Referral of proposed action Proposed action title: Lot 3 DP 184056 Rickards Road, Castlereagh Prepared by: On behalf of: Eddy Hawach 001 Referral of proposed action v November 2016 Page 1 of 45 1 Summary of proposed action 1.1 Short description Eddy Hawach, proposes to develop a three lot subdivision at Lot 3 DP 184056 Rickards Road, Castlereagh (hereafter referred to as the ‘subject site’) (Figure 1). The proposed development will include three 2 hectare (ha) lots, comprising the allowance of a street setback, residential dwelling, Asset Protection Zone (APZ) and On-site Sewage Management System (OSSM). The subject site covers a total area of 13.15 ha. The site is located approximately 55 kilometres (km) north-west of the Sydney Central Business District, to the east of Rickards Road, Castlereagh, within the Penrith Local Government Area (LGA). The proposal will impact on 1.56 ha of land, of which 1.03 ha is identified as Cooks River Castlereagh Ironbark Forest (CRCIF), listed as a Critically Endangered Ecological Community (CEEC) under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). A total of 11.59 ha of EPBC listed CRCIF within the site will not be impacted. It is intended that the development of the site aims to conserve the majority of the existing vegetation onsite while realising some development potential. 001 Referral of proposed action v November 2016 Page 2 of 45 Figure 1: Location of subject site 001 Referral of proposed action v November 2016 Page 3 of 45 1.2 Latitude and longitude Refer to Figure 2 for locations of these data points. Decimal degree Degrees, Minutes, Seconds Latitude Longitude Latitude Longitude 1 -33.64617510610 150.68449113700 -33° 38’ 46.23’’ 150° 41’ 4.17’’ 2 -33.64630235200 150.68533990800 -33° 38’ 46.69’’ 150° 41’ 7.22’’ 3 -33.64665736190 150.68770815300 -33° 38’ 47.97’’ 150° 41’ 15.75’’ 4 -33.64721049110 150.69139817900 -33° 38’ 49.60’’ 150° 41’ 29.03’’ 5 -33.64897259410 150.69103196500 -33° 38’ 56.30’’ 150° 41’ 27.72’’ 6 -33.64840826210 150.68732515000 -33° 38’ 54.27’’ 150° 41’ 14.37’’ 7 -33.64805273380 150.68498995000 -33° 38’ 52.99’’ 150° 41’ 5.96’’ 8 -33.64792373710 150.68414274300 -33° 38’ 52.53’’ 150° 41’ 2.91’’ 1.3 Locality and property description The proposed action is located approximately 55 kilometres (km) north-west of the Sydney Central Business District, to the east of Rickards Road, Castlereagh, within the Penrith Local Government Area (LGA). The subject site is bordered by Rickards Road and residential development to the west, a dirt bike riding facility to the north, Car wreckers to the south, and remnant vegetation to the east and south-east. The subject site is also located within the Priority Conservation Lands (PCLs) identified in the Cumberland Plain Recovery Plan (DECCW 2010). The subject site comprises existing remnant native vegetation and a single storage shed. 1.4 Size of the development footprint or The proposed three lot subdivision, including the allowance of a work area street setback and establishment of an APZ and OSSM, covers an expected impact of 1.56 ha. 1.5 Street address of the site Lot 3 DP 184056 Rickards Road, Castlereagh 1.6 Lot description The Site is legally described as Lot 3 DP 184056 Rickards Road, Castlereagh. 1.7 Local Government Area and Council contact (if known) The project is wholly within the City of Penrith Council Area. Council’s contact officer is: Gavin Cherry 02 4732 8125 [email protected] 1.8 Time frame Vegetation clearance and construction works are scheduled to commence in mid- late 2017 and expected to take 9-12 months to complete. Particular focus will be on the establishment of the conservation area prior to construction. 1.9 x No 001 Referral of proposed action v November 2016 Page 4 of 45 Alternatives time frames, locations or Yes, you must also complete Section 2.3. For each activities alternative, location, time frame, or activity identified, you must also complete details in Sections 1.2-1.9, 2.4-2.7 and 3 and 5 (where relevant). 1.11 Commonwealth, State or Territory No assessment x Yes, you must also complete Section 2.5 1.12 Component of larger action x No Yes, you must also complete Section 2.7 1.13 Related actions/proposals x No Yes, provide details: 1.14 Australian Government funding x No Yes, provide details: 1.15 Great Barrier Reef Marine Park x No Yes, you must also complete Section 3.1 (h), 3.2 (e) 001 Referral of proposed action v November 2016 Page 5 of 45 Figure 2: Boundary points of the proposed development and subject site 001 Referral of proposed action v November 2016 Page 6 of 45 2 Detailed description of proposed action 2.1 Description of proposed action Eddy Hawach proposes to develop a three lot subdivision at Lot 3 DP 184056 Rickards Road, Castlereagh (hereafter referred to as the ‘subject site’) (Figure 1). The proposed development will include three 2 ha lots, comprising the allowance of a street setback, three residential dwellings, Asset Protection Zone (APZ) and OSSM. Selective thinning of trees and shrubs and suppression of the ground layer is required to maintain APZ and setback, all tree will be retained in this zone. It is intended that the development of the site aims to conserve the majority of the existing vegetation onsite while realising some development potential. An indicative site layout of the development footprint is shown in Figure 3. The key concepts and objectives of the development will be to: permit low density residential development allow for a 25 m setback from Rickards Road allow for establishment of a 25m APZ - selective thinning of shrubs and suppression of the ground layer is required to maintain APZ, the canopy will remain intact. incorporate and maximise the existing landscape and topographical characteristics of the site retain existing native vegetation, much of which is in good condition, and protect and enhance biodiversity and sensitive habitats protect threatened flora A summary of the proposed impacts are provided in Table 1 below. Table 1: Areas of native vegetation and impacts due to the proposed works Building Setback Total Retained Grand Vegetation community envelope APZ (ha) (ha) impact vegetation Total (ha) (ha) (ha) (ha) Cooks River Castlereagh Ironbark Forest (EPBC Act – 0.15 0.14 0.24 0.53 0.01 0.54 Category A) Cooks River Castlereagh Ironbark Forest (EPBC Act – 0.18 0.22 0.1 0.50 11.58 12.08 Category D) Cooks River Castlereagh 0.22 0.02 0.29 0.53 - 0.53 Ironbark Forest (TSC Act) Total 0.55 0.38 0.63 1.56 11.59 13.15 2.2 Feasible alternatives to taking the proposed action Consideration of alternative proposals for the subject site has been undertaken throughout the project to ensure that an appropriate balance is achieved between retention and enhancement of the significant biodiversity values of the subject site and surrounds. In developing the site layout, a number of alternatives were considered including: 1. An increased number of lots 2. BioBanking the entire site 001 Referral of proposed action v November 2016 Page 7 of 45 3. Considering other land use proposals that are permissible under the current zoning eg. cattle grazing The proposed site layout was selected as the preferred option as the subject site is zoned for a minimum of 2 ha lots, and it strives to protect the majority of the existing vegetation onsite while realising some development potential. 2.3 Alternative locations, time frames or activities that form part of the referred action There are no alternative locations, time frames or activities that form part of the referred action. 001 Referral of proposed action v November 2016 Page 8 of 45 Figure 3: Proposed development footprint 001 Referral of proposed action v November 2016 Page 9 of 45 2.4 Context, including any relevant planning framework and state/local government requirements The NSW Environmental Planning and Assessment Act 1979 (EP&A Act) is the principal planning legislation that relates to the proposed development. It provides a framework for the overall environmental planning and assessment of development proposals. Various legislative instruments, such as the NSW Threatened Species Conservation Act, and Rural Fires Act (2007) (RF Act) are integrated with EP&A Act and have been reviewed separately. A substantial array of legislation, policies and guidelines apply to the subject site as listed below; Table 2: Legislative context Name Relevance to the project Environmental The proposed development requires consent under the Penrith Local Planning and Environmental Plan and is to be assessed under Part 4 of the EP&A Act. Assessment Act Assessments of significance for impacts to threatened species and 1979 endangered ecological communities have been prepared in accordance with s5A of the Act. Threatened Species The TSC Act aims to protect and encourage the recovery of threatened Conservation Act species, populations and communities listed under the Act. The Act is 1995 integrated with the NSW EP&A Act and requires consideration of whether a development (Part 4 of the EP&A Act) or an activity (Part 5 of the EP&A Act), is likely to significantly affect threatened species, populations and ecological communities or their habitats. Noxious Weeds Act The NW Act defines the roles of government, councils, private landholders 1993 and public authorities in the management of noxious weeds. Penrith LEP 2010 Clause 7.3 of the Penrith LEP 2010 has the objective of protecting, enhancing and managing the ecological, hydrological, scientific, cultural and aesthetic values of biodiversity and wildlife habitat corridors, natural waterways and riparian land.