Flood-related development controls are an essential part of land use planning in New South Wales. Section 9 of a Section 10.7 Planning Certificate informs potential buyers, developers, and property owners whether the land is affected by flooding constraints that may limit or control development.

This section is particularly important for managing risk and ensuring that properties are developed with community safety and flood resilience in mind.

What Does Section 9 Cover?

Section 9 typically asks two main questions:

1. Is the land located within a flood planning area and subject to flood-related development controls?
2. Is the land between the flood planning area and the probable maximum flood level, and subject to controls?

Each question is answered with YES or NO, based on data from the local council and the NSW Government's flood risk assessment tools.

Key Terms Explained

• Flood Planning Area: This is land identified as being subject to potential flood risk. Development on this land is controlled to reduce risk to life, property, and infrastructure.
• Probable Maximum Flood (PMF): The largest flood that could reasonably be expected to occur at a particular location, based on current meteorological and hydrological knowledge.
• Flood Risk Management Manual: The NSW Government’s comprehensive guide (most recently updated in June 2023) that defines terms and outlines best practices for managing flood risks in planning and development.

Why This Section Matters

If the answer to either question in Section 9 is YES, it means:

• Special planning controls will apply under local and state policies.
• You may need to undertake flood risk assessments before developing or modifying the land.
• Floor levels, building materials, and design approaches may need to meet flood mitigation standards.
• Insurance premiums may be higher or more limited.

If the answer is NO, the land is not subject to known flood risks as defined in planning instruments, making development less complex from a compliance standpoint.

Actions You Should Take

• For Developers or Buyers: If the land is flood-affected, consult a town planner or flood engineer to understand the constraints and design implications.
• For Homeowners: Check if there are limitations on renovations or extensions due to flood controls.
• For Everyone: Consider the implications for insurance, resale, and safety—even if building is permitted, risk may still exist.

Disclaimers

Environmental Disclaimer: The information provided in this article relates to environmental constraints that may affect land use or development. It is general in nature and does not replace detailed site-specific assessments. Always consult with an environmental consultant or local council for up-to-date, location-specific guidance.

Legal Disclaimer: This content is intended to provide a general overview of the relevant legislation and should not be relied upon as legal advice. Property and planning laws are subject to change and may vary depending on specific site conditions and council policies. For advice tailored to your circumstances, please consult a qualified legal or planning professional.

General Disclaimer: This article is provided for general informational purposes only and does not constitute legal, planning, or environmental advice. While every effort has been made to ensure accuracy, the information may not reflect the most recent changes in law or policy. You should seek advice from a qualified professional or relevant authority before making any property-related decisions.