New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 9.2

9.2 Complying development on flood control lots

(1) Development specified for this code may be carried out on a flood control lot, other than the part of a flood control lot comprising one 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) Before the issue of a complying development certificate for the development, the council or a professional engineer who specialises in hydraulic engineering must certify that the part of the flood control lot on which the development will be carried out is not an area referred to in subclause (1)(a)-(e).

(3) If development specified for this code is carried out on a flood control lot, the following standards apply--

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

(b) if there is a minimum floor level specified in a development control plan that applies to the landholding, the floor level of each habitable room must be no lower than the minimum floor level,

(c) a part of the building or manufactured home erected at or below the flood planning level must be constructed using flood compatible material,

(d) the building or manufactured home must be able to withstand the forces exerted during a flood by water, debris and buoyancy up to--

(i) if an on-site refuge is located on the lot--the probable maximum flood level, or

(ii) otherwise--the flood planning level,

(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 building or manufactured home,

(f) vehicular access to the building or manufactured home will not be inundated by water at a level of more than 30cm during a 1:100 average recurrent interval flood event,

(g) open car parking spaces and carports must not be lower than the level of a 1:20 average recurrent interval flood event.

(4) The standards specified in subclause (3)(a) and (d) are satisfied if a joint report by a professional engineer who specialises in hydraulic engineering and a professional engineer who specialises in civil engineering states that the standards are satisfied.

(5) A word or expression used in this clause has the same meaning as in the Flood Risk Management Manual , unless otherwise defined in this Policy.