On 14 August some good Hornsby Council decisions were made.

Local residents of the Byles Creek Valley and nearby have been fighting developments along the edges of the valley for many years. They have been calling for parts of the valley, especially near the creek to be protected through changes in zoning from RE1 zoning to E3 to limit the potential for further clearing of trees. They are also asking for an existing informal walking track to upgraded in recognition of its social value from long-term use of the valley for recreation.

The motion passed by council implies that the upgrade will be given priority and that funds could be provided from a reserve that has been set aside from the sale of a church in Cheltenham.

The motion also stated that a councillor workshop be held to review the planning controls to protect environmental qualities of residential properties adjoining open space lands within the Byles Creek catchment.

So there is some hope for improved recognition of this beautiful valley and pristine waterway on the edge of Lane Cove National Park.

Native vegetation mapping

The vegetation mapping that is used to define where clearing must have council approval was reviewed as part of updating the Local Environment Plan. Council approved option 2 that will allow for the protection of all of the significant vegetation as mapped within the shire. This is wonderful news for our tree canopy and our precious forests.

An article in the last issue of STEP Matters explained the bad news that the rezoning of the IBM site was on the list of projects being ‘fast tracked’ by the NSW government. The approval applies to the rezoning required from that of a business park to enable Mirvac to proceed with the construction of 600 apartments.

We did explain that there are some modifications that appeared to address some of the concerns held by local community groups. However, it has since been discovered that there are conditions that may put these improvements in doubt.

The NSW government and Mirvac promised the community that the critically endangered forest on the Mirvac site would be incorporated into the Cumberland State Forest. Residents have found out that Mirvac intends to dedicate the forest to the Minister for Planning only just prior to the issue of the occupation certificate for the final stage of the proposed development. It will be at least five years before this stage will be reached. It seems some hard-nosed bargaining took place.

According to the documents there will be no funding provided by Mirvac for the upkeep of the forest. With no commitment how can it be looked after while it is right next to a construction site?

Mirvac has set up a promotional website that states that:

Mirvac understands the important role the remnant Blue Gum High Forest and Sydney Turpentine Ironbark Forest has in providing valuable habitat for local native flora and fauna and we are committed to its protection. Approximately 9 hectares will be committed to the State Government to become an extension to the Cumberland State Forest.

The original plans that were knocked back by Hills Council included a voluntary planning agreement. Mirvac was going to fund the construction of some public recreation space, but that has disappeared from the planning documents. It is estimated that a whopping $46 million worth of local infrastructure has been given up by the NSW government in their haste to push through this development that has been condemned by the local community. Council will have to find the funds to provide the infrastructure needs for an estimated additional 1,200 residents.

The local community groups, Forest in Danger and West Pennant Hills Valley Progress Association will be keeping a close eye on the next stage of approvals that will need to be assessed by council.

The EPBC Act that has been in force since 1999 is required to be reviewed every 10 years. The second review chaired by Prof Gordon Samuel, is currently underway. The interim report that considered close to 30,000 submissions was released in July. The Review is continuing to consult with stakeholders and the final review is due at the end of October.

At the outset, the report recognises the serious environmental crisis we are facing and the deterioration of our natural capital. It recognises that the current Act is failing to address the causes of this decline. The report calls for national leadership and stronger laws that effectively address our greatest environmental challenges.

While the report was being prepared, the auditor general released a report finding 80% of approvals under the EPBC Act and regulations were non-compliant or contained errors.

Federal Labor analysed those findings and concluded that since the coalition came to power, there had been a 510% blowout in the number of environmental approvals delayed beyond time frames indicated in the laws.

The delays came as the government cut funding to the environment department, which Labor said was now 40% lower than it was before the coalition came to power.

Main findings of interim report

The report calls for:

• More streamlined regulation and a reduction in duplication by creating bilateral agreements between the Commonwealth and states via national environmental standards whereby most of the assessment and approvals will be carried out by the states.
• The development of national environmental standards that will be essential in enabling this proposed devolution of the Commonwealth's functions. These standards must be legally enforceable that 'set clear rules for decision-making' by the states. They should be outcomes focused and measurable, but with some for flexibility.

Government response

The main response by the government to the review is at odds with the fundamental issues highlighted in the interim report.

In the government’s view the main metric of the success of the review is how quickly approvals can be signed off. The Environment Minister Sussan Ley agreed in principle with most of the recommendations but then has proposed introducing legislation to implement some of them in August before the final report is completed – due in October. This could seriously compromise the effective implementation of the reforms

The report suggests that the development of a robust suite of environmental standards will drive the improved outcomes. On the other hand, the government is intending to pass legislation as soon as possible in parliament to facilitate new bilateral assessment and approval agreements. In the absence of confirmed standards, a set of ‘interim standards’ will be used to fast track the devolving of powers to states and territories. By definition the interim standards will have to be vague such as preventing unacceptable impacts on matters of national environmental significance. How can ‘unacceptable’ be defined without a thorough framework of standards?

There is the risk that, once the interim process is in place, the implementation of the more rigorous process will be resisted. How can the accreditation be secure when currently there are states like NSW with laws that cannot even protect koalas and has land clearing laws that facilitate habitat loss? However, once the final standards are in place, if these are mandatory and measurable, they could play a key role in lifting state standards and ensuring environmental outcomes are actually achieved.

Minister does not support independent regulator

Despite the report pointing out the fundamental flaw of the current EPBC Act being that the Environment Department has utterly failed in its implementation, the minister has stated that the government will not implement the recommendation for an independent regulator. She has stated that proponents should still expect a significant increase in compliance and enforcement activity by her department under the EPBC Act.

Other recommendations

Introduce limited merits review – the report clearly rejected the notion of ‘green lawfare’ acting as an obstacle to development while the government is determined to maintain its position that reform is needed.

Consider biodiversity offsets as a last resort – offsetting should be considered only when proponents have exhausted all reasonable options to avoid or mitigate impacts, and that offsets should deliver genuine restoration.

Modify water trigger – Prof Samuel proposes modifying the 'water trigger', which requires the referral and approval of coal seam gas and large coal mining projects that are likely to have significant impacts on water resources.

Promote use of Indigenous knowledge – the interim report concludes that the EPBC Act is not fulfilling its objectives as they relate to the role of Indigenous Australians in protecting and conserving biodiversity and heritage and promoting the respectful use of their knowledge.

The NSW Government Architect has released a draft Greener Places Design Guide that is open for comment until 28 August. It is aimed at providing guidance for the state and local government, developers and the land managers.

The disclaimer is significant. It says:

Implementing the Greener Places Design Guide framework will require new governance arrangements, collaborations, and the identification of roles and responsibilities.

This guide attempts to set out such a framework but it should be noted that all roles and responsibilities, suggestions for ‘interagency’ bodies, and the commitment of resources by State or local government are yet to be agreed and are included for discussion only.

The guide covers three areas:

• open space for recreation
• urban tree canopy
• bushland and waterways

Open space for recreation

Most of the guide is devoted to guidelines for the provision of open space for recreation and sporting fields. It provides details on desirable land areas, accessibility and types of spaces relative to local population size and type of housing. Issues like anticipating additional green space needs when infill development is planned are covered in detail. It emphasises the importance of green space in enhancing the quality of local neighbourhoods.

Of particular interest to STEP are statements like:

Parks should consider adjacent land uses and be adequately buffered from incompatible uses. Solutions may include vegetation corridors, planted mounds, and fencing.

We would add appropriate flood lighting and use of synthetic turf in suburban playing fields.

One concern is the emphasis that is placed on the use of natural areas for bike and walking tracks when planning greenfield development sites.

They offer opportunities for active transport connections and integrated open space planning that support water-sensitive urban design and local habitat conservation, as well as promoting walkable environments for the health and wellbeing of its inhabitants.

Urban tree canopy

A common method for determining the amount of urban tree canopy is to measure the area of canopy as a percentage of total land area. The measures of tree canopy cover rely on aerial surveys. Ground surveys are needed to confirm the adequacy of vegetation cover.

The guide lists the many health, economic (property values) and environmental benefits of urban tree canopy. However, there is no definition of a tree. In local streets many species that are capable of growing to a size large enough to provide shade have been pruned savagely to provide space for powerlines.

The guide outlines indicative targets to improve tree canopy cover in Greater Sydney and regional urban areas including areas of major infrastructure such as transport. This has been the subject of detailed scientific research. Many cities have already adopted new canopy targets. For example, Melbourne aims to increase from 22% (2017) to 40% by 2040 and London from 20% (2008) to 30% by 2050. The indicative targets in the guide are to increase the canopy over Greater Sydney by 2056 to the following levels.

• CBD >15%
• medium to high density residential >25%
• low density residential >40%

The implementation of these targets will require major changes to state and local government planning policies and public recruitment to help look after the trees. We need to overcome the trend to remove all the trees and substantial shrubs when a house is demolished and replaced by a larger dwelling. Usually the well-established garden is replaced with neat hedges, lawn and paving. The bird habitat and connectivity is vanishing.

Bushland and waterways

The section on bushland and waterways defines strategies for improving the quality and quantity of natural habitat in urban areas. There are lists of desirable planning actions that will conserve, restore and create ecosystems as urban areas are planned, constructed and maintained. It is stated that the approach adopted recognises the important role of integrating nature into urban areas and the lives of people, not just protecting selected sites and landscapes. Examples are:

• establish threshold levels for ecological communities beyond which no further development can be considered
• review planning policies that conflict with the provision of urban habitat and corridors, and devise triggers to switch off incompatible policies, or incorporate provisions to avoid incompatible outcomes in core, transition, and corridor areas in consultation with local government
• incorporate consideration of threatened species, endangered ecological communities, locally rare species, core bushland, and strategic linkages to maximise biodiversity conservation

The key recommendation for councils to prepare a strategic urban biodiversity framework is very good but the practicality of applying priority to urban bushland improvement at the same time as meeting the demands for development to meet population growth expectations is challenging.

We are concerned about the emphasis placed in the design guide on the use of bushland for creating linkages. This reflects the unresolved conflict between the demand to use bushland for recreation and the needs of conservation.

Nevertheless the draft design guide sets out a thorough set of principles and actions to ensure that our bushland and native habitats are preserved and improved. Unfortunately, it is not clear that government policies and funding will allow the objectives to be met.