Flood proposals must follow flood policy and avoid unsafe rezoning or development.
Planning proposals that create, remove or alter zones or provisions affecting flood prone land must give effect to the NSW Flood Prone Land Policy, the Flood Risk Management Manual, the flooding land use guideline and adopted flood studies. Proposals must not rezone flood planning area land from recreation/rural/conservation zones to residential or employment zones, and must not include provisions permitting unsafe development in floodways or high hazard areas. They must be consistent with an adopted flood study or supported by an accepted flood impact and risk assessment.
This direction controls how councils and other planning proposal authorities change zoning or planning controls on land that can flood. Its purpose is to stop new planning rules putting more people or vulnerable uses in harm's way, and to make sure any rezoning is backed by proper flood science. When you prepare a planning proposal (a proposed change to a Local Environmental Plan) that creates, removes or alters a zone or provision affecting flood prone land, the proposal must line up with the NSW flood policy framework and any adopted flood study or floodplain risk management plan.
The direction sets hard limits. It prohibits certain rezonings within the flood planning area (for example, turning recreation, rural, conservation or special purpose land into residential or employment zones), and it bars provisions that would allow risky outcomes such as development in floodways, big density increases, vulnerable uses where people cannot evacuate, or hazardous industries where materials cannot be contained during a flood. It draws a distinction between the narrower 'flood planning area' (where the strictest restrictions apply) and the broader 'flood prone land' (where a shorter list of restrictions applies).
Every affected planning proposal must either be consistent with the council's adopted flood study, or be supported by a Flood Impact and Risk Assessment (FIRA) prepared under the relevant 2023 guideline and accepted by the authority. The authority must satisfy itself that the proposed controls match actual flood behaviour and consider flood impacts both on and off the site. If a proposal is inconsistent, it should not proceed in that form.
All planning proposal authorities responsible for flood prone land — in practice councils (and other authorities) preparing planning proposals that affect flood prone land.
When preparing a planning proposal that creates, removes or alters a zone or provision affecting flood prone land.
The source states no general exemption process (no Secretary approval or justified-inconsistency clause is mentioned). Limited carve-outs are internal to the tests: development without consent is permitted where it is exempt development or agriculture (though dams, drainage canals and levees still require consent).
Ties directly to the NSW Flood Prone Land Policy (June 2023), the Flood Risk Management Manual 2023 (and the earlier Floodplain Development Manual 2005 where relevant), the Considering Flooding in Land Use Planning Guideline 2021, the Flood risk management guideline LU01 2023, and the Standard Instrument (Local Environmental Plans) Order 2006 (definition of sensitive and hazardous development). Definitions of flood terms are drawn from these manuals and guidelines.
The proposal must give effect to and be consistent with the NSW Flood Prone Land Policy (June 2023), the principles of the Flood Risk Management Manual (June 2023), the Considering Flooding in Land Use Planning Guideline (July 2021 or update), and any adopted flood study or floodplain risk management plan.
A proposal must not rezone land within the flood planning area from Recreation, Rural, Special Purpose or Conservation Zones to Residential, Employment, MU1 Mixed Use, W4 Working Waterfront or Special Purpose Zones.
Must not permit development in floodways, significant flood impacts on other properties, residential accommodation in high hazard areas, significant density increases, vulnerable uses where occupants cannot evacuate, development without consent (beyond exempt or agriculture), heavy demand on emergency resources, or uncontained hazardous industries.
Must not permit sensitive and hazardous development in floodways, vulnerable uses where occupants cannot evacuate, provisions affecting safe occupation and efficient evacuation, or a significant increase in emergency-resource requirements.
The proposal must be consistent with the council's adopted flood study, or supported by a Flood Impact and Risk Assessment accepted by the authority, prepared per guideline LU01 2023 and consistent with the authority's requirements.
Kiama has flood prone land along its creeks and low-lying coastal flats, so this direction bites on any Kiama planning proposal touching flood prone land — for example, proposals to rezone rural, recreation or conservation land near watercourses for housing or employment would be blocked within the flood planning area. Kiama would need an adopted flood study consistent with the 2023 Manual, or a FIRA it accepts, to support any such proposal, and would have to show controls match flood behaviour and consider evacuation and downstream impacts. Given Kiama's housing pressure, this limits where growth can be directed on flood-affected land.
P5.7 – Flooding Application P5.7 applies to all planning proposal authorities that are responsible for flood prone land when preparing a planning proposal that creates, removes or alters a zone or provision that affects flood prone land. Direction Principles 1) A planning proposal must include provisions that give effect to and are consistent with: a) The NSW Flood Prone Land Policy, as published by the NSW Department of Planning and Environment on June 2023. b) The principles of the Flood Risk Management Manual, as published by the NSW Department of Planning and Environment on June 2023. c) The Considering Flooding in Land Use Planning Guideline as published by the NSW Department of Planning, Industry and Environment on July 2021 (or its subsequent update). d) Any adopted flood study and/or floodplain risk management plan prepared in accordance with the relevant flood manual and adopted by the relevant council. Given on 1 July 2026 by the Minister for Planning and Public Spaces 2) A planning proposal must not rezone land within the flood planning area from Recreation, Rural, Special Purpose or Conservation Zones to a Residential, Employment, MU1 Mixed Use, W4 Working Waterfront or Special Purpose Zones. 3) A planning proposal must not contain provisions that apply to the flood planning area which: a) Permit development in floodway areas, b) Permit development that will result in significant flood impacts to other properties, c) Permit development for the purposes of residential accommodation in high hazard areas, d) Permit a significant increase in the development and/or dwelling density of that land, e) Permit development for the purpose of centre-based childcare facilities, hostels, boarding houses, group homes, hospitals, residential care facilities, respite day care centres, and seniors housing in areas where the occupants of the development cannot effectively evacuate, f) Permit development to be carried out without development consent except for the purposes of exempt development or agriculture. Dams, drainage canals, and levees, still require development consent, g) Are likely to result in a significantly increased requirement for government resources on emergency management services, combat agencies, flood mitigation, and emergency response measures, which can include but are not limited to the provision of road infrastructure, flood mitigation infrastructure and utilities, or h) Permit hazardous industries or hazardous storage establishments where hazardous materials cannot be effectively contained during the occurrence of a flood event. 4) A planning proposal must not contain provisions that apply to flood prone land, which: a) Permit sensitive and hazardous development in floodway areas, b) Permit the development of centre-based childcare facilities, hostels, boarding houses, group homes, hospitals, residential care facilities, respite day care centres and seniors housing in areas where the occupants of the development cannot effectively evacuate, c) Are likely to affect the safe occupation of and efficient evacuation of the development; or d) Are likely to result in a significantly increased requirement for government resources on emergency management services, combat agencies, and flood mitigation and emergency response measures, which can include but not limited to road infrastructure, flood mitigation infrastructure and utilities. 5) A planning proposal must be: a) Consistent with the flood study adopted by the council prepared in accordance with the relevant manual, or b) Supported by a flood and risk impact assessment (FIRA) which is: i) Accepted by the planning proposal authority. Given on 1 July 2026 by the Minister for Planning and Public Spaces ii) Prepared in accordance with the Flood risk management guideline LU01 2023, as published by the NSW Department of Planning and Environment on June 2023. iii) Consistent with the planning proposal authorities’ requirements. 6) The planning proposal authority must be satisfied that proposed provisions of an LEP that apply to flood prone land are commensurate with flood behaviour and includes consideration of the potential flood impacts both on and off the subject land. Note: “Flood prone land” “flood storage” “floodway” and “high hazard” have the same meaning as in the Flood risk management manual 2023. “Flood planning level”, “flood behaviour” and “flood planning area” has the same meaning as in the Considering flooding in land use planning guideline 2021. ”Sensitive and hazardous” development has the same meaning as in the Standard Instrument (Local Environmental Plans) Order 2006. “The relevant manual” means whichever of the following manuals were in force at the time that the relevant flood risk management study or plan was prepared – the Flood risk management manual 2023 or the previous Floodplain development manual 2005. For the purposes of preparing a planning proposal - flood prone land, flood planning area, flood planning level, and probable maximum flood must be consistent with either: • a Floodplain Risk Management Study adopted by the relevant council or • a Flood Impact and Risk Assessment prepared in accordance with the Flood Risk Management Manual 2023, provided it is consistent with the planning proposal and consent authority’s requirements and the existing adopted Flood Study and Flood Risk Management Studies where available.
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.
The authority must be satisfied that the proposed LEP provisions match flood behaviour and consider potential flood impacts both on and off the subject land.
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.