Planning Scheme Amendment C91 - Improving Flood Management in Moorabool Shire

It would be difficult to determine what effect, if any, Amendment C91 might have on the value of your property.  It is worth noting that the flood extent mapping was already in the public realm for some time prior to the exhibition of the amendment.  The value of any property is determined by the complex interplay of many different factors such as overall economic conditions, public economic policies, location, streetscape and amenity. 

Neither the Moorabool Planning Scheme nor the Planning and Environment Act 1987 enable the consideration of any potential impact on property values.  Planning panels have consistently found that there is no justification for setting aside any planning scheme amendment to introduce the LSIO or SBO on the basis of concerns about loss of property value. 

It is worth noting that the flood extent mapping was already in the public realm for some time prior to the exhibition of the amendment, however, it is recommended that property owners check with their insurer if they have concerns. 

Neither the Moorabool Planning Scheme nor the Planning and Environment Act 1987 enable the consideration of any potential impact on insurance.  Planning panels have consistently found that there is no justification for setting aside any planning scheme amendment to introduce the LSIO or SBO on the basis of concerns about insurance cover or premiums. 

The Victorian Floodplain Management Strategy (2016) highlights the importance of using planning controls to help avoid and minimise flood risks.  State and local planning policies require that land affected by a 1 in 100 year flood event be identified on overlay maps and that flood risks be appropriately managed. 

By introducing appropriate flood controls into the Moorabool Planning Scheme, Council will ensure that flood risk and floodplain management issues are considered in land development decisions, thereby implementing the objectives of planning in Victoria.

The LSIO and SBO mapping is considered accurate, as it is based on industry best practice methodology, under the expert supervision of Melbourne Water as the relevant floodplain management authority. 

The flood extent mapping is considered accurate, as it is based on industry best practice methodology, under the expert supervision of Melbourne Water as the relevant floodplain management authority. 

Cardno undertook a peer review of Melbourne Water’s flood studies, which concluded that the flood models have delivered results that are suitable for inclusion in the Moorabool Planning Scheme, subject to the Lower Lerderderg flood extent mapping and resultant SBO shape being amended.  The flood extent mapping and SBO shape have subsequently been amended.

Yes.  Melbourne Water has advised that the flood modelling undertaken for this amendment was predicated upon all drainage assets functioning properly and at design capacity. 

All land in Victoria is zoned for a particular purpose and this is the primary planning control.  Overlays only apply to some areas of land, for the purpose of applying special controls.  If an overlay is shown on the planning scheme maps, the provisions of the overlay apply in addition to the zone provisions and any other relevant provisions of the planning scheme.  Generally, overlays apply to a single issue (such as heritage or land subject to flooding).  Where land is affected by more than one issue, multiple overlays may apply.  Many overlays have schedules to specify local objectives and requirements.

The LSIO and SBO are planning scheme provisions that identify land subject to flooding and trigger the need for a planning permit for proposed subdivisions, buildings and works. Some permit exemptions are available for minor buildings and works.

The LSIO applies to land affected by flooding associated with waterways and open drainage systems in both urban and rural areas.  The SBO applies to land affected by flooding associated with overland flows from the urban stormwater drainage system.

These overlays will ensure that flood risk is considered at the beginning of the development process.  The purpose is to ensure that new development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and will not cause any significant rise in flood level or flow velocity.

All planning permit applications under the LSIO or SBO will be referred to Melbourne Water as a determining referral authority.  Melbourne Water will assess development proposals and provide a referral response (including appropriate permit conditions) to Council.

The LSIO and SBO will only be applied to portions of properties that are affected by a 1 in 100 year flood event. 

If you propose subdivision, buildings or works on land affected by the LSIO or SBO, you may need to obtain a planning permit.  This will ensure any flood risk issues are addressed at the beginning of the development process and minimise the potential for flood damage to your development.  Most importantly, properties affected by the LSIO or SBO can (in most cases) still be developed.

Generally, the requirements of the overlay only apply to development and works proposed within the area covered by the overlay.  However, the flood extent provided within the planning scheme is indicative only and may be subject to change if new floodplain data becomes available.  It is therefore recommended that any proposals for development or works be referred to Melbourne Water for initial comment and advice.

It cannot be assumed that flooding will not occur just because there is no recollection of flooding in the past.

The overlays are based on the extent of flooding that would result from a storm event of such intensity that (based upon historical rainfall data) it has a probability of occurring once in every one hundred years; or a 1% chance of occurring in any given year.