Flood planning area
The Draft Wyong Local Environmental Plan (LEP) 2012, Draft Wyong Settlement Strategy and Draft Wyong DCP 2012 exhibition period formally closed on 20 February 2013. All exhibited material will continue to be available until such time that these documents are finalised and come into effect.
At the Ordinary Council Meeting on 8 May 2012, Council endorsed the draft Local Environmental Plan (LEP) 2012, a document that establishes planning directions for the Shire over the next 25 years and beyond. The draft documents should be read in conjunction with the Council meeting business papers and minutes.
The Wyong LEP 2012 will now be forwarded to the Department of Planning and Infrastructure to be gazetted.
For more information take a look at the following media releases:
In the draft Wyong Local Environmental Plan (LEP) 2012 development on flood prone land will be managed by a local flood planning area clause and flood planning area map.
This explains the flood planning area within the draft Wyong LEP 2012.
What is the flood planning area clause?
Development on land covered by the flood planning map will need to consider Clause 7.3 – Flood Planning. This clause sets out the considerations for development on land identified on the flood planning area map, including an assessment of the likely impact of the development on flood behaviour such as flow and velocity, impacts on other properties, impacts on the floodplain environment and safe evacuation routes.
What is the flood planning area map?
The flood planning area maps show the best information available at this time. Where Council has completed flood studies, the areas affected by flooding have been incorporated into the flood planning maps. Flood planning area land has been mapped for the purpose of planning for land that is potentially flood affected. Council has a duty of care to responsibly plan for the use and development of land within the flood planning area, by considering the safety of people, the protection of property, and the possible impacts of any development upon that land on flood behaviour.
How accurate is the mapping?
The mapping is a spatial representation of Council’s flood data. The mapping is based on data that is Council’s most current and best available flood data. There are likely to be other areas subject to flooding that are not identified, such as isolated areas and areas affected by overland flows that are yet to be mapped. These areas will be investigated for flood risk as funding becomes available in the future.
How does this affect individual properties?
Properties affected by flood planning area mapping will be identified as flood prone land on the Section 149(2) Certificate that applies to the relevant land.
Why is the flood planning land shown on the Section 149(2) certificate?
The Department of Planning & Infrastructure and the standard LEP template require the flood planning land to be identified in draft Wyong LEP 2012. In accordance with the Environmental Planning and Assessment Regulation 2000, where flood related development controls apply, this land needs to be notated on the Section 149(2) certificate.
If my land is affected by the Flood Planning Map, does this mean that I can’t build a house?
Whether proposing to replace an existing dwelling or construct a new dwelling, if your land is affected by the Flood Planning Map, each application needs to address Clause 7.3 Flood Planning Area of draft Wyong LEP 2012 and Chapter 3.3 Floodplain Management of draft Wyong Development Control Plan 2012.
If my land is not affected by the Flood Planning Map, does this mean that my land is flood free?
Not necessarily - land outside of the Flood Planning Map could still be affected by a higher design level flood event, be potentially affected by sea level rise or other climate change impacts such as increased rainfall intensity which is likely to increase flood volumes and velocities. Also, there are likely to be other areas subject to flooding that are not identified, such as isolated areas and areas affected by overland flows yet to be mapped.
If my land is demonstrated to be above the flood planning level identified by the Flood Planning Map, can the Flood Planning Map be altered?
Yes, however this requires a formal LEP amendment to amend the flood planning land mapping layer, which can be a lengthy process.
If my land is demonstrated to be above the flood planning level identified by the Flood Planning Map, can the flood prone land status be removed from a Section 149(2) certificate?
Yes, however the removal of the flood prone land status from a Section 149(2) certificate may only be undertaken upon amendment to an LEP. See above.
For further information in relation to this fact sheet and the draft Wyong LEP 2012, please telephone 02 4350 5555.
Disclaimer: This fact sheet contains general information about draft Wyong Local Environmental Plan 2012 only and should not be relied upon for advice in relation to individual properties or development. Council and its officers do not accept any liability whatsoever for the actions by others taken as a result of any information contained in this fact sheet.