Posted on July 18, 2024 by Katie Mortimer and Thuy Pham

Changes to strategic planning for bush fire – public exhibition of a Draft Bush Fire Prone Land Package

The Department of Planning, Housing and Infrastructure (DPHI) in partnership with the NSW Rural Fire Service (RFS), is publicly exhibiting a draft Bush Fire Prone Land Package (Draft Package).

When finalised, the Draft Package would require consideration of new policy objectives and strategic planning principles for planning proposals on, or in proximity to (being 700m from), land mapped as bushfire prone land.

The Draft Package will be supported by amendments to the strategic planning chapter of Planning for Bush Fire Protection (PBP) which are currently in preparation.

DPHI state that the Draft Package responds to recommendation 27 of the Final Report of the 2019/2020 NSW Bushfire Inquiry, which recommended:

That Government commit to shifting to a strategic approach to planning for bush fire, and develop a new NSW Bush Fire Policy similar to the NSW Flood Prone Land Policy in order to accommodate changing climate conditions and the increasing likelihood of catastrophic bush fire conditions; to build greater resilience into both existing and future communities; and to decrease costs associated with recovery and rebuilding.

The Draft Package consists of:

  • a draft Bush Fire Policy for Land Use Planning (Draft Policy),
  • a draft local planning direction, intended to update the existing local planning direction 4.3 Planning for Bushfire Protection (Draft Direction),
  • a draft planning circular, intended to replace the existing planning circular, PS21-010 Development on bush fire prone land (Draft Circular).

Draft Bushfire Policy for Land Use Planning 

The Draft Direction requires planning proposals on, or in proximity to, land mapped as bushfire prone land to consider and apply the policy objectives and strategic planning principles of the Draft Policy, as well as Chapter 4 (as relevant) of PBP.

The policy objectives and strategic planning principles of the Draft Policy are:

Policy objectives:

    • make sure areas identified for population growth and development are planned and designed to improve resilience and minimise the risk to life and property
    • consider and plan for the impact of changing climate conditions on bushfire behaviour in areas identified for population growth and development
    • provide adequate evacuation capacity and capability for existing and future communities in the event of a bush fire

Strategic planning principles:

    • consider bush fire risk in a landscape context
    • avoid inappropriate developments in high risk bush fire locations or circumstances, in particular development of a higher vulnerability such as for a Special Fire Protection Purpose within the meaning of the Rural Fires Act, 1997 where the level of bush fire risk is not considered appropriate
    • identify and consider the cumulative impacts of bush fire risk for existing and future communities.

The Draft Policy states that the strategic planning principles are intended to guide regional strategic plans, precinct and master plans, place-based strategies, local strategic planning statements and local planning also.

Update to Local Planning Direction 4.3 Planning for Bushfire Protection

As mentioned above, the Draft Direction will only apply to a planning proposal on, or in proximity to, land mapped as bushfire prone land as certified by the Commissioner of RFS.

The Draft Direction proposes to update the existing local planning direction by:

  • requiring consideration and application of the policy objectives and strategic planning principles of the Draft Policy and Chapter 4 of PBP (as mentioned above),
  • altering the objectives of the direction so they are directed to reducing exposure and vulnerability from bush fire hazard, enhance bush fire resilience of existing and future communities, and ensure that development on or where in proximity to bush fire prone land is consistent with the Draft Policy,
  • introducing a definition for when land is ‘in proximity to’ land mapped as bush fire prone land. Proximity is defined as: to or within 700m to land mapped as bush fire prone land as taken from the boundary of the proposal,
  • removing the criteria in the existing local planning directions that where development is proposed it must provide APZs, two-way access roads and other provisions. Instead, consultation with RFS is now required prior to gateway determination. The current planning circular requires consultation with the RFS following receipt of gateway determination.

Update to Planning Circular PS21-010 Development on bush fire prone land

The Draft Circular proposes to update the existing planning circular PS21-010 by:

  • providing background from recommendation 27 of the 2019/2020 NSW Bushfire Inquiry into the circular, which emphasises the importance of a strategic approach to planning for bush fire,
  • setting out the new process for certain planning proposals to consider and apply the policy objectives and strategic planning principles set out in the Draft Policy (as stated above),
  • inserting a new Appendix A to the circular, which sets out the roles and responsibilities in bush fire planning of DPHI, the RFS and local councils.

Public Exhibition 

The documents comprising the Draft Package are being publicly exhibited until

To discuss this article please leave a comment below or contact Katie Mortimer on 8235 9716 or Thuy Pham on 8235 9731.