Safer, Stronger, More Resilient Region - flood risk and you


UPDATE: Community consultation is open between 15 November 2019 and 6 December 2019.


We're committed to the goal of a Safer, Stronger, More Resilient Region by continuing to improve flood management and community awareness of flood risk.

December 2010 and January 2011 saw parts of the Toowoomba region experience significant flooding resulting in the loss of life and significant damage to property. In response to those events we commenced a comprehensive program to improve development regulation in flood-affected areas, enhance flood management and increase community awareness of flood risk.

That program has resulted in the preparation of flood studies for 34 urban areas and the Condamine River catchment and recommendations for how to better regulate development within flood risk areas to protect people and property in the event of flooding. Those recommendations are being implemented through Toowoomba Regional Planning Scheme Amendment No.17.

To find out more about the flood studies please download our project timeline, visit the flood studies document library or check out our video.


The Toowoomba Regional Planning Scheme Amendment

We have been working with property owners, communities and other stakeholders across the region to gather vital flood information since 2015. As an outcome of this consultation we are proposing to amend the Toowoomba Regional Planning Scheme to include development controls to protect people and property in flood affected areas and help us better plan for the future.

The Toowoomba Regional Planning Scheme identifies which land uses and which types of development require development approval and the standards that new development must meet.

The amendment proposes including land identified as having a flood risk within the Flood Hazard Overlay, and updating the Flood Hazard Overlay Code and other applicable parts of the planning scheme to better regulate development in flood risk areas.

It applies to land throughout the Toowoomba Region identified as having a flood risk.

The proposed amendment can be viewed here and at Customer Service Centres.


Previous community consultation

We undertook two rounds of region-wide community consultation to build awareness of and manage and reduce the impacts of flooding in 2015 and 2016.

The first round of consultation to collect feedback around the flood studies was held in March 2015. Over 2000 property owners, industry groups, government stakeholders, community organisations and emergency services personnel participated in this initial round which included open house events, one-on-one meetings and online consultation (Your Say website). Over 1800 pieces of information were collecting during this round and have been used to validate and update the studies.

In October and November 2016 we undertook further region-wide consultation to explore potential planning responses to regulate development in flood affected areas and share flood risk mapping. Approximately 10,000 stakeholders were engaged through open house events, letters, one-on-one meetings and online consultation (Your Say website). Over 70 submissions were received during this process. These submissions were considered by Council in July 2017 and have assisted in the formulation of proposed Toowoomba Region Planning Scheme (TRPS) amendments.

Details on the issues raised through this feedback and how Council has responded are available in the minutes of the July 2017 Planning and Development Committee meeting.

Additional community consultation on the proposed amendment ran from 27 August to 5 October 2018 with 190 submissions received.

Council considered those submission on 19 March, 2019 and decided to make 13 changes to the planning scheme amendment in response to issues that had been raised. A copy of the Council report considering each submission is available here.


State government review

Before seeking adoption by Council, the planning scheme amendment was reviewed by the State Government.

In reviewing the amendment and the process that followed, the State Government has identified that, while affected property owners were notified of the proposed amendment as part of the public exhibition, the notification did not advise that Council is seeking compensation exemption.

The State Government has requested that a public exhibition process be undertaken to advise affected property owners that Council is seeking compensation exemption.


Current public exhibition

Where a change to the planning scheme is to reduce the risk of serious harm to people or property from natural events, Council can elect to be exempt from compensation provisions that apply to an adverse planning change.

This public exhibition process advises that Council will be seeking compensation exemption as part of the amendment process. The compensation exemption applies to flood-affected properties within Cooyar, Crows Nest, Jondaryan, Maclagan, Oakey, Quinalow and Yarraman. Any compensation exemption would only apply to those towns.

The Planning Act 2016 provides for the payment of compensation to a land owner who has experienced a reduction in the value of their property as a result of a change to the planning scheme, which is termed an adverse planning change.

Section 30(4)(e) of the Planning Act 2016 states that where a change to the planning scheme is to reduce the risk of serious harm to people or property from natural events, including flooding, and the planning scheme amendment has been undertaken in accordance with the Minister’s Rules, it is not an adverse planning change, and therefore not subject to the compensation provision of the Planning Act 2016.

Requirements that must be met for obtaining compensation exemption include:

(a) identifying whether there are any feasible alternatives to addressing the flood risk through development controls; and

(b) notifying affected property owners that Council is seeking compensation exemption as part of the public exhibition of the amendment.

Feasible alternatives were investigated through the Floodplain Risk Management Plans undertaken for the seven (7) high flood risk towns in the Toowoomba Region. These towns are Cooyar, Crows Nest, Jondaryan, Maclagan, Oakey, Quinalow and Yarraman. Any compensation exemption would only apply to flood-affected properties within those towns. A copy of the Feasible Alternatives Assessment Report is available here.


Making a submission

Community consultation is open between 15 November 2019 and 13 December 2019.

Written submissions about any aspect of the proposed planning scheme amendment can be lodged until 5pm on 13 December 2019 by:

  1. mailing a written submission to the Chief Executive Officer, Toowoomba Regional Council, PO Box 3021, TOOWOOMBA, QLD, 4350
  2. submitting a written response in person at a Customer Service Centre, or
  3. sending an email to info@tr.qld.gov.au, Attn: Chief Executive Officer, Toowoomba Regional Council.

To be considered, submissions must:

  • include the name and address of each person making the submission
  • state the grounds of the submission and the facts and circumstances relied on in support of the grounds
  • unless made electronically, be signed by each person making the submission, i.e. mailed submissions.

Council will consider all properly made submissions when finalising the proposed development regulations.


Further information

In addition to information provided here, there are many ways you can find out more about flood risk and the proposed planning scheme amendments.

  • visit the Flood Risk Information Portal, Council’s online mapping tool to view specific flood information for your property
  • phone 131 872 to speak to a Planner about the changes that affect your property
  • email info@tr.qld.gov.au to ask a question or request additional information
  • call 131 872 to book an appointment with a Planner at one of the following venues:
Date
Time
Location
Monday 25 November 2019
2:30-6:30pm
Yarraman Memorial Hall
Tuesday 26 November 2019
12-4pm
Crows Nest Community Hall
Wednesday 27 November 2019
8.30am-12.30pm
Maclagan Memorial Hall
Friday 29 November 2019
8:30am-12:30pm
Oakey Community Centre
Monday 2 to Friday 6 December 2019
2-5pm
Toowoomba Customer Service Centre



UPDATE: Community consultation is open between 15 November 2019 and 6 December 2019.


We're committed to the goal of a Safer, Stronger, More Resilient Region by continuing to improve flood management and community awareness of flood risk.

December 2010 and January 2011 saw parts of the Toowoomba region experience significant flooding resulting in the loss of life and significant damage to property. In response to those events we commenced a comprehensive program to improve development regulation in flood-affected areas, enhance flood management and increase community awareness of flood risk.

That program has resulted in the preparation of flood studies for 34 urban areas and the Condamine River catchment and recommendations for how to better regulate development within flood risk areas to protect people and property in the event of flooding. Those recommendations are being implemented through Toowoomba Regional Planning Scheme Amendment No.17.

To find out more about the flood studies please download our project timeline, visit the flood studies document library or check out our video.


The Toowoomba Regional Planning Scheme Amendment

We have been working with property owners, communities and other stakeholders across the region to gather vital flood information since 2015. As an outcome of this consultation we are proposing to amend the Toowoomba Regional Planning Scheme to include development controls to protect people and property in flood affected areas and help us better plan for the future.

The Toowoomba Regional Planning Scheme identifies which land uses and which types of development require development approval and the standards that new development must meet.

The amendment proposes including land identified as having a flood risk within the Flood Hazard Overlay, and updating the Flood Hazard Overlay Code and other applicable parts of the planning scheme to better regulate development in flood risk areas.

It applies to land throughout the Toowoomba Region identified as having a flood risk.

The proposed amendment can be viewed here and at Customer Service Centres.


Previous community consultation

We undertook two rounds of region-wide community consultation to build awareness of and manage and reduce the impacts of flooding in 2015 and 2016.

The first round of consultation to collect feedback around the flood studies was held in March 2015. Over 2000 property owners, industry groups, government stakeholders, community organisations and emergency services personnel participated in this initial round which included open house events, one-on-one meetings and online consultation (Your Say website). Over 1800 pieces of information were collecting during this round and have been used to validate and update the studies.

In October and November 2016 we undertook further region-wide consultation to explore potential planning responses to regulate development in flood affected areas and share flood risk mapping. Approximately 10,000 stakeholders were engaged through open house events, letters, one-on-one meetings and online consultation (Your Say website). Over 70 submissions were received during this process. These submissions were considered by Council in July 2017 and have assisted in the formulation of proposed Toowoomba Region Planning Scheme (TRPS) amendments.

Details on the issues raised through this feedback and how Council has responded are available in the minutes of the July 2017 Planning and Development Committee meeting.

Additional community consultation on the proposed amendment ran from 27 August to 5 October 2018 with 190 submissions received.

Council considered those submission on 19 March, 2019 and decided to make 13 changes to the planning scheme amendment in response to issues that had been raised. A copy of the Council report considering each submission is available here.


State government review

Before seeking adoption by Council, the planning scheme amendment was reviewed by the State Government.

In reviewing the amendment and the process that followed, the State Government has identified that, while affected property owners were notified of the proposed amendment as part of the public exhibition, the notification did not advise that Council is seeking compensation exemption.

The State Government has requested that a public exhibition process be undertaken to advise affected property owners that Council is seeking compensation exemption.


Current public exhibition

Where a change to the planning scheme is to reduce the risk of serious harm to people or property from natural events, Council can elect to be exempt from compensation provisions that apply to an adverse planning change.

This public exhibition process advises that Council will be seeking compensation exemption as part of the amendment process. The compensation exemption applies to flood-affected properties within Cooyar, Crows Nest, Jondaryan, Maclagan, Oakey, Quinalow and Yarraman. Any compensation exemption would only apply to those towns.

The Planning Act 2016 provides for the payment of compensation to a land owner who has experienced a reduction in the value of their property as a result of a change to the planning scheme, which is termed an adverse planning change.

Section 30(4)(e) of the Planning Act 2016 states that where a change to the planning scheme is to reduce the risk of serious harm to people or property from natural events, including flooding, and the planning scheme amendment has been undertaken in accordance with the Minister’s Rules, it is not an adverse planning change, and therefore not subject to the compensation provision of the Planning Act 2016.

Requirements that must be met for obtaining compensation exemption include:

(a) identifying whether there are any feasible alternatives to addressing the flood risk through development controls; and

(b) notifying affected property owners that Council is seeking compensation exemption as part of the public exhibition of the amendment.

Feasible alternatives were investigated through the Floodplain Risk Management Plans undertaken for the seven (7) high flood risk towns in the Toowoomba Region. These towns are Cooyar, Crows Nest, Jondaryan, Maclagan, Oakey, Quinalow and Yarraman. Any compensation exemption would only apply to flood-affected properties within those towns. A copy of the Feasible Alternatives Assessment Report is available here.


Making a submission

Community consultation is open between 15 November 2019 and 13 December 2019.

Written submissions about any aspect of the proposed planning scheme amendment can be lodged until 5pm on 13 December 2019 by:

  1. mailing a written submission to the Chief Executive Officer, Toowoomba Regional Council, PO Box 3021, TOOWOOMBA, QLD, 4350
  2. submitting a written response in person at a Customer Service Centre, or
  3. sending an email to info@tr.qld.gov.au, Attn: Chief Executive Officer, Toowoomba Regional Council.

To be considered, submissions must:

  • include the name and address of each person making the submission
  • state the grounds of the submission and the facts and circumstances relied on in support of the grounds
  • unless made electronically, be signed by each person making the submission, i.e. mailed submissions.

Council will consider all properly made submissions when finalising the proposed development regulations.


Further information

In addition to information provided here, there are many ways you can find out more about flood risk and the proposed planning scheme amendments.

  • visit the Flood Risk Information Portal, Council’s online mapping tool to view specific flood information for your property
  • phone 131 872 to speak to a Planner about the changes that affect your property
  • email info@tr.qld.gov.au to ask a question or request additional information
  • call 131 872 to book an appointment with a Planner at one of the following venues:
Date
Time
Location
Monday 25 November 2019
2:30-6:30pm
Yarraman Memorial Hall
Tuesday 26 November 2019
12-4pm
Crows Nest Community Hall
Wednesday 27 November 2019
8.30am-12.30pm
Maclagan Memorial Hall
Friday 29 November 2019
8:30am-12:30pm
Oakey Community Centre
Monday 2 to Friday 6 December 2019
2-5pm
Toowoomba Customer Service Centre