Frequently Asked Questions - Planning Schemes
What is Melbourne Water’s role in planning schemes?
Melbourne Water is a referal authority in the planning system under Section 55 of the Planning and Environment Act 1989 and receives applications for subdivisions and other developments from councils. This allows Melbourne Water to comment on applications and if necessary, place conditions on town planning permits. These ensure that the drainage system and the new developments are adequately designed to protect occupants and to ensure that the drainage system functions appropriately.
Who is responsible for stormwater drainage and flood management?
Melbourne Water is the drainage authority for the greater Melbourne area and the Flood Plain Management authority by delegation from the Minister responsible for the Water Act 1989. Consequently, Melbourne Water is responsible for the provision and maintenance of main drains and the management of stormwater overflows from its drainage system and inundation from rivers and creeks. Local Councils are responsible for the provision and maintenance of minor drains in their municipality and the management of any stormwater overflows from their drainage system.
What are flooding overlays?
Melbourne Water in conjuntion with Local Councils prepares drainage survey and floodplain data to be included in the various Council Planning Schemes. Drainage survey information and floodplain data is shown as overlays on maps in the Scheme, called the Special Building Overlay, Land Subject to Inundation Overlay or Floodway Overlay. Inclusion of the drainage survey and floodplain data into the Planning Schemes is done by adding Special Building Overlay, Land Subject to Inundation Overlay or Floodway Overlay maps to the relevant Council Scheme through a Planning Scheme Amendment.
Inclusion of the Special Building Overlay, Land Subject to Inundation Overlay or Floodway Overlay will ensure that drainage issues are addressed at the outset of the development process and that proposals are designed accordingly.
What is an overlay?
An overlay is a map in a planning scheme that shows the location and extent of a particular development control, such as heritage precincts or drainage considerations.
What is a Special Building Overlay?
This overlay shows the extent of the overland flow paths associated with the drainage system. An overland flow path is the natural path that water follows when runoff from heavy rainfall exceeds the capacity of an underground drain under Melbourne Water’s responsibility.
What is a Land Subject to Inundation Overlay?
This overlay applies to land affected by flooding associated with waterways and open drainage systems. Such areas are commonly known as floodplains.
What is a Floodway Overlay?
This overlay applies to land which is identified as carrying active flood flows associated with waterways and open drainage systems. This overlay is categorised by depths in excess of one metre.
Why don't the drainage authorities upgrade the drainage system to meet the needs of new development?
For established urban areas, it would cost the community billions of dollars to mitigate the effects of overland flows, and can only be undertaken incrementally over a period of many years. As part of its capital works program, Melbourne Water allocates funds to drainage improvement works. These works are identified through the drainage survey program and prioritised according to frequency and severity of flooding and maximum community benefit.
How can my property be considered subject to flooding when it has never flooded?
It cannot be assumed that flooding has not previously or will not occur at any given property simply because there are no recollections of flooding at that property. The overlays are based upon the extent of flooding that would result from a 1 in 100 year storm. The 1 in 100 year storm relates to a storm event of such intensity that, based upon historical rainfall data, has a probability of occuring once in every one hundred years, or a 1% chance of occuring in any given year.
If my property is only partially affected, would I need a permit for buildings or works outside the area covered by the overlay?
The requirements of the overlay only apply to buildings and works proposed within the area covered by the overlay and where it is necessary for Council and Melbourne Water to manage development to minimise the effects of overland flows and flooding on new buildings and ensure new development does not adversely affect other existing properties.
If the proposed amendment affects my property, can I comment?
Yes, you will be able to comment while the amendment is on exhibition. The amendment documentation and associated maps can be viewed at the relevant Council office and website. Comments on the amendment must be lodged in writing. The amendment documentation will also be available on Melbourne Water’s website.
Further information
If you would like further information on any other aspect of Melbourne Water’s role in managing our water resources, please contact Melbourne Water on 131 722.
For further information on the Planning Scheme Amendment process, please contact your local council offices.
Downloads
- Frequently Asked Questions - Planning Schemes (PDF, 107kb)
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