Special flood considerations clause


In January 2023, the department exhibited an explanation of intended effect (EIE), outlining proposed changes to strengthen planning rules to better protect and manage new development in areas that could be at risk during floods, through an optional special flood considerations clause (clause 5.22 of the Standard Instrument—Principal Local Environmental Plan). 

The special flood considerations clause applies to:  

  • sensitive and hazardous development, such as caravan parks, hospitals and seniors housing, between the flood planning area and the probable maximum flood level 
  • development that is not sensitive or hazardous on land that the consent authority considers that, in a flood, may pose a particular risk to life and where people may need to evacuate or there are other safety concerns. 

In 2021, councils self-nominated to amend their LEPs by inserting the special flood considerations clause. The EIE sought feedback on whether to include this clause in the LEPs of these identified councils. The EIE also sought feedback about applying the clause to all NSW Councils in response to the recommendations of the 2022 NSW Flood Inquiry by inserting the clause in either all NSW council LEPs or the State Environment Planning Policy (Resilience and Hazards) 2021.  

The EIE was exhibited between 17 January and 28 February 2023.  

We thank all those who provided feedback. All comments received during the exhibition were considered. A submissions report is included below summarising feedback and the Department’s response.  

In response to feedback received the Department has included the clause in the LEPs of the 33 self-nominating councils. These changes will apply additional planning controls to land at risk of flooding in these areas. This will help reduce the extent of property damage and potential loss of life and build greater resilience into our communities. 

Exhibited documents

Explanation of intended effect: Special Flood Considerations Clause

Submissions report

Submissions

More information

For more information on flood planning, visit our website.

If you have any queries, you can contact us at [email protected]

Timeline

  • On Exhibition

    The consultation is open for public comment.

  •

    Under Consideration

    We'll be reviewing what you told us.

  •

    Made and Finalised

    The final outcomes of this consultation will be documented here.

Consultation period

From:
To:

More information

Exhibiting agency or agencies: DPE
Exhibition location: NSW Planning Portal