Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021 (2021-226) LW 14 May 2021 (NSW)

New South Wales

Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021

under the

Environmental Planning and Assessment Act 1979

MARGARET BEAZLEY, Governor

I, the Honourable Margaret Beazley AC QC, Governor of New South Wales, with the advice of the Executive Council, make the following Order under section 3.20 of the Environmental

Planning and Assessment Act 1979.

Dated 12 May 2021.

By Her Excellency’s Command,

ROB STOKES, MP

Minister for Planning and Public Spaces

Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021 [NSW]

Standard Instrument (Local Environmental Plans) Amendment

(Flood Planning) Order 2021

under the

Environmental Planning and Assessment Act 1979

1      Name of Order

This Order is Standard Instrument (Local Environmental Plans) Amendment (Flood

Planning) Order 2021.

2      Commencement

This Order commences on 14 July 2021 and is required to be published on the NSW legislation website.

Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021 [NSW]

Schedule 1 Amendment of Standard Instrument prescribed by Standard Instrument (Local Environmental

Plans) Order 2006

Schedule 1

Amendment of Standard Instrument prescribed

by Standard Instrument (Local Environmental

Plans) Order 2006

Clauses 5.21 and 5.22

Insert after clause 5.20—

5.21	Flood planning [compulsory]
(1) The objectives of this clause are as follows—

(a)	to minimise the flood risk to life and property associated with the use of land,
(b)	to allow development on land that is compatible with the flood function and behaviour on the land, taking into account projected changes as a result of climate change,
(c)	to avoid adverse or cumulative impacts on flood behaviour and the environment,
(d)	to enable the safe occupation and efficient evacuation of people in the event of a flood.

(2)

Development consent must not be granted to development on land the consent authority considers to be within the flood planning area unless the consent authority is satisfied the development—

(a)	is compatible with the flood function and behaviour on the land, and
(b)	will not adversely affect flood behaviour in a way that results in detrimental increases in the potential flood affectation of other development or properties, and
(c)	will not adversely affect the safe occupation and efficient evacuation of people or exceed the capacity of existing evacuation routes for the surrounding area in the event of a flood, and
(d)	incorporates appropriate measures to manage risk to life in the event of a flood, and
(e)	will not adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses.

(3)

In deciding whether to grant development consent on land to which this clause

applies, the consent authority must consider the following matters—

(a)	the impact of the development on projected changes to flood behaviour as a result of climate change,
(b)	the intended design and scale of buildings resulting from the development,
(c)	whether the development incorporates measures to minimise the risk to life and ensure the safe evacuation of people in the event of a flood,
(d)	the potential to modify, relocate or remove buildings resulting from development if the surrounding area is impacted by flooding or coastal erosion.

(4)

A word or expression used in this clause has the same meaning as it has in the Considering Flooding in Land Use Planning Guideline unless it is otherwise defined in this clause.

(5)

In this clause—

Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021 [NSW]

Schedule 1 Amendment of Standard Instrument prescribed by Standard Instrument (Local Environmental

Plans) Order 2006

Considering Flooding in Land Use Planning Guideline means the Considering Flooding in Land Use Planning Guideline published on the

Department’s website on 14 July 2021.

flood planning area has the same meaning as it has in the Floodplain

Development Manual.

Floodplain Development Manual means the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government in April

2005.

5.22	Special flood considerations [optional]
(1) The objectives of this clause are as follows—

(a)	to enable the safe occupation and evacuation of people subject to flooding,
(b)	to ensure development on land is compatible with the land’s flood behaviour in the event of a flood,
(c)	to avoid adverse or cumulative impacts on flood behaviour,
(d)	to protect the operational capacity of emergency response facilities and critical infrastructure during flood events,
(e)	to avoid adverse effects of hazardous development on the environment during flood events.

(2)

This clause applies to—

(a)	for sensitive and hazardous development—land between the flood planning area and the probable maximum flood, and
(b)	for development that is not sensitive and hazardous development—land the consent authority considers to be land that, in the event of a flood, may—

(i)      cause a particular risk to life, and

(ii)      require the evacuation of people or other safety considerations.

(3)

Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development—

(a)	will not affect the safe occupation and efficient evacuation of people in the event of a flood, and
(b)	incorporates appropriate measures to manage risk to life in the event of a flood, and
(c)	will not adversely affect the environment in the event of a flood.

(4)

A word or expression used in this clause has the same meaning as it has in the Considering Flooding in Land Use Planning Guideline unless it is otherwise defined in this clause.

(5)

In this clause—

Considering Flooding in Land Use Planning Guideline—see clause 5.21(5).

flood planning area—see clause 5.21(5).

Floodplain Development Manual—see clause 5.21(5).

probable maximum flood has the same meaning as it has in the Floodplain

Development Manual.

sensitive and hazardous development means development for the following

purposes—

Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021 [NSW]

Schedule 1 Amendment of Standard Instrument prescribed by Standard Instrument (Local Environmental

Plans) Order 2006

(a) [list land uses]

Direction— Only the following land uses are permitted to be included in the list—

(a)	boarding houses,
(b)	caravan parks,
(c)	correctional centres,
(d)	early education and care facilities,
(e)	eco-tourist facilities,
(f)	educational establishments,
(g)	emergency services facilities,
(h)	group homes,

(i)       hazardous industries,

(j)	hazardous storage establishments,
(k)	hospitals,
(l)	hostels,
(m)	information and education facilities,
(n)	respite day care centres,
(o)	seniors housing,
(p)	sewerage systems,
(q)	tourist and visitor accommodation,
(r)	water supply systems.