TBB Reacts: State Planning Policy 3.7 Bushfire

Author

Poppy Heeson
Senior Consultant

09 Dec 2024

In this TBB Reacts, we provide a summary of the changes to State Planning Policy 3.7 Bushfire and associated documents

Last month, the State Government released the revised State Planning Policy 3.7 Bushfire (revised SPP 3.7) and Planning for Bushfire Guidelines (Guidelines). Minor changes to the Model Subdivision Conditions Schedule (Model Conditions) have been made to reflect the policy changes. TBB Senior Consultant Poppy Heeson breaks down the key changes.

On 18 November 2024, the revised SPP3.7, the associated mapping and guidance became operational. The changes seek to resolve implementation issues within the previous policy framework and establish a measured response about where and how the policy applies. The new SPP3.7 aims to prioritise bushfire assessment earlier in the planning process and provide greater flexibility when it comes to demonstrating compliance with the requirements of the policy.

Several changes have been made, broadly:

1. Mapping of Bushfire Prone Areas – risk areas have now been split into two areas, differentiating urban areas with lower bushfire risk (‘Area 1’) from other areas in the State likely to have a greater level of risk in comparison (‘Area 2’).
2. Introduction of the “Broader Landscape Assessment” for Area 2 sites – which considers the landscape outside of the proposal when considering the suitability of a location for development.
3. Outcomes-based approach – a more flexible approach in mitigating and/or managing bushfire risk and providing for public safety in bushfire prone areas.
4. Inclusion of consideration of different Tourism land uses; and
5. Updates to the Model Subdivision Conditions Schedule to reflect the policy changes.

These changes are discussed further below.

Snapshot of the changes

1. Designation of Bushfire Prone Areas

Previous situation:

• Previous mapping identified if your site was within a bushfire prone area, or not.

What’s changed:

• The new bushfire prone area mapping is now split into two designations. Area 1 (Urban) comprises built up areas of Perth, Peel and Bunbury region. These areas are considered to have a lower bushfire risk due to their urban location, and therefore less requirements under the policy. Area 2 applies to the rest of the state. These areas are considered to have a greater level of bushfire risk, and therefore a bushfire assessment and likely risk mitigation measures are required.
• Over 4,500 properties within existing urban areas will no longer be classified as bushfire prone under the new mapping and will not be subject to the policy requirements.

2. Introduction of the Broader Landscape Assessment

Previous situation:

• Prior to the revised SPP3.7, compiling with Element 1: Location within the Planning for Bushfire Guidelines – Bushfire Protection Criteria required your planning proposal to be in an area that is or will be, on completion, be subject to either a moderate or low bushfire hazard level (BAL29 or below), and the bushfire risk can be managed.
• For ‘unavoidable development’ (development that represents exceptional circumstances where full compliance with the policy would be unreasonable and no alternative location exists) in areas where there is a higher bushfire risk level (BAL-40 or BAL-FZ), a proponent must demonstrate the risk can be managed to the satisfaction of the Department of Fire and Emergency Services and ultimately, the decision-maker.

What’s changed:

• This is an additional assessment that has been added to the policy and will be required for all strategic planning proposals, subdivision, and development applications within Area 2 only.
• This assessment examines the area surrounding the planning proposal (approx. 2km) to consider impacts of bushfire within the broader landscape. The assessment of the broader landscape includes the extent of vegetation, the broader road network, proximity to urban areas and suitable destinations for evacuation.
• This new assessment provides a means of considering the suitability of the location for intensification of land use and development, when determining whether a proposal meets the requirements of Element 1: Location.
• This assessment is not required for tourism land uses, recognising that many are remote, and nature based.

3. Outcomes Based Approach

Previous situation:

• Prior to the revised SPP3.7, there was limited ability for a proposal in a bushfire risk area to be supported by a decision-maker unless it could be demonstrated that the proposal met all the ‘Acceptable Solutions’ for each element (Element 1: Location, Element 2: Siting and Design, Element 3: Vehicular Access, and Element 4: Water).

What’s changed:

• The policy has been made more flexible through the incorporation of an outcomes-based approach. If a proposal is unable to provide the ‘Acceptable Solutions' outlined in the policy, an applicant can work with a bushfire expert to identify and propose alternative solutions that meet the requirements of policy.
• The outcomes-based approach is not encouraged over the Acceptable Solutions but utilised where sites are unable to comply with the Acceptable Solutions due to their complex site characteristics and/or environmental values. there may be circumstances that innovative approaches are required to address the requirements of SPP3.7.
• Older properties that are located within high-risk bushfire prone areas (BAL- 40 AND BAL- FZ) areas would have struggled to build new development on their land under the previous policy requirements. Under the new provisions it may make it possible for these sites to be developed.
• The existing 100-person threshold for on-site shelter as an Acceptable Solution has been retained. Shelters for more than 100 persons will be assessed through this outcomes-based pathway.

4. Other Changes Relating to Tourism Land Uses

Previous situation:

• Previous SPP3.7 did not vary bushfire assessment criteria for different tourism land uses.

What’s changed:

• There are new criteria that applies to tourism day uses such as wineries. The requirements recognise that businesses typically close on days with an extreme or catastrophic bushfire risk.
• Bushfire requirements do not apply when a proponent is changing the use of a residential property to short-term rental accommodation which includes ‘hosted rental accommodation’ or ‘un-hosted short term rental accommodation’.

5. Changes to the Model Subdivisions Schedule.

The Model Subdivision Conditions Schedule is used by the WAPC when preparing applying conditions to subdivision approvals, to provide for a standardised approach.  The conditions regarding bushfire and emergency infrastructure have been modified to reflect the changes to SPP3.7 and associated mapping and guidelines.

If you have submitted an application prior to the 18 November 2024 that included a Bushfire Management Plan (BMP) prepared under the 2015 policy framework, requiring a revised BMP is not necessary. It is the decision makers responsibility to determine if assessment requirements have changed and if additional information is necessary. Proponents are recommended to contact their decision maker to confirm if the changes in policy will affect/apply to their proposal.

Our Thoughts...

• The new approach for mapping of bushfire prone areas has allowed urban sites within bushfire risk areas greater flexibility. Planning proposals and development in urban areas now have less requirements and need for justification.
• Innovation is encouraged! The outcomes-based approach pathway is now possible. Land that once might have been unable to develop due to inability to meet the Acceptable Outcomes can now propose an alternative, innovative solution to mitigating bushfire risk. If this pathway is being pursued, it will be critical for a bushfire consultant to be engaged early in the process and undertake proper assessment and reporting. Testing solutions with the relevant stakeholders, such as the Department of Fire and Emergency Services, the Department of Planning, Lands and Heritage and the local government prior to the lodgement of a subdivision and/or development application is recommended.
• .. TBB is aware of the challenges of achieving bushfire compliance on many coastal developments, including in the south-west region where townsites are often constrained by one access road in/out. The revisions to SPP 3.7 are favourable to development in this context. Through the outcomes-based approach, new innovative ways to address the design elements are possible.

If you would like to discuss the implications for any of your projects or find out more information, please get in touch with your usual TBB contact.

View more as provided by DPLH here

Planning proposals and development in urban areas now have less requirements and need for justification.