TRANPLAN Sydney - Town Planning & Bushfire Prone Land

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Bush Fire Regulatory Planning Framework

The Environmental Planning and Assessment Act 1979, the Rural Fires Act 1997, Australian Standard 3959:2018 (Construction of Buildings in Bushfire-Prone Areas), Planning for Bush Fire Protection 2019 (PBP), and the National Construction Code (2022) together form the planning framework for regulating developments in “bush fire prone land” (BFPL).  During assessment of a development application (DA), a planning authority (e.g. a Council) must consider these statutory planning controls prior to DA approval of bushfire-affected developments. 

Planning for Bush Fire Protection 2019

Planning for Bush Fire Protection 2019 (PBP) specify development standards for designing and building on BFPL in NSW, including outlining core “bushfire protection measures” (BPMs), such as Asset Protection Zones (APZ).

Asset Protection Zones

An APZ is a buffer zone between a bush fire hazard and buildings. The APZ is managed to minimise fuel loads and reduce potential radiant heat levels, flame, localised smoke and ember attack. The appropriate APZ distance is based on vegetation type, slope and the nature of the development.

National Construction Code (2022)

The NCC (2022) contains bush fire protection requirements that operate in conjunction with the “bushfire protection measures” (BPMs) outlined in in PBP 2019 i.e. developments in bush fire prone areas must comply with both the requirements of PBP and the NCC 2022.

NCC 2022 – Key changes

NCC 2022 identifies additional bush fire provisions for the construction, separation and access requirements for certain Class 9 buildings accommodating vulnerable occupants on BFPL – include some “special fire protection purpose”(SFPP) developments under Section 100B(6) of the Rural Fires Act 1997 – such as Class 9a hospitals, Class 9b schools and child care centres and Class 9c residential care buildings (age care, seniors housing).

AS 3959:2018 is an Australian Standard designed to improve the resilience of buildings against bushfires to address the increasing threat of bushfires, and to ensure that buildings in designated bushfire-prone areas are constructed to withstand bushfire attacks. 

Bushfire Attack Levels 

Bushfire Attack Levels (BAL) are a key AS 3959 component, representing the severity of a building's potential exposure to bushfire hazards. BALs are determined based on factors such as the Fire Danger Index (FDI), the slope of the land, the type of surrounding vegetation, and the proximity of the vegetation to the building. 

The BAL assessment quantifies the risk of bushfire exposure in kilowatts per square meter (kW/m²) of radiant heat. These levels guide the construction requirements needed to protect buildings from ember attack, radiant heat, and direct flame contact. Six different BAL Categories are specified by AS 3959, each representing a different, escalating level of bushfire risk: 

• BAL-LOW: Insignificant risk, no specific construction requirements.
• BAL-12.5: Low risk, primarily from ember attack and radiant heat up to 12.5 kW/m².
• BAL-19: Moderate risk, with increasing ember attack and radiant heat between 12.5 and 19 kW/m².
• BAL-29: High risk, with significant ember attack and radiant heat between 19 and 29 kW/m².
• BAL-40: Very high risk, with exposure to radiant heat between 29 and 40 kW/m² and potential flame contact.
• BAL-FZ (Flame Zone): Extreme risk, with direct exposure to flames and radiant heat exceeding 40 kW/m².

Construction Standards

For developments in bushfire prone land AS 3959 outlines specific construction standards e.g. bushfire-resisting timber, steel/aluminium structural frames, use of non-combustible materials, and specific design principles to enhance building resilience. The construction requirements vary based on the assessed BAL. For instance, buildings in BAL-29 zones must withstand radiant heat up to 29 kW/m² and increased ember attack whereas a BAL-FZ rating means the building must incorporate materials and designs that can endure direct flame contact. AS 3959 construction standards for buildings in various BAL categories include:

• BAL-12.5: Use of ember-proof screens, non-combustible materials for roofs, and bushfire-resisting timber for exposed elements.
• BAL-19: Enhanced protection for windows and doors, and additional ember protection measures.
• BAL-29: Increased use of non-combustible materials, protection for subfloor spaces, and specific design features to withstand higher radiant heat.
• BAL-40: Comprehensive ember protection, use of fire-resistant materials, and design elements to prevent flame contact.
• BAL-FZ: Highest level of protection, with materials and designs capable of withstanding direct flame exposure and extreme radiant heat.  

We provide a FREE initial consultation so that our experienced planning consultant can fully understand your bush fire issues. Contact TRANPLAN's Planning Consultant now for free initial advice.

Developers and property owners should note that changes to bushfire planning regulations in May 2014 have reduced the number of bushfire risk assessments required during development/ DA.

The changes remove the need for home-builders to do an assessment of bushfire risk when they lodge their development application (DA) to build, if the Rural Fire Service (RFS) had previously completed an upfront assessment e.g. at the Subdivision Stage of new Urban Release Areas (URA). 

NSW Planning Maps show where the bushfire planning regulations (Exempt Vegetation Clearing) apply within URAs from north (Tweed) to south (Albury), and anywhere in between including Greater Sydney and Sydney Growth Areas.

If the above brief summary about bushfire planning and building requirements is a bit too much information to process – and all the various acronyms such as RFS, NCC, BFPL, PBP, BPM, APZ, SFPP, BAL, URA are leaving you a bit light-headed and feeling like you need a cup of strong coffee (or five) – feel free to contact our specialist Town Planning consultant for expert guidance on your DA. 

Why not let our Town Planner do all the hard work for you, and research all the planning laws and cross-reference with bushfire legislation clauses.

We can assist with preparing all the relevant Bush Fire Reports (e.g. Bushfire Analysis Statement / Bushfire Protection Assessment Report / Bushfire Hazard Assessment Report / Bush Fire Assessment Report), provide DA project management and navigate the Council approval process on your behalf.