Federation Villages Floodplain Risk Management Study and Plan
The Manual outlines a merits approach based on floodplain management and recognises differences between urban and rural floodplain issues. At the strategic level, this allows for the consideration of social, economic, cultural, ecological and flooding issues to determine strategies for the management of flood risk.
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4.2.3. Flood Prone Land Package
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On the 14th July 2021, the Department of Planning, Industry and Environment (DPIE) implemented updates to the Flood Prone Land Package. The purpose of the package is to increase flood resilience in New South Wales, reduce loss of life and property damage. The package provides councils additional land use planning tools to manage flood risk beyond the 1% AEP flood event and strengthen evacuation consideration in land use planning.
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The changes include: • A revised Ministerial Direction 4.3 regarding flooding issued under Section 9.1 of the Environmental Planning and Assessment Act 1979, • a revised planning circular on flooding a new guideline: Considering Flooding in Land Use Planning
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Revised Local Environmental Plan flood clauses, Amendments to Schedule 4, Section 7A of the Environmental Planning and Assessment Regulation 2000,
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State Environmental Planning Policy Amendment (Flood Planning) 2021.
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Two proposed LEP clauses relating to the Flood Planning Area, and Special Flood Consideration. o The Flood Planning Area clause allows council to extend the FPA to include more extreme flood events where the flood risk requires land use planning tools. o The clause relating to Special Flood Consideration provides councils the mechanism to apply development controls to land outside the FPA but within the PMF. This clause is specific to land with a significant risk to life, sensitive, vulnerable or critical uses, or land with hazardous materials or industry.
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The key changes and implications are outlined below: • Amendments to Schedule 4 of EP&A Regulation including changes to Clause 7A(1), Clause 7A(2). These amendments now require councils to note on Section 10.7 certificates if any flood related development controls apply to the land relating to either the Flood Planning Area, hazardous materials / industry, sensitive, vulnerable or critical uses. • The Ministerial Direction 4.3 has been amended to remove the requirement for councils to seek exceptional circumstances to apply residential development controls to land outside the 1% AEP flood event (currently included in Clause 7 of Direction 4.3).
118048: R211211_FederationVillagesFRMSP.docx: 11 December 2021
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