BULLI SEAM OPERATIONS ATTACHMENT 5 RELEVANT LOCAL GOVERNMENT PLANNING INSTRUMENTS Bulli Seam Operations – Environmental Assessment

A5 RELEVANT LOCAL (h) to ensure that development does not compromise the protection and maintenance GOVERNMENT PLANNING of water quality within water supply INSTRUMENTS catchment areas, and

The Bulli Seam Operations (the Project) Application (i) to ensure that development reflects the integrated resource management principles area falls within three Local Government Areas of total catchment management, and (LGAs) (i.e. Wollondilly, Campbelltown and … Wollongong). The majority of the Project Application area is located in the Wollondilly LGA (o) to protect areas of identified ecological significance, (Figures 1 to 4). In the north a small portion of the Project Application area is within the Campbelltown … LGA. The eastern edge and south-eastern corner of the Project Application area is within the The Project is consistent with these objectives of the Wollongong LGA. Wollondilly LEP, in that it would be developed in a manner that would minimise potential impacts on Part 4 of the Environmental Planning and heritage, water quality, catchments and the Assessment Act, 1979 (EP&A Act) does not apply to environment (Section 5). a project approved under Part 3A of the EP&A Act. Notwithstanding, certain clauses of the Wollondilly, A5.1.2 Permissibility Campbelltown and Wollongong Local Environmental

Plans (LEPs) that would ordinarily be applicable, but Pursuant to clause 8O(1) of the Environmental for the Project being assessed under Part 3A, may Planning and Assessment Regulation, 2000 (EP&A be taken into account by the Minister in deciding Regulation), a project to which Part 3A of the whether or not to approve the carrying out of the EP&A Act applies (other than a critical infrastructure Project. Therefore, relevant clauses of these LEPs project) may not be given project approval if that are discussed below. project, or any part of that project, is not the subject

of an authorisation or requirement under section References to Sections 1 to 7 in this Attachment are 75M of the EP&A Act to apply for approval of a references to the Sections of the Main Report of the concept plan and would be prohibited by an Environmental Assessment (EA). Internal Environmental Planning Instrument (EPI) if Part 3A references within this Attachment are prefixed with of the EP&A Act did not apply. “A5”.

Clause 10 of the Wollondilly LEP sets out the zone A5.1 WOLLONDILLY LEP objectives and the development control table that is relevant in determining whether the Project, or any part of the Project, is prohibited by the Wollondilly A5.1.1 Objectives of the Wollondilly LEP LEP in any of the zones within the Project land. Clause 2 of the Wollondilly LEP outlines the aim to Further, clause 10(3) provides: provide a framework for landuse management in the LGA to achieve certain objectives. Those objectives Except as otherwise provided by this plan, the council shall not grant consent to the carrying out relevant to the Project are: of development on land to which this plan applies unless the council is of the opinion that the … carrying out of the development is consistent with (d) to conserve the environmental heritage of the objectives of the zone within which the the Shire of Wollondilly, and development is proposed to be carried out.

(e) to integrate heritage conservation into the The Project land is largely situated within the planning and development control Wollondilly LGA. processes, and

(f) to provide for public involvement in the The Project Application area (Attachment 2) matters relating to the conservation of the includes land in the Wollondilly LGA zoned: Shire of Wollondilly’s environmental heritage, and • 1 (a1) (Rural “A1”); (g) to ensure that new development is undertaken in a manner that is sympathetic • 1 (a2) (Rural “A2”); to and does not detract from the significance • 1 (a3) (Rural “A3”); of heritage items and their settings…, and • 1 (b) (Agricultural Landscape);

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Bulli Seam Operations – Environmental Assessment

• 1 (c1) (i) (Rural “C1 [i]” [Small Holdings]); • 6 (a) (Open Space “A” [Recreation]); • 2 (a) (Residential “A”); • 7 (b) (Environmental Protection “B” [Soil • 3 (a) (Business Zone); Conservation]); • 4 (a) (Industrial); • 9 (b) (Arterial Road Reservation); and • 5 (a) (Special Uses “A”); • 9 (e) (Regional Open Space Reservation). • 5 (b) (Special Uses “B” [Railway]); Given that part of the Project is prohibited under the • 5 (c1) (Special Uses “C1” [Water Catchment]); Wollondilly LEP, in order to ensure that clause 8O of • 5 (c2) (Special Uses “C2” [Water Catchment]); the EP&A Regulation will not operate to preclude the Minister for Planning (the Minister) from granting • 6 (a) (Open Space “A” [Recreation]); Project Approval, it is necessary to consider whether • 7 (b) (Environmental Protection “B” [Soil another EPI can operate to override the prohibition Conservation]); under the Wollondilly LEP and provide for the • 7 (c) (Environmental Protection “C” [Rural permissibility of the Project in those zones under the Living]); Wollondilly LEP where part of the Project is • 9 (b) (Arterial Road Reservation); and prohibited.

• 9 (e) (Regional Open Space Reservation). The State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) While these zonings are included in the Project 2007 (the Mining SEPP) commenced operation on Application area, a number of these zonings occur 16 February 2007. within previous West Cliff Colliery and Appin Mine development areas and are not directly relevant to Clause 4 of the Mining SEPP states: the future Project development activities. 4. This Policy applies to the State. The locations of the zones described above are shown on Figures 1 to 4. Clause 5(3) gives the Mining SEPP primacy where there is an inconsistency between its provisions and If Part 3A of the EP&A Act did not apply to the the provisions in any other EPI. Clause 5(3) Project, the Project would be permissible with relevantly provides: consent in the following zones: 5(3) … if this Policy is inconsistent with any other environmental planning instrument, whether • 1 (a1) (Rural “A1”); made before or after this Policy, this Policy • 1 (a2) (Rural “A2”); prevails to the extent of the inconsistency.

• 1 (a3) (Rural “A3”); The practical effect of clause 5(3), for the Project, is • 1 (b) (Agricultural Landscape); that if there is any inconsistency between the provisions of the SEPP and those contained in the • 1 (c1) (i) (Rural “C1 [i]” [Small Holdings]); Wollondilly LEP, the provisions of the Mining SEPP • 5 (c1) (Special Uses “C1” [Water Catchment]); will prevail. • 5 (c2) (Special Uses “C2” [Water Catchment]); The aims of the Mining SEPP are set out in clause 2 and as follows: • 7 (c) (Environmental Protection “C” [Rural Living]). 2. The aims of this Policy are, in recognition of the importance to New South Wales of However, if Part 3A of the EP&A Act did not apply to mining, petroleum production and extractive the Project, the Project would not be permissible in industries: the following zones, which are primarily associated (a) to provide for the proper management with linear infrastructure and villages in the Project and development of mineral, area: petroleum and extractive material resources for the purpose of promoting

the social and economic welfare of the • 2 (a) (Residential “A”); State, and • 5 (a) (Special Uses “A”); (b) to facilitate the orderly and economic use and development of land • 3 (a) (Business Zone); containing mineral, petroleum and • 4 (a) (Industrial); extractive material resources, and • 5 (b) (Special Uses “B” [Railway]);

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(c) to establish appropriate planning The following provides the zone objectives of the controls to encourage ecologically Wollondilly LEP lands relevant to the Project: sustainable development through the environmental assessment, and 4 (c) Extractive Industrial Zone sustainable management, of

development of mineral, petroleum (a) to manage the extractive and landfill and extractive material resources. resources of the City of Wollongong in a co-ordinated manner to meet Clauses 6 and 7 of the Mining SEPP provide what community needs while ensuring that types of mining development are permissible without adverse impact on the environment consent and what types are permissible with and the community are minimal, and development consent. In this regard, cl 7(1) (b) to ensure that development proposals relevantly states: for land containing extractive resources are assessed in relation to 7(1) Mining the potential problem of rendering those resources unavailable. Development for any of the following

purposes may be carried out only with 1 (a1) Rural “A1” Zone development consent:

(a) underground mining carried out on (a) to protect the agricultural potential of any land, rural land and to prevent fragmentation … of viable rural holdings, and

(b) to prevent inappropriate, premature The effect of clause 7(1)(a), in conjunction with the and sporadic subdivisions and to operation of clause 5(3) of the Mining SEPP, is that ensure consolidation of urban areas so notwithstanding any prohibition contained in the as to enhance the prospect of landuse table of the Wollondilly LEP, development economic provision of services, and for the purpose of underground mining may be (c) to prevent, on the fringe of urban carried out with development consent. areas, subdivision of land into small lots which would prejudice the proper Accordingly, clause 8O(1) of the EP&A Regulation layout of additional urban areas as a has no effect and therefore the Minister is not result of natural growth, and precluded from granting approval under section 75J (d) to retain the scenic quality and overall for the Project in respect of those parts of the character of the land, and Project land where mining is prohibited under the (e) to encourage agricultural activities that Wollondilly LEP. are within the rural capability of the land. A5.1.3 Zone Objectives 1 (a2) Rural “A2” Zone

Clause 10(3) of the Wollondilly LEP provides that (a) to protect the agricultural potential of consent shall not be granted to the carrying out of rural land and to prevent development on land to which the Wollondilly LEP fragmentation of viable rural holdings, applies, unless Council is of the opinion that the and carrying out of the development is consistent with (b) to prevent inappropriate, premature the objectives of the zone within which the and sporadic subdivisions and to development is proposed to be carried out. ensure consolidation of urban areas so as to enhance the prospect of Whilst the Minister would not be precluded from economic provision of services, and granting approval on this basis, the Minister may (c) to prevent, on the fringe of urban still, pursuant to section 75J(3), take into account areas, the subdivision of land into the zone objectives. small lots which would prejudice the proper layout of additional urban areas as a result of natural growth, and (d) to retain the scenic quality and overall character of the land, (e) to encourage agricultural activities that are within the rural capability of the land.

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1 (a3) Rural “A3” Zone (d) to ensure that small holding zones are not sited in localities that have been (a) to protect the agricultural potential of identified for future residential rural land and to prevent fragmentation expansion. of viable rural holdings, and (b) to prevent inappropriate, premature 2 (a) Residential “A” Zone and sporadic subdivisions and to ensure consolidation of urban areas so The objectives of this zone are to provide an as to enhance the prospect of environment primarily for detached housing and to economic provision of services, and ensure that the range of other development permitted in a residential area is compatible with (c) to prevent, on the fringe of urban the residential environment. areas, the subdivision of land into small lots which would prejudice the 3 (a) Business Zone proper layout of additional urban areas as a result of natural growth, and (a) to focus and consolidate retail and (d) to retain the scenic quality and overall business development in accessible character of the land, locations, and (e) to encourage agricultural activities that (b) to promote the amenity and efficiency are within the rural capability of the of business commercial centres, and land. (c) to ensure that there is adequate provision for car parking facilities in the 1 (b) Agricultural Landscape Zone vicinity of commercial centres.

(a) to encourage the preservation of the 4 (a) Industrial Zone rural landscape character by ensuring

that development is compatible with The objective of this zone is to identify land to be that character, and set aside in strategic locations for business (b) to allow for the continuation of existing establishments and employment opportunities in agricultural practices, and industry other than industries of an offensive or hazardous nature. (c) to provide for community titles subdivision subject to appropriate controls, and 5 (a) Special Uses “A” Zone

(d) to maintain existing significant stands The objective of this zone is to identify and set of indigenous vegetation, and aside land required to provide those uses, usually (e) to protect the water quality of receiving of a public nature, necessary to provide essential streams and to reduce the incidence of services to a community. land degradation, and 5 (b) Special Uses “B” (Railway) Zone (f) to minimise the visual impact of development on the rural landscape. The objective of this zone is to set aside certain land for railway purposes including any purpose 1 (c1) (i) Rural “C1 (i)” (Small Holdings) Zone authorised under the Transport Administration Act 1988. (a) to accommodate demands for rural residential use, and confine this form 5 (c1) Special Uses “C1” (Water Catchment) of development generally to land not Zone being of prime crop and pasture potential or to places where services The objective of this zone is to protect land which are available or to which services may is designated as being part of a water catchment be reasonably extended, and area from land uses which adversely affect, or are likely to adversely affect, the environmental quality (b) to ensure development is carried out in of these areas. a manner that minimises risks from natural hazards, particularly bushfires, flooding and soil erosion, and does not 5 (c2) Special Uses “C2” (Water Catchment) detract from the scenic quality of the Zone rural area, and The objective of this zone is to protect land which (c) to provide for such community uses as is designated as being part of a water catchment are necessary to meet community area from land uses which adversely affect, or are needs in this zone, and likely to adversely affect, the environmental quality of these areas.

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6 (a) Open Space “A” (Recreation) Zone The Project is considered to be generally consistent with the above zone objectives, because, as The objectives of this zone are to recognise and described in Section 5, management and mitigation ensure that publicly owned land is developed for measures would be implemented where practicable, open space recreation, to encourage the development of open space which best satisfies to minimise the potential impacts of the Project on community needs and to permit development other landuses, and the environment. associated with or complementary to open space.

A5.1.4 Special Provisions 7 (b) Environmental Protection “B” (Soil Conservation) Zone Part 3 of the Wollondilly LEP provides a number of The objective of this zone is to identify and protect miscellaneous provisions of potential relevance to various areas which are environmentally sensitive the Project, including the following: and which enhance visual amenity and to ensure the protection of soil which has been identified as 18B Assessment of development in Zone No 9 being highly erodible. (e)

7 (c) Environmental Protection “C” (Rural (1) The council shall not consent to the carrying Living) Zone out of development on land within Zone No 9 (e) unless in addition to those matters listed The objectives of this zone are: in section 90 of the Act, it has made an assessment of: (a) to provide for rural living opportunities, and (a) the extent to which the land will be (b) to encourage the preservation of the rural disturbed or modified by works and landscape character by ensuring that vehicular access associated with the development is compatible with that development, character, and (b) the extent to which the land has been (c) to ensure that land degradation does not previously disturbed or modified with occur and that the water quality of receiving particular regard to: streams is protected, and (i) weed infestation, (d) to maintain existing significant stands of (ii) drainage, indigenous vegetation. (iii) clearing, and

Zone No 9 (b) Arterial Road Reservation Zone (iv) construction, (c) the adequacy of measures to The objective of this zone is to identify and protect safeguard and rehabilitate the land intended to be acquired for new arterial roads environment, or the widening of existing arterial roads. (d) whether consideration has been given Zone No 9 (e) Regional Open Space to an alternative site for the Reservation Zone development, (e) whether consideration has been given The objectives of this zone are: to an alternative method of carrying out the development, (a) to ensure that land required for future regional open space is clearly identified and (f) whether adequate measures have reserved, been or will be taken with respect to the proper disposal of sewage, and (b) to provide for the acquisition of reserved land, (g) land capability and soil erosion hazard. (c) to permit limited development of reserved land where acquisition is not immediately As described above, the Project includes the required, and carrying out of longwall mining on small parcels of (d) to ensure that any development of reserved land zoned 9(e) in the Wollondilly LEP. No specific land does not reduce its significance as surface infrastructure is proposed in the areas regional open space. zoned 9(e) (Regional Open Space).

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The potential impacts of the Project are limited by As discussed in Section 5.15, traffic movements on the underground nature of the mining operation. the local and regional road network would be The Project would be developed with the increased by the Project, including increased traffic implementation of management and mitigation turning onto and off arterial roads to access the measures to minimise the need for vegetation Appin East and West Cliff pit top sites. In clearance and any opportunity for weed infestation, accordance with the Director-General’s manage the potential for erosion or water pollution Environmental Assessment Requirements (EARs), and/or alteration of land capability (Section 5). No the Road Transport Assessment (Appendix K of the significant effects are expected in this regard. EA) has considered the potential impacts of the increased traffic generation associated with the Accordingly the Minister can be satisfied as to these Project and concluded that no particular safety and matters. traffic efficiency issues are raised by the Project with the implementation of the Project traffic 29 Development along arterial roads management measures (Section 5.15.3).

(1) The council shall not consent to an Accordingly the Minister can be satisfied as to these application for consent to carry out matters. development on land which has frontage to an arterial road unless: 30 Heritage items (a) access to that land is provided by a road other than the arterial road, (1) A person must not, in respect of a heritage wherever practicable, and item: (b) in the opinion of the council, the safety (a) demolish or alter the building or work, and efficiency of the arterial road will or not be adversely affected by: (b) damage or move the relic, or (i) the design of the access to the proposed development, (c) excavate for the purpose of exposing the relic, or (ii) the emission of smoke or dust from the proposed development, (d) damage or despoil the place or tree, or or (e) erect a building on or subdivide land (iii) the nature, volume or frequency on which the building, work or relic is of vehicles using the arterial situated or that comprises the place, or road to gain access to the (f) damage any tree on land on which the proposed development. building, work or relic is situated or on … the land which comprises the place,

The Project Application area includes numerous except with the consent of the council. parcels of land that have frontage to arterial roads and includes mining at depth beneath or adjacent to (2) The council must not grant consent to a development application required by arterial roads (e.g. Appin Road). subclause (1) unless it has taken into consideration the extent to which the The Air Quality Assessment (Appendix J) of the EA carrying out of the proposed development has considered the potential air quality emissions of would affect the heritage significance of the the Project and has concluded that the Project item and any stylistic or horticultural features would meet applicable air quality criteria and no and its setting. significant off-site emissions would be expected (Section 5.13). 31 Development in the vicinity of heritage items

The council must not grant consent to an application to carry out development on land in the vicinity of a heritage item unless it has made and assessment of the effect the carrying out of that development will have on the heritage significance of the item and its setting.

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32 Heritage conservation areas Clauses 30 to 34 set out above are potentially applicable to the Project with respect to the Project (1) A person must not, in respect of a heritage mine subsidence and surface activities that have the conservation area: potential to impact heritage listed sites/areas (e.g. (a) demolish or alter a building or work within the St Mary’s Towers) and on Aboriginal heritage the area, or sites located above the Project extent of longwall (b) damage or move a relic within the area, or mining, or potentially affected by Project surface activities. (c) excavate for the purpose of exposing a relic within the area, or Aboriginal and Non-Aboriginal Heritage (d) damage or despoil a place within the area, Assessments have been completed for the Project or and are provided in Appendices G and H of the EA. (e) erect a building on or subdivide land within A summary of how the above issues have been the area, addressed is provided in Sections 5.10 and 5.11. Accordingly the Minister can be satisfied as to these except with the consent of the council. matters.

33 Heritage advertisements and notifications 36 Land subject to bushfire hazards

(1) Except as provided by this clause, the The council shall not consent to subdivision of or provisions of sections 84, 85, 86, 87 (1) and to the erection of a building on the land to which 90 of the Act apply to and in respect of: this plan applies which, in the opinion of the (a) the demolition of a heritage item, and council is subject to bushfire hazards, unless it has made an assessment of: (b) the demolition of a building work, relic or place within a heritage conservation (a) whether adequate provision has been made area, and for access to the land for fire fighting (c) the use of a building or land for a vehicles, fire breaks, reserves and fire purpose which, but for clause 35, radiation zones, and would be prohibited under this plan, (b) in the case of a subdivision of land, whether in the same way as those provisions apply to the depth of any allotments to be created by and in respect of designated the subdivision which would adjoin a development. perimeter road is adequate, and (c) the design of any proposed dwelling-house (2), (3) (Repealed) in relation to bushfire hazard.

(4) This clause does not apply to the partial demolition of a heritage item or of a building The Project does not include any proposed or work within a heritage conservation area dwellings. Notwithstanding, buildings and if, in the opinion of the council of the partial infrastructure that are proposed (e.g. infrastructure demolition will be of a minor nature and will upgrades) would be developed with the not adversely affect the heritage significance implementation of management and mitigation of the heritage item, building or work in measures to minimise the potential for bushfire risk relation to the environmental heritage of the (Section 5.3). land to which this plan applies.

34 Provisions relating to heritage items 49 Environmentally significant land covered by a conservation instrument (1) This clause applies to all land shown on the

environmentally significant land map with Clauses 30, 32 and 33 shall not apply where the diagonal hatching and specified in building, work, relic or place that is a heritage item Schedule 7. or is within a heritage conservation area is the subject of a conservation instrument within the meaning of, and made pursuant to, the Heritage Act 1977.

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(2) The objectives of designating land as (c) the land has connective importance environmentally significant land and for as, or as part of, a corridor of bushland development of that land are as follows: forming a connection that allows for the potential passage of species of (a) to identify environmentally significant flora or fauna between two or more land, and areas of bushland, and (b) to maintain biodiversity, and (d) the vegetation is adequately (c) to retain and enhance the natural represented on land in the general functions of riparian corridors, and locality, and

(d) to provide for controlled pedestrian (e) the land is important as a site along a and bicycle access to, and sensitively migratory route for wildlife, and integrated fire trails on, such land, and (f) the land functions as an important (e) to allow for controlled recreational drought refuge for wildlife, and uses having regard to environmentally (g) clearing of the land would be likely to significant values of the land, and contribute significantly to: (f) to protect items and places of (i) soil erosion, or Aboriginal heritage significance, and (ii) salinisation of soil or water, or (g) to enable the appropriate location on (iii) acidification of soil, or such land of gas drainage (iv) landslip, or infrastructure required for underground coal mining, having regard to (v) deterioration in the quality of environmentally significant values of surface or ground water, or the land, and to ensure that such (vi) increased flooding, or infrastructure is designed in (h) there is any need to conserve all or accordance with industry best practice some of the bushland because: guidelines, where existing. (i) of its unusually good condition or (3) Before granting consent to the carrying out its significance as a sample of its of development on land to which this clause type, or applies, the consent authority must be (ii) the development will increase satisfied that the development: the perimeter of the bushland, and so the ratio of the boundary (a) would substantially retain existing to the area of the bushland, vegetation, and making it more vulnerable to (b) would not adversely affect to a negative impacts, or significant extent: (iii) there is an archaeological site (i) the ecological value of the that has Aboriginal heritage existing bushland vegetation, or significance on the land. (ii) native fauna, or (5) (Repealed) (iii) the scenic qualities of the

locality. In the Project Application area, a small portion of (4) Before granting consent to the carrying out land is designated Environmentally Significant Land of development on land to which this clause under the Wollondilly LEP. This land is associated applies, the consent authority must consider with the riparian corridors of Allens and Stringybark whether: Creeks within an area of future housing (a) the locality has high biological development defined by Development Control Plan diversity, and (DCP) 56 - Wilton Park (Bingarra Gorge). DCP 56 is located near the margin of the proposed extent of (b) the locality contains: Project longwall mining at Appin Area 8, to the (i) a disjunct population of native north-west of Wilton (Figure 2-10 of the EA Main species or a species that is near Report). the limit of its geographic range, or (ii) riparian vegetation, or (iii) vegetation associated with wetlands, and

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Clause 49 set out above is potentially applicable to Land Capability the Project with respect to the Project mine • identify land suitable for development by subsidence and surface activities that have the determining land capabilities prior to potential to impact on the values of environmentally subdivision; significant land. However, as noted in subclause (2), the future use of some of this land for • remediate any contaminated land prior to development; gas drainage associated with coal mining was one of the reasons for designating these lands as • subdivision and building works to be environmentally significant. responsive to, and minimise impacts on environmentally significant land, topography, There are no specific proposals for locating surface riparian areas and drainage patterns, vegetation and other pre-development site infrastructure in the DCP 56 area as a component of features; the Project. However, as described in Section 2.5.5, there may be advantages in implementing surface • subdivision and development to be compatible goaf gas drainage at the Project, and any such with the constraints imposed by existing and potential nearby land uses including rural facilities would be assessed via a Surface Goaf Gas residential use, Hume Highway, Maldon Drainage Management Plan, if required. Dombarton railway land, and environmentally significant land and the natural gas and ethane Consideration of the potential impacts of mine pipelines. subsidence on terrestrial flora and fauna and Aboriginal heritage is provided in Sections 5.8 to Urban Design 5.10, while management of potential impacts on • integration with the existing Wilton township surface water resources are described in through an urban layout respectful of existing Section 5.6. Wilton township and existing features of the locality; Further consideration of the requirements of DCP 56 • enhance the streetscape and minimise the and the interaction of mining and housing impact on the character and amenity of development is provided in the following section. adjoining properties;

• promote a mix of lot sizes which respond to the A5.1.5 Development Control Plan No. 56 - features of the site and minimise the impacts Wilton Park on the scenic qualities of the rural landscape; • facilitate provision of land required for open Development Control Plan No. 56 - Wilton Park space, business, community and special uses;

• a safe environment for all members of the Section 1.8 of DCP 56 provides information relating community with opportunities for surveillance, to coal mining in the DCP 56 area (Figure 2-10 of obvious ownership and use of space and a well the EA Main Report) as follows: maintained environment;

The land the subject of DCP 56 is subject to • maximise potential for ecologically sustainable existing Mining leases for coal. The current holder development and promote energy efficient and of that lease is BHP Billiton. BHP Billiton intends to energy saving design; and mine the resource using the longwall method of • optimise stormwater and wastewater re-use. mining. Such mining will include surface works to facilitate gas drainage. The location of coal mining Wa ter Cycle Management infrastructure on the land surface is set out in Wollondilly Local Environmental Plan, 1991. The • development protects and enhances and does land the subject of DCP 56 is within a Mine not have a negative effect on rivers, creeks Subsidence District and accordingly any and riparian areas and drainage patterns; improvements on the land, including residential development, must comply with the Mine • maintain post development water quality at pre- Subsidence Compensation Act, 1961. development standards or better; • limit the quantity and frequency of post- Section 2 of DCP 56 outlines that all development in development discharges to pre-development Wilton Park is designed, developed and maintained levels; in accordance with the following objectives, and that • minimise stormwater impacts on downstream Council will not grant consent to development properties and the wider catchment; and unless it is of the opinion that the development is consistent with the relevant objectives of DCP 56: • encourage best practice waste water management, stormwater re-use and water sensitive urban design.

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Residential Development Transport & Accessibility

• a wide choice of residential development which • a hierarchy and network of publicly accessible is environmentally sensitive and complements roads, shared pathways and trails within the the natural environment; site and linking the site with existing Wilton village; • encourage the principles of ecologically sustainable development and innovation in • an access network for public transport; good housing design; • safe and efficient movement of vehicles, • optimise opportunities for design and pedestrians and other transport modes within, construction to incorporate passive solar to and from the area including access for waste principles and efficient use of energy and servicing vehicles and vehicles servicing resources. nonresidential land uses;

Employment & Services • promote permeability and connectivity and create opportunities for movement other than • a range of land uses to meet the needs of the by private motor vehicles. residents of the locality; • All road crossings of watercourses are to be • land uses compatible with the character and bridges. amenity of adjoining and nearby land uses; Scenic Quality • a positive, self-help, community-based approach to economic development; • minimise the impact of development on the scenic qualities of the rural landscape; • environmentally, socially and economically sustainable; • open space areas with high quality visual, recreational and ecological values; • supported by high quality infrastructure and facilities; • optimise the successful retention of existing mature trees; and • provide diversity of employment generation; • identify and protect special features of the site • energy and resource efficient development and with appropriate landscaping, tree planting and land use activities. control of building works.

Conservation of Flora, Fauna and Habitats Facilities and Infrastructure

• protect and manage environmentally significant • appropriate street tree planting and lands; landscaping of open space and parklands; and

• support biodiversity and environmental quality • where site constraints allow all publicly by preserving and protecting existing native accessible facilities are to be accessible for vegetation and local indigenous wildlife and people with a disability and accessible to all their habitats and creating opportunities to members of the public in terms of costs, enhance and add to native vegetation; physical barriers, hours and days of access at least consistent with public facilities under the • manage the rem