No split floor levels: flood-affected alterations and additions

Most councils are now requiring additions to a flood affected property to be at the most recent flood planning level. This frequently results in buildings with split floor levels and awkward design outcomes.

But there is a small group of architects and developers that are pushing back on this. In two NSW Land and Environment Court matters, rulings and agreements have been in favour of using a consistent floor level.

Sketch Design v Manly Council

Comission O’Neill said “the Council’s grim persistenace in insisting that the only way to satisfy the LEP is to construct the ground floor addition at the flood planning level determined for the site by the flood study is a blinkered approach that completely disregards all other constraints.”

Inner West Council v Arnott

The council agreed that a floor level lower than the flood planning level “is an acceptable alternative” because:

• the DCP recognises the need to balance the flood controls with other relevant controls

• the higher floor level would cause unacceptable heritage and town planning impacts

• the proposed floor level reduces the site’s flood risk compared with the existing floor level