PO Box 591|Moruya NSW 2537

0408258877|zenithplan@bigpond.com|www.zenithplan.com.au

STATEMENT OF ENVIRONMENTAL EFFECTS

Lot 4 DP 583678, ‘Sherringham’, 198-244 Sherringham Lane, Central Tilba

Proposed 2 lot subdivision to excise Sherringham Farmhouse and Garden

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TABLE OF CONTENTS

1. Purpose and scope _____________________________________________________ 1 1.1 Overview ____________________________________________________________________1

1.2 Scope of the report __________________________________________________________ 1

2. Site description, location and context ___________________________________ 2 2.1 Site description _______________________________________________________________2

2.2 Location and context ________________________________________________________ 4

3. Details of the proposed development ____________________________________ 5 3.1 Land use ____________________________________________________________________ 5

3.2 Access and parking arrangements ____________________________________________6

3.3 Services _____________________________________________________________________6

4. Site assessment ________________________________________________________ 7 4.1 Landform and vegetation ____________________________________________________7

4.2 Ecological assessment ________________________________________________________7

4.3 Natural hazards ______________________________________________________________9

4.4 Heritage ____________________________________________________________________10

5. Section 79C assessment ______________________________________________ 14 Attachment 1 - Site photographs

Document Details & History

Project number 0116

Project title Two lot subdivision

Document title Statement of Environmental Effects

Client Norm & Kathy Hoyer

Author Allen Grimwood

ABN 23 645 238 589

Version

Draft 19 April 2016

Final 8 December 2016

The contents of this report are Commercial in Confidence and are only to be used for the express purpose of supporting

the respective project, planning proposal or development application described above. The contents are not to be

reproduced or provided to any party other than in relation to the project or development application described above

except with the prior written approval of Zenith Town Planning.

The report has been prepared using information supplied by the client and other stakeholders. All care is taken to ensure

the accuracy and veracity of this information, however, no responsibility is accepted for the interpretation of that

information by end users.

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1. Introduction

1.1 Overview

The purpose of this Statement of Environmental Effects is to support an application to

Eurobodalla Shire Council for the subdivision of the historic property known as ‘Sherringham’ in

Central Tilba.

This statement has been prepared with reference to advice provided by Eurobodalla Shire

Council regarding the development proposal that was provided in writing dated 5 November

2015 and subsequent verbal advice provided by Council officers and Council’s Heritage

Adviser.

The application is for integrated development as a bushfire safety authority is required to be

issued by the NSW Rural Fire Service for subdivision of bushfire prone land.

1.2 Scope of the report

The scope of this report is to describe the location and physical characteristics of the site on

which the development is proposed, identify relevant provisions of plans and policies applying

to the land, discuss any possible environmental impacts of the development and proposed

servicing arrangements.

An assessment against the matters for consideration listed in section 79C of the Environmental

Planning and Assessment Act 1979 is provided with a view to securing development consent for

the proposed activities.

This statement is accompanied by the following documents which support the development

application and have been submitted under separate cover:

• Development application form,

• Plan of proposed subdivision, prepared by John Healey & Associates,

• Conservation Management Strategy, prepared by Philip Leeson Architects Pty Ltd and

Zenith Town Planning, and

• Bushfire Assessment Report, South Coast Building Approvals & Inspections.

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2. Site description, location and context

2.1 Site description

The site is described as Lot 4 DP 583678, ‘Sherringham’, 198-244 Sherringham Lane, Central Tilba

and is located east of the Princes Highway and the village of Central Tilba. It is irregular in

shape.

Several structures exist on the site. The main buildings are the primary historic dwelling with a

detached garage, a dual occupancy dwelling that is occupied by the farm managers, and

several farm structures.

The property is shown shaded yellow in Figure 1 below and edged in red in Figure 2.

Figure 1: Cadastral image. Lot 4 DP 583678 is shaded yellow. Source: Six Maps, NSW Government

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Figure 2: Aerial image of Lot 4 DP 583678. Source: Six Maps, NSW Government

The property is accessed via Sherringham Lane which connects to the Princes Highway east of

Central Tilba opposite Corkhill Drive. Unformed Crown roads divide the property and separate

the north-western corner and an eastern section along the foreshore of the Tasman Sea.

Reticulated water and sewer services are not provided to the property.

Potable water is captured in rainwater tanks and effluent is disposed of on-site by way of a

septic system. The land is bushfire prone, is within the coastal zone and is mapped as a sensitive

coastal location.

Sherringham Farmhouse and Silos are listed as Item 76 of local heritage significance in

Eurobodalla Local Environmental Plan 2012. The item is of value for its association with early

agricultural endeavours in the Tilba district and is possibly the site of first European settlement in

the area. Peter Freeman & Partners noted in the Tilba Conservation Area Heritage Study 1992

that the farmhouse is historically significant as an early example of slab construction.

Sherringham is still used for agricultural purposes as are surrounding properties. A second

dwelling exists on the property to the north of Sherringham farmhouse and is occupied by the

managers of the farm. The original silo was fabricated of tin with timber frames. A second silo

was built in 1918 using tin. These two silos self-combusted in 2006 and no longer exist. They have

been replaced with modern silos that are still in use.

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An early parish map shows an allotment of 16 acres (6.4 hectares) that was occupied by

Sherringham farmhouse. Most of these early portions have been consolidated into larger lots

over time.

Figure 3: Early parish map (unknown date) showing Lot 467 in the name of Hoyer that was occupied by

Sherringham farmhouse

2.2 Location and context

Sherringham and other farms situated east of the Princes Highway are of historic significance

and have contributed to the development of the villages of Central Tilba and Tilba Tilba as well

as the rural landscape character of the Tilba district. Other neighbouring farms and structures

listed as heritage items in Eurobodalla Local Environmental Plan 2012 include Haxstead, Henkley

and Lustleigh Park. Sherringham farm is located outside the boundaries of the Tilba

Conservation Area which covers land predominantly west of the Princes Highway.

The property extends onto Wallaga Beach to the east to the high water mark of the ocean and

is separated from the ocean by a thin strip of foreshore reserve that appears to be unzoned.

There are views over the foreshore, ocean and rural landscape from the farmhouse and other

buildings. The property also has a frontage to Little Lake and includes a portion of Bobundara

Creek and surrounding wetland at its southern extent.

Adjoining land is variously zoned for rural uses, environmental protection and partly deferred

from zoning under Eurobodalla LEP 2012. An Aboriginal heritage conservation area is partly

within Lot 4 at the north-western corner and extends beyond Lot 4 into adjoining land.

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3. Details of the proposed development

3.1 Land use

The proposed development comprises a two lot subdivision to excise the historic Sherringham

farmhouse and its curtilage on a new allotment of 9 hectares in area. The lot would be roughly

square in shape with boundaries that follow the approximate lines of original vegetation that

defined the curtilage to the farmhouse. The proposed plan of subdivision is shown in Figure 4

below.

Figure 4: Proposed plan of subdivision. Source: John Healey & Associates

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It is proposed that Lot 2, the residue allotment, will have an area of 180 hectares. The farm

managers’ residence will be located within proposed Lot 2.

The proposal is integrated development as approval is required from the NSW Rural Fire Service

as well as Eurobodalla Shire Council. A bushfire safety authority is to be issued under section

100B of the Rural Fires Act 1997.

3.2 Access and parking arrangements

Sherringham Lane does not follow the Crown road reserve shown on cadastral maps. The

eastern boundary of the proposed Lot 1 adjoins an unformed road reserve. A right of

carriageway is required to be created over the existing accessway within proposed Lot 2 where

it is used to gain access to Lot 1 to provide legal and practical access extending from the

driveway to Sherringham farmhouse as far as nearest gate to the west. There will be no physical

change to existing access driveways or parking areas.

3.3 Services

Existing water, wastewater and sewer services will be maintained without change.

Telecommunications and electricity are available to the site and are provided by Telstra and

Essential Energy respectively. There will be no change to these arrangements for the provision of

these services other than the creation of an easement extending from the transformer located

in dairy buildings to the dwelling. The easement will encompass existing low voltage overhead

power lines. A separate meter would also be installed at Sherringham farmhouse.

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4. Site assessment

4.1 Landform and vegetation

The site is gently undulating typical of the Tilba district rural landscapes. Category 2 and 3

watercourses cross lie within site and a wetland occupies a large portion of the southern part of

the site as shown in Figure 5 below. Category 2 watercourses are shown as green lines and

category 3 as blue lines.

Figure 5: Extract from the Wetlands Map, Riparian Lands and Watercourses Map CLI_014

The light blue patch shown in Figure 5 that lies across the southern half of the property is wetland.

This is protected under State Environmental Planning Policy No 14 – Coastal Wetlands.

4.2 Ecological assessment

The proposed development is located in the approximate centre of the property in the vicinity

of existing built structures associated with agricultural uses. The vegetation in this central area

comprises a mix of native and exotic plant species, with predominantly exotic species within

the garden inside the fenced yard of the farmhouse. There is no change proposed to this

garden.

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The northern half of the property is mostly cleared and sown with pasture grasses. Some

patches of native vegetation remain scattered across this area. The southern half of the

property is mapped as containing an endangered ecological community. This has been

identified as being ‘sand-dune wetlands’ in EEC mapping carried out by NGH Environmental in

2006. Figure 6 below shows remnant native vegetation in light green and the endangered

ecological community corresponding with the wetland and the riparian corridor of Bobundra

Creek as dark green.

Figure 6: Extract from the Terrestrial Biodiversity Map Sheet BIO_014

It will not be necessary to remove any trees or shrubs to give effect to the subdivision. The

farmhouse is currently fenced and this fence is to remain in situ. The access driveway will

remain in the current location and an easement is to be created along the route of the

existing overhead electricity cabling which will not require any vegetation removal. The

proposed development will not affect the endangered ecological community, the habitat of

any threatened species or prevent threatened species from accessing, foraging and nesting

on the site. Approval to clear native vegetation under the Native Vegetation Act 2003 is not

required as it is not proposed to remove any vegetation.

A search of the BioNet Atlas of NSW Wildlife was carried out on 19 April 2016 covering an area of

10 kilometres by 10 kilometres centred on the Sherringham property. The report lists valid records

of threatened entities that are listed in schedules to the Threatened Species Conservation Act

1995 that may occur on the site. Red triangles shown in Figure 7 below indicate sightings of

species. There would not be any impact on species as no physical works are proposed to be

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carried out other than heritage restoration works on the Farmhouse as described below in

section 4.4.

Figure 7: Species sightings recorded on the BioNet Atlas. Source: OEH

In light of this discussion and the BioNet Atlas search, it is considered that it is not necessary to

proceed with an assessment of the impact of development on threatened species, critical

habitat and endangered ecological communities under Part 5A of the Environmental Planning

and Assessment Act 1979.

An assessment under the Commonwealth Environment Protection and Biodiversity Conservation

Act 1999 and referral to the Federal Minister for the Environment is not required as no species of

national environmental significance are likely to occur on the site.

4.3 Natural hazards

The property is not identified by council as being affected by flooding or tidal inundation and is

not subject to a restrictive council policy.

The site is mapped as bushfire prone land by the NSW Rural Fire Service (RFS) and Council. A

Bushfire Assessment Report prepared by South Coast Building Approvals and Inspections is

submitted under separate cover.

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It is noted in the report that the vegetation on proposed Lot 1 is described as Southern Lowland

Shrubby Wet Schlerophyll Forest, equivalent to rainforest vegetation as defined in AS 3959-2009

Construction of buildings in bushfire prone areas. The vegetation has a fire run of less than 50m

and can be considered remnant vegetation. All land within 140 metres of the existing farm

managers residence (proposed Lot 2) is managed land and does not pose any bushfire risk to

the building.

It is noted in the report that the bushfire attack level for proposed Lot 1 is 19 in all directions

except the south-west which is BAL29. An asset protection zones is only recommended for the

south-west elevation which is 32 metres. Proposed Lot 2 is managed land and the existing 100m

cleared IPA is to be maintained.

Existing arrangements for access, and the supply of water, gas and electricity are adequate

and no further works are necessary to satisfy the acceptable solutions of Planning for Bushfire

Protection 2006.

It is concluded that the proposed subdivision will meet the requirements of Planning for Bushfire

Protection 2006 and standards required by the Environmental Planning and Assessment Act 1979

if the recommendations are implemented.

4.4 Heritage

Indigenous

The generic due diligence process outlined in the Due Diligence Code of Practice for the

Protection of Aboriginal Objects in NSW was implemented to ensure that an adequate due

diligence process that addresses Aboriginal cultural heritage issues has been carried out. This

process follows the following five steps:

1. Will the activity disturb the ground surface?

The proposed subdivision will not cause any ground disturbance. There are no proposed

changes to the existing structures or infrastructure on the land.

2a. Search the AHIMS database

In accordance with the code, an on-line search was carried out of the Aboriginal Heritage

Information Management Service (AHIMS) that is maintained by the Office of

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Environment and Heritage on 7 April 2016. The search is part of the due diligence process and

remains valid for 12 months.

The search found that:

- There are 3 Aboriginal sites recorded in or near the selected locations, and

- There are no Aboriginal places that have been declared in or near the selected

locations.

It is noted that surveys for Aboriginal objects have not been carried out in all parts of NSW

and Aboriginal objects may exist on a parcel of land even though they have not been

recorded in AHIMS. Further, not all known Aboriginal sites are registered on the AHIMS database

and not all sites consist of physical evidence or remains, e.g. dreaming and ceremonial sites.

An extensive search was then carried out on 19 April 2016 to identify the location and type of

sites recorded on the property. The sites comprise two middens and an open camp site

evidenced by shells and artefacts. The locations of these sites are shown with purple crosses in

Figure 8 below.

Figure 8: Location of Aboriginal heritage sites

2b. Activities in areas where landscape features indicate the presence of Aboriginal objects

Given that no ground disturbing activities will be carried out in the vicinity of these sites, it is

considered that the development may proceed without risk to these indigenous heritage items.

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3. Can you avoid harm to the object or disturbance of the landscape feature

Yes. There are no ground disturbing activities proposed to be carried out.

4. Desktop assessment and visual inspection

The sites are located at some distance from the proposed new allotment. As there are no

ground disturbing activities proposed to be carried out a visual inspection was not considered

warranted.

5. Further investigations and impact assessment

No further investigations are deemed necessary.

The Najanuka Place of Aboriginal Heritage Significance

The Najanuka Place of Aboriginal Heritage Significance is listed as a conservation area in

Schedule 5 of Eurobodalla LEP 2012. The conservation area, which surrounds Najanuka

mountain or Little Dromedary, encroaches into the property at the north-western corner. This is

shown edged with a yellow line in Figure 8 below.

Non-indigenous

Sherringham Farmhouse and Silos are listed as heritage items of local significance in Schedule 5

of Eurobodalla Local Environmental Plan 2012. The whole property is shown as item I76 in Figure

8 below.

These structures are of significance due to their contribution to early agricultural industry in the

Tilba district. Indeed, Sherringham was one of the first farms in the district and is integral to the

historic fabric of the local economy and community. A conservation management strategy has

been prepared by Philip Leeson Architects Pty Ltd and Zenith Town Planning and is submitted

under separate cover. Descriptions of the buildings, gardens, their original construction and

modifications are contained in the strategy.

The following works are recommended in the CMS to reverse unsympathetic external alterations:

1. Replace all aluminium doors and windows with new double hung timber framed units with

colonial glazing bars to match the surviving original window in Bedroom 1.

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2. Replace the current front windows in the Front Living Room and Bedroom 1 with timber

French doors to match the surviving original set in the rear Living Room as closely as

possible. Make good the adjacent wall areas to match the original board and batten

cladding as closely as possible

3. Replace the front door with a traditional four panelled timber door – an external version of

the existing panelled interior doors

4. Replace the door from the Office to the front verandah with a timber framed door with

colonial glazing bars

5. Remove the unsympathetic iron lace brackets from the front verandah

6. Replace the southwest barge board to more closely match the original northeast board

7. Replace the Squareline gutters with traditional quad or ogee profiles (the round pvc

downpipes are acceptable)

8. Paint the entire house in a traditional late Victorian colour scheme for a timber cottage.

Work with the existing Woodland Gray Colorbond roof.

The CMS contains the following additional conservation policy recommendations:

9. The existing external house form should be conserved. Further additions are not

appropriate

10. The house and its garden setting should be retained. New detached structures are not

appropriate within the existing fenced garden area. Minor freestanding landscape

structures such as a trellis or pergola may be permissible

11. New structures outside the fenced garden area may be possible. They should not

dominate major views of the house and should be of a sympathetic form and materials

12. The garden should be conserved and managed in accordance with good horticultural

practice

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5. Section 79C assessment

Below is an assessment of the proposed development under section 79C of the Environmental

Planning and Assessment Act 1979.

(a) the provisions of:

(i) any environmental planning instrument

State Environmental Planning Policy No 14 – Coastal Wetlands

The aim of SEPP 14 is to ensure that the coastal wetlands are preserved and protected in the

environmental and economic interests of the State.

The site encompasses part of a mapped wetland to the south which is connected to Bobundra

Creek. The consent of Council and the concurrence of the Secretary of the Department of

Planning & Environment is required to clear the wetland, construct a levee on the wetland or drain

or fill the wetland.

Comment: The policy does not contain any restrictions on development on land adjoining a coastal wetland.

No development is proposed on the protected wetland so the concurrence of the secretary of the

Department of Planning & Environment is not required to be obtained.

State Environmental Planning Policy No 55 – Remediation of Land

SEPP 55 requires Council to consider whether land is contaminated and to determine whether

the proposed use is suitable with or without contamination. Council can require an applicant for

development to conduct a preliminary investigation and a subsequent more detailed

investigation if warranted.

Where contamination exists and remediation is necessary, Council must be satisfied that the

remediation will take place before the land is used for the proposed purpose.

Comment: The property is not listed on a Council register of potentially contaminated land and there has

been no known historical usage that would cause the land to be contaminated. It is considered that a

preliminary investigation is not required for the proposed subdivision.

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State Environmental Planning Policy (Rural Lands) 2008

SEPP (Rural Lands) 2008 was gazetted on 9 May 2008 and applies to all rural LGAs including

Eurobodalla Shire. Clause 8 of the policy specifies certain principles that apply to rural

subdivision. These are:

(a) the minimisation of rural land fragmentation,

(b) the minimisation of rural land use conflicts, particularly between residential land uses and

other rural land uses,

(c) the consideration of the nature of existing agricultural holdings and the existing and

planned future supply of rural residential land when considering lot sizes for rural lands,

(d) the consideration of the natural and physical constraints and opportunities of land,

(e) ensuring that planning for dwelling opportunities takes account of those constraints.

Clause 10 of the policy specifies matters to be considered in determining development

applications for rural subdivisions. Relevantly, Council must take into account the existing uses

and approved uses of land in the vicinity of the development, whether or not the development

is likely to have a significant impact on land uses that are likely to be preferred and the

predominant land uses in the vicinity of the development, compatibility with adjoining land uses

and measures to avoid or minimise land use conflict.

Comment: Existing and approved land uses in the vicinity of the proposed development are rural in

nature. Sherringham farm will continue to be used for agricultural purposes in keeping with the surrounding

rural landscape of the Tilba district. The proposed subdivision to excise the historical farmhouse would not

diminish the agricultural use of the property and would be compatible with existing uses. There are no

proposed changes to current land uses on either proposed Lot 1 or Lot 2.

SEPP No 71 – Coastal Protection

SEPP 71 applies to land situated within the coastal zone. This policy aims to protect and improve

existing public access to and along coastal foreshores, to protect and preserve native coastal

vegetation, and to ensure that the type, bulk, scale and size of development is appropriate for

the location and protects and improves the natural scenic quality of the surrounding area.

Clause 8 of the policy specifies matters that Council must consider when determining an

application for development within the coastal zone. These matters are:

(a) the aims of this Policy set out in clause 2,

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(b) existing public access to and along the coastal foreshore for pedestrians or persons with a

disability should be retained and, where possible, public access to and along the coastal

foreshore for pedestrians or persons with a disability should be improved,

(c) opportunities to provide new public access to and along the coastal foreshore for

pedestrians or persons with a disability,

(d) the suitability of development given its type, location and design and its relationship with the

surrounding area,

(e) any detrimental impact that development may have on the amenity of the coastal

foreshore, including any significant overshadowing of the coastal foreshore and any

significant loss of views from a public place to the coastal foreshore,

(f) the scenic qualities of the New South Wales coast, and means to protect and improve these

qualities,

(g) measures to conserve animals (within the meaning of the Threatened Species Conservation

Act 1995) and plants (within the meaning of that Act), and their habitats,

(h) measures to conserve fish (within the meaning of Part 7A of the Fisheries Management Act

1994) and marine vegetation (within the meaning of that Part), and their habitats

(i) existing wildlife corridors and the impact of development on these corridors,

(j) the likely impact of coastal processes and coastal hazards on development and any likely

impacts of development on coastal processes and coastal hazards,

(k) measures to reduce the potential for conflict between land-based and water-based coastal

activities,

(l) measures to protect the cultural places, values, customs, beliefs and traditional knowledge of

Aboriginals,

(m) likely impacts of development on the water quality of coastal waterbodies,

(n) the conservation and preservation of items of heritage, archaeological or historic

significance,

(o) only in cases in which a council prepares a draft local environmental plan that applies to

land to which this Policy applies, the means to encourage compact towns and cities,

(p) only in cases in which a development application in relation to proposed development is

determined:

(i) the cumulative impacts of the proposed development on the environment, and

(ii) measures to ensure that water and energy usage by the proposed development is

efficient.

Comment: The proposed development is satisfactory to the aims and considerations of SEPP 71. The property

is located in the coastal zone and is a sensitive coastal location as shown in Figure 8 below. The subdivision to

excise the historic farmhouse from the remainder of the property will have no impact on access to the

foreshore of Wallaga Beach, scenic qualities or amenity, coastal process or hazards, or environmental or

cultural heritage values. Current uses of Sherringham farm will continue unchanged.

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Figure 8: Sensitive coastal location map. Source: ESC

Eurobodalla Local Environmental Plan (LEP) 2012

The property is zoned part RU1 Primary Production under Eurobodalla LEP 2012, part E2

Environmental Conservation and part Deferred Matter (1(a) Rural (Environmental Constraints

and Agricultural) Zone under the Rural LEP 1987 (see Figure 10 below). Clause 4.1 of Eurobodalla

LEP 2012 applies a minimum lot size of 1,000 hectares to those parts of the property that are

zoned RU1 and E2.

The proposed subdivision applies only to land zoned RU1. The objectives of this zone are:

• To encourage sustainable primary industry production by maintaining and enhancing the

natural resource base.

• To encourage diversity in primary industry enterprises and systems appropriate for the area.

• To minimise the fragmentation and alienation of resource lands.

• To minimise conflict between land uses within this zone and land uses within adjoining

zones.

• To minimise the visual impact of development on the rural landscape.

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• To provide for recreational and tourist activities that support the agricultural,

environmental and conservation value of the land.

Figure 9: Extract from the Land Zoning Map Sheet LZN_014B

Comment: The historic farmhouse is occupied by descendants of an early Tilba district farming family. The

farm itself continues to be operated by relatives of the occupants of the farmhouse. Primary production

will continue and the subdivision will not cause fragmentation of rural land or conflict between the existing

occupation of the farmhouse and continuing agricultural activities. The farmhouse is already fenced and

an area of land surrounding the farmhouse will be included in proposed Lot 1. The total area, being only

1.5 hectares, would not result in decreased agricultural production.

The following clauses of Eurobodalla LEP 2012 apply to the proposed development:

• 5.5 Development within the coastal zone

• 5.10 Heritage Conservation

• 6.6 Biodiversity

• 6.7 Riparian lands and watercourses

• 6.8 Wetlands

Each of these clauses is addressed below.

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5.5 Development within the coastal zone

This clause contains considerations for council to consider when assessing a development

application, such as the extent to which the proposal affects access to foreshore land, the

suitability of the development and relationship with surrounding land, and any impacts on

amenity, coastal processes and biodiversity. The site is located within the coastal zone and is

visible from Wallaga Beach and the South Pacific Ocean. It is separated from the ocean by a

thin strip of public foreshore land that is unzoned.

Comment: The proposed development will not involve any physical works and will not alter any public

pedestrian or vehicular access to or along the coastal foreshore. The proposed development will not be

affected by or exacerbate any coastal hazards as the subdivision will create new boundaries around

existing structures.

5.10 Heritage Conservation

Clause 5.10 establishes where development consent is required and circumstances where the

provision of heritage management documents may be required.

Sherringham farmhouse and silos are listed as heritage item 76 in Schedule 5 of Eurobodalla LEP

2012. The consent of council is required to subdivide the land under this clause and council

may require that a heritage management document be submitted if the development is likely

to affect heritage significance. The site is outside the boundaries of the Tilba Conservation Area,

however, the Najanuka Place of Aboriginal Heritage Significance encroaches into the property

at the north-western corner.

Sub-clause 5.10(10) enables Council to grant consent for any purpose on land on which a

heritage building is erected even though development for that purpose would not otherwise be

allowed so long as Council is satisfied that:

(a) the conservation of the heritage item or Aboriginal place of heritage significance is

facilitated by the granting of consent, and

(b) the proposed development is in accordance with a heritage management document that

has been approved by the consent authority, and

(c) the consent to the proposed development would require that all necessary conservation

work identified in the heritage management document is carried out, and

(d) the proposed development would not adversely affect the heritage significance of the

heritage item, including its setting, or the heritage significance of the Aboriginal place of

heritage significance, and

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(e) the proposed development would not have any significant adverse effect on the amenity of

the surrounding area.

An extract from the Heritage Map of Eurobodalla LEP 2012 is given below.

Figure 10: Extract from the Heritage Map Sheet HER_014B of Eurobodalla LEP 2012

Comment: Council has advised that sub-clause 5.10(10) Conservation incentives may be used to

subdivide the land to a lot size less than the development standard of 1,000 hectares. In this case it is

proposed to create an allotment of 9 hectares with a residue of 180 hectares – both less than the 1,000

hectares prescribed by clause 4.1 of Eurobodalla LEP 2012. Council has indicated that a conservation

management strategy would be required to support the subdivision that specifies measures to be carried

out to ensure that the heritage significance of the property is maintained.

A CMS is submitted under separate cover that specifies that the farmhouse and its curtilage are to be

maintained in historic condition and not altered in any way that would diminish heritage significance. The

curtilage includes the garden immediately surrounding the farmhouse which enhances the aesthetic

qualities of the property. The vision for the farmhouse and garden is that they are to be returned to as near

as possible original condition whilst retaining a modern living standard for the occupants. The farmhouse

and garden are to be maintained to this standard in perpetuity. The CMS contains a works schedule and

recommended conservation policy.

There will be nil impact on the Najanuka Place of Aboriginal Heritage Significance. It is noted that the silos

that are listed with Sherringham farmhouse in as Item 76 in Schedule 5 Environmental heritage of

Eurobodalla LEP 2012 no longer exist.

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6.6 Biodiversity

This clause aims to maintain terrestrial and aquatic biodiversity through design, siting and

managing to avoid, minimise and mitigate adverse environmental impacts on native flora and

fauna, ecological processes, recovery processes and habitat linkages.

The Terrestrial Biodiversity Map accompanying the LEP indicates that the land is affected by

significant (extant) vegetation in the north-western corner and an endangered ecological

community across the southern half of the property. The map indicates that the EEC exists over

the location of the farmhouse (see Figure 6 above).

Comment: The proposed development is subdivision to excise an allotment that encompasses an

historic farmhouse located in the approximate centre of the property with a curtilage containing a

garden and adjoining land. It will not be necessary to remove any trees or shrubs to give effect to the

subdivision. The farmhouse garden is currently fenced and this fence is to remain in situ. The access

driveway will remain in the current location and an easement is to be created along the route of the

existing overhead electricity cabling which will not require any vegetation removal. The proposed

development will not affect the biodiversity on the site.

6.7 Riparian lands and watercourses

This clause aims to protect and maintain water quality, ecological processes, habitats and

watercourse stability through design, siting and managing to avoid, minimise and mitigate

adverse environmental impacts on riparian lands and watercourses.

The Wetlands Map, Riparian Lands and Watercourses Map (Figure 5 above) indicates that the

land is affected by several riparian category 2 and 3 watercourses and a wetland.

Clause 6.7 applies to land within 20 metres of a category 2 watercourse and 10 metres of a

category 3 watercourse.

Comment: The existing dwelling and its curtilage are located more than 20 metres from any watercourse

and the wetland. The proposed development will not involve any physical works and will not impact on

watercourses or the wetland.

6.8 Wetlands

This clause aims to protect wetlands from the impacts of development through design, siting

and managing to avoid, minimise and mitigate adverse effects. Council must consider

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potential impacts on flora and fauna, habitat for indigenous and migratory species, and surface

and groundwaters.

The Wetlands Map, Riparian Lands and Watercourses Map (Figure 5) indicates that the land is

affected by a wetland at the southern boundary.

Comment: The existing dwelling and its curtilage are located north of the wetland. The proposed

development will not involve any physical works within the wetland and will not impact on the wetland.

(ii) any draft environmental planning instrument that is or has been placed on public exhibition

and details of which have been notified to the consent authority (unless the Director-General has

notified the consent authority that the making of the draft instrument has been deferred

indefinitely or has not been approved)

There are no draft environmental planning instruments that have been placed on public

exhibition that apply to the land.

(iii) any development control plan

Development Control Plan (DCP) No 156 Rural Subdivision

DCP No 156 came into effect in December 1987. This DCP applies only to rural land that is subject

to Eurobodalla Rural LEP 1987 and cannot legally apply to land zoned under Eurobodalla LEP 2012.

Part of the property is ‘deferred matter’ and remains zoned under Eurobodalla Rural LEP 1987 and

therefore subject to DCP 156.

DCP No 156 aims generally to ensure that rural subdivision takes into account environmental

attributes and that the subdivision can be adequately serviced. The plan requires the nomination

of building envelopes on subdivision plans and establishes development parameters such as

setbacks, building appearance and the like for dwellings, dual occupancies and other buildings. It

advises of the information to be submitted with an application to subdivide rural land and

consultation procedures. It is noted in the plan that subdivision of rural land is to be in accordance

with Eurobodalla LEP 1987, i.e. for the purposes of agricultural operations or another permitted use.

Comment: The proposed subdivision will not affect that part of the property that is a ‘deferred matter’. The

boundaries of proposed Lot 1 include land that is zoned RU1 Primary Production under Eurobodalla LEP 2012.

The residue (proposed Lot 2) includes all remaining land including the land that a ‘deferred matter’. The

provisions of DCP 156 do not apply.

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(iiia) any planning agreement that has been entered into under section 93F, or any draft

planning agreement that a developer has offered to enter into under section 93F

No planning agreement or draft planning agreement has been entered into relating to the

proposed development or the land.

(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph),

that apply to the land to which the development application relates

There are no specific regulations that apply to the subject land.

(v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979),

that apply to the land to which the development application relates

There is no coastal zone management plan that applies to the subject land.

(b) the likely impacts of that development, including environmental impacts on both the natural

and built environments, and social and economic impacts in the locality

There are not expected to be any adverse impacts on the natural or built environments as

demonstrated by the response to relevant provisions of environmental planning instruments.

There are no changes proposed to land uses, the provision of services or existing structures.

The excised allotment to contain the historic farmhouse (proposed Lot 1) is mapped as being

affected by terrestrial biodiversity (an EEC) however, there are no physical changes proposed to

land uses or structures that would impact adversely on the EEC.

Similarly, there are not expected to be any social or economic impacts other than the

continued preservation of a listed heritage item through the implementation of management

measures identified in the conservation management plan.

(c) the suitability of the site for the development

The site is considered suitable for subdivision given that measures will be implemented to retain

and conserve the fabric of the historic farmhouse and surrounding garden.

The site is mapped as bushfire prone land. A bushfire assessment has made recommendations

to ensure that the development meets the requirements of Planning for Bushfire Protection 2006.

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Bushfire protection measures, including minimum asset protection zones, water supply and

access arrangements, are adequate for the proposed development.

(d) any submissions made in accordance with this Act or the regulations,

The development application may be exhibited in accordance with council’s Advertising and

Notification Code for public comment. Council will consider any submissions received during

assessment of the application.

(e) the public interest.

There are no matters of public interest that arise as a result of the proposed subdivision. The

subdivision to a lot of lesser size than the minimum lot size applying to the land is permissible by

way of the heritage conservation incentives of Eurobodalla LEP 2012. Conservation measures to

be applied in accordance with the Conservation Management Plan will serve to protect the

heritage values of Sherringham for the benefit of the wider community.

It is recommended that the development application for a two lot subdivision at Lot 4 DP

583678, Central Tilba be approved.

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Attachment 1 - Site Photographs

Plate 1: The farmhouse from Sherringham Lane

Plate 3: The northern façade and garden

Plate 5: Looking towards the driveway entry from the house

Plate 2: Looking from the west toward the house

Plate 4: The rear of the farmhouse

Plate 6: Looking towards the property from the east

All photographs taken by Zenith Town Planning on 19 November 2015