BUSHFIRE CONSTRAINTS ASSESSMENT FOR THE SHONE AVENUE WEST DAPTO ROAD NEIGHBOURHOOD PLAN HORSLEY Australian Bushfire Protection Planners Pty Limited ACN 083 085 474 32 Old Dog Trap Road, SOMERSBY 2250 NSW. Phone: (02) 43622112 Fax: (02) 43622204 Email: abpp@bigpond.net.au
BUSHFIRE CONSTRAINTS ASSESSMENT FOR THE SHONE AVENUE WEST DAPTO ROAD NEIGHBOURHOOD PLAN HORSLEY Assessment Document Preparation Issue Directors Approval Number Date Date B142234 Final 18.8.2014 20.8.2014 G.L.Swain 2
EXECUTIVE SUMMARY Australian Bushfire Protection Planners Pty Limited, on behalf of the landowners, has prepared a Bushfire Constraints Assessment Report for the Neighbourhood Plan for the land on Shone Avenue and West Dapto Road in the suburb of Horsley. The Neighbourhood Plan covers land bounded to the north by West Dapto Road, to the west and southwest by Shone Avenue and to the south/southeast and east by the Robins Creek corridor. The Neighbourhood Plan precinct contains the following lots: Lot C in DP 397366; Lot 1 in DP 26069; Lot 2 in DP 26069; Lot 5 in DP 26069; Lot 1 in DP 607456; Part Lot 1012 in DP 862178; Part Lot 102 in DP 1137454; and Part Lot 19 in DP 879647. An application is being lodged with Wollongong City Council under Chapter D16 of the Wollongong City Council [WCC] Development Control Plan 2009 [West Dapto Release Area] for approval of a Neighbourhood Plan which creates three hundred and ninety four [394] residential allotments, including sixteen [16] dual occupancy lots and one [1] medium density lot within the R2 zoned land identified on Figure 5.lb of the DCP. The residual E3 zoned land is set aside for future park land. The Wollongong Bushfire Prone Land Map records Category 1 Bushfire Prone Vegetation on the land within the north-western corner of Lot 1 in DP 607456, located to the south-east of the intersection of West Dapto Road and Shone Avenue. The map records no other bushfire prone vegetation within the Neighbourhood Plan precinct. However, the Development Control Plan identifies the requirement for the rehabilitation of the riparian corridors to Robins Creek and its tributaries located within the Neighbourhood Plan precinct. This rehabilitation is likely to create, in the life of the development, a corridor of vegetation which could become a bushfire hazard. Therefore, as part of the Neighbourhood Plan precinct is mapped as containing bushfire prone vegetation and that there is the likelihood additional bushfire prone vegetation will establish in the riparian corridors, the future residential subdivision of the land is deemed to be Integrated Development pursuant to Section 91 of the Environmental Planning & Assessment Act 1979. Section 91 of the Environmental Planning & Assessment Act 1979 requires authorisation under section 100B of the Rural Fires Act 1997 in respect of bush fire safety of subdivision of land that could lawfully be used for residential or rural residential purposes or development of land for special fire protection purposes. 3
Section 100B of the Rural Fires Act 1997 requires the Commissioner to issue a Bushfire Safety Authority which authorises development for a subdivision of bush fire prone land that could lawfully be used for residential or rural residential purposes, or development of bush fire prone land for a special fire protection purpose to the extent that it complies with standards regarding setbacks, provision of water supply and other matters considered by the Commissioner to be necessary to protect persons, property or the environment from danger that may arise from a bush fire The standards regarding setbacks, provision of water supply and other matters considered by the Commissioner to be necessary to protect persons, property or the environment are contained in the document Planning for Bushfire Protection 2006. This Bushfire Constraints Assessment undertakes an assessment of the bushfire protection measures required to address the bushfire risk to the future residential development, consistent with the Residential Development specifications of Planning for Bushfire Protection 2006. The characteristics of the site, as discussed in this report, together with the fire protection measures recommended, provide that the Neighbourhood Plan and subsequent subdivision of the land is suitable in terms of its intended residential land use. Graham Swain Managing Director Australian Bushfire Protection Planners Pty Limited. 4
TABLE OF CONTENTS EXECUTIVE SUMMARY... 3 TABLE OF CONTENTS... 5 SECTION 1... 6 INTRODUCTION... 6 1.1 Statutory Requirements.... 6 1.1.1 Legislation.... 6 1.1.2 Planning Policies.... 7 1.2 Documentation reviewed in the preparation of this Assessment.... 8 1.3 Site Inspection.... 8 1.4 Aim of this Report.... 8 1.5 Development Proposal.... 9 SECTION 2... 11 DESCRIPTION OF THE LAND WITHIN THE NEIGHBOURHOOD PRECINCT. 11 2.1 Location.... 11 2.2 Existing Land Use.... 11 2.3 Landuse adjoining the Neighbourhood Plan Precinct.... 13 2.4 Topography.... 13 2.5 Vegetation.... 15 2.5.1 Vegetation within the Neighbourhood Plan Precinct.... 15 2.6 Site Photographs.... 18 SECTION 3... 20 BUSHFIRE PRONE LAND MAP... 20 SECTION 4... 22 BUSHFIRE CONSTRAINTS ASSESSMENT... 22 4.1 Introduction.... 22 4.2 Determination of Asset Protection Zones.... 23 4.3 Water Supplies for Firefighting Operations.... 24 4.4 Access for Fire Fighting Operations.... 24 4.5 Assessment of Bushfire Attack (Construction Standards to the future dwellings).... 24 4.6 Management and maintenance of bushfire protection measures.... 25 REFERENCES:... 27 5
SECTION 1 INTRODUCTION 1.1 Statutory Requirements. This assessment has been prepared having regard to the following legislative and planning requirements: 1.1.1 Legislation. (a) Environmental Planning and Assessment Act (EPA Act) Planning and development within NSW is regulated by the Environmental Planning & Assessment Act, 1997 (EPA Act). In relation to bushfire planning for new residential, rural residential in bushfire prone areas in NSW, the following section of the EPA Act applies: (i) Section 79C(1) states: In determining a development application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application: The likely impacts of the development (e.g. natural hazards such as bushfire threat); The suitability of a site for development (e.g. bushfires) (ii) Section 91(1) defines the subdivision of Bushfire Prone Land for residential and rural residential subdivision and the construction of special protection developments that are located in a Bushfire Prone Area as integrated development, which requires authorization under Section 100B of the Rural Fires Act 1997. (b) Rural Fires Act 1997 The objectives of the Rural Fires Act are to provide: The prevention, mitigation and suppression of fires; Coordination of bushfire fighting and prevention; Protection of people and property from fires; and Protection of the environment. 6
In relation to bushfire planning for new residential, rural residential and the construction of special fire protection developments in bushfire prone areas in NSW, Section 100B of the Act applies and provides for the issue, by the Commissioner of the NSW Rural Fire Service, of a Bushfire Safety Authority for development which creates the subdivision of bushfire prone land for residential and rural residential development and construction of special fire protection developments located within a Bushfire Prone Area. Application for a Bushfire Safety Authority must be lodged as part of the development application process and must demonstrate compliance with Planning for Bushfire Protection 2006 and other matters which are considered necessary, by the Commissioner, to protect persons, property and the environment from the impact of bushfire. In relation to the management of bushfire fuels on public and private lands within NSW, Sections 63(1) and 63(2) require public authorities and owners / occupiers of land to take all practicable steps to prevent the occurrence of bushfires on, and to minimize the danger of the spread of bushfires. (c) Rural Fires Regulation 2013. Section 44 of the Rural Fires Regulation 2013 relates to planning for new residential, rural residential and special fire protection developments in bushfire prone areas in NSW and provides details of the matters that are required to be addressed for the issue of a Bushfire Safety Authority under Section 100B of the Rural Fires Act. (d) Threatened Species Conservation Act 1995 (TSC Act). The TSC Act aims to protect and encourage the recovery of threatened species, populations and communities as listed under the Act. The TSC Act is integrated with the EP&A Act and requires consideration of whether a development or an activity (such as the implementation of hazard reduction and asset protection) is likely to significantly affect threatened species, populations and ecological communities or their habitat. 1.1.2 Planning Policies. Planning for Bushfire Protection 2006 (Rural Fire Service). This document provides guidance on the planning and development control processes in relation to bushfire protection measures for residential subdivision and Special Protection Developments in bushfire prone areas. The Commissioner may determine, under Section 100B of the Rural Fires Act 1997, additional measures that are considered necessary to protect the development against the impact of bushfire. 7
1.2 Documentation reviewed in the preparation of this Assessment. The following documents were reviewed in the preparation of this report: Wollongong City Council Development Control Plan 2009 in force 14.12.2013; West Dapto Urban Release Area (WDURA) as defined under the Wollongong Local Environmental Plan (West Dapto) 2010; Proposed Neighbourhood Plan Shone Avenue /West Dapto Road, Horsley General Lot Layout prepared by K. F. Williams & Associates Pty Ltd Project No. KF111545, Drawing No. C01, dated 5.5.2014; Wollongong City Council Bushfire Prone Land Map; Planning for Bushfire Protection 2006 prepared by the NSW Rural Fire Service; Australian Standard AS3959-2009 Construction of Buildings in Bushfire Prone Areas; Rural Fires Regulation 2013; Locality Plan prepared by KF Williams & Associates Pty Ltd; Aerial Photograph Location Plan prepared by KF Williams & Associates Pty Ltd. 1.3 Site Inspection. Graham Swain of Australian Bushfire Protection Planners Pty Limited inspected the development site and surrounding areas on the 1 st May 2014 to assess the topography, slopes and vegetation classification within and adjoining the Neighbourhood Plan precinct and to validate the proposed subdivision s compliance with the requisite deemed-to-satisfy Asset Protection Zones and access provisions. Adjoining properties were also inspected to determine the surrounding land use / vegetation communities, land management and the extent of bushfire prone vegetation. 1.4 Aim of this Report. The aim of this report is to provide a Bushfire Protection Assessment that examines the following: 8
(i) (ii) (iii) (iv) (v) (vi) The provision of building setbacks (Asset Protection Zones) from vegetated areas and the siting of buildings to minimize the impact of radiant heat and direct flame contact; Fire fighting water supplies; Access requirements for emergency service vehicles; Construction standards to be used for the future buildings within the proposed development to minimize the vulnerability of buildings to ignition from radiation and ember attack; Land management responsibilities; and Evacuation management. 1.5 Development Proposal. An application is being lodged with Wollongong City Council under the provisions of Chapter D16 of the Wollongong City Council [WCC] Development Control Plan 2009 [West Dapto Release Area] for approval of a Neighbourhood Plan which creates three hundred and ninety four [394] residential allotments, including sixteen [16] dual occupancy lots and one [1] medium density lot within the R2 zoned land identified on Figure 5.lb of the DCP. The residual E3 zoned land is set aside for future park land. The Neighbourhood Plan precinct contains the following lots which have access from West Dapto Road: Lot C in DP 397366; Lot 1 in DP 26069; and Lot 5 in DP 26069. The following lots have access from Shone Avenue: Lot 2 in DP 26069; Lot 1 in DP 607456; and Part Lot 1012 in DP 862178. The following lots have access from Oakwood Place & Glenwood Grove Part Lot 102 in DP 1137454; and Part Lot 19 in DP 879647. 9
Figure 1 Neighbourhood Plan Shone Avenue & West Dapto Road, Horsley. 10
SECTION 2 DESCRIPTION OF THE LAND WITHIN THE NEIGHBOURHOOD PRECINCT 2.1 Location. The Neighbourhood Plan occupies land bounded to the north by West Dapto Road, to the west and southwest by Shone Avenue and to the south/southeast and east by the Robins Creek corridor. Figure 2 Location of the West Dapto Road/Shone Avenue Neighbourhood Plan Precinct. 2.2 Existing Land Use. The Shone Avenue West Dapto Road Neighbourhood Precinct contains existing farming land which has been rezoned to provide R2 residential and E3 Environmental Management zoned land refer to Figure 3 Wollongong Development Control Plan 2009 West Dapto Road/Shone Avenue Landuse Zoning Plan on Page 12. 11
Figure 3 Wollongong DCP 2009 Landuse Zoning Plan for the West Dapto Road/Shone Avenue Neighbourhood Plan Precinct. 12
2.3 Landuse adjoining the Neighbourhood Plan Precinct. The land to the north of West Dapto Road contains farming land. The land to the south and southeast of the Neighbourhood Plan Precinct contains part of the Robins Creek riparian corridor beyond which is residential development within the existing suburb of Horsley. The land to the west and southwest of Shone Avenue and to the east of the Neighbourhood Precinct contains farming land. 2.4 Topography. Appendix 2 of Planning for Bushfire Protection 2006 states that slopes should be assessed, over a distance of at least 100m from an asset and that the gradient of the land should be determined which will most significantly influence the fire behaviour to the asset. The topography of the land within the Neighbourhood Precinct ranges from RL 10 metres to RL 20 metres AHD, undulating from the watercourses and Robins Creek to form a level landscape across the existing grazing paddocks. The land to the north of West Dapto Road and to the southwest of Shone Avenue displays a similar landform to the Neighbourhood Precinct and contains predominantly level land broken by the watercourses. The land within the Robins Creek corridor falls across the riparian zone at less than 5 degrees before rising at a similar gradient on the opposite side of the creek Refer to Figure 4 Topographic Map on Page 14. 13
Figure 4 Aerial Topographic Map. 14
2.5 Vegetation. Appendix A2.3 of Planning for Bushfire Protection 2006 provides a methodology for determining the predominant bushfire prone vegetation for at least 140 metres in all directions from the future development on the site. Vegetation is classified using Table A2.1 of Planning for Bushfire Protection 2006, which classifies vegetation types into the following groups: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) Forests [wet & dry sclerophyll forests]; Woodlands; Plantations being pine plantations not native plantations; Forested Wetlands; Tall Heaths; Freshwater Heaths; Short Heaths; Alpine Complex; Semi arid Woodlands; Arid Woodlands; and Rainforests. 2.5.1 Vegetation within the Neighbourhood Plan Precinct. Eco Logical Australia was commissioned to undertake a desktop analysis of ecological constraints present at Shone Avenue/West Dapto, Horsley. The desktop review identified that the majority of the study area is cleared land. The only vegetation occurring within the study area is Exotic/Introduced refer to Figure 5 Plan of Vegetation Communities on Page 16. The cleared land is where native vegetation has been removed for agriculture and is dominated by non-native pasture grasses and/or herbaceous weeds. The patches of exotic/introduced vegetation are plantings associated with farm houses and weed invasion along water courses. The study suggests that no threatened flora or ecological communities are considered likely to occur on the site. The report states: Two first order, two third order and a fourth order stream have been mapped within the study area [refer to Figure 5]. Streams and the terrestrial land (riparian corridor) adjacent to them are considered Waterfront Land under the Water Management Act 2000 (WM Act), which require a vegetated riparian zone (VRZ) measured from the top of the high bank on each side of the watercourse, dependent on the order of the stream (Table 1). Riparian corridor (RC) off-setting for non RC/non-riparian uses (e.g. Asset Protection Zones) are permitted within the outer 50 per cent of the VRZ, so long as offsets are provided in accordance with averaging rules (NOW 2012). 15
The NSW Office of Water (NOW) administers the WM Act and is required to assess the impact of any controlled activity to ensure that no more than minimal harm will be done to waterfront land as a consequence of carrying out a controlled activity. Table 1: Vegetated Riparian Zone requirements under the NSW Water Management Act 2000 Strahler Stream Order 1st 2nd 3rd 4th and higher Vegetated Riparian Zone (Riparian Corridor) width 10 m 20 m 30 m 40 m The Conclusion states: This review has found that the study area to has low ecological values, although it does contain waterfront land and any works in the riparian corridor would require consideration by the NOW and are likely to require the preparation of a Vegetation Management Plan. 16
Figure 5 Plan of Vegetation Communities and Drainage Lines Eco Logical Australia. 17
2.6 Site Photographs. Photograph No. 1 View taken looking to the northwest from West Dapto Road showing landuse to the north of the Shone Avenue West Dapto Road Neighbourhood Plan Precinct. Photograph No. 2 View taken looking to the southwest from West Dapto Road showing landuse within the Shone Avenue West Dapto Road Neighbourhood Plan Precinct. 18
Photograph No. 3 View taken looking to the southwest from West Dapto Road showing landuse within the eastern portion of the Shone Avenue West Dapto Road Neighbourhood Plan Precinct. Photograph No. 4 View taken looking to the north from Shone Avenue showing landuse within the western portion of the Shone Avenue West Dapto Road Neighbourhood Plan Precinct. 19
SECTION 3 BUSHFIRE PRONE LAND MAP The Wollongong City Council has prepared a Bushfire Prone Land Map pursuant to the requirements of Section 146 of the Environmental Planning & Assessment Act 1979. Figure 6 below provides an extract of the Certified Bushfire Prone Land Map for the Shone Avenue West Dapto Neighbourhood Plan Precinct and shows that except for the small area of Category 1 Bushfire Prone Vegetation located in the north-western corner of Lot 1 in DP 607456, the remainder of the site is not mapped as containing bushfire prone vegetation. The site inspection and aerial photographs provided in this report confirms the accuracy of the Bushfire Prone Land Map. However, the Wollongong City Council DCP 2009 establishes the requirements for the rehabilitation of designated riparian corridors with the Neighbourhood Plan Precinct identified by Eco Logical Australia as containing two first order, two third order and a fourth order streams. Table 1 of the Eco Logical Australia desktop assessment lists the Vegetated Riparian Zone widths for each of these stream categories and cautions that the NSW Office of Water [NOW] are likely to require the preparation of a Vegetation Management Plan. The rehabilitation of the riparian corridors will introduce unmanaged vegetation which has the potential to become a bushfire hazard to adjoining residential development. As a consequence, this report examines the Asset Protection Zone setback requirements to the vegetation within the riparian corridors as this remains the only potential source of bushfire prone vegetation within and external to the precinct. 20
Figure 6 Extract from the Wollongong Bushfire Prone Land Map. 21
SECTION 4 BUSHFIRE CONSTRAINTS ASSESSMENT 4.1 Introduction. Chapter D16 - West Dapto Release Area of the Wollongong DCP 2009 states that a Neighbourhood Plan should include a land capability assessment which addresses, amongst other matters, bushfire. Planning for Bushfire Protection 2006 provides the following objectives for the protection of human life [including fire-fighters] and to minimise impacts on property from the threat of bushfire: (i) Afford occupants of any building adequate protection from exposure to a bushfire; (ii) Provide for a defendable space [Asset Protection Zone] to be located around buildings; (iii) Provide appropriate separation between a hazard and the buildings which, in combination with other measures, prevent direct flame contact and material ignition; (iv) Ensure that safe operational access and egress for emergency service personnel and residents is available; (v) Provide for ongoing management and maintenance of bushfire protection measures, including fuels loads in the Asset Protection Zones; and (vi) Ensure that utility services are adequate to meet the needs of firefighters. Section 44 of the Rural Fires Regulation 2013 further expands these objectives into the following matters which must be assessed to determine the adequacy of the bushfire protection measures in the residential subdivision of bushfire prone land: Asset protection zones; Water supplies for fire fighting operations; Access and egress for the purposes of emergency response; Construction standards to be used for building elements; Management and maintenance of bushfire protection measures. These objectives are examined in the following sections of this report. 22
4.2 Determination of Asset Protection Zones. Appendix 2 of Planning for Bushfire Protection 2006 provides the following methodology to determine the Asset Protection Zones required for habitable buildings in residential subdivisions that are designated as bushfire prone: (a) (b) (c) (d) Determine vegetation formations as follows: Identify all vegetation in all directions from the site for a distance of 140 metres; Consult Table A2.1 to determine the predominant vegetation type; and Select the predominant vegetation formation as described in Table A2.1. Determine the effective slope of the land under the predominant vegetation Class. Determine the appropriate fire [weather] area in Table A2.2. Consult Table A2.4 and determine the appropriate setback [Asset Protection Zone] for the assessed land use, vegetation formation and slope range. The Eco Logical Australia desktop assessment of the ecological constraints within the Shone Avenue West Dapto Road Neighbourhood Precinct identifies that the precinct contains two first order, two third order and a fourth order streams. Robins Creek and the creek that flows across the north-western corner of the precinct are identified as third order streams whilst the stream which flows across the eastern portion of the precinct is identified as a fourth order stream. The Eco Logical ecological constraints assessment recommends that a third order stream requires the establishment of a 30 metre wide riparian zone and a fourth order stream a 40 metre wide riparian zone [to both sides of the stream]. On the assumption that the NSW Office of Water (NOW) accept placement of part of the Asset Protection Zone within the outer 50% of the Riparian Zone and that the maximum width of the rehabilitated riparian corridor along Robins Creek and the stream which flows across the north-western corner of the Neighbourhood Precinct is less than 50 metres, the predominant vegetation classification is deemed to be rainforest [i.e. low hazard vegetation irrespective of the vegetation type]. 23
The stream which flows across the eastern portion of the Precinct has been classified as a fourth order watercourse and therefore requires a 40 metre width Riparian Zone to both sides, creating a rehabilitated corridor of more than 80 metres wide. This corridor is likely to be rehabilitated with a forest species and therefore for the purpose of determining the requisite width of Asset Protection Zones to this corridor, the predominant vegetation classification is forest. For residential development located adjacent to the Robins Creek riparian corridor an Asset Protection Zone width of 15 metres is required to achieve a maximum radiant heat loading of less than 29kW/m 2 on the exterior of the future dwellings. A similar setback is required to those dwellings located adjacent to the third order stream which flows across the north-western corner of the Neighbourhood Precinct. For those dwellings located adjacent to the forest vegetation in the fourth order section of the Robins Creek [eastern stream] an Asset Protection Zone of 32 metres is required to achieve a maximum radiant heat loading of less than 29kW/m 2 on the exterior of the future dwellings. 4.3 Water Supplies for Firefighting Operations. Street Hydrants shall comply with the specifications of Australian Standard A.S. 2419.2 and have a flow rate of 10 litres / second. Hydrant locations shall be delineated by blue markers placed on the hydrant side of the centreline of the road pavement. 4.4 Access for Fire Fighting Operations. The design and construction of the public roads within the Shone Avenue West Dapto Road Neighbourhood Plan Precinct shall comply with the specifications of Section 4.1.3(1) of Planning for Bushfire Protection 2006 with the minimum pavement width of 8.0 metres provided to all perimeter roads, kerb to kerb with No Parking on one side with the services [hydrants] located on this side of the road. The minimum width of the internal roads shall be 6.5 metres with no-parking to one side. 4.5 Assessment of Bushfire Attack (Construction Standards to the future dwellings). Construction standards shall be applied to the future buildings erected on lots which are located within 100 metres of the rehabilitated riparian corridors. 24
The nominated width of the Asset Protection Zones as nominated in Section 4.2 have been determined in order that the future dwellings constructed on those lots exposed to a bushfire hazard have a maximum Bushfire Attack Level [BAL] rating of 29 kw/m 2. 4.6 Management and maintenance of bushfire protection measures. The management and maintenance of the internal parks [electrical easements] and the Asset Protection Zones providing the separation between the rehabilitated riparian corridors and the adjacent dwellings shall be undertaken to minimise the fuel loading in these zones. Where the Asset Protection Zone occupies the outer portion of the nominated width of the riparian zone the Vegetation Management Plan shall include the management protocols for the maintenance of the Asset Protection Zone, including the entity responsible for the management of bushfire protection measures. The Asset Protection Zones shall be maintained to the standards of an Inner Protection Area [IPA] as defined by Planning for Bushfire Protection 2006 and the NSW Rural Fire Service s Specifications for Asset Protection Zones. Figure 7 below provides an indicative layout of the Asset Protection Zones to the lots as shown on the Shone Avenue West Dapto Road Neighbourhood Plan. 25
Figure 7 Indicative layout of available Asset Protection Zones to the future lots as proposed by the Neighbourhood Plan. 26
REFERENCES: N.S.W Rural Fire Service Planning for Bushfire Protection 2006; Environmental Planning & Assessment Act 1979; Rural Fires Act 1997; Rural Fires Regulation 2013; NSW Rural Fire Service Guideline for Bushfire Prone Land Mapping 2006; Threatened Species Conservation Act 1995; Native Vegetation Act; Bushfire Environmental Assessment Code 2006; Building Code of Australia; Australian Standard A.S. 3959-2009 Construction of Buildings in Bushfire Prone Areas ; Wollongong Bushfire Prone Land Map. 27