Our Ref: DOC20/266610-3 Your Ref: Draft LSPS – e-mail dated 2 April 2020 General Manager Byron Shire Council PO Box 219 Mullumbimby NSW 2482 Attention: Ms Alex Caras Dear Mr Arnold RE: Byron Shire Council – Draft Local Strategic Planning Statement I refer to the e-mail from Mr Peter Cameron from the NSW Department of Planning, Industry and Environment dated 2 April 2020 about the Byron Shire Council’s Draft Local Strategic Planning Statement (Draft LSPS), seeking comments from the Department’s Biodiversity and Conservation Division (BCD) in the Environment, Energy and Science Group. I appreciate the opportunity to provide input. The BCD was formerly part of the Office of Environment and Heritage, but now forms part of a Group that has responsibilities relating to biodiversity (including threatened species and ecological communities, or their habitats), Aboriginal cultural heritage, National Parks and Wildlife Service estate, climate change, sustainability, flooding, coastal and estuary matters. We have undertaken a comprehensive review of the Draft LSPS and its associated strategies and plans. While we recognise there are restrictions on the length of LSPSs, generally, the Draft LSPS lacks specific actions for the Byron Shire Council (BSC) to satisfy the Directions of the North Coast Regional Plan (NCRP). In addition, the LSPS may be unable to achieve the desired themes and planning priorities, based on the planning priorities and actions contained therein. These issues are discussed in detail in Attachment 1 to this letter. In summary, the BCD recommends that: 1. The additional actions set out in Attachment 1 of this letter should be included within the Draft LSPS to ensure that biodiversity values are identified and protected. 2. The council: a. incorporates the additional text and actions in relation to climate change impacts at various sections of the Draft LSPS, as outlined in Attachment 1 of this letter. b. includes those actions listed on pages four and five of Attachment 1 of our previous letter to the Byron Shire Council, dated 25 October 2019, where relevant to flooding, water quality and waterway health. Level 8, 24 Moonee Street, Coffs Harbour, NSW 2450 | Locked Bag 914, Coffs Harbour Ph (02) 6659 8200| dpie.nsw.gov.au | Page 2 c. includes an additional planning priority, along with relevant actions, to ensure Aboriginal cultural heritage values are respected and protected via the land use planning system within Byron Shire, as required by the North Coast Regional Plan. As such, the planning priority and actions included on page 3 of Attachment 1 of the BCDs previous correspondence to council dated 25 October 2019 should be incorporated into the Draft LSPS. If you have any questions about this advice, please do not hesitate to contact Ms Nicky Owner, Senior Conservation Planning Officer, at [email protected] or 6659 8254. Yours sincerely DIMITRI YOUNG Senior Team Leader Planning, North East Branch Biodiversity and Conservation Enclosure: Attachment 1: Detailed BCD Comments – Byron Draft Local Strategic Planning Statement cc: Mr Peter Cameron, Planning and Assessment Group Attachment 1: Detailed BCD Comments – Byron Draft Local Strategic Planning Statement We understand the Byron Shire Council’s Draft Local Strategic Planning Statement (Draft LSPS) provides a high-level explanation of the planning context for Byron Shire. It provides this by outlining the broad themes for Environment, Liveability, Economy and Infrastructure. Each theme includes a general overview followed by corresponding planning priorities and actions, some of which are relevant to the statutory responsibilities of the Biodiversity Conservation Division (BCD) and the Climate Resilience and Net Zero Emissions Branch (CRANZE) of the Department of Planning, Industry and Environment. These matters and recommendations for amendments or additions to the Draft LSPS are discussed below. A. Theme 1 – A Sustainable Shire. This theme includes three planning priorities. Planning Priority SP1 – protect and enhance our biodiversity, ecosystems and ecology. This planning priority includes the following actions: Action SA1 – Review and update LEP and DCP to reflect HEV vegetation mapping and implement E zones in accordance with State Government requirements. Action SA2 – Review and update Byron Shire’s Conservation Strategy, and implement priority actions. Action SA3 – Finalise Shire wide integrated Pest Management Strategy, and implement priority actions. Action SA4 – Implement KPoM and Flying Fox Camp Management Plan. It is our view that these actions will not in themselves achieve the intended outcome of this planning priority. BCD Recommendations: The LSPS should include the following actions for Planning Priority SP1: 1. Identify and verify areas of High Environmental Value (HEV) attributes (noting that HEV includes many attributes, not only native vegetation). 2. Map extant vegetation across the Byron Local Government Area (LGA) using the Bionet Vegetation Classification to identify vegetation to ‘Plant Community Type’ (PCT) level. 3. Identify PCTs that form part of any Threatened Ecological Communities (TECs) as listed in accordance with the provisions of the Biodiversity Conservation Act 2016 (BC Act). 4. Identify, protect and enhance important biodiversity corridors, including consideration of the likely ecosystem change and species shift due to climate change, and incorporate these corridors into strategic and development planning processes. Page 1 of 4 Attachment 1: Detailed BCD Comments – Byron Shire – Draft LSPS 5. Assign an appropriate environmental protection zone, E2 – Environmental Conservation or E3 – Environmental Management to areas of confirmed HEV, depending of the attributes present. 6. Rezoned to E2 – Environmental Conservation those areas of land with confirmed TECs listed as ‘Potential Serious and Irreversible Impact’ entities in the ‘Guidance to assist a decision maker to determine a serious and irreversible impact’. 7. Include local provisions in the Local Environmental Plan (LEP), along with associated map overlays and Development Control Plan (DCP) provisions for: a. Confirmed HEV lands where zoning to E2 or E3 is not possible, and b. Land identified as an important biodiversity corridor. 8. Prepare a comprehensive Koala Plan of Management (KPoM) for the whole local government area and include relevant controls within the LEP and DCP to ensure appropriate zoning of areas of core koala habitat to E2 and to ensure incompatible development does not occur within areas of important koala habitat. 9. Focus development to areas of least biodiversity sensitivity and the ‘avoid, minimise, offset’ hierarchy implemented for biodiversity and areas of HEV. 10. Promote the establishment of biodiversity stewardship site agreements, funded or unfunded conservation agreements, or wildlife refuges via the Biodiversity Conservation Trust, as voluntary mechanisms to enhance areas of confirmed HEV and important biodiversity corridors on private (and some public) land. 11. Promote biodiversity certification of new urban release areas, where appropriate. 12. Identify areas of important biodiversity in the local context for nomination by the council to the Environment Agency Head, for inclusion on the Biodiversity Values Map. Planning Priority SP2 - Strive to become a sustainable community This planning priority includes the following actions: Action SA5 – Work towards council’s zero emissions target. Action SA6 – Support community environmental and sustainability projects. We acknowledge the inclusion of the community emissions profile and the comprehensive list of achievements, however, other than climate change, the LSPS is silent on the management of natural hazards, including flooding, as well as water quality and waterway health. Additional actions would assist in achieving this planning priority. BCD Recommendations: 13. Under Planning Priority SP2, the LSPS should: a. reference the Byron Shire’s most recent community wide emissions profile available at https://snapshotclimate.com.au/locality/australia/new-south-wales/byron/ b. continue to consider updated climate change information and monitor and report to the community on progress against climate resilience and net zero goals. Page 2 of 4 Attachment 1: Detailed BCD Comments – Byron Shire – Draft LSPS 14. include those actions listed on pages four and five of Attachment 1 of our previous letter to the Byron Shire Council, dated 25 October 2019, where relevant to flooding, water quality and waterway health. Planning Priority SP3 – Adapt to climate change and build resilience This planning priority includes the following actions: Action SA7 – Develop a climate emergency plan. Action SA8 – Work in collaboration with local community, non-government organisations, NRJO and State Government to deliver planning adaption actions in the shire. BCD Recommendations: For Planning Priority SP3, the LSPS should: 15. Consider referring to the ‘Integrated Regional Vulnerability Assessment: North Coast of New South Wales (2016)’ and the ‘North Coast Enabling Regional Adaptation region report (2019)’ prepared by Department of Planning, Industry and Environment (DPIE) which provides an evidence base for the likely vulnerability to the impacts of projected climate change for the North Coast region. 16. Include the following actions: a. Consider the regional systems transition model as outlined in the ‘North Coast Enabling Regional Adaptation region report (2019)’ when developing operational