Development regulations

In January 2020, the NSW Bushfire Inquiry recommended moving to a risk-based strategic planning approach when planning for bushfires.

To address this recommendation, the department, in partnership with the NSW Rural Fire Service (RFS) and NSW Reconstruction Authority, has developed a draft NSW Bush Fire Policy for Land Use Planning and supporting Bush Fire Prone Land Package.

The package is intended to improve the integration of bush fire into strategic land use planning, respond to climate change, decrease the cost of recovery and rebuilding, and ensure our communities are resilient to bush fires through changes in the NSW Planning system.

The package was on exhibition for public feedback from 3–30 July 2024, after extensive consultation with stakeholders. The package included:

• Draft Bush Fire Policy for Land Use Planning (the Policy)
• Draft (updated) local planning direction 4.3, Planning for Bushfire Protection (the Direction)
• Draft (updated) bush fire planning system circular (the Circular)
• Frequently Asked Questions on Draft Bush Fire Prone Land Package

The NSW Rural Fires Service document titled Planning for Bush Fire Protection (PBP) provides the framework for development located on bushfire prone land in NSW. From 1 March 2020, PBP 2019 has replaced PBP 2006.

All development on bushfire prone land must meet the requirements of PBP 2019, unless the consent authority has consulted with the NSW Rural Fire Service. A bushfire safety authority, under section 100B of the Rural Fires Act 1997, must be obtained from the NSW Rural Fire Service for subdivision and special fire protection developments on bushfire prone land.

Councils must consult the NSW Rural Fire Service when preparing draft local environmental plans for land identified as being bushfire prone.

Development applications lodged but not determined before 1 March 2020 will continue to be assessed against the provisions of PBP 2006.

Development controls apply to new urban release areas in the 40 NSW local government areas listed at Local government areas where the bushfire regulations may apply (PDF, 210 KB). These controls do not apply to developments in bushfire prone areas that were in existence prior to 2014. The changes are detailed in Changes to the assessment of development on bushfire prone land and bushfire prone land mapping in urban release areas (PDF, 445 KB).

Certain bushfire hazard reduction work within mapped coastal wetlands can be carried out under section 2.54(2) of the Transport and Infrastructure SEPP. The works must meet the requirements in the Standards for Bush Fire Hazard Reduction Works in SEPP 14 – Coastal Wetlands (the Standard) (PDF, 822 KB) to ensure that any bushfire hazard reduction will have minimal impact on the environment.

Coastal wetlands are identified and mapped under Chapter 2 of State Environmental Planning Policy (Resilience and Hazards) 2021 (RH SEPP). The SEPP establishes standards for when parties are undertaking critical bushfire hazard reduction works in coastal wetlands, noting councils, government agencies and landowners undertaking these works should refer to coastal wetland boundaries as shown on RH SEPP mapping. For the purpose of the Standard, ‘coastal wetlands’ does not include the area mapped as ‘Proximity Area for Coastal Wetlands’.

Detailed interactive maps can be accessed via the NSW Planning Portal Spatial Viewer.