New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 3.5

3.5 Complying development on flood control lots

(1) Development under this code must not be carried out on any part of a flood control lot, other than a part of the lot that the council or a professional engineer who specialises in hydraulic engineering has certified, for the purposes of the issue of the relevant complying development certificate, as not being any of the following-

(a) a flood storage area,

(b) a floodway,

(c) a flow path,

(d) a high hazard area,

(e) a high risk area.

(2) If complying development under this code is carried out on any part of a flood control lot, the following development standards also apply in addition to any other development standards-

(a) if there is a minimum floor level adopted in a development control plan by the relevant council for the lot, the development must not cause any habitable room in the dwelling house to have a floor level lower than that floor level,

(b) any part of the dwelling house or any attached development or detached development that is erected at or below the flood planning level is constructed of flood compatible material,

(c) any part of the dwelling house and any attached development or detached development that is erected is able to withstand the forces exerted during a flood by water, debris and buoyancy up to the flood planning level (or if an on-site refuge is provided on the lot, the probable maximum flood level),

(d) the development must not result in increased flooding elsewhere in the floodplain,

(e) the lot must have pedestrian and vehicular access to a readily accessible refuge at a level equal to or higher than the lowest habitable floor level of the dwelling house,

(f) vehicular access to the dwelling house will not be inundated by water to a level of more than 0.3m during a 1:100 ARI (average recurrent interval) flood event,

(g) the lot must not have any open car parking spaces or carports lower than the level of a 1:20 ARI (average recurrent interval) flood event.

(3) The requirements under subclause (2)(c) and (d) are satisfied if a joint report by a professional engineer specialising in hydraulic engineering and a professional engineer specialising in civil engineering states that the requirements are satisfied.

(4) A word or expression used in this clause has the same meaning as it has in the Flood Risk Management Manual

Note : A section 10.7 certificate from a Council will state whether or not a lot is a flood control lot.