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Bushfire

Bushfire Prone Land

Any development proposed on bushfire prone land is required to comply with the requirements of Planning for Bushfire Protection Guidelines. This includes both new subdivision, dwellings and extensions to dwellings.

Subdivisions and special protection developments require a "Bushfire Safety Authority" to be issued, and as such are integrated development for the purposes of the Environmental Planning and Assessment Act 1979.

This means that all these types of developments are to be referred to the New South Wales Rural Fire Service for their concurrence prior to the development consent being issued.

Dwellings and extensions to dwellings are required to comply with the Planning for Bushfire Protection Guidelines 2004. All development applications on bushfire prone land must be accompanied by a Bushfire Threat Assessment Report. If the proposal does not, the Council is required to consult with the Rural Fire Service prior to issuing the development consent.

Introduction

Council in collaboration with the NSW Rural Fire Service has finalised the preparation of the Bushfire Prone Land Map for the Greater Taree Local Government Area. This map has been prepared in accordance with the recently amended Environmental Planning & Assessment Act 1979 and the Rural Fires Act 1997 and will assist Council and the community to better plan for bushfire protection during the development process. This map will replace the interim bushfire hazard mapping previously used by Council.

If you are planning on developing or building on land identified as ‘bushfire prone’, please read the following ‘frequently asked questions’ to understand how the Bushfire Prone Land Map may affect you.

Frequently Asked Questions

What is ‘bushfire prone’ land?

Bushfire prone land is an area that can support a bushfire or is likely to be subject to bushfire attack. A number of factors are taken into account in determining whether land is bushfire prone, primarily vegetation type and the slope of the land. When these factors are present in proximity to development, they can pose a significant risk to life and property in the event of a bushfire.

Two categories of bushfire prone land have been identified on the map based on the level of bushfire risk, with each category incorporating a buffer zone that extends beyond areas that may be directly affected by a bushfire to account for factors such as ember attack and exposure to radiant heat. The medium to high hazard areas (Group 1 & 2 vegetation) have been buffered by 100 metres while the low hazard areas (Group 3 vegetation) have been buffered by 30-metres. Each parcel of land, whether wholly or partially affected by either the hazard or the buffered areas has been identified as ‘bushfire prone’.

Development in bushfire prone areas is subject to the guideline, Planning for Bushfire Protection (NSW Rural Fire Service & Department of Infrastructure Planning and Natural Resources 2006), which requires the incorporation of appropriate bushfire protection measures. (You can download a copy of the guidelines at the NSW Rural Fire Service) It should be noted that not all development proposed on ‘bushfire prone’ properties would be required to incorporate bushfire protection measures, e.g. where the development envelope is located outside of the mapped bushfire buffer zone.

How do I know whether or not my property is ‘bushfire prone’?

You can view the Bushfire Prone Property Map at Council’s Customer Service Centre. This map simply identifies all ‘bushfire prone’ properties that are either wholly or partially affected by a bushfire hazard or buffer zone (see Figure 1). A4 colour extracts of the Bushfire Prone Land Map are also available for a fee, which show the extent of land area affected by the hazard and associated buffer zone (see Figure 2). This map, endorsed by the Rural Fire Service, is available on display in Council’s foyer. Bushfire prone land is also identified on Section 149 Certificates (a certificate that identifies relevant town planning factors that apply to a parcel of land) issued by Council.

I want to build a house on land that has been identified as bushfire prone; will I be able to develop the land as I had proposed?

Development in bushfire prone areas is subject to Planning for Bushfire Protection 2006, which requires the incorporation of appropriate protective measures into a development to provide an acceptable level of protection from bushfires. If the siting and/or the construction type and standard of a building being proposed does not meet the minimum requirements as contained in the guidelines, Council is required to refer the application to the NSW Rural Fire Service for advice. In order to provide adequate protection from bushfires, it may be necessary to modify the style, construction material or siting of a building. These requirements also apply to extensions or renovations to existing dwellings.

I want to build on bushfire prone land that was subdivided prior to implementation of Planning for Bushfire Protection legislation, but can’t meet some of the requirements of the new legislation.

Council’s Infill Development in Bushfire Prone Areas Policy was prepared in recognition that some subdivisions or Parish portions approved for residential use prior to the introduction of the new legislation will not be able to comply with certain requirements of Planning for Bushfire Protection 2006, i.e. provision of Asset Protection Zones or access provisions. This Policy enables Council to include additional conditions that will increase the protection provided to the proposed development, particularly where Asset Protection Zone requirements outlined in Planning for Bushfire Protection 2006 cannot be attained.

I own a parcel of land that I want to subdivide. How does the new legislation affect me?

If the land is bushfire prone and is being subdivided to enable a dwelling to be erected on the new lots the development is classed as “integrated development” and must be referred to the NSW Rural Fire Service for assessment (Integrated referral fees apply). The NSW Rural Fire Service will assess the proposal against the performance criteria of Planning for Bushfire Protection 2006 and will issue a Bushfire Safety Authority (BSA). If a BSA is not issued, Council must refuse to grant consent.

I want to build a tourist facility on land in a bushfire prone area. How will these changes affect me?

There are a number of types of development that are considered high risk, being more difficult to evacuate or potentially more susceptible in a bushfire emergency. Developments such as tourist facilities, motels, schools, childcare centres and retirement villages are some of those developments that are classed as “Special Fire Protection Purpose” under the provisions of the legislation. In these cases the application must be referred to the NSW Rural Fire Service as an “integrated development”. Your application should comply with the provisions of Planning for Bushfire Protection 2006, particularly with regard to setback requirements for Special Fire Protection Purpose developments. The major focus for these types of development will be on compliance with Asset Protection Zone requirements, and on development designs that include provisions for evacuation and ensuring the safety of occupants.

What are the bushfire protection requirements that need to be addressed in a development?

Factors that will be considered by the NSW Rural Fire Service when providing advice to Council on developments in bushfire prone areas will include:

  • Building setbacks, including the provision of “Asset Protection Zones”;
  • Construction standards consistent with the requirements in the Australian Standard for Construction of Buildings in Bushfire Prone Areas AS-3959;
  • Access to and from the property for fire fighters and residents, and for potential evacuation; and
  • The provision of an adequate water supply for fire fighting.

These requirements are set out in full within the Planning for Bushfire Protection 2006.

Do I have to include an assessment of the bushfire risk in my development application?

Yes. Development applications submitted over bushfire prone land must be accompanied by sufficient information to enable a thorough bushfire risk assessment to be undertaken. For complex development proposals, or where a proposal does not comply with the minimum requirements specified in Planning for Bushfire Protection 2006, a qualified consultant may need to be engaged to prepare a detailed bushfire risk assessment of the proposal. A list of consultants who can be engaged to prepare bushfire assessment reports can be found at NSW Rural Fire Service.

The Bushfire Prone Property Map has identified my property as ‘bushfire prone’ but is not within 100 metres of any vegetation. How can the map be updated to reflect this information?

The Bushfire Prone Land Map was produced using Council’s vegetation mapping and aerial photography as well as various digital datasets held by Council. Changes to the distribution of vegetation cover may have occurred since initial compilation of the mapping as a result. The Bushfire Prone Land Map and associated Property Map will be updated periodically to reflect new information and enhance the accuracy of the maps.

Any request to amend the Bushfire Prone Land Map will need to be supported by an assessment from a qualified professional; or alternatively by Council during the assessment of a development or building application. Any amendments to the map will also need to be endorsed by the NSW Rural Fire Service.

Where can I get the Planning for Bushfire Guidelines?

Information on Planning for Bushfire protection can be obtained from the Department of Planning or copies of the Planning for Bushfire Protection 2006 Guidelines can be downloaded from NSW Rural Fire Service.

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