02 - 161101 Hickey Street, Iluka - Information Request Response

1 November 2016
Lot 99 DP823635, Hickey Street

Iluka, NSW
Residential Subdivision and New Roads

Information Request - Response
Hickey Street, Iluka Information Request Response 1 November 2016
TABLE OF CONTENTS
1.0
PURPOSE ............................................................................................................................... 1
2.0
EXECUTIVE SUMMARY ........................................................................................................ 2
3.0
ILUKA SUBDIVISION DEVELOPMENT ................................................................................. 7

Masterplan Configuration .............................................................................................. 7
Masterplan ..................................................................................................................... 7
Vegetation Zones ........................................................................................................ 12
Development Staging Plan .......................................................................................... 12
Community Title Subdivision ....................................................................................... 12
4.0
STATUTORY PROVISIONS ................................................................................................. 14

State Environmental Planning Policies (SEPPs) ....................................................... 14
Local Environmental Plan............................................................................................ 15
Development Control Plan .......................................................................................... 15
5.0
CLARENCE VALLEY COUNCIL INFORMATION REQUEST 30 MARCH 2016 ........... 17

Ecological .................................................................................................................... 17
OEH Comments .......................................................................................................... 20
Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)........... 26
Buffer to Iluka Road..................................................................................................... 26
Engineering ................................................................................................................. 27
Contamination ............................................................................................................. 33
Bushfire ....................................................................................................................... 35
Heritage ....................................................................................................................... 38
Maintenance of Open Space / Reserve Areas ........................................................... 39
Ownership of Lot 7020 DP1114873 ............................................................................ 39
6.0
NSW Rural Fire Service Information Request 2 March 2016 ......................................... 41

Fire Trail ...................................................................................................................... 41
7.0
NSW Office of Environment & Heritage Information Request 3 March 2016................. 42

Summary OEH Matters ............................................................................................... 42
8.0
NSW Department of Primary Industries Lands Information Request 21 March 2016 ... 47
Lot 7020 DP1114873 To be opened as road........................................................... 47
DPI Lands position in relation to Crown Roads ....................................................... 48
Adjoining Crown Lands ............................................................................................... 48
Adjacent Crown Lands ................................................................................................ 49
Ocean Park Consulting Pty Limited
Page i
ATTACHMENTS
Attachment 1
Clarence Valley Council letter 30 March 2016
Attachment 2
NSW Rural Fire Service letter 2 March 2016
Attachment 3
NSW Office of Environment & Heritage letter 3 March 2016
Attachment 4
NSW Department of Primary Industries Lands letter 21 March 2016
Attachment 5
Additional Flora and Fauna Impact Assessment Keystone Ecological
Attachment 6
Bushfire Hazard Assessment Report - Building Code & Bushfire Hazard

Solutions
Attachment 7
Traffic Assessment Report - BJ Bradley & Associates
Attachment 8
Field Radiation Survey Report - Earth Systems
Attachment 9
Civil Engineering Report - Burchills Engineering Solutions
Attachment 10 Conceptual Stormwater Management Plan - Burchills Engineering Solutions

Attachment 11 Erosion & Sediment Control Management Plan - Burchills Engineering Solutions
Attachment 12 SQIDs Maintenance Management Plan Burchills Engineering Solutions
Attachment 13 Acid Sulfate Soil Assessment - Cardno
Attachment 14 Draft Community Title Plans - ADW Johnson
Attachment 15 Clarence Valley Council Plans
Attachment 16 Drawings
Page ii
1.0
PURPOSE
The purpose of this Information Request Response is to provide further matters of clarification as
requested by the Clarence Valley Council in its letter of the 30 March 2016, and to provide a
response to various Government agencies that have made a submission in relation to the
proposed residential subdivision of the land described as Lot 99 DP823635, situated on the
corner of Iluka Road, Hickey Street, Riverview Street, Elizabeth Street and adjoining Crown
Land, Iluka, New South Wales.
The key development characteristics of the land the subject of the development proposal, are
provided in Table 1 Development Characteristics.
TABLE 1 - DEVELOPMENT CHARACTERISTICS
Element
Details
Principal / Client
Stevens Holdings Pty Limited
Property Land Owner
Birrigan Gargle Local Aboriginal Land Council
Property Description
Lot 99 DP823635
Location
Situated on the corner of Iluka Road, Hickey Street, Riverview Street, Elizabeth
Street and Crown Land, Iluka, New South Wales
Easements
TBA
Area of Land
19.441 Ha (subject to survey)
Locality
Iluka, New South Wales
Parish
Nanegan
County
Clarence
Local Authority
Clarence Valley Council
Existing Structures
Vacant Land Vegetation cover
Land Zoning
Zone R2 Low Density Residential pursuant to Clarence Valley Local

Environmental Plan 2011
Site Context
The development site is situated adjoining and to the west of Iluka Road and the
Bundjalung National Park and Iluka Nature Reserve, to the south of the Hickey
Street and the Iluka Golf Club, to the east of vacant land and unformed Riverview
Street and to the north of Elizabeth Street and vacant Crown land.
Proposed Development
The proposal is to develop Lot 99 DP823635 situated on the corner of Iluka Road
and Hickey Street, Iluka into a residential Community Title subdivision.
The proposed development shown on the amended Masterplan drawing number
PO147-01(A) has a yield of 159 allotments, incorporating 158 residential
allotments and a community property allotment.
The subdivision reflects the street pattern of the village of Iluka it provides a
resilient and logical grid pattern for connectivity, permeability and access. The
allotments are sized, shaped and orientated for sound solar access and to
facilitate and encourage diversity in housing.
The development can be undertaken in different construction stages. The stages
are subject to change and dependent upon market demand and effective
construction sequencing for infrastructure.
The subdivision incorporates traffic calming features, water sensitive urban design
principles, to incorporate drainage swales and individual allotment stormwater
soakage trenches to minimise constructed underground stormwater drainage
works. The lots to be serviced with electricity, water supply, and sewerage.
The park and street reserve areas have been located in order to capture the
highest value habitats as well as provide important corridors for the local
movement of fauna.
The land is zoned for the proposed use.
Page 1
2.0
EXECUTIVE SUMMARY
(i)
Information Request Response
The applicant for the residential subdivision and new roads proposal at Hickey Street, Iluka,
Stevens Holdings Pty Ltd (trading as Stevens Group), has engaged Ocean Park Consulting Pty
Limited to respond to the agency Information Request regarding the proposed development
application lodged with the Clarence Valley Council on 11 December 2015.
(ii)
Development Property Description
The property description of the proposed development is Lot 99 DP823635.

The land is located at Hickey Street, Iluka Road, and Elizabeth Street, Iluka, New South Wales,
2466.
(iii)
Development Configuration
The outcome of the review of the Clarence Valley Council and Referral Agencies Information
Request comments has provided an opportunity to have regard to the matters raised by the
referral agencies, site natural and manmade environmental factors and to integrate the various
specialist areas and amend the development Masterplan to achieve a sustainable outcome for
the proposed subdivision development.
The amended Hickey Street, Iluka subdivision development drawings are as listed in Table 2.
TABLE 2 DEVELOPMENT DRAWINGS
Drawing No.
Title
Date
Prepared By
PO147-01(A)
Masterplan
Oct 2016
onecollective
URBANDESIGNSTUDIO
PO147-02(A)
Vegetation Zones
Oct 2016
onecollective
URBANDESIGNSTUDIO
PO147-03(A)
Development Staging Plan
Oct 2016
onecollective
URBANDESIGNSTUDIO
(a)
Amended Masterplan - The amended Masterplan shown on drawing no. PO14701(A) incorporates the following key attributes:
Subdivision Title arrangements - the subdivision is to be a Community

Title Subdivision.
Management and maintenance of the Community Title Subdivision

will incorporate specific requirements to be included in the Community
Management Statement to identify the obligations of the members of the
Community Title Subdivision.
Management and maintenance of identified parts of adjoining

existing road areas to be by way of positive covenant to describe the
obligations of the members of the Community Title Subdivision.
Cultural Heritage Management to be described and implemented

through a Cultural Heritage Management Plan for the identified Scar
Trees within and adjoining Lot 99 DP823635.
Page 2
Ecological Management Through an integrated approach the

proposed subdivision has had regard to and responds to the existing site
and adjoining natural environs and built form.
The amended Masterplan and proposed management structure for open
space areas through the Community Title subdivision provides:
No change to the configuration of reserve along the western

boundary (Park A). This area will retain the most intact vegetation
and landscape on site. It will also provide a direct link from the north
to south.
A small increase in the size of the reserve in the north eastern corner
(Park B), with a much more functional layout. It will incorporate all
Eucalyptus tereticornis Forest Red Gum trees observed and link
directly with similar habitat to the east in Iluka Nature Reserve and
provide a direct route to the golf course habitats to the north and
other vegetation beyond.
An additional area is to be reserved in Park C. This area of 0.25

hectares is intended to retain the best developed example of Coastal
Cypress Pine Forest on site. Further, it links with large patches to the
south in Crown Land.
The exclusion of development along the Elizabeth Street road

reserve or Iluka Road reserve. This will provide a visual buffer to
adjoining residences as well as to Iluka Nature Reserve. Although
narrow, it will also provide a corridor function for the movement of
flora and fauna.
Bushfire Management incorporates the recommendations of the

bushfire management specialist through a Bushfire Management Plan to
adopt the required Asset Protection Zones (APZ) and be managed
through the Community Management Statement, incorporating the
required emergency vehicles access points, road sealed pavement widths
and provision of the water supply infrastructure.
Traffic and Pedestrian Management the street configuration adopts

the logical and traditional grid pattern of the village of Iluka. The
connection to the existing streets is situated at the intersection of
Elizabeth Street and Micalo Street.
A new street construction along Hickey Street will extend from Iluka Road
intersection. The internal traffic speed will be slowed through street
infrastructure such as roundabouts, culdesacs, narrower access ways,
and the formation of a street pattern to clearly identify priority street and
slow street merging. Open space areas are provided with direct street
frontage in the majority of situations.
The existing trunk shared bike / pathway of Iluka will be connected at
Street 1 to the trunk bike path of Elizabeth Street and Micalo Street, and
connect through to Hickey Street, and then to Iluka Road.
Page 3
Water Quality and Quantity Management the stormwater drainage

management for the development will incorporate the principles of Water
Sensitive Urban Design. Water quality is proposed to be treated and
encouraged at the individual lot site and will also be facilitated through
grass and vegetated swales within the wider verges of the road reserves.
Water quantity is proposed to be managed so as to not adversely impact
the predevelopment discharge as compared to the post development
discharge phase.
Residual Mining Activities has been assessed. There are no

contaminated soil material identified within the proposed development
site. If such residual material is found during the construction phase,
appropriate management plans can be incorporated to safely dispose of
the material.
Geotechnical Management further assessments of the site have

indicated acid sulfate soils are not present in the site. If during the
construction phase materials are found to be of acid sulfate soils potential,
appropriate management plans can be implemented to manage these
soils accordingly.
Urban Design the urban design for the development incorporates crime
prevention through environmental design, the Asset Protection Zone
requirements of the Bushfire Management Plan. The design layout
incorporates and allows for Water Sensitive Urban Design and
Biodiversity Corridors.
The street pattern is to encourage low traffic speeds, and the layout
incorporates an extension connection to the existing Iluka trunk shared
bike / pathway at the connection point of Elizabeth Street and Micalo
Street, and the allotments maintain sound solar access for future
residential dwellings. The allotment configuration, shape and orientation
also provides a range of allotment sizes for future dwelling choice and
diversity.
Regard to adjoining land tenure The amended Masterplan no.

PO147-01(A) has responded to the subject site adjoining land tenure and
road designations.
In particular, the Masterplan does not rely on Lot 7020 DP1114873 being
open as road. The Masterplan has had regard to this portion of Hickey
Street adjoining Lot 7020. If at some time in the future it is considered that
Lot 7020 is available as road the Masterplan configuration would not
adversely impact on such a future road extension being capable of
implementation. Such a use would be subject to future considerations by,
and compliance with, the relevant agency requirements.
(b)
Vegetation Zones - The key Vegetation Zones are identified on drawing no.
PO147-02(A). The purpose of this drawing is to identify the particular vegetation
zones, provide a context cross reference in relation to particular ecological
attributes, describe the location of Asset Protection Zones (APZ) for bushfire, and
to identify the various proposed management areas for the Community Title
arrangements of the subdivision.
Page 4
(c)
(iv)
Development Stage Plan - The Development Stage Plan drawing no. PO14703(A) identifies a development indicative stage arrangement which identifies eight
(8) primary stages, and sub stages. It is noted the development staging
arrangement shown is indicative. The development sequence may not follow the
numerical sequence of the stage identification numbers as listed on the
Development Staging Plan. The purpose of the plan is to show an order of
potential priority construction and infrastructure provision to enable the logical
managed sequence of the development.
Agency Information Requests
This information response is provided in response to the Information Request issued by the
Clarence Valley Council and includes the response to other Referral Agencies as listed in Table
3.
TABLE 3 HICKEY STREET, ILUKA INFORMATION REQUESTS
Attachment
Agency
Attachment 1
Clarence Valley Council letter 30 March 2016
Attachment 2
NSW Rural Fire Service letter 2 March 2016
Attachment 3
NSW Office of Environment & Heritage letter 3 March 2016
Attachment 4
NSW Department of Primary Industries Lands 21 March 2016
(v)
Information Request Response Methodology
The information requests from the Clarence Valley Council and the Referral Agencies are
addressed in this submission individually and where practicable on an item by item basis. The
information request description is provided by way of summary or extract from the relevant
Agency submission. Reference can be made to the full description of the Agency Information
Request contained in the particular agency submission letter as listed in Table 3.
For each Information Request, there is a response to the specific matter raised and reference in
particular where applicable to the specialist expert assessment and report that has been
undertaken by the development specialist project team in response to the issue raised in the
particular Agency information request.
(vi)
Statutory Requirements
As part of the Agency Information Request response process a review of the relevant Statutory
provisions and environmental planning instruments was undertaken. The findings of this review
recognises the additional assessments of findings for the agency information request responses
and amended Masterplan are not in conflict with relevant environmental planning instruments.
(vii)
Ownership of Lot 7020 DP1114873
At the time of submission of this agency Information Request Response, the NSW Department of
Primary Industry Lands (DPI Lands) were not in a position to provide the land owners consent
for the land described as Lot 7020 DP1114873. It is noted the DPI Lands and Clarence Valley
Council are continuing with discussions relating to the procedure to enable the process for Lot
7020 to be possible for designation as road.
As a result, there has been a Masterplan prepared for the development that does not rely upon,
and excludes Lot 7020 DP1114873 from the development.
Page 5
The revised Masterplan PO147-01(A) dated October 2016 by Onecollective does not rely on
inclusion or incorporation of Lot 7020 into the development. As such the development application
can be assessed and approved accordingly.
To enable the various specialists to progress their respective assessments to respond to the
agency information requests, a Masterplan PO147-01 was prepared which included Lot 7020
DP1114873 and indicated its designation as road. Some specialist reports in this Information
Request Response submission contain references to this Masterplan PO147-01.
It is therefore noted this Information Request Response be read in context with the timing for
consideration of the determination of designation of Lot 7020 DP1114873. The submitted
Masterplan PO147-01(A) does not include Lot 7020. The proposed development subdivision is
sustainable.
(viii)
Specialist Expert Assessments and Reports
The Information Request Response is provided in an integrated manner and is proposed to be

read and reviewed as a total form, and not in isolation. There has been an iterative approach
taken to the various specialist areas and how the particular area influences the finally proposed
Masterplan for the development. The specialist expert assessments and reports are listed in
Table 4.
TABLE 4 SPECIALIST EXPERT ASSESSMENTS & REPORTS
Report
No.
Title
Date
Prepared By
CVC14695
Additional Flora and Fauna Impact

Assessment Lot 99 DP823635 Hickey
Street, Iluka
31 Oct 2016
Keystone Ecological Pty Ltd
Minor Amendment Letter
2 Nov 2016
Keystone Ecological Pty Ltd
160072b
Bushfire Hazard Assessment Report,

Lot 99 DP823635 Hickey Street, Iluka,
NSW
10 Oct 2016
Building Code & Bushfire

Hazard Solutions Pty Limited
Traffic Assessment Report Residential

Subdivision, Iluka Road, Iluka
27 Sept 2016
BJ Bradley & Associates
Field Radiation Survey for Residential

Subdivision, Iluka NSW
Sept 2016
Earth Systems
BE150310RP-CER01
Civil Engineering Report
Nov 2016
Burchills Engineering Solutions
BE150310RP-CSMP01
Conceptual Stormwater Management

Plan
Nov 2016
BE150310RPSMMP-00
SQIDs Maintenance Management Plan
Nov 2016
BE150310RPESCMP-01
Erosion & Sediment Control

Management Plan
Nov 2016
CGS2590004
Acid Sulphate Soils Assessment, Iluka

Subdivision
14 Sept 2016
Cardno (NSW/ACT) Pty Ltd
Various
Proposed Community Title Plans (Draft)
11 Oct 2016
ADW Johnson
Refer
Table 2
Masterplan, Vegetation Zones,

Refer Table 2
onecollective
URBANDESIGNSTUDIO
Page 6
3.0
ILUKA SUBDIVISION DEVELOPMENT

Masterplan Configuration
The amended Hickey Street, Iluka subdivision development drawings are as listed in Table 5.
Reference is made to Attachment 16 Drawings.
TABLE 5 DEVELOPMENT DRAWINGS
Drawing No.
Title
Date
Prepared By
PO147-01(A)
Masterplan
Oct 2016
onecollective
URBANDESIGNSTUDIO
PO147-02(A)
Vegetation Zones
Oct 2016
onecollective
URBANDESIGNSTUDIO
PO147-03(A)
Oct 2016
onecollective
URBANDESIGNSTUDIO
Masterplan
The amended Masterplan shown on drawing no. PO147-01(A) incorporates the following key
attributes:
(i)
Subdivision Title arrangements - The subdivision is to be a Community Title

Subdivision.
(ii)
Management and maintenance - The Community Title Subdivision incorporates specific

requirements to be provided in the Community Management Statement to define the
obligations of the members of the Community Title Subdivision to be responsible for the
implementation of the Bushfire Management Plan, Cultural Heritage Management, and
maintenance to open space areas within the subdivision (Park A, Park B, Park C).
(iii)
Management and maintenance of identified parts of adjoining existing road areas to be by way of positive covenant to describe the obligations of the members of the
Community Title Subdivision in relation to the maintenance of adjoining areas for
vegetation, and weed management.
(iv)
Cultural Heritage Management - to be described and implemented prior to construction

and post construction through the Community Management Statement. The identification
of culturally significant items within and adjoining Lot 99 is to be protected through an
appropriate Management Plan to be incorporated with the Community Management
Statement.
(v)
Ecological Matters Through an integrated approach the proposed subdivision has had
regard to and responds to the existing site and adjoining natural environs and built form.
The report Additional Flora and Fauna Impact Assessment by Keystone Ecological
identifies the amended Masterplan and proposed management structure for open space
areas through the Community Title subdivision provides:
No change to the configuration of reserve along the western boundary (Park A).
This area will retain the most intact vegetation and landscape on site. It will also
provide a direct link from the north to south. This area is to be managed for
conservation purposes under an approved management plan.
Page 7
A small increase in the size of the reserve in the north eastern corner (Park B), but
with a much more functional layout. It will incorporate all Eucalyptus tereticornis
Forest Red Gum trees observed and link directly with similar habitat to the east in
Iluka Nature Reserve and provide a direct route to the golf course habitats to the
north and other vegetation beyond. This area is to be managed for conservation
purposes under an approved management plan.
An additional area is to be reserved in Park C. This area of 0.25 hectares is intended

to retain the best developed example of Coastal Cypress Pine Forest on site.
Further, it links with large patches to the south in Crown Land. Asset Protection
Zones are to be established around but outside of Park C. This area is to be
managed for conservation purposes under an approved management plan.
The exclusion of development along the Elizabeth Street road reserve or Iluka Road
reserve. This will provide a visual buffer to adjoining residences as well as to Iluka
Nature Reserve. Although narrow, it will also provide a corridor function for the
movement of flora and fauna. Weeds will be controlled in this area.
It is recognised the subdivision development will remove highly modified vegetation,

resulting from past clearing, sand mining, poor restoration practices, repeated lot fires
and the continued influence of transformer weeds.
The Keystone Ecological Additional Flora and Fauna Impact Assessment dated 31
October 2016 identifies the principles of avoiding, minimising, mitigating and offsetting
environmental impacts have been observed by the following elements of the proposal:
The best quality habitat of the highest conservation value (Community 190: Coast
Banksia woodland with regenerating elements of Littoral Rainforest EEC) is to be
retained and managed for conservation purposes.
This area will be further protected from the residential development by a buffer of
native vegetation.
A patch of bushland in the north eastern corner has been configured for retention in
order to protect retain all of the Eucalyptus tereticornis Forest Red Gum, provide a
broader link to Iluka NR to the east and a direct route from that bushland to the
habitats to the north.
The patch of Coastal Cypress Pine Forest EEC on site will be retained and
protected.
The two large areas of retained vegetation have been located so as to maintain
connectivity for the species of most concern that were recorded on site, being
Dromaius novaehollandiae Emu and Phascolarctos cinereus Koala.
Potential adverse impacts on these species will be further mitigated by the

implementation of a landscape plan that includes the planting out of the wide verges
with native trees favoured by Koalas, such as Eucalyptus tereticornis Forest Red
Gum and Corymbia intermedia Pink Bloodwood.
Road reserves along Iluka Road and Elizabeth Street are to remain vegetated and
weeds controlled.
Traffic calming measures will also be employed and the route of traffic flow managed
by road design. These measures will decrease the risk of road trauma.
Domestic pets are to be kept within fenced premises, especially at night.
Page 8
The replacement with nest boxes of all hollow-bearing trees to be removed. Most
hollow-bearing trees on site are dead and at risk of falling over in the near future.
The proposal will allow for the replacement of this resource and thus avoid a
bottleneck for hollow-dependent fauna.
Felled hollow trees will be re-used as terrestrial habitat in the retained vegetation.
Vegetation clearing will be conducted under ecological supervision to protect

resident fauna from direct harm.
Clearing is to be conducted outside of the breeding season of important fauna

species, particularly Dromaius novahollandiae Emu (December to end March).
Lighting is to be a type that minimises spill and glare. This is important for
microchirpteran bats and other nocturnal species.
Water sensitive urban design principles are to be incorporated into the development.
This will minimise the potential indirect impacts to surrounding bushland.
Vegetation management in the APZs is to entail the removal of only the aerial parts
of plants. This will serve as a soil conservation measure.
Dumping of garden refuse in bushland areas is to be prohibited.
Residents are to be encouraged to plant locally native species in their gardens and
particularly avoid heavy nectar-bearing plants (such as Grevillea) in order to avoid
dominance by the aggressive Noisy Miner.
All erosion and sediment controls are to be strictly observed during works.
Keystone Ecological have noted by way of letter dated 2 November 2016 (refer
Attachment 5), that minor amendments to the Masterplan to exclude Lot 7020
DP1114873 do not materially influence or adversely impact on the findings and
conclusions of the Keystone Ecological report Additional Flora and Fauna Impact
Assessment Lot 99 DP823635 Hickey Street, Iluka dated 31 October 2016.
(vi)
Bushfire Management - will be undertaken through the implementation of a Bushfire

Management Plan, compliance with the required Asset Protection Zones and managed
through the Community Management Statement.
The Bushfire Management characteristics particular to the Masterplan configuration
acknowledge and incorporate into the proposed subdivision required water supply
connection and fire hydrants proposed to be located to the minimum requirements and
strategically located to ensure adequate cover for each of the proposed new allotments
and open space facility.
The road network system incorporates a road pavement that is wider than would normally
be required for a residential subdivision development of this size. The purpose of the
road pavement seal is to comply with the relevant standards for fire appliance access
identified by the bushfire specialist. The existing bushfire trail is retained generally in its
current position with some minor realignment to facilitate its position within Lot 99 as it
currently exists, the bushfire trail maintains the existing bushfire trail access connection
to Iluka Road.
There is to be provision for an emergency only access driveway to link the sealed section
of Elizabeth Street with the turn circle area for Street 3.
Page 9
(vii)
Traffic and Pedestrian Management the street configuration adopts the logical and
traditional grid pattern of the village of Iluka. The connection to the existing streets is
situated at the intersection of Elizabeth Street and Micalo Street.
A new street construction along Hickey Street will extend from Iluka Road intersection.
The internal traffic speed will be slowed through street infrastructure such as
roundabouts, culdesacs, narrower access ways, and the formation of a street pattern to
clearly identify priority street and slow street merging. Open space areas are provided
with direct road frontage in the majority of situations.
The existing trunk shared bike / pathway of Iluka will be connected at Street 1 to the trunk
bike path of Elizabeth Street and Micalo Street, and connect through to Hickey Street,
and then to Iluka Road.
The proposed subdivision will not have an adverse influence on the level of service,
capacity or level of traffic safety for the local environs adjoining the development site.
(viii)
Water Quality and Quantity Management The stormwater management for the
subdivision development incorporates the principles of Water Sensitive Urban Design.
This acknowledges the Clarence Valley Council approach to treat stormwater as close as
possible to the source. In this regard the subdivision allows for onsite infiltration within the
allotments and also provides a street network system that incorporates vegetated swale
facilities.
The stormwater quantity has been assessed and a design provided to accommodate the
stormwater runoff when considering the pre and post development to be of a similar
quantity.
The stormwater management has also had regard to the ecological characteristics of the
development, and where practicable stormwater is to be managed to have minimal
impact on the environment for the particular functioning of the areas identified as Park A,
Park B and Park C.
(ix)
Influence of Residual Mining Activities On site assessment identified there were no

adverse findings in relation to soils that had the potential for adverse radiation exposure.
If particular soils were identified during the construction phase, these can be managed
with an appropriate management strategy.
(x)
Geotechnical Management - Further evaluation was undertaken in relation to

geochemical management of the site, in particular to acid sulfate soils. The further
geochemical analysis has identified there are no acid sulfate soils found within the land.
If acid sulfate soils are found during construction, these can be managed through an
appropriate acid sulfate soil management process.
(xi)
Urban Design The street pattern and allotment configuration of the amended
Masterplan retains the key principals of the Masterplan submitted with the original
Development Application and has regard to the further additional Flora and Fauna Impact
Assessment by Keystone Ecological. It has regard to features such as;
The logical grid pattern is maintained, the layout accounts for sound principals of
crime prevention through environmental design.
The grid patterns adopt the form and general extension of the traditional street
grid pattern found in the village of Iluka. It provides high accessibility and
permeability for vehicles and pedestrians.
Asset Protection Zones are provided for bushfire protection purposes.
Page 10
The streets and access ways allow for water sensitive urban design and
biodiversity corridors are provided for within the street reserves and proposed
park areas.
The street configuration provides for traffic calming and a lower traffic speed
environment.
The orientation of the allotments maintains sound solar access attributes. There
are a range of allotment sizes and configuration to encourage and facilitate
choice in future housing style.
The road connectivity remains with a connection to Elizabeth Street and Micalo
Street to the south, and provides a main spine Street 1 to connect to Hickey
Street to the north which in turn will be strengthened and connect to Iluka Road.
Adequate provision will be provided to not adversely impact on the existing
access arrangements to the Iluka golf course and club house.
A combined pathway and cycleway will extend and connect from the existing
Iluka trunk combination bike and pathway situated at the intersection of Elizabeth
Street and Micalo Street. The new combined bike / pathway will extend along the
eastern side of Street 1 and connect to Hickey Street in the north, and extend
east to connect with Iluka Road.
Adequate provision has been made within the street network system for the
provision of services and service vehicles to include garbage vehicle collection
points. Access ways have been provided to facilitate the maneuvering of garbage
collection vehicles.
It is proposed to utilise a narrowing of pavement and surface treatment designs to

facilitate slow vehicle movement. The streets have been configured in a way to
strengthen the street function and reduce speeds, for example, the treatments for
Streets 6, 7 and 8 will prioritise certain streets and reduce the speed of traffic in
the north-south direction for those lots that adjoin Iluka Road.
The resilience in design of the street and allotment pattern, size and shape will
encourage diversity in housing, facilitate infrastructure provision and ongoing
maintenance access.
Safe Access - Lots will have restricted access to ensure safe entry and exit to
each allotment. The restricted access are indicated on the Masterplan, in
particular no allotments will have direct allotment access or frontage to Iluka
Road.
Incorporate appropriate vegetation planting in the verge areas of all street will be
such to contain species that are generally endemic to the area and be suitable for
the stormwater quality functions of the swales.
Utility services for the development such as telecommunications and electricity

will be provided by way of underground services in accordance with the utility
service providers design requirements. Street lighting will be provided in
accordance with the relevant Australian Standards with electricity to be provided
where practicable underground to service the above ground lighting arrangement.
Streets designed for emergency vehicle and operational (such as waste

collection) vehicle access.
Through an integrated approach the proposed subdivision has had regard to and
responds to the existing site and adjoining natural environs and built form.
Page 11
The adjoining land tenure The amended Masterplan no. PO147-01(A) has
responded to the subject site adjoining land tenure and road designations. In
particular, the Masterplan does not rely on Lot 7020 DP1114873 being open as
road. The Masterplan has had regard to this portion of Hickey Street adjoining Lot
7020. If at some time in the future it is considered Lot 7020 is available as road
the Masterplan configuration would not adversely impact on such a possible
future road extension being capable of implementation. Such a use would be
subject to future considerations by, and compliance with, the relevant agency
requirements.
Vegetation Zones
The key Vegetation Zones are identified on drawing no. PO147-02(A). The purpose of this
drawing is to identify the particular vegetation zones, provide a context cross reference in relation
to particular ecological attributes, describe the location of Asset Protection Zones (APZ) for
bushfire, and to identify the various proposed management regimes for the Community Title
arrangements of the subdivision.
The Development Stage Plan drawing no. PO147-03(A) identifies a development indicative stage
arrangement which identifies eight (8) primary stages, and sub stages. It is noted the
development staging arrangement shown is indicative. The development sequence may not
follow the numerical sequence of the stage identification numbers as listed on the Development
Staging Plan. The purpose of the plan is to show an order of potential priority construction and
infrastructure provision to enable the logical managed sequence of the development.
Community Title Subdivision
Community Management Statement
It is proposed the land development will be by way of a Community Title Subdivision.
As part of the Community Title Subdivision, a Community Management Statement will be
prepared in accordance with the provisions of the Community Land Development Act 1989
(NSW) and the Community Land Management Act 1989 (NSW). The Community Management
Statement will include the following key elements:
Bylaws to ensure development proceeds in accordance with its intended charter;
Community property obligations;
Mandatory matters including for executive committee proceedings, insurances, access

ways and the like;
Bylaws required by Statutory Authorities;
Definitions and certifications.
The purposes of the Community Management Statement and collectively developed by way of
Community Title Subdivision will enable the members of the Community Title Subdivision to be
responsible for the maintenance and management of the park areas, internal street verge areas,
and vegetation areas adjacent to Lot 99 DP823635 including those areas immediately adjacent
to Lot 99, and adjoining Hickey Street, Iluka Road, and Elizabeth Street. Such an arrangement
takes the responsibility for maintenance and management away from the Clarence Valley
Council and leaves the responsibility and costs with the land owners of the Community Title
Subdivision.
Page 12
Indicative Community Title Subdivision

To provide an indication of the proposed Community Title Subdivision, a draft survey plan has
been prepared by ADW Johnson - drawing reference no. 239509-DA-001-A (refer Attachment
14).
The draft Community Title subdivision indicates the Stage 1 of the proposed Community Title
Subdivision of Lot 99 DP 823635.
Note the ADW Johnson drawings have been prepared on a Masterplan configuration that
incorporated Lot 7020 DP1114873 as being available to be open as road.
The amended Masterplan PO147-01(A) has been prepared to exclude Lot 7020. As a result, the
final Community Title Subdivision Plans will also exclude Lot 7020, unless at some time in the
future Lot 7020 is available and is designated as road.
Any reference to use of or reliance on Lot 7020 DP1114873 is to be disregarded for Masterplan
PO147-01(A).
The key elements of the Stage 1 of proposed Community Title Subdivision identifies:
the creation of Road 1;
the identification of the Stage 1 residential lots numbered 2 to 19 inclusive;
the Community Property Lot being described as part of Lot 1 which incorporates Park A,
Park B and Park C including the fire trail; and
importantly identifies the Stage 1 Residual Lot. This lot to be subdivided in future stages
of the development.
The Masterplan for Proposed Community Title Subdivision of Lot 99 DP 823635 prepared by
ADW Johnson, identifies the proposed and existing public road verges to be maintained by
community association.
Instruments for Easements, Right of Access, Positive Covenants and Restrictions
on Use of Land
It is proposed the suite of documents to be compiled to create the Community Title subdivision
where relevant will include required instruments to set out the terms and conditions of:
Easements (for services such as water supply, sewerage, stormwater drainage,

electricity, telecommunications);
Right of Access;
Positive Covenants in relation to obligations for maintenance of vegetation for example

adjoining parts of Iluka Road and Elizabeth Street;
Restrictions on Use of Land, for example in relation to the activities that may be
undertaken within the park areas identified as part of Lot 1 on the Masterplan drawing no.
PO147-01(A) (Park A, Park B, and Park C);
Define the requirements in relation to Bushfire Management including reference to the

bushfire trail, its function and restriction on the use of the land;
Contain the details of the Cultural Heritage Management Plan for the identified cultural
features to be managed.
Page 13
4.0
STATUTORY PROVISIONS
As part of the response to the Agency information requests, a review on the responses and
potential implications relating to the Environmental Planning Instruments has been undertaken to
ensure there is no variation to the compliance provided with the original application submitted to
the Clarence Valley Council.
State Environmental Planning Policies (SEPPs)
SEPP No. 26 Literal Rainforests
It has been demonstrated the development will not adversely impact on the Literal Rainforest
situated on the eastern side of Iluka Road. Management of the development will include
sediment and erosion control measures and the implementation of a stormwater management
plan.
SEPP No. 44 Koala Habitat Protection
There has been no additional information that changes the fundamental approach to koala
habitat areas as described in the original Development Application. Certain areas of the
proposed subdivision configuration have been enhanced to facilitate habitat protection and fauna
movement. Reference is made to the Additional Flora and Fauna Impact Assessment prepared
by Keystone Ecological dated 31 October 2016.
SEPP No. 55 Remediation of Land
As previously identified, SEPP No. 55 Remediation of Land, aims to provide a Statewide
planning approach to the remediation of contaminated land to reduce the risk of such to both
human health and the environment.
In addition to the information provided with the original application, a further assessment has
been undertaken in relation to the potential influence of former sand mining activities undertaken
in the Iluka area. The report by Earth Systems Consulting Pty Limited dated September 2016,
identifies that as part of the subsurface soil assessment undertaken, the proposed development
area is considered safe for the proposed residential and park use on the basis of the surface
radiation risk assessment conducted.
The further detailed analysis and recommendations is provided in the Field Radiation Survey for
Residential Subdivision, Iluka, NSW prepared by Earth Systems Pty Limited dated September
2016 (listed in Attachment 8).
SEPP No. 71 Coastal Protection
The revised Masterplan indicated on drawing PO147-01(A) prepared by Onecollective dated
October 2016 has been reviewed in relation to the relevant provisions of SEPP No. 71 Coastal
Protection. There have been no findings from the review of the various Referral Agency
information requests that have identified any conflict with the relevant applicable provisions of
SEPP No. 71 Coastal Protection. The proposed Masterplan is considered to achieve the aims
of the Coastal Policy.
Page 14
Rural Fires Act 1997 No. 65

The revised Masterplan PO147-01(A) prepared by Onecollective dated October 2016, has been
reviewed in relation to bushfire management requirements. The assessment has been
undertaken with respect to bushfire considerations and a Bushfire Hazard Assessment Report,
Lot 99 DP823635, Hickey Street, Iluka, NSW dated 26 September 2016, was prepared by
Building Code and Bushfire Hazard Solutions Pty Limited. The Masterplan has been configured
to comply with the Asset Protection Zones and will adopt the infrastructure standard
requirements as identified in the Building Code and Bushfire Hazard Solutions report.
Local Environmental Plan
The consideration in relation to the amended development layout shown on the Masterplan
drawing no. PO147-01(A) dated October 2016, prepared by Onecollective, is not in conflict with
the Clarence Valley Council Local Environmental Plan 2011. The objectives of the zone within
which the land is contained that is R2 Low Density Residential are:
To provide for the housing needs of the community within a low density residential
environment, and
To enable other land uses that provide facilities or services to meet the day to day
needs of the residents.
The amended plan is compliant with the objectives of the LEP as described in this submission to
Council.
A range of allotment sizes are proposed to accommodate a variety of housing options.
The maximum building height of land as provided within the LEP is nine (9) metres. This
proposal and response to the agencies is for the subdivision and associated infrastructure only,
and any further Development Applications will address the maximum building height restrictions if
and where applicable.
Development Control Plan
The Development Control Plan relating to the development proposal is the Clarence Valley
Council Residential Zones Development Control Plan 2011 (DCP). The Masterplan as shown on
drawing no. PO147-01(A) dated October 2016 prepared by Onecollective is not in conflict with
the Clarence Valley Council Residential Zones Development Control Plan.
The following particular sections of the DCP are reviewed again for compliance with the
proposed amendments to the Masterplan for the Community Title Subdivision.
Clarence Valley Council DCP Part C Controls for Bushfire Prone Land
The amended Bushfire Hazard Assessment Report, Lot 99 DP823635, Hickey Street, Iluka,
NSW dated 26 September 2016, prepared by Building Code and Bushfire Hazard Solutions Pty
Limited, identifies the development can proceed with the adoption of certain asset protection
zones and infrastructure provision requirements. Reference is made to the details contained in
the Bushfire Hazard Assessment Report (refer Attachment 6).
Page 15
Clarence Valley Council DCP Part H Sustainable Water Objectives for Residential
Zones
The development is proposed to incorporate sustainable water initiatives which are in alignment
with the Part H Sustainable Water Objectives for Residential Zones. Reference is made to the
Conceptual Stormwater Management Plan prepared by Burchills Engineering Solutions (refer
Attachment 10).
Clarence Valley Council DCP Part I Erosion and Sediment Control Considerations
Erosion and sediment control considerations are provided for in the Erosion and Sediment
Control Management Plan dated November 2016, prepared by Burchills Engineering Solutions
(refer Attachment 11). The erosion and sediment control objectives will be achieved through the
implementation of the Stormwater Management Plan and the landscaping and open space will
be enhanced by the subdivision title arrangement that is under a Community Title Subdivision. In
this way the members of the Community Title Subdivision will be responsible to maintain areas
within the individual allotments and also within open space areas.
Clarence Valley Council DCP Part J Subdivision and Engineering Controls
The development is proposed to be designed and constructed in accordance with the Clarence
Valley Council Engineering Standards, generally as follows:
Northern Rivers Local Government Development and Design Manual;

Northern Rivers Local Government Construction Manual;
Northern Rivers Local Government Handbook for Stormwater Drainage Design;
Sewerage Code of Australia (WSA02-2002);
Water Supply Code of Australia (WSA02-2002);
Pressure Sewerage Code of Australia (WSA07-2007).
The Clarence Valley Council sewerage system at Iluka is a pressure sewerage system. The
Clarence Valley Council confirms the capacity is available in Iluka pressure sewerage system for
proposed development of the land.
Reference is made to the Civil Engineering Report by Burchills Engineering Solutions which
identifies in further detail the proposed and relevant design and future construction standards for
the development subdivision.
Page 16
5.0
CLARENCE VALLEY COUNCIL INFORMATION REQUEST 30 MARCH 2016

Ecological
Extent of endangered ecological communities
Applicant Response:
(i)
This aspect has been reviewed and assessed in detail in the report Additional Flora and
Fauna Impact Assessment dated 31 October 2016 by Keystone Ecological Pty Ltd (refer to
Attachment 5).
(ii)
The Additional Flora and Fauna Impact Assessment report contains details of further
mapping undertaken as part of the additional field assessments by Keystone Ecological.
(iii)
The additional site surveys by Keystone Ecological had a primary focus on the following:
Distribution and identification of Acronychia species;

Delineation and characterisation of vegetation communities Coastal Cypress Pine
Forest and Littoral Rainforest;
Location of mature Eucalyptus tereticornis Forest Red Gum;
Further, the survey involved:
Tracking of flowering and fruiting of a reference population of Acronychia littoralis at

remote sites (details in the Keystone Ecological report);
Analysis of recent aerial photographs;
Targeted random meander of the communities of interest on the site;
Collection of full floristics quadrats;
Mapping the location of Eucalyptus tereticornis Forest Red Gum;
Location of Acronychia by random meander and collection species;
Identification of Acronychia specimens with submissions to the NSW National
Herbarium;
Further incidental observations:
(iv)
Flora species not reported previously by Keystone Ecological or others;

Hollow bearing trees;
Diurnal birds;
Evidence of presence of Dromaius novaehollandiae Emu.
Full details of the site survey, referral to the National Herbarium of NSW and expert
consultation are provided in the Keystone Ecological report.
Page 17
Scented Acronychia imperforate or littoralis (TSC Act 1995)
Applicant Response:
(i)
Attachment 5).
(ii)
The Keystone Ecological Additional Flora and Fauna Impact Assessment has involved a
rigorous assessment of the Acronychia species. It is noted in the Keystone Ecological report
that Until this Additional Flora and Fauna Impact Assessment, there were no specimens of
Acronychia littoralis from Iluka in the NSW National Herbarium or any other herbarium.
It is further noted in the Keystone Ecological report that Importantly, none of the specimens
tagged by Council along Iluka Road were identified as Acronychia littoralis; all fertile
specimens of these trees were consistent with Acronychia imperforate.
The Keystone Ecological assessment identifies While the site provided potential habitat for
Acronychia littoralis, all fertile material collected during exhaustive survey has been identified
as belonging to one of the common species known from the local area.
(iii)
The Keystone Ecological onsite and offsite investigations identified that the Acronychia
littoralis species was not recorded on the subject site despite intensive survey.
Page 18
Koala
Applicant Response:
(i)
Attachment 5).
(ii)
The Keystone Ecological report provides additional mapping of the Eucalyptus tereticornic
Forest Red Gum in the north eastern portion of the site. As a result, a reconfiguration of the
Masterplan for the subdivision was undertaken which incorporated in particular a
reconfiguration of the Park B area.
The Masterplan reconfiguration provides an enhanced connection between the bush land of
the nature reserve to the east and the habitats of the golf course to the north and beyond. It
is noted that the allotments adjoining Park B have also been reduced in number where they
were fronting Hickey Street. In addition, an amendment has placed Street 6 on the southern
side of Park B which functions as both set back of residential properties and a fire break. The
original Masterplan located allotments backing onto the Park area.
Page 19
Endangered species
Applicant Response:
(i)
Attachment 5).
(ii)
The Keystone Ecological Additional Flora and Fauna Impact Assessment identifies in the
conclusion and recommendations that The proposal is considered unlikely to result in a
significant adverse impact for any matters for import. Thus no further assessment is required;
neither a Species Impact Statement need be prepared under guidelines issued by the NSW
Office of Environment and Heritage, nor a referral to the Commonwealth Department of
Environment and Energy need be pursued.
(iii)
Notwithstanding the conclusion and recommendation identified in item (ii) above, Keystone
Ecological have provided further assessments for Coastal Cypress Pine Forest is a new
matter and Acronychia littoralis has been the subject of exhaustive detailed survey.
Therefore, new Assessments of Significance for these entities are provided. Reference
is made to the Keystone Ecological report section 4 Impact Assessments and Appendix 3
Section 5A Assessments Seven Part Test.
OEH Comments
Vegetation mapping for the subject site should be revised to accurately identify the
location and extent of parent vegetation types and endangered ecological
communities (EECs).
Applicant Response:
(i)
Attachment 5).
Additional targeted flora survey should be undertaken to delineate the location and
extent of EECs on the subject site.
Applicant Response:
(i)
Attachment 5).
Page 20
Endangered ecological communities should be incorporated into retained

vegetated corridors.
Applicant Response:
(i)
Attachment 5).
(ii)
The conclusions and recommendations of the Keystone Ecological report identifies amongst
other matters that While this represents the majority of the vegetation on site, the principles
of avoiding, minimising, mitigating and offsetting environmental impacts have been observed
by the following elements of the proposal and recommendations arising from this
assessment:
20. The best quality habitat of the highest conservation value (Community 190: Coast
21. This area will be further protected from the residential development by a buffer of native
vegetation.
22. A patch of bushland in the north eastern corner has been configured for retention in
broader link to Iluka NR to the east and a direct route from that bushland to the habitats
to the north.
23. The patch of Coastal Cypress Pine Forest EEC on site will be retained and protected.
24. The two large areas of retained vegetation have been located so as to maintain
connectivity for the species of most concern that were recorded on site, being Dromaius
novaehollandiae Emu and Phascolarctos cinereus Koala.
25. Potential adverse impacts on these species will be further mitigated by the
with native trees favoured by Koalas, such as Eucalyptus tereticornis Forest Red Gum
and Corymbia intermedia Pink Bloodwood.
The cause of the wattle dieback should be investigated.

Applicant Response:
(i)
Attachment 5).
(ii)
The Keystone Ecological report has reviewed in further detail the previous sand mining
activities on the subject site and adjacent lands. In particular, review has been undertaken
with respect to sand mining restoration activities and stabilisation works and in these cases
some of the plant species that were introduced to the area.
The focus of the Keystone Ecological Additional Flora and Fauna Impact Assessment was
primarily focusing on the:
Coastal Cypress Pine Forest;

Acronychia littoralis;
Extent and definition of Littoral Rainforest;
Exploration of habitat suitable for Koala;
Exploration of potential impacts on other threatened species recorded during the survey.
As a result, the cause of the wattle dieback was not considered a relative priority that would
add any additional learning for the study assessment at hand.
Page 21
The Flora and Fauna Impact Assessment should be revised to include assessment
of potential impacts on all threatened species likely to occur on site.
Applicant Response:
(i)
Attachment 5).
Additional targeted surveys for Scented Acronychia should be conducted during

the flowering / fruiting season to verify the presence / absence of the species on
the subject site.
Applicant Response:
(i)
Attachment 5).
(ii)
The Keystone Ecological report identifies particular onsite and offsite monitoring of
Acronychia trees to establish wherever practicable the flowering and / or fruit characteristics
of the trees. These assessments were undertaken in an attempt to focus and refine the
identification of the onsite found species.
The overall scale of the development should be reduced and the proposed wildlife
corridor areas expanded to incorporate a greater proportion of biodiversity values
on site including hollow bearing trees, koala food trees and EECs.
Applicant Response:
(i)
Attachment 5).
(ii)
Refer also the response provided for item 5.2.3 above, and the findings contained in the
Keystone Ecological conclusions and recommendations.
The proposed wildlife corridors should be amended to provide contiguous

vegetated links rather than islands of vegetation fragmented by urban
development.
Applicant Response:
(i)
Attachment 5).
(ii)
The Park B area has been reconfigured to have regard to the recommendations of the
Keystone Ecological report. In addition, Park C area has been included to contain the patch
of Coastal Cypress Pine Forest. Park A area has been retained as originally proposed.
Page 22
The total biodiversity impacts, including the indirect impacts, need to be

quantified.
Applicant Response:
(i)
Attachment 5).
Unavoidable biodiversity impacts should be offset using a transparent and

repeatable process in consultation with the consent authority.
Applicant Response:
(i)
Attachment 5).
(ii)
The Masterplan for the proposed development subdivision has been reconfigured to respond
to the input provided by Keystone Ecological and other specialist input. The
recommendations are provided in the Keystone Ecological section 5 Conclusions and
Recommendations.
(iii)
It is noted that during the extensive analysis of the matters relating to the identification of the
Acronychia littoralis, Clarence Valley Council officers were kept informed of the various
onsite investigations and offsite research undertaken in an attempt to confirm the onsite
found Acronychia species. Noting there were no Acronychia littoralis found onsite.
(iv)
The Keystone Ecological Additional Flora and Fauna Impact Assessment identifies certain
vegetation species that would be appropriate for establishment in the proposed development
internal road verge areas and roundabouts. It is further noted that the street verges will
serve a number of purposes beside access, aesthetics and delivery of infrastructure,
including Water Sensitive Urban Design features and bushfire control. The street / road
reserve areas have been carefully located in order to capture the highest value habitats, as
well as provide important corridors for the local movement of fauna. The site is adjacent to,
but not within, a recognised regional wildlife corridor.
(v)
It is recognised the subdivision development will remove highly modified vegetation, resulting
from past clearing, sand mining, poor restoration practices, repeated lot fires and the
continued influence of transformer weeds.
The Keystone Ecological Additional Flora and Fauna Impact Assessment dated 31 October
2016 identifies the principles of avoiding, minimising, mitigating and offsetting environmental
impacts have been observed by the following elements of the proposal:
The best quality habitat of the highest conservation value (Community 190: Coast
Banksia woodland with regenerating elements of Littoral Rainforest EEC) is to be retained
and managed for conservation purposes.
This area will be further protected from the residential development by a buffer of native
vegetation.
A patch of bushland in the north eastern corner has been configured for retention in order
to protect retain all of the Eucalyptus tereticornis Forest Red Gum, provide a broader link
to Iluka NR to the east and a direct route from that bushland to the habitats to the north.
The patch of Coastal Cypress Pine Forest EEC on site will be retained and protected.
The two large areas of retained vegetation have been located so as to maintain
Page 23
Potential adverse impacts on these species will be further mitigated by the

implementation of a landscape plan that includes the planting out of the wide verges with
native trees favoured by Koalas, such as Eucalyptus tereticornis Forest Red Gum and
Corymbia intermedia Pink Bloodwood.
Road reserves along Iluka Road and Elizabeth Street are to remain vegetated and weeds
controlled.
Traffic calming measures will also be employed and the route of traffic flow managed by
road design. These measures will decrease the risk of road trauma.
Domestic pets are to be kept within fenced premises, especially at night.
The replacement with nest boxes of all hollow-bearing trees to be removed. Most hollowbearing trees on site are dead and at risk of falling over in the near future. The proposal
will allow for the replacement of this resource and thus avoid a bottleneck for hollowdependent fauna.
Felled hollow trees will be re-used as terrestrial habitat in the retained vegetation.
Vegetation clearing will be conducted under ecological supervision to protect resident
fauna from direct harm.
Clearing is to be conducted outside of the breeding season of important fauna species,
particularly Dromaius novahollandiae Emu (December to end March).
Lighting is to be a type that minimises spill and glare. This is important for microchirpteran
bats and other nocturnal species.
Water sensitive urban design principles are to be incorporated into the development. This
will minimise the potential indirect impacts to surrounding bushland.
Vegetation management in the APZs is to entail the removal of only the aerial parts of
plants. This will serve as a soil conservation measure.
Dumping of garden refuse in bushland areas is to be prohibited.
Residents are to be encouraged to plant locally native species in their gardens and
particularly avoid heavy nectar-bearing plants (such as Grevillea) in order to avoid
dominance by the aggressive Noisy Miner.
All erosion and sediment controls are to be strictly observed during works.
A preliminary assessment, and potentially an Acid Sulphate Soils (ASS)
Management Plan, should be prepared in relation to the presence of ASS and the
likelihood of disturbing them.
Applicant Response:
To understand whether the site (Lot 99 DP 823635) is influenced by Acid Sulfate Soils (ASS), a field
and laboratory ASS assessment was undertaken by Cardno (NSW / ACT) Pty Ltd (Cardno).
The Acid Sulfate Soil Assessment, Iluka Subdivision, prepared by Cardno (NSW / ACT) Pty Ltd (Ref
CG2590-004) dated 14 September 2016, listed in Attachment 13, identifies no soils with indications
of ASS or PASS were found.
The abovementioned ASS Assessment report by Cardno investigation findings for the site
Subsurface Conditions are as follows:
Page 24
Based on the current assessment and previous investigations of the surrounding area undertaken
by Cardno (Report on PCA and Preliminary Geotechnical Investigation Iluka Subdivision, ref
CGS2590, dated 8 August 2015), the subsurface profile generally comprises the following:
Silty SAND; overlying

SAND.
No soils with visual indicators of ASS or PASS were encountered on the site during the
investigation.
It is noted, acid sulfate soils if found are manageable, and if during the construction phase the
subsurface conditions found differ from those identified in the ASS Assessment by Cardno dated 14
September 2016, further advice could be sought from Cardno or other suitably qualified
geotechnical / geotechnical specialist with appropriate knowledge and qualifications to prepare an
Acid Sulfate Soil Management Plan for the then construction activities.
An aboriginal Cultural Heritage assessment should be undertaken for the proposal.

Applicant Response:
The Birrigan Gargle Local Aboriginal Land Council (BGLALC) have completed the necessary
assessments and protocols to enable it to deal with the land (Lot 99 DP823635). The processes
followed by the BGLALC were also considered and approved by the New South Wales Aboriginal
Land Council.
The BGLALC ability to deal with the land amongst other matters identified the land was not of
cultural significance and could be dealt with by way of subdivision development.
The BGLALC has entered into an agreement with the Stevens Group to undertake the future
subdivision development of the land.
The Birrigan Gargle Aboriginal Land Council (BGLALC), the owners of Lot 99 DP823635, continue
to have an opportunity to provide input into the need to identify and assess the aboriginal cultural
heritage values for the proposed development site and adjoining lands.
The BGLALC have identified scar trees that are of significance to the BGLALC. To date the scar
trees have been identified on the ground by BGLALC representatives and the position of the scar
trees has been located by survey. The scar trees are located partly within Lot 99 DP823635 and
partly within adjoining road reserves.
It is intended the BGLALC will provide input to a management plan to be prepared prior to
construction commencing to guide the management of the construction activities.
The management plan will inform the further input for the scar trees as determined by the BGLALC.
Separately and in parallel with dialogue relating to the scar trees, as a contingency, the BGLALC
are providing input to activities within Lot 99 in relation to aboriginal heritage finds not previously
identified. This input has taken the form of a BGLALC representation being onsite where infield
assessment have required disturbance of the existing ground conditions, such as, geotechnical
testing. The BGLALC representatives have also been present during non-destructive field work,
such as, surveying.
It is proposed the ongoing dialogue with the BGLALC will also facilitate future contingency protocols
and BGLALC presence during the future earthworks activities associated with the subdivision of the
land. Protocols will be prepared with the BGLALC to define the processes if there is an aboriginal
cultural heritage find.
The operational phase of the Community Title subdivision will include the scar tree management
where necessary into the Community Management Statement for the awareness and management
by the future land owners of the subdivision.
Page 25
Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)
Applicant Response:
(i)
Attachment 5).
(ii)
During the investigation into the Acronychia littoralis, Keystone Ecological were in dialogue
with representatives of the Australian Government agency having jurisdiction over the
Environment Protection and Biodiversity Conservation Act (EPBC Act) to ensure full
disclosure was provided in relation to the investigations into the identification of the particular
Acronychia species located onsite.
(iii)
The Keystone Ecological report identifies The proposal is considered unlikely to result in a
significant adverse impact for any matters of import. Thus no further assessment is required:
neither a Species Impact Statement need be prepared under guidelines issued by the NSW
Office of Environment and Heritage nor a referral to the Commonwealth Department of
Environment and Energy need be pursued.
Buffer to Iluka Road
Applicant Response:
(i)
Attachment 5).
(ii)
The Keystone Ecological report confirms that the Road reserve along Iluka Road and
Elizabeth Street are to remain vegetated and weeds controlled.
(iii)
As identified in this submission, it is proposed a positive covenant will be provided over a

part of Iluka Road to enable the members of Community Title Subdivision to be responsible
for maintenance of part the adjoining reserve to the Lot 99 DP823635.
The various vegetation zones are identified on the Onecollective drawing PO147-02(A)
Vegetation Zones. This drawing identifies the spatial position of the various vegetation zone
management regimes.
(iv)
Park B has been widened at the frontage of Iluka Road, and allotments previously separating
Park B from Hickey Street and the golf course area to the north have been removed to
enhance the corridor for fauna movement through the development.
Page 26
Engineering
Traffic
Applicant Response:
i.
Revised Traffic Management Plan

A revised Traffic Assessment Report for Proposed Residential Subdivision at Iluka Road,
Iluka prepared by BJ Bradley and Associates dated 27 September 2016 is listed in
Attachment 7.
The traffic assessment report identifies the proposed subdivision will not have an adverse
influence on the level of service, capacity or level of traffic safety.
The findings of the BJ Bradley and Associates report are as follows taken from section 15.0
Summary and Recommendation (page 12):
15.1 Summary
a) The proposed residential subdivision will provide 156 residential lots with an internal road
system, plus three parks. Vehicular access will be via Hickey Street which will be
constructed to Iluka Road and also via a constructed extension to Micalo Street.
b) A new cycle-way / footpath will be constructed along the eastern side of subdivision road
No. 1 and the southern side of Hickey Street to connect with cycle-way / footpath along
Micalo Street and the cycle-way / footpath on Iluka Road.
c) There will be no individual driveways to Iluka Road.
d) Traffic volumes on Iluka Road in the vicinity of the proposed subdivision area quite low,
with an AADT of approximately 2,000 vehicles per day, equivalent to approximately 200
vehicles two-way in the weekday peaks, as indicated by Clarence Valley Council.
Page 27
e) The RTA Guide for Traffic Generating Developments indicates that traffic generated by
the one hundred and fifty-six (156) residential lots would be approximately 1,404 trips per
day, with 133 trips being in the weekday peak periods. It is estimated that approximately
75% of trips would be to and from the north along Iluka Road in the weekday peak
periods.
f)
The speed zone on Iluka Road north of Elizabeth Street past the site is 80km/h and
50km/h south of Elizabeth Street.
g) The SIDRA simulations indicate that turning facilities would not be required on Iluka
Road as the turning and through volumes will be quite low, and sight distance is
excellent in both directions along Iluka Road.
h) SIDRA simulations indicate that the traffic generated by the proposed subdivision will
have a negligible impact on the operation of the intersection of Hickey Street / Iluka Road
/ Buff Beach Road.
15.2 Recommendation
I recommend the proposed one hundred and fifty-six (156) residential lots subdivision and
one Lot for Community Property (3 parks) in Iluka as being an appropriate development on
the site as it would have no adverse affect on the level of service, capacity or level of traffic
safety of the Iluka Road in the Iluka area.
B J Bradley BE Grad Dip Man MIE Aust
ii.
Traffic Assessment References, Areas and Streets

The Traffic Assessment Report for Proposed Residential Subdivision at Iluka Road, Iluka
prepared by BJ Bradley and Associates, dated 27 September 2016, makes reference to
areas and streets to identify the position and location of particular data used as data inputs to
the Traffic Assessment Report. For example, on page 2 of the report, traffic volumes on Iluka
Road have been obtained courtesy of Clarence Valley Council at the Iluka Road intersection
near Woody Head turn off.
Further, the reference in the Traffic Assessment Report makes to a golf course remote from
Iluka. This reference is used to place the traffic generation in context. The Traffic
Assessment Report identifies traffic surveys were previously undertaken on Clarencetown
Road at Hanleys Creek Road which provides access to several large rural residential
properties in addition to the Dungog Golf Course a 9-hole course and can be used as a
comparison with the Iluka Golf Course.
This is a reasonable and relevant reference in traffic engineering terms to utilise known traffic
survey data where survey data has been obtained for particular projects and used as a
comparison and context relationship with the proposed development.
The assumptions and comparisons are described in the Traffic Assessment Report by BJ
Bradley and Associates dated 27 September 2016.
iii.
Pedestrian Access and Mobility Plan (PAMP)

The Traffic Assessment Report by BJ Bradley and Associates dated 27 September 2016
identifies that the proposed subdivision on Lot 99 DP 823635 will have regard to and connect
with the existing Iluka combined footpath / shared use bicycle path situated in Elizabeth
Street and Micalo Street to the Lot 99 DP823635 subdivision site southern boundary.
It is also noted a new footpath / shared use cycle way will extend through the subdivision
within Street No. 1 which will provide a connection link between Hickey Street and then Iluka
Road, with Micalo Street and Elizabeth Street to the south. The combined footpath / shared
cycle way will be constructed in accordance with the Clarence Valley Council requirements.
Page 28
The Clarence Valley Council has adopted two (2) PAMP plans (refer Attachment 15
Clarence Valley Council Plans) of relevance, these being:
Clarence Valley Council Pedestrian Access and Mobility Plan 2015 Grafton,
South Grafton, Yamba, Maclean, Iluka, Woombah, Ulmarra, Lawrence;
Clarence Valley Council Bicycle Plan 2015 Grafton, South Grafton, Yamba,
Maclean, Iluka, Woombah, Ulmarra, Lawrence.
The Iluka project Masterplan drawing no. PO147-01(A) has been prepared to identify the
position of the footpath / shared bicycle pathway which is to connect to Micalo Street and
Elizabeth Street in the south, be positioned within the verge area on the eastern side of
Street No. 1, and link to Hickey Street to the north, and extend in Hickey Street to the east to
connect to Iluka Road. The provision of this facility will meet the Clarence Valley Council
identified objective and strategy as contained in the Clarence Valley Council Our Community
Plan Objective 2.2
We will have town streets, footpaths and cycleways that are adequate, interconnected and
maintained.
Strategy 2.2.3 Facilitate the enhanced and expansion of accessible walking and cycling
networks where strategically identified and interconnect them with other transport and
recreation.
A copy of the Clarence Valley Council Footpath / Shared Use Iluka plan, and Cycleway
Iluka plan are provided in Attachment 15.
iv.
Proposed Subdivision Development Road Reserve Widths

The Iluka project Masterplan shown on drawing no. PO147-01(A) has been prepared having
regard to the following key objectives and purpose of street corridors:
Streets for Living;

Water Sensitive Urban Design;
Infrastructure Corridors;
Fauna / Flora Corridors.
The urban design of the Masterplan for the Subdivision Development is in compliance with
the relevant provision of SEPP No. 71 Coastal Protection, and the Clarence Valley Council
Local Environmental Plan, and Development Control Plan.
The design of the street corridors and allotment configuration has had regard to, and is
proposed to comply with the Northern Rivers Local Government Development Design and
Construction Manual (NRDC).
The Civil Engineering Report prepared by Burchills Engineering Solutions dated November
2016 (refer Attachment 9 Civil Engineering Report), identifies street corridors with a typical
street cross section profile. The importance of the street corridors is to provide for the
required infrastructure necessary to service the proposed subdivision.
The infrastructure provided incorporates telecommunications, electricity supply, possible
future NBN provisions and Clarence Valley Council infrastructure such as sewerage and
water supply and street lighting requirements.
A Conceptual Stormwater Management Plan prepared by Burchills Engineering Solutions
dated November 2016, has been prepared to demonstrate the utilisation of Water Sensitive
Urban Design (WSUD) within the proposed street network system.
The stormwater water treatment for the proposed subdivision incorporates provision of the
Clarence Valley Council individual lot scale treatment of stormwater quality and control of
development flow. The allotment configuration is such to enable the future stormwater
drainage treatment facilities within the individual lots. This system is also defined and
described by the Conceptual Stormwater Management Plan prepared by Burchills
Engineering Solutions dated November 2016.
Page 29
Drainage
Applicant Response:
i.
Masterplan Configuration
A Conceptual Stormwater Management Plan (CSWMP) dated November 2016 by Burchills
Engineering Solutions has been prepared (refer to Attachment 10).
The CSWMP is based on the Masterplan drawing no. PO147-01 dated Sept 2016 by
Onecollective. Masterplan PO147-01 assumes the Lot 7020 DP1114873 would be available
to be opened as road Hickey Street.
This CSWMP is not dependent upon Lot 7020 DP1114873 being open as road. Lot 7020 can
be excluded without adverse impact on the CSWMP.
ii.
Stormwater Management Plan (SWMP)

The CSWMP has reviewed the hydrology and hydraulics for the site pre-development and
post-development situation. The assessment has also investigated the impact of the
proposed development subdivision on the downstream receiving water.
iii.
Control and Mitigation of Developed Stormwater Quality and Quantity

The CSWMP report conclusions identify as follows:
Page 30
Stormwater Quantity
The proposed development will discharge to the existing Lawful Points of Discharge
(LPD) through proposed undeveloped park areas, therefore maintaining predevelopment discharge conditions;
The peak discharges from the subject site has been mitigated to pre-development levels
for all ARI events;
The maximum water level within the drainage system is within acceptable limits (QUDM
2013); and
Post development risk / flow hazard regime is within acceptable limits (QUDM 2013).
Stormwater Quality
iv.
The Clarence Valley Council water quality objectives are achieved through the
implementation of the following Water Sensitive Urban Design features:
Rainwater tanks;
Grass swales; and
Infiltration trenches.
Drainage system design attributes

The proposed development drainage system design attributes and any assumptions relating
to drainage are contained in the Conceptual Stormwater Management Plan (CSWMP) dated
November 2016 by Burchills Engineering Solutions has been prepared (refer to Attachment
10).
v.
SWMP compatibility with landscape planning

The CSWMP provides reference to the ability of the swales to contain grassed areas and
integrated landscape areas.
A separate Management Plan SQIDs Maintenance Management Plan (SQIDMMP) dated
November 2016 by Burchills Engineering Solutions (refer Attachment 12) contains reference
to suitable plant species. In addition, it is proposed at the detailed design phase suitably
qualified landscape architect will provide input into the landscaping for the proposed
subdivision. This will specifically incorporate landscaping and species that will be compatible
with the Water Sensitive Urban Design features of the stormwater drainage system, and
importantly have regard to local fauna.
vi.
MUSIC modelling Water Quality

The CSWMP has been prepared using a MUSIC model the MUSIC input parameters are
contained in the report. An electronic MUSIC file is to be provided on a separate USB device
for CVC reference.
vii.
Water Sensitive Urban Design Preliminary Details

viii.
Maintenance Management Plans WSUD System

A Management Plan SQIDs Maintenance Management Plan dated November 2016 by
Burchills Engineering Solutions (refer Attachment 12) has been prepared which describes the
maintenance and management methodology for the stormwater quality treatment train
proposed in the Conceptual Stormwater Management Plan.
In particular, the SQIDMMP provides maintenance and management requirements for the
individual lot rainwater tanks and infiltration trenches located in road / street reserves.
Page 31
ix.
Drainage System Preliminary Plans

The reports prepared by Burchills Engineering Solutions contain preliminary stormwater
drainage configuration layouts. These stormwater drainage configurations are identified in
the following reports:
Conceptual Stormwater Management Plan;

SQIDs Maintenance Management Plan; and
Civil Engineering Report.
Water and Sewerage
Applicant Response:
The development subdivision water and sewerage reticulation has been based on the design
parameters identified in the Clarence Valley Council Sewerage and Water Connection and Pressure
Sewerage Policies.
The Civil Engineering Report prepared by Burchills Engineering Solutions dated November 2016
(refer Attachment 9), identifies preliminary water and sewerage reticulation plans for the proposed
subdivision.
The Burchills Engineering Solutions Civil Engineering Report confirms the existing potable water
supply main in Elizabeth Street will be used as the primary connection point for the proposed
subdivision. The report identifies the water supply demand and makes specific reference to the
standards to be adopted for the detailed design of the water supply system.
The report further notes the requirements of the Bushfire Report and the need to ensure fire
hydrants are provided throughout the proposed subdivision in accordance with the relevant CVC
and Australian Standards.
Sewerage reticulation for the proposed subdivision will be to connect with the recently constructed
CVC pressure sewerage facilities. The connection point to be at the intersection of Micalo Street
and Elizabeth Street. The Burchills Engineering Solutions Civil Engineering Report identifies the
sewer demand calculations.
Services
Applicant Response:
(i)
The services for telecommunications, NBNTM, and electricity are to be provide in conduit
locations to the standard location approved by Clarence Valley Council.
(ii)
Electricity
Contact
has
been
made
with
Essential
Energy
(EE)
www.essentialenergy.com.au to provide comment on available electricity services to Lot 99
DP823635.
Page 32
The only advice Essential Energy are in a position to provide relates to the more detailed
subdivision design and construction phase.
Essential Energy will then provide a Notice of Agreement letter for the subdivision.
That is, Essential Energy request the detail design drawings, point of attachment to EE
network, mains location and the location of metering, a copy of the subdivision (linier) plan,
and 88B if applicable.
(iii)
NBN A review of the nbnTM website www.nbnco.com.au indicates Hickey Street and Iluka
Road, Iluka, NSW are serviced by a satellite connection.
It advises Sky MusterTM service is available in the Iluka Road, Iluka area. It further notes
the next step is to contact an internet service provider to order a plan over the nbnTM
network that suits individual needs.
The nbnTM website lists various service providers in the area. The nbnTM website does
identify Iluka (listed as 2YMB region Yamba area where construction scheduled to
commence before end September 2018 Angourie, Freeburn Island, Iluka, Wooloweyah,
Yamba) on its Three Year Plan, published 16 October 2015.
It is notated on the schedule as New FSAs that are not in last 3 announcements for
Brownfields.
The website makes formal application for design processes suggested to be in the order of at
least three (3) months prior to construction.
(iv)
Telecommunications Attempts have been made to seek a response from Telstra in relation
to telecommunications services in the area. To date no response has been received,
specifically from Telstra for telecommunications, with the exception Telstra has advised that
as the development will incorporate greater than 100 allotments, contact will need to be
made directly with NBN Co for servicing the development.
It is noted Telstra provides connection applications through its website for Telstra Smart
Communities. This process is applicable at the next detailed design and construction phase
as it applies to connections to specific allotments.
(v)
The Civil Engineer Report by Burchills Engineering Solutions provides reference to the
provision of utility services and also incorporates comment in relation to the standards for
street lighting proposed for the subdivision.
(vi)
The engineering standards proposed for the design and construction of the development
subdivision will be as defined in the CVC Residential Zones DCP 2011 Part J Subdivision
and Engineering Controls, and the Northern Rivers Design Manuals.
Contamination
Page 33
Applicant Response:
As part of the site analysis of Lot 99 DP 823635, a further evaluation of the subsurface soil
conditions has been undertaken to better understand the potential influence of former sand mining
activities undertaken on Lot 99 DP823635.
The report found Lot 99 DP823635 was not contaminated due to former sand mining activities,
reference is made to the report.
A Field Radiation Survey for Residential Subdivision, Iluka, NSW was prepared by Earth Systems
Consulting Pty Ltd dated September 2016. The Field Radiation Survey for Residential Subdivision,
Iluka NSW by Earth Systems Consulting Pty Ltd dated September 2016 is listed in Attachment 8.
The Earth Systems Consulting Pty Ltd Field Radiation Survey for Residential Subdivision, Iluka
NSW, included field work, desktop study of the history of the site, analysis of site features including
remote sensing, analysis of RADON Gas radiation potential, the measurement of field radiation of a
series of detailed transects over the proposed residential subdivision of Lot 99 DP 823635. The
analysis has had regard to the amended Masterplan where revised from the initial Masterplan
lodged with the original application to the Clarence Valley Council.
Correlation was also made during the analysis of the site by Earth Systems Consulting Pty Ltd with
field testing undertaken by Cardno (NSW / Act) Pty Ltd, and as listed in the report Acid Sulphate
Soil Assessment Iluka Subdivision prepared by Cardno dated 14 September 2016.
The Earth Systems conclusion and recommendation has identified that during construction any
black deposits of mineral sand are examined for radiation activity by Earth Systems to enable
further in-situ assessments for radiation safety/OHS purposes. If any subsoil or excavation materials
are found to be elevated levels of radioactivity, Earth Systems can arrange for the identification,
hazardous waste characterisation and disposal of the sub-soil materials.
It is acknowledged this abovementioned assessment could be undertaken by Earth Systems
Consulting Pty Ltd or other suitably qualified specialist in the radiation survey assessments.
The Construction Management Plans for the project can include as part of the construction
requirements, as recommended by Earth Systems Consulting Pty Ltd, that dust management and
radiation hygiene such as visual inspection for black mineral sand materials during construction
should be included in the construction environmental management plan for the development. This
is a reasonable and proactive approach to manage any potential future identification and
management of material that may have radiation exposure potential.
An extract of the conclusion of the Earth Systems Consulting Pty Ltd taken from item 5. Conclusion,
(page 24 of the report), is as follows:
The annual radiation exposure risk for the background radiation levels found in the local area was
approximately 0.43-0.53 mS/yr which is well under ARPANSA (2008a) guidelines of 1.5-2 mS/yr.
The overall field data results extend to slightly below and slightly above measured background
levels.
The predicated variation of annual radiation exposure in the project area was found to range from
0.35 0.85 mS/yr. The radiation exposure risk map produced in this study, shows that the entire
project area of the proposed development site is under recommended guideline values for public
radiation exposure of 1 mS/yr given by ARPANSA (2002).
The proposed development area is therefore considered safe for the proposed residential and park
land use on the basis of this surface radiation risk assessment.
There was no apparent correlation between elevation and radiation exposure in the dataset that
may be attributable to mining activities.
Page 34
The mining history of the site requires radiation hygiene activities (such as dust prevention) are
maintained in OHS and safety plans during construction and care to be taken when disturbing the
subsurface soils of the project area during excavation for infrastructure such as roads, sewers,
stormwater and other underground services.
The Earth Systems Consulting Pty Ltd recommendations identified the following in item 5.1
Recommendations (page 24 of the report):
The proposed development is safe for residential land use on the basis of the surface
radiation exposure risk.
The construction phase environmental management plan and OHS risk assessment include
visual identification of black mineral sand materials unearthed during excavations.
Dust minimisation practices are employed at the site during construction.
Any black deposits of mineral sand unearthed during excavation are examined for radiation
activity by Earth Systems to enable further in-situ assessments for radiation safety/OHS
purposes.
If any sub-soil or excavation materials at the development site are found to be elevated in
levels of radioactivity, Earth Systems will arrange for the identification, hazardous waste
characterization and safe disposal of the sub-soil materials.
Bushfire
Applicant Response:
The Iluka project Masterplan drawing no. PO147-01(A) has been amended to have regard to
retaining the existing bushfire trail located between Elizabeth Street near its intersection with Micalo
Street, and where it connects to Iluka Road.
It is now proposed the existing bushfire trail would remain generally in its current position, with
minor realignment of the existing bushfire trail within Lot 99 to retain its functionality and capability
to act as a bushfire access corridor. The amended Masterplan drawing no. PO147-01(A) identifies
the location of the retained existing bushfire trail (shown with green dash line).
The existing bushfire trail access connection to Iluka Road is maintained in its current position.
There is an emergency access only driveway to be provided to connect Elizabeth Street with Street
3.
A further analysis of the bushfire hazard that may be associated with the proposed Iluka subdivision
on Lot 99 DP 823635 has been undertaken to consider and analyse the proposed amended
Masterplan PO147-01(A).
Page 35
The assessment has been made in the Bushfire Hazard Assessment Report, Proposed Residential
Subdivision, Lot 99 DP 823635, Hickey Street, Iluka NSW, prepared by Building Code and Bushfire
Hazard Solutions Pty Limited, dated 26 September 2016 refer to the report listed in Attachment 6.
The conclusions by Building Code and Bushfire Hazard Solutions Pty Limited identified in the
abovementioned report dated 26 September 2016, and noting given that the property is deemed
bushfire prone under Clarence Valley Councils Bushfire Prone Land Map any development would
need to meet the requirements of Planning for Bush Fire Protection 2006 and of the construction
requirements of Australian Standard 3959 Construction of buildings in bushfire-prone areas - 2009
if any are applicable.
Further the conclusions identify in accordance with the bushfire safety measures contained in this
report, and consideration of the site specific bushfire risk assessment it is our opinion that when
combined, they will provide a reasonable and satisfactory level of bushfire protection to the subject
development and also satisfy both the Rural Fire Services concerns and those of Council in this
area. We are therefore in support of the development application.
The Bushfire Hazard Assessment Report, Proposed Residential Subdivision, Lot 99 DP 823635,
Hickey Street, Iluka NSW, prepared by Building Code and Bushfire Hazard Solutions Pty Limited,
dated 26 September 2016, also identifies certain recommendations, these include the following:
Asset Protection Zones
1.
2.
2.
3.
A restriction to the land use pursuant to section 88B of the Conveyancing Act 1919 shall be
placed on all residential lots within the subdivision that are impacting by the asset protection
zones (APZ) as identified on the attached plan.
That a Bushfire Management Plan be prepared and referenced referenced in the Community
Management Statement (CMS). This plan will specify that the community association is
responsible for maintaining the areas defined as an APZ within proposed Lot 1 and road
reserves as depicted on the attached plan.
All APZs shall be managed as an Inner Protection Area as outlined within section 4.1.3 and
Appendix 5 of Planning for Bush Fire Protection 2006 and the NSW Rural Fire Service's
document Standards for asset protection zones.
That any new landscaping is to comply with Appendix 5 Landscaping and Property
Maintenance under Planning for Bushfire Protection 2006.
Access
4.
5.
6.
That the proposed road design complies with the Masterplan prepared by One Collective
(dwg no PO147-01, dated September 2016).
Public road access shall comply with section 4.1.3 (1) of Planning for Bush Fire Protection
2006.
The extension of Hickey Street shall comply with section 4.1.3 (1) of Planning for Bush Fire
Protection 2006.
Services
7.
That electricity and gas are to comply with section 4.1.3 of Planning for Bush Fire Protection
2006.The following are the requirements for the relevant services.
Electricity:
Where practicable, electrical transmission lines are underground.

Where overhead electrical transmission lines are proposed:
lines are installed with short pole spacing (30 metres), unless crossing gullies,
gorges or riparian areas; and
no part of a tree is closer to a power line than the distance set out in accordance
with the specifications in Vegetation Safety Clearances issued by Energy Australia
(NS179, April 2002).
Page 36
Gas:
Reticulated or bottled gas is installed and maintained in accordance with AS 1596 and
the requirements of relevant authorities.
Metal piping is to be used.
All fixed gas cylinders are kept clear of all flammable materials to a distance of 10
metres and shielded on the hazard side of the installation.
If gas cylinders need to be kept close to the building, the release valves are directed
away from the building and at least 2 metres away from any combustible material, so
that they do not act as a catalyst to combustion. Connections to and from gas cylinders
are metal.
Polymer sheathed flexible gas supply lines to gas meters adjacent to buildings are not
used.
Water:
That the new hydrant sizing, spacing and pressures must comply with AS2419.1
2005.
Adjoining Crown Lands

It is further advised in relation to the Information Request by the Clarence Valley Council, relating to
3.7 Bushfire, the following items are provided with a clarification response in relation to no impact on
adjoining Crown Lands:
i.
Remove any vegetation from adjoining Crown Land It is not proposed to remove any
vegetation from adjoining Crown Land to Lot 99 DP 835635. The development is not reliant
on any vegetation removal of adjoining land. The only removal within specific parts of road
reserves adjacent to Lot 99 of vegetation will be vegetation identified as weeds and / or other
exotic species not suitable for retention. Any such management will be undertaken with the
approval of the relevant authority having jurisdiction over that area.
ii.
Stockpile materials, equipment or machinery on adjoining Crown Land It is not

proposed to stockpile materials, equipment or machinery on any adjoining Crown Land. The
construction activities within Lot 99 are proposed to be conducted within the property
boundaries of Lot 99, and are not proposed to extend into adjacent lands owned identified as
Crown Land.
iii.
Direct stormwater discharges onto adjoining Crown Land It is not proposed to direct
stormwater drainage onto any adjoining Crown Land. Stormwater is proposed to be managed
within Lot 99 in accordance with the Conceptual Stormwater Management Plan prepared by
Burchills Engineering Solutions.
iv.
Use the adjoining Crown Land as an asset protection zone It is not proposed to use Lot
7019 DP 1114862 or Lot 7018 DP 1115127 as an asset protection zone. The asset
protection zones proposed for the subdivision of Lot 99 DP 823635 are shown on the Iluka
project Vegetation Zones drawing no. PO147-02(A).
v.
Restrict public use and access of the adjoining Crown Land The applicant is not aware
of any specific public use and access requirements may be applicable to adjoining Crown
Land to Lot 99 DP 823635. It is not proposed that any works within Lot 99 or adjacent to and
connection with the roads connecting Lot 99 such as Elizabeth Street, Micalo Street and
Hickey Street, will restrict any existing public use and access of adjoining Crown Land to Lot
99 DP823635.
Page 37
Heritage
Applicant Response:
Land Council.
Separately and in parallel with dialogue relating to the scar trees, as a contingency, the BGLALC
are providing input to activities within Lot 99 in relation to aboriginal heritage finds not previously
identified. This input has taken the form of a BGLALC representation being onsite where infield
assessment have required disturbance of the existing ground conditions, such as, geotechnical
testing. The BGLALC representatives have also been present during non-destructive field work,
such as, surveying.
Page 38
Maintenance of Open Space / Reserve Areas
Applicant Response:
The applicant has taken notice of the Clarence Valley Council Information Request relating to
maintenance of open space / reserve areas, including that Council is not generally supportive of
taking on additional reserve areas outside of the road network and would encourage you to consider
providing long term arrangements in private ownership to manage the retained habitat areas.
It is proposed the development indicated on the Masterplan drawing no. PO147-01(A) will be a
Community Title Subdivision. It will be subdivided and managed through the various instruments
associated with the Community Land Development Act 1989 (NSW) and Community Land
Management Act 1989. In essence this will be by way of a Community Management Statement
(CMS).
Amongst other matters, The Community Management Statement will incorporate various bylaws
that will relate to the control and preservation of the essence of the Community Scheme. Amongst
other matters to be included in the Community Management Statement, it will incorporate:
Landscape Guidelines;
Bushfire Management Plan;
Park Management Plan including for managing for flora and fauna, weed control and
habitat improvements.
The particular park areas described on the Masterplan PO147-01(A) as Park A, Park B, and Park C,
are proposed to be contained within part of Lot 1 of the future Community Title Subdivision Plan.
Ownership of Lot 7020 DP1114873
Page 39
Applicant Response:
At the time of submission of this agency Information Request Response, the NSW Department of
Primary Industry Lands (DPI Lands) were not in a position to provide the land owners consent
for the land described as Lot 7020 DP1114873. It is noted the DPI Lands and Clarence Valley
Council are continuing with discussions relating to the procedure to enable the process for Lot 7020
to be possible for designation as road.
As a result, there has been a Masterplan prepared for the development that does not rely upon,
need to be included, and excludes Lot 7020 DP1114873 from the development.
The revised Masterplan PO147-01(A) dated October 2016 by Onecollective does not rely on
inclusion or incorporation of Lot 7020 into the development. As such the development application
can be assessed and approved accordingly.
To enable the various specialists to progress their respective assessments to respond to the agency
information requests, a Masterplan PO147-01 was prepared which included Lot 7020 DP1114873
and indicated its designation as road. Some specialist reports in this Information Request Response
submission contain references to this other Masterplan PO147-01.
It is noted the Masterplan PO147-01(A) without the inclusion of Lot 7020 DP1114873 is not in any
way adversely impacted by Lot 7020 exclusion.
It is further noted the specialist assessments recognise that whether Lot 7020 is not included or is
included its relationship does not adversely impact the proposed development.
The various specialist reports indicate that if at some time in the future Lot 7020 was available
through the required statutory processes to be road, then such a designation and physical works
could proceed with no adverse impact on the development as proposed on Masterplan PO14701(A).
It is therefore noted this Information Request Response be read in context with the timing for
consideration of the designation of Lot 7020 DP1114873. The submitted Masterplan PO147-01(A)
does not include Lot 7020 and the proposed development subdivision is sustainable.
Page 40
6.0
NSW RURAL FIRE SERVICE INFORMATION REQUEST 2 MARCH 2016

Fire Trail
Applicant Response:
The fire trail as it currently exists and is situated within Lot 99 DP 823635 is proposed to continue to
be maintained as a fire trail. The Iluka Project Masterplan drawing no. PO147-01(A) identifies the
retention of the existing fire trail in the south-eastern portion of Lot 99. Its retention will maintain the
existing bushfire trail access to Iluka Road.
The Iluka project Masterplan drawing no. PO147-01(A) has been amended to have regard to
retaining the existing bushfire trail located between Elizabeth Street near its intersection with Micalo
Street, and connects to Iluka Road.
The existing bushfire trail would remain generally in its current position, with minor realignment of
the existing bushfire trail within Lot 99 to retain its functionality and capability to act as a bushfire
access corridor. The amended Masterplan drawing no. PO147-01(A) identifies the location of the
retained existing bushfire trail (shown with green dash line). It is also noted that the existing bushfire
trail access connection to Iluka Road is maintained in its current existing position.
The assessment has been made in the Bushfire Hazard Assessment Report, Proposed Residential
Subdivision, Lot 99 DP 823635, Hickey Street, Iluka NSW, prepared by Building Code and Bushfire
Hazard Solutions Pty Limited, dated 26 September 2016 refer to the report listed in Attachment 6.
Page 41
7.0
NSW OFFICE OF ENVIRONMENT & HERITAGE INFORMATION REQUEST 3

MARCH 2016
Summary OEH Matters
Vegetation mapping for the subject site should be revised to accurately identify the
location and extent of parent vegetation types and endangered ecological
communities (EECs).
Applicant Response:
(i)
Attachment 5).
Additional targeted flora survey should be undertaken to delineate the location and
extent of EECs on the subject site.
Applicant Response:
(i)
Attachment 5).
Endangered ecological communities should be incorporated into retained

vegetated corridors.
Applicant Response:
(i)
Attachment 5).
(ii)
The conclusions and recommendations of the Keystone Ecological report identifies amongst
other matters that While this represents the majority of the vegetation on site, the principles
of avoiding, minimising, mitigating and offsetting environmental impacts have been observed
by the following elements of the proposal and recommendations arising from this
assessment:
20. The best quality habitat of the highest conservation value (Community 190: Coast
21. This area will be further protected from the residential development by a buffer of native
vegetation.
22. A patch of bushland in the north eastern corner has been configured for retention in
broader link to Iluka NR to the east and a direct route from that bushland to the habitats
to the north.
23. The patch of Coastal Cypress Pine Forest EEC on site will be retained and protected.
24. The two large areas of retained vegetation have been located so as to maintain
25. Potential adverse impacts on these species will be further mitigated by the
with native trees favoured by Koalas, such as Eucalyptus tereticornis Forest Red Gum
and Corymbia intermedia Pink Bloodwood.
Page 42
The cause of the wattle dieback should be investigated.

Applicant Response:
(i)
Attachment 5).
(ii)
The Keystone Ecological report has reviewed in further detail the previous sand mining
activities on the subject site and adjacent lands. In particular, review has been undertaken
with respect to sand mining restoration activities and stabilisation works and in these cases
some of the plant species that were introduced to the area.
The focus of the Keystone Ecological Additional Flora and Fauna Impact Assessment was
primarily focusing on the:
Coastal Cypress Pine Forest;

Acronychia littoralis;
Extent and definition of Littoral Rainforest;
Exploration of habitat suitable for Koala;
Exploration of potential impacts on other threatened species recorded during the survey.
The Flora and Fauna Impact Assessment should be revised to include assessment
of potential impacts on all threatened species likely to occur on site.
Applicant Response:
(i)
Attachment 5).
Additional targeted surveys for Scented Acronychia should be conducted during

the flowering / fruiting season to verify the presence / absence of the species on
the subject site.
Applicant Response:
(i)
Attachment 5).
(ii)
The Keystone Ecological report identifies particular onsite and offsite monitoring of
Acronychia trees to establish wherever practicable the flowering and / or fruit characteristics
of the trees. These assessments were undertaken in an attempt to focus the identification of
the found species onsite.
Page 43
The overall scale of the development should be reduced and the proposed wildlife
corridor areas expanded to incorporate a greater proportion of biodiversity values
on site including hollow bearing trees, koala food trees and EECs.
Applicant Response:
(i)
Attachment 5).
(ii)
Refer also the response provided for item 5.2.3 above, and the findings contained in the
Keystone Ecological conclusions and recommendations.
The proposed wildlife corridors should be amended to provide contiguous

vegetated links rather than islands of vegetation fragmented by urban
development.
Applicant Response:
(i)
Attachment 5).
(ii)
The Park B area has been reconfigured to have regard to the recommendations of the
Keystone Ecological report. In addition, Park C area has been included to contain the patch
of Coastal Cypress Pine Forest. Park A area has been retained as originally proposed.
The total biodiversity impacts, including the indirect impacts, need to be

quantified.
Applicant Response:
(i)
Attachment 5).
Unavoidable biodiversity impacts should be offset using a transparent and

repeatable process in consultation with the consent authority.
Applicant Response:
(i)
Attachment 5).
(ii)
The Masterplan for the proposed development subdivision has been reconfigured to respond
to the input provided by Keystone Ecological and other specialist input. The
recommendations are provided in the Keystone Ecological section 5 Conclusions and
Recommendations.
(iii)
It is further noted that during the extensive analysis of the matters relating to the identification
of the Acronychia littoralis Council officers were informed of the various onsite investigations
and offsite research that was undertaken in an attempt to confirm the found onsite
Acronychia species. Noting that there were no Acronychia littoralis found onsite.
Page 44
(iv)
The Keystone Ecological Additional Flora and Fauna Impact Assessment identifies certain
vegetation species that would be appropriate for establishment in the proposed development
internal road verge areas and roundabouts. It is further noted that the street verges will
serve a number of purposes beside access, aesthetics and delivery of infrastructure,
including Water Sensitive Urban Design features and bushfire control. The street / road
reserve areas have been carefully located in order to capture the highest value habitats, as
well as provide important corridors for the local movement of fauna. The site is adjacent to,
but not within, a recognised regional wildlife corridor.
A preliminary assessment, and potentially an Acid Sulphate Soils (ASS)

Management Plan, should be prepared in relation to the presence of ASS and the
likelihood of disturbing them.
Applicant Response:
To understand whether the site (Lot 99 DP 823635) is influenced by Acid Sulfate Soils (ASS), a field
and laboratory ASS assessment was undertaken by Cardno (NSW / ACT) Pty Ltd (Cardno).
The Acid Sulfate Soil Assessment, Iluka Subdivision, prepared by Cardno (NSW / ACT) Pty Ltd (Ref
CG2590-004) dated 14 September 2016, listed in Attachment 13, identifies no soils with indications
of ASS or PASS were found.
The abovementioned ASS Assessment report by Cardno investigation findings for the site
Subsurface Conditions are as follows:
Based on the current assessment and previous investigations of the surrounding area undertaken
by Cardno (Report on PCA and Preliminary Geotechnical Investigation Iluka Subdivision, ref
CGS2590, dated 8 August 2015), the subsurface profile generally comprises the following:
Silty SAND; overlying

SAND.
No soils with visual indicators of ASS or PASS were encountered on the site during the
investigation.
It is noted, acid sulfate soils if found are manageable, and if during the construction phase the
subsurface conditions found differ from those identified in the ASS Assessment by Cardno dated 14
September 2016, further advice could be sought from Cardno or other suitably qualified
geotechnical / geotechnical specialist with appropriate knowledge and qualifications to prepare an
Acid Sulfate Soil Management Plan for the then construction activities.
An aboriginal Cultural Heritage assessment should be undertaken for the proposal.

Applicant Response:
Land Council.
Page 45
Separately and in parallel with the dialogue relating to the scar trees, as a contingency, the
BGLALC are providing input to activities within Lot 99 in relation to aboriginal heritage finds not
previously identified. This input has taken the form of a BGLALC representation being onsite where
infield assessment have required disturbance of the existing ground conditions, such as,
geotechnical testing. The BGLALC representatives have also been present during non-destructive
field work, such as, surveying.
Page 46
8.0
NSW DEPARTMENT OF PRIMARY INDUSTRIES LANDS INFORMATION REQUEST

21 MARCH 2016
Lot 7020 DP1114873 To be opened as road
Applicant Response:
i.
Ownership of Lot 7020 DP1114873 the ownership of Lot 7020 DP 1114873 is noted to
be under the jurisdiction of Crown Lands and as such is not currently available for legal
public access.
ii.
Clarence Valley Council and DPI - Lands meeting It is noted a further meeting has
been held between the Clarence Valley Council and the Department of Primary Industries Lands in relation to the mechanism available to reinstate Lot 7020 DP 1114873 as road.
iii.
At the time of submission of this agency Information Request Response, the NSW
Department of Primary Industry Lands (DPI Lands) were not in a position to provide the
land owners consent for the land described as Lot 7020 DP1114873. It is noted the DPI
Lands and Clarence Valley Council are continuing with discussions relating to the
procedure to enable the process for Lot 7020 to be possible for designation as road.
As a result, there has been a Masterplan prepared for the development that does not rely
upon, and excludes Lot 7020 DP1114873 from the development.
The revised Masterplan PO147-01(A) dated October 2016 by Onecollective does not rely
on inclusion or incorporation of Lot 7020 into the development. As such the development
application can be assessed and approved accordingly.
To enable the various specialists to progress their respective assessments to respond to
the agency information requests, a Masterplan PO147-01 was prepared which included Lot
7020 DP1114873 and indicated its designation as road. Some specialist reports in this
Information Request Response submission contain references to this Masterplan PO14701.
The Masterplan PO147-01(A) without the inclusion of Lot 7020 DP1114873 is not in any
way adversely impacted by the Lot 7020 exclusion.
It is further noted the specialist assessments recognise that whether Lot 7020 is not
included or is included its relationship does not adversely impact the proposed
development.
Some of the specialist reports indicate that if at a time in the future Lot 7020 was available
through the required statutory processes to be road, then such a designation and physical
works could proceed with no adverse impact on the development as proposed on
Masterplan PO147-01(A).
Page 47
It is therefore noted this Information Request Response be read in context with the timing
for consideration of the determination of designation of Lot 7020 DP1114873. The
submitted Masterplan PO147-01(A) does not include Lot 7020 and the proposed
development subdivision is sustainable.
DPI Lands position in relation to Crown Roads
Applicant Response:
The applicant notes the Department of Primary Industries Lands does not wish to be party to the
development. It is noted the Department has requested that Development Approval be contingent
on the transfer of all constructed and unconstructed Crown Roads to service the subdivision to the
control of the Clarence Valley Council, as the appropriate Roads Authority.
These matters are for the attention of the Clarence Valley Council and the Department.
Adjoining Crown Lands
Applicant Response:
i.
Lot 7020 DP 1114873 Refer to response provided in item 5.10 and 8.1.
ii.
Lot 7018 DP 1115127 It is not proposed to enter upon or adversely impact Lot 7018 DP
1115127. The works the subject of the subdivision development are to be fully contained
within Lot 99 DP 823635, and approved works in adjoining existing road reserves.
iii.
Lot 7019 DP 1114862 - It is not proposed to enter upon or adversely impact Lot 7019 DP
1114862. The works the subject of the subdivision development are to be fully contained
within Lot 99 DP 823635, and approved works in adjoining existing road reserves.
Page 48
Adjacent Crown Lands
Applicant Response:
It is noted in relation to the various Crown Land Lots referred to in item 8.4 (above), it is not
intended to impact on any of the Crown Land allotments listed. The works the subject of the
subdivision development are to be fully contained within Lot 99 DP 823635, and approved works in
adjoining existing road reserves.
Page 49

02 - 161101 Hickey Street, Iluka - Information Request Response

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02 - 161101 Hickey Street, Iluka - Information Request Response

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1 November 2016

Lot 99 DP823635, Hickey Street

Residential Subdivision and New Roads

Hickey Street, Iluka Information Request Response 1 November 2016

EXECUTIVE SUMMARY ........................................................................................................ 2

ILUKA SUBDIVISION DEVELOPMENT ................................................................................. 7

STATUTORY PROVISIONS ................................................................................................. 14

CLARENCE VALLEY COUNCIL INFORMATION REQUEST 30 MARCH 2016 ........... 17

NSW Rural Fire Service Information Request 2 March 2016 ......................................... 41

NSW Office of Environment & Heritage Information Request 3 March 2016................. 42

Ocean Park Consulting Pty Limited

Hickey Street, Iluka Information Request Response 1 November 2016

Clarence Valley Council letter 30 March 2016

NSW Rural Fire Service letter 2 March 2016

NSW Office of Environment & Heritage letter 3 March 2016

NSW Department of Primary Industries Lands letter 21 March 2016

Additional Flora and Fauna Impact Assessment Keystone Ecological

Bushfire Hazard Assessment Report - Building Code & Bushfire Hazard

Traffic Assessment Report - BJ Bradley & Associates

Field Radiation Survey Report - Earth Systems

Civil Engineering Report - Burchills Engineering Solutions

Attachment 10 Conceptual Stormwater Management Plan - Burchills Engineering Solutions

Ocean Park Consulting Pty Limited

Hickey Street, Iluka Information Request Response 1 November 2016

Stevens Holdings Pty Limited

Property Land Owner

Birrigan Gargle Local Aboriginal Land Council

19.441 Ha (subject to survey)

Iluka, New South Wales

Clarence Valley Council

Vacant Land Vegetation cover

Zone R2 Low Density Residential pursuant to Clarence Valley Local

Ocean Park Consulting Pty Limited

Hickey Street, Iluka Information Request Response 1 November 2016

Information Request Response

Development Property Description

The property description of the proposed development is Lot 99 DP823635.

Development Staging Plan

Subdivision Title arrangements - the subdivision is to be a Community

Management and maintenance of the Community Title Subdivision

Management and maintenance of identified parts of adjoining

Cultural Heritage Management to be described and implemented

Ocean Park Consulting Pty Limited

Hickey Street, Iluka Information Request Response 1 November 2016

Ecological Management Through an integrated approach the

No change to the configuration of reserve along the western

An additional area is to be reserved in Park C. This area of 0.25

The exclusion of development along the Elizabeth Street road

Bushfire Management incorporates the recommendations of the

Traffic and Pedestrian Management the street configuration adopts

Ocean Park Consulting Pty Limited

Hickey Street, Iluka Information Request Response 1 November 2016

Water Quality and Quantity Management the stormwater drainage

Residual Mining Activities has been assessed. There are no

Geotechnical Management further assessments of the site have

Regard to adjoining land tenure The amended Masterplan no.

Ocean Park Consulting Pty Limited

Hickey Street, Iluka Information Request Response 1 November 2016

Agency Information Requests

Clarence Valley Council letter 30 March 2016

NSW Rural Fire Service letter 2 March 2016

NSW Office of Environment & Heritage letter 3 March 2016

NSW Department of Primary Industries Lands 21 March 2016