Best Practice Examples:
Special Control Area - Flood Prone Areas
Background
State and local governments have a responsibility to minimise the potential for
flood damage resulting from decisions relating to land use and development
on defined floodplains for rivers. Also, landowners have the right to expect
that adjacent land use and development will not increase the risk or impact
from major river flooding on their lives or properties.
One mechanism for ensuring adequate consideration is given to flood prone
areas within the Scheme is through the use of Special Control Areas (SCAs).
SCAs are intended to deal with issues which overlap zone and reserve
boundaries where the requirements of the SCAs apply in addition to the
requirements of the zone or reserve. SCAs can be used to
• Identify planning issues requiring special consideration;
• Control buildings and works within the special control area in response to
the planning issues;
• Set out guidelines on the special considerations to be taken into account in
considering development within the special control area; and
• Identify relevant specialist agencies to be consulted prior to determining
applications within the special control area.
Further guidance on the use of SCAs is provided in Planning Bulletin No 66.
With regards to flood prone areas, under section 5.2 of SPP No. 3.4 (Natural
Hazards and Disasters) it is noted that proposed development on a floodplain
is considered appropriate with regard to major flooding as long as it does not
produce an adverse impact on the surrounding development and it has an
adequate level of flood protection. The policy further states that development
within floodprone areas that may obstruct floodways should not be permitted.
The 100 year average recurrence interval flood is identified as the defined
flood event. Further guidance for flood prone areas is also provided within
SPP 2.9 (water resources) and SPP 2 (Environment and Natural Resources
Policy).
1. City of Armadale (SCA floodways and flood fringes)
Local Planning Strategy
The inclusion of a SCA within the Local Planning Scheme was proposed
within the Shire’s Local Planning Strategy (2005) to highlight the potential for
flooding in relevant areas and provide a basis for minimising loss of property
and life from floods. The SCA boundaries were defined in accordance with the
1 in 100 year flood levels and associated mapping produced by the
Department of Environment. Flood prone areas include ‘Floodways’ and
‘Flood Fringes’.
An action identified under section 5.4.7 of the City of Armadale’s Local
Planning Strategy (2005) was to “apply Special Control Area provisions in
Town Planning Scheme No 4 for flood prone land, water resource protection,
landscape and bushland protection, prime agricultural land protection,
bushfire protection and land use buffers to minimise off-site impacts from rural
and associated activities”.
Local Planning Scheme
The City of Armadale’s Local Planning Scheme No. 4, gazetted in 2005,
implemented the action with the Local Planning Strategy through the inclusion
of a Flood Prone Areas SCA within Part 6 of the Scheme. The Flood Prone
Areas are defined on the Scheme maps in accordance with the 1 in 100 year
flood levels and associated mapping produced by the DEC. The purpose of
the SCA, in accordance with the Local Planning Strategy, is to highlight the
potential for flooding and to provide a basis for avoidance or risk minimisation
of flood damage associated with any development in the area (Clause 6.2.1).
The provisions associated with the SCA require all building developments or
earthworks to obtain planning approval and specifies further development
requirements including minimum floor levels, measures to protect foundations,
restrictions within the floodway, and requirements for notifications on title.
2. Shire of Northam – Spencers Brook Special Control Area
Local Planning Strategy
It is noted within the Shire of Northam’s Local Planning Strategy (LPS) that
special control areas should be included in the Town Planning Scheme No. 3
to identify areas within the Shire that are significant for a particular reason,
and where additional development control is required. It was therefore seen
appropriate to provide a SCA for Spencers Brook to protect land within the
Spencer Brook settlement identified by the local government as requiring
special protection, due to its location within the floodplain area of Spencers
Brook, a tributary of the Avon River.
The purpose of the SCA (Spencers Brook) as noted within the LPS was to
preserve the ecological values of the river and riparian zone, to avoid
development which would negatively impact upon the qualities of the area, to
ensure that proposed land uses do not have the potential to degrade the area,
to ensure that any development takes place in such a manner so as to
safeguard the lives and property of people in the area, and to ensure that any
development does not adversely alter the capacity of the floodway to convey
floodwaters (see TPS No. 3 text & Local Planning Strategy text).
Local Planning Scheme
The Shire of Northam’s Town Planning Scheme No 3, gazetted on the 20th
May 2005, recognised the recommendations of the local planning strategy,
resulting in the development the Spencers Brook special control area, which
is concerned with controlling development that may obstruct the path of the
1:100yr flood. The provisions in the scheme text restrict the minimum floor
level as 0.5m above the 1:100 yr flood line. These conditions provide owners
of property protection from flood risks; ensures that Council fulfils its duty of
care to property owners and future property purchasers and progressively
reduces the area prone to flooding within the shire. Provisions such as these
may need to be more closely looked investigated as the impacts of climate
change increasing the chance of flooding events is realised. Relevant
considerations for the Local Government in considering any rezoning request,
subdivision or development application were also included within the Scheme.
3. Shire of Chittering Special Control Area – Water Prone Area Ellen
Brook Palusplain
This SCA refers specifically to the Ellen Brook Palusplain, located west of the
Gingin Fault (one of the most environmentally sensitive areas in the Shire)
where seasonal flooding or water-logging occurs and incidentally to the minor
flood plains of the Brockman River System.
Local Planning Strategy
The issue of water prone areas within the Ellen Brook Palusplain was
identified in the Shire of Chittering’s Local Planning Strategy (LPS) 20012015. It is noted within LPS that a SCA could be imposed to provide for
special considerations when dealing with developments and the conditions
applied to them because of the relevant land characteristics of the activities
carried out on the designated land holdings. It was further noted that the intent
of the SCA was to address the need for the management of development in
areas where there is high risk of inundation, flooding, high water tables and
their association with septic disposal systems, so as to protect people and
property from undue damage and where there is a potential risk to human
health. The SCA was also needed to provide a mechanism for reducing the
increase of nutrients into the system and to ensure that wetland
environmental values and ecological integrity are preserved and mentioned.
Several aims for the Ellen Brook Palusplain were identified within the LPS.
These aims included retention of broad acre farming but accommodating
conversion to intensive agriculture where soils and water supplies permit,
protection of environmental, social and economic values of the area, to
encourage changes in agricultural practices to reduce phosphates and nitrate
fertiliser applications, and also to include the recommendations of the Ellen
Brook Integrated Catchment Plan.
Local Planning Scheme
Within the Shire of Chittering’s Town Planning Scheme No 4, gazetted on the
30th November 2004, the main purpose of the Water Prone Areas SCA is to
manage development in areas where there is a high risk of inundation, so as
to protect people and property from undue damage, to stop the increase in the
amount of nutrients entering the surface and/or sub-surface water systems,
and to ensure that environmental values and ecological integrity are
preserved and mentioned. The land subject to inundation or flooding has been
delineated on the Scheme map.
Provisions set out within the Scheme note that Local Government will impose
conditions on any planning approval relating to a number of factors such as
the construction and occupation of any dwelling and outbuilding (see Scheme
6.3.3). Local Government will also need to take into consideration the effect
that any proposal may have on the health and welfare of future occupants, if
there is an increased risk of higher levels of nutrients entering the system, any
provision or recommendation from any Catchment Management Plan, and the
likely impact and buffer distances to any wetland (see Scheme 6.3.4).
It is further noted within the Scheme that the Local Government will impose
conditions on any planning approval relating to construction/occupation of any
dwelling/outbuilding, effluent disposal, minimum floor levels, setbacks from
natural water bodies, damming draining or other development which may alter
the flow of a natural water body, and any land use which may cause
degradation of surface or sub-surface water quality.