SCAP Agenda Item 2.1.2 28 September 2017 Name of Applicant: Rokrol Pty Ltd c/- Future Urban Group Proposal: Tourist Accommodation Address: Section 390, Cape St Albans – Kangaroo Island DA Number: 520/L001/17 TABLE OF CONTENTS PAGE NO AGENDA REPORT 2-9 ATTACHMENTS 1: MANAGEMENT PLAN 10-22 2: PREVIOUS AGENDA INCLUDING DEVELOPMENT PLAN 23-157 PROVISIONS, AMENDED CONDITIONS AND ATTACHMENTS KNet Ref: #11912799 1 SCAP Agenda Item 2.1.2 28 September 2017 OVERVIEW Application No 520/L001/17 Unique ID/KNET ID Edala Id: 1779 / Knet File: 2017/03956/01 Applicant Rockrol Pty Ltd c/- Future Urban Group Proposal Tourist Accommodation Subject Land Section 309, Hd of Dudley, Cape St. Albans (Red House Bay) Zone/Policy Area Coastal Conservation Relevant Authority Development Assessment Commission: Schedule 10 (18) – Tourism development within the Coastal Conservation Zone, Kangaroo Island. Lodgement Date 23 January 2017 Council Kangaroo Island Development Plan Consolidated 17 September 2015 Type of Development Merit Public Notification Category 2 Representations None Referral Agencies Coast Protection Board Kangaroo Island Natural Resources (DEWNR) Report Author Lee Webb, Senior Specialist (Environmental) Planner RECOMMENDATION Development Plan Consent subject to reserved matters and conditions EXECUTIVE SUMMARY The proposal is to establish an ecotourism style of tourist accommodation development on a coastal rural allotment at Cape St Albans (Red House Bay) on the north-eastern coast of Dudley Peninsula - Kangaroo Island, approximately 20 kilometres north-east of Penneshaw. The most critical issue is minimising the potential effects on a nesting pair of White- bellied Sea-Eagle (and to a lesser degree, the local Hooded Plover and Red-tailed Glossy Black-Cockatoo populations). Suitable buffers and management frameworks would need to be established to minimise impacts on the species. At its meeting dated 22 June 2017, the then Development Assessment Commission resolved to defer its decision on whether to grant Development Plan Consent based on the provision of further information from the applicant regarding the management of environmental impacts. The applicant has provided a Management Plan that outlines a range of measures to avoid or mitigate potential impacts on the habitat of fauna species of conservation significance, especially the White-bellied Sea-Eagle. Subject to the implementation of management plans the proposed use is considered appropriate and should not result in any adverse environmental impacts. ASSESSMENT REPORT 1. BACKGROUND The then Development Assessment Commission considered the application at is meeting on 22 June 2017. A key issue associated with the application was the potential impact on a pair of White-bellied Sea-Eagle, a species of State conservation significance, that have an active nest (and guard sites) within close proximity of the site. The application addressed this issue through siting (especially a separation distance) and proposed 2 SCAP Agenda Item 2.1.2 28 September 2017 management approaches to minimise disturbance during construction and by visitors (especially during the breeding season). The agenda item recommended the following aspects be the subject of reserved matters: Management Plan confirming the ongoing management and operation of the facility (including fencing, signage, controlling the movement of guests, provision of educational/interpretive materials for guests, undertaking maintenance works etc.) so as to minimise the impact upon sensitive avifauna and habitat within the locality. The Plan shall incorporate, but not be limited to: a) Permeable fencing to control visitor access and to protect environmentally sensitive areas. b) Formalised access paths for pedestrians. c) Restriction of building and construction activity to outside the breeding season of the Sea-Eagle from May to December. d) Restriction of vehicle access to the current road and the proposed new access track. e) Restrictions on visitor and resident access on the property and from the subject land to the headland/cliff to the east of the site during the breeding season of the White-bellied Sea-Eagle (i.e. from May through to December inclusive). f) Restricted access to the beach during the Hooded Plover breeding season (i.e. from August through to March inclusive). g) Information be provided to all visitors to the subject land regarding important flora and fauna, including the White-bellied Sea-Eagle, Red-tailed Glossy Black- Cockatoo and Hooded Plover, including how impacts on them can be minimised. h) More extensive landscape planting and revegetation than that proposed, so as to adequately screen the development, establish an adequate buffer and provide greater biodiversity, together with a timeframe and a management regime (including monitoring). i) Pest animal and weed control management regime. j) Monitoring program to identify any impacts on the White-bellied Sea-Eagle, Red-tailed Glossy Black-Cockatoo and Hooded Plover (including contingencies for further impact mitigation that may be needed as a result of monitoring). The Plan shall be prepared in consultation with the Coast Protection Board and Natural Resources Kangaroo Island. Landscaping and Revegetation Plan, including the extent of revegetation of the land and plantings to soften the visual appearance of the buildings, access and associated infrastructure and to provide a vegetated buffer from sensitive avifauna and habitat. The Plan shall be prepared in consultation with the Coast Protection Board and Natural Resources Kangaroo Island. A Construction Environment Management Plan (CEMP) shall be prepared and implemented in accordance with current industry standards – including the EPA publications “Handbook for Pollution Avoidance on Commercial and Residential Building Sites – Second Edition” and, where applicable, “Environmental Management of On-site Remediation” – to minimise environmental harm and disturbance during construction. The CEMP should include, but not be limited to, the final location / siting of the buildings, construction methodology (including internal fit-out) and measures to mitigate impacts. Final detailed site plans for each cabin including: a) Site contours; 3 SCAP Agenda Item 2.1.2 28 September 2017 b) Landscaping (including areas adjacent to access, parking and other infrastructure); c) Vehicle access and parking (with a view to minimising vegetation clearance); d) Location of infrastructure (including, but not limited to septic tanks, soakage trench / irrigation areas). Final detailed plans, including specifications and documentation associated with the provision of infrastructure to service the site (especially for the waste treatment system). At the time, the Commission decided to defer a decision, pending the applicant providing a plan which addresses the construction, ongoing management and operation of the facility (including fencing, signage, controlling the movement of guests, provision of educational/interpretive materials for guests, undertaking maintenance works etc.) so as to minimise the impact upon sensitive avifauna and habitat within the locality. The applicant has now provided a Management Plan that addresses: 1. Construction and management. 2. Fencing and access. 3. Signage. 4. Visitation and behaviour. 5. Education. 6. Landscaping and revegetation. 7. Monitoring and maintenance. The Management Plan was prepared with input from the Department. Informal feedback was sought from the Department of Environment, Conservation and Natural Resources (on behalf of the Coast Protection Board) which did not change its position on the application as previously provided to the then DAC. 2. DESCRIPTION OF THE PROPOSAL The proposal is to establish an ecotourism style of tourist accommodation development on a coastal rural allotment at Cape St Albans (Red House Bay) on the north-eastern coast of Kangaroo Island. The proposal comprises a total of four high quality designed retreats (i.e. self-catered cabins) located on cleared land, within scattered stands of existing vegetation. The cabins are located near the top of a coastal headland, with the closest being within 600 metres of an active White-bellied Sea-Eagle nest. 3. PLANNING ASSESSMENT It is considered the Management Plan outlines a suitable range of impact avoidance and mitigation measures. The appended Site Plan identifies the locations where such measures would be implemented. An appraisal of the Plan is provided below. 1. Construction and management. The applicant proposes that the builder would provide a detailed Construction Environment Management Plan (CEMP) prior to the commencement of construction. The Plan sufficiently outlines the aspects that would be included in the CEMP. The CEMP would need to be prepared in consultation with the Department of Environment, Conservation and Natural Resources. 2. Fencing and access. The Site Plan shows the indicative location of fencing to restrict visitor access to the coastal cliff zone. Plantings of Acacia paradoxa (a prickly wattle shrub) along 4 SCAP Agenda Item 2.1.2 28 September 2017 the fence line would further deter access. The fence would be 1.5 metres high and comprise timber posts and wire. The final design would need to include measures to prevent visitors climbing it and to deal with kangaroos (including injury to animals and damage to the fence). The Plan also shows the new vehicle access tracks to each retreat building and a designated pedestrian access track to the beach. The beach access track would be