The debate concerns the proposed insertion of clause 5.22 of the standard planning instrument into councils’ local environment plans. The clause stipulates that consent must not be granted unless it can be shown the development will not affect safe occupation or efficient evacuation of people in a flood.
Any development must also incorporate appropriate measures to manage risk to life,and show that it will not adversely affect the environment in the event of a flood.
Initially,32 of the 128 councils in NSW – exactly a quarter – volunteered to insert the clause into their LEPs,which set parameters for development in local government areas. But following the recommendations of the 2022 flood inquiry,led by former chief scientist Mary O’Kane and former top cop Mick Fuller,the government has moved to place it into all LEPs,or make it mandatory in a statewide planning instrument.
In a formal submission,Local Government NSW,the peak body for the state’s councils,said it did not support that approach and accused the planning department of trying to “shift the goalposts”.
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“By moving to adopt this clause statewide,the[proposal] appears to deviate completely from this earlier consultation process,” LGNSW said.
“The nature and risk associated with flooding varies from catchment to catchment and site to site,
and therefore needs to be considered in relation to the local context.
“LGNSW does not support the one-size-fits-all approach unless it is subject to further evaluation and investigation and a roadmap of consultation with all councils.”