Biodiversity Assessment Pathways for Development Applications

Overview

Use this guide to identify biodiversity matters that may affect the design and assessment of a development application in The Hills Shire. It is an early self-check only. It does not replace site-specific advice, a formal ecological assessment or Council assessment.

Biodiversity requirements depend on the site, the proposed works and the legislation and planning controls in force when the application is assessed. Online maps can be incomplete or generalised. Obtain professional ecological, planning, bushfire or legal advice where required, and contact Council before lodging if the pathway is unclear.

Start here: what should I do?

1. Check the site early. Review Council and NSW mapping before finalising the design.
2. Avoid impacts first. Where possible, keep development, earthworks, access, services, bushfire protection and vegetation removal away from waterways, protected vegetation, threatened ecological communities, habitat features, steep land and other mapped biodiversity areas.
3. Check whether the Biodiversity Offsets Scheme applies. If any scheme trigger applies, a Biodiversity Development Assessment Report may be required.
4. Engage the right specialist. A Biodiversity Development Assessment Report must be prepared by an accredited assessor. Other ecological reports should be prepared by a suitably qualified ecologist or botanist.
5. Speak with Council if you are unsure. Mapping is a guide and may not show all on-ground biodiversity values or approval requirements.

The legal and assessment framework

Development applications are assessed under the Environmental Planning and Assessment Act 1979 (EP&A Act). For development assessed under Part 4 of that Act, Council is generally the consent authority.

The Biodiversity Conservation Act 2016 (BC Act) is the main NSW legislation referred to in this guide for protecting threatened species, threatened ecological communities and their habitats.

The Biodiversity Offsets Scheme (BOS) is part of the BC Act. It establishes a specific biodiversity assessment pathway for development that meets one or more entry triggers.

The BOS uses the Biodiversity Assessment Method (BAM). If the proposed development triggers entry into the BOS, a Biodiversity Development Assessment Report (BDAR) must be prepared using the BAM by an accredited assessor and submitted with the development application.

When is a BDAR required? 

Section 7.2 of the Biodiversity Conservation Act 2016 identifies the BOS entry triggers. A BDAR is required if the proposed development:

• Is likely to significantly affect threatened species or threatened ecological communities, or their habitats
• Exceeds the vegetation clearing threshold
• Impacts land shown on the NSW Biodiversity Values Map
• Is carried out in a declared area of outstanding biodiversity value. Read about areas of outstanding biodiversity value here on the NSW Government website.

Local note: At the time this guide was prepared, The Hills Shire did not contain a declared area of outstanding biodiversity value. The other BOS triggers remain relevant across the local government area.

Vegetation clearing thresholds

Use the minimum lot size that applies to the property. If no minimum lot size applies, use the property’s actual area. The threshold is triggered when proposed native vegetation clearing is equal to or greater than the amount shown below.

What if the BOS is not triggered?

A development can still affect biodiversity even when it does not enter the BOS. For example, the proposal may involve vegetation removal, threatened ecological communities near the site, hollow-bearing trees, rocky outcrops, cliffs or other habitat features.

In these circumstances, a Flora and Fauna Assessment may be appropriate. It can include a Test of Significance for potential impacts on threatened species, threatened ecological communities or their habitats. A suitably qualified ecologist should advise what assessment is required.

Self-check: Council mapping

Open The Hills Shire Council interactive map, search for the property and turn on the relevant layers. The layers below can help identify early design constraints. Mapping is indicative and should be checked on site by an appropriately qualified professional.

Creek Centreline: Shows mapped watercourses on or next to the land. The width of “waterfront land” depends on stream order under the Strahler system. Avoid impacts to waterfront land. If they cannot be avoided, referral to the Natural Resources Access Regulator (NRAR) may be required. Find out more about strahler stream order here.

Self-check: NSW SEED Portal

Open the NSW SEED Portal map, search for the property and add the following layers from the catalogue.

Biodiversity Values Map: Shows areas of high biodiversity value. Any impact to mapped land, including earthworks, triggers entry into the BOS and requires a BDAR. See Biodiversity Values Map and Threshold Tool.

SVTM NSW Extent PCT (select all): The State Vegetation Type Map is a guide to possible native vegetation. Ground-truthed mapping by a suitably qualified ecologist or botanist is still needed. A qualified ecologist should confirm whether a Plant Community Type is associated with a threatened ecological community using NSW BioNet. Avoid impacts where possible; otherwise minimise and mitigate them. See State Vegetation Type Map.

TEC Greater Sydney: Shows possible threatened ecological communities. It is a guide only and requires ground-truthing by a suitably qualified ecologist or botanist. Avoid impacts first; otherwise minimise and mitigate them. See Threatened ecological communities.

NSW Cadastre (Lot): Shows property boundaries in relation to the other mapping layers.

NSW BioNet Species Sightings: Shows some historical fauna records. Sensitive records may not appear. A suitably qualified ecologist should use the NSW BioNet Atlas to assess threatened species records and habitat. Avoid impacts to threatened species and habitat features such as hollows, caves and cliffs; otherwise minimise and mitigate them. See NSW BioNet Atlas species sightings data.

NSW Hydrography (select all): Shows mapped watercourses. Waterfront land depends on stream order under the Strahler system. Avoid impacts. If unavoidable, referral to NRAR may be required. Find out more about Strahler stream order here.

SEPP Resilience and Hazards 2021 (select all): Shows land associated with major waterways and wetland areas under the State Environmental Planning Policy. Avoid impacts to these mapped areas. See State Environmental Planning Policy (Resilience and Hazards) 2021.

Other matters to check

NSW Rural Fire Service 10/50 Scheme

Some land in The Hills Shire may be covered by the NSW Rural Fire Service 10/50 Vegetation Clearing Entitlement Scheme. The scheme allows certain vegetation clearing near homes for bushfire protection. Use the NSW RFS online tool to check whether the property is eligible and what clearing is permitted.

State Environmental Planning Policy - Precincts (Central River City) 2021

Some land in North Kellyville and Box Hill is within Sydney Regional Growth Centres - North West and has been biodiversity certified. In those certified areas, further threatened species assessment under the Biodiversity Conservation Act 2016 may not be required.

Biodiversity certification identified higher-value land for retention and protection and allowed lower-value land to proceed through a more streamlined development pathway. Council approval is still required for vegetation removal or development. Check the Guide to Biodiversity Certification and its North West Growth Centre map to identify land to which the relevant planning controls apply.

Restricted Development Areas and Vegetation Management Plans

Some properties contain Restricted Development Areas under section 88B instruments and The Hills Shire Council's Development Control Plan 2012. These areas are shown on the relevant Deposited Plan. Design the development to avoid them.

Bushland retained under an earlier development consent may also be managed under an approved Vegetation Management Plan (VMP). Design the proposal to avoid any area previously protected or managed under a VMP.

Development design checklist

Use this checklist before lodging the development application. A “No” answer usually means the design, supporting information or referral requirements need further work.

Glossary