New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 3.36C

3.36C Development standards for flood control lots

(1) This clause applies:

(a) to all development specified for this code that is to be carried out on a flood control lot, and

(b) in addition to all other development standards specified for this code.

(2) The development must not be on any part of a flood control lot unless that part of the lot has been certified, for the purposes of the issue of the relevant complying development certificate, by the council or a professional engineer who specialises in hydraulic engineering as not being any of the following:

(a) a flood storage area,

(b) a floodway area,

(c) a flow path,

(d) a high hazard area,

(e) a high risk area.

(3) The development must, to the extent it is within a flood planning area:

(a) have all habitable rooms no lower than the floor levels set by the council for that lot, and

(b) have the part of the development at or below the flood planning level constructed of flood compatible material, and

(c) be able to withstand the forces of floodwater, debris and buoyancy up to the flood planning level (or if on-site refuge is proposed, the probable maximum flood level), and

(d) not increase flood affectation elsewhere in the floodplain, and

(e) have reliable access for pedestrians and vehicles from the development, at a minimum level equal to the lowest habitable floor level of the development, to a safe refuge, and

(f) have open car parking spaces or carports that are no lower than the 20-year flood level, and

(g) have driveways between car parking spaces and the connecting public roadway that will not be inundated by a depth of water greater than 0.3m during a 1:100 ARI (average recurrent interval) flood event.

(4) A standard specified in subclause (3) (c) or (d) is satisfied if a joint report by a professional engineer who specialises in hydraulic engineering and a professional engineer who specialises in civil engineering confirms that the development:

(a) can withstand the forces of floodwater, debris and buoyancy up to the flood planning level (or if on-site refuge is proposed, the probable maximum flood level), or

(b) will not increase flood affectation elsewhere in the floodplain.

(5) If a word or expression used in this clause is defined in the Floodplain Development Manual, the word or expression has the same meaning as it has in that Manual unless it is otherwise defined in this clause.

(6) In this clause:
"flood compatible material" means building materials and surface finishes capable of withstanding prolonged immersion in water.
"Floodplain Development Manual" means the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government in April 2005.
"flow path" means a flow path identified in the council’s flood study or floodplain risk management study carried out in accordance with the Floodplain Development Manual.
"high hazard area" means a high hazard area identified in the council’s flood study or floodplain risk management study carried out in accordance with the Floodplain Development Manual.
"high risk area" means a high risk area identified in the council’s flood study or floodplain risk management study carried out in accordance with the Floodplain Development Manual.