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Planning Scheme Amendments - C81 Land Subject to Inundation Overlay

Proposal

Planning Scheme Amendment C81 proposes to update the inundation controls in the South Gippsland Planning Scheme. The Amendment has been prepared in collaboration with the West Gippsland Catchment Management Authority. The main element of Amendment C81 consists of changes to the Land Subject to Inundation Overlay (LSIO).

Exhibition of Amendment C81 occurred between Thursday 3 September 2015 and Friday 16 October 2015. Exhibition is now closed. The Panel Hearing to consider Amendment C81 occurred on 23 and 24 February 2016. The Panel Report has been received and can be viewed here. Amendment C81 was adopted by Council at the Ordinary Council Meeting on Wednesday 25 May 2016.

The Minister for Planning, Hon. Richard Wynne MP has approved Amendment C81. The Amendment is now in the South Gippsland Planning Scheme and the new flooding maps and controls now apply. Please check the information below or phone Council on 5662 9200 for more information.

Introduction
The existing controls identifying land subject to inundation and flooding in the South Gippsland Planning Scheme are dated and do not accurately identify land at risk. Amendment C81 addresses these deficiencies by removing a redundant control from the Planning Scheme called the Environmental Significance Overlay 6 (ESO6 - Areas susceptible to flooding) and replaces it with the Land Subject to Inundation Overlay (LSIO). Application of the LSIO (see below maps) is based on the latest risk mapping for inland and coastal areas. For inland areas a benefit of the Amendment is it significantly reduces the amount (extent) of land affected by an inundation overlay. This is especially the case around Leongatha and areas adjoining the Tarwin River (both branches).

The Amendment also applies the LSIO to coastal areas susceptible to rising sea levels and storm surges. Many coastal areas already have the LSIO applied, however Amendment C81 changes this mapping and applies the LSIO to some urban areas in coastal townships for the first time. Coastal towns affected include parts of Venus Bay, Tarwin Lower, Sandy Point and Port Welshpool. Most of Port Welshpool will be included in the LSIO for the first time.

Importantly, the LSIO does not prohibit anything, however it does trigger the need for a planning permit for some types of buildings and works. The document Land Subject to Inundation Overlay Schedule below sets out planning permit requirements and exemptions in the LSIO. Where the LSIO is proposed to be applied to coastal urban areas, a planning permit will not be required for a new dwelling provided the habitable areas of the dwelling are more than 3.4m above sea level. For example, if your land is already 2m above sea level, the habitable areas of your new dwelling would have to be 1.4m above ground level to avoid requiring a planning permit.

The Amendment has no impact or effect on legally existing dwellings or other buildings and works proposed to be included in the LSIO. For example, you will not be required to raise the height of your dwelling or improve the drainage on your land.

The LSIO mapping is based on publically available information which insurance companies are already aware of. Amendment C81 does not provide additional or new risk information that they are not already aware of.

Documents

Exhibition Documents
Below are the official Amendment C81 Planning Scheme Amendment documents. The maps display the proposed application of the LSIO. With the exception of the urban areas of the coastal townships, the majority of land identified in the below maps is already included in either the Environmental Significance Overlay 6 (Areas susceptible to flooding) or the existing application of the current LSIO already in the planning scheme. To see the current application of these controls see South Gippsland Planning Scheme Online. View 'Maps' tab and view Environmental Significance Overlay Schedule 6 (ESO6) and the Land Subject to Inundation Overlay (LSIO) map sheets currently in the planning scheme.

There are 39 separately mapped areas that combine to form the South Gippsland Planning Scheme maps.  Some of the maps display large rural areas and some maps display smaller areas like townships. To assist you to find the map area of interest to you please start by viewing this key map. The map numbers displayed in the key map correspond to the numbers in the below list of maps. Also provided below are links to aerial photos displaying the proposed application of the LSIO. You can zoom into these maps and see the exact boundary of the proposed LSIO.

Amendment C81 Maps Displaying Proposed LSIO Application

 

 Map Ref:
(See Key Map)

 Proposed C81 LSIO
 Proposed Deletion LSIO
 Proposed Deletion ESO6
 Area Location Maps
 Coastal Township Contour Maps
6: Arawata region Proposed LSIO
       
7: Berrys Creek region Proposed LSIO   Proposed Deletion ES06    
31: Corner Inlet Agnes River Proposed LSIO Proposed Deletion LSIO Proposed Deletion ES06 Area Location Map  
28: Corner Inlet Franklin River Proposed LSIO Proposed Deletion LSIO Proposed Deletion ES06 Area Location Map  
19: Dumbalk Township
    Proposed Deletion ES06    
27: Fish Creek Township Proposed LSIO   Proposed Deletion ES06 Area Location Map  
26: Fish Creek Stony Creek Region Proposed LSIO Proposed Deletion LSIO Proposed Deletion ES06 Area Location Map  
29: Foster Township
    Proposed Deletion ES06 Area Location Map  
21: Franklin River North Proposed LSIO   Proposed Deletion ES06    
30: Grip Road Toora Proposed LSIO Proposed Deletion LSIO      
12: Kongwak Proposed LSIO     Area Location Map  
17: Koonwarra Township Proposed LSIO   Proposed Deletion ES06 Area Location Map  
13: Leongatha Koonwarra Region Proposed LSIO Proposed Deletion LSIO Proposed Deletion ES06 Area Location Map  
16: Leongatha Township Proposed LSIO   Proposed Deletion ES06 Area Location Map  
18: Meeniyan Stony Creek Region Proposed LSIO Proposed Deletion LSIO Proposed Deletion ES06 Area Location Map  
20: Meeniyan Township Proposed LSIO   Proposed Deletion ES06 Area Location Map  
23: Middle Tarwin
Proposed LSIO (Tarwin Region) Proposed Deletion LSIO      
10: Outtrim Region Proposed LSIO Proposed Deletion LSIO   Area Location Map
 
33: Port Welshpool Proposed LSIO     Area Location Map Contour Map
38: Sandy Point Proposed LSIO Proposed Deletion LSIO   Area Location Map Contour Map
23: Tarwin Lower Region Proposed LSIO   Proposed Deletion ES06 Area Location Map  
25: Tarwin Lower Township Proposed LSIO   Proposed Deletion ES06 Area Location Map Contour Map
24: Venus Bay Estates 1 & 2 Proposed LSIO   Proposed Deletion ES06 Area Location Map Contour Map
22: Venus Bay Estate 3 Proposed LSIO        
32 Welshpool Towsnship
  Proposed Deletion LSIO      
35: Waratah Bay Shallow Inlet Region Proposed LSIO Proposed Deletion LSIO      
37: Waratah Bay Township area Proposed LSIO Proposed Deletion LSIO      
Map 39 Yanakie Wilsons Prom Region Proposed LSIO Proposed Deletion LSIO      

 

Other Exhibition Documents
The following documents also form an official part of Amendment C81

 

Submission

Further information and Submissions
Amendment C81 formally commence exhibition on Thursday 3 September 2015 and concluded at 5pm on Friday 16 October 2015. Exhibition is now closed.  

Submissions received to Amendment C81 were considered by Council at the Ordinary Council Meeting on Wednesday 25 November 2015 at which it was resolved to refer all submissions to an Independent Planning Panel for consideration. The Panel Hearing occurred on 23 and 24 February 2016. Council's Part A Panel submission can be viewed here. The CMA's element of the Part A submission can be viewed here. The CMA's document includes proposed inland mapping changes.

The Panel Report has been received and can be viewed here.

Council adopted Amendment C81 at its 25 May 2016 Ordinary Council Meeting. The Amendment is now to be submitted to the Minister for Planning for approval.

Further reading