FAQs

Council is updating these controls to make the design standards for stormwater and flooding clearer and easier to follow.

The changes help ensure new developments manage stormwater runoff effectively, especially during heavy rain, so the existing drainage network is not overloaded. They also set clear requirements for properties affected by flooding to reduce risks to people and minimise damage to homes and neighbouring properties.

This helps reduce strain on the local drainage network during heavy rain and lowers the risk of flooding or property damage.

The updates also set clear rules for flood-affected properties to help protect people, homes and neighbours from flood impacts.

A review of the DCP provisions has identified a need to reflect recent legislative updates, technological advancements, and changes in environmental conditions.

The changes reflect the new employment and supporting zones into the Standard Instrument (Local Environmental Plans) Order 2006 in December 2021. 

The draft changes were reported to Council in July 2022 (PLN020-22) and the changes to the land use zones commenced on 26 April 2023.  These changes made by the state government support economic growth by simplifying the zoning framework. 

Planning controls are the rules that guide how land can be used and developed. They help ensure new buildings, subdivisions, and land uses fit with the character of local areas, protect the environment, and support good urban design.

In Sutherland Shire, planning controls are set out in the Local Environmental Plans (LEP) and the Development Control Plans (DCP)

• The LEP establishes zoning, building heights, land uses, and environmental protections.

• The DCP provides more detailed design and development guidelines, such as landscaping, parking, setbacks, and stormwater requirements.

Any change to the LEP must go through a formal process known as a Planning Proposal, which involves technical assessment, public exhibition, and approval by the NSW Government.

You can learn more about Council’s planning framework here.

New developments must ensure that excess stormwater is drained safely so it does not affect neighbouring properties or place extra pressure on Council’s drainage system.

The amendments clarify that where land slopes away from the street and stormwater cannot drain by gravity, a drainage easement through downstream properties will be required.

Infiltration systems and rainwater tanks can still be used to help manage stormwater, but they are not sufficient on their own because much of Sutherland Shire’s soil does not absorb water well. 

Pumping or siphoning stormwater uphill to the street is not acceptable, as it diverts the issue away from its natural flow path, worsening issues elsewhere.

1. An easement is a legal agreement that allows something, such as a stormwater pipe, to cross another person’s property.

They are used when infrastructure like drainage or driveway access need to run through private land to connect to the wider network.

You generally cannot build permanent structures over an easement without written approval, as access may be needed for maintenance or repair.

An easement is often the best and most reliable way to manage stormwater for both you and your neighbours. It helps prevent flooding, drainage problems, and damage to surrounding properties.

On site disposal methods such as absorption pits or level spreaders (infiltration systems) can help manage stormwater in some situations, but they also have limitations as problems can occur when:

• the soil does not absorb water well, which is common in clay or rocky areas
• groundwater levels are already high, leaving little capacity for extra water
• the land is steep, causing fast runoff and erosion

Because of these factors, infiltration systems will only be accepted in limited cases and must be formally approved by Council.

The updated and adopted Stormwater Specification clarifies the strict process for obtaining easements over downstream properties, so the process is clearer for property owners and developers.

Where an easement is required but cannot be obtained, a Complying Development Certificate (CDC) approval is not possible. Alternate stormwaters designs will be considered on merit by Council only. 

Development in areas affected by flooding is managed to reduce the impact of flooding on both the property and neighbouring properties. Different controls apply depending on the type of development, the nature of flooding, and the level of risk.

The main objectives of minimising risk to life and property remain unchanged in the DCP amendments.

New Flood Studies aim to better understand flood behaviour and plan for future challenges. These studies now include updated rainfall intensity and sea level rise data to improve local flood planning and resilience.

It is now recognised that freeboard allowances—a safety margin added to flood levels to account for variations in flood events—can vary between Flood Study areas. Nuisance overland flows less than 100 mm deep are now excluded from flood controls.

The amendments also include clearer requirements for flood-compatible fencing, higher crests for basement driveways, and construction materials suited to flood conditions.

Many existing controls relating to floor levels, building components, structural soundness, flood effects, car parking, evacuation, and design have been clarified to make them easier to apply, but their intent remains unchanged.

Overall, the amendments aim to make flood-related controls clearer, more consistent, and better aligned with the NSW 2023 Flood Risk Management Manual.

Minor additions (known as concessional development)—usually less than 20 m² or 30 m² depending on the site—may be approved without needing to meet the full floor-level requirement. Council will assess each case on merit.

There are three main types of flooding in Sutherland Shire:

• Overland flooding: stormwater runoff flows overland towards a waterway.
• Mainstream flooding: rising water levels in creeks and rivers overtop banks and inundate surrounding land.
• Coastal flooding: inundation of low-lying coastal areas caused by a combination of high tides, storm surge and waves.

Council manages flooding risk across the area by studying how floods behave and planning for future conditions. 

Council follows the NSW Government’s Flood Prone Land Policy as described in the 2023 Flood Risk Management Manual, to manage flood risk.

Our flood risk management program has been in operation for many years. Studies are conducted to determine the extent of flooding and management actions are then assessed, recommended and implemented.

You can learn more about flooding in your area and how Council manages flood risk through our flood information webpage. 

Council is also working on the Overland Flow Flood Study to better understand and manage the risks from local flooding. More information on this project can be found here.