TOD SEPP 2024: What the Reforms Mean for Sydney Infill Developers
The TOD SEPP rezones land around 37 Sydney stations for 22m apartments. What the 2024 reforms mean for site selection,…
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Some of the best-priced land in Sydney’s growth areas is priced that way for a reason. A lot in Marsden Park, Riverstone or Austral that looks like a bargain against the street next door often carries a flood notation, an overland flow path or a floodway line through the middle of it. None of those automatically kills a project – but each changes what you can build, how high you build it, how much fill and drainage work sits in front of your slab, and how long approval takes.
The difference between a shrewd purchase and an expensive mistake usually comes down to whether the buyer understood the flood mapping before exchange, or found out about it from the council after settlement. This article covers what the key terms on a flood map mean, where to find the information for a specific lot, and the practical checks to run before committing to flood-affected land.
Sydney’s growth fronts were not chosen because they are dry. They were chosen because they are flat and developable – and flat land on the Cumberland Plain generally means creek systems, broad floodplains and slow-draining overland flow.
In the North West Growth Area, parts of Marsden Park, Riverstone and Vineyard sit within the influence of Hawkesbury-Nepean Valley flooding, where backwater effects can push floodwater well up the tributary creeks. Local systems such as Eastern Creek and First Ponds Creek add their own mainstream flooding on top of that. In the south west, South Creek and its tributaries run through the heart of the Aerotropolis and the established growth precincts, and creeks like Kemps Creek shape which parts of individual precincts can be developed at all.
The important point for a builder assessing a single lot: the river is not the only problem, and often not the main one. For most sites, local creek flooding and overland flow from small catchments determine the flood constraint – and those are exactly the mechanisms easiest to miss on a regional flood map.
NSW flood risk management is guided by the NSW Flood Risk Management Manual, published in 2023, which replaced the 2005 Floodplain Development Manual. Councils prepare flood studies and floodplain risk management plans under this framework. If you can read half a dozen terms confidently, most flood mapping stops being mysterious.
Modern flood studies describe flood events by their annual exceedance probability (AEP) – the probability that a flood of a given size will be equalled or exceeded in any one year. A 1% AEP flood has a 1% chance of occurring or being exceeded in any given year. Older documents call the same event the “1 in 100 year flood”, language that misleads people: it does not mean one flood per century, or that after a big flood you get 99 quiet years. Over the multi-decade life of a building, the chance of seeing at least one 1% AEP event is substantial – which is why planning controls treat it seriously.
The 1% AEP flood is the typical flood planning event used by most NSW councils to set development controls. On top of the 1% AEP level, councils add freeboard – a safety margin for modelling uncertainty, wave action, culvert blockage and the like. A freeboard of 0.5 m is common, and the resulting level is the flood planning level (FPL). Land below the FPL generally forms the flood planning area, where flood-related development controls apply. Be careful here: the exact planning event, freeboard and definitions vary between councils and sometimes between catchments, so always confirm the specific numbers with the relevant council rather than assuming the common case.
The probable maximum flood (PMF) is the largest flood that could conceivably occur at a location. Most development controls do not require buildings to sit above it, but some do extend to the PMF – particularly around evacuation and emergency response, and for sensitive uses such as childcare centres and seniors housing. In the Hawkesbury-Nepean Valley, where the gap between the 1% AEP level and the PMF is unusually large and rising road access can be cut early in a flood, PMF-related evacuation constraints can affect approvals even on land well above the 1% AEP level. If you are proposing anything other than standard housing, check how far up the flood spectrum the controls reach.
Flood mapping does not just tell you how deep the water gets – it tells you what job each piece of land does during a flood. Modern studies divide flood-affected land into three functions:
The same depth of water means very different things in each category: half a metre of slow-moving water on flood fringe is a floor-level problem; half a metre in a mapped floodway is a fundamental site-planning problem.
Newer flood studies also map flood hazard – the combination of depth and velocity that determines what the water can do to people, vehicles and buildings. Many modern NSW studies use a six-band classification, from H1 (generally safe for people, vehicles and buildings) through to H6 (unsafe for everything, including engineered structures). As a rough guide for reading a hazard map:
Hazard mapping is particularly useful because it captures fast, shallow flow – which a simple flood-extent map can make look harmless.
Mainstream flooding comes from a defined watercourse – a river or creek breaking out of its banks. Overland flow is stormwater running across the surface before it reaches a channel: the water that sheets down a road reserve or cuts across the low corner of a paddock during an intense burst of rain.
Council flood studies were historically built around mainstream flooding of the larger creeks; overland flow on small catchments is mapped less consistently, and in some areas not at all. Hence one of the most important rules of flood due diligence: a lot with no flood notation is not necessarily flood-free. A shallow depression collecting runoff from twenty upstream hectares can put real water through a site in a heavy storm, whether or not any study has mapped it. A site walk after heavy rain, a check of the contours and a quick assessment by a civil engineer will find these paths; the planning certificate alone may not.
The reverse also happens: mapping changes over time, and levels can move up as well as down. The floods of 2021 and 2022 across eastern NSW prompted a round of updated flood studies, and land that was unconstrained under an older study can acquire a notation when a new one is adopted. Check the date of the study you are relying on – and if it predates the recent flood events, ask the council whether an update is underway.
For a lot in a Greater Sydney growth area, work through these sources in order:
Filling is the instinctive answer to a flood constraint, and sometimes the right one – but it has limits. Fill placed in flood storage displaces water onto neighbouring land, so councils control floodplain filling through fill policies and merit assessment, and will generally refuse fill in floodways outright. Even where filling is permitted, think about:
Often the better engineering answer is a mix: modest filling, a raised floor level, flood-compatible materials below the FPL (concrete, masonry, fibre cement and similar materials that tolerate wetting), and placing the building on the least constrained part of the lot. Garages, driveways and landscaping can generally sit lower than habitable floors, which gives the site designer room to move.
Before you commit to a flood-affected lot – or any lot near a creek or at the low end of a street – run this checklist:
That last step is the cheapest insurance in the process. A day or two of engineering review before exchange routinely changes offer prices, feasibility assumptions and, occasionally, the decision to buy at all.
A 1% AEP (annual exceedance probability) flood has a 1% chance of occurring or being exceeded in any single year. It is the modern, more accurate way of describing what older documents call the “1 in 100 year flood”. Because the probability applies every year independently, the chance of experiencing at least one 1% AEP event over the decades-long life of a building is substantial – which is why it is the standard planning event for development controls in most of NSW.
Usually not. A flood notation on a section 10.7 certificate tells you that flood-related controls apply; it does not tell you how severe the constraint is. A lot in the flood fringe with shallow 1% AEP depths is generally very workable with the right floor levels and materials. A lot crossed by a floodway or sitting in high-hazard flood storage is a different proposition. The only way to know which you have is to obtain the flood levels and function mapping and have an engineer assess them against the site survey.
Freeboard is a safety margin added above the modelled flood level to set the flood planning level – commonly 0.5 m above the 1% AEP level, though it varies by council. It exists because flood models carry uncertainty, real floods produce waves and local surcharging, and culverts block over time. Habitable floor levels are set at the FPL, not the raw flood level, so freeboard directly affects your slab height, fill quantities and driveway design.
Sometimes, within limits. Councils regulate floodplain filling because fill in flood storage displaces water onto other properties, and fill in floodways obstructs flow – the latter is generally prohibited. Where filling is acceptable, you may need to demonstrate no adverse impact on neighbours, compensate for lost storage, manage overland flow around the raised platform and certify the fill geotechnically. Filling is a legitimate tool, but it should be designed as part of an overall flood and stormwater strategy, not applied as a default fix.
Contrive Consultants are civil and stormwater engineers based in Bella Vista, working with builders and developers across Sydney’s growth areas. We review flood mapping, council flood information and site surveys before you exchange, and design the filling, floor levels and stormwater strategy that turn a flood-affected lot into an approvable project. Explore our civil and stormwater engineering services, or get in touch on +61 497 848 111 or info@contriveconsultants.com.au for a pre-purchase flood constraint review.
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