Consult RFS and add bushfire controls for proposals near bushfire prone land.
When a planning proposal affects or is near mapped bushfire prone land, the planning authority must consult the NSW Rural Fire Service Commissioner after the gateway determination and before community consultation, and consider any comments. Proposals must have regard to Planning for Bushfire Protection 2019, avoid inappropriate development in hazardous areas, and ensure hazard reduction is not prohibited in Asset Protection Zones. Where development is proposed, proposals must meet requirements such as providing an Asset Protection Zone, two-way access roads, adequate firefighting water supply, and controls on combustible materials.
Direction 4.3 is a planning direction that steers how councils and other planning authorities write new planning rules (planning proposals) affecting land that is mapped as bushfire prone or near such land. Its purpose is to protect life, property and the environment from bushfire by keeping incompatible land uses out of hazardous areas and by encouraging sound management of bushfire prone land. In plain terms, before a council changes the zoning or planning controls on land that could burn, it has to think hard about bushfire risk and build protective measures into the controls.
The direction works in two main ways. First, it forces early consultation: once a planning proposal receives a gateway determination, the authority must consult the NSW Rural Fire Service Commissioner before public exhibition and take on board the RFS comments. Second, it sets substantive content the proposal must include or example, having regard to the Planning for Bushfire Protection 2019 guideline, avoiding inappropriate development in hazardous areas, and where development is proposed, providing Asset Protection Zones, two-way access roads, adequate firefighting water supply, and controls on combustible materials.
The consequence of inconsistency is significant: a proposal can only depart from the direction if the council satisfies the Planning Secretary that it has written advice from the RFS Commissioner that the RFS does not object to the proposal proceeding despite the non-compliance. In effect, the RFS holds a strong gatekeeping role over bushfire-affected rezonings.
Relevant planning authorities (typically councils, but also other authorities) preparing a planning proposal. It does not bind development applicants or certifiers directly \u2014 it operates at the plan-making (rezoning/LEP amendment) stage.
When a relevant planning authority prepares a planning proposal that will affect, or is in proximity to, land mapped as bushfire prone land \u2014 including land where the authority is required to prepare a bushfire prone land map under section 10.3 of the EP&A Act, or (until such a map is certified by the RFS Commissioner) a map referred to in Schedule 6 of that Act.
A planning proposal may be inconsistent with the direction only if the relevant planning authority satisfies the Planning Secretary (or a nominated Department officer) that the council has obtained written advice from the RFS Commissioner that, notwithstanding the non-compliance, the RFS does not object to the proposal progressing.
Links to the Environmental Planning and Assessment Act (section 10.3 bushfire prone land maps, Schedule 6 maps, section 3.34 gateway determinations, clause 4 of Schedule 1 community consultation); the Rural Fires Act 1997 (section 100B Special Fire Protection Purposes); the Planning for Bushfire Protection 2019 guideline; and the NSW Rural Fire Service / its Commissioner. It replaces the previous Direction 4.4 and commenced 1 March 2022.
After receiving a gateway determination under section 3.34 and before community consultation under clause 4, Schedule 1 of the EP&A Act, the authority must consult the RFS Commissioner and take into account any comments made.
The planning proposal must have regard to that guideline, introduce controls that avoid inappropriate development in hazardous areas, and ensure bushfire hazard reduction is not prohibited within the Asset Protection Zone.
Where development is proposed, the proposal must provide an APZ with at least an Inner Protection Area bounded by a perimeter road or reserve on the hazard side, and an Outer Protection Area managed for hazard reduction on the bushland side.
For infill (development within an already subdivided area) where an appropriate APZ cannot be achieved, provide an appropriate performance standard in consultation with the RFS; but Special Fire Protection Purposes must still comply with APZ provisions.
The proposal must contain provisions for two-way access roads linking to perimeter roads/fire trails, adequate water supply for firefighting, minimise the developed perimeter interfacing the hazard, and control placement of combustible materials in the Inner Protection Area.
Highly relevant. Kiama has bushfire-prone fringes along its escarpment and vegetated rural-residential edges, so any planning proposal (rezoning or LEP amendment) touching or near mapped bushfire prone land triggers this direction. Kiama Council would need to consult the RFS Commissioner after gateway and before exhibition, embed APZ, access, water and combustible-material controls, and \u2014 if it wanted to depart from the direction \u2014 secure written RFS non-objection advice for the Secretary. Note this bites at the plan-making stage, not at individual DA assessment (though Planning for Bushfire Protection 2019 also governs DAs separately).
4.3 Planning for Bushfire Protection Objectives The objectives of this direction are to: (a) protect life, property and the environment from bush fire hazards, by discouraging the establishment of incompatible land uses in bush fire prone areas, and (b) encourage sound management of bush fire prone areas. Application This direction applies to all local government areas when a relevant planning authority prepares a planning proposal that will affect, or is in proximity to, land mapped as bushfire prone land. This applies where the relevant planning authority is required to prepare a bush fire prone land map under section 10.3 of the EP&A Act, or, until such a map has been certified by the Commissioner of the NSW Rural Fire Service, a map referred to in Schedule 6 of that Act. Direction 4.3 (1) In the preparation of a planning proposal the relevant planning authority must con sult with the Commissioner of the NSW Rural Fire Service following receipt of a gateway determination under section 3.34 of the Act, and prior to undertaking community consultation in satisfaction of clause 4, Schedule 1 to the EP&A Act, and take into account any comments so made. (2) A planning proposal must: (a) have regard to Planning for Bushfire Protection 2019, (b) introduce controls that avoid placing inappropriate developments in hazardous areas, and (c) ensure that bushfire hazard reduction is not prohibited within the Asset Protection Zone (APZ). (3) A planning proposal must, where development is proposed, comply with the following provisions, as appropriate: (a) provide an Asset Protection Zone (APZ) incorporating at a minimum: i. an Inner Protection Area bounded by a perimeter road or reserve which circumscribes the hazard side of the land intended for development and has a building line consistent with the incorporation of an APZ, within the property, and ii. an Outer Protection Area managed for hazard reduction and located on the bushland side of the perimeter road, (b) for infill development (that is development within an already subdivided area), where an appropriate APZ cannot be achieved, provide for an appropriate performance standard, in consultation with the NSW Rural Fire Service. If the provisions of the planning proposal permit Special Fire Protection Purposes (as defined under section 100B of the Rural Fires Act 1997), the APZ provisions must be complied with, (c) contain provisions for two-way access roads which links to perimeter roads and/or to fire trail networks, (d) contain provisions for adequate water supply for firefighting purposes, (e) minimise the perimeter of the area of land interfacing the hazard which may be developed, (f) introduce controls on the placement of combustible materials in the Inner Protection Area. Consistency A planning proposal may be inconsistent with the terms of this direction only if the relevant planning authority can satisfy the Planning Secretary (or an officer of the Department nominated by the Secretary) that the council has obtained written advice from the Commissioner of the NSW Rural Fire Service to the effect that, notwithstanding the non- compliance, the NSW Rural Fire Service does not object to the progression of the planning proposal. Issued to commence 1 March 2022 (replaces previous Direction 4.4)
This is an unofficial reproduction provided for convenience. It is not the official version of the legislation. For the official, in-force version, see legislation.nsw.gov.au.
Reproduced from the NSW Department of Planning, Housing and Infrastructure (planning.nsw.gov.au), © State of New South Wales, under Creative Commons Attribution 4.0. Text extraction may introduce minor formatting artefacts — rely on the official source for anything decision-critical.