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Landscape and Tree Information PackGuidelines for development applicationsAugust 2010

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ContactOur Customer Service staff can answer most procedural questions. Where more detailed advice is required, Customer Service staff will refer you to our Duty Planning Officer.

T 02 9424 0000 F 02 9424 0001 DX 8703 Gordon TTY 133 677

E kmc@kmc.nsw.gov.au W www.kmc.nsw.gov.au

Address 818 Pacific Highway, Gordon NSW 2072

Post Locked Bag 1056, Pymble NSW 2073

Opening hours General enquiries: Monday - Friday 8:30am – 5pm

What is the purpose of these guidelines?These guidelines have been developed to provide an overview of the tree and landscape requirements for development in Ku-ring-gai and assist applicants to understand and meet our tree and landscape standards.

The existing high quality treed landscape character of Ku-ring-gai is one of its most important attributes. The landscape of established gardens, extensive areas of bushland and especially the tall native tree canopy sets Ku-ring-gai apart from other areas of Sydney.

A fundamental aim of our development controls is to ensure the built environment and new development does not dominate but rather harmonises with, and contributes to the existing qualities of Ku-ring-gai’s natural landscape.

Our landscape requirements are an important means by which harmony between built and natural features may be achieved.

Landscape requirements assist in ensuring that the green and vegetated landscape qualities of Ku-ring-gai are sustained and replenished and can assist in compensating for loss of biodiversity and native canopy tree loss.

A good landscape scheme will result in a high quality, functional outdoor environment for the occupants, while ensuring that local amenity and character are preserved and canopy and biodiversity is replenished. A good design will also respect the existing features and constraints of the site.

As part of a development application (DA), we may require the submission of a detailed landscape plan or in some cases a screen planting plan. See our Development Application Guide for details.

We may also require an arborist’s report where there are substantial trees on site and where trees are potentially affected by the proposed development works. This may be either by direct removal of a tree or works such as excavation, fill and drainage that may damage trees.

Extensive areas within Ku-ring-gai contain remnants of native vegetation and bushland and have been classified as endangered ecological communities (EECs) or may contain or provide habitat for endangered species.

Any landscape assessment and statement of environmental effects should identify the fauna and flora communities and general vegetation that occurs on and adjacent to the site, and address impacts that may occur on these communities or species as a consequence of a development proposal.

Why are there landscape requirements?

What is required?

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When are fauna and flora reports required?Where EECs or endangered species occur or are likely to occur on or adjacent the site, then a fauna and flora report and impact assessment would be required. This must be prepared by an ecologist.

What are endangered communities and species?Ecologically endangered communities are vegetation communities that have been classified as such under the NSW

Threatened Species Conservation Act. Endangered species are individual flora or fauna species listed within the act.

These communities and species are considered to be threatened within NSW and in some cases are nationally threatened, eg. Blue Gum High Forest.

In Ku-ring-gai, EECs are Sydney Turpentine Ironbark Forest, Duffy’s Forest Woodland and the now critically endangered Blue Gum High Forest.

Endangered fauna and flora species in Ku-ring-gai include the Powerful Owl, Red Crowned Toadlet, Darwinia biflora and many others.

Further comprehensive information can be found at :www.threatenedspecies.environment.nsw.gov.au

How are EECs and endangered species relevant to development applications?It is a requirement of both the Environmental Planning and

Assessment Act and the State Government Threatened Species Act that impacts on these species or communities, as a consequence of a proposed development, are measured and addressed at the DA stage.

If this issue is not addressed as part of an application, this may delay the assessment of your application. We may reject your application or defer the assessment of your application, while information concerning such matters is provided.

When are landscape plans required?• new residential dwellings• substantial alterations and additions• dual occupancies• residential flat development• senior living development• large commercial developments• where there are substantial changes to external areas or where

a garden of heritage and/or landscape value is compromised.

What is required as part of the landscape plan submission?A detailed landscape plan should be prepared by a suitably qualified and experienced professional such as a landscape architect or landscape designer.

Landscape plans should be developed at the same time as the architectural and drainage concepts and should take into account arborist’s recommendations to ensure the best possible outcome with regard to site constraints and landscape amenity.

This will assist in ensuring a high quality submission and a quicker assessment of your proposal.

Landscape design approachThe landscape design should be developed in conjunction with the design of the buildings and other structures so that an integrated approach to site design is achieved. The design should respect and retain, as far as possible, the natural topography of the site and existing trees and vegetation.

The landscape design should address site constraints and opportunities, such as site slope, aspect and environmentally sensitive features such as existing rock outcrops, existing trees and vegetation, riparian areas, bushland on or adjacent to the site and bushfire constraints.

The design should be sympathetic to the existing landscape character of the area and help to reduce the impacts of development on the surrounding environment.

Fundamental aspects of the landscape plan should:

• address the streetscape character with suitable vegetation

• incorporate existing good established trees and vegetation

• provide screen and buffer planting within the side and rear setbacks

• provide for canopy tree planting

• use appropriate species for the area and the site conditions.

Site characteristics such as soil, slope aspect, micro climate, as well as plant function, will also determine appropriate plant material selection.

Are particular types of planting/ landscape preferred?We encourage the use of locally occurring native species, while also recognising that plant selection should complement the local landscape character. This is a particular consideration for heritage sites.

Within areas that contain EECs such as Blue Gum High Forest, Sydney Turpentine Ironbark Forest complex and Duffy’s Forest

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Woodland, special consideration must be given to plant selection.

Our Development Control Plan (DCP) No. 38 requires that a proportion of plants be from locally occurring native vegetation types, depending on proximity to bushland and also take into account local landscape character.

We encourage the use of a mixture of plant types and discourage the use of monoculture plantings.

The use of large hedging species closely planted to boundaries, such as Leyland’s Cypress, should be avoided. Such plants may detrimentally impact upon the amenity of adjacent properties and on the bushfire vulnerability of properties in fire prone areas.

Existing trees and other vegetationWe encourage the retention of trees and existing vegetation, including exotic shrubs and remnant native vegetation.

Landscape designs should aim to minimise impacts on existing trees and vegetation by minimising cut and fill within the canopy spread of trees.

Existing vegetation on site can provide an instant developed and mature landscape and, where feasible, should be retained and incorporated into landscape designs.

On developed sites, older plantings of Camellias and Azaleas and mixed shrub plantings with a developed native and exotic tree canopy are characteristic of Ku-ring-gai and contribute to the character of the local landscape.

The landscape scheme should also be responsive and take into account issues such as the existence of EECs and species on or adjacent to the property, bushland areas in general and riparian (watercourse) areas.

Tree impacts/removal and complying development applicationsDevelopments will not be approved where trees and vegetation protected under Council’s Town Centres Local Environment Plan (LEP) and DCP or Tree Preservation Order are required to be removed or pruned (including root pruning).

In such situations separate consent is required before lodging a complying development application.

Applications for the removal or pruning will be assessed by our Tree Management Officers based on the arboricultural merits of the proposed tree works.

See Council’s Request for Tree Works Form:www.kmc.nsw.gov.au/resources/documents/Request_for_Tree_Works_Approval_2008_09.pdf

For guidance in relation to tree assessment see Council’s Tree Assessment Guidelines :www.kmc.nsw.gov.au/resources/documents/Tree_Assessment_Guidelines_for_Trees_on_Private_Lands_2007.pdf

Separate consent from NSW Government authorities may be required for works impacting on areas of remnant EECs or where endangered fauna or flora species occur.

More information in relation to this issue may be found at the Department of Environment and Conservation:www.threatenedspecies.environment.nsw.gov.au/tsprofile/tec_tec_legislation.aspx

How much landscape area is to be provided?For a residential development involving single dwelling houses, the landscape area ranges from 40 to 50 per cent of the site, depending on whether it is a one or two storey residence.

Details of the required areas may be found in DCP No. 38: www.kmc.nsw.gov.au/www/html/1228-dcp-38---residential-design-manual.asp

Requirements for other types of development vary and are specified in the relevant DCP or LEP. There are some very specific deep soil landscape requirements for residential flat buildings.

Related information

LEP194 sites :www.kmc.nsw.gov.au/resources/documents/LEP194_GAZETTED.pdf

Town Centres LEP and DCP:www.legislation.nsw.gov.auwww.kmc.nsw.gov.au/html/227-policies--planning-documents.asp

For Seniors Living Developments:

State Environment Planning Policy Seniors Living :www.duap.nsw.gov.au/settingthedirection/pdf/seniors_living_policy-urban_design_guidelines.pdf

For Dual occupancy Developments:

State Environment Planning Policy 53, dual occupancywww.kmc.nsw.gov.au/www/html/439-dual-occupancy-code.asp

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What are deep soil landscape areas?Deep soil landscape area is a specific consideration for particular types of development and is a mandatory requirement for those sites. These deep soil requirements come under our LEPs and DCPs. There are also specific deep soil requirements for types of development such as residential flat buildings and seniors living, as well as requirements for common landscape areas.

Deep soil has very stringent definitions and requirements. Details are available within the relevant LEPs and DCPs.

Related information :www.kmc.nsw.gov.au/html/277-policies- -planningdocuments.asp

What are deep soil diagrams?Deep soil diagrams are required for large scale developments to demonstrate compliance with deep soil landscape requirements. The deep soil diagram must be at the same scale as the submitted architectural plans.

The deep soil diagram must clearly indicate all areas calculated as deep soil in accordance with the definition of “deep soil landscaping”.

The deep soil diagram is to indicate the total site area and the total area and percentage of the site that has been calculated as deep soil.

At least one copy of this diagram must be provided on tracing/ transparent paper to enable overlay and clarity for assessment purposes.

Landscape requirements and BASIX CertificateIntroduced by the NSW Government, BASIX, the Building Sustainability Index, ensures homes are designed to use less water and emit fewer greenhouse gases by setting energy and water reduction targets.

BASIX certificates are required by the NSW Government for most developments and must be submitted to Council as part of the development application.

BASIX certificates may nominate a specified area of the site for low water use or locally occurring native planting. The area required must be specifically shown on the landscape plan and must be entirely composed of these types of plants.

Information is available on the BASIX websitewww.basix.nsw.gov.au

Also on the Sydney Water website which has a low water “one drop” plant list.www.sydneywater.com.au/SavingWater/InYourGarden/PlantSelector/WaterRatings.cfm

What should be included on a landscape plan ?The plan at a scale preferably of 1:100 is to indicate the following :

• proposed and existing levels by way of spot heights and contours at a minimum of 0.5m intervals

• rock outcrops

• watercourses and riparian zones

• trees on adjacent sites within 3m of boundaries

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• street trees

• site boundary

• existing walls, fences, and other structures

• proposed and existing drainage structures

• existing vegetation both on the site and adjacent to the site, trees are to be numbered and identified by species

• trees and vegetation to be retained or removed indicated clearly in graphic form

• tree locations are to be accurately shown, including trunk location and canopy spread

• existing trees identified, numbered (consistent with arborist’s report if prepared) this is to be indicated on the drawing and on a schedule of existing trees , including trees on neighbouring properties and street trees, on the plan indicating tree species tree height diameter of trunk at breast height (DBH) and whether to be retained or removed

• proposed ground treatment, such as paved areas, pathways , lawn areas, mulch or gravel or garden areas, structures, such as walls including levels to top and bottom of walls, steps, fences, drainage structures and pergolas

• proposed new plantings, including species and variety, location, numbers of plants of each species and pot sizes

• the particular landscape area or areas (if any) specifically nominated under BASIX must be identified on the drawing and the area calculated

• on sites that are steep or where there are significant proposed or existing changes in level, a section or sections may also be required

• details of any landscape structures

• streams and riparian areas.

Weed removalWeeds are plant species that detrimentally affect Ku–ring-gai’s natural environment.

To assist with the management of problem weed species on private property, we will require the removal of noxious weed species and also species classified as environmental weeds within our Weed Management Policy. www.kmc.nsw.gov.au/resources/documents/Weed_management_policy_revised_07.pdf

Tree replenishment requirementsWe will require a minimum number of canopy trees to be retained or provided on site. The number of trees required depends on the

size of the lot and would include existing trees and trees proposed to be planted. A proportion of the trees to be planted should also be locally occurring native canopy trees.

Screen planting plansScreen planting plans may be required for alterations and additions, pools, tennis courts, decks and other structures. The purpose of this plan is to indicate the species number and location of screen and buffer planting to specific structures to address issues of amenity where a full landscape plan is not necessary.

The plan should be submitted as part of the DA.

When is an arborist’s report required ?An arborist’s report must be prepared for any development that involves removing trees that are more than 8 metres high or where works such as excavation, fill, structures, drainage and works paving are proposed under the canopy of such trees. This will also include trees on neighbouring sites or on our nature strip.

An arborist should be involved at site analysis stage to identify trees worthy of retention or removal. The arborist should also provide advice during the design process and recommendations to avoid or minimise damage to trees worthy of retention.

The arborist’s report should be prepared by a suitably qualified and experienced arborist, preferably with a tertiary qualification of or equivalent to Australian Qualification Standard level 5 (AQF 5).

What should be included in an arborist’s report ?An arborist’s report provides technical comment on the age, health and significance of individual trees and an analysis of the impact of the development proposal on such trees, both on and adjacent to the site. The report should also provide recommendations to mitigate any such impacts.

The report should provide reasons for recommending removal of any tree, including development impacts, tree condition, relevant structural testing or other relevant arboricultural analysis supporting the conclusions.

Unsubstantiated observations, analysis or opinion will not be acceptable.

For information on arborist’s reports see our Guidelines for arborist reports available on our website. www.kmc.nsw.gov.au/resources/documents/Guidelines_for_Preparing_An_Arborist_Report_2007.pdf

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Landscape and bushfire requirementsFire prone lands in Ku-ring-gai have been mapped. This map is available at our administrative offices or online. Development applications proposing works within these areas are referred to the Rural Fire Service NSW (RFS).

The RFS may impose special recommendations for asset protection. This may impact upon tree retention and the sorts of planting and location of planting.

More information is available on building in fire prone areas from the Rural Fire Service at:

www.bushfire.nsw.gov.au

Compliance with hazard reduction requirements may also involve clearance of parts of remnant bushland and may have implications concerning impacts on EEC vegetative communities and endangered fauna.

Where trees and other vegetation must be removed or pruned to comply with fire requirements, we will require details of the proposed works so that a proper assessment of impacts on vegetation can be made.

Riparian (watercourse) zones Ku-ring-gai’s streams and watercourses have been divided into three categories. The width of the riparian area associated with each category is dependant on the classification of the stream within the policy. Objectives have been set for each watercourse category.

Our Riparian Policy outlines these requirements :www.kmc.nsw.gov.au/resources/documents/Riparian_Policy_December_2004[1].pdf.

The policy aims to rehabilitate and preserve riparian areas. In these areas we encourage the planting of locally occurring riparian zone species and removal of weeds.

Structures including retaining walls, paving, bridges and the like are not permitted within riparian areas. Piping of watercourses is also not permitted.

Tree protection requirementsAreas under the canopy of trees near construction works or vehicle access points must be protected. This is most commonly achieved by installing tree protective fencing.

The function of the fencing is to protect the root zone of significant trees from damage due to soil compaction from vehicles, damage due to storage of materials, disposal of building waste and building works.

Tree protection fencing consists of galvanised panels 1.8m high. For minor works star picket and wire may be specified. We may also require the fenced area to be mulched to further protect the tree root zone and to retain moisture.

In areas where fencing is not possible, we may require trunk protection using boards and root zone protection using rumble boards and gravel ballast.

Completion and maintenance of landscapingLandscape works associated with development works are required to be completed prior to issue of the Occupation Certificate, and are to be established and maintained on an ongoing basis.

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