New South Wales Consolidated Regulations

HAWKESBURY LOCAL ENVIRONMENTAL PLAN 1989 - REG 25

25 Development of flood liable land

(1) In this clause:
"commencement day" means the day on which Hawkesbury Local Environmental Plan 1989 (Amendment No 86) commenced.
"flood compatible materials" means building materials and surface finishes capable of withstanding prolonged immersion in water.
"floodway" means the channel of a river or stream and those portions of the flood plain adjoining the channel which constitute the main flow path for floodwaters.

(2) A building shall not be erected on any land lying at a level lower that 3 metres below the 1-in-100 year flood level for the area in which the land is situated, except as provided by subclauses (4), (6) and (8).

(3) Each habitable room in a building situated on any land to which this plan applies shall have a floor level no lower than the 1-in-100 year flood level for the area in which the land is located.

(4) Notwithstanding subclauses (2), (3), (10) and (11), a building that was lawfully situated on any land at 30 June 1997 may, with the consent of the Council, be extended, altered, added to or replaced if the floor level of the building, after the building work has been carried out, if not more than 3 metres below the floor height standard for the land immediately before the commencement day.

(5) The Council shall, in the assessment of a development application, consider the flood liability of access to the land and, if the land is within a floodway, the effect of isolation of the land by flooding, notwithstanding whether other aspects of this clause have been satisfied.

(6) Minor structures such as outbuildings, sheds and garages may be erected on land below the 1-in-100 year flood level, with the consent of the Council. The Council shall, in the assessment of a development application for such a structure, consider the likely frequency of flooding, the potential flood damage and measures to be taken for the evacuation of the property.

(7) Any part of a building below the 1-in-100 year flood level is to be constructed of flood compatible materials.

(8) Notwithstanding subclauses (2) and (3), a dwelling or other building may, with the consent of the Council, be erected on an area of land which has a level not less than 3 metres below the floor height standard for the land immediately before the commencement day. However, the Council shall not grant consent for development pursuant to this subclause after 30 June 2002.

(9) In subclause (8) "area of land" means an area of land at natural surface level or an area of land that has been filled with the consent of the Council.

(10) Despite subclauses (2) and (3) but subject to subclause (4), a dwelling must not be erected on land lying below the 1-in-100 year flood level if the allotment of land on which it is to be erected was created by a subdivision approved under clause 11 on or after the commencement day.

(11) Despite subclauses (2) and (3) but subject to subclause (4), a dwelling must not be erected on land lying below the floor height standard for the land immediately before the commencement day if the allotment of land on which it is to be erected was created by a subdivision approved under clause 11 before the commencement day.