MARSDEN PARK PRECINCT - Planning.nsw.gov.au

Transcription

MARSDEN PARK PRECINCTBiodiversity and Riparian AssessmentPrepared forWinten Property GroupJuly 2012

Marsden Park Precinct Biodiversity and Riparian AssessmentDOCUMENT TRACKINGITEMD E TA I LProject NameMarsden Park Precincts – Biodiversity and Riparian AssessmentProject Number10NEWECO-30File repared byKatherine Lang, Ian Dixon, Michael Ward, Jennifer Fitzgerald, Vivian HamiltonApproved byDavid BonjerStatusFinalVersion Number6Last saved on25 July 2012This report should be cited as ‗Eco Logical Australia 2010. Marsden Park Precinct Planning Study –Biodiversity and Riparian Assessment. Prepared for Winten Property Group.‘DisclaimerThis document may only be used for the purpose for which it was commissioned and in accordance with the contract betweenEco Logical Australia Pty Ltd and DoP. The scope of services was defined in consultation with DoP, by time and budgetaryconstraints imposed by the client, and the availability of reports and other data on the subject area. Changes to availableinformation, legislation and schedules are made on an ongoing basis and readers should obtain up to date information.Eco Logical Australia Pty Ltd accepts no liability or responsibility whatsoever for or in respect of any use of or reliance upon thisreport and its supporting material by any third party. Information provided is not intended to be a substitute for site specificassessment or legal advice in relation to any matter. Unauthorised use of this report in any form is prohibited. ECO LOGICAL AUSTR ALI A PTY LTDii

Marsden Park Precinct Biodiversity and Riparian AssessmentContents1Introduction . 91.1Description of project . 91.2Study Area . 91.3Methodology Overview . 122Statutory Framework . 132.1International . 132.2Commonwealth . 132.3State . 132.4Local . 132.5Literature Review . 133Terrestrial Biodiversity Assessment . 153.1Biodiversity certification . 153.2Methods . 193.3Existing Native Vegetation . 193.4Vegetation Communities & condition . 203.4.1Shale Plains Woodland . 203.4.2Alluvial Woodland . 213.4.3Shale/Gravel Transition Forest . 213.4.4Castlereagh Scribbly Gum Woodland . 213.4.5Castlereagh Swamp Woodland . 213.4.6Cooks River Castlereagh Ironbark Forest . 223.4.7Freshwater Wetlands (from Benson 1992, cited in Tozer 2003) . 223.5Flora . 223.6Fauna . 233.7Ecological constraint assessment . 234Riparian and Aquatic Habitat . 314.1Context . 314.2Methods . 314.3Results . 314.3.1Riparian and aquatic habitat condition . 314.3.2Riparian corridor widths . 364.3.1Top of bank mapping . 374.3.2Threatened Species . 37 ECO LOGICAL AUSTR ALI A PTY LTDiii

Marsden Park Precinct Biodiversity and Riparian Assessment4.3.3Groundwater Dependant Ecosystems . 375Conservation and Management Recommendations for Indicative Layout Plan . 415.1Biodiversity . 415.1.1Zoning of Existing Native Vegetation on Non-Certified land . 415.1.2Development Controls . 425.1.1Rehabilitation and management . 435.2Riparian Areas . 435.2.1Zoning of Riparian areas . 445.2.2Rehabilitation . 445.2.3Ownership. 445.3Relevant Biodiversity Measure . 45References . 48Appendix A: Detailed Statutory Framework . 49Appendix B: Methodology . 55Terrestrial Biodiversity Assessment . 56Ecological Constraints . 58Recovery Potential . 60Conservation Significance . 60Ecological Constraint . 61Aquatic Habitat Assessment . 65Appendix C: Flora and Fauna Lists . 67Appendix E Likelihood Table for Threatened Species . 73 ECO LOGICAL AUSTR ALI A PTY LTDiv

Marsden Park Precinct Biodiversity and Riparian AssessmentList of FiguresFigure 1: Study Area . 11Figure 2: Figure 4 from the Draft Growth Centres Conservation Plan . 17Figure 3 HMV as per Figure 6 of the Growth Centres Conservation Plan . 18Figure 4 Existing Native Vegetation and Additional HCV Vegetation . 25Figure 5 Vegetation communities and condition . 26Figure 6 Threatened Species Records . 27Figure 7 Recovery Potential . 28Figure 8 Local conservation significance . 29Figure 9 Ecological Constraint . 30Figure 10 Watercourse Condition. 32Figure 11 Strahler stream order categories based on existing 1:25,000 topographic map (as outlined intable 4) . 39Figure 12: Stream order following field validation . 40Figure 13: Marsden Park ILP recommendations . 47List of TablesTable 1: Amount of ENV and A HCV in Marsden Park Precinct (includes Shanes Park AirServices site). 20Table 2 Area and condition of native vegetation . 20Table 3 Weeds . 22Table 4 Threatened species likely to occur on the site . 23Table 5: Constraints summary within the study area . 24Table 6 Riparian and aquatic condition . 33Table 7: Vegetated Riparian Zone . 36Table 8 Proposed changes to stream order (as shown in figure 11) . 36 ECO LOGICAL AUSTR ALI A PTY LTDv

Marsden Park Precinct Biodiversity and Riparian AssessmentTable 9 Riparian corridor matrix . 44Table 10 RBM 14 assessment . 45 ECO LOGICAL AUSTR ALI A PTY LTDvi

Marsden Park Precinct Biodiversity and Riparian VAdditional High Conservation Value VegetationCEECCritically Endangered Ecological CommunityCPWCumberland Plain WoodlandCLSCumberland Land SnailDoPIDepartment of Planning and InfrastructureDSEWPCDepartment of Sustainability, Environment, Water, Population and CommunitiesEECEndangered Ecological CommunityELAEco Logical AustraliaENVExisting Native VegetationEPBCEnvironment Protection and Biodiversity Conservation ActILPIndicative Layout PlanNESMatters of National Environmental SignificanceOEHOffice of Environment and HeritageRCRiparian CorridorSEPPState Environmental Planning PolicyTSCThreatened Species Conservation ActVRZVegetated Riparian Zone ECO LOGICAL AUSTR ALI A PTY LTDvii

Executive SummaryEco Logical Australia Pty Ltd (ELA) was engaged by Winten Property Group to undertake an Ecologicaland Riparian Assessment of approximately 1800 ha that forms the Marsden Park Precinct. The aim ofthe ecological constraints assessment is to inform the preparation of the Indicative Layout Plan onterrestrial, aquatic, groundwater ecosystems, and riparian values.Seven vegetation communities were identified within the study area, however four communities wereonly present in Shane‘s Park, an area of the precinct excluded from the field investigations due to thelack of development planned within that area. The three vegetation communities in the remainder of thesite include Shale Plains Woodland (SPW) which is part of the Cumberland Plain WoodlandEndangered Ecological Community, listed under the TSC and EPBC Acts, Alluvial Woodland andShale/Gravel Transition Forest which are both endangered ecological communities listed on Schedule 1of the TSC Act.During the field survey, only one threatened flora species listed under the TSC or EPBC Acts wasrecorded, the juniper-leaved grevillea (Grevillea juniperina subsp. juniperina), however threatened florasearches were not conducted in the Shanes Park AirServices site. Four species of endangered microbats were recorded on the site.Good aquatic habitat was found to occur along parts of South Creek, Little Creek and Bells Creek andwithin a number of small dams, particularly the large dam on an eastern tributary to Little Creek. Theremainder of the watercourses were found to be in a significantly degraded and modified state andprovide little riparian habitat value.From a rezoning perspective, the riparian corridors and Exiting Native Vegetation on non-certified landsare recommended to be zoned for environmental protection. Open space areas, road easements,power easements and stormwater controls should be located in a manner that facilitates retention ofvegetation across the site, as outlined in the Growth Centres Development Code. ECO LOGICAL AUSTR ALI A PTY LTD8

Marsden Park Precinct Biodiversity and Riparian Assessment1Introduction1.1DE S CR I PT IO N O F PR O J E CTEco Logical Australia Pty Ltd (ELA) was engaged by Winten Property Group (Winten) to undertakebiodiversity and riparian corridors assessment of approximately 1 800ha that forms the Marsden ParkPrecinct (the precinct). The aim of this assessment is to identify key ecological and riparian constraints,precinct and provide recommendations with respect to terrestrial and aquatic ecosystem management.Specific objectives of this project are to:Undertake a strategic biodiversity assessment including a flora and fauna study and analysis ofecological values.Achieve innovative management frameworks for ecological and biodiversity issues whichenable long term conservation and management, while facilitating the development outcomesfor the precincts (as identified in the structure plan).Ensure the statutory requirements for the protection, restoration and enhancement ofthreatened species, populations, ecological communities and their habitats are met.Ensure protection of biodiversity values within areas identified by Growth Centres BiodiversityCertification.Ensure that precinct planning is consistent with the terms of any biodiversity certificationgranted to the Growth Centres SEPP.Confirm the presence of Existing native vegetation (ENV) and Additional High ConservationValue Vegetation (AHCVV).This report demonstrates the objectives are achieved through;Methodology that includes a literature review of previous work, terrestrial aquatic andgeomorphic field assessment.Consideration of statutory requirements, including; Growth Centres Commission DevelopmentCode, Threatened Species Conservation Act (TSC Act), Environment Protection andBiodiversity Conservation Act (EPBC Act), TSC Act Growth Centres SEPP BiodiversityCertification, Water Management Act, Fisheries Management Act.1.2ST UDY AR E AThe Marsden Park Precinct lies in the western portion of the North West Growth Centre (See Figure 1).It has been identified as an area suitable for around 10,000 dwellings and is expected to feature a towncentre with 30, 000 square metres of retail space and 50 hectares of public recreation space. Planningfor the precinct is underway and involves the preparation of numerous planning documents, includingan Indicative Layout Plan (ILP), Development Control Plan and an amendment of the Growth CentresSEPP to facilitate the formal rezoning of the site. ECO LOGICAL AUSTR ALI A PTY LTD9

Marsden Park Precinct Biodiversity and Riparian AssessmentThe Marsden Park Precinct sits to the north and west of the Marsden Park Industrial Precinct. TheMarsden Park Precinct‘s north-west boundary forms part of the north-west boundary of the entireNWGC. The Marsden Park Precinct contains a very large area of bushland in the south known as theShane‘s Park Bushland. The north-eastern edge of the Precinct is formed by Richmond Road and thenorth-western edge of the precinct is formed by South Creek, a major waterway extending north from itsheadwaters in the South West Growth Centre. Marsden Park Precinct is located within BlacktownCouncil Local Government Area.South Creek forms part of the western boundary of the precinct, with Little Creek and its tributariesrunning through the precinct from south to north.The precinct contains rural grassland with numerous scattered remnant trees, with some isolatedpockets of intact vegetation within the riparian areas and two smaller areas closer to the eastern side ofthe precinct. Cattle are currently grazed on the property and the surrounding parcels are used for similarlow and high intensity agricultural uses. A substantial area of relatively intact native vegetation exists inthe south of the precinct (Shanes Park). The site is very flat, with only slight grades into the numerouswatercourses.The Sydney Region Growth Centres State Environmental Planning Policy (SEPP) (referred to as the‗Growth Centres SEPP‘) has been ‗biodiversity-certified‘ by order of the Minister for the Environmentunder s.126G of the TSC Act. The mechanism for achieving this is outlined in the (Draft) GrowthCentres Conservation Plan (Eco Logical Australia, 2007) and the conditions for biodiversity-certification1are documented in the Ministers order for consent .Biodiversity certification negates the requirement for impact assessment on threatened species underS.5A of the NSW Environmental Planning and Assessment Act, 1979 thus turning off the requirementsfor seven part tests or species impact statements on all certified land. The Marsden Park Precinctcontains large areas of both certified and non-certified lands, with the non-certified lands predominantlyalong the floodplains of South Creek and its tributaries (see Figure ture/biocertordwsgcentres.pdf ECO LOGICAL AUSTR ALI A PTY LTD10

Figure 1: Study Area ECO LOGICAL AUSTR ALI A PTY LTD11

1.3M ET HO DO LO G Y O V E RV I EWAn overview of the methodology is provided below, full details can be found in Appendix B;Review of existing information and historical aerial photographyDatabase search for threatened species, populations and ecological communities under theTSC Act and Matters of National Environmental Significance (NES) under the EPBC ActAssessment of State and Federal statutory requirementsField validation of existing native vegetation, threatened species and aquatic/riverine habitatcondition mapping and assessmentsAnalysis and identification of ecological constraintsRecommendations for the development of the Indicative Layout Plan ECO LOGICAL AUSTR ALI A PTY LTD12

Marsden Park Precinct Biodiversity and Riparian Assessment2Statutory FrameworkA substantial array of legislation, policies and guidelines apply to the assessment, planning andmanagement of biodiversity values within the Marsden Park Precinct. This information was reviewedand will be used to identify priority constraints and opportunities within the study area (Refer toAppendix A). Legislation and policies reviewed include:2.1INT E RN AT I O N ALJapan – Australia Migratory Bird Agreement (JAMBA)China – Australia Migratory Bird Agreement (CAMBA)Republic of Korea – Australia Migratory Bird Agreement (ROKAMBA)2.2CO M M O NW E ALT HEnvironment Protection & Biodiversity Conservation Act 1999 (EPBC Act)2.3ST AT EEnvironmental Planning and Assessment Act 1979 (EP&A Act)Threatened Species Conservation Act 1995 (TSC Act)Threatened Species Conservation Amendment (Special Provisions) Act 2008National Parks and Wildlife Act 1974Fisheries Management Act 1994 (FM Act)Noxious Weeds Act 1993Protection of the Environment Operations Act 1997State Environmental Planning Policy (Sydney Region Growth Centres) 2006State Environmental Planning Policy No.19 – Bushland In Urban AreasGrowth Centres Development Code 2006Draft Growth Centres Conservation Plan 2007Water Management Act 20002.4LO C ALBlacktown Local Environment Plan 19882.5LIT ER AT UR E R E VI EWA desktop literature review was undertaken by ELA to determine the location and extent of previoussurveys, identify the constraints within the study area and evaluate the presence of any threatenedspecies, populations and ecological communities listed under the TSC Act and the CommonwealthEPBC Act that could potentially occur within the study area. To this end, the following documentationand mapping was reviewed:Topographic maps, digital elevation models and aerial photography of the study areaA search of the NSW OEH Wildlife Atlas databaseEPBC online Protected Matters Database Search ECO LOGICAL AUSTR ALI A PTY LTD13

Marsden Park Precinct Biodiversity and Riparian Assessment‗Draft Growth Centres Conservation Plan‘ prepared by Eco Logical Australia (2007) for NSWGrowth Centres CommissionWestern Sydney Vegetation Mapping (NPWS 2002a)Western Sydney Condition and Conservation Significance Mapping (NPWS 2002b)Preliminary results from Draft Part 3A project: Water related Services for the North West andSouth West Growth Centres - Cumberland Ecology (2010) ECO LOGICAL AUSTR ALI A PTY LTD14

Marsden Park Precinct Biodiversity and Riparian Assessment3Terrestrial Biodiversity Assessment3.1BIO DI V E RS IT Y C E RT IFI C AT I O NThe Sydney Region Growth Centres State Environmental Planning Policy (SEPP) (referred to as the‗Growth Centres SEPP‘) has been ‗biodiversity-certified‘ by order of the Minister for the Environmentunder s.126G of the TSC Act. The mechanism for achieving this is outlined in the Draft Growth CentresConservation Plan (Eco Logical Australia, 2007) and the Relevant Biodiversity Measures (RBM) for2biodiversity-certification are documented in the Ministers order for consent . The effect of thebiodiversity-certification is that development or activities proposed to be undertaken within the certifiedareas do not need to undertake assessment of impacts to threatened species, populations orendangered ecological communities, or their habitats, that would normally be required by Part 4 or 5 ofthe Environmental Planning and Assessment Act.The Draft Growth Centres Conservation Plan assessed native vegetation across the entire GrowthCentres area and identified areas of Existing Native Vegetation (ENV) as shown in Figure 2 and Figure3. By definition (under Schedule 1 of the Biodiversity Certification Order) ENV means areas ofindigenous trees (including mature and sapling) that:a)had 10 % or greater over-storey canopy cover presentb)were equal to or greater than 0.5 ha in area, andc)were identified as ―vegetation‖ on maps 4 and 5 of the draft Growth Centres ConservationPlan, at the time the biodiversity certification order took effect, subject to RBM 13.A primary function of this report is to validate the Existing Native Vegetation in Marsden park so that theIndicative Layout Plan and subsequent zoning of the precinct can be assessed against the RelevantBiodiversity Measures of the Certification Order. Validation processes are described in the methodssection, however it is important to note that validation of Existing Native Vegetation in the Shanes ParkAirServices site was undertaken by desktop methods only as no development is planned within thisarea. The field validation of vegetation across the site updated the extent of ENV within the precinct.During the field validation, areas of vegetation meeting only a) and b) of the definition of ENV were alsorecorded as Additional High Conservation Value (A HCV) vegetation.Under the Draft Conservation Plan (January 2007), the vegetation within Marsden Park precinct hasbeen identified as both ‗Higher Long Term Management Viability‘ and ‗Lower Long Term ManagementViability (LMV)‘. The HMV is contained within the Air Services site (Figure 3) in the southern part of theprecinct. The GC Conservation Plan specifically states that the conservation value of the Air Servicessite, which contains large areas of HMV and smaller areas of LMV is understated in the conservationplan. The conservation plan also notes that the value of the Air Services site is not confined to the HMVvegetation but relates to the size of the property, its resilience and regeneration capacity, its s/nature/biocertordwsgcentres.pdf ECO LOGICAL AUSTR ALI A PTY LTD15

Marsden Park Precinct Biodiversity and Riparian Assessmentintegrity and overall condition and its proximity to other key areas such as the former ADI site.Protection of this site in its entirety is an essential component of delivering an Improve or Maintainoutcome. ECO LOGICAL AUSTR ALI A PTY LTD16

Box Hill Precinct Biodiversity As sessmentFigure 2: Figure 4 from the Draft Growth Centres Conservation Plan ECO LOGICAL AUSTR ALI A PTY LTD17

Marsden Park Precinct Biodiversity and Riparian AssessmentFigure 3 HMV as per Figure 6 of the Growth Centres Conservation Plan ECO LOGICAL AUSTR ALI A PTY LTD18

Marsden Park Precinct Biodiversity and Riparian Assessment3.2M ET HO DSA floristic survey of the precinct was undertaken to confirm the vegetation communities present. Thissurvey included classification of native vegetation communities in accordance with the OEH profiles.Some properties within the precinct were unable to be accessed due to landowner restrictions. Whereaccess was not available, a combination of aerial photograph interpretation and NPWS 2002 WesternSydney Vegetation Mapping was used to map the extent of remnants and determine the communitypresent. ENV and A HCV vegetation were recorded across the study area.Threatened species likely or potentially on site were identified prior to field work (Appendix E). Searchesfor threatened flora were undertaken using random meanders in areas of potential habitat. Habitatassociations for threatened fauna were recorded and incidental flora and fauna records were recordedacross the site. The desktop and field searches for threatened species did not however include theAirServices site (Shanes Park) as this part of the precinct is not developable.Detailed methodology can be found in Appendix B.3.3E XI ST I NG N AT I V E V E G E T AT IO NThe original area of ENV (480.46 ha) mapped in the Draft Conservation Plan consisted of sevenvegetation communities including Shale Gravel Transition Forest, Shale Plains Woodland, CastlereaghScribbly Gum Woodland, Castlereagh Swamp Woodland, Cooks River Castlereagh Ironbark Forest,Freshwater Wetlands and Alluvial Woodland, as mapped by NSW National Parks and Wildlife Service(NPWS) Cumberland Plain Vegetation Mapping Project (2002).Field validation of the ENV has identified that there is 458.96 ha of ENV present in the precinct. Thediscrepancy between the Draft Conservation Plan ENV and the field validated ENV is likely to haveoccurred due to:1. Clearing for approved development and agriculture since the mapping was undertaken;2. Changes in vegetation condition due to regrowth, clearing or disturbance since themapping was undertaken; and3. Changes in vegetation co

Shane's Park Bushland. The north-eastern edge of the Precinct is formed by Richmond Road and the north-western edge of the precinct is formed by South Creek, a major waterway extending north from its headwaters in the South West Growth Centre. Marsden Park Precinct is located within Blacktown Council Local Government Area.