Federation Villages Floodplain Risk Management Study and Plan
4.2.3.2.
Planning Circular PS 07-003 and PS 21-006
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Planning Circular PS 07-003 (31 January 2007) provided advice on a package of changes concerning flood-related development controls for land above the 1-in-100 year flood and up to the PMF. A revised planning circular ‘Considering flooding in land use planning: guidance and statutory requirements’ PS 21-006 was released with the recent changes to the Flood Prone Land Package on 14th July 2021. The revised circular provides advice on a package of changes regarding how land use planning considers flooding and flood-related constraints, including Section 10.7 Planning Certificates, local planning direction 4.3, LEP clauses and associated guidelines. In Planning Circular PS21-006 it is noted that: “Section 733 of the Local Government Act 1993 (the LG Act) protects councils from liability if they have followed the requirements of the Manual”. 4.2.3.3.
Considering flooding in land use planning guideline
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The guideline aims to provide councils with mechanisms to manage flood risk for the full range of flooding up to the Probable Maximum Flood (PMF) and give further consideration to evacuation constraints. Within the proposed Flood Prone Land package, there are two main categories council can use to address flooding impacts namely, flood planning areas or special considerations.
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Historically, the focus has been on managing the 1% AEP flood event. The Flood Prone Land Package aims to provide councils the ability to apply development controls to areas outside the flood extent where the flood risk requires it. The FDM identifies either the 1% AEP flood event or an equivalent historic event as an appropriate starting point when selecting the Defined Flood Event (DFE). However, it recommends considering selecting a more extreme flood event where there are significant economic, social, environmental or cultural risks associated with a larger event.
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The Special Flood Considerations category provides council the ability to apply controls to land outside FPA but within the PMF flood event where there is a significant risk to life or risk of hazardous material impacting the community or environment.
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4.2.4. Section 10.7 Planning Certificates
Formerly known as Section 149 Planning Certificates, Section 10.7 Planning Certificates describe how a property may be used and the development controls applicable to that property. The Planning Certificate is issued under Section 10.7 of the Environmental Planning and Assessment Act 1979. When land is bought or sold, the Conveyancing Act 1919 and Conveyancing (Sale of Land) Regulation 2010 requires that a Section 10.7 Planning Certificate be attached to the contract of sale for the land.
118048: R211211_FederationVillagesFRMSP.docx: 11 December 2021
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