Bushfire Prone Land

A Development Application is not required as long as the development meets the development standards of exemption provided under State Environmental Planning Policy 2008. The policy will contain provisions relating to bush fire prone land, if applicable. Standards may include use of non-combustible materials or hardwood.

No additional information is required to be submitted to Council.

Complying development is not allowed on high-risk bush fire prone land, such as BAL-FZ or BAL-40. Complying Development on land with a Bush Fire Attack Level of BAL-29, BAL-19, BAL-12.5 or BAL-LOW will require a Bush Fire Attack Level (BAL) Certificate issued by Council or an accredited Bush Fire Consultant.

The Certificate will state the Bush Fire Attack Level that applies to the proposed development and must be included with your Complying Development application documentation.

Applications for a new dwelling or alterations and additions to a property with an existing dwelling on bush fire prone land must include:

• A report from an Accredited Bush Fire Consultant; or
• A self-assessment using the NSW Rural Fire Service Single Dwelling Application Kit; or
• A Bush Fire Attack Level (BAL) Certificate from Council or an Accredited Bushfire Consultant.

Integrated Development, including subdivision of bush fire prone land and development that is a Special Fire Protection Purpose (SFPP) must be accompanied by a report from an Accredited Bush Fire Consultant and will be referred to the NSW RFS. Payment of additional fees is required for integrated developments.

The NSW Rural Fire Service recognises consultants within the following accreditation scheme:

Fire Protection Association Australia - Bush Fire Planning and Design

The Fire Protection Association of Australia offers a provider of choice tool.

The following development applications will be referred to the NSW Rural Fire Service for consideration as part of the assessment process:

• Land that is Bush Fire Attack Levels BAL-40 and BAL-FZ (Flame Zone);

• Applications that do not meet specific performance criteria in Planning for Bush Fire Protection 2019 and rely on variations to acceptable solutions;

• Integrated Development

The NSW Rural Fire Service document titled Planning for Bush Fire Protection (PBP) 2019 provides the framework for development located on bushfire prone land in NSW. 

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.