Planning Scheme Amendments

Current Amendments

Amendment C116cola – Birregurra Flood and Drainage Strategy 2021

Colac Otway Shire and the Corangamite Catchment Management Authority (CCMA) have prepared the Birregurra Flood and Drainage Strategy 2021.

The Strategy seeks to respond to local flood events, such as the flood in September 2016, and ongoing pressure for development in Birregurra.  The purpose of the Strategy is to update the existing flood mapping in Birregurra so that it more accurately reflects the geographical extent and depth of flood waters in Birregurra associated with both riverine inundation and the drainage network.  The Strategy also proposes a basis for future infrastructure investment in Birregurra to alleviate or mitigate the risk from flooding.

Modelling used in preparing the Strategy identified areas within and around Atkin Creek and an unnamed tributary of the Barwon River (known locally as Kettles Creek) affected by flooding.  These areas have been mapped as either Floodway Overlay (FO) or Land Subject to Inundation Overlay (LSIO).  Land within Birregurra likely to be impacted by overland flow from the urban drainage network has also been included in a Special Building Overlay (SBO).

The proposed amendment identifies land that has a greater risk of flooding and/or the implications of flooding are more severe, and also seeks to update the existing LSIO mapping to reflect the latest flood data. 

To implement the key findings of the Strategy, Council seeks to introduce new and amend existing planning controls that seek to improve the management of flood events in Birregurra, resulting in net community benefit by more accurately reflecting the true flood risk.

Amendment details

The amendment proposes to change the Colac Otway Planning Scheme in the following ways;

Mapping changes

  • Delete Planning Scheme Map No 13LSIO-FO
  • Insert new Planning Scheme Maps No 13LSIO-FO and 13SBO
  • Amend Planning Scheme Maps No 12LSIO-FO

Ordinance changes

  • Insert Clause 44.05 Special Building Overlay into the Colac Otway Planning Scheme
  • Insert Schedule to Clause 44.05 Special Building Overlay into the Colac Otway Planning Scheme
  • Amend the Schedule to Clause 72.03 to list the new flood overlay map
  • Amend the Schedule to Clause 72.08 – Background Documents – to insert the Birregurra Flood and Drainage Strategy 2021 as a Background Document in the Colac Otway Planning Scheme

Council resolution

Council considered Amendment C116cola at its February 2022 meeting and resolved to refer unresolved submissions to an Independent Panel.  A copy of the Council report and meeting minutes can be found here on Council's website (look to February 2022 meeting).   The Amendment was exhibited from 9 September to 22 October 2021.

Planning Panel

An Independent Planning Panel appointed by the Minister for Planning considered the submission received and the amendment on 3 May 2022.

Council's submission to this hearing can be found here(PDF, 1MB) .

Council's Expert Witness Statement (prepared by Engeny Water Technology) can be found here(PDF, 8MB) .

The Independent Planning Panel Report can be found here(PDF, 1014KB) .(PDF, 1014KB)

Next Steps:

Council will consider the Amendment and the Planning Panel Report at the Council meeting on the 29 June 2022.

Amendment documents

The Amendment documents and other information can be found here;

Colac-Otway-C116cola-sbo-Map13.pdf(PDF, 210KB)

Colac-Otway-C116cola-lsio-fo-Map12.pdf(PDF, 383KB)

Colac-Otway-C116cola-lsio-fo-Map13.pdf(PDF, 2MB)