Planning for Casey s Community

2 July 2013 ITEM 2 ATTACHMENT 1 Council Report from Meeting This information is circulated separately. Council Meeting Page 9

Amendment C143 to the Casey Planning Scheme Revisions to various areas within Casey that are subject to the Land Subject to Inundation (LSIO) and Special Building Overlays (SBO) 71-1-4-1C143 Duncan Turner Council Plan Reference: 3.2 Purpose of Report: Council to consider submissions and refer to Panel, and Report back to Council on recommendations in relation to Amendment C143 carried by Council on 7 June 2011 and 16 August 2011 Executive Summary Council resolved to exhibit Amendment C143 to the Casey Planning Scheme at its Planning Committee meeting on 22 February 2011. The amendment seeks to amend the Land Subject to Inundation Overlay (LSIO) and Special Building Overlay (SBO) by making additions to reflect Melbourne Water s updated flood mapping data, which follow on from changes made under Amendment C142. Exhibition of the amendment commenced on 26 May 2011. Nineteen submissions were received. Council resolved on 7 June 2011 and 16 August 2011 to undertake additional consultation with affected landowners in conjunction with Melbourne Water. Following completion of all additional consultation, it is recommended that all submissions received be referred to an independent Panel. Background The Land Subject to Inundation (LSIO) and Special Building Overlay (SBO) were introduced into the Casey Planning Scheme on 8 February 2007 after extensive work was conducted by Melbourne Water and Council officers to identify land subject to inundation throughout the municipality. The purpose of the LSIO includes to identify land in a flood storage or flood fringe area affected by a 1-in-100-year flood, or any other area determined by the floodplain management authority. The purpose of the SBO includes to identify land in urban areas liable to inundation by overland flows from the urban drainage system as determined by, or in consultation with, the floodplain management authority. Both the LSIO and SBO seek to ensure that development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions, and will not cause any significant rise in flood level or flow velocity. Council Meeting Page 1

Under these provisions most new development requires a planning permit to ensure the development is protected from flooding and does not cause any significant rise in flood levels or flow velocities, which may adversely affect other properties. Land throughout the municipality is continually developed, resulting in changes to the surface topography and the drainage networks. It therefore becomes necessary to revise the areas over which flooding controls apply. Where drainage and fill works have been completed such that Melbourne Water (the relevant floodplain management authority) deem the land is no longer subject to flooding hazards, the overlay is no longer required. Further, where land is developed and infrastructure is improved but an overlay is still required, a SBO is the appropriate control rather than a LSIO. A SBO applies to urban land which is subject to stormwater flooding or overland flow, but is not part of the primary floodway. Overlay maps indicating areas that are affected by a LSIO or SBO must therefore be amended from time-to-time following recommendations from Melbourne Water, as a result of updated flood data modelling and/or the approval of subdivisions for development. The most recently approved amendment that reviewed the overlay maps was Amendment C109, which was approved by the Minister for Planning on 31 July 2008. It is now appropriate to once again revise the LSIO and SBO mapping in the planning scheme. This is to ensure they are up-to-date and future development on land that is identified as subject to flooding hazards can be better managed by Council and Melbourne Water through the application of appropriate overlay controls. Accordingly, in late 2010 Melbourne Water requested that two amendments to the Casey Planning Scheme be processed. The first amendment (C142), to be processed by the Minister under Section 20(4) of the Planning and Environment Act 1987, to make deletions from the LSIO and SBO where flooding data shows land is no longer likely to flood in a 1-in- 100-year flood event. The second amendment (C143), to be processed by Council, to apply the LSIO and SBO where flooding data shows land is now likely to flood in a 1-in-100-year flood event. Amendment C143 follows on from changes made by Amendment C142 to the Casey Planning Scheme, which the Minister for Planning approved on 10 February 2011. Amendment C142 made the following changes to the planning scheme: Rezoned part of the land at No s. 61-63 Cranbourne Road, Narre Warren from an Urban Floodway Zone (UFZ) to a Low Density Residential Zone (LDRZ), as Melbourne Water considered that the UFZ controls were no longer applicable though the LSIO remained in place. Deleted the LSIO and the SBO from various land where drainage and fill works have been completed and the overlay is no longer applicable. Clause 13.02 of the State Planning Policy Framework (SPPF) requires land inundated by the 1-in-100-year flood event, as determined by the floodplain management authority, to be identified in planning scheme maps. Accordingly, current Melbourne Water flood modelling, which underpins both a LSIO and SBO, is based on a 1-in-100-year Average Recurrence Interval (ARI) storm event. This indicator, in effect, represents the probability of a particular storm event occurring at any given time. Its application through relevant planning controls provides the ability to apply design and construction standards to proposed developments. Council Meeting Page 2

Extreme storm and flooding events may occur that exceed the 1-in-100-year standard, such as the events of February 2011 that had a significant impact on some areas of Casey. In these instances, land beyond what is included in either a LSIO or SBO will be impacted. The 1-in-100-year storm event remains the industry standard in the design of urban stormwater systems and is also prescribed in both Federal and State policy. The use of a 1- in-100-year event interval is supported by further standards relating to the siting and design of buildings to ensure safe access and that constructed floor levels have a margin of safety above the 1-in-100-year flood level. To cater for events that might be 1 in 300 years or even 1 in 500 years would result in huge increases in the costs of developing new growth areas. Preparation of the Amendment On 22 February 2011, Council resolved to prepare and to exhibit Amendment C143 in accordance with the requirements of Section 19 of the Planning and Environment Act 1987. Recent mapping and flood modelling by Melbourne Water has shown that some areas identified in this amendment are no longer subject to flooding and overland flow and the overlay can therefore be deleted from these areas to reflect the current data. Further, some properties have now been identified as being subject to inundation and are therefore proposed to be included in the overlay. This means that these nominated properties will in future require a planning permit and the consent of Melbourne Water to undertake certain development works on the land. The benefit of this process is that future development works on the property can be managed to avoid damage during flooding. Amendment C143 therefore proposes to amend both the Land Subject to Inundation Overlay (LSIO) and Special Building Overlay (SBO) by making additions to reflect Melbourne Water s updated flood mapping data, which follow on from changes made under Amendment C142. The above changes are detailed on the maps included as Attachment 1. Exhibition and Consultation Formal exhibition of Amendment C143 commenced on 26 May 2011 (due to end on 27 June 2011) in accordance with the requirements of Section 19 of the Planning and Environment Act 1987, by: Publishing a Notice of Amendment in the Victoria Government Gazette on 26 May 2011. Publishing a Notice of Amendment in the Berwick/Cranbourne News on 26 May 2011. Sending a Notice of Amendment to landowners/occupiers and authorities affected by the amendment on 24 May 2011. Letters were sent to landowners/occupiers and authorities advising hard copies of the amendment documents could be viewed at Council s Customer Service Centres, and providing website links in order to view the electronic amendment documentation displayed on the Casey website. At its meeting on 7 June 2011, in response to the tabling of a joint letter, Council resolved as follows: 1..That the joint letter organiser be advised of the result of this recommendation. Council Meeting Page 3

2. That the submission time for the C143 Planning Amendment be extended to 30 July 2011 to allow for proper public consultation and sufficient time for residents to become informed of the implications of the C143 amendment so that they may submit a relevant submission should they wish to do so. 3. That a public meeting be convened in Pearcedale and attended by Councillor Ablett, any interested Councillors, City of Casey officers and Melbourne Water representatives, to advise residents of the causal factors for the C142 and the C143 amendments and allow residents sufficient question time at that meeting. 4. That a meeting invitation be sent at least two weeks in advance prior to the meeting. That this invitation be sent to each of the residents in Balla Balla ward proposed to be affected by the amendment, including the meeting time, date and venue. In response to Council s resolution, the actions were undertaken: Responding to point 1, Council officers sent a letter on 9 June 2011 to the joint letter organiser advising them of Council s resolution. Responding to point 2, a revised notice with an amended closing date for submissions of 1 August 2011, was published in the Government Gazette and local newspapers, and was also mailed to all affected land owners and occupiers. Included with the revised notice to affected land owners and occupiers in the Balla Balla Ward were invitations to attend a Public Information Session on 27 July 2011 in Pearcedale. Responding to point 4, an invitation was sent on 12 July 2011 to all affected land owners and occupiers in the Balla Balla Ward advising: That a joint letter had been tabled at Council s meeting on 7 June 2011 and Council s responding resolution; That the formal exhibition period for Amendment C143 had been extended to 1 August 2011 (point 2); That a public information session would be held on 27 July 2011 in Pearcedale, to provide land owners and occupiers with an opportunity to meet with Council and Melbourne Water officers to discuss the planning scheme amendment (point 4); and, That the amendment documents continue to be available for inspection at Council s offices and on Council s website. Responding to points 3 and 4, a Public Information Session was held on 27 July 2011 at the Pearcedale Community Centre where Council and Melbourne Water officers provided information relating to the C142 and C143 Amendments, and considerable time was provided for questions from the attendees. The session was attended by 27 land owners and/or occupiers, Councillor Ablett, and Neale Burgess MP, State Member for Hastings. The outcomes can be summarised as follows: Council Meeting Page 4

Council and Melbourne Water officers acknowledged and noted the concerns raised by attendees. Council and Melbourne Water officers indicated that each land owner and/or occupier attending the session would be contacted independently to discuss concerns relating to each property. Council officers indicated that the amendment would not progress to the next stage until all land owners and/or occupiers attending the session had been contacted independently for discussion. Council officers indicated the time period for receiving submissions to the proposed amendment would be extended by two months until 1 October 2011 to allow ample time for any concerned parties to make a submission. At its meeting on 16 August 2011, in response to the tabling of a petition, Council resolved as follows: 1. That representatives of Melbourne Water visit all properties in Southern City of Casey where a 143 flood overlay or any other drainage issues has been introduced by Melbourne Water and/or the City of Casey to communicate information with owners. 2. That all properties in Southern City of Casey with C143 overlays or any other drainage issues that have been introduced by Melbourne Water and/or the City of Casey be surveyed by a licensed surveyor so that the levels of the land are exact and not estimated. 3. That the owners of any properties in the City of Casey that are involved in any drainage or flood overlay issues be consulted by representatives of the responsible organisation. This would be Melbourne Water and/or the City of Casey Council. That this consultation takes place before any plan is activated on any property. 4. That Council, in conjunction with and on behalf of Melbourne Water and VicRoads write to all land owners and explain who is responsible for the drains on their properties and the drains between their properties and any roadway. 5. That the time for submissions from land owners to the City of Casey Council be extended until such time as all land owners have been visited by representatives from Melbourne water and all surveys completed. 6. That the City of Casey liaise and advocated to Melbourne Water for: a. works to be conducted in the Langwarrin creek catchment to cater for the past 10 years of urban expansion to upgrade the drainage system and again before future urban expansions upstream, to minimise water logging and the threat of flooding to downstream and rural properties. b. That Melbourne water commence maintaining the depth of the creek on a frequent regular cycle. Council Meeting Page 5

7. That a Telemetry device be installed at a suitable location downstream in the Langwarrin creak by Melbourne Water. 8. That the petitioner be notified. In response to Council s resolution, the actions were undertaken: Council officers wrote to Melbourne Water on 25 August 2011 to advise them of Council s resolution, and specifically to seek their response to points 1 and 2. Melbourne Water responded by letter dated 8 September 2011, a copy of which is included at Attachment 2. In summary, Melbourne Water advised as follows: Amendment C143 was prepared to update and improve the accuracy of existing LSIO and SBO maps utilising industry accepted modelling and mapping programs which combine aerial photogrammetry and field based survey to prepare topographic maps. Detailed survey of every property is not warranted in most circumstances; however, additional surveys of several properties in Pearcedale have been undertaken at the request of landowners. The overlays serve to identify areas where drainage issues need to be considered prior to development. The appropriate time to undertake detailed investigations is when a development is proposed. In addition to the statutory exhibition requirements, a public information session was held in Pearcedale, individual consultation was then provided to all land owners that attended and all petition signatories, followed by site inspections and detailed surveys where requested. Where submissions cannot be resolved it is appropriate to refer them to an independent Panel. Council s Manager Engineering wrote to Melbourne Water s Manager Floodplain Services seeking their response to points 4, 6 and 7 of Council s resolution. The outcome of this will be reported separately to Council as the planning scheme amendment process cannot resolve these matters. Responding to point 3, since placing Amendment C143 on exhibition on 26 May 2011, Council and Melbourne Water Officers have, in addition to the statutory notification requirements of the Planning and Environment Act 1987, conducted a public information session in Pearcedale to which all affected land owners and occupiers in Balla Balla Ward were invited. At this meeting an undertaking was given by Melbourne Water and Council officers that individual consultation would be provided to all those attending the meeting. Melbourne Water officers also provided individual consultation to some additional land owners and occupiers, including all signatories of the joint letter and the petition. Melbourne Water officers contacted each person to discuss concerns relating to the individual property. In many instances, where the land owner/occupier accepted and consented, Melbourne Water officers visited the property to discuss concerns face-toface and conduct a site inspection. Of these, several property owners/occupiers consented to individual property surveys. Each property survey conducted confirmed the proposed LSIO shape. Council Meeting Page 6

In relation to point 8, Council officers sent an initial letter on 18 August 2011 to the petition organiser notifying them that the recommendation contained in the petition was passed as a resolution of Council. In order to fulfil Council s resolution directing that the petitioner be notified, officers have extended an invitation to the petition organiser to attend a meeting with Council, Melbourne Water officers and Cr Ablett to convey what has transpired. However as they no longer own or reside on the property in Pearcedale affected by Amendment C143, they have advised that they do not wish to continue performing the role of petition organiser/head signatory. As such, in the absence of another signatory willing to take on this role, Council officers have nominated to write to each signatory to convey that their submissions (joint letter and petition) will be considered by Council at its meeting on and that the Council meeting agenda containing the report can be viewed on the Council s website or a hard copy can be obtained from Council Customer Service Centres. Submissions During the extended exhibition period 19 submissions were received. These included one joint letter, one petition, and two submissions from one submitter. These also included six submissions from referral authorities having no objection to the amendment. The objections received generally relate to the following issues: Accuracy of proposed overlay shape (accuracy of flood mapping data). Planning processes. Erroneous deletion of the LSIO from some land parcels in Pearcedale under Amendment C142 (Maps 17LSIO and 20LSIO). Flood mitigation works by authorities. Effect on property values. Effect on property insurance. No known history of previous flooding. Assessment of submissions A summary of the submissions received and officers responses is included as Attachment 3. However, a response to the general issues raised is provided below: Accuracy of proposed overlay shape Council officers have reviewed all the submissions in consultation with Melbourne Water. An assessment of each submission was made by examining flood modelling relating to each property to determine whether the shape of the proposed overlay should be amended or left unchanged. The process has involved extensive liaison and numerous meetings between Melbourne Water and Council officers, also between both Melbourne Water and Council officers and affected land owners. Council Meeting Page 7

In several instances Melbourne Water have conducted surveys of properties (in response to the petition and where the land owner wanted/consented for this to occur) and in all instances Melbourne Water s flood modelling was confirmed to be correct. However, in response to one submission (Submission No. 19), it is recommended that planning scheme Map 10LSIO is changed to reduce the extent of the LSIO. Planning processes One submitter raised the following concerns about planning process: An incorrect planning map was mailed with an exhibition notice. Other land owners may have received incorrect maps too and may believe the amendment does not affect their properties The Pearcedale public meeting was advised by a flyer with the wrong public hall named, causing some people to miss the meeting. In accordance with the statutory requirements of the Planning and Environment Act 1987, a Notice of Amendment was published in the Victoria Government Gazette and local newspapers, and copies were mailed to all affected land owners and occupiers, along with prescribed statutory authorities. In addition to the minimum exhibition requirements, the following were actioned: Website links were provided to view the electronic amendment documentation displayed on the Casey website. The exhibition period was extended and a second notice was published in the Victorian Government Gazette, Local Newspapers, and were mailed to all affected land owners and occupiers and prescribed authorities. Formal invitations to a Public Information Session were sent with the second notice to all affected land owners and occupiers in the Balla Balla Ward. A Public Information Session was held at the Pearcedale Community Centre that was attended by 27 residents. Individual consultation was provided to all attendees of the Public Information Session and all petition signatories. On-site consultation was provided where requested by the land owner. Detailed surveys were conducted where requested by the land owner. While it is acknowledged that at least one incorrect map was mailed out it is considered that ample opportunity was provided to all interested and affected residents throughout the extended exhibition period for their views to be expressed. Further, while the invitation to the public meeting mistakenly referred to the Pearcedale Public Hall instead of the Pearcedale Community Centre, the correct address was given and the meeting was well attended. Council Meeting Page 8

Erroneous deletion of the LSIO from some land parcels in Pearcedale under Amendment C142 (Maps 17LSIO and 20LSIO) The task of updating the LSIO and SBO maps in the Planning Scheme was to be implemented in two stages. Stage One being Amendment C142 followed by Stage Two being Amendment C143. The intention of Amendment C142 was to make deletions from the LSIO and SBO where flooding data shows portions of land across the municipality were no longer likely to flood in a 1-in-100-year flood event. Where an amendment removes redundant controls, the Minister for Planning may intervene under Section 20(4) of the Planning and Environment Act 1987, at Council s request, and process the amendment without the need for exhibition. Amendment C142 was considered to fit this criteria and was processed under this section of the Act. The intention of Amendment C143 is to make additions to the LSIO and SBO where flooding data shows portions of land across the municipality are now likely to flood in a 1-in-100-year flood event. Where an amendment seeks to apply new controls to land it must follow full exhibition processes required by the Act. Amendment C143 includes some small deletions from the SBO. Amendment C142 was gazetted on 10 Feb 2011. Council officers detected mapping errors on planning scheme Maps 17LSIO and 20LSIO the same day and notified the Department of Planning and Community Development immediately. The error was such that the LSIO was inadvertently deleted from some land parcels in Pearcedale where flooding data shows the land is in fact still likely to flood in a 1-in-100-year flood event. The particular concern raised was that one property was purchased after the LSIO had erroneously been removed and the purchaser was not aware that the land was liable to flooding despite claiming that due diligence investigations were exercised. To ascertain whether a property is liable to flooding when purchasing a property, most commonly a Land Information Certificate issued by Council s Rates and Property Department or a Building Certificate Part 2 issued by Council s Building Surveying Department, is sought by the purchaser. Either of these certificates would have shown that the subject property was liable to flooding. Council records show that neither of these certificates were sought from Council between 10 February 2011 when Amendment C142 was gazetted and 5 May 2011 when Amendment C143 commenced. It should also be noted that the purchaser/current owner of the property in question did not raise this concern, nor has made a submission or signed any petition. Matters beyond the scope of Amendment C143 Flood mitigation works by authorities It is acknowledged that if drainage infrastructure is not properly maintained or flood mitigation works do not keep pace with development works that water inundation activity is likely to alter. There are many circumstances that may impact on water inundation activity. These issues are beyond the scope of this planning scheme amendment. Council Meeting Page 9

The purpose of Amendment C143 is to show, on planning scheme maps, land that is subject to inundation in a 1-in-100-year flood event, in accordance with the latest flooding data available, as directed by Clause 13.02 of the State Planning Policy Framework in all Victorian Planning Schemes. Effect on property values The effect of a new or amended planning control on property values is unknown as there are many variables that have an impact. The value of any property is determined by a complex interplay of many different factors such as location, streetscape and amenity, and it is difficult to assign what effect, if any, the identification of land as subject to inundation on a planning scheme map may have on the value of a property. The substantive issue is whether or not, based on available data/modelling, land is liable to flooding. It is this fact that will likely have an impact on property values, not the existence of an overlay control. This effect, therefore, is not a valid planning consideration. Effect on property insurance It is not possible to determine the effects of the controls on property insurance, as various policies differ in their terms and conditions. The Amendment does not change in any way the risk of flooding that exists, so any effect on insurance will largely be determined by the usual risk assessment undertaken by insurance companies. No history of previous flooding It cannot be assumed that flooding has not previously occurred, or will not occur in the future, on any given property on the basis that there are no extensive historical records of flooding. The LSIO is based upon the extent of flooding that would result from a 1-in-100-year storm event. Next stage in the amendment process Under Section 23 of the Planning and Environment Act 1987, after considering a submission that requests a change to an amendment, Council must change the amendment in the manner requested, or refer the submission to an independent panel, or abandon the amendment. Council may refer submissions which do not require a change to the amendment to a Panel. Accordingly, it is recommended that the Minister for Planning be requested under Section 23(1)(b) of the Planning and Environment Act 1987, to appoint a Panel to consider all submissions to the amendment under Section 153 of the Act. Council would subsequently have the opportunity to consider the Panel s report prior to making any final decision on the amendment. The version to be considered by the independent Panel will be amended changing planning scheme Map 10LSIO to reduce the extent of the LSIO. Conclusion Amendment C143 seeks to update and improve the accuracy of the LSIO and SBO in the Casey Planning Scheme in accordance with Clause 13.02 of the State Planning Policy Council Meeting Page 10

Framework, which requires land inundated by the 1-in-100-year flood event, as determined by the floodplain management authority, to be identified in planning scheme maps. Melbourne Water flood modelling is based on a 1-in-100-year Average Recurrence Interval (ARI) storm event. It is the industry accepted modelling and utilises the best available data. Where concerns were raised about the accuracy of the modelling, Melbourne Water have conducted additional site inspections and detailed property surveys to ensure the data and modelling were accurate. Melbourne Water and Council officers have undertaken extensive consultation with land owners and occupiers beyond the statutory requirements. Council officers have assessed the merits of the amendment against State and local planning policy and statutory requirements and support the amendment as exhibited subject to one minor change to Map 10LSIO. Accordingly, it is recommended that Council requests that the Minister for Planning appoint an independent panel under Section 153 of the Planning and Environment Act 1987 to consider Amendment C143, which comprises the submissions relating to the revised LSIO and SBO. Council would subsequently have the opportunity to consider the Panel s report prior to making any final decision on Amendment C143. Recommendation 1. That Council notes officers actions taken to fulfil resolutions in response to the joint letter and petition made on 7 June 2011 and 16 August 2011 respectively. 2. That Council requests the Minister for Planning to appoint a Panel under Section 153 of the Planning and Environment Act 1987 to consider submissions to Amendment C143 to the Casey Planning Scheme. 3. That Council refers all submissions to Amendment C143 to the Panel, in accordance with Section 23(1) of the Planning and Environment Act 1987. 4. That Council makes a submission to the Panel in support of Amendment C143, generally in accordance with the exhibited version and updated and amended to reflect agreed submissions and planning changes as outlined in this report. 5. That all submitters to the amendment be advised of Council s decision. Council Meeting Page 11

ATTACHMENT 1 Local Provision This attachment is circulated separately. Council Meeting Page 12

Melbourne Water Response ATTACHMENT 2 Council Meeting Page 13

Council Meeting Page 14

Submissions ATTACHMENT 3 Council Meeting Page 15