2.7 Biodiversity,Waterways and the Environment

Retain existing terrestrial and aquatic habitats, including trees, rocks, and beaches.

Where natural features are missing, install functional habitat such as logs, stone boulders, or nesting boxes/hollows.

Design the development footprint to minimise vegetation disturbance and increase functional habitat.

Where site constraints limit the provision of ground‑level planting and landscaped habitat, biodiversity objectives may be achieved through alternative design responses. Development can incorporate trees and vegetation across multiple levels — including rooftops, terraces, living walls and atriums — in addition to, or where necessary instead of, ground‑level planting. Specific controls for green roofs and green walls are contained in Section 2.8 – Trees and Landscaping of this DCP.

Allow excavation of rock faces, rocky outcrops, escarpments, cliff faces, or steep slopes only where:

• a)It does not harm the landscape setting or views from waterways, public reserves or roads
• b)It does not damage native animal habitat

It is necessary for maintenance or restoration of the feature

Permit reconstruction of rock walls or openings in rock faces, outcrops, escarpments, cliff faces or steep slopes only when required for safety or serviceability.

Design development near unique environmental features (whether on the site or adjoining land) to be sympathetic in colour, texture, materials, form and character. Ensure the design:

• a)Minimises disturbance to the site
• b)Protects, retains and integrates the feature by:
• i.Keeping it in place
• ii.Locating buildings away from the feature
• iii.Incorporating the feature into building or landscape design
• c)Uses construction methods that limit impacts (e.g. pole construction on sloping sites, avoid chasing for pipes or conduits)
• d)Uses materials that complement the feature
• e)Keeps the feature visible from public areas, including waterways
• f)Uses fencing that is permeable and compatible with the feature. Avoid high, solid or unarticulated fencing on top of rock or cliff faces next to public open space
• g)Includes plant species native to the area to support fauna habitat

Statutory Compliance: In addition to these controls, development adjacent to the foreshore or within riparian corridors is to comply with the following, where relevant:

• a)Chapter 6 of SEPP (Biodiversity and Conservation) 2021
• b)Chapter 2 of SEPP (Resilience and Hazards) 2021
• c)Coastal Management Act 2016
• d)Sydney Harbour Foreshores and Waterways Area DCP (2005)

Development within or adjacent to waterways and riparian land is to:

• a)Minimise Encroachment: Use careful siting to protect geomorphic and ecological values
• b)Flood Protection: Locate all new development above the 1% AEP flood level
• c)Scale and Amenity: Limit the scale of structures to avoid adverse impacts on riparian function and visual amenity
• d)Hardstand Management: Retain existing hardstand structures only where necessary and integrate environmental enhancements, such as water sensitive urban design, into the design

Minimise impacts on riparian soil and biology by:

• a)Prioritising permeable treatments to support natural infiltration
• b)Avoiding soil disturbance and vegetation removal unless required for rehabilitation or remediation
• c)Locating service infrastructure (stormwater, sewerage, etc.) outside riparian land. Where unavoidable, use non-destructive techniques like directional drilling and ensure infrastructure is not located above ground or above the bed of the waterway
• d)Retaining and enhancing riparian vegetation. If removal is unavoidable, a Vegetation Management Plan (VMP) prepared by a qualified expert is required, utilizing 100% endemic species in dense, multi-layered plantings

Public access (walkways, cycleways, and tracks) is encouraged where appropriate, provided it:

• a)Forms a useful link in the "blue-green grid" of active transport and recreational pathways
• b)Is designed and constructed to protect the riparian land and manage "edge effects" (weed incursion or erosion)

Where required for fall risks, safety fences are to be set back from the top of the bank and use an open, permeable design to allow for the movement of flora, fauna, and water.

Design development to ensure natural hydrological flows. Whenever feasible, return piped or channelised watercourses to a naturally functioning form.

Works are not to result in the straightening, significant relocation, widening, narrowing, piping, or lining of a natural waterway.

Retain existing terrestrial and aquatic habitat for native animals, including trees, rocks and beaches.

Minimise the impact of development on vegetation so that new development does not result in loss of habitat.

Plant a mix of endemic species native to the Inner West, complying with C23 for percentage requirements.

Install habitat features such as logs, stone boulders or nesting boxes/hollows.

Exclude any priority local weeds listed on Council’s website and any weeds listed in the Greater Sydney Regional Weed Management Plan from proposed plantings. Actively manage weeds listed in the Greater Sydney Regional Weed Management Plan to prevent, minimise or eliminate biosecurity risks, as required by the Biosecurity Act 2015.

Limit barriers to fauna movement by avoiding new solid fences, high raised garden beds, and roads or driveways where the property adjoins riparian land, wildlife corridors or natural areas.

Avoid externally visible artificial lighting. External lighting design and products are to comply with the National Light Pollution Guidelines for Wildlife.

Provide on-site soil and water management measures, such as Water Sensitive Urban Design features, to prevent erosion and treat stormwater before it enters wildlife corridors or riparian land.

For new dwellings and major works involving site clearing and/or new buildings, landscaping is to prioritise endemic species and structural diversity in accordance with Table 2.7.1 Endemic species planting requirements.

Heritage Variation: This requirement may be varied only where a high percentage of non-native species is essential to retain the significance of a Heritage Item or Conservation Area.

Multi-Layered Vegetation: All landscaping is to provide a continuous, dense, and multi-layered structure (canopy, mid-storey/shrubs, and groundcover) to maximise habitat value and support ecological resilience and biodiversity, as identified in Figure 2.7.2.

A formal Flora and Fauna Assessment is to be submitted with any Development Application where:

The land is identified in Figure 2.7.1

• a)The site is identified on the Inner West Council Threatened Species Map as a location where threatened species have been previously sighted or
• b)Proposed works are likely to significantly impact flora and fauna, regardless of mapping

Determining a "Significant Effect" The assessment is to evaluate whether the proposal is likely to significantly affect threatened species, populations, or endangered ecological communities. Under Section 7.3 of the Biodiversity Conservation Act 2016, a proposal is considered to have a significant effect if it:

• a)Meets the "test of significance" criteria set out in the Act
• b)Exceeds the Biodiversity Offsets Scheme (BOS) threshold or
• c)Is located within a declared Area of Outstanding Biodiversity Value (under Part 3 of the EP&AAct)

In accordance with Section 7.7 of the Biodiversity Conservation Act 2016, a Biodiversity Development Assessment Report (BDAR) is to accompany a Development Application if the initial assessment or the Section 7.3 test determines that the proposal is likely to significantly affect threatened species. This applies to all Part 4 applications except for State Significant Development (SSD) or Complying Development.

A Test of Significance and a Biodiversity Development Assessment Report (BDAR) is only required for development located within or adjacent to Bandicoot Protection Areas in accordance Figure 2.7.1 of this DCP or as a result of the flora and fauna assessment required by C26, the development is to incorporate and implement all relevant recommendations contained within the submitted BDAR.

In bandicoot protection areas design features in new developments are to include the following:

• a)Raise any external walkways.
• b)Complex native garden beds in contiguous corridors.
• c)Limit physical barriers to movement.
• d)External lighting design and products are to comply with the National Light Pollution Guidelines for Wildlife.