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State Environmental Planning Policy (Housing) 2021
58Development standards for flood control lots
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#### 58 Development standards for flood control lots
58 Development standards for flood control lots
> > (1) 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—
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> > > (a) a flood storage area,
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> > > (b) a floodway,
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> > > (c) a flow path,
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> > > (d) a high hazard area,
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> > > (e) a high risk area.
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> > (2) Complying development carried out under this Division on a flood control lot must comply with the following development standards—
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> > > (a) 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,
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> > > (b) 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,
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> > > (c) 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—
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> > > > (i) the flood planning level, or
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> > > > (ii) if an on-site refuge is provided on the lot, the probable maximum flood level,
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> > > (d) the development must not result in increased flooding elsewhere in the floodplain,
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> > > (e) the lot must have pedestrian and vehicular access to a readily accessible refuge above the probable maximum flood level,
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> > > (f) 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,
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> > > (g) the lot must not have any open car parking spaces or carports lower than the level of a 1:20 ARI flood event.
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> > (3) 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.
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> > (4) Words used in this section have the same meanings as in the Flood Risk Management Manual.
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> **s 58:** Am 2023 (609), Sch 2.18\[1\] \[2\].