PPN11b: Planning Permit Applications under the New Flood Provisions

Flood risk must be considered in planning decisions to reduce risk and avoid intensifying the impact of flooding through inappropriately located use and development. Areas prone to flooding should be identified in planning schemes with appropriate controls on the use and development of land through the use of Victoria Planning Provisions (VPP) flood provisions.

Local floodplain development plans can be prepared and incorporated into planning schemes to guide decision-making on applications for development on land prone to flooding.

Land use planning is one mechanism that is used to minimise the risk of flooding to life and property. It is also a means of protecting the environmental and hydrological values of the floodplain as part of an overall catchment strategy.

What are the relevant flood provisions?

The flood provisions include:

1. State Planning Policy (clause 13.03 – Flood)
2. Any Municipal Planning Strategy and Local Planning Policy
3. Flood Management Zone (clause 37.11)
4. Flood Management Overlay (clause 44.09)
5. Decision guidelines (clause 65)
6. Referrals and Notice Provisions (clause 66)

State Planning Policy

The state planning policy for flood in clause 13.03 of the Planning Policy Framework (PPF) provides the broad framework for the integration of flood policy and provisions into the planning scheme. It provides guidance on how land prone to flooding should be treated in planning schemes and in planning decisions. Flood risk must be considered when decisions are made about the use and development of land.

The objective of the policy is to strengthen the resilience of settlements and communities to flood through risk-based planning that prioritises the protection of human life.

Its overarching strategy is to prioritise the protection of human life over other policy considerations when assessing the risk for flood in high, very high and extreme flood risk areas. Other key strategies include:

• ensuring development, access and built form design are resilient to the impacts of flood and future climate conditions
• avoiding locating particular uses within the 1 per cent Annual Exceedance Probability (AEP) (1 in 100 year) flood extent or Probable Maximum Flood (PMF), such as community facilities that accommodate vulnerable people, emergency services and those which involve the storage of hazardous materials with industrial or agricultural uses.

The level of flood risk is reflected in the type of flood provisions that have been applied to the land, based on information from Floodplain Management Authorities (FMA). Where accurate flood information is not available, but the land is known to be subject to flooding, flood risk should still be considered in decision-making.

What is a 1 per cent AEP flood?

A 1 per cent AEP (1 in 100 year) flood is a major flood event that has a 1 per cent chance of being equalled or exceeded in any given year. It is the primary design flood event for planning and building purposes and used as the basis for:

• defining the FMZ and FMO in planning schemes
• declaring flood levels and flood fringe areas under the Water Act 1989
• designating flood-prone areas and setting minimum building floor levels under the Building Act 1993.

What is the Probable Maximum Flood?

The Probable Maximum Flood (PMF) is the maximum possible extent and height of flooding. The PMF defines the largest flood that could conceivably occur at a particular location and normally covers a greater area than the 1 per cent AEP (1 in 100 year).

Municipal Planning Strategy and Local Planning Policy

The Municipal Planning Strategy may highlight local flooding issues identified in the Regional Catchment Strategy, any floodplain management plans developed by the Catchment Management Authority (CMA) and the council’s objectives and strategies for flooding.

Councils may also use a Local Planning Policy for flooding in clause 13.03-1L to guide decision-making on applications for planning permits in areas prone to flooding.

Flood requirements

The FMZ and FMO schedules provide different rules that coincide with varying flood risk.

Planning schemes apply these provisions to land based on the level of flood risk in accordance with the flood risk rating system. The FMZ and FMO apply to all types flooding (riverine, coastal and overland flows from stormwater).

The FMZ or FMO will specify whether a permit is required for a particular use or development, including the construction of buildings or carrying out of works, or subdivision of land. In assessing a planning permit application, the council needs to consider a range of matters, including the requirements of any local floodplain development plan.

The Building Regulations 2018 also include flood-related responsibilities for councils such as, the assessment of the flood risk of a site subject to flooding and the setting of minimum floor levels in consultation with the relevant FMA. These requirements should be known at the time a planning permit application is being prepared.

Section 188B of the Building Act 1993 provides the Minister for Housing and Building with powers to declare regions of Victoria as a designated flood-prone area. Upon designation of the flood-prone area the Construction of Buildings in Flood Hazard Areas 2012.3 (Australian Building Code Board, 2019) standard will apply to development irrespective of whether a planning permit is required.

What is the flood risk rating framework?

Flood risk ratings have been developed by the Department of Energy, Environment and Climate Action as a tool to better communicate flood risk through mapping. Risk ratings from low to extreme flood risk provide a more accessible interpretation of technical flood data by translating flood model outputs into categories that describe the level of risk to people, property and infrastructure.

FMAs apply the flood risk ratings to flood maps as an output of flood studies. The flood risk ratings of moderate to extreme correspond to a planning control. Refer to Table 1 for more information on the flood risk ratings as they relate to the planning provisions.

FMAs are accountable for converting flood information into planning scheme flood maps. This is a stepped process that considers matters such as, identifying the areas corresponding to the risk ratings (low to extreme), use of the FMZ, avoiding unnecessary referrals, preserving important flow paths and waterways and applying discretion in how the default risk ratings are applied using their technical expertise and knowledge of local conditions.

FMAs are responsible for providing advice about flooding and planning controls on development to the Minister for Planning among other functions under Section 202 of the Water Act 1989.

Flood Management Zone

The FMZ is the most restrictive provision and applies to land at extreme flood risk within the 1 per cent AEP (1 in 100 year) flood. The land is considered to be unsafe for people or people in vehicles. Buildings are also likely to incur structural damage or they may be vulnerable to failure.

The primary function of land in the FMZ is to convey active flow paths and store floodwaters. The FMZ controls land use and development, with land use being restricted to low intensity uses such as recreation and agriculture. Development is generally not encouraged in the FMZ.

Unlike most zones, the FMZ is not applied to property boundaries, but to the extent of extreme flood risk. Some properties will only be partially covered by the FMZ and only those parts zoned FMZ must comply with it.

Flood Management Overlay

The FMO applies three schedules to land at moderate, high and very high flood risk within the 1 per cent AEP (1 in 100 year) flood.  Each schedule corresponds to a moderate, high and very high flood risk rating.

The FMO regulates land use and development enabling responsiveness to further impacts foreseen by flood climate risk modelling. In accordance with clause 13.03-1S of the PPF, community facilities, emergency services and potentially contaminating land uses are discouraged on FMO land.

A planning scheme may contain more than one of each schedule, each with a unique number and name and may have locally specific objectives and statements of risk. For example, a planning scheme could contain three moderate flood risk schedules, each applying to a different area.

FMO Moderate Flood Risk Schedule

Moderate flood risk land is safe for most people, but not for people in small vehicles. Many forms of development can be supported in these areas if they are designed in a risk-responsive manner, can demonstrate safe access and egress and do not intensify off-site flood impacts. The location of vulnerable land uses should be carefully assessed.

FMO High Flood Risk Schedule

High flood risk land is unsafe for children or older adults, particularly if the access to high ground is flooded. Vulnerable land uses are prohibited in these areas. The intensification of land use or development should be carefully considered and include a detailed assessment of access and egress safety.

FMO Very High Flood Risk Schedule

Very high flood risk land is unsafe for people or people in vehicles. Most buildings are considered safe, but access to high ground may be hazardous to people or vehicles. The intensification of land use or development is generally discouraged. Vulnerable land uses are prohibited.

The FMOVH may be used as an alternative planning control in extreme flood risk areas if there is justification by the FMA to retain the existing zone that applies to the land.

Decision guidelines

Clause 65 of the planning scheme extends the consideration of flood issues to all planning permit applications regardless of whether the site is affected by a FMZ or FMO. Clause 65 requires that for the approval of an application or plan, the council must consider, among other things, the degree of flood risk associated with the location of the land and the use, development or management of the land so as to minimise flood risk.

In addition to clause 65, the FMZ and FMO and schedules contain their own decision guidelines that the council must consider when assessing an application. The FMOM contains more detailed decision guidelines in the absence of the requirement for a flood risk report.

What activities require a permit on land prone to flooding?

Land use

Regulating land use helps to reduce risk to human life and limits asset losses from flood.

Increasing the intensity of land use or a change in land use can increase flood risk, therefore in areas of highest flood risk and with a potential for land use intensification, it may be appropriate that land use is restricted. The FMZ and FMO control the use of land in identified floodway areas. Where the FMO applies over an existing zone, the more restrictive land use regulation of the two provisions will apply.  For example, if a use is prohibited in the FMO but a section 2 use in the zone, then the use is prohibited.

Buildings and works

Structures such as dwellings, commercial and industrial buildings, earthworks, levees, fences, roads and channel embankments can interfere with the free passage of floodwater resulting in substantial flood damage and flood risk. They may also increase the number of people living in the floodplain. For these reasons, most buildings and works require a permit under the FMZ and FMO. Some buildings may not be allowed or may need to be redesigned or relocated to meet the objectives of the flood provisions. Building floor levels should be consistent with the Building Regulations 2018.

Some buildings and works are exempt from requiring a permit. This includes flood mitigation works carried out by the responsible authority or FMA, underground services and open-type fencing that is unlikely to interfere with flood flows.

The PPF requires that:

• community facilities (including residential aged care facilities, community shelters, child care centres and schools) be located outside the 1 per cent AEP (1 in 100 year) flood extent, unless flood risk can be safely managed through appropriate siting, access and design
• emergency services and essential infrastructure (including ambulance, police and fire stations, and hospitals) be located outside the 1 per cent AEP (1 in 100 year) flood extent and where practicable above the PMF level. Where this is not practicable they should be:
  • sited in areas of relatively low flood risk
  • designed to minimise risk and maintain safe access and operational continuity during and after floods.

Earthworks

Earthworks include land forming, laser grading, levee banks, lanes, tracks, aqueducts, surface and subsurface drains and any associated structures.

Significant earthworks, including levees and raised roads, are inappropriate for floodway land. The construction of inappropriate earthworks can obstruct or divert flood flows, reduce natural flood storage areas, impact on environmental values and increase flood flows, flow velocities and flood damage. In rural areas, private levees constructed without regard for flood, may have potential effects beyond farm boundaries. In urban areas, earthworks can interfere with local drainage and divert floodwater onto other properties.

As earthworks are a type of ‘works’ under the planning scheme, a permit is required for earthworks associated with a use that requires a permit under the zone or an overlay (including the FMZ and FMO). A planning permit may also be required for earthworks under a specific requirement in the Green Wedge Zone, Green Wedge A Zone, Rural Living Zone, Rural Conservation Zone, Farming Zone or Rural Activity Zone.

Subdivision

A permit is required for subdivision under the FMZ and FMO. Where possible, land prone to flooding should be maintained in large parcels and not be fragmented by multiple property boundaries.

The subdivision provisions aim to achieve this objective by not allowing:

• new lots to be created in the FMZ other than to realign the boundaries of existing lots
• the creation of vacant lots which are entirely within the FMOH or FMOVH schedules or an area affected by both the FMOH and FMOVH schedules. A vacant lot should contain sufficient area with a lower flood risk to provide for the appropriate siting of a building envelope and safe access.

Subdivision provisions in the FMOM Schedule are less stringent. However, the intensification of development in flood storage areas or natural habitats should be discouraged. Any subdivision that could result in long-term intensification of development in flood-storage areas should be carefully assessed.

Making an application for a planning permit

Before an application is prepared, check the application requirements in the FMZ or FMO that applies to the land.

These requirements must be met for the council to properly consider the application.

As with any planning permit application, the application should address the PPF and MPS. It should also be accompanied by the following information where relevant to the particular application:

• the existing and proposed use of the site
• the number of people expected on-site during normal operations
• the existing natural surface levels and proposed finished surface levels
• the existing and proposed buildings, including floor levels
• the existing and proposed earthworks, including crest levels
• the existing and proposed roads, including centre lines, kerbs, footpaths and crest levels
• the existing and proposed drainage systems, including waterways, pipelines, drains, culverts and bridges
• details of any other physical features that may affect flows, such as levee banks, fences and retaining walls.

Information about the properties surrounding the site and about important physical features upstream and downstream of the site may also be useful for the council and FMA.

Local floodplain development plans

A local floodplain development plan is a set of requirements and guidelines for development in a particular area prone to flooding. It is developed jointly by a council and FMA and enables specific local requirements in the planning scheme.  It has two purposes:

• to provide a set of requirements and guidelines for development in a particular area.  It should address local circumstances and record local flooding information.
• to simplify and streamline the consideration of planning permit applications and avoid the need to prepare a flood risk report.

If a local floodplain development plan exists for the area and has been incorporated into the planning scheme, an application must be consistent with the plan.

Flood risk reports

If a local floodplain development plan has not been incorporated into the planning scheme, and the land is in the FMZ or FMOH or FMOVH schedules, a flood risk report must be prepared by the applicant and lodged with the planning permit application.

A flood risk report is a detailed flood assessment supporting a particular development proposal. Its purpose is to provide information about the subject property, the proposed development and the relevant flood impacts. It should also justify whether the proposed development is compatible with the flood risk, in terms of the risk to the development itself and the risk transferred by the development to other parts of the floodplain.

A flood risk report must be prepared by the applicant and should address the following matters where relevant to the particular application:

• details of the proposed development and site conditions
• the flood extent, flood levels and flow directions relevant to the site
• the frequency, duration, depth and velocity of flooding and flood warning time applicable to the development site and access way
• the susceptibility of the development to flood damage
• the potential flood risk to life, health and safety
• the effect of the development on reducing flood storage and on redirecting or obstructing floodwater, stormwater or drainage water
• the effect of the development on environmental values, for example, flora, fauna and wetlands
• whether the proposed development could be located on flood-free land or land with a lesser flood risk.

When preparing the report, an applicant should use all available flooding information from the council and FMA applicable to the site and local area. The level of detail required in a flood risk report will vary from case to case and should be established with the council at the outset.

Preparing a flood risk report is not intended to be an onerous requirement. Rather, the level of information needs to be matched to the complexity of the proposal and the flood risk issues.

As the FMA is generally the holder of most information on flooding, it is important that the council consults with the FMA on the level of information necessary for a flood risk report. To streamline the approvals process, the council and FMA should work closely together so that both understand and agree on the level of reporting required for different classes of applications or for an individual application. This should then be clearly articulated to the applicant.

In the case of a small-scale development, such as a dwelling or minor subdivision, the report can be simple and concise and may be prepared by the landowner. For a larger development, a more detailed report will be required and specialist advice may need to be sought.

An example of a simple flood risk report for a dwelling on a rural property is shown below.

How will a planning permit application be assessed?

Figure 1 shows the process for assessing a planning permit application under the flood provisions for council and the FMA as referral authority.

Referral of applications

Applications must be referred to the relevant FMA under section 55 of the Planning and Environment Act 1987, except where the council has made a written agreement with the FMA regarding conditions or requirements for particular types of development. An agreement may be appropriate in the following situations:

• where a local floodplain development plan has been prepared and provides sufficiently explicit guidelines for development
• in FMO areas which act as flood fringe and where there is potential for only a minor infill development, subject to minimum floor level requirements
• in FMO areas where it can be agreed that development is unlikely to have a significant impact on flood risk, flood storage and the environment.

Whenever necessary, particularly along rivers that flow through more than one catchment management area or on the State border at the Murray River, a coordinated approach to referrals is encouraged.

Making a decision

When deciding or commenting on an application, a council or FMA should consider the decision guidelines in the FMZ and FMO and their schedules as well as those in clause 65 of planning schemes.

Decision guidelines outline policy-neutral considerations for evaluating a development.  The decision maker must decide whether a proposal will produce acceptable outcomes in terms of the decision guidelines.

For example, development must be consistent with the PPF (clause 13.03), any flood-related strategic directions in the Municipal Planning Strategy (clause 02), Local Planning Policy (clause 13.03-1L) and any regional catchment strategy or floodplain management strategy adopted by the CMA.

Other considerations may include:

• Locating development on safer land that is flood-free or has a lesser risk.
• Avoiding residential, commercial and industrial buildings on floodway land due to the potential for flood hazard and for obstruction of flood flows.
• Positioning emergency facilities above the 1 per cent AEP (1 in 100 year) flood level and preferably above the PMF level.
• Preventing significant earthworks, such as levee banks, channel banks and raised roads on floodway land due to the potential for obstruction of flood flows.
• Assessing the incremental long-term effects of development. While a single development may not cause a significant change, the cumulative effect of several similar developments may be substantial.

A development should be refused if it is likely to cause an unacceptable increase in flood risk.  For example:

• if it is likely to result in danger to the life, health and safety of the occupants due to flooding of the site
• increase the burden on emergency services and the risk to emergency personnel
• raise flood levels or flow velocities to the detriment of other properties
• obstruct flood flows or reduce natural flood storage. The capacity of land subject to inundation to convey and store floodwater must be maintained
• be detrimental to natural habitats, waterway stability, water quality or sites of significance.

Permit conditions

The council and the FMA (as the referral authority) may set permit conditions. In determining appropriate and reasonable conditions, any relevant guidelines developed in a local floodplain development plan should be taken into account. Permit conditions may address:

• the location and extent of buildings and works
• the maximum height and extent of landfill and earthworks, including levees
• minimum building floor levels
• floor level and size requirements for building extensions
• flood-proofing measures for buildings, such as type of materials, method of construction and flood gates
• restrictions on storage of goods or materials that may create pollution or a floating hazard during floods
• land drainage and effluent disposal requirements
• requirements for access roads and tracks
• measures required to offset environmental impacts
• tree planting and removal of vegetation
• endorsement on subdivision plans that all or parts of the property are subject to inundation.

Remember that conditions should be enforceable and relevant to the proposal.

More information

Planning scheme information

For information on a planning scheme, or on how to make a planning permit application for a change of land use, buildings, works or subdivision, contact the local council, or visit the department’s website at planning.vic.gov.au

Flood information and advice

For information on flood risks and other flooding matters in an area, contact the relevant FMA.

Regional Victoria

Nine CMAs operate within regional Victoria. They are: Corangamite CMA, East Gippsland CMA, Glenelg Hopkins CMA, Goulburn Broken CMA, Mallee CMA, North Central CMA, North East CMA, West Gippsland CMA and Wimmera CMA.

For more information see Department of Energy, Environment and Climate Action’s Catchment Management Authorities website at viccatchments.com.au

Greater Melbourne area

Melbourne Water is the CMA within the Port Phillip and Western Port Catchment Management Region.
Contact the relevant local retail water company City West Water, South East Water, or Yarra Valley Water first as they issue property information statements, including flood risk information, on behalf of Melbourne Water.

For further flood information and advice, contact Melbourne Water on 131 722.

Page last updated: 01/10/26