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• Replace outdated flood study references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.