New South Wales Consolidated Regulations

SINGLETON LOCAL ENVIRONMENTAL PLAN 1996 - REG 31

31 What controls apply to the development of flood liable land?

(1) In assessing any application for consent to development of flood liable land, the Council shall consider:

(a) the effect of flooding on the proposed development, and

(b) the effect of the development on the pattern of flooding on nearby land, and

(c) whether any measures should be required to be taken to mitigate damage from flooding.

(2) A single storey building designed for use for residential purposes shall not be erected on land shown on the map marked “ Singleton Local Environmental Plan 1996 (‘Floor Heights Restriction Map’) ” where the finished floor level of any habitable room of the proposed building will be less than the minimum level shown on that map.

(3) A single storey building designed for use for residential purposes shall not be erected on land which, in the opinion of the Council, is liable to inundation by flood waters unless the finished floor level of the building is of a height sufficient to obviate floodwaters entering any habitable room of the proposed building and the foundations and structure of the building are such as will mitigate damage to the building by flood waters.

(4) A two storey building designed for use for residential purposes may be erected on land which, in the opinion of the Council, is liable to inundation by flood waters, provided:

(a) the floor area of the habitable rooms on the ground floor does not exceed 50% of the total floor area of all habitable rooms, and

(b) the habitable rooms on the ground floor are constructed of materials which are water resistant, and

(c) the finished floor level of the first floor has a level not lower than the standard flood level determined by the Council, and

(d) the finished floor level of the first floor is not more than 4.0 metres above natural ground level, and

(e) the land does not contain a flood-free building site on natural ground.

(5) Nothing in this clause shall be construed as restricting or prohibiting or enabling the Council to restrict or prohibit:

(a) the extension of an existing dwelling-house, by not more than 50% of its internal area, or

(b) additions to a dwelling-house, having an area of not greater than 50% of the internal area of the main dwelling, to form a dual occupancy,

where the existing dwelling is liable to flooding.