Flood control lots
13 Flood control lots
This section applies—
to all development that is to be carried out on a flood control lot, and
in addition to all other development standards specified for complying development under Chapter 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 flood storage area,
a floodway,
a flow path,
a high hazard area,
a high risk area.
The development must, to the extent it is within a flood planning area—
have a minimum floor level no lower than the floor levels set by the council for that lot, and
have the part of the development at or below the flood planning level constructed of flood compatible material, and
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
not increase flood affectation elsewhere in the floodplain, and
have reliable access for pedestrians and vehicles from the development, at a minimum level equal to the lowest floor level of the development, to a safe refuge, and
have open car parking spaces or carports that are no lower than the 20-year flood level, and
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.
A standard specified in subsection (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—
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
will not increase flood affectation elsewhere in the floodplain.
If a word or expression used in this section is defined in the Flood Risk Management Manual, the word or expression has the same meaning as it has in that Manual unless it is otherwise defined in this section.
In this section—
flood compatible material means building materials and surface finishes capable of withstanding prolonged immersion in water.
flood control lot means a lot located within or partly within an area identified in a local environmental plan as a flood planning area.
flow path means a flow path identified in the council’s flood study or floodplain risk management study carried out in accordance with the Flood Risk Management 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 Flood Risk Management 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 Flood Risk Management Manual.
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