The flood-prone land package provides advice to councils on considering flooding in land-use planning and commenced on 14 July 2021.
The updated guidance supports:
- better management of flood risk beyond the 1% annual exceedance probability
- best management practices in managing and mitigating severe to extreme flood events
- greater resilience built into communities in floodplains and reduces potential property damage and loss of life in recognition of increasing extreme flood events throughout NSW.
The package includes:
- a revised 9.1 local planning direction on flooding (PDF, 460 KB)
- a new planning circular on flooding PS21-006
- a new guideline: Considering Flooding in Land Use Planning
- the Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021
- the Environmental Planning and Assessment Amendment (Flood Planning) Regulation 2021
- the State Environmental Planning Policy Amendment (Flood Planning) 2021.
Special flood considerations clause
The department is proposing to strengthen planning rules to better protect and manage new development in areas that could be at risk during floods through a special flood considerations clause (clause 5.22 of the Standard Instrument—Principal Local Environmental Plan).
The special flood considerations clause would apply to:
- sensitive and hazardous development, such as caravan parks, hospitals and seniors housing, between the flood planning area and the probable maximum flood level
- development that is not sensitive or hazardous on land that the consent authority considers that, in a flood, may pose a particular risk to life and where people may need to evacuate, or where there are other safety concerns.
In 2021, 32 councils self-nominated to amend their LEPs by inserting the special flood considerations clause. The explanation of intended effect (EIE) is seeking feedback on whether to include this clause in the LEPs of these identified councils.
The EIE also proposes updating 11 councils’ LEPs with minor housekeeping changes.
In response to the recommendations of the independent 2022 NSW Flood Inquiry conducted by Mary O’Kane and Mick Fuller, the department is also seeking feedback from councils on applying the clause to all NSW councils, by inserting the clause in either:
- all NSW council LEPs, or
- the State Environment Planning Policy (Resilience and Hazards) 2021 (Resilience and Hazards SEPP).
The EIE of the proposed amendments is on exhibition until 14 February 2023. We welcome feedback on the EIE as well as feedback on applying the clause to all councils through either council LEPs or the Resilience and Hazards SEPP through a separate SEPP amendment. All comments received during the exhibition of this EIE will be considered when finalising the amendments.
If you have any queries, you can contact email@example.com
Page last updated: 17/01/2023