Property Development on Flood-Prone Land.

Floods are a recurring natural disaster in Queensland, causing significant damage and disruption. As a result, State and Local governments have created a number of policies and legislative tools to manage property development and construction on flood prone or affected land.

Understanding how to identify, develop and manage property on flood-prone land or in areas designated as flood overlays within local planning schemes is essential for property owners and developers.

Understanding the Legislation:

• Planning Act 2016: This overarching legislation in Queensland sets the framework for planning and development, including provisions related to flood-affected areas.

• Local Planning Scheme: Local governments in Queensland develop planning schemes that include provisions for flood-affected areas. Generally, each Council will have its own flood mapping, relevant environmental flood overlays and policies, based on data provided by the State government.

  • Flood Overlay Codes: Local planning schemes often include flood overlay codes that outline development restrictions and requirements. Developers must adhere to these codes, which may include restrictions on building heights, floor levels, and use.

Example: Brisbane City Council's Approach to Flood Risk Management

Brisbane has areas built on floodplains, making flooding a natural part of its environment. The 2011 major flood event highlighted the importance of flood awareness and effective flood management. Brisbane City Council responded by implementing emergency town planning rules, including setting floor levels in homes and apartments above flood levels.

Key legislative items property owners and developers should be aware of in Brisbane that may also be applicable to your LGA:

• Flood Planning Areas (FPAs): Brisbane City Council has developed five FPAs for Brisbane River and creek/waterway flooding, each with specific development regulations based on flood susceptibility. The FPAs range from areas where flooding is very likely (FPA1) to areas with no recent history of flooding but potential for future flooding (FPA5).

• Tailored Development Controls: Development regulations vary based on the flood susceptibility of each FPA. Higher controls apply to areas with frequent flooding, greater flood depth, and faster water flow.

• Flood Overlay Code: The flood overlay code in City Plan provides clear guidance for future development in flood-affected areas.

What You Can and Can't Do: Limitations on Development

Developing land in flood-affected areas comes with certain limitations and considerations:

• Risk Mitigation: Developers are required to implement risk mitigation measures, such as building design features to withstand floods and avoid increasing flood risks in the area.

•  No Building on Specific Zones: Some areas within flood-prone regions may be designated as "no-build" zones, where construction is strictly prohibited due to high flood risk. Developers should identify these zones and plan their projects accordingly.

Consulting Key Stakeholders: Who to Talk to

Effective communication with relevant stakeholders is crucial when developing flood-impacted land. Here are key parties to engage with:

Local Council and Private Town Planners: Start by consulting with the local council's planning department. They can provide information on the flood overlay, zoning regulations, and development requirements specific to your project location.

Hydrologists and Engineers: Collaborate with professionals experienced in flood modelling and engineering. They can assess the flood risk, help design flood-resilient structures, and ensure compliance with flood-related standards.

Seeking Information and Resources: Floodwise Reports

A FloodWise Report is a document or resource that provides valuable information about the flood risk associated with a particular property or area. These reports are typically generated by local government authorities or agencies responsible for flood risk management and are designed to help property owners, developers, and the general public make informed decisions regarding development, property purchase, and flood preparedness. Here's what you can typically find in a FloodWise Report:

• Flood Risk Assessment: FloodWise Reports assess the level of flood risk associated with a specific property or location. This assessment is based on factors such as historical flood data, floodplain mapping, and flood modelling.

• Flood Maps: These reports often include floodplain maps that show the extent of flood-prone areas, including floodplains, floodways, and other zones susceptible to flooding. These maps help individuals understand the geographic scope of flood risks.

• Flood Levels: FloodWise Reports may provide information on the predicted flood levels for various return periods (e.g., 1-in-100-year flood) in the area. This data helps property owners and developers determine how high structures should be elevated to mitigate flood risks.

• Development Restrictions: The report may outline specific development restrictions and requirements for properties located within flood-prone areas. This could include building codes, elevation requirements, and other regulations to minimize flood-related damage.

• Flood History: Historical flood events that have affected the area may be documented in the report, offering insights into the frequency and severity of past flooding.

• Property-Specific Information: In some cases, a FloodWise Report may provide property-specific details about flood risks, including whether a particular property is located within a designated flood-prone zone and if additional precautions are needed.

• Mitigation Measures: The report may offer guidance on flood mitigation measures that property owners can implement to reduce flood-related risks and damages.

• Planning and Development Guidelines: FloodWise Reports may include recommendations for property development in flood-prone areas, including design and construction guidelines to enhance resilience to flooding.

• Regulatory Compliance: Information about compliance with local floodplain management regulations and requirements is often included in these reports.

Conclusion:

Developing land in flood-impacted or flood overlay areas in Queensland requires careful planning, adherence to legislation, and collaboration with key stakeholders. By understanding the limitations, consulting with experts, and seeking information from reliable sources, property developers can navigate the challenges of flood-prone development successfully. Remember, compliance with flood regulations not only ensures safety but also contributes to sustainable and resilient development in these vulnerable areas.