C90 - Flood Amendment

Amendment C90 - Flood Amendment

Colac Otway Shire Council has prepared Amendment C90 to the Colac Otway Planning Scheme.  Amendment C90 proposes to implement the findings of the Deans Creek and Barongarook Creek Flood Study (2017) by introducing planning controls that seek to improve the performance of the Colac Otway Planning Scheme in responding to flood events in Colac.

Land affected

The Amendment applies to land in the Deans Creek and Barongarook Creek catchments in Colac that are affected by floodwater during a 1 in 100 year average recurrence interval flood event, as identified in the Deans Creek and Barongarook Creek Flood Study (2017).  Specifically it applies in the vicinity of the current Land Subject to Inundation Overlay (LSIO) and Floodway Overlay (FO) in Colac and its surrounds.

What the amendment does

The Deans Creek and Barongarook Creek Flood Study (2017) is one of a number of flood studies commissioned by the State Government in response to flood events which occurred across Victoria in 2010.  The purpose of the Study is to update the existing flood mapping in Colac so that it more accurately reflects the geographical extent and depth of flood waters in Colac associated with riverine flooding and that it quantifies the risks associated with flood events.

The Amendment is required to implement the findings of the Study.  The Study identified areas in both the Deans Creek and Barongarook Creek catchments that are affected by flooding.  These areas have been re-mapped as either Floodway Overlay (FO) or Land Subject to Inundation Overlay (LSIO).

The proposed amendment seeks to update the existing LSIO and FO mapping reflecting the latest data.  It identifies land within the LSIO that has a greater risk of flooding and/or the implications of flooding are more severe.  This land will be included in the Floodway Overlay (FO).

The Amendment also revises and updates wording of the existing LSIO and FO Schedules so that they ensure best practice in terms of adhering to Ministerial Practice Notes and planning principles.  Through the implementation of modified Schedules, Amendment C90 seeks to remove a greater range of buildings and works from the need to obtain a planning permit in the LSIO and FO.  The Amendment also makes changes to the Municipal Strategic Statement concerning flood management.

Frequently Asked Questions

C90 - LSIO Mapping Update - Frequently Asked Questions(PDF, 384KB)

Council determination

On 25 October 2017, Council considered the amendment and resolved to request the Minister for Planning to authorise Amendment C90 and to exhibit the Amendment.  The Council report and minutes can be viewed here:

Amendment documents

The exhibited amendment documents and other documents can be viewed here:

Next Steps

The Amendment and submissions received were considered by Council at its meeting on 28 August 2019. 

At this meeting Council resolved to make changes to the Amendment, adopt the Deans Creek and Barongarook Creek Flood Study (2017) and forward it and the unresolved submissions to an independent Planning Panel appointed by the Minister for Planning for further consideration.

The revised amendment documents can be viewed here:

A Panel hearing was held on 30 January 2020.  Expert witness statement presented to Panel, attached below.

Expert Witness Statement(PDF, 391KB)

Council received Panel report below in early March 2020

C90 Panel Report(PDF, 7MB)

Council will consider the recommendations of the Panel in early April 2020.

If you have any queries concerning this matter, please contact the Planning, Building & Health Department by email inq@colacotway.vic.gov.au or phone 03 5232 9400, referencing Amendment C90.