Download the new TLPI 01/2014
On the 10th September 2014, Council resolved to lodge the proposed new Temporary Local Planning Instrument 01/2014 (TPLI 01/2014) Coastal Protection and Flood Hazard Regulation for the Bowen Planning Scheme 2006 with the Queensland Government.
The new TLPI is less onerous on applicants with the inclusion of self-assessable criteria.
Under the new TLPI, the self-assessable criteria means Council planning applications will not need to be lodged for:
- Minor building works
- Extensions up to 75m2 to existing building
- Other developments which can adequately demonstrate the appropriate level of flood immunity and have no flood impact on adjoining owners
Council has worked with the State Government and members of the Bowen community to improve the way the existing TLPI was constructed to make it easier for people to work through the approval process.
This work will continue over the coming months whilst the new TLPI and new planning scheme are being developed and reviewed.
The new TLPI also includes new regulatory maps and codes, separating coastal hazards and flood hazards, meaning applications triggered due to coastal hazards will not need to consider off-site flooding impacts.
The aim of the new TLPI is for greater clarity for landowners and the community in relation to the flooding and coastal hazard risk within Bowen.
The TLPI also establishes a clear statutory policy setting out the most up to date flood levels and assessment criteria when undertaking development and development assessment within Bowen.
It also ensures that people and property are not placed at significant risk from flood or coastal hazards in Bowen.
The CEO will now write to the Minister for State Development Infrastructure and Planning requesting the proposed new TLPI be considered to replace the existing TLPI 02/2013, which is due to lapse on the 18th December 2014.
As the new Whitsunday Regional Council Planning Scheme is not due to be adopted until 2016 a new TLPI is needed to manage the period between when the TLPI 02/2013 lapses and the new planning scheme comes into effect.
The current Bowen Planning Scheme 2006 does not incorporate a specific code to regulate the impact of flooding and storm tide on development, this code needs to be included to comply with State Government legislative and regulatory requirements.
Unlike the Whitsunday Planning Scheme 2009, which covers the southern part of the local government area, which incorporates a specific code to regulate the impact of flooding and storm tide on development, so does not require a TLPI.
In December 2013, Whitsunday Regional Council adopted the Temporary Local Planning Instrument 02/2013 Bowen Flooding and Storm Tide Regulation (TLPI 02/2013) designed to keep the Bowen community safe in a flood event, by keeping further development and people away from flood waters.
The temporary local planning instrument, in place for 12 months, places strict conditions on all types of development including houses, sheds, units and businesses within the mapped Natural Hazard Trigger Zone.
Council is committed to the safety of people and property, and ensuring their protection from unacceptable risks due to flooding and storm tide, the TLPI helps us achieve this goal.
We understand people in the Bowen area will have many questions in relation to this new regulation and as such we are doing everything to supply all the necessary information to answer these queries.
Below are the main points of the TLPI 02/2013:
• It applies to land within Bowen susceptible to flooding from the Don River and storm tide inundation along the coastline.
• It applies to all types of development, domestic and non-domestic within the mapped Natural Hazard Trigger Zone
• Where development activity is proposed within the Natural Hazard Trigger Zone it will be necessary for a development application to be lodged and demonstrate that is complies with the requirements of the relevant code contained within the TLPI
• In order to demonstrate compliance it may be necessary to provide one or all of the following with a Development Application:
- A plan demonstrating that development is situated above the relevant Defined Flood Level specified for the site (Note: Dwellings must be situated 300mm above DFL)
- An engineering report certifying that development will not result in any change to flood characteristics of the site and adjacent properties
In some instances it will be necessary to consider alternative development outcomes such as:
- Raised ‘Queenslander' style dwellings instead of slab on ground construction
- Carports and partially enclosed sheds or structures to allow for the free flow of water in a flood event
Council will undertake industry and community information sessions in relation to the TLPI in the new year.
Council is implementing these changes in accordance with the Queensland Government's reforms to its planning practices particularly in relation to planning for more resilient floodplains.
The Queensland Government released new information and guidelines relating to coastal hazard mapping taking into account the impacts of climate change and potential storm tide inundation.
Regulating development in accordance with TLPI 02/2013 will help minimise the potential adverse impacts caused by flooding and storm tide on new development, whilst also limiting the potential worsening of impacts on existing development.
The TLPI 02/2013 formally came into effect on the 13 December 2013.