Exhibition of Amendments to DCP 2014 C2 - Areas Affected by Flood

A Development Control Plan (DCP) is a document prepared by Council that provides detailed guidelines for the design and assessment of proposed developments within a local government area (LGA). The DCP supports the Local Environmental Plan (LEP) and expands on its development standards and controls.

Since 2021 the NSW Government has introduced a number of policy and legislative changes for assessing flood risk and considering flood-related constraints in land use planning.  

As a result the DCP Chapter C2 has been reviewed and updated to:

• Ensure terminology reflects current policy and legislation
• Place greater emphasis on the safe occupation and efficient evacuation of people in the event of a flood
• Replace outdated flood study references
• Implement relevant actions (where possible) identified in North Byron Floodplain Risk Management Study.

• Flood-Prone Land Package (July 2021): Introduced by the Department of Planning, Housing and Infrastructure to guide councils on incorporating flood considerations in land use planning.
• Considering flooding in land use planning, Guideline (July 2021)
• Updated flood planning clauses included in council LEPs
• NSW Flood Inquiry (2022): Initiated in response to significant flood events across NSW, with findings published in July 2022.
• NSW Flood Risk Management Manual (2023): provides the overarching framework for the development and implementation of strategies to manage flood risks in accordance with NSW Government’s Flood Prone Land Policy.
• Flood risk management guideline LU01 (2023)
• Planning Circular’s PS 21-006 & PS 24-001 - Update on addressing flood risk in planning decisions

This Chapter is primarily applicable to development applications on flood prone land in Byron Shire. 

Planning proposals that enable future development in flood prone areas also must consider the provisions of this DCP, in addition to the Local Planning Direction requirements, particularly 4.1 - Flooding.

1. Prescribe stormwater management planning requirements, which are addressed in Council’s Comprehensive guidelines for Stormwater Management and the DCP Chapter B3 Services;
2. Identify permissible or prohibited land uses on ‘flood prone lands’;
3. Have the same legal status as an environmental planning instrument (Byron LEP 2014); or
4. Address:

• Flood mitigation infrastructure
• Broad strategic visions for Byron Shire and its villages
• Eligibility for house buybacks, house raising and retrofitting under the Resilient Homes Program
• Emergency management during flood events

• Existing development and or existing consents

These matters are guided by other policies.

The proposed changes include:

1. Terminology Update:
   • Replacement of reference to ‘future flood planning level’ with ‘flood prone land’, defined as “lands at or below the probable maximum flood level. Also called flood liable land.” This aligns with terminology in LEP 2014 clauses 5.21 & 5.22 and the Department of Planning, Housing and Infrastructure publication Considering Flooding in Land Use Planning – Guideline.
2. Introduction of New Terms:
   • Defined flood event
   • Flood function
   • Probable maximum flood (PMF)
   • Probable maximum precipitation (PMP)
3. Current Flood Studies:
   • Updated to reflect the most current adopted ‘catchment-based’ flood studies.
4. Updated Figure C2.1:
   • Flow chart illustrating the process for determining flood planning controls on flood prone land, updated to reference:
     • Development types specifically identified in Council’s Climate Change Strategic Planning Policy, such as New Release Areas, Critical Facilities, and Special Purpose Facilities.
     • Recently introduced LEP 2014 flood clauses 5.21 & 5.22.
     • Application to include planning proposals, in addition to Development Applications (DAs).