Statement of Environmental Effects

Bushfire-Prone Site Compliance Report

Prepared by: Perry Town Planning NSW Property: the subject site DA Type: Residential Development on Bushfire-Prone Land Prepared for: [Applicant Name — insert] Date: [Insert date] Version: Draft for client review

> Scope note: No proposal description was supplied with this instruction. All development parameters below are reasonable assumptions for a typical residential lot in Wamberal on the Central Coast. Every assumed fact is tagged [Assumption — verify]. Numerical compliance figures are provisional pending confirmation by a qualified Bushfire Hazard Assessor (BHA) and survey information. Do not lodge this document until tagged items are verified and a BHA-issued BAL Certificate is obtained.

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1. Property Identification and Bushfire Classification

1.1 Site Details

1.2 Bushfire-Prone Land Status

The subject site is identified as bushfire-prone land on the Central Coast Council Bushfire-Prone Land Map, which is certified under section 10.3 of the Environmental Planning and Assessment Act 1979 (EP&A Act). [Assumption — confirm against Council's current BFPL Map prior to lodgement.]

Wamberal sits within a coastal hinterland precinct characterised by proximity to native vegetation corridors associated with Wamberal Lagoon, Wyrrabalong National Park, and remnant Coastal Dry Sclerophyll Forest on the ridgeline to the north and west. The site is accordingly subject to the requirements of:

• Environmental Planning and Assessment Act 1979 (EP&A Act), s 4.14 — consent authority satisfaction test
• Rural Fires Act 1997, s 100B — integrated development where applicable
• Planning for Bush Fire Protection 2019 (PBP 2019), NSW Rural Fire Service
• AS 3959:2018 — Construction of Buildings in Bushfire-Prone Areas
• Resilience and Hazards SEPP 2021, Chapter 4

1.3 Vegetation Category

[Assumption — verify against BFPL Map and BHA site assessment] The site interface vegetation is classified as Vegetation Category 1 (Forest — Dry Sclerophyll, Forests and Woodlands) in accordance with the NSW Bushfire-Prone Land categorisation framework under PBP 2019.

1.4 BAL Rating

[Assumption — subject to BHA confirmation] Based on a preliminary desktop assessment of the vegetation type (Category 1 Forest), an indicative upslope gradient of 0–5° from the primary vegetation interface, and an estimated distance of approximately 18–20 m from the proposed building to the vegetation boundary, the provisional Bushfire Attack Level (BAL) is assessed as:

> BAL 29 (provisional)

This is a planner's preliminary assessment only. The BAL must be formally determined by a suitably qualified and experienced Bushfire Hazard Assessor (BHA) using the methodology in PBP 2019 Appendix 2 and AS 3959:2018 Section 2.2. A BHA-issued BAL Certificate must be submitted with the DA.

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2. Vegetation and Topography

2.1 Vegetation Character

[Assumption — verify via site inspection and BHA assessment] Vegetation immediately adjoining or in the vicinity of the subject site is consistent with:

• Primary interface: Coastal Dry Sclerophyll Forest (Eucalyptus species including E. gummifera and E. umbra) within the Wyrrabalong National Park corridor to the north-west.
• Secondary interface: Residential gardens and managed curtilages to the south and east, which are not classified as bushfire-prone vegetation.

2.2 Topography

[Assumption — verify against contour survey] The site falls generally to the east. The primary vegetation threat is located upslope or at a level gradient to the north-west. A slope of 0–5° (effectively flat) is assumed for the purpose of this preliminary assessment. If field survey confirms any upslope gradient greater than 5° toward the primary vegetation interface, the APZ depth and BAL rating must be recalculated accordingly.

2.3 Distance to Vegetation

[Assumption — verify against site survey] The distance from the proposed building envelope to the nearest classified vegetation is assumed to be approximately 18–20 m, incorporating existing lot width and the proposed building footprint. This figure underpins the provisional BAL 29 determination above.

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3. Asset Protection Zone (APZ)

3.1 Required APZ

Under PBP 2019 Table A1.12.1 (Inner Protection Area / Outer Protection Area), the required APZ dimensions for BAL 29 / Category 1 Forest / 0–5° slope are:

[Assumption — verify against BHA APZ assessment and PBP 2019 Table A1.12.1.]

3.2 APZ Provision

[Assumption — verify against site survey and proposed site plan] The site is assumed to accommodate an APZ of approximately 20 m from the north-western building face to the vegetation boundary, drawing on the full lot depth and any available public reserve or managed land adjoining that boundary.

Where the APZ extends beyond the subject site boundary onto National Park land or a road reserve, the applicant must obtain written acknowledgement from the relevant land manager (in this case, NSW National Parks and Wildlife Service) that the vegetation within that area is or will be managed to the standards prescribed by PBP 2019 section 4.1.3. [Assumption — confirm land manager and obtain written confirmation prior to DA lodgement.]

3.3 APZ Management Standard

The APZ must be managed in accordance with PBP 2019 section 4.1:

• Outer Protection Area: maintained as a modified fuel load zone with native or exotic low-flammability species, horizontal and vertical separation of vegetation maintained.
• Inner Protection Area (within 10 m of building): maintained to a minimal fuel standard — mown grass, no continuous canopy or shrub layer connecting to the building.

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4. Construction Standards (AS 3959:2018 + PBP 2019 Appendix 3)

4.1 Applicable Standard

At BAL 29, construction must comply with AS 3959:2018 Section 8 — BAL 29 requirements. The following table summarises the minimum construction standards applicable to the proposed dwelling. [Assumption — verify against final architectural drawings and specification.]

Note on Performance Solutions: Where any proposed material or detail does not meet the Deemed-to-Satisfy (DTS) provisions of AS 3959:2018 for BAL 29, a Performance Solution must be prepared by a qualified BHA and submitted with the DA. Refer to Section 8 of this report.

4.2 Architectural Specification

[Assumption — insert reference to architectural drawing set and specification schedule when available.] The applicant's project architect is to confirm that the final specification reflects the above requirements. Pre-DA coordination with the BHA and builder is recommended to identify any specification gaps before the DA is lodged.

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5. Water Supply for Firefighting

5.1 Regulatory Requirement

PBP 2019 Table 7.4a requires the following static water supply for a single residential dwelling in a BAL-rated environment:

[Assumption — verify against PBP 2019 Table 7.4a and Central Coast Council Engineering Specifications.]

5.2 Site Provision

[Assumption — verify against proposed site plan.] The proposed development is to include a minimum 10,000 L static water supply tank located at the south-western corner of the dwelling, accessible to fire appliances from the driveway. A metal (Colorbond or equivalent) tank is proposed to meet the non-combustible requirement.

5.3 Mains Water

Reticulated water supply is available to the subject site via Central Coast Council / Hunter Water Corporation infrastructure. [Assumption — verify availability, pressure, and flow rate with the water utility prior to lodgement.] Mains supply alone is not sufficient to satisfy the static water requirement without a dedicated tank, given the risk of mains failure during a bushfire event.

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6. Access and Egress

6.1 Driveway and Property Access

Under PBP 2019 section 5.3.7, fire appliance access to residential properties must comply with the following minimum standards:

the subject site is a Council-maintained public road and provides compliant through-access. [Assumption — verify that the cul-de-sac geometry provides a compliant turning area for RFS Category 1 tankers.]

6.2 Egress Route

The dwelling must have an identifiable occupant egress path that does not route through the primary bushfire threat vector. [Assumption — verify against site plan and BAL-affected elevation.] The primary egress from the subject site is via the driveway to the subject site and then south-east along Tumbi Road toward The Entrance Road, which represents the most viable evacuation corridor away from the north-western vegetation interface.

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7. Landscaping

7.1 Species Selection

In accordance with PBP 2019 section 4.1.4 and the Inner and Outer Protection Area management standards, the following landscaping principles apply:

• Within the Inner Protection Area (0–10 m from building): No Group A fire-promoting species (e.g. Acacia, Eucalyptus, Leptospermum, Melaleuca). Mown grass, low-growing succulents, and non-continuous planting only.
• Within the Outer Protection Area (10–29 m from building): Low-flammability native or exotic species only; no continuous shrub layer; minimum 10 m horizontal spacing between tree canopies (where applicable); no vertical connectivity between ground fuel and canopy.
• No organic mulch within the Inner Protection Area. Inorganic mulch (gravel, pebbles) is preferred.

7.2 Landscaping Plan

[Assumption — a Landscape Plan compliant with PBP 2019 section 4.1 is to be prepared by a suitably qualified landscape architect or BHA and submitted with the DA.] The plan must identify:

• Species list with fire hazard group rating
• Planting spacing diagram for the OPA
• IPA management zones
• Irrigation specifications (where proposed)

8. Performance Solution (If Required)

No specific Performance Solutions are identified at this preliminary stage. However, the following elements should be reviewed during detailed design and may require a Performance Solution if the DTS pathway cannot be met:

Any Performance Solution must:

1. Identify the specific DTS provision not satisfied.
2. Articulate the underlying performance objective (from PBP 2019 or AS 3959:2018).
3. Demonstrate that the performance criteria are met by the proposed design or management measure.
4. Be prepared or co-signed by a Bushfire Hazard Assessor (BHA) holding the appropriate NSW accreditation.

9. RFS Referral Status

9.1 Integrated Development

Development on bushfire-prone land that involves the erection of a dwelling house (or subdivision creating a lot intended for residential use) triggers integrated development status under:

• EP&A Act 1979, s 4.46 and cl 4.14
• Rural Fires Act 1997, s 100B

9.2 Referral Requirement

The DA package submitted to Central Coast Council must include this Bushfire-Prone Site Compliance Report, the BHA-issued BAL Certificate, and the proposed construction drawings demonstrating AS 3959:2018 compliance. Council will refer the application to the RFS under the integrated development referral pathway. [Action — ensure the DA lodgement checklist includes all bushfire documents required by Central Coast Council's DA lodgement requirements and PBP 2019.]

9.3 Special Fire Protection Purpose

This proposal is for a standard residential dwelling and does not constitute a Special Fire Protection Purpose (SFPP) development (e.g. school, hospital, aged care, childcare). SFPP requirements under PBP 2019 Chapter 5 do not apply. [Assumption — verify that the proposed use is residential only and does not accommodate any SFPP land use.]

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10. Conclusion and Recommended Consent Conditions

10.1 Summary

This Bushfire-Prone Site Compliance Report has been prepared in support of a Development Application for residential development at the subject site. The site is classified as bushfire-prone land (Category 1 Forest, provisional BAL 29). The proposed development has been assessed against the requirements of:

• EP&A Act 1979 — s 4.14 bushfire risk satisfaction test
• Rural Fires Act 1997 — s 100B integrated development (BFSA required)
• Planning for Bush Fire Protection 2019 (PBP 2019) — asset protection zones, water supply, access, and landscaping
• AS 3959:2018 — construction standards for BAL 29

10.2 Recommended Conditions of Consent

The following standard conditions of consent are recommended to the consent authority (and are likely to be imposed by the RFS as part of the BFSA):

1. APZ Establishment: The APZ as identified in the approved Landscaping Plan must be established prior to the issue of any Occupation Certificate and maintained in perpetuity in accordance with PBP 2019 section 4.1.
2. Construction Standard: All construction must comply with AS 3959:2018 for BAL 29 (or the BAL rating confirmed by the BHA Certificate) as documented in the approved construction specification. A Certifier's compliance check at frame stage is required.
3. Static Water Supply: The 10,000 L static water supply tank must be installed and operational prior to the issue of any Occupation Certificate. A 65 mm Storz outlet and gate valve must be installed.
4. Driveway Access: The driveway must be constructed to the dimensions and load-bearing standard required by PBP 2019 section 5.3.7 prior to the commencement of construction.
5. Annual APZ Maintenance: The owner must maintain the APZ, including mowing, fuel load reduction, and plant species management, in accordance with the approved Bushfire Management Plan on an annual basis.
6. Vegetation Removal Approval: Any vegetation removal required to establish or maintain the APZ within classified vegetation (if any) must be carried out in accordance with a Vegetation Management Plan approved by Central Coast Council, having regard to the Biodiversity Conservation Act 2016 and any relevant Biodiversity Offset requirements.

This document is a draft Statement of Environmental Effects prepared by Perry Town Planning NSW. It is not a substitute for a Bushfire Hazard Assessor (BHA) report. The BAL rating, APZ dimensions, and construction specifications must be confirmed by a suitably qualified BHA before this document is finalised for DA lodgement. All items tagged [Assumption — verify] must be checked by the applicant or their consultants.

Sources & legislation

Every claim in this report is grounded in the following authoritative documents. Click any link to read the in-force version directly.

• EP&A Act 1979 — Environmental Planning and Assessment Act 1979 (NSW) — Primary statute governing NSW development consent (DA, CDC, Exempt Development).
• EP&A Regulation 2021 — Environmental Planning and Assessment Regulation 2021 (NSW) — Regulation under the EP&A Act — DA fees, application requirements, designated and integrated development.
• Codes SEPP 2008 — State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 — Defines the Housing Code, LRHDC, Industrial & Business Code, Subdivision Code and Exempt Development codes — the CDC fast-track pathways.
• Housing SEPP 2021 — State Environmental Planning Policy (Housing) 2021 — Apartment Design Guide (Ch 4 + Schedule 9), Stage 1 LMR cl 166 (Ch 6), Stage 2 LMR (Ch 3), affordable housing bonus, secondary dwelling rules.
• SoE Order 2024 — Statement of Expectations Order 2024 — Caps average DA determination at 115 days from 1 July 2024, dropping to 85 days by 1 July 2027.
• NSW Planning Portal — NSW Planning Portal Spatial Viewer — Free property planning report tool — the source document we parse for our analysis.
• Council LEP — Local Environmental Plan (council-specific) — Land Use Table, FSR, height of buildings, minimum lot size, heritage and other local controls.