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DPIE releases updated advice for flood prone land

May 31, 2020

The Department of Planning Industry and Environment has released the Flood Prone Land Package which includes updated advice and controls for councils to manage development on flood prone land.
The package includes:

  • a proposed amendment to schedule 4, section 7A of the Environmental Planning and Assessment Regulation 2000
  • a revised planning circular
  • a revised local planning direction regarding flooding issued under section 9.1 of the Environmental Planning and Assessment Act 1979
  • revised Local Environmental Plan flood clauses
  • a new guideline: Considering Flooding in Land Use Planning (2020).

What is changing?
The package proposes to introduce three areas of consideration which a council must address when ‘preparing a planning proposal or a draft LEP that removes or alters a zone or a provision that affects land due to flooding’. The three areas are as follows:

Flood Planning Area (FPA)
The FPA will define the area below the Flood Planning Level (FPL). Currently, the FPL is the area below 1:100 year (1%) average recurrent interval plus a freeboard most commonly of 500mm. The FPA will allow councils to include controls for areas beyond the FPL including provisions for rarer, but often more damaging flood events such as a 1:500 year event.

Regional Evacuation Consideration Area (RECA)
The RECA may include areas which form part of a local flood evacuation strategy or other related emergency flood plans. The purpose of controls under this part will be to ensure any development does not adversely impact the areas use during an evacuation, or flood event. 

Special Flood Considerations (SFC)
The SFC is designed to address the area between the FPA and the Probable Maximum Flood (PMF) event. While most council’s with flood prone land currently have a PMF level mapped, there are no LEP controls for land use within that area.
The SFC area will allow councils to add controls relating to critical and vulnerable uses within the SFC such as childcare centers, care homes, short term accommodation or other issues which pose a risk to life. 

Downloaded the Flood Prone Land Package and submissions are due 25 June 2020. 

If you have concerns you wish to raise or would like further information call 1300 650 620.