This document summarizes issues raised by a surveyor regarding bushfire safety assessments and complying development applications. Specific issues discussed include inconsistencies between 79BA and 100B assessments, ensuring appropriate bushfire safety conditions are applied, and requiring asset protection zones on newly created lots outside bushfire prone land. Road access standards and turning requirements are also raised. The purpose of the meeting was to discuss how the Rural Fire Service can assist local government with bushfire planning and development assessments, including providing mentoring and site assessments.
GREATER CLEVELAND AREA - NORTHEAST OHIO REGIONAL SEWER DISTRICTU.S. Water Alliance
NEORSD is guiding Cleveland and 61 surrounding communities through two significant wet weather issues – CSOs and stormwater – at a time when Northeast Ohio is losing population and gaining vacancy. NEORSD is approaching these issues with multi-benefit, multi-partner programs that provide maximum value for regional investment. This presentation focuses on Project Clean Lake – NEORSD’s 25-year, $3 billion program to address CSOs with an emphasis on optimizing the mix of cost-effective gray and green infrastructure to achieve a 98% level of CSO capture. Partners will discuss early action green infrastructure projects and NEORSD’s regional approach to stormwater management and CSO control.
This document discusses issues related to community resilience in the face of increasing climate change risks and more frequent extreme weather events. It notes that temperatures over the next 100 years are projected to rise more than any time in the past 1000 years, bringing less water and higher temperatures. Recent NSW fire seasons have seen a dramatic increase in the number of fires and their duration. Lessons from Victoria emphasize using plain language, managing expectations of rapid information changes, and ensuring communities have concrete emergency plans, not just discussions. Moving forward, emergency responses need to leverage social media to engage communities and disseminate safety messages during crises.
The document summarizes key recommendations from inquiries and reports regarding planning and building in bushfire prone areas. It outlines recommendations to substantially restrict development in high risk areas, incorporate bushfire risk management into planning policies, amend building standards to better protect from ember attack, and ensure compliance with bushfire protection measures through planning permits and title deeds.
The document discusses several challenges related to bushfire management including catastrophic fires, keeping up with royal commission findings, situational awareness, fire modeling, communications, climate change, and wicked problems. It notes that climate change is projected to increase fire intensity and frequency, reducing the window for controlled burns. Future fire leaders will need to adapt practices to contend with changes in demographics, resources, and enhanced natural phenomena from climate change. Models and new technologies like Phoenix fire modeling and the Amatoya suppression vehicle concept could help address some challenges but operational management will require innovation.
The document summarizes NSW's approach to planning and building in bush fire prone areas. It notes the challenges of increasing urban development meeting rural land, the need to protect life and property from bushfires, and reliance on volunteers for firefighting. NSW introduced legislative changes in 2002 to better integrate bushfire protection into planning. This includes requiring development on bush fire prone land to comply with Planning for Bush Fire Protection guidelines. The RFS assesses development applications to ensure bushfire risk is properly considered and defendable space, access, water, and building design support firefighter safety and home survival.
Focus on the need to share responsibility, provide greater individual and community empowerment and develop sustained behavioural change towards community resilience to natural disasters.
Emergency Service Organisations cannot create community resilience, instead they can support and enhance existing community capacity to deal with uncertainty and adapt to change in the future.
The RFS is taking active steps to improve our understanding of the risks of natural disasters, implementing innovative approaches to educating people of these risks and improving the methods of communicating urgent messages to communities so they can make informed decisions about their options when faced with natural disasters.
This document discusses the changing demands and expectations for volunteer leaders in emergency management over the next 5-10 years. It notes that stakeholders expect greater transparency, trust, and timely communication. New generations expect information to be shared more quickly via social media. Government agencies now recognize they can no longer work at the "speed of government" and must share information with the public as events unfold. The challenges of engaging communities during crises and recruiting/retaining younger volunteers are also addressed.
GREATER CLEVELAND AREA - NORTHEAST OHIO REGIONAL SEWER DISTRICTU.S. Water Alliance
NEORSD is guiding Cleveland and 61 surrounding communities through two significant wet weather issues – CSOs and stormwater – at a time when Northeast Ohio is losing population and gaining vacancy. NEORSD is approaching these issues with multi-benefit, multi-partner programs that provide maximum value for regional investment. This presentation focuses on Project Clean Lake – NEORSD’s 25-year, $3 billion program to address CSOs with an emphasis on optimizing the mix of cost-effective gray and green infrastructure to achieve a 98% level of CSO capture. Partners will discuss early action green infrastructure projects and NEORSD’s regional approach to stormwater management and CSO control.
This document discusses issues related to community resilience in the face of increasing climate change risks and more frequent extreme weather events. It notes that temperatures over the next 100 years are projected to rise more than any time in the past 1000 years, bringing less water and higher temperatures. Recent NSW fire seasons have seen a dramatic increase in the number of fires and their duration. Lessons from Victoria emphasize using plain language, managing expectations of rapid information changes, and ensuring communities have concrete emergency plans, not just discussions. Moving forward, emergency responses need to leverage social media to engage communities and disseminate safety messages during crises.
The document summarizes key recommendations from inquiries and reports regarding planning and building in bushfire prone areas. It outlines recommendations to substantially restrict development in high risk areas, incorporate bushfire risk management into planning policies, amend building standards to better protect from ember attack, and ensure compliance with bushfire protection measures through planning permits and title deeds.
The document discusses several challenges related to bushfire management including catastrophic fires, keeping up with royal commission findings, situational awareness, fire modeling, communications, climate change, and wicked problems. It notes that climate change is projected to increase fire intensity and frequency, reducing the window for controlled burns. Future fire leaders will need to adapt practices to contend with changes in demographics, resources, and enhanced natural phenomena from climate change. Models and new technologies like Phoenix fire modeling and the Amatoya suppression vehicle concept could help address some challenges but operational management will require innovation.
The document summarizes NSW's approach to planning and building in bush fire prone areas. It notes the challenges of increasing urban development meeting rural land, the need to protect life and property from bushfires, and reliance on volunteers for firefighting. NSW introduced legislative changes in 2002 to better integrate bushfire protection into planning. This includes requiring development on bush fire prone land to comply with Planning for Bush Fire Protection guidelines. The RFS assesses development applications to ensure bushfire risk is properly considered and defendable space, access, water, and building design support firefighter safety and home survival.
Focus on the need to share responsibility, provide greater individual and community empowerment and develop sustained behavioural change towards community resilience to natural disasters.
Emergency Service Organisations cannot create community resilience, instead they can support and enhance existing community capacity to deal with uncertainty and adapt to change in the future.
The RFS is taking active steps to improve our understanding of the risks of natural disasters, implementing innovative approaches to educating people of these risks and improving the methods of communicating urgent messages to communities so they can make informed decisions about their options when faced with natural disasters.
This document discusses the changing demands and expectations for volunteer leaders in emergency management over the next 5-10 years. It notes that stakeholders expect greater transparency, trust, and timely communication. New generations expect information to be shared more quickly via social media. Government agencies now recognize they can no longer work at the "speed of government" and must share information with the public as events unfold. The challenges of engaging communities during crises and recruiting/retaining younger volunteers are also addressed.
The document discusses the importance of values and leadership. It provides quotes defining values as deeply held beliefs that guide actions and judgment. Values give strength and power to take action. The document also notes that credible leaders must have a clear understanding of their own values and communicate these values to followers. A leader who does not have well-defined values may change positions frequently depending on opinions. Overall, the document emphasizes that clear personal values are important for effective leadership and building committed organizations.
This document discusses using information sharing and social media to build community resilience during emergencies. It notes that communities now expect immediate information and previous responses have created expectations of immediacy. Building resilience involves engaging communities through stakeholder participation, new ideas, informed decisions, empowerment, connectedness and showing how contributions make a difference. Data from surveys on bushfire responses show people rely on information from authorities to decide whether to stay or leave. The document discusses using tools like social media, mobile apps, maps and weather data to improve situational awareness and interoperability between emergency response agencies. It argues for providing information through open standards and being part of online conversations to share safety messages where communities access information.
This document discusses enhancing community resilience to bushfires through appropriate planning and building regulations. It notes that without regulation, property owners will not voluntarily include adequate bushfire protection in new buildings due to market failures like imperfect risk assessment. Government intervention is justified to deliver better outcomes. The speaker advocates for regulations at the planning and building stages to improve bushfire safety, such as adequate setbacks, access, and building materials. The goal is to shift from reactive firefighting to proactive community safety approaches and increase self-reliance during bushfires.
My presentation at AFAC 2011 Conference in Sydney Monday 29 August on “Enhancing Community Resilience through Appropriate Planning and Building Mechanisms”
Looking at a range of issues associated with implementing planning and building regulations and requirements for new developments in Bush Fire Prone Areas.
This document discusses the challenges posed by climate change in increasing extreme fire danger in New South Wales, Australia. It notes that temperature rise is accelerating wildfire activity, with record-breaking heat waves and more days of catastrophic fire danger. Shorter winter seasons also reduce the window for controlled burns. To prepare, communities must update bushfire risk plans, strengthen local emergency committees, and pursue policies that improve resilience through public education and development compliance.
Stuck at a same place for a long time? Then this is the PPT for you. Who says planning is boring? Just innovate your planning process, make your goals interesting and you will breakthrough!
As a nation who celebrates “droughts and flooding rains” it is odd that we are so resistant to accepting the persistence of bushfires at the urban interface. Bushfires are a part of Australian environment. However, their inevitability does not equate with admitting defeat in the face of overwhelming odds. It does require sound risk management and integration of a range of measures to reduce their impact and to build resilience from their impact.
This document summarizes work done to develop a community resilience framework for the emergency management (EM) sector in Victoria. It outlines the project objectives, which include improving community understanding of risks and collaboration. The document then discusses challenges to resilience like climate change and an aging population. It also presents potential community resilience outcomes like communities understanding stresses and taking pre-emptive action. Finally, it describes a group exercise where participants discussed the EM sector's role in achieving these outcomes.
El documento describe el metabolismo del ácido fólico y la vitamina B12. El ácido fólico se obtiene principalmente de vegetales y es necesario para la síntesis de ADN y eritropoyesis, mientras que la vitamina B12 solo se encuentra en alimentos de origen animal y es necesaria como coenzima en reacciones que incluyen la síntesis de metionina y la conversión de homocisteína. Ambas vitaminas son esenciales para prevenir anemias megaloblásticas.
The document summarizes the redevelopment of a former textile mill site in Grafton, Massachusetts into a golf club and driving range. The project will include a two-tier driving range with 26 stalls extending 300 yards, as well as a restaurant, bar, pro shop, and locker rooms. Due to the site's history of contamination from chemicals and fire, remediation plans include capping and lining areas to prevent further pollution of the soil and Fisherville Pond. Permits will be required due to alterations to wetlands and increases in impervious surfaces and stormwater runoff.
The proposed amendments would update regulations for multi-family residential developments concerning uses, densities, heights, setbacks, parking, and landscaping to align with the city's comprehensive plan. Feedback was gathered from committees and architects testing the amendments on sample sites. No public comments were received in response to notifications of the proposed changes.
This document outlines rules and regulations for economic and socialized housing projects in the Philippines. It discusses key definitions and policies around affordable housing. The rules cover minimum design standards for housing developments, including requirements for basic infrastructure, land use conformity, site suitability, accessibility, and land allocation. Circulation networks and non-saleable areas like parks and playgrounds must also conform to the design parameters specified.
This ordinance amends the zoning ordinance of Georgetown, Kentucky to establish compatibility standards for qualified manufactured housing. It defines terms like "qualified manufactured home" and outlines development standards for different types of manufactured housing developments, including mobile home parks and single homes on foundations. The amendments were recommended by the planning commission to comply with recent state legislation regarding manufactured housing regulations.
Understanding the Impact of Growth Plan ReformsAnne Kaufmann
The document summarizes proposed changes to Ontario's Growth Plan and timeline. Major proposed changes include streamlining employment lands policies; updating intensification and density targets for municipalities; adjusting rules around settlement area boundary expansions; clarifying policies for major transit station areas; and defining rural settlements. The public comment period on the proposed amendment ends February 28, 2019. The presentation provides details on key policy changes and maps of proposed provincially significant employment zones.
In our first planning club of 2017 we covered:
• formation and use of Section 106 obligations and conditions
• a look at recent changes to permitted development rights
• challenges to planning decisions, including judicial review and appeals.
The document summarizes a request for a zone change from Light Manufacturing (ML) and Heavy Manufacturing (MH) to allow for activities in the MH zone on three properties totaling 20.059 acres located east of Gateway Drive and FM 380 in San Angelo. One notification was received in opposition. The staff recommends approving the zone change and the Planning Commission voted 4-1 to approve. The options for City Council are to approve, remand back to Planning Commission, or deny the proposed zone change.
The document summarizes the Housing Standards Review which aimed to streamline and simplify housing standards in the UK. Key changes include making access standards, water efficiency standards, and space standards optional for local authorities through building regulations or planning policies. A new mandatory security standard was also added to building regulations. The Code for Sustainable Homes was ended and energy efficiency should now be addressed through building regulations. Transition periods and implementation guidance are provided for local authorities and building control bodies.
The document provides an update on recent developments in planning and environmental law from cases heard in UK courts. Key topics covered include:
- Interpretation of policies around development in the Green Belt and assessing housing needs.
- Requirements for local authorities to demonstrate they have objectively assessed housing needs and are cooperating with neighboring authorities to address needs.
- Challenges to neighborhood plan examinations and screening of strategic environmental assessments.
- Enforcement cases regarding inspectors' powers to permit alternative development schemes.
The document discusses the importance of values and leadership. It provides quotes defining values as deeply held beliefs that guide actions and judgment. Values give strength and power to take action. The document also notes that credible leaders must have a clear understanding of their own values and communicate these values to followers. A leader who does not have well-defined values may change positions frequently depending on opinions. Overall, the document emphasizes that clear personal values are important for effective leadership and building committed organizations.
This document discusses using information sharing and social media to build community resilience during emergencies. It notes that communities now expect immediate information and previous responses have created expectations of immediacy. Building resilience involves engaging communities through stakeholder participation, new ideas, informed decisions, empowerment, connectedness and showing how contributions make a difference. Data from surveys on bushfire responses show people rely on information from authorities to decide whether to stay or leave. The document discusses using tools like social media, mobile apps, maps and weather data to improve situational awareness and interoperability between emergency response agencies. It argues for providing information through open standards and being part of online conversations to share safety messages where communities access information.
This document discusses enhancing community resilience to bushfires through appropriate planning and building regulations. It notes that without regulation, property owners will not voluntarily include adequate bushfire protection in new buildings due to market failures like imperfect risk assessment. Government intervention is justified to deliver better outcomes. The speaker advocates for regulations at the planning and building stages to improve bushfire safety, such as adequate setbacks, access, and building materials. The goal is to shift from reactive firefighting to proactive community safety approaches and increase self-reliance during bushfires.
My presentation at AFAC 2011 Conference in Sydney Monday 29 August on “Enhancing Community Resilience through Appropriate Planning and Building Mechanisms”
Looking at a range of issues associated with implementing planning and building regulations and requirements for new developments in Bush Fire Prone Areas.
This document discusses the challenges posed by climate change in increasing extreme fire danger in New South Wales, Australia. It notes that temperature rise is accelerating wildfire activity, with record-breaking heat waves and more days of catastrophic fire danger. Shorter winter seasons also reduce the window for controlled burns. To prepare, communities must update bushfire risk plans, strengthen local emergency committees, and pursue policies that improve resilience through public education and development compliance.
Stuck at a same place for a long time? Then this is the PPT for you. Who says planning is boring? Just innovate your planning process, make your goals interesting and you will breakthrough!
As a nation who celebrates “droughts and flooding rains” it is odd that we are so resistant to accepting the persistence of bushfires at the urban interface. Bushfires are a part of Australian environment. However, their inevitability does not equate with admitting defeat in the face of overwhelming odds. It does require sound risk management and integration of a range of measures to reduce their impact and to build resilience from their impact.
This document summarizes work done to develop a community resilience framework for the emergency management (EM) sector in Victoria. It outlines the project objectives, which include improving community understanding of risks and collaboration. The document then discusses challenges to resilience like climate change and an aging population. It also presents potential community resilience outcomes like communities understanding stresses and taking pre-emptive action. Finally, it describes a group exercise where participants discussed the EM sector's role in achieving these outcomes.
El documento describe el metabolismo del ácido fólico y la vitamina B12. El ácido fólico se obtiene principalmente de vegetales y es necesario para la síntesis de ADN y eritropoyesis, mientras que la vitamina B12 solo se encuentra en alimentos de origen animal y es necesaria como coenzima en reacciones que incluyen la síntesis de metionina y la conversión de homocisteína. Ambas vitaminas son esenciales para prevenir anemias megaloblásticas.
The document summarizes the redevelopment of a former textile mill site in Grafton, Massachusetts into a golf club and driving range. The project will include a two-tier driving range with 26 stalls extending 300 yards, as well as a restaurant, bar, pro shop, and locker rooms. Due to the site's history of contamination from chemicals and fire, remediation plans include capping and lining areas to prevent further pollution of the soil and Fisherville Pond. Permits will be required due to alterations to wetlands and increases in impervious surfaces and stormwater runoff.
The proposed amendments would update regulations for multi-family residential developments concerning uses, densities, heights, setbacks, parking, and landscaping to align with the city's comprehensive plan. Feedback was gathered from committees and architects testing the amendments on sample sites. No public comments were received in response to notifications of the proposed changes.
This document outlines rules and regulations for economic and socialized housing projects in the Philippines. It discusses key definitions and policies around affordable housing. The rules cover minimum design standards for housing developments, including requirements for basic infrastructure, land use conformity, site suitability, accessibility, and land allocation. Circulation networks and non-saleable areas like parks and playgrounds must also conform to the design parameters specified.
This ordinance amends the zoning ordinance of Georgetown, Kentucky to establish compatibility standards for qualified manufactured housing. It defines terms like "qualified manufactured home" and outlines development standards for different types of manufactured housing developments, including mobile home parks and single homes on foundations. The amendments were recommended by the planning commission to comply with recent state legislation regarding manufactured housing regulations.
Understanding the Impact of Growth Plan ReformsAnne Kaufmann
The document summarizes proposed changes to Ontario's Growth Plan and timeline. Major proposed changes include streamlining employment lands policies; updating intensification and density targets for municipalities; adjusting rules around settlement area boundary expansions; clarifying policies for major transit station areas; and defining rural settlements. The public comment period on the proposed amendment ends February 28, 2019. The presentation provides details on key policy changes and maps of proposed provincially significant employment zones.
In our first planning club of 2017 we covered:
• formation and use of Section 106 obligations and conditions
• a look at recent changes to permitted development rights
• challenges to planning decisions, including judicial review and appeals.
The document summarizes a request for a zone change from Light Manufacturing (ML) and Heavy Manufacturing (MH) to allow for activities in the MH zone on three properties totaling 20.059 acres located east of Gateway Drive and FM 380 in San Angelo. One notification was received in opposition. The staff recommends approving the zone change and the Planning Commission voted 4-1 to approve. The options for City Council are to approve, remand back to Planning Commission, or deny the proposed zone change.
The document summarizes the Housing Standards Review which aimed to streamline and simplify housing standards in the UK. Key changes include making access standards, water efficiency standards, and space standards optional for local authorities through building regulations or planning policies. A new mandatory security standard was also added to building regulations. The Code for Sustainable Homes was ended and energy efficiency should now be addressed through building regulations. Transition periods and implementation guidance are provided for local authorities and building control bodies.
The document provides an update on recent developments in planning and environmental law from cases heard in UK courts. Key topics covered include:
- Interpretation of policies around development in the Green Belt and assessing housing needs.
- Requirements for local authorities to demonstrate they have objectively assessed housing needs and are cooperating with neighboring authorities to address needs.
- Challenges to neighborhood plan examinations and screening of strategic environmental assessments.
- Enforcement cases regarding inspectors' powers to permit alternative development schemes.
Conflicts and sufficient grounds presentationMartine Cousins
The document discusses conflicts and sufficient grounds under the Sustainable Planning Act 2009. It begins with an overview of what will be covered, including definitions of conflict and sufficient grounds. It then discusses when conflict and sufficient grounds become relevant according to the Act. The document provides examples of cases where developments were found to conflict with planning schemes and zones. It analyzes the conflicts between the proposed developments and the intent, desired outcomes and acceptable solutions outlined in the relevant planning instruments. The document aims to explain how to determine if a conflict exists and what can constitute sufficient grounds to justify approving a development despite a conflict.
Our autumn planning club of 2016 covered the following topics:
- starter homes and devolution
- environmental impact assessments
- and sustainable urban drainage systems.
https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
This document provides an overview and summary of recent developments in planning and environmental law. It discusses recent cases related to enforcement, changes of use, green belt policy, development plans and decision making, environmental impact assessment, strategic environmental assessment, nuisance and waste. Key topics covered include the application of green belt policy based on recent case law, challenges to development plans, neighbourhood plans, and decision making processes. Recent cases related to enforcement, changes of use, and environmental assessments are also summarized.
The document is a planning permission notice granting approval to construct a wind turbine and associated infrastructure at West End Farm in Ackton Pontefract. It provides details of the application, decision, and 8 conditions that must be met, including installing only the approved turbine model, burying electrical cabling, submitting traffic management plans, and removing the turbine if not operational for 12 months. An informative note also warns of potential coal mining hazards on the site.
The amendments to Ontario Regulation 153/04 enhance the integrity of the Record of Site Condition process. They establish a more transparent and timely procedure for submitting RSCs with clearer environmental site assessment requirements. The amendments also implement updated soil quality standards and provisions to address conflicts of interest among Qualified Persons reviewing RSCs. This provides greater reliability of RSCs and protects public health and the environment.
Helping practitioners understand changes to Exempt and Complying DevelopmentPlanning & Infrastructure
This presentation supports a series of information sessions the department has organised to help industry and council planning practitioners understand the recent changes to the Exempt and Complying Development Policy and the EP&A Regulation 2000.
2017Method statements and demolition techniques..pdfssuserce0bdc
This document discusses considerations for demolishing a structure, including demolition methods, health and safety regulations, legal requirements, and environmental consents. It emphasizes the importance of carefully planning the demolition process based on an analysis of the building's construction and considering factors like safety, recycling materials, and reducing impacts. A well-developed method statement is key to outlining the sequence of demolition activities and managing risks.
A presentation and discussion at the Australian Disaster Resilience Institute Infrastructure Resilience on the Risks and Benefits of Optimising Critical Infrastructure.
https://www.aidr.org.au/events/aidr-events/infrastructure-resilience-forum/
Presentation given to the Monash University Disaster Resilience Forum on "As risks unfold in cascading events." The presentation focused on resilience and looking at emergencies through a consequence lens.
Part of a panel discussion on "Challenges to Melbourne’s Resilience"
This first talk deals with fundamental information about resilience and sets the current context & trajectory of change in Melbourne to establish challenges, gaps and opportunities relating to resilience.
Building resilience requires communities, government, agencies and business to work in partnership and share responsibility. It requires an integrated community approach that puts people at the centre of decision making and supports the emergency management sector to better connect with communities to understand their values, priorities and strengths.
The future of emergency management in Victoria is going to be shaped by the global challenges that confront us and the long-term impacts they have on our communities.
As a nation who celebrates “droughts and flooding rains” it is odd that we are so resistant to accepting the persistence of bushfires at the urban interface. Bushfires are a part of Australian environment. However, their inevitability does not equate with admitting defeat in the face of overwhelming odds. It does require sound risk management and integration of a range of measures to reduce their impact and to build resilience from their impact. Lew Short has recently left the NSW RFS and will outline some of the challenges that bushfires present to practitioners
Presentation given to Sydney Metropolitan Area Integrated Regional Vulnerability Assessment hosted by Office of Environment & Heritage.
Looking at climate change and some of the challenges facing the emergency management sector around adaptation and resilience
Emergency Management Workshop
4th December 2013
Creativity is defined as using imagination or original ideas to produce something new. It involves using the imagination or coming up with original ideas and then applying those ideas to produce or create something that did not previously exist. Creativity can be used to come up with novel solutions, artistic works, new inventions or ways of perceiving the world.
This document discusses emergency management and resilience. It notes that 2011 saw $5 billion in losses from natural hazards. Resilience refers to a community's ability to withstand and recover from disasters. The document outlines an all hazards approach and a national approach involving mitigation, education, preparedness, response, and recovery. It seeks to develop the emergency management and resilience function and work with bushfire teams on mitigation activities to facilitate community preparedness for natural disasters.
This document discusses strategies and issues for community resilience in the face of increasing natural disasters. It notes that disasters are becoming more catastrophic and exceed response plans and systems. Community resilience requires informing the public in real-time while managing expectations of immediacy. Climate change will bring rising temperatures, less water, and more extreme fire seasons in Australia. Lessons from Victoria include using plain language, addressing rapid change, and ensuring communities can make decisions and follow plans even during stress. Social media now dominates information sharing but can't be controlled, only influenced, so emergency services must engage communities through it during crises. The focus should be on life safety over suppression in high-risk situations.
This document discusses community engagement strategies to address bushfire arson. It defines community engagement as a two-way process of listening to community needs and forming partnerships. Effective engagement involves bringing relevant stakeholders together to share information, gather input, and make informed decisions that empower community members and create enduring solutions. The document provides NSW examples of interagency arson prevention strategies that have reduced bushfire ignitions through community education programs and district working groups.
A presentation I gace at the Sydney Georabble meeting 16 June 2011 looking at the convergence of emergency management, social menia and mapping while recognising some of the vulnerabilities associated with mega fires
Final Geo Rabble 16th June Mega Fires What Happens
Great lakes info session april 2011
1. Information Session
Great Lakes Council
4 May 2011
Lew Short
Group Manager Community
Resilience
Development Rural Fire ServicePlanning
NSW Assessment &
2. Outline
• Overview
• Legislation Changes
• Complying Development
• Process
• Development Standards
• Recognised Consultants
• Certificates
• Best Practice Guidelines and Supporting Documents
• 79BA
• Recognised Consultants
• Queries
3. The next steps for local
government
• What are the specific needs of Council and
Council staff
• How can the RFS assist?
• Mentoring by RFS
• Site assessment
4. Specific Issues
• Inconsistency with the requirements for ember protection between 100B and 79BA assessments. Example is DA-474/2010 for a boundary adjustment.
Bush Fire Safety Authority issued subject to condition requiring dwelling to be upgraded for ember protection. Dwelling is not located within part of land
mapped as bush fire prone. Based on slope, distance to vegetation and type of vegetation the dwelling would not require any specific construction
requirements (BAL 12.5) under AS 3959.
• 2. Ensuring appropriate conditions are applied to Bush Fire Safety Authority. Example is DA-116/2011. A condition was imposed requiring “Public road
access shall comply with section 4.1.3 (1) of Planning for Bush Fire Protection 2006. Clarification was sought in relation to the required outer radius of a
cul-de-sac and advice received that 12m required. Plans were clearly non-compliant (8.5m outer radius). Applicant is unable to comply with this condition
without substantial change to the form of the subdivision, therefore placing this requirement as a condition could invalidate the any consent and should
have been raised as an issue rather than placed as a condition.
• 3. Requiring APZ’s on newly created lots and associated roadways which are outside the extent of bush fire prone land (i.e. more than 100m to the
nearest bushfire hazard) to comply with PBP 2006. Only the residue lot contains bush fire prone land. Example is DA-69/2010
• I refer to DA 260/2010. A rural dwelling beyond the Council maintained section ( a distance of 5.15Klms) of Black Camp Road, Stroud. The maintained
section of Black Camp Road varies in width between 2.5 and 5m and also consists of a number of old timber bridges and culverts. To access the
property, a further distance of 500m was required to be travelled over a non maintained section of Black Camp Road also consisting of a poorly
constructed pipe crossing. The issues were as follows:-
• RFS required that only the internal access meet the requirements of 4.1.3 (2)
• The maintained section of Black Camp Road itself clearly did not meet RFS requirements in terms of height clearances, road width and dubious structural
adequacy of the existing bridges and culverts.
• The 500m of unmaintained road was in poor condition as was the pipe crossing within this section.
• In my mind this raises the following questions:
1. Does Council have any obligation to ensure that its' maintained or unmaintained rural road network complies with basic RFS requirements such as
width, height and load capacity? If so, given current and projected budget restraints, would achieving compliance with these requirements be unrealistic or
even unachievable task?
• 2. Why does the RFS condition for compliance with internal access requirements yet overlooks the condition of the public road itself?
• 3. In terms of liability would Council or the RFS be accountable in any way should it be proven that a fatality occurred due to RFS emergency services not
being able to negate the public road leading into the property?
• What is the standard of construction required for secondary access roads on rural properties?
• I am off work on Mon and at a DAP meeting on Tues so really can’t afford to be there on Weds – so sorry. I have a few issues with the RFS system but
most are to do with the unnecessary need to send DA’s to them with associated costs and time. Example 1 - house just approved for construction, we
then submit a DA for subn and we are required to supply RFS report and costs covering that same site?????? .
• Example 2 – subn approved for 3 lots – clients then request the subn be varied to 2 lots (same location for house sites as previously approved 3 months
prior) we are required to resubmit the DA to RFS???? Why?
• I have never liked how in the case of a minor boundary adjustment – RFS place conditions on the long standing existing dwellings (covering in openings,
covering windows, extra water tanks etc). In some cases it has meant the bdy adjustment is no longer viable so does not proceed. So houses remain the
same and the boundary stays in an inappropriate location. RFS in later years are becoming better on this issue but still room for improvement
• I can supply DA refs if needed
The four above are from a surveyor.
My specific issues relate to road access widths and turning circle requirements.
• Robyn Shelley
5. Legislative Changes
• The Environmental Planning & Assessment Amendment
Act 2008 (the Amendment Act)
• s79BA EP&A Act 1979
• Codes SEPP 2008
– Exempt Provisions (unchanged)
– Complying Provisions
• Amendment to s733 of the Local Government Act 1919
• Protection of life and property is maintained through
rigorous assessment processes by suitably qualified
consultant or Council staff
6. Background - Complying
Development
• Exempt & Complying Codes SEPP has been in effect from
2008.
• Bush Fire was a land based exclusion which only allowed
minor exempt development such as class 10, fences etc
• Long period of negotiation with Dept of Planning and FPAA
• Maintains NSW strong position for new development in
Bush Fire Prone Areas.
7. Background - Complying
Development
• Exempt & Complying Codes SEPP has been in effect from
2008.
• Bush Fire was a land based exclusion which only allowed
minor exempt development such as class 10, fences etc
• Long period of negotiation with Dept of Planning and FPAA
• Maintains NSW strong position for new development in
Bush Fire Prone Areas.
8. The changes to complying development
• Bush fire prone land is no longer excluded from the Codes
SEPP
• New assessment process applies to the General Housing
Code and the Rural Housing Code
• Part 3 of Codes SEPP
– Development Standards eg. setbacks, building height & bush fire
prone land standards
9.
10.
11. • Cannot be carried out on BFP Land for State
Significant Development, Integrated
Development or Other development
• Can be applied to infill situations for alterations,
additions and new houses that meet the code
criteria (Development Standards)
• Development Standards are based on the
zoning of the land
– Rural zonings covered by Rural Housing Code RU1 – RU 6
– Residential or the General Housing R1 – R5
12. Part 3 General Housing Code
cl. 3.36B Development standards for bush fire prone land
(1) This clause applies:
(a) to all development specified for this code that is to be carried out on a lot that is wholly or
partly bush fire prone land (other than development that is the erection of non-habitable
ancillary development that is more than 10m from any dwelling house, landscaping, a
non-combustible fence or a swimming pool), and
(b) in addition to all other development standards specified for this code.
(2) The development may be carried out on the lot only if:
(a) the development conforms to the specifications and requirements of the following that are
relevant to the development:
(i) Planning for Bush Fire Protection (ISBN 0 9751033 2 6) published by the NSW Rural Fire
Service in December 2006,
(ii) Addendum: Appendix 3 (ISBN 0 9751033 2 6, published by NSW Rural Fire Service in 2010)
to Planning for Bush Fire Protection (ISBN 0 9751033 2 6),
(iii) if another document is prescribed by the regulations for the purposes of section 79BA of
the Environmental Planning and Assessment Act 1979—that document, and
13. Part 3 General Housing Code
cl. 3.36B Development standards for bush fire prone land
(b) the part of the lot on which the development is to be carried out is not in bush fire
attack level-40 (BAL-40) or the flame zone (BAL-FZ), and
(c) the lot has direct access to a public road or a road vested in or maintained by the
council, and
(d) a reticulated water supply is connected to the lot, and
(e) a fire hydrant is located less than 60 metres from the location on the lot of the
proposed development, and
(f) mains electricity is connected to the lot, and
(g) reticulated or bottled gas on the lot is installed and maintained in accordance with
AS/NZS 1596:2008, The storage and handling of LP Gas and the requirements of
relevant authorities (metal piping must be used), and
(h) any gas cylinders on the lot that are within 10m of a dwelling house: (i) have the
release valves directed away from the dwelling house, and (ii) are enclosed on
the hazard side of the installation, and (iii) have metal connections to and from
the cylinders, and (i) there are no polymer sheathed flexible gas supply lines to
gas meters adjacent to the dwelling.
14. • 3) A standard specified in subclause (2) (b) is satisfied if one of
the following certifies that the development is not in bush fire
attack level-40 (BAL-40) or the flame zone (BAL-FZ):
• (a) until 25 February 2012—the NSW Rural Fire Service, or
• (b) a person who is recognised by the NSW Rural Fire Service as
a suitably qualified consultant in bush fire risk assessment, or
• (c) the council.
Note. More information about the categories of bush fire attack,
including the flame zone, can be found in Table A3.4.2 of
Addendum: Appendix 3 (ISBN 0 9751033 2 6 and published by
NSW Rural Fire Service in 2010) to the publication titled Planning
for Bush Fire Protection (ISBN 0 9751033 2 6) published by NSW
Rural Fire Service in 2006.
15. Bush fire prone land - CDC
AS3959 (2009)
BAL Level Description
BAL LOW Insufficient risk Council
assessment or
BAL 12.5 Ember attack BPAD Certification
BAL 19 Increased ember attack and
debris
BAL 29 Ember attack and radiant heat
BAL 40 Radiant heat, embers and flame DA Required
exposure
BAL FZ Direct exposure to flames and fire DA Required
front
BAL 40 & FZ - The distance from a bush fire at which there is significant
potential for sustained flame contact to a building.
16. RFS Submission Requirements
• Kit for applicants to determine their BAL when applying for
a BAL Risk Assessment Certificate.
• Identification of lot particulars
• Statement of proposed development
• A site plan with (reference number and dated) drawn to scale
that indicates building footprint
• BAL Risk Assessment fee (may be applicable).
19. Suitably Qualified Consultants
• It is a requirement that a person who has suitable
qualifications and experience undertakes the
assessment. This could be either the local council or a
person identified as being a ‘suitably qualified
consultant’.
22. Suitably Qualified Consultants
Recognised by NSW Rural Fire Service
– Fire Protection Association Australia
• BPAD-A and BPAD-D
• Or other equivalent BPAD qualification/scheme
23.
24. Certificate particulars
• Duration of Certificate - 12 months
• Must identify BAL level in the certificate – Site assessment is
critical
• Amendments – There are no provisions to do amendments to
the certificate.
• Conditioning – Conditioning cannot be applied. The proposal
meets the DTS or it does not.
• Based on the hazard at the time of inspection
• No approval for vegetation clearing or establishing APZ’s.
• Multiples assessments for certificates can be undertaken.
However, only a final certificate can be provided with the
CDC.
25. Residential
DEVELOPMENT STANDARDS
Construction requirements
Bushfire Attack Level Low-29
Public road access
Reticulated water supply
A fire hydrant less than 60 metres
Mains electricity
Reticulated or bottled gas installation
Gas cylinder location
Gas supply lines
26. Best Practice Guidelines
• New works to comply with Development Standards
ie. AS3959 2009 ‘Construction of Buildings in
Bushfire Prone Areas’
• Most homes in NSW pre-date bush fire legislation.
• Unable to achieve increased bush fire protection.
• NSW RFS has produced the Best Practice
Guidelines to assist existing houses to upgrade.
27. Is Upgrading Mandatory?
• No, however compliance with the Best Practice
Guide is strongly recommended as a minimum
• In addition to any other bush fire protection
measures
– Site management
– Landscaping
– Construction standards
– Services
28. Auditing
• Following issue of CDC, required to be forwarded to
RFS
• The RFS will carry out an auditing process to ensure
accuracy of BAL Risk Assessment Certificates
• Will also be used by RFS for operational purposes
• Breaches will be forwarded to the accredited body
30. Hansard
• S79BA originally intended councils undertake the majority
of bushfire risk assessment
– “This will be a general referral requirement although
councils, as consent authorities, should be able to
determine whether developments meet the guidelines
specifications” (Parliament Hansard May 2002)
31. 79BA
(1) Development consent cannot be granted for the carrying out of
development for any purpose (other than a subdivision of land that
could lawfully be used for residential or rural residential purposes
or development for a special fire protection purpose) on bush fire
prone land unless the consent authority:
(a) is satisfied that the development conforms to the specifications
and requirements of the document entitled Planning for Bush Fire
Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire
Service in co-operation with the Department of Planning (or, if
another document is prescribed by the regulations for the purposes
of this paragraph, that document) that are relevant to the
development (the relevant specifications and requirements), or
32. 79BA
(b) has been provided with a certificate by a person who is
recognised by the NSW Rural Fire Service as a qualified
consultant in bush fire risk assessment stating that the
development conforms to the relevant specifications and
requirements
• “relevant specifications” DTS provisions of Planning for
Bush Fire Protection
• “requirements” documentation provided to Council in
support of the certificate. Documentation includes that
detailed in Appendix 4 of PBP.
• “Certificate” means to provide documented evidence to
Council as the consent authority as to your
recommendations to be incorporated into the conditions of
consent. This should include the DTS requirements of
PBP and the appropriate level of construction in
accordance with AS3959.
33. 79BA
• (1A) If the consent authority is satisfied that
the development does not conform to the
relevant specifications and requirements, the
consent authority may, despite subsection (1),
grant consent to the carrying out of the
development but only if it has consulted with
the Commissioner of the NSW Rural Fire
Service concerning measures to be taken with
respect to the development to protect
persons, property and the environment from
danger that may arise from a bush fire.
34. 79BA
• is satisfied that the development does not conform =
demonstration that there is some form of non-compliance.
• DoP and the RFS will be pushing for this to be done and after the 12
months transition will be working with councils (training/ mentoring) to
ensure they are comfortable in the assessment of applications.
• It is envisaged that DAs referred to the RFS will not be accepted
unless they can demonstrate the non-compliance with PBP.
• Assessment sheets/checklists will be developed to assist councils.
• IMPORTANT – The changes are designed to allow the RFS to focus
resources on higher risk developments.
35. In Summary
• Council shall assess compliance with ‘Planning for Bush Fire
Protection 2006’ (PBP) for all developments under section 79BA
• Onus on councils to undertake assessments
• Referral to RFS only where proposal does not comply with PBP
• Reduce assessment timeframes and allow RFS to focus upon high
risk developments
• Enable recognised consultants to certify developments compliance
36. Further Information
• NSW Department of Planning website
– Fact Sheet November 2010
– Fact Sheet 3 – General Housing Code
– Fact Sheet 10 Complying Development on Bushfire Prone Land
• RFS Website
– Fast Fact 5/10 Recognised/Qualified Consultants
– Practice Note 1/10 Requirements for Recognised/Qualified
Consultants
– BAL Risk Self Assessment Tool
– BAL Risk Assessment User Guide
– BAL Risk Assessment Application Kit
– Best Practice Guideline
37. Questions
Lew Short
Group Manager Community Resilience
NSW Rural Fire Service
8741 5454
Lew.short@rfs.nsw.gov.au
Lew Short
lewshort14
Editor's Notes
The RFS has worked with the Department of Planning to remove the land based restriction for complying development on bush fire prone land which is zoned residential or rural residential. Development Standards have also been introduced for development on bush fire prone land in addition to those standards which are already in place for complying development.
The RFS has worked with the Department of Planning to remove the land based restriction for complying development on bush fire prone land which is zoned residential or rural residential. Development Standards have also been introduced for development on bush fire prone land in addition to those standards which are already in place for complying development.
The RFS has worked with the Department of Planning to remove the land based restriction for complying development on bush fire prone land which is zoned residential or rural residential. Development Standards have also been introduced for development on bush fire prone land in addition to those standards which are already in place for complying development.
The RFS has a document called the BAL Risk Assessment Application Kit. This is what the RFS requires applicants to submit as their application for a BAL Risk Assessment Certificate. The BAL RAAK includes the necessary application form. Councils may also like applicants to submit this information. The Application kit includes the minimum information required to carry out an assessment. The first section of the kit includes information on how to do a self assessment of BAL Risk. The second part of the document has the application form and submission requirements including identification of lot particulars, statement of the proposed development, a site plan, photographs of the property and vegetation identified as being the bush fire hazard and the application fee. RFS will not be providing hard copies of the kits, only provided as a downloaded document.
This is a sample of the RFS BAL Risk Certificate for proposals which fall at or below BAL-29. (Run through the paragraphs)
This is a sample of the RFS BAL Risk Certificate for proposals which are determined as being BAL-40 or BAL-FZ. (Run through the paragraphs)
Council is recognised as an assessing authority to determine BAL and compliance with PBP – Council can rely on in-house expertise or seek external advice. External advice can be gained from a suitably qualified consultant. Currently the RFS recognises those people/businesses who are members of the Fire Protection Association of Australia (FPAA) who have obtained the BPAD-A or BPAD-D qualification. BPAD-D consultants are only accredited to carry out Deemed to Satisfy Assessments, BPAD-A consultants can undertake an Alternate Solutions assessment. Eg. Council checking environmental assessment without Environmental degree.
This is a residential site which has been identified as being at or below BAL-29. The development standards that need to be considered for this site include: The development conforms to the specifications and requirements of the following that are relevant to the development: Planning for Bush Fire Protection (ISBN 0 9751033 2 6) published by the NSW Rural Fire Service in December 2006; Addendum: Appendix 3 (ISBN 0 9751033 2 6, published by NSW Rural Fire Service in 2010) to Planning for Bush Fire Protection (ISBN 0 9751033 2 6), If another document is prescribed by the regulations for the purposes of section 79BA of the Environmental Planning and Assessment Act 1979. The part of the lot on which the development is to be carried out is not in bush fire attack level-40 (BAL 40) or the flame zone (BAL-FZ), and The lot has direct access to a public road or a road vested in or maintained by the Council; A reticulated water supply is connected to the lot; A fire hydrant is located less than 60 metres from the location of the lot of the proposed development – focus on this as it could knock out a lot of development being considered under the Codes SEPP. Mains electricity is connected to the lot; Reticulated or bottled gas on the lot is installed and maintained in accordance with AS/NZS 1596:2008, The storage and handling of LP Gas and the requirements of relevant authorities (metal piping must be used), and Any gas cylinders on the lot that are within 10m of a dwelling house: have the release valves directed away from the dwelling house, and are enclosed on the hazard side of the installation, and have metal connections to and from the cylinders, and There are no polymer sheathed flexible gas supply lines to gas meters adjacent to the dwelling;
BAL Risk Assessment only relates to the proposed development. Following the Victorian bush fires of February 2009 Australia introduced national building regulations that require consideration of bush fire protection for residents who are building or renovating their homes. However the majority of residences pre-date this legislation meaning existing houses are unable to achieve the increased level of bush fire protection via AS3959-2009. Consequently, the RFS has developed the Best Practice Guidelines which provides practical recommendations to those who live in bush fire prone areas. These recommendations involve the upgrade of existing homes to be better protected from bush fires.
Upgrading is not mandatory, however compliance with this document is recommended where new works are being undertaken and an existing dwelling exists. In this regard, for all Development Applications, complying developments, etc, the requirements of this document should be applied as a minimum standard to the existing dwelling, in addition to any other bush fire protection measures that may be required. These retrofitting measures assist in making your home safer against the impact of embers and radiant heat in the event of a bush fire, however, they form only part of the solution. Undertaking routine property maintenance and preparing a bush fire survival plan are other important parts to your bush fire protection and survival.
Quality assurance. To ensure accuracy and that there is no dilution with planning and building controls in respect to PBP. With the intention being to maintain protection of life and property. If asked – this is in DoP Fact Sheet 10.
(1) Development consent cannot be granted for the carrying out of development for any purpose (other than a subdivision of land that could lawfully be used for residential or rural residential purposes or development for a special fire protection purpose) on bush fire prone land unless the consent authority: (a) is satisfied that the development conforms to the specifications and requirements of the document entitled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning (or, if another document is prescribed by the regulations for the purposes of this paragraph, that document) that are relevant to the development (the relevant specifications and requirements), or (b) has been provided with a certificate by a person who is recognised by the NSW Rural Fire Service as a qualified consultant in bush fire risk assessment stating that the development conforms to the relevant specifications and requirements. (1A) If the consent authority is satisfied that the development does not conform to the relevant specifications and requirements, the consent authority may, despite subsection (1), grant consent to the carrying out of the development but only if it has consulted with the Commissioner of the NSW Rural Fire Service concerning measures to be taken with respect to the development to protect persons, property and the environment from danger that may arise from a bush fire. is satisfied that the development does not conform = demonstration that there is some form of non-compliance. DoP and the RFS will be pushing for this to be done and after the 12 months transition will be working with councils to ensure they are comfortable in the assessment of applications. It is envisaged that DAs referred to the RFS will not be accepted unless they can demonstrate the non-compliance with PBP. Assessment sheets/checklists will be developed to assist councils. IMPORTANT – The changes are designed to allow the RFS to focus resources on higher risk developments.
(1) Development consent cannot be granted for the carrying out of development for any purpose (other than a subdivision of land that could lawfully be used for residential or rural residential purposes or development for a special fire protection purpose) on bush fire prone land unless the consent authority: (a) is satisfied that the development conforms to the specifications and requirements of the document entitled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning (or, if another document is prescribed by the regulations for the purposes of this paragraph, that document) that are relevant to the development (the relevant specifications and requirements), or (b) has been provided with a certificate by a person who is recognised by the NSW Rural Fire Service as a qualified consultant in bush fire risk assessment stating that the development conforms to the relevant specifications and requirements. (1A) If the consent authority is satisfied that the development does not conform to the relevant specifications and requirements, the consent authority may, despite subsection (1), grant consent to the carrying out of the development but only if it has consulted with the Commissioner of the NSW Rural Fire Service concerning measures to be taken with respect to the development to protect persons, property and the environment from danger that may arise from a bush fire. is satisfied that the development does not conform = demonstration that there is some form of non-compliance. DoP and the RFS will be pushing for this to be done and after the 12 months transition will be working with councils to ensure they are comfortable in the assessment of applications. It is envisaged that DAs referred to the RFS will not be accepted unless they can demonstrate the non-compliance with PBP. Assessment sheets/checklists will be developed to assist councils. IMPORTANT – The changes are designed to allow the RFS to focus resources on higher risk developments.
(1) Development consent cannot be granted for the carrying out of development for any purpose (other than a subdivision of land that could lawfully be used for residential or rural residential purposes or development for a special fire protection purpose) on bush fire prone land unless the consent authority: (a) is satisfied that the development conforms to the specifications and requirements of the document entitled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning (or, if another document is prescribed by the regulations for the purposes of this paragraph, that document) that are relevant to the development (the relevant specifications and requirements), or (b) has been provided with a certificate by a person who is recognised by the NSW Rural Fire Service as a qualified consultant in bush fire risk assessment stating that the development conforms to the relevant specifications and requirements. (1A) If the consent authority is satisfied that the development does not conform to the relevant specifications and requirements, the consent authority may, despite subsection (1), grant consent to the carrying out of the development but only if it has consulted with the Commissioner of the NSW Rural Fire Service concerning measures to be taken with respect to the development to protect persons, property and the environment from danger that may arise from a bush fire. is satisfied that the development does not conform = demonstration that there is some form of non-compliance. DoP and the RFS will be pushing for this to be done and after the 12 months transition will be working with councils to ensure they are comfortable in the assessment of applications. It is envisaged that DAs referred to the RFS will not be accepted unless they can demonstrate the non-compliance with PBP. Assessment sheets/checklists will be developed to assist councils. IMPORTANT – The changes are designed to allow the RFS to focus resources on higher risk developments.
(1) Development consent cannot be granted for the carrying out of development for any purpose (other than a subdivision of land that could lawfully be used for residential or rural residential purposes or development for a special fire protection purpose) on bush fire prone land unless the consent authority: (a) is satisfied that the development conforms to the specifications and requirements of the document entitled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning (or, if another document is prescribed by the regulations for the purposes of this paragraph, that document) that are relevant to the development (the relevant specifications and requirements), or (b) has been provided with a certificate by a person who is recognised by the NSW Rural Fire Service as a qualified consultant in bush fire risk assessment stating that the development conforms to the relevant specifications and requirements. (1A) If the consent authority is satisfied that the development does not conform to the relevant specifications and requirements, the consent authority may, despite subsection (1), grant consent to the carrying out of the development but only if it has consulted with the Commissioner of the NSW Rural Fire Service concerning measures to be taken with respect to the development to protect persons, property and the environment from danger that may arise from a bush fire. is satisfied that the development does not conform = demonstration that there is some form of non-compliance. DoP and the RFS will be pushing for this to be done and after the 12 months transition will be working with councils to ensure they are comfortable in the assessment of applications. It is envisaged that DAs referred to the RFS will not be accepted unless they can demonstrate the non-compliance with PBP. Assessment sheets/checklists will be developed to assist councils. IMPORTANT – The changes are designed to allow the RFS to focus resources on higher risk developments.
The intent of the changes to S79BA is for councils to assess compliance with Planning for Bush fire Protection. Referral of DAs to the RFS should only be when the proposal does not comply with Planning for bush fire protection or if Council feels unable to assess compliance with Planning for bush fire protection. To support Councils in undertaking their own assessments, Section 733 of the Local Government Act, 1993 has been amended to limit councils’ liability when they have undertaken an assessment in good faith. In reducing the number of referrals to the RFS and completing assessments at Council should help reduce assessment timeframes. The changes to S79BA also allow assessment of development to be carried out by a suitably qualified consultant and for the first 12 months, the RFS.
NSW DoP Fact Sheet – Facilitating councils’ assessing low risk and low impact development applications on bush fire prone land – s.79BA of the EP&A Act