Subdivision 9 Development standards for particular land

3A.37   Development standards for bush fire prone land

(1)  This clause applies:

(a)  to all development specified for this code that is to be carried out on a lot that is wholly or partly bush fire prone land (other than development that is the erection of a farm building that is more than 10m from any dwelling house, landscaping, a non-combustible fence or a swimming pool), and

(b)  in addition to all other development standards specified for this code.

(2)  The development may be carried out on the lot only if:

(a)  the development conforms to the specifications and requirements of the following that are relevant to the development:

(i)  Planning for Bush Fire Protection (ISBN 0 9751033 2 6) published by the NSW Rural Fire Service in December 2006,

(ii)  Addendum: Appendix 3 (ISBN 0 9751033 2 6, published by NSW Rural Fire Service in 2010) to Planning for Bush Fire Protection (ISBN 0 9751033 2 6),

(iii)  if another document is prescribed by the regulations for the purposes of section 79BA of the Environmental Planning and Assessment Act 1979—that document, and

(b)  the part of the lot on which the development is to be carried out and any associated access way is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ), and

(c)  the lot has direct access to a public road or a road vested in or maintained by the council, and

(d)  the development is located within 200m of that road, and

(e)  there is sufficient access designed in accordance with the acceptable solutions identified in clause 4.1.3 (2) of Planning for Bush Fire Protection (ISBN 0 9751033 2 6) published by the NSW Rural Fire Service in December 2006, and

(f)  a 20,000L water supply with 65mm metal Storz outlet with a gate or ball valve is provided for fire fighting purposes on the lot (the gate or ball valve, pipes and tank penetrations are to be designed to allow for a full 50mm inner diameter water flow through the Storz fitting and must be of a metal construction), and

(g)  reticulated or bottled gas on the lot is installed and maintained in accordance with AS/NZS 1596:2008, The storage and handling of LP Gas and the requirements of relevant authorities (metal piping must be used), and

(g)  all fixed gas cylinders on the lot are located at least 10m from flammable materials and are enclosed on the hazard side of the installation, and

(h)  any gas cylinders on the lot that are within 10m of a dwelling house:

(i)  have the release valves directed away from the dwelling house, and

(ii)  have metal connections to and from the cylinders, and

(i)  there are no polymer sheathed flexible gas supply lines to gas meters adjacent to the dwelling.

Note. The requirements of AS 3959—2009, Construction of buildings in bushfire-prone areas set out in the Building Code of Australia also apply.

(3)  A standard specified in subclause (2) (b) is satisfied if one of the following certifies that the development is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ):

(a)  until 25 February 2012—the NSW Rural Fire Service, or

(b)  a person who is recognised by the NSW Rural Fire Service as a suitably qualified consultant in bush fire risk assessment, or

(c)  the council.

Note. More information about the categories of bush fire attack, including the flame zone, can be found in Table A3.4.2 of Addendum: Appendix 3 (ISBN 0 9751033 2 6 and published by NSW Rural Fire Service in 2010) to the publication titled Planning for Bush Fire Protection (ISBN 0 9751033 2 6) published by NSW Rural Fire Service in 2006.

3A.38   Development standards for flood control lots

(1)  This clause applies:

(a)  to all development specified for this code that is to be carried out on a flood control lot, and

(b)  in addition to all other development standards specified for this code.

(2)  The development must not be on any part of a flood control lot unless that part of the lot has been certified, for the purposes of the issue of the relevant complying development certificate, by the council or a professional engineer who specialises in hydraulic engineering as not being any of the following:

(a)  a flood storage area,

(b)  a floodway area,

(c)  a flow path,

(d)  a high hazard area,

(e)  a high risk area.

(3)  The development must, to the extent it is within a flood planning area:

(a)  have all habitable rooms no lower than the floor levels set by the council for that lot, and

(b)  have the part of the development at or below the flood planning level constructed of flood compatible material, and

(c)  be able to withstand the forces of floodwater, debris and buoyancy up to the flood planning level (or if on-site refuge is proposed, the probable maximum flood level), and

(d)  not increase flood affectation elsewhere in the floodplain, and

(e)  have reliable access for pedestrians and vehicles from the development, at a minimum level equal to the lowest habitable floor level of the development, to a safe refuge, and

(f)  have open car parking spaces or carports that are no lower than the 20-year flood level, and

(g)  have driveways between car parking spaces and the connecting public roadway that will not be inundated by a depth of water greater than 0.3m during a 1:100 ARI (average recurrent interval) flood event.

(4)  A standard specified in subclause (3) (c) or (d) is satisfied if a joint report by a professional engineer who specialises in hydraulic engineering and a professional engineer who specialises in civil engineering confirms that the development:

(a)  can withstand the forces of floodwater, debris and buoyancy up to the flood planning level (or if on-site refuge is proposed, the probable maximum flood level), or

(b)  will not increase flood affectation elsewhere in the floodplain.

(5)  If a word or expression used in this clause is defined in the Floodplain Development Manual, the word or expression has the same meaning as it has in that Manual unless it is otherwise defined in this clause.

(6)  In this clause:

flood compatible material means building materials and surface finishes capable of withstanding prolonged immersion in water.

Floodplain Development Manual means the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government in April 2005.

flow path means a flow path identified in the council’s flood study or floodplain risk management study carried out in accordance with the Floodplain Development Manual.

high hazard area means a high hazard area identified in the council’s flood study or floodplain risk management study carried out in accordance with the Floodplain Development Manual.

high risk area means a high risk area identified in the council’s flood study or floodplain risk management study carried out in accordance with the Floodplain Development Manual.