Mackay Regional Council | © 2017

This user guide provides information on what requirements the Mackay Region Planning Scheme 2017 has for development in flood and coastal hazard areas. Flood hazard areas and coastal hazard areas are identified in the Flood and coastal hazard overlay.

Mackay region planning scheme 2017The planning scheme is the primary instrument for managing development in our local government area. The planning scheme:

• outlines a 20 year vision for the region • identifies zones and overlays over land • defines various forms of development • determines the level of assessment for each type of

development • sets codes for the assessment of development

Upon coming into effect on 24 July 2017, the planning scheme replaced three previous planning schemes based on the former Mackay City, Sarina Shire and Mirani Shire local government areas.

The purpose of the Flood and coastal hazards overlay code is to ensure that development in areas subject to flood events or coastal hazards is planned, designed and constructed to minimise risk of hazards to people and property.

what are flood hazard areas?Flood hazard areas are identified on the Flood hazard overlay map as areas affected by either a 1% or a 0.2% Annual Exceedance Probability (AEP) flood event. AEP is the chance of a particular flood event occurring in any given year.

The flood hazard areas have been derived from detailed flood modelling which considers riverine and local flood events. A defined flood event (DFE) is the 1% AEP flood event plus a climate change factor.

what are Coastal hazard areas?Coastal hazard areas comprise of Storm tide inundation areas and erosion prone areas. The State Government has provided state-wide mapping for coastal hazards and this has been adopted for the Mackay Region Planning Scheme.

Storm tides are a combination of the effects of a storm surge with the normally occurring astronomical tide. A defined storm tide event (DSTE) is a 1% AEP storm-tide plus climate change factor.

Erosion prone areas are areas at risk of being eroded over time by wind, tides, waves or drainage.

User Guide #21 - Flood and coastal hazard area requirements

User Guide #21 - flood and coastal hazard area requirements

Mackay Regional Council | © 2017

application and assessment processEssentially, the Flood and coastal hazards overlay relates to development in three different ways:

• overlay code does not apply to development and no application is triggered

• overlay code applies to development but application is only triggered if relevant benchmarks are not met

• overlay code applies to development that is already assessable

► Overlay does not apply, no application triggered

The Flood and coastal hazards overlay code does not apply to, nor does the overlay trigger a development application for, the following:

• development not within areas mapped by the overlay;

• development within areas mapped by the overlay but including:

- material change of use: animal husbandry, cropping, cemetery (if not in an erosion prone area), dwelling house (if in the erosion prone area only), environment facility, home-based business, market, park, permanent plantation, roadside stall, utility installation and non-residential uses within an existing building

- operational works: filling within a building envelope, filling where the net fill is 50m³ or less and operational works otherwise defined (by part 5.8) as accepted development or accepted development subject to requirements

- operational works for agriculture (refer to Schedule 6, Part 3, Item 16(a) of the Planning Regulation 2017)

- building works

► Overlay applies, application triggered for non- compliance

Dwelling house, dual occupancy and dwelling unit located on land identified by the overlay maps as affected by 1% or 0.2% AEP flood events are:

• “accepted development subject to requirements” if meeting AO1.1, AO1.2, AO2.1 and AO2.2 of the Flood and coastal hazards overlay code

• code assessment if not meeting one or more of the the above mentioned acceptable outcomes - assessed against only those matters of non-compliance in this instance

"Accepted development subject to requirements” means no development application is required to Council, although a building works application will likely be required (contact a qualified private professional for more information). Code assessment involves assessment against the Flood and coastal hazards overlay code and no public notification.

► Overlay applies to already assessable development

There are many instances where proposed development is within areas affected by the overlay and is already assessable under a zone, local plan and other overlay. In these cases, the Flood and coastal hazards overlay code is added to the suite of assessment benchmarks relevant to the assessment of the application (identified in Part 5). For more information, refer to User guide #3 – Do I need to lodge a development application?

What are the key requirements?If identified as accepted subject to requirements or code assessable under the planning scheme, the following key requirements (referred to as benchmarks in the scheme) from the Flood and coastal hazards overlay code apply:

User Guide #21 - Flood and coastal hazard area requirements

Mackay Regional Council | © 2017 User Guide #21 - Flood and coastal hazard area requirements

► DFETo determine the height of the DFE on your property, submit an enquiry/request for Q100 AIR flood levels at Council's website www.mackay.qld.gov.au.

► Material Change of Userequirements for accepted development subject to requirements and assessable development

• (AO1.1 and AO1.3) the minimum floor level for habitable rooms in dual occupancies, dwelling houses and dwelling units is the highest of the following:

a. 300mm above the DFE; or

b. 300mm above the DSTE relevant to the subject site; or

c. the minimum floor level:

~ Mackay urban area RL 5.4m AHD; or

~ Midge Point - RL 5.0m AHD; or

~ Seaforth, Haliday Bay, Ball Bay, Louisa Creek, Half Tide Beach, Salonika Beach, Grasstree Beach, Sarina Beach, Freshwater Point and Armstrong Beach - RL 5.3m AHD

d. In addition to (c) above, an additional 600mm is provided for higher wave effects and run up in the foreshore area (100 metres from the higher of the toe of the frontal dune or Highest astronomical tide); or

e. 225mm above natural ground level; and

f. 300mm above the greater of top of the kerb level or the crown of the adjacent bitumen road

• (AO1.2) electrical switch gear and motors, telecommunication connections and water supply pipeline air valves must be located above the DFE and DSTE

• (AO2.1) where the above height required is more than 1 metre above ground level, structures should be free standing on poles, rather than slab or filling

• (AO2.2) development does not physically alter a watercourse or involve net filling exceeding 50m³

requirements for assessable development

• certain sensitive community uses such as emergency services, hospitals and substations are not located within flood hazard areas and have direct access to

low-risk evacuation routes

• development avoids areas in the Gooseponds and Bakers Creek catchment where flood depth and velocity is high

• building heights do not exceed the maximum building height set by the zone code plus the highest of the following:

• DFE, DSTE or ~ Mackay urban area RL 5.4m AHD; or ~ Midge Point - RL 5.0m AHD; or ~ Seaforth, Haliday Bay, Ball Bay, Louisa

Creek, Half Tide Beach, Salonika Beach, Grasstree Beach, Sarina Beach, Freshwater Point and Armstrong Beach - RL 5.3m AHD

► Reconfiguring a Lot

• the minimum finished ground level for new residential lots in the Emerging communities zone or on land outside the urban footprint is the higher of:

- or above the DSTE; or

- the minimum ground level, as follows:

~ Mackay urban area RL 5.0m AHD; or

~ Midge Point - RL 4.6m AHD; or

~ Seaforth, Haliday Bay, Ball Bay, Louisa Creek, Half Tide Beach, Salonika Beach, Grasstree Beach, Sarina Beach, Freshwater Point and Armstrong Beach - RL 4.9m AHD

- new lots in the Rural zone and Rural residential zone include a building envelope at or above the DFE, with a minimum area of 1,000m²

• evacuation routes enable residents of emerging

Mackay Regional Council | © 2017

residential neighbourhoods and residential development outside the urban footprint to evacuate flood hazard and storm tide inundation areas during flood events

► Operational work

• earthworks must not result in increased adverse flood impacts on sites upstream, downstream or in general vicinity of the subject site

• development must not provide obstructions to the free passage of water through a property

• development does not involve alteration of a watercourse or net filling exceeding 50m³

► Assessable development in erosion prone areas

• development avoids erosion prone areas unless it:

- is essential community infrastructure; or

- cannot be reasonably located elsewhere; or

- is entirely reliant on being located within the erosion prone area; or

- is temporary, readily relocatable or able to be abandoned

• development that is located within an erosion prone area must:

- locate built structures as far landward as practical; and

- provide a report by a RPEQ that demonstrates that the development is not at risk from coastal erosion and does not increase the risk on nearby sites; and

- mitigate impacts on people and property from coastal erosion through appropriate location, design, construction and operating standards; and

- not result in detrimental environmental impacts on the site or nearby sites

The above are key requirements only and the planning scheme should be used to determine actual requirements.

Note that if a development is accepted development, planning scheme requirements may still apply through the building work process.

For more information This user guide provides an overview of planning scheme requirements for development in Flood and coastal hazard areas only. To view the planning scheme in full please visit Council’s website - www.mackay.qld.gov.au/planningscheme

The Planning Act 2016, Planning Regulation 2017 and the Development Assessment Rules set out the requirements for the development assessment process.

Council provides general development advice:

• Online enquiries can be lodged via the Planning advice online enquiries form

• Phone enquiries and appointments can be lodged by phoning 1300 MACKAY (1300 622 529)

You can also contact a building certifier, consultant town planner, building designer or other qualified professional who can provide assistance and, if necessary, prepare and lodge a development application on your behalf.

Other relevant user guides:General #1 Using the planning scheme#2 What is my zone and other planning scheme designations?#3 Do I need to lodge a development application? #6 The development assessment process #8 After a development approval is issued

Specific#9 Houses#5 Making a development application

For more information phone council on 1300 MACKAY (1300 622 529)or visit the website mackay.qld.gov.au

User Guide #21 - Flood and coastal hazard area requirements