Two Important NSW Planning Documents on Exhibition
31st January 2023
The NSW Department of Planning and Environment (DPE) has placed two important documents on exhibition for public comment until 14 February.
Special Flood Considerations Clause
For more than the past 12 months, the DPE conducted a consultation process with 32 local Councils in NSW which opted into the introduction of the new Special Flood Considerations clause 5.22 into their Local Environmental Plans (LEPs). Land Use Planning Director Paul Grech represented FMA on a Reference Group, which also comprised representatives from HIA, ICA, LGNSW, PIA, UDIA and the Urban Taskforce.
The special flood considerations clause 5.22, is currently an optional clause in the NSW Standard Instrument LEP that has not yet be adopted by any LEP. When “turned on” for individual LEPs, it 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 there are other safety concerns.
On 17 January 2023, the DPE commenced a consultation process seeking comments on whether to include this clause in the LEPs of the 32 self-nominated Councils, and also on some minor related changes to 11 LEPs.
In response to the 2022 NSW Independent Flood Inquiry Recommendations, the Explanation of Intended Effect is also seeking comment on the options of applying clause 5.22 to all NSW Councils, not just to the 32 that opted in, either through LEPs or by amending State Environmental Planning Policy (Resilience and Hazards) 2021 (Hazards SEPP).
The exhibition documents can be found at the NSW Planning Portal Special flood considerations clause. FMA should provide a response and Mr Grech is keen to hear from Members who have any comments which can be taken into consideration when formulating the FMA response.
Matters to consider include the implications for those Councils that had not opted in (eg, what flood information they have, how it would relate to their DCPs and consistency with adopted Floodplain Risk Management Plans), and how the Hazards SEPP could be structured to more broadly address flood risk management considerations.
The response is due 14 February 2023 (before the Sydney FMA Quarterly Meeting) so comments by COB 7 February, sent to Executive Officer Glenn Evans: eo@floods.asn.au, would be appreciated.
Shelter-in-Place Draft DPE Guideline
The DPE has also placed a draft Shelter-in-place (SIP) Guideline on public exhibition until 14 February, and has invited comments. The exhibited documents can be found at the NSW Planning Portal Shelter-in-place Guideline.
The Guideline outlines considerations that could be relevant to the preparation of DCPs and considerations for assessing development applications.
Such guidance is very important and has been much sought after for a long time.
Initial thoughts on this draft document include whether greater direction could be provided with guidelines that are applicable for strategic planning purposes as well as for assessing development applications. Also whether more detail is required (eg in regard to “SIP provides a minimum floor space per person”, a recommended area should ideally be provided).
FMA Land Use Planning Director Paul Grech will prepare a response on this important document, and FMA Members are invited to provide comments by cob 7 February, to Executive Officer Glenn Evans: eo@floods.asn.au, so that they can be taken into consideration.
Special note: For the Sydney FMA Workshop on Thursday 23 February a panel of government and consultant experts will unpack the draft Shelter-in-place Guideline, and what it means for Councils.
