State Environmental Planning Policy (Housing) 2021

Complying development under this Division must not be carried out on the following parts of a flood control lot, as certified by the council or a professional engineer who specialises in hydraulic engineering—

a flood storage area,

a floodway,

a flow path,

a high hazard area,

a high risk area.

Complying development carried out under this Division on a flood control lot must comply with the following development standards—

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 a habitable room in the dwelling to have a floor level lower than the minimum floor level,

if a part of the principal dwelling or secondary dwelling or an ancillary structure is erected at or below the flood planning level, it must be constructed of flood compatible material,

the principal dwelling or secondary dwelling and ancillary structures, if any, must be 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,

the development must not result in increased flooding elsewhere in the floodplain,

the lot must have pedestrian and vehicular access to a readily accessible refuge above the probable maximum flood level,

vehicular access to the dwelling must not be inundated by water to a level of more than 0.3m during a 1:100 ARI flood event,

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

The requirements in subsection (2)(c) and (d) are satisfied if a flood and risk impact assessment prepared by a professional engineer specialising in hydraulic engineering or civil engineering states the requirements are satisfied.

Words used in this section have the same meanings as in the Flood Risk Management Manual.