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Development Control Plan No.

106
(Amendment No.1)

Development on Flood Prone Land

Adopted by Council: 19 April 2011


Effective from:11 May 2011

File: 24778-E
Shoalhaven City Council
PO Box 42
NOWRA NSW 2541
telephone (02) 4429 3111
facsimile (02) 4422 1816
e-mail planning@shoalhaven.nsw.gov.au
internet www.shoalhaven.nsw.gov.au

Disclaimer
Every effort has been made to provide accurate and complete information. However,
Shoalhaven City Council assumes no responsibility for any direct, indirect, incidental, or
consequential damages arising from the use of information in this document.

Copyright Notice
No part of this publication may be reproduced in any form, or stored in a database or retrieval
system, or transmitted or distributed in any form by any means, electronic, mechanical
photocopying, recording, or otherwise without written permission from Shoalhaven City Council.
All rights reserved.

Copyright © 2010, Shoalhaven City Council

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 2
Table of Contents

CHAPTER 1: GENERAL INFORMATION 5


1. INTRODUCTION 5
1.1 Citation........................................................................................................................................... 5
1.2 Where this DCP applies .................................................................................................................. 5
1.3 Why this DCP is necessary .............................................................................................................. 5
1.4 How this DCP relates to other Legislation and Regulations ........................................................... 5
1.5 Considerations when preparing a development application ......................................................... 6
1.5.1 Is a development application required? ......................................................................................... 6
1.5.2 My proposal is small scale – do I still need consent? ..................................................................... 6
1.5.3 How can I get advice on my development application?................................................................. 6
1.5.4 What notification & consultation is necessary? ............................................................................. 6
1.6 What type of Flood Information is available? ................................................................................ 7
1.7 What sections of the document apply to my application?............................................................. 7
1.7.1 Flood Prone Land where a Floodplain Risk Management Plan has not been adopted .................. 7
1.7.2 Land where a Floodplain Risk Management Plan has been adopted ............................................ 7
2. HOW THIS DCP WORKS 8
2.1 Performance Based DCP................................................................................................................. 8
2.2 How to address the requirements of this DCP ............................................................................... 9

CHAPTER 2 – MANAGEMENT OF DEVELOPMENT ON FLOODPRONE LAND 11


3. FLOOD PRONE LAND: THE POLICY CONTEXT 11
3.1 Flood Prone Land Policy (1984) .................................................................................................... 11
3.2 The NSW Floodplain Development Manual (2005) ...................................................................... 11
3.3 Development Control Plan No. 106 – Development on Flood Prone Land ................................... 13
4. FLOOD PLANNING CONCEPTS 14
4.1 Flood Planning Area ..................................................................................................................... 14
4.2 Flood Planning Levels and Freeboard .......................................................................................... 15
4.3 Climate Change ............................................................................................................................ 16
5. PERFORMANCE CRITERIA FOR DEVELOPMENT ON FLOODPRONE LAND 18
5.1 Generic Performance Criteria ....................................................................................................... 18
5.2 Additional Performance Criteria for Fill or Excavation on the Floodplain .................................... 20
5.3 Additional Performance Criteria for Subdivision in the Floodplain .............................................. 21
6. FLOOD DCP COMPLIANCE REPORT 22
6.1 Existing Flood Information on the site (prior to the proposed development) .............................. 22
6.2 Compliance Assessment ............................................................................................................... 23
6.3 Development Plans ...................................................................................................................... 23
6.4 Survey Details ............................................................................................................................... 23
6.5 Fill or Excavation Details .............................................................................................................. 23
6.6 Additional survey information ..................................................................................................... 24
6.7 Hydraulic Impact Assessment Report........................................................................................... 24
6.8 Structural Engineering Certificate ................................................................................................ 24
6.9 Geotechnical Engineering Certificate ........................................................................................... 25
6.10 Flood Evacuation Plan .................................................................................................................. 25
6.11 Community Consultation Details.................................................................................................. 25
6.12 Flood DCP Compliance Report Checklist....................................................................................... 26

SCHEDULE 1 – GLOSSARY 27

SCHEDULE 2 – LAND USE CATEGORIES 30

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 3
SCHEDULE 3 – FLOOD INFORMATION ENQUIRIES AND FLOOD CERTIFICATES 33

SCHEDULE 4 – TECHNICAL REPORTING REQUIREMENTS 36


A. Flood Assessment Report 36
B. Hydraulic Impact Assessment Report 37
C. Structural Conditions for Developments Affected by Flood 40

SCHEDULE 5 – FLOOD PROOFING GUIDELINES 41

SCHEDULE 6 – FLOOD RELATED DEVELOPMENT CONTROLS - SITE SPECIFIC AS


PER THE ADOPTED FLOODPLAIN RISK MANAGEMENT PLAN 46
A. Terara Village Floodplain Risk Management Plan: 47
B. Riverview Road Area Floodplain Risk Management Plan: 48
C. St Georges Basin Floodplain Risk Management Plan: 50
D. Lower Shoalhaven River Floodplain Risk Management Plan: 52

SCHEDULE 7 – FLOOD RELATED DEVELOPMENT CONTROLS - GENERIC 54

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 4
CHAPTER 1: GENERAL INFORMATION
1. INTRODUCTION
This Development Control Plan (DCP) provides information and development controls
needed to prepare and assess development applications on flood prone land.

1.1 Citation
This DCP may be cited as Shoalhaven Development Control Plan No. 106 – Development
on Flood Prone Land

1.2 Where this DCP applies


This DCP applies to all development on flood prone land, within the Shoalhaven City
Council area.
Proposed development on land outside the Flood Planning Area (see figure 2) may still be
located on land which is classified as flood prone land if it is below the probable maximum
flood (PMF) level.
In cases where a site is classified as partially flood affected, it is strongly recommended to
only consider development on the flood free portion of the allotment.

1.3 Why this DCP is necessary


The NSW Flood Prone Land Policy provides a framework for Council to manage flood
prone land (refer Chapter 2). Council is required under Section 79C of the Environmental
Planning Assessment Act 1979 (EP & A Act), and in various environmental planning
instruments such as Shoalhaven Local Environmental Plan 1985 (SLEP 1985), to ensure
that due regard is given to the effect of natural hazards upon development. This DCP
provides the guidelines relating to development on flood prone land to assist the Council in
fulfilling this requirement.

1.4 How this DCP relates to other Legislation and Regulations


This DCP should be read in conjunction with the relevant provisions of the:
a) Environmental Planning and Assessment Act 1979;
b) Environmental Planning and Assessment Regulation 2000;
c) NSW Floodplain Development Manual 2005 and other associated guidelines;
d) NSW Coastal Planning Guideline: Adapting to Sea Level Rise 2010;
e) NSW Sea Level Rise Policy Statement 2009;
f) NSW Flood Prone Land Policy 1984;
g) Shoalhaven Local Environmental Plan 1985 (LEP 1985);
h) Relevant other Development Control Plans and Engineering Guidelines adopted by the
Council;
i) Floodplain Risk Management Plans adopted by the Council.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 5
1.5 Considerations when preparing a development application
In preparing a development application, you will need to make investigations in order to
ensure your application meets Council’s requirements for development on flood prone
land. These considerations are:

1.5.1 Is a development application required?


Consent to carry out any development is required unless categorised as permissible
without consent or exempt development under the applicable environmental planning
instrument. Most development requires consent when proposed on flood prone land.
Prior to the preparation of associated documentation, a check should be made as to
whether a development application is required for proposed development. It is the duty
of the applicant to ascertain from the Council whether consent for any proposed
development is required. You can confirm this by contacting Council's Development
and Environmental Services Group on (02) 4429 3111.

1.5.2 My proposal is small scale – do I still need consent?


Some small scale development such as some fences or drainage works and the like
may not require development consent, however, on flood prone land careful
consideration is needed to ensure that such development does not have a significant
impact in relation to flooding. Please check with Council whether you need consent or
meet specific conditions to minimise flood impact.

1.5.3 How can I get advice on my development application?


Before preparing an application, applicants should seek advice from Council, and in
particular the Area Planner. For large scale projects, it may be beneficial to arrange a
meeting with Council's Development Advisory Unit. The Unit is made up of senior
officers of the Council who provide a "one stop" venue for the gathering of information
by prospective applicants and give advice on issues to be addressed in the application
and how particular problems may be resolved. Further advice can be obtained by
contacting Council's Development and Environmental Services Group on (02) 4429
3111.

1.5.4 What notification & consultation is necessary?


Applicants are urged to consult with adjoining landowners likely to be affected by their
proposal, during the preparation of a development application. Such consultation may
allow the concerns of the affected parties to be taken into account in the design
process and may therefore minimise any delays in the processing of the application.

All applications for development on flood prone land will be notified in accordance with
Council's Community Consultation Policy for Subdivision & Development Applications.

Submissions received from residents will be considered by Council and applicants may
be contacted to enable issues to be addressed.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 6
1.6 What type of Flood Information is available?
The controls that apply to development on flood prone land will depend on the hydraulic
and hazard categorisations for a site, which can only be determined if flood information is
available. Due to the large number of water bodies within the Shoalhaven, the information
that is available for different catchments varies significantly and could range from historical
information to very detailed flood modelling data formulated as part of the Floodplain Risk
Management process.

It is therefore necessary to determine what existing information is available in regard to the


behaviour of floodwaters for your site. You can determine the type of information available,
including whether or not a Floodplain Risk Management Plan has been adopted for your
area, by checking the most up to date flood maps on Council’s website at
www.shoalhaven.nsw.gov.au

For areas where sufficient flood information is available, you will be able to obtain a site
specific Flood Certificate from Council (please refer to Schedule 3 for information on how
to do this).

There are a number of catchments within the Shoalhaven that have not been the subject
of a detailed flood study and will not be studied in the near future. Any development
application proposing works within such an area must therefore be accompanied by a
Flood Assessment Report undertaken by a suitably qualified hydraulic engineer (please
refer to Schedule 4).

1.7 What sections of the document apply to my application?


Depending on the type of development proposed as well as the type of flood information
that is available for a particular site, the development application will be assessed against
different sections within the DCP:

1.7.1 Flood Prone Land where a Floodplain Risk Management Plan has not been
adopted
For areas where Council has not adopted a Floodplain Risk Management Plan, generic
development controls as contained in Chapter 2 and Schedule 7 will apply. These
controls will also apply if the property is within 40m of a watercourse or within 10m of a
major drainage system, overland flood path or drainage easement. Please check
www.shoalhaven.nsw.gov.au for up to date information on which areas currently do not
have a Floodplain Risk Management Plan.

1.7.2 Land where a Floodplain Risk Management Plan has been adopted
For areas where Council has adopted a Floodplain Risk Management Plan, site
specific controls will apply in addition to generic controls as mentioned above. These
specific controls are contained in Schedule 6. Please check
www.shoalhaven.nsw.gov.au for up to date information on which areas currently do
have an adopted Floodplain Risk Management Plan.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 7
Manufactured Home Estates, Caravan Parks, Camping Grounds and
Moveable Dwellings within flood prone areas can face additional risks during a
flood event and therefore require different management approaches than
residential development. Please refer to Shoalhaven City Councils Flood Risk
Management Policy (Manufactured Home Estates, Caravan Parks, Camping
Grounds and Moveable Dwellings) for specific development controls for new parks
and development within existing parks.

2. HOW THIS DCP WORKS


2.1 Performance Based DCP
The DCP contains controls for development in the floodplain which are based on
objectives, performance criteria, and acceptable solutions.

An objective states the outcome that the Council wishes to achieve from the control. The
objective may be achieved by meeting the performance criteria.

Performance criteria are a means of assessing whether the desired outcomes will be
achieved.

The development application must comply with the objectives and performance criteria of
this DCP. These will be the overriding consideration when assessing a proposed
development.

Acceptable solutions are provided as a means or method of meeting the performance


criteria and do not exclude other solutions which address the performance criteria and
achieve the objective. Development that does not conform to the acceptable solutions will
be assessed on its merits, however, it is the responsibility of the applicant in such
circumstances to demonstrate to Council that the proposal satisfies the objectives and
performance criteria of this DCP without unreasonably impacting on surrounding areas.

Compliance with the requirements of this DCP alone does not necessarily imply that
Council will consent to an application. Council must also take into consideration all
relevant matters as listed under other legislation.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 8
2.2 How to address the requirements of this DCP
To determine the flood-based development controls that are relevant to a proposed
development and to prepare your submission to Council, the following steps should be
taken:

Step 1:
Read the background information in Section 3 - Flood Prone Land: The Policy Context and
Section 4 - Flood Planning Concepts.

Step 2:
Determine what flood information is available for your site and whether or not Council has
adopted a Floodplain Risk Management Plan for the area via
http://shoalhaven.nsw.gov.au/
If flood information is available, obtain a Flood Certificate. If no flood information is
available from Council, you may be required to engage a suitably qualified engineer
recognised under the National Professional
Engineers Register (NPER) to undertake a Flood Assessment. Refer to Schedule 4 for
more information on what is required for such an assessment.

Step 3:
Determine the land use category that best fits the proposed development, keeping in mind
that your development may relate to more than one land use category for example retail
outlet plus ancillary car park (refer to Schedule 2 for assistance).
If a proposed type of development does not fit within one of the categories, the
development will be assessed on a merit basis, however you will be required to provide
additional supporting information as determined by Council. Confirm the chosen land use
category with Council.

Step 4:
From your Flood Certificate or Flood Assessment Report determine which part of the
floodplain the site is located on. In this regard, the categories are:
i. Within the Flood Planning Area (refer to Figure 2):
a) High Hazard Floodway
b) High Hazard Flood Storage
c) High Hazard Flood Fringe
d) Low Hazard Floodway
e) Low Hazard Flood Storage
f) Low Hazard Flood Fringe
ii. Outside the Flood Planning Area but within the Flood Prone Area, that is below the
PMF level (refer to Figure 2).
Step 5:
Review the appropriate development performance criteria in Section 5 and Schedule 7 and
determine which criteria are relevant to your proposal.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 9
Step 6:
If a Floodplain Risk Management Plan has been adopted for your area, review all
additional development controls in Schedule 6 and determine which of these additional
criteria are relevant to your proposal. If site specific controls contradict generic controls
determined in Step 5, the site specific controls will prevail.

Step 7:
Compile your Flood DCP Compliance Report for the proposed Development. Refer
Section 6.

Step 8:
Ensure that you have included all required documentation with your development
application. Refer to checklist in Section 6.

Step 9:
Submit all information to Council for assessment.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 10
CHAPTER 2 – MANAGEMENT OF DEVELOPMENT ON
FLOODPRONE LAND
3. FLOOD PRONE LAND: THE POLICY CONTEXT
This DCP is based on best practice principles as set out in the NSW Flood Prone Land
Policy and the NSW Floodplain Development Manual. The following provides a summary
of the contents of these documents and shows how this DCP sits within the overall policy
framework.

3.1 Flood Prone Land Policy (1984)


The primary objective of the NSW Flood Prone Land Policy is to reduce the impact of
flooding and flood liability on individual owners and occupiers of flood prone land, and to
reduce private and public losses resulting from floods.

At the same time, the policy recognises the benefits flowing from the limited use,
occupation and development of flood prone land.

The policy promotes the use of a merit approach which balances social, economic,
environmental and flood risk parameters to determine whether a particular development or
use of the floodplain is appropriate and sustainable.

In this way the policy avoids the unnecessary sterilisation of flood prone land. Equally it
ensures that flood prone land is not the subject of uncontrolled development inconsistent
with its exposure to flooding.

The policy requires that:

• Both mainstream and overland flooding be addressed in the preparation and


implementation, by councils, of strategically generated floodplain risk management
plans;

• The impact of flooding and flood liability on existing developed areas identified in
floodplain risk management plans be reduced by flood mitigation works and
measures, including on-going emergency management measures, the raising of
houses where appropriate and by development controls; and

• The potential for flood losses in all areas proposed for development or
redevelopment be contained by the application of ecologically sensitive planning
and development controls.
3.2 The NSW Floodplain Development Manual (2005)
The NSW Floodplain Development Manual (“the Manual”) 2005 is concerned with the
management of the consequences of flooding as they relate to the human occupation of
the floodplain for urban development and agricultural production. The Manual addresses
flood risk. The Manual requires that management decisions taken in respect of the human
occupation of the floodplain need to satisfy the social and economic needs of the
community, as well as being compatible with the maintenance or enhancement of the
natural ecosystems that the floodplain sustains.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 11
The Manual supports the NSW Flood Prone Land Policy in providing for the development
of sustainable strategies for managing human occupation and use of the floodplain
considering risk management principles. These are based upon a hierarchy of avoidance,
minimisation (using planning controls) and mitigation works.

The Manual states that the most effective means of achieving sound flood risk
management outcomes is to formulate and implement management plans through the
floodplain risk management process as shown in Figure 1 below. Due to the level of detail
required; technical studies and other complexities, the process generally takes several
years to be completed.

Floodplain Established by the


Risk Council, must include
Management community groups
and state agency
Committee
specialists

Data Flood Floodplain Floodplain Implementation


Collection Study Risk Risk of Plan
Management Management
Study Plan

Compilation of Defines the nature Determines Preferred options Flood, response and
existing data and and extent of the options in publicly exhibited property modification
collection of flood problem, in consideration of and subject to measures including
additional data. technical rather social, ecological revision in light of mitigation works,
Usually than map form. and economic responses. Formally planning controls,
undertaken by Usually factors relating to approved by the flood warnings, flood
consultants undertaken by flood risk. Usually Council after public readiness and
appointed by the consultants undertaken by exhibition and any response plans,
Council. appointed by the consultants necessary revisions environmental
Council. appointed by the due to public rehabilitation,
Council. comments. ongoing data
collection and
monitoring.

Figure 1: Floodplain Risk Management Process


Source: 2005 NSW Floodplain Development Manual

A management plan generally involves a mix of options as it is unusual for a single


management option to manage the full range of flood risk. Determining the optimum mix of
measures can require complex studies, exercise of professional judgement and extensive
community consultation. Typical options considered are:
a) Property modification measures such as development controls in new areas or
voluntary purchase and house raising in developed areas;
b) Response modification measures such as evacuation and associated operational
logistics; and
c) Flood modification measures such as levees or bypass channels.
As per the Flood Prone Land Policy, the Manual provides for the application of a “Merit
Approach” for decisions on the future use of the floodplain. This "Merit Approach" operates
at two levels:
Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 12
i. the strategic level; and
ii. the site specific level.
At the strategic level, the "Merit Approach" allows for consideration of social, economic,
ecological, cultural and flooding issues to determine strategies for the management of
continuing and future flood risk. Identified strategies are formulated into Floodplain Risk
Management Plans and associated Local Floodplain Risk Management Policy, and then
into Council Environmental Planning Instruments such as the Shoalhaven Local
Environmental Plan (SLEP).

At a site specific level, the "merit approach" involves consideration of the best way of
assessing development allowable under the Floodplain Risk Management Plans, the Local
Floodplain Risk Management Policy and Environmental Planning Instruments. These
considerations include site specific issues such as minimum floor levels, building location
within the site, access to the site, structural stability, and flood proofing etc, as appropriate.

3.3 Development Control Plan No. 106 – Development on Flood Prone Land
This DCP has been prepared to ensure that the objectives of the Flood Prone Lands
Policy and the NSW Floodplain Development Manual are met within the Shoalhaven area.
It is based on the overall principles of those documents and translates them to the
requirements of the local area. As such, the specific objectives of DCP No. 106 –
Development on Flood Prone Land are to:

• Reduce risk to life and property resulting from floods;


• Ensure that the impacts of the full range of flood sizes up to and including the PMF
are considered when assessing development on flood prone land;
• Ensure that the impact of climate change are considered when assessing
development on flood prone land;
• Ensure the future use of flood prone land does not cause undue distress to
individuals nor unduly increases potential flood liability to individuals or the
community; and
• Incorporate site specific floodplain management recommendations from local
Floodplain Risk Management Plans into Council’s overall Planning Framework.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 13
4. FLOOD PLANNING CONCEPTS
4.1 Flood Planning Area
The criteria within this DCP for determining Development Applications for
development on flood prone land are structured in recognition that different controls
are applicable to different land uses and levels of potential flood inundation and
hazard. The following hydraulic and hazard classifications apply:

a) Within the Flood Planning Area (refer to Figure 2):

i. Flood Fringe (can be high or low hazard)


ii. Flood Storage (can be high or low hazard)
iii. Floodway (generally high hazard)

Figure 2: Floodplain Aerial View

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 14
b) Outside the Flood Planning Area but within the Flood Prone Area, that is
below the PMF level (refer to Figure 3).

Figure 3: Cross Section through Floodplain


Source: Shoalhaven City Council

4.2 Flood Planning Levels and Freeboard

Flood Planning Levels are derived from a combination of the adopted design flood
level plus freeboard and determine the area of land (Flood Planning Area) on which
specific flood related development controls will be imposed (such as minimum floor
levels). They are set during the Floodplain Risk Management Study process and
are based on a detailed understanding of flood behaviour across the full range of
floods, their probability of occurrence and the social, economic and ecological
consequences associated with those floods.

Freeboard is a factor of safety applied as an additional height. The purpose of a


freeboard is to cater for uncertainties in the estimation of flood levels across the
floodplain due to wave action, localised hydraulic behaviour such as eddies and
embankment or levee settlement and some of the uncertainties associated with
estimating climate change impacts.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 15
4.3 Climate Change
Climate change is expected to have impacts upon sea levels and rainfall intensities,
both of which may influence flood behaviour at specific locations. Potential impacts
are therefore considered during the floodplain risk management process and are
taken into account when the design flood levels for each individual catchment are
computed.

The NSW Government has adopted sea level rise planning benchmarks of 0.4m by
2050 and 0.9m by 2100, (measured as an increase above 1990 mean sea levels).
The Government will continue to monitor these predictions, but in the interim they
are required to be considered in the assessment of flood risk. As per the diagram
below, the 1% AEP flood levels will incrementally factor in Sea Level Rise planning
benchmarks.

Figure 4: Coastal Flooding Consideration in DA Assessment


Source: NSW Coastal Planning Guideline: Adapting to Sea Level Rise 2010

No relevant planning benchmarks have been adopted by Government related to


rainfall intensity changes. However, the State Government guidelines recommend
the undertaking of a sensitivity analysis as part of the Floodplain Risk Management
process, which assumes nominal increases in rainfall intensities.

All new building applications must include the impact of 0.4m Sea Level Rise in the
determination of the flood planning level.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 16
When flood levels in a flood certificate do not include the NSW Government’s sea
level rise benchmarks, and when the proposal is located on land below 4m AHD, the
certificate will incorporate the following statement: “The flood levels should be
increased by 0.4m AHD in order to account for sea level rise projections to the year
2050”. This is a conservative assumption and applicants could choose to
commission a site specific flood assessment report (refer Schedule 4) to refine this
number.

All new Subdivision applications must include the impact of 0.9m Sea Level Rise.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 17
5. PERFORMANCE CRITERIA FOR DEVELOPMENT ON
FLOODPRONE LAND
5.1 Generic Performance Criteria

Objectives
a) To minimise risk to life and damage to property by controlling development on
flood prone land;
b) To ensure that the impacts of the full range of flood sizes up to and including
the PMF are considered when assessing development on flood prone areas
within the Shoalhaven Area;
c) To ensure that development does not have a significant impact on flood
behaviour, people’s safety, surrounding properties and structures, and the
natural environment;
d) To ensure that the effects of climate change are considered when assessing
development in flood prone areas within the Shoalhaven Area;
e) To ensure that development on the floodplain is consistent with the NSW
Flood Prone Land Policy (1984) and NSW Floodplain Development Manual
(2005);
f) To ensure that developers and the community are conscious of the potential
flood hazard and consequent risk associated with the use and development
of land within the floodplain;
g) To protect the integrity of floodplains and floodways, including riparian
vegetation, fluvial geomorphologic environmental processes and water
quality;
h) To ensure that all land uses and essential services are appropriately sited
and designed in recognition of all potential floods; and
i) To ensure that development on flood prone land does not place an
unacceptable financial burden on landowners or the community.

Performance Criteria Acceptable Solutions


P 1 The development will not increase A 1 The development satisfies the
the risk to life or safety of persons requirements as shown in the
during a flood event. Planning Matrix at Schedule 7
including 0.4m Sea Level Rise
P 2 The development or work will not
unduly restrict the flow behaviour AND
of floodwaters.
A 2 Buildings and structures are
P 3 The development or work will not constructed in accordance with the
unduly increase the level or flow flood proofing guidelines (see
of floodwaters or stormwater Schedule 5).
runoff on land in the vicinity.
AND

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 18
Performance Criteria Acceptable Solutions
A 3 Buildings and structures are
designed to withstand the forces of
P 4 The development or work will not flood waters in accordance with
exacerbate the adverse best practice engineering
consequences of floodwaters standards.
flowing on the land with regard to
erosion, siltation and destruction Or
of vegetation.
Where appropriate, structures are
P 5 The structural characteristics of designed to collapse under the
any building or work that are the force of water to not obstruct the
subject of the application are flood flow, but are sufficiently
capable of withstanding flooding in secured to not become floating
accordance with the requirements debris and to not endanger people
of the Council. or animals.
P 6 The development will not become Or
unsafe during floods or result in
moving debris that potentially Openings in structures such as
threatens the safety of people or fences or the like will be provided
the integrity of structures. below the flood planning level to
allow free flow of water.
P 7 Potential damage due to
inundation of proposed buildings
AND, where relevant
and structures is minimised.

P 8 The development will not obstruct A 4 Building foundations are designed


escape routes for both people and by a suitably qualified geotechnical
stock in the event of a flood. engineer to be suitable for grounds
with potentially reduced bearing
P 9 The development will not unduly capacity under flood conditions.
increase dependency on
emergency services. AND

P 10 Interaction of flooding from all A 5 The development complies with


possible sources has been taken ecological sustainable
into account in assessing the development principles, taking into
proposed development against account floodplain ecology and
risks to life and property resulting integrity.
from any adverse hydraulic
impacts. AND

P 11 The development will not A 6 A report demonstrating that all


adversely affect the integrity of performance criteria have been
floodplains and floodways, met is supplied with the
including riparian vegetation, development application.
fluvial geomorphologic
environmental processes and
water quality.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 19
5.2 Additional Performance Criteria for Fill or Excavation on the
Floodplain

Objective
To ensure that filling or excavation within the floodplain does not have a significant
impact on flood behaviour, conveyance and storage capacity, as well as surrounding
properties or structures and the environment in the specific area where the
development is proposed.

Performance Criteria Acceptable Solutions


P 1 High hazard floodway areas are A 1 The development satisfies the
kept free of fill and/or obstructions. requirements as shown in the
Planning Matrix at Schedule 7.
P 2 The proposed fill or excavation will
not unduly restrict the flow A 2 The proposed fill volume
behaviour of floodwaters. occupies less than 1% of the
available 20%, 5% and 1% AEP
P 3 The proposed fill or excavation will flood volume on the
not unduly increase the level or development site and does not
flow of floodwaters or stormwater create a depth exceeding 1
runoff on land in the vicinity, metre above natural ground
including adjoining land. level or require more than 250
cubic metres of filling materials.
P 4 The proposed fill or excavation will
not exacerbate erosion, siltation A 3 The proposed fill and excavation
and destruction of vegetation does not adversely affect
caused by floodwaters flowing on neighbouring properties or the
the land. overall flood behaviour and flood
storage volume.
P 5 The proposed fill or excavation will
not be carried out on flood prone A 4 The proposed fill is used only for
land if sufficient flood free area is the purpose of filling a local
available for development within depression beneath the confines
the subject property. of a building within an existing
residential/ commercial area.
P 6 The proposed excavation does not
create new habitable rooms, non-
habitable storage areas or
carparks with floor levels below the
existing ground level.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 20
5.3 Additional Performance Criteria for Subdivision in the Floodplain
Objective

To ensure that the creation of new lots does not increase potential flood risks to land
owners or the community.

Performance Criteria Acceptable Solutions


P 1 Potential development as a consequence of a A 1 The development
subdivision proposal must be able to be satisfies the
undertaken in compliance with this Plan. requirements as
shown in the
P 2 The proposed subdivision will not create new Planning Matrix at
lots that are affected by a high hazard area, or Schedule 7.
floodway. including Sea Level
Rise of 0.9m
P 3 The proposed subdivision will not increase the
potential population density in any areas (flood
prone or flood free) with restricted evacuation
access.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 21
6. FLOOD DCP COMPLIANCE REPORT
To enable Council to assess a development proposal, a Flood DCP Compliance
Report is to be provided for every development proposal on flood prone land.

Please note that you cannot lodge a development


application on flood prone land without a Flood DCP
Compliance Report.

The Flood DCP Compliance Report shall include the following


compulsory information:

6.1 Existing Flood Information on the site (prior to the proposed


development)
This flood information can be provided as either:

1. A Current Flood Certificate


Where available, an up to date Flood Certificate must be submitted with your
development application (refer Schedule 3) for information on how to obtain this
document and whether you need a basic or detailed certificate).

OR

2. A Flood Assessment Report


For areas where:

a) Flood data is not available but the site:

• is within 40 metres of a creek; or


• is within 10 metres of a major drainage system, local overland flood path
or drainage easement; or
• has a history of flooding; or
• is considered to be flood prone by Council’s Floodplain Engineer.

OR

b) Flood data is available but may require interpolation, extrapolation, or


refinement to greater detail.

Where a flood assessment report is required, the report must be submitted with
the Development Application as part of the Flood DCP Compliance Report.

A Flood Assessment Report must be prepared by a suitable qualified and


experienced engineer recognised under the National Professional Engineers
Register (NPER) in this field. The full name of the person who prepared the
report, relevant qualifications and registration number are to be provided on the
front page of the report.

Please refer to (Schedule 4) for a detailed description on what information is


required within such a report.
Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 22
6.2 Compliance Assessment
A detailed assessment on how the proposed development will achieve all relevant
objectives, performance criteria and/or acceptable solutions of this DCP is required.
It is expected that you list all relevant performance criteria and explain how each
individual criteria has been met.

6.3 Development Plans


Plans for the proposed development or works that indicate compliance with all
relevant Development Controls must be submitted.

6.4 Survey Details


In addition to the requirement to lodge general survey details with the Development
Application, the Survey Plan prepared by a Registered Surveyor must also indicate
the following:
a) Existing ground levels at each corner of the proposed building envelope;
b) The floor levels of all existing buildings or structures to be retained as well as
proposed floor levels for all new buildings and structures; and
c) The location of any existing buildings or structures.
All levels must be relative to Australian Height Datum (AHD). Levels relating to an
arbitrary assumed datum are not acceptable.

Note: Some applications for minor / ancillary development may not require survey
details if a structural engineering certificate is provided.

6.5 Fill or Excavation Details


A development application that includes land filling must be supported by:
a) A site plan drawn to scale showing:
i) The extent of the proposed filling or excavation and the existing contours
and levels of the land;
ii) The proposed contours and levels of the land and the depth and quantity
of the filling, and;
iii) Details of proposed filling material, the method of compaction and
stabilization of the filling material.
b) Calculations showing the fill volume and the percentage of the 20%, 5% and
1% AEP flood volume taken up by the proposed fill material on site;
c) Details of the purpose of the proposed filling;
d) Details of the quality of the proposed fill material; and
e) Details of when the filling will be carried out and any other reasonable
information required by Council.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 23
Some development may also require some or all of the following:

P leas e note: T he reporting requirements vary depending on the


nature of the propos ed development. P leas e c onfirm with
C ounc il whic h c ertific ation and reporting requirements apply to
your s pec ific development applic ation before c ommis s ioning a
c ons ultant to undertake the work!

6.6 Additional survey information


For some development the above minimum survey requirements may not be
sufficient to assess the proposed development. Council may ask for the following
additional information to be provided by the applicant:
a) Existing ground levels at 0.2 metre contour intervals across the entire
property (contours are to extend across adjoining land to enable suitable
consideration of the effect of the proposed development);
b) The ceiling heights of existing buildings or structures that are retained as well
as for proposed new buildings and structures;
c) Existing and/or proposed drainage lines (including sizes and if piped or open
channel) or easements and watercourses, or other means of conveying
stormwater that are relevant to the flood characteristics of the site; and,
d) The contour lines showing the Flood Planning Level and Probable Maximum
Flood level if only parts of the property are flood prone.

6.7 Hydraulic Impact Assessment Report

Some development (see Schedule 7 Matrix) will require a Hydraulic Impact


Assessment report. The report shall demonstrate that the development will not
increase flood hazard or flood damage to other properties or adversely affect flood
behaviour for a 5% AEP up to the PMF scenario.

A Hydraulic Impact Assessment Report must be prepared by a suitable qualified and


experienced civil engineer recognised under the National Professional Engineers
Register (NPER) in this field. The full name of the person who prepared the report,
relevant qualifications and registration number are to be provided on the front page
of the report.

Please refer to Schedule 4 for a detailed description on what information is required


within such a report.

6.8 Structural Engineering Certificate


Some development may require structural engineering certification to ensure that
the proposed structures can withstand flood forces including debris and buoyancy
forces up to a specified flood scenario. Please refer to Schedule 4 to confirm the
level of certification required. Schedule 4 also provides suggested structural
conditions for developments affected by flood waters.
Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 24
6.9 Geotechnical Engineering Certificate
Flooding of developed areas has the potential to cause significantly reduced bearing
capacities of building foundations and, for masonry structures, these may lead to
capacity failures. As such, some proposed development may require certification of
building foundations by a chartered geotechnical practitioner especially in light of
changing flood behaviour due to Climate change and Sea Level Rise.

6.10 Flood Evacuation Plan


Some development may require an engineering report demonstrating that
permanent, fail-safe, maintenance free measures are incorporated in the
development to ensure that the timely orderly and safe evacuation of people is
possible from the area and that it will not add significant cost and disruption to the
community or the SES.

6.11 Community Consultation Details


Some development may require a report on community consultation that was
undertaken as part of the pre-development investigations. It should note all issues
raised and how they were addressed.

Please note that Council may undertake further community consultation in


accordance with Council’s Community Consultation Policy for Subdivision and
Development Applications.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 25
6.12 Flood DCP Compliance Report Checklist

FLOOD COMPLIANCE REPORT CHECKLIST

Please check with Council’s Development Planner, which of the following


items you need to provide with your development application.

Item Prepared Required? Supplied


by
Current Flood Certificate or Flood Assessment
Report
Compliance Assessment

Development Plans
Survey Details (Some applications for minor /
ancillary development may not require full survey details
if a structural engineering certificate is provided)

Fill or Excavation Details


Note: The items above are mandatory
information required for a development
application. The items below may be
required depending on type and scale of
the proposed development.
Additional Survey Details

Hydraulic Impact Assessment Report

Structural Engineering Certificate

Geotechnical Engineering Certificate

Flood Evacuation Plan

Community Consultation Details


Other:

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 26
SCHEDULE 1 – GLOSSARY
The following key terms will assist in working through the requirements contained in
this DCP. For the purpose of this DCP, the following definitions have been adopted:
annual exceedance probability (AEP) means the chance of a flood of a given or
larger size occurring in any one year, usually expressed as a percentage.
australian height datum (AHD) is a common national surface level datum
corresponding approximately to mean sea level.
bearing capacity is defined in geotechnical engineering as the capacity of soil to
support the loads applied to the ground, such as the loads from housing foundations
for example.
bypass channels redirect a portion of floodwater away from areas under threat
from flooding, and so reduce flood levels along the channel downstream of the
diversion.
compliance report is a document prepared by a suitably qualified engineer,
detailing how a proposed development complies with the requirements of this DCP.
development is defined in Part 4 of the Environmental Planning and Assessment
Act, 1979.
development control plan (DCP) is a detailed guideline that includes procedures
and development requirements to be followed when preparing and lodging
development proposals. A DCP can apply to a particular type of development or to a
particular area. A DCP refines or supplements a State Environmental Planning
Policy or local environmental plan and is made according to the Environmental
Planning and Assessment Act 1979. A DCP adds to the controls in the LEP and
cannot therefore include anything that is contrary to the LEP.
eddies are small whirls caused by movement in a flowing stream of liquid.
environmental planning instrument means a state environmental planning policy
(including a deemed SEPPs previously known as a regional environmental plan) or
a local environmental plan.

flood means a relatively high stream flow which overtops the natural or artificial
banks in any part of a stream, river, estuary, lake or dame, and/or local overland
flooding associated with major drainage before entering a watercourse, and/or
coastal inundation resulting from super-elevated sea levels and/or waves
overtopping coastline defences excluding tsunami (floodplain development manual
2005)
flood affected means that a parcel of land is either fully or partly within the
floodplain.
flood assessment report is a document prepared by a suitably qualified hydraulic
engineer, detailing existing flood risk for a catchment.
flood certificate is a document providing flood information for a particular parcel of
land - it can be obtained from Council.
flood compatible materials include those materials used in building that are
resistant to damage when inundated. A list of flood compatible materials is
contained in Schedule 3.
Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 27
flood conveyance is a direct measure of the flow carrying capacity of a particular
cross-section of a stream or stormwater channel.
flood fringe is that part of the floodplain remaining after the floodway and flood
storage areas have been defined.
floodplain means the area of land which is subject to inundation by floods up to and
including the probable maximum flood event, that is, flood prone land.
floodplain risk management plan is a plan developed in accordance with the
principles and guidelines contained in the NSW Government Floodplain
Development Manual. It usually includes both written and diagrammatic information
describing how particular areas of flood prone land are to be used and managed to
achieve defined objectives.
floodplain risk management study is a study that identifies and compares various
flood risk management options. This includes an assessment of their social,
economic, ecological and cultural impacts, together with opportunities to maintain
and enhance river and floodplain environments.
flood planning area means the area of land below, or islands within, the flood
planning level that are subject to flood related development controls.
flood planning level means the combination of flood level and freeboard selected
for planning purposes, as determined in floodplain risk management studies and
incorporated in floodplain risk management plans.
flood proofing means a combination of measures incorporated in the design,
construction and alteration of individual buildings or structures subject to flooding, to
reduce or eliminate flood damages.
flood prone land means the land susceptible to flooding by the probable maximum
flood event (that is, land within the floodplain) as indicated on the map marked
"Flood Prone Land" deposited in the office of the Council as amended from time to
time.
floodway means those parts of the floodplain where a significant discharge of water
occurs during floods. They are often aligned with natural defined channels.
Floodways are areas that, even if only partially blocked, would cause a significant
redistribution of flood flow, or a significant increase in flood levels (and/or velocities).
flood storage areas are those parts of the floodplain that are important for the
temporary storage of floodwaters during the passage of a flood.
flood study is a technical investigation of flood behaviour. It defines the nature of
flood risk by establishing the extent, level and velocity of floodwaters. The study also
provides information on the distribution of flood flows across various sections of the
flood plain for the full range of flood events up to and including the PMF.
fluvial geomorphology is the branch of geology that examines the formation and
structure of the features of the surface of the earth which is created by flowing
rivers.
freeboard is a factor of safety typically used in relation to the setting of floor levels,
levee crest levels etc. Freeboard is expressed as additional height on top of the
flood level and provides a factor of safety to compensate for uncertainties in the
estimation of flood levels across the floodplain. Freeboard is included in the flood
planning level.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 28
habitable room in a residential situation is a living or working area, such as a
lounge room, dining room, rumpus room, kitchen, bedroom or workroom. In an
industrial or commercial situation it is an area used for offices or to store valuable
possessions susceptible to flood damage.
hazard is a source of potential harm or a situation with the potential to cause loss.
In relation to this DCP the hazard is flooding which has the potential to cause
damage to the community. Hazard can be categorised as high hazard and low
hazard. In high hazard areas there is a possible danger to personal safety,
evacuation by trucks is difficult, able bodied adults would have difficulties wading to
safety, and flooding can cause potential significant structural damage to buildings.
In low hazard areas, trucks could evacuate people and their possessions and able
bodied adults would have little difficulty in wading to safety.
hydraulics is a term given to the study of water flow in waterways. In particular, the
evaluation of flow parameters such as water level and velocity.
hydraulic impact assessment report is a document prepared by a suitably
qualified hydraulic engineer, detailing how a proposed development will change
flood behaviour on and off the site as well as how the new development itself will be
impacted by flooding.
land filling means to place or allow to fall upon any land any ballast, rock, stone,
shingle, gravel, sand, clay, earth, cinders, debris or any other matter or thing so as
to alter the contours or levels of the land.
probable maximum flood (PMF) is the largest flood that could conceivably occur at
a particular location, usually estimated from probable maximum precipitation.
Generally, it is not physically or economically possible to provide complete
protection against this event. The PMF defines the extent of flood prone land, that
is, the floodplain.
reliable access means the ability for people to safely evacuate an area subject to
imminent flooding within effective warning time having regard to the depth and
velocity of floodwaters, the suitability of the evacuation route, and without the need
to travel through areas where the water depth - velocity product ( for a 1% AEP flood
event) is greater than 0.3m2/s.
roughness coefficients describe the resistance of the bed of a channel to the flow
of water within it. They are used in equations calculating energy loss due to
roughness of a surface.
suitably qualified hydraulic engineer means an experienced and qualified
professional engineer, recognised as a chartered professional engineer by the
Institution of Engineers Australia in the field of civil engineering, flood risk
management, emergency management, structural engineering or similar, acting at
all times within their experience and qualifications, and able to demonstrate to
Council that they have the experience and qualifications to act as required.
Watercourse means any river, creek, stream or chain of ponds, whether artificially
modified or not, in which water usually flows, either continuously or intermittently, in
a defined bed or channel, but does not include a waterbody (artificial).

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 29
SCHEDULE 2 – LAND USE CATEGORIES
The development purpose categories and land use types below are not exhaustive,
but indicative only. Where development does not fit within the categories,
assessment will be undertaken based on merit in accordance with the NSW
Floodplain Development Manual provisions. Council will determine, based on
the documentation provided to Council, which development purpose and land use
category the proposal fits into.

The development purpose categories are based on sensitivity to flood risk and are
different to terms used in planning legislation. The land use types listed are
examples of the possible land use within each development purpose category.
Definitions of these land use types are included in the Standard Instrument (Local
Environmental Plans) Order 2006. They are not an exhaustive list and other
activities such as stand alone drainage applications should also comply with this
DCP.

DEVELOPMENT LAND USE TYPE


PURPOSE

A(I) Single Residential/ New Dwelling, Dwelling house, Exhibition home, Home business,
Habitable Buildings Home industry, Home occupation, Rural worker’s dwelling and the
like…

A(II) Other Residential/ Attached dwelling, Bed and breakfast accommodation, Canal
Habitable Buildings estate development, Dual occupancy, Exhibition village, Farm stay
accommodation, Home-based child care, Hostel, Hotel or motel
accommodation, Multi dwelling housing, Residential flat building,
Secondary dwelling, Semi-detached dwelling, Serviced apartment,
Shop top housing, Tourist and visitor accommodation and the
like…

B Carpark Stand alone car park, ancillary car park and the like…

C Commercial/ Industrial/ Agricultural produce industry, Agriculture, Airstrip, Amusement


Agricultural Buildings/ centre, Animal boarding or training establishment, Brothel, Bulky
Retail goods premises, Business Premises, Cellar door premises, Charter
and tourism boating facility, Crematorium, Dairy (pasture-based),
Depot, Entertainment facility, Environmental facility; Farm building,
Food and drink premises, Freight transport facility, Function centre,
Funeral chapel, Funeral home, Health consulting rooms, Heavy
industry, Highway service centre, Industrial retail outlet, Industry;
Information and education facility, Kiosk, Landscape and garden
supplies, Light industry, Livestock processing industry, Marina,
Markets, Medical centre, Mortuary, Neighbourhood shop,
Nightclub, Office premises, Passenger transport facility, Place of
public entertainment, Place of public worship, Pub, Public
administration building, Recreation facility, Registered club,
Research station, Restaurant, Restricted dairy, Restriction facilities,
Retail Premises, Rural industry, Sawmill or log processing works,
Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 30
Self-storage units, Sex service premises, Shop, Stock and sale
yard, Storage premises, Take away food and drink premises,
Timber and building supplies, Transport depot, Vehicle sales or
hire premises, Veterinary hospital, Warehouse or distribution
centre, and the like…

D Subdivision Residential subdivision, commercial subdivision and the like…

E Earthworks Extractive industry, Mining, Road, drainage works and the like…

F Resource Management/ Aquaculture, Cemetery, Environmental Protection Works,


Agriculture/ Extensive agriculture, Feedlot, Forestry, Horticulture, Intensive
Recreational Activities livestock agriculture, Intensive plant agriculture, Natural water-
based aquaculture, Open Space, Park, Pond-based aquaculture,
Recreation area, Tank-based aquaculture, Turf farming.

G Critical Infrastructure Air transport facility, Airport, Biosolids treatment facility; Electricity
Assets/ Potentially generating works, Hazardous industry, Hazardous storage
Polluting Activities establishment, Liquid fuel depot, Offensive industry; Offensive
storage establishment; Public utility undertaking, Resource
recovery facility, Service station, Sewage treatment plant,
Sewerage system, Telecommunications facility, Waste disposal
facility, Waste management facility, Waste or resource
management facility, Waste or resource transfer station, Water
recycling facility, Water reticulation system, Water storage facility,
Water treatment facility.

H Buildings and activities Child care centre, Community facility, Educational establishment,
requiring special Emergency services facility, Health services facility, Hospital,
evacuation Residential care facility, Schools, Seniors housing.
consideration

I Minor Development Residential


A. Minor additions:
(i) Urban and rural residential dwelling:
A cumulative total of habitable additions (since 1988) to an existing
dwelling of no more than 50m2 below the Flood Planning Level
or
A cumulative total floor area including all habitable and non-
habitable areas on all storeys of the dwelling of 300 m2 (but with no
more than a cumulative total habitable addition (since 1988) of
50m2 below the Flood Planning Level), whichever is the larger
area;
(ii) Dwelling associated with a bona fide large rural
enterprise such as dairying:
No more than a cumulative total addition (since 1988) of 100 m2.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 31
B. Minor alteration:
(i) Alterations to an existing dwelling comprising
modifications to less than 40% of the internal and/or external walls
(measured in linear metres) or 30 lineal metres whichever is the
greater. Modifications shall include removal of existing walls and
the installation of windows, doors or other openings.
Other Development
(i) A cumulative total addition below the flood
planning level to the existing premises (since 1988) of not more
than 10 % of the existing floor area.

Any development activities greater than those determined above


shall be considered as major or new development.

Any extension to existing structures, that connect additional


existing structures to the former with the result of one larger
building, are considered as major or new development.

J Ancillary Structures Advertising structure, Boat launching ramp, Boat repair facility,
Boat shed, Some Fences, Garage, Jetty, Mooring, Roadside stall,
Signage; Temporary structure, Water recreation structure.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 32
SCHEDULE 3 – FLOOD INFORMATION ENQUIRIES
AND FLOOD CERTIFICATES
As one component of your development application preparation you need to
determine whether the land proposed for development is flood prone land.

You can do this by:

a) Making a zoning enquiry with Council.

A zoning enquiry can be undertaken by:


i) Searching Councils website www.shoalhaven.nsw.gov.au - the zoning
details of properties within the Shoalhaven can be found under
“Enquiry Counter” in the section titled “Online Maps”;
ii) Attending Councils Customer Service Counter in the Administration
Building to view the relevant LEP; or
iii) Contacting Council by either phone, email or in writing and request the
zoning information for a subject site.
Or;

b) Consulting the 149 Certificate.

A Section 149 Certificate for a parcel of land can provide guidance of whether
or not the land is subject to “flood related development controls”.

Please note that land may still be flood prone even though the Section 149
Certificate contains no reference to flooding. Historical information is not
contained in certificates and further research should be undertaken if the
property is in the vicinity of a watercourse or if the contours suggest a local
flowpath may cross the land. While existing flood information may not exist
there is the possibility that a property is flood affected and further investigations
by suitably qualified engineer would be warranted.

A Section 149 Certificate can be obtained by contacting Council.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 33
If the land is flood prone, you will need to obtain a Flood Certificate from Council.
An application fee applies in accordance with Councils Fees and Charges. Figure 5
details the procedure for making enquiries to Council for flood related information.

Collect “Flood Enquiries Form” from Customer


Service Counter or access electronic version of
form on the internet via the Shoalhaven City
Council Homepage: www.shoalhaven.nsw.gov.au
then go to “Enquiry Counter” in the section titled
“Online Applications”.

Enter all required information, property details and


preferred mode of reply.

Send form to City Administrative Centre Strategic


Flood Engineer, PO Box 42, Nowra NSW 2541 or
email electronic version of form.

Councils Strategic Flood Engineer will reply to


your request within 10 working days. Please note
that a fee will apply.

Figure 5: Procedure for Obtaining a Flood Certificate from Council


Source: Shoalhaven City Council

The Flood Certificate is required to be submitted with your development application.


Please note that there are two types of certificates available and you will need to
specify which type you are applying for:

A basic flood certificate will contain the following information (if available):
a) The 1% AEP flood level and the Flood Planning Level (including the relevant
Sea Level Rise component when available) for the individual property;
b) The hydraulic and hazard categorisation as per the NSW Floodplain
Development Manual for the individual property; and
c) The source of the provided data.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 34
A detailed flood certificate will include additional information such as PMF, 5%
AEP, 20% AEP flood levels (including the relevant Sea Level Rise component when
available) and flood velocity. This information is generally required by structural
engineers in order to provide hydraulic impact assessment reports for a
development.

All Flood Certificates can be obtained from Council and will incur a charge in
accordance with Council’s Fees and Charges Schedule.

In order to prevent misunderstandings and in accordance with Council policy, Public


Access to Council Information Policy, no verbal requests will be accepted and no
verbal advice will be provided. Instead, you will be referred to councils relevant LEP,
any relevant flood study or Floodplain Risk Management Plan, or you may be
requested to obtain a flood certificate.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 35
SCHEDULE 4 – TECHNICAL REPORTING
REQUIREMENTS
A. Flood Assessment Report

A Flood Assessment Report must be prepared by a suitable qualified and


experienced engineer recognised under the National Professional Engineers
Register (NPER) in this field. The full name of the person who prepared the report,
relevant qualifications and registration number are to be provided on the front page
of the report.

The assessment report provides information on existing flood risk for a catchment
and is to be commensurate with the NSW Floodplain Development Manual and
must include the following information:

(a) A description of the creek or drainage system that is relevant to the flood
characteristics of the site, whether located on, adjacent to or remote from the
development site;
(b) A plan showing cross-sections through site - as a guide, the following cross-
section information should be provided:
– A minimum of 5 cross-sections, at a maximum distance of 20m apart,
should be taken through the site, perpendicular to the likely flow path (i.e.
the direction of the cross-section may not necessarily be in a single
straight line);
– One cross-section should be at the upstream end and one cross-section
at the downstream end of the proposed development site;
– Cross-sections should extend at least as high as the highest flood level
available at the site and if possible be wide enough to cover the full width
of the floodplain at that location; and
– The cross-sections should be plotted at a suitable exaggerated scale (i.e.
the vertical scale is not necessarily the same as the horizontal scale);
(c) Flood levels for the PMF, 1%, 5%, 10% and 20% AEP events for the pre
development scenario (all assumptions, calculations and modelling output tables
must be provided);
(d) Flood velocities and vectors for the 1% AEP event for the pre development
scenario (all assumptions, calculations and modelling output tables must be
provided);
(e) Provisional Hazard categories based on depth and velocity as well as obvious
other hazards such as evacuation difficulties as per the requirements of the 2005
NSW Floodplain Development Manual;
(f) Provisional Hydraulic categories based on depth and velocity as per the
requirements of the 2005 NSW Floodplain Development Manual; and
(g) Plans showing the results of (c) to (f) as well as the location of the proposed
development.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 36
Please note:
c) The modelling shall include climate change considerations as per
current Government Guidelines for both sea level rise and predicted
changes in rainfall.
d) The modelling shall include a 50% and 100% blockage analysis of all
existing drainage structures that may affect the development site.
e) Localised flow effects shall be investigated and reported on where
relevant.
f) The roughness coefficients used shall allow for fully vegetated stream
conditions in order to account for potential revegetation of degraded
areas without impact on flood levels.
g) In areas where local sub-catchment flooding, such as flows from
drains, overland flow paths or similar, interact with overall catchment
flooding from waterways and lakes; or, with ocean inundation a joint
probability analysis of flood behaviour shall be undertaken.

B. Hydraulic Impact Assessment Report

For some development a Hydraulic Impact Assessment is required as part of the


Flood Management Report, demonstrating that the development will not increase
flood hazard or flood damage to other properties or adversely affect flood behaviour
for a 5% AEP up to the PMF scenario.

A Hydraulic Impact Assessment Report must be prepared by a suitable qualified and


experienced engineer recognised under the National Professional Engineers
Register (NPER) in this field. The full name of the person who prepared the report,
relevant qualifications and registration number are to be provided on the front page
of the report.

This Schedule describes two methods for assessing hydraulic impacts of proposed
developments. The two methods are:

► Assessment Method 1 — Cross-section Analysis (No Computer Modelling);


► Assessment Method 2 — Use of Existing Flood Study data or Preparation
of Site-Specific Model (Computer Modelling).

Method 1 will be sufficient for small scale development proposals. For larger
developments, developments in sensitive areas, or where special circumstances
exist, Council may require assessment method 2 to be used.

Both Assessment Methods need to be carried out by an experienced engineer and


are to be commensurate with the NSW Floodplain Development Manual. In some
circumstances, Council may determine the method(s) to be used.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 37
Assessment Method 1 - Cross-section Analysis (No Computer Modelling)

In order to satisfy the requirement that the development will not increase flood
hazard or potential flood damage to other properties or adversely affect flood
behaviour for the full range of flood scenarios, the applicant must demonstrate that:

(i) The proposed development will not involve fill volumes that occupy
more than 1% of the available 20%, 5% and 1%AEP flood volume on
the development site or involve cutting or filling in floodways.

Please note: it is too simplistic to assume that earthworks will have a


negligible impact on the hydraulics of a waterway if the net cut and fill
volumes for the PMF balance out. Hydraulic processes are complex
and a simple “total fill < total cut” equation will not guarantee that the
flood storage capacity of a waterway corridor are maintained. It is
therefore necessary to check net cut and fill volumes within the site
over a range of flood events.

(ii) The proposed development will not adversely change flow direction
and velocity or create any new preferential flow paths for the PMF,
1%, 5%, 10% and 20% AEP events; and
(iii) The proposed development will not change the flood conveyance at
any of the cross sections up to and including the PMF.
Please note:
The flood conveyance should be calculated at each cross-section for
pre-development and post-development conditions. Flood
conveyance should be calculated at a range of water levels, at each
cross-section, including the 1% AEP and PMF. All assumptions,
particularly those relating to hydraulic roughness, must be
documented, especially where the development results in a change in
hydraulic roughness.

In special circumstances, small size developments inside a floodway


may not reduce conveyance (e.g. minor alterations or additions carried
out in the ‘lee’ of an existing structure). In such cases, Council may
require assessment using Assessment Method 1 and 2 of this
Schedule to demonstrate that conveyance is not being reduced.

This method does not require computer modelling. It checks for changes in flood
storage volume, flood behaviour and conveyance at critical cross sections only
through the proposed development.

This approach, whilst simpler than computer modelling, assumes a thorough


knowledge of flood behaviour to ensure that the cross-section locations are
representative of the principal impacts of the development.

In addition to the survey details and pre development flood information, the following
shall be submitted, accompanied by appropriate supporting written information:

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 38
(a) Post development flood level plots for the PMF, 1%, 5%, 10% and 20% AEP
events at all cross sections (all assumptions, calculations and modelling output
tables must be provided);
(b) Post development in-stream and overbank flow velocity vector plots for the 1%
AEP event at all cross sections (all assumptions, calculations and modelling
output tables must be provided);
(c) Calculation results for all calculations undertaken in order to demonstrate the
above requirements; and
(d) Pre and post development ground surface levels — this information should be
shown on each cross-section, with areas of cut and fill clearly shown.

Assessment Method 2 - Use of Existing Flood Study or Preparation of Site-Specific


Flood Study (Computer Modelling)

This method requires computer modelling. An existing flood study model may be
used if available and suitable (e.g. it contains sufficient local detail).

For large scale developments or developments in critical locations, a flood study


using a fully dynamic one or two dimensional hydraulic computer model may be
required. Such a flood study would be prepared in a manner consistent with the
NSW Floodplain Development Manual, Australian Rainfall and Runoff — A Guide to
Flood Estimation (Institution of Engineers, Australia, 1987) and relevant Council
codes.

In addition to the survey details and pre development flood information, the following
shall be submitted in plan form, accompanied by appropriate supporting written
information:

(a) Post development water surface contours — these should be provided in metres
to Australian Height Datum (m AHD);
(b) Post development flood profiles — these should be provided at a suitable vertical
and horizontal scale such that any changes in flood levels are easily identified;
(c) Post development velocity vectors — these show direction and relative size of
flood velocities and should be provided in metres per second (m/s);
(d) Difference plots for flood levels and velocities for the 20% and 1% AEP flood
events;
(e) Post development contours of flood velocities multiplied by depth of flooding over
ground level indicating provisional hydraulic categories as per the requirements
of the 2005 NSW Floodplain development manual — these should be provided
to one decimal place; and
(f) Post development provisional hazard categories based on depth and velocity as
well as obvious other hazards such as evacuation difficulties as per the
requirements of the 2005 NSW Floodplain development manual.

An interpretation of the results clearly indicating the effects of the proposed


development on general and local flood behaviours and potential impacts on
neighbouring properties is to be provided. This interpretation should clearly inform
Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 39
the last section of the Flood DCP Compliance Report which seeks to provide a
detailed assessment of how the proposed development will achieve the objectives
and performance criteria of this DCP.

Please note:

• A range of flood sizes should be chosen for the above analyses so that the
full impacts of the development can be assessed. Typically, the flood sizes to
be considered would be: a 20% AEP, 5% AEP, 1% AEP and a probable
maximum flood.

• For the post-development scenario, all proposed works and structures,


including any revegetation and enhancements should be included in the
analysis.

• All assumptions relating to hydraulic roughness should be clearly


documented.

• Flood levels and velocities need to be computed not only at the site but also
at an appropriate distance upstream and downstream to allow the principal
impacts of the development to be determined.

C. Structural Conditions for Developments Affected by Flood


A structural engineer should certify that the building will be able to withstand
hydrostatic and hydrodynamic forces of flood waters including debris and buoyancy
forces based on relevant depth, velocity and debris loadings for the specific site.

Some guidance is provided in Appendix A of the Hawkesbury and Nepean floodplain


Management Steering committees. Reducing Vulnerability of Buildings to Flood
Damage.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 40
SCHEDULE 5 – FLOOD PROOFING GUIDELINES
There are many different ways in which to reduce flood damages and flood proofing
is generally recommended for any building on land that is considered by Council as
being flood prone. Flood proofing refers to the design and construction of buildings
with appropriate water resistant materials such that flood damage to the building is
minimised, should it be inundated. Certain types of materials are better able to
withstand inundation than others, for example, plasterboard and chipboard, both
materials commonly used for the internal wall linings and cupboard fittings of a
house, can be badly damaged on inundation and may have to be replaced. In
contrast, double brick construction can withstand inundation and may only require a
hose and scrub down when the flood subsides.

Adequate flood proofing of buildings in flood liable areas is an effective and


equitable means of reducing flood damage to the structure or building. The
following table provides information on flood proofing measures and flood
compatible materials. The table is not an exhaustive list, however provides an
indication of what is considered as suitable in flood prone areas.

A) Construction Methods and Materials


Construction methods and materials listed in the following table are graded into four
classes according to their resistance to floodwaters:

Suitable - the materials or products which are relatively unaffected by submersion


and unmitigated flood exposure and are the best available for the particular
application.

Mild effects - where the most suitable materials or products are unavailable or
economic considerations prohibit their use, these materials or products are
considered the next best choice to minimise the damage caused by flooding.

Marked effects - as for "2nd preference" but considered to be more liable to


damage under flood conditions.

Severe effects - the materials or products listed here are seriously affected by
floodwaters and in general have to be replaced if submerged. They are not
recommended for use in flood prone areas.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 41
SUITABILITY OF MATERIAL OR CONSTRUCTION METHOD
COMPONENT
Suitable Mild Effects Marked Effects Severe Effects

Floor & Sub-Floor • concrete slab-on-ground • timber floor (T&G boarding, • timber floor (T&G boarding, • timber close to ground
Structure monolith construction marine plywood) full epoxy marine plywood) with ends surrounding base
where the ground level sealed joints only epoxy sealed on joints
allows the Flood and provision of side • timber flooring with ceilings or
Planning Level clearance for board swelling soffit linings
requirements to be met • timber flooring with seal on top
note: clay filling is not only
permitted beneath slab-
on-ground construction,
which could be
inundated
• suspension reinforced
concrete slab

Floor Coverings • clay tiles • cement / bituminous • asphalt tiles with asphaltic • carpeting, glue-down type or
formed-in-place adhesives fixed with smooth edge on jute
• concrete, precast or in felts
situ • cement / latex formed-in- • loose fit nylon or acrylic
place carpet with closed cell • chipboard (particle board)
• concrete tiles rubber underlay
• rubber tiles, with chemical • cork
• epoxy, formed-in-place set adhesive
• linoleum
• mastic flooring, formed- • terrazzo
in-place • PVA emulsion cements
• vinyl tile with chemical-set
• rubber sheets or tiles adhesive • vinyl sheets or tiles coated on
with chemical-set cork or wood backings
adhesives • vinyl-asbestos tiles
asphaltic adhesives • fibre matting (sea- grass
• silicone floors formed-in- matting)
place • loose rugs
• vinyl sheets or tiles with • ceramic tiles with acid and
chemical set adhesives alkali-resistant grout

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 42
COMPONENT SUITABILITY OF MATERIAL OR CONSTRUCTION METHOD
• ceramic tiles, fixed with
mortar or chemical set
adhesive
• asphalt tiles, fixed with
water resistant adhesive

Wall Structure (up • solid brickwork, block- • two skins of brickwork or • brick or block-work veneer • inaccessible cavities
to FPL) work, reinforced, block-work with inspection construction with inspection
concrete or mass openings openings • large window openings
concrete

Roof Structure (for • reinforced concrete • timber trusses with • traditional timber roof • inaccessible flat roof
situations where construction galvanised fittings construction construction
FPL is above the
ceiling of an • galvanised metal • ungalvanised steelwork eg.
existing building) construction lintels, arch bars, tie rods,
beams, etc.
• unsecured roof tiles

Doors (below FPL) • solid panel with water • flush panel or single panel • fly-wire doors • hollow core ply with PVA
proof adhesives with marine plywood and adhesives and honeycomb
water proof adhesive • standard timber frame paper core
• flush door with marine
ply filled with closed cell • T&G lines door, framed
foam ledged and braced
• painted metal • painted steel
construction
• timber frame fully epoxy
• aluminium or galvanised sealed before assembly
steel frame

Wall & Ceiling • cement board • brick, common • chipboard exterior grade • chipboard
Linings (up to the • brick, face or glazed • plastic wall tiles • hardboard exterior grade • fibreboard panels
FPL)
• clay tile glazed in • metals, non ferrous • wood, solid (boards or • mineral fibreboard
waterproof mortar timber) with allowance for
• rubber mouldings and trim swelling • paperboard

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 43
COMPONENT SUITABILITY OF MATERIAL OR CONSTRUCTION METHOD
• concrete • wood, solid or exterior • wood, plywood exterior • plaster-board, gypsum plaster
grade plywood fully sealed grade
• concrete block • wall coverings (paper, burlap
• fibrous plaster board cloth types)
• steel and waterproof
applications • wood, standard plywood
strawboard
• stone, natural solid or
veneer, waterproof
ground
• glass blocks
• glass
• plastic sheeting or wall
with waterproof adhesive

Insulation (up to • foam or closed cell types • reflective insulation • bat or blanket types • open cell fibre types
FPL)

Windows (below • aluminium frame with • epoxy sealed timber • timber with PVA glues mild
FPL) stainless steel or brass waterproof glues with steel fittings
rollers or similar stainless steel or brass
corrosion and water fittings
resistant material
• galvanised or painted steel

Nails, Bolts, • brass, nylon or stainless • hot dipped galvanised steel • mild steel
steel wire nails
Hinges & Fittings
(below FPL) • removable pin hinges • aluminium

More information on reducing vulnerability of buildings from flood damage please refer to Reducing Vulnerability of Buildings to Flood
Information prepared by the Hawkesbury-Nepean Floodplain Management Steering Committee

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 44
B) Electrical and Mechanical Equipment
For dwellings constructed on flood liable land, the electrical and mechanical materials,
equipment and installation must conform to the following requirements:

Main power supply - Subject to the approval of the relevant power authority, the incoming
main commercial power service equipment, including all metering equipment, is to be
located above the Flood Planning Level. Means are to be available to easily disconnect
the dwelling from the main power supply.

Wiring - all wiring, power outlets, switches, etc., must, to the maximum extent possible, be
located above the Flood Planning Level. All electrical wiring installed below the Flood
Planning Level must be suitable for continuous submergence in water and must contain no
fibrous components. Only submersible-type splices are to be used below the Flood
Planning Level. All conduits located below the Flood Planning Level are to be so installed
that they will be self-draining if subjected to flooding.

Equipment - All equipment installed below or partially below the Flood Planning Level
must be capable of disconnection by a single plug and socket assembly.

Reconnection - Should any electrical device and/or part of the wiring be flooded it must
be thoroughly cleaned or replaced and checked by an approved electrical contractor
before reconnection.

C) Heating and Air Conditioning Systems


Heating and air conditioning systems must, to the maximum extent possible, be installed in
areas and space of the house above the Flood Planning Level. When this is not feasible
every precaution must be taken to minimise the damage caused by submersion according
to the following guidelines:

Fuel - Heating systems using gas or oil as a fuel must have a manually operated valve
located in the fuel supply line to enable fuel cut-off.

Installation - The heating equipment and fuel storage tanks must be mounted on and
securely anchored to a foundation pad of sufficient mass to overcome buoyancy and
prevent movement that could damage the fuel supply line. All storage tanks must be
vented to an elevation of 0.5m above the Flood Planning Level.

Ducting - All ductwork located below the Flood Planning Level must be provided with
openings for drainage and cleaning. Self draining may be achieved by constructing the
ductwork on a suitable grade. Where ductwork must pass through a water-tight wall or
floor below the Flood Planning Level, the ductwork must be protected by a closure
assembly operated from above Flood Planning Level.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 45
SCHEDULE 6 – FLOOD RELATED DEVELOPMENT
CONTROLS - SITE SPECIFIC AS PER THE ADOPTED
FLOODPLAIN RISK MANAGEMENT PLAN
This schedule provides site specific flood related development controls as recommended
by Floodplain Risk Management Plans (FRMP) that have been prepared for individual
catchments. The plans have been through a rigorous consultation process as required by
the NSW Floodplain Development Manual. This process included consultation with
community representatives, floodplain management professionals and various agency
staff. The plans were endorsed by Council’s Natural Resources and Floodplain
Management Committees before being formally adopted by Council.

(Information for specific areas will be added as Floodplain Risk Management Plans are
completed)

P leas e note that where the s ite s pec ific c ontrols are in
c onflic t with the generic flood related c ontrols in
S c hedule 7, the s ite s pec ific c ontrols will override the
generic ones .

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 46
A. Terara Village Floodplain Risk Management Plan:
(Adopted in 2002)
Area to which this plan applies:
For a map of the area to which this plan applies, please view Council’s maps on
www.shoalhaven.nsw.gov.au

Site specific flood characteristics:


Land within Terara Village becomes a high hazard floodway in a 1% AEP flood event.
Due to the initial protection against direct river flooding from the levee, it is likely that the
community will not be prepared for the sudden change in flood hazard which may occur
with levee overtopping or failure.

Site specific flood related development controls:

Location /
Type of Specific Controls
Development

• Vacant lots cannot be developed for residential buildings unless Council is satisfied
that the dwelling house is essential for the proper and efficient use of the land for
agriculture or turf farming.
All of Terara • Development in a high hazard floodway will only be permitted if it can be shown that
Village FRMP there is no other viable alternative. Further considerations would then need to be
study area made regarding the specific location of the development.

• The minimum required floor level for infill development and reconstruction in the
Terara village area is the 1 in 100 year pre levee flood level plus a freeboard of 0.5 m
for habitable rooms.

New
residential
• Structural soundness of completed works to withstand water and debris damage up to
buildings the 0.2% AEP (1 in 500 year) event is to be certified by a suitably qualified structural
where engineer.
approved in
conjunction • Owners must have measures in place to enable them to self evacuate so as to not
with place additional burden on Emergency Services
agricultural use

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 47
B. Riverview Road Area Floodplain Risk Management Plan:
(Adopted in 2002)

Area to which this plan applies:


For a map of the area to which this plan applies, please view Council’s maps on
www.shoalhaven.nsw.gov.au

Site specific flood characteristics:


Land within the Riverview Road Area is currently protected to the 1% AEP level from direct
inundation from the Shoalhaven River by the Riverview Road levee. However, buildings
will be inundated from backwater flooding across Ferry Lane. During larger events, the
area becomes a high hazard floodway and it is likely that the community will not be
prepared for the sudden change in hazard which may occur with levee overtopping or
failure.

Site specific flood related development controls:

Location /
Type of Specific Controls
Development

• No new subdivision approvals will be granted as it would increase the demand on the
All of Riverview rescue services and the risk to life.
Road Area FRMP
Study Area • The minimum required floor level for infill development and reconstruction is the 1 in
100 year pre levee flood level plus a freeboard of 0.5m for habitable rooms.

New residential • Structural soundness of completed works to withstand water and debris damage up to
buildings where the 0.2% AEP (1 in 500 year) event is to be certified by a suitably qualified structural
approved in engineer.
accordance with
the zoning • Owners must have measures in place to enable them to self evacuate to not place
requirements additional burden on Emergency Services

• New residential
buildings within:
– Riverview
Road,
– Elia Avenue
– Lyrebird Drive
subdivision
• Lot 7,
DP809132 • No Dual Occupancies or subdivisions will be permitted

• Lot 1
DP1053438
• Lot 2
DP1053438
• Lot 6 DP538956
• Lot 1 DP449102

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 48

• All vacant land
within IDO No.1
not already
subdivided.

Shoalhaven • On account of the increased demand on the rescue services and the risk to life, no
Caravan Park increase in the number of permanent, semi-permanent unregistered vans or cabins
within the Rural 1(g) zone (Shoalhaven Caravan Park) will be permitted.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 49
C. St Georges Basin Floodplain Risk Management Plan:
(Adopted 24th October 2006)
Area to which this plan applies:
For a map of the area to which this plan applies, please view Council’s maps on
www.shoalhaven.nsw.gov.au

Site specific flood characteristics:

The majority of the properties affected in the 1% AEP event are associated with the
canal estates and other areas accessed by Jacob Drive at Sussex Inlet. The flood
hazard in this area has been classified as high and there is little which can be done
to mitigate the risks for the existing situation.

Site specific flood related development controls:

Location /
Type of Specific Controls
Development

St Georges Basin
and tributary • A minimum setback of 40m from Normal Water Level shall apply for new
creeks foreshore development (Please check Water Management Act and Estuary
areas Management Plans for most up to date setback requirement).

The Nebraska • Only minimal increase in development and population will be permitted in this
Estate area.

Loralyn Avenue • An additional freeboard of 0.3m on top of the Flood Planning Level is to be
properties enforced to new development to account for wind wave conditions.
Lot 1 DP 1120892 -
9 Fisherman Rd
Home Creek

Lot 89 DP 247696 -
41 Roulstone
Crescent
Sanctuary Point

Lot 23 DP 7984 -
20 Kallaroo Rd
Erowal Bay • House raising by 3m (one floor) should be explored as part of any new
development application for these properties.
Lot 5 DP 21261 – 5
Wunda Ave
Sussex Inlet

Lot 9 DP 21261 -
13 Wunda Ave
Sussex Inlet

Lot 143 DP 21038 -


52 Ellmoos Ave
Sussex Inlet

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 50
• New parks, manufactured homes and moveable dwellings are not permitted
in high hazard floodway areas.
Caravan Parks
• New parks and manufactured homes are not permitted in high hazard flood
storage areas.
Services
infrastructure and • These will only be permitted if it can be shown that there is no other viable
utilities, sports field alternative. A merit based assessment is to be undertaken and if approved,
amenities or similar conditions to minimise risk to life, property and the environment will be
in high hazard imposed.
floodway areas

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 51
D. Lower Shoalhaven River Floodplain Risk Management Plan:
(Adopted in 2007)
Area to which this plan applies:
For a map of the area to which this plan applies, please view Council’s maps on
www.shoalhaven.nsw.gov.au

Site specific flood characteristics:


The areas most affected by high hazard flood conditions include the main
Shoalhaven River channel from Nowra to the entrance, the Crookhaven River from
Culburra Road to the entrance, Berry’s Canal and the land to the east including the
low areas of Comerong Island and the residential area of Greenwell Point from
Greens Road in the west and South Street in the north through to the waterway as
well as Hay Avenue in Shoalhaven Heads. Remaining areas within the Lower
Shoalhaven River floodplain are classified as high hazard storage areas to low
hazard flood fringe.

Site specific flood related development controls:

Location /
Type of Specific Controls
Development

• Although not a control, the area falls under high hazard floodway zone and is
currently deferred from the 1985 Local Environmental plan and is
administered under IDO (Interim Development Order) No. 1. Further
Hay Avenue. development would increase the permanent population to a high hazard
Shoalhaven Heads floodway area. Consequently, if the development were to be approved then
there would be increased reliance on rescue services during flood
emergencies. Resolution of an appropriate zoning and development controls
for this area needs to be addressed through an LEP amendment.

• Any further expansion or new development beyond the current residential


zoning will not be permitted.
Greenwell Point
• No subdivision, dual occupancy or strata development even on flood free
land will be permitted.
Greenwell Point
3, 7, 9,11, 42, 59
Adelaide Street

59 Haiser Road

2 Keith Avenue • House raising by 3m (one floor) should be explored as part of any new
development application for these properties.
1 Church Street

68, 70, 76 Greens


Road

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 52
• The potential hydraulic effects of any future construction works shall be
minimised through locating them in the “shadow” of other buildings or away
from the main flow paths where possible.
Industrial
Development at • Any proposed works must be designed and located to minimise any increase
Bomaderry in flood damages to other users/occupiers of the floodplain.

• A full hydraulic assessment will be required prior to any future development


or redevelopment to assess the potential impacts upon flooding.
Bomaderry
22, 64 Bolong
Road • House raising by 3m (one floor) should be explored as part of any new
development application for these properties.

Culburra Beach /
Orient Point
3 Raglan Street • House raising by 3m (one floor) should be explored as part of any new
development application for these properties.
41 Prince Edward
Avenue

• A minimum setback should be applied to all new development on the


All Lower foreshore and tributary creeks of the Shoalhaven and Crookhaven Rivers
Shoalhaven which is consistent with the Water Management Act 2000 (previously Rivers
Foreshore areas and Foreshores Improvement Act 1948) which specifies the requirement of a
permit for development within 40 meters of the top of bank or shoreline.

• Inappropriate enlargement of flood mitigation drains may cause removal of


Flood Mitigation natural wetlands and cause exposure of acid sulphate soils. Local landowner
Drains modifications to the existing mitigation drains will require Council’s written
approval.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 53
ACCESS
FLOOR LEVEL

Hydraulic Impact
Land Use Category
(As per schedule 2)

BUILDING COMPONENTS

MANAGEMENT & DESIGN


Risk Category

FLOOD EVACUATION PLAN


STRUCTURAL SOUNDNESS
A(I) Single Residential / Habitable Buildings

*
Note:
Single Residential / Habitable Buildings
1

1
1,2
1, 2

2, 4

1, 3
A(I)* Existing Use Rights Only!

A(II) Other Residential / Habitable Buildings

B Carparks

Commercial/ Industrial/Agricultural
1

1
B(I)* Buildings/Retail
1,2
1, 2

2, 4

Not required
1,2,3
Existing Use Rights Only!

Commercial/ Industrial/Agricultural
C Buildings/Retail

D Subdivision

Not suitable for development


E Earthworks
High Hazard Floodway

Resources Management/ Agriculture/


3

F
1,2

1,2
1, 2

Recreational Activities

the conditions as per the matrix will apply


Critical Infrastructure Assets/ Potentially
G Polluting Activities
Buildings and activities requiring special
H evacuation consideration
2

I Minor Development
For definitions of Land Use Categories refer to Schedule 2
1, 2
1 or 4**

This type of development is not suitable within the risk category -


3

J Ancillary Structures
1, 2
1

A(I) Single Residential / Habitable Buildings


1,2

1,3
1, 2

2, 4

however, if existing use rights can be established and there is no other option,
1

A(II) Other Residential / Habitable Buildings


1,2

1,3
1, 2

2, 4
5

B Carparks
1,2
1, 2

2, 4

Commercial/ Industrial/Agricultural
1

C
1,2

1,3
1, 2

2, 4

Buildings/Retail

D Subdivision
Figure1: Matrix to Determine Flood Related Development Controls
2

E Earthworks

Resources Management/ Agriculture/


3

F
1,2
1, 2

Recreational Activities

Critical Infrastructure Assets/ Potentially


3

G
1,2

1,2

Polluting Activities
** Control No. 1 is desirable however
2,3,4

1,2,3 1,2,3

Buildings and activities requiring special


H evacuation consideration
High Hazard Flood Storage or Flood Fringe

I Minor Development
1, 2
1 or 4**

if this cannot be achieved Control No. 4 is acceptable


3

J Ancillary Structures
1, 2
SCHEDULE 7 – FLOOD RELATED DEVELOPMENT CONTROLS - GENERIC

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land
54
ACCESS
FLOOR LEVEL

Hydraulic Impact
Land Use Category
(As per schedule 2)

MANAGEMENT & DESIGN


BUILDING COMPONENTS

FLOOD EVACUATION PLAN


STRUCTURAL SOUNDNESS
1

4
1,2 A(I) Single Residential / Habitable Buildings

1,2
1

4
A(II) Other Residential / Habitable Buildings

1,2
1, 2
5

2
3

1
B Carparks

1,2
1, 2

Commercial/ Industrial/Agricultural
1

C
1,2
1, 2

Buildings/Retail

Not required
D Subdivision
1,2

E Earthworks

Resources Management/ Agriculture/

Not suitable for development


F
1, 2

Recreational Activities
Low Hazard Floodway or Flood Storage or Flood Fringe

Critical Infrastructure Assets/ Potentially


3

G
1,2

Polluting Activities
1,2,3 1,2,3

Buildings and activities requiring special

the conditions as per the matrix will apply


H evacuation consideration
4

I Minor Development
1, 2

J Ancillary Structures
For definitions of Land Use Categories refer to Schedule 2

This type of development is not suitable within the risk category -


1

A(I) Single Residential / Habitable Buildings


1

A(II) Other Residential / Habitable Buildings


however, if existing use rights can be established and there is no other option,

B Carparks

Commercial/ Industrial/Agricultural
C Buildings/Retail

D Subdivision

E Earthworks

Resources Management/ Agriculture/


F Recreational Activities
Critical Infrastructure Assets/ Potentially
3

G
1,2

Polluting Activities
Figure1 : Matrix to Determine Flood Related Development Controls continued

Buildings and activities requiring special


Outside Flood Planning Area

1
1

1
1

H
1,2
(Above the Flood Planning Level but below the PMF)

evacuation consideration

I Minor Development

J Ancillary Structures
Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land
55
Development Controls Matrix Legend

Floor Level:
1. 1% AEP flood level + 0.50M freeboard;
2. Probable maximum flood level;
3. 5% AEP flood level;
4. Existing habitable floor level or higher as practical; and
2
5. High enough to ensure a velocity - depth product of less than 0.3 m /s for a 1% AEP flood
event.

Building Components:
1. Any portion of the building or structure below the FPL to be built from flood compatible
materials; and
2. All electrical installations to be above the FPL.

Structural Soundness:
1. Appropriate consulting engineer’s report – the building can withstand forces of floodwaters
including debris and buoyancy forces up to the PMF scenario;
2. Appropriate consulting engineer’s report – the building can withstand forces of floodwaters
including debris and buoyancy forces up to the 0.2% AEP flooding scenario;
3. Appropriate consulting engineer’s report – the building can withstand forces of floodwaters
including debris and buoyancy forces up to a 1% AEP flooding scenario;
4. Appropriate consulting engineer’s report – the structure will not become floating debris during
a 1% AEP flooding scenario; and
5. Certification of building foundations by a chartered geotechnical practitioner.

Hydraulic Impact:
1. Appropriate consulting engineer’s report for building footprint areas over 250 square metres,
a footprint length of more than 20 metres or any development that in the view of Council has
the potential to significantly impact on others. The report is to prove that the development will
not increase flood hazard or flood damage to other properties or adversely affect flood
behaviour for a 5% AEP up to the PMF scenario.
No hydraulic impact report is required if the proposed building is raised on piers allowing free
flood flow for a 1% AEP flood event.
2. Appropriate consulting engineers report for earthworks of volumes exceeding 250 cubic
metres or with a length of more than 20 metres. The report is to prove that the earthworks will
not increase flood hazard, flood damage or adversely affect other properties for a 5% AEP up
to the PMF scenario.

Access:
1. Reliable emergency vehicle access is required for ambulance, SES, fire brigade, police and
other emergency services during a 1% AEP flood event;
2. Reliable access for pedestrians is required during a 1% AEP flood event; and
3. Reliable access for pedestrians is desirable during a 1% AEP flood event.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 56
Flood evacuation plan:
1. Appropriate engineers report demonstrating that permanent, fail-safe, maintenance-free
measures are incorporated in the development to ensure that the timely, orderly and safe
evacuation of people is possible from the area and that it will not add significant cost and
disruption to the community or the SES.

Management and design:


1. Applicant to demonstrate that there is an area where hazardous and valuable goods can be
stored above the 1% AEP Flood Level;
2. Bunding to the FPL to be installed around hazardous chemical storage areas or the like; and
3. Applicant to demonstrate that there is an area where animals can find refuge above the 1%
AEP Flood Level.

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 57
Development Control Plan No. 106 (Amendment No. 1), was

ADOPTED BY COUNCIL: 19 April 2011

and

BECAME EFFECTIVE FROM: 11 May 2011

R D Pigg
General Manager
Date: 5 . 5 . 11

Development Control Plan No. 106 Amendment No. 1 – Development on Flood Prone Land 58

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