Posted on May 13, 2020 by Sue Puckeridge and
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ALERT – Proposed Amendments to Flood Prone Land Use Regulations and Controls
The NSW Department of Planning, Industry and Environment has announced proposed amendments to the regulations, directions, guidelines and policies relevant to flooding and flood-related constraints in land use planning (‘Flood Prone Land Package‘).
The Flood Prone Land Package has been developed with the NSW State Emergency Service, the Office of Emergency Management and Infrastructure NSW. It provides guidance and advice to councils on considering the issue of flooding and flood-related constraints in land use planning.
The Flood Prone Land Package is currently on exhibition on the NSW Planning Portal. It consists of:
- a proposed amendment to schedule 4, section 7A of the Environmental Planning and Assessment Regulation 2000,
- a revised planning circular: ‘Considering flooding in land use planning: guidance and statutory requirements‘,
- a revised local planning direction regarding flooding issued under section 9.1(2) of the Environmental Planning and Assessment Act 1979,
- revised Local Environmental Plan (LEP) flood clauses, and
- a new guideline: ‘Considering flooding in land use planning guideline’ (2020).
The intention behind the new guideline and revised supporting documents is to allow for a more contemporary approach to managing flood risk, including building greater resilience to climate change. The updated documents address issues such as the safety of people, the management of potential damage to property and infrastructure, and the management of the cumulative impacts of development, particularly on evacuation capacity.
Submissions on the Flood Prone Land Package may be made here. The deadline for lodging submissions is 25 June 2020.
To discuss the issues raised by the Flood Prone Land Package please contact Sue Puckeridge, Partner on 02 8235 9702 or Sophia Urlich, Lawyer on 02 8235 9708.
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