Building steps check list

Your level of bush fire risk affects your development requirements – the higher the risk, the more protection you need. We use the term ‘bush fire attack level’, or BAL, to quantify this risk. Your level of bush fire risk is affected by the area you live, the vegetation, the distance from the vegetation to your home, and the slope. 

Council can undertake the BAL (Bushfire Attack Leve) assessment for you.  This will be only up to BAL 40 (not flame zone).  

You will need to complete the BAL assessment application form and pay the fee as listed on the form.

You can also find out your bushfire category by going to the NSW Planning Portal website www.planningportal.nsw.gov.au

Click on Find a Property

• Enter property address or Lot & DP
• On the left hand side of the screen under Hazard – click the down arrow and click in the box next to Bushfire Prone Land
• On the right hand side of the screen click the + symbol next to Bushfire Prone Land
• This will then show the bushfire category/categories relevant to your property.
• For category 1, 2 or 3 vegetation/grasslands or vegetation buffer you will need to complete Section Two Bushfire Assessment on pages 19-24 of Building in bush fire prone areas Single Dwelling Application kit to determine your BAL rating.

This document can be found at: https://www.rfs.nsw.gov.au/__data/assets/pdf_file/0017/4355/Guidelines-for-Single-Dwelling-Development-Applications.pdf

If you need to engage the services of a Bushfire Planning and Design Consultant (BPAD), a list of accredited assessors can be found at www.fpaa.com.au

Please contact the Development Hub on (02) 6499 2209 should you need any further assistance.

Biodiversity legislation can be complex.

Biodiversity Conservation Act

The Biodiversity Offset Scheme threshold (BOS) Threshold is a test used to determine when is necessary to engage an accredited assessor to apply the Biodiversity Assessment Method (the BAM) to assess the impacts of a proposal. 

The thresholds for entry into the BOS are any of the following:

1. Development is located on the Biodiversity Values Map
2. Area clearing threshold is exceeded (refer to Table 1 below)
3. Impacts to threatened species/communities (determined through a test of significance)

If clearing and other impacts exceeds the trigger thresholds, the BOS applies to the proposed development and a Biodiversity Development Assessment Report (BDAR) must be prepared and submitted with your application.

Table - Biodiversity Offsets Scheme clearing area thresholds (Council can confirm which mimimum lot size applies)

Applicants are advised to check their proposal against the first two thresholds above by accessing the Biodiversity Values Map and Threshold (BMAT) tool at: https://www.lmbc.nsw.gov.au/Maps/index.html?viewer=BOSETMap

A BMAT user guide can be found at https://www.environment.nsw.gov.au/research-and-publications/publications-search/biodiversity-values-map-threshold-tool-user-guide

Council staff will assess the third threshold, impacts to threatened species, through a site visit. Should impacts to threatened species be likely further assessment by the applicant may be required.

Further information on the BOS can be found at https://www.environment.nsw.gov.au/topics/animals-and-plants/biodiversity/biodiversity-offsets-scheme/how-it-works#developers

Commonwealth Environmental Protection and Biodiversity Conservation Act (EPBC Act)

The EPBC Act is the Australian Governments key piece of environmental legislation, focussing on the protection of matters of national environmental significance including species and ecosystems.

Potential impacts to matters of environmental significance need to be assessed as part of a Development Application and council staff will assist applicants through this process.  Further information on the EPBC Act and associated environmental assessment can be found at https://www.environment.gov.au/epbc/environment-assessment-and-approvals

Registered builders are insured tradesmen who manage the build including the contracting of licenced tradespeople. They are responsible for managing permits and organising inspections on your behalf.

As an owner builder, you take on many of the responsibilities of a registered builder and accept any associated financial risks. Responsibilities include:

• doing all or part of the work yourself, except work that must be carried out by licensed tradespeople
• contracting out all or part of the work to tradespeople, and checking they are registered and licensed if required
• choosing whether to engage a building consultant to independently advise you during the construction period. A building consultant can check the quality of your work and the work of those you engage
• arranging insurance
• occupational health and safety of workers
• obtaining permits and organising inspections.

Advantages may include:

• more control over the project, including design
• saving the cost of the builder’s margin
• more flexibility.

Risks include:

• spending more money and time than expected 
• taking responsibility for the work and finance
• facing complex situations.

Your A3 site plan should include:

• First & secondary land application areas if having absorption trenches for an onsite sewage management system
• Site levels
• Storm water drainage
• The site plan. It will need to include all distances to boundaries and between proposed developments on your site.
• The Asset Protection Zone (APZ) area. The APZ dimensions need to demonstrate the boundaries of the property plus the distance and slope (in degrees) to the bushfire threat (hazard)
• The site plan will need to clearly label any trees that are there and any marked for removal. We will require photos of any trees that you may propose for removal as part of this build.
• If you are removing any native vegetation (including ground cover e.g. native grasses) you will need to complete the attached Biodiversity Values Map & Threshold Tool (BMAT) report- see link below to ensure the amount of clearing you are proposing to do is under the threshold. http://www.lmbc.nsw.gov.au/Maps/index.html?viewer=BOSETMap
• The site plan will need to show the calculations for clearing with all these areas considered: House footprint, earthworks, Asset Protection Zone, driveway, access road & site work.
• If you are not clearing any native vegetation, we will need a statement from you to confirm this.  Photos should be included.

The Building Sustainability Index (BASIX) requirements apply to all residential dwelling types and are part of the development application process in NSW. In NSW, there are BASIX requirements for water and energy usage and thermal comfort performance that apply to:

• all new residential dwellings.
• alterations and additions to dwellings that cost $50,000 or more.
• swimming pools of 40,000 litres or more.

To obtain your BASIX Certificate, call the Department of Planning dedicated BASIX hotline 1300 004 914 or visit  BASIX | Department of Planning Housing and Infrastructure (nsw.gov.au)

All BASIX commitments need to be clearly shown on plans & specifications. The certificate is only valid for three months.

 If you are having issues obtaining this report on your property, contact ahims@environment.nsw.gov.au.

The Aboriginal Heritage Information Management System (AHIMS) is a database that contains detailed information on recorded sites of Aboriginal and Cultural Heritage. It is used to help identify, manage, conserve and protect local sites and heritage. In line with the current legislation, we require an Aboriginal Heritage Information Management Systems (AHIMS) report (this is a two page document) as part of your Development Application.

You will need to generate a basic AHIMS search using a 200 metre buffer.

Reports can be obtained from: https://www.environment.nsw.gov.au/awssapp/Login.aspx?ReturnUrl=%2fawssapp%2fMySearches.aspx

 If you are having issues obtaining this report on your property, contact ahims@environment.nsw.gov.au

In accordance to legislative requirements, the Aboriginal Due Diligence Statement demonstrates that you have considered:

• any potential impacts on items of Aboriginal Heritage; plus
• the potential likelihood of Aboriginal artefacts being contained within the site to be disturbed; and
• that should any objects or places be found within the site, works will stop immediately and the relevant authorities will be contacted.

Report can be obtained from:

https://www.environment.nsw.gov.au/-/media/OEH/Corporate-Site/Documents/Aboriginal-cultural-heritage/due-diligence-code-of-practice-aboriginal-objects-protection-100798.pdf

Due Diligence Assessment - Application requirements

Where a development will disturb the ground surface and/or may impact on Aboriginal cultural or spiritual values, the development application must demonstrate that a Due Diligence assessment has been undertaken by the applicant or a suitably qualified person. This includes (but is not limited to) submitting the following documentation in accordance with the Due Diligence Code of Practice for the Protection of Aboriginal Objects in NSW:

• A statement and results of a basic 200m AHIMS search. Where a site is identified within 200m of the development site the results of an extensive AHIMS search are required.
• A statement identifying whether the development site is partially or wholly within the area identified as having ahigh probability of Aboriginal cultural heritage values on the Aboriginal Cultural Heritage Landscape Map(see Figure 5.1b).
• A statement indicating whether there are landscape features that indicate the potential presence of Aboriginal objects. Landscape features include foreshore areas, creek lines, rocky areas, wetlands, ridge tops, ridgelines, headlands, sand dunes and caves. Figure 5.1a illustrates several landscape features where there is potential for Aboriginal sites to occur.
• A statement indicating if previous Aboriginal Cultural Heritage studies have been undertaken on the subject land Note: if any previous Aboriginal Cultural Heritage studies demonstrate that adequate Due Diligence was undertaken at that time, those reports can be taken into consideration. Council staff may be able to assist you in locating any previous reports.
• A statement indicating if the development site is a within a declared Aboriginal Place of Significance as listed in Schedule 5 of the Bega Valley Local Environmental Plan 2013.

For more information refer to the Development Control Plan (DCP)