4.3.2. Development Control Plan

(l) hostels, (m) information and education facilities, (n) respite day care centres, (o) seniors housing, (p) sewerage systems, (q) tourist and visitor accommodation, (r) water supply systems. 4.3.2.Development Control Plan Development Control Plans (DCPs) are used by Councils to guide development according to the aims of the corresponding LEP. Development in Urana, Morundah, Boree Creek, Oaklands and Rand is currently subject to controls documented in the Urana Shire Development Control Plan 2011. Section F1 of the Urana Shire DCP pertains to flood prone land, defined as the land identified on the Flood Planning Map (contained within the Urana LEP 2011, produced in the 2002 study (Reference 10). After the NSW Government’s Flood Prone Land Package commenced on 14th July 2021, the Flood Planning Map has been repealed from the LEP. The following are noted from the Urana Shire DCP 2011: 4.3.2.1. Urana DCP 2011 Residential Dwellings (Rural and Village Zones) • Residential dwellings must not be constructed on flood prone land within a Village Zone without access to a public road which remains trafficable to light vehicles during a flood; • The floor level of all habitable rooms of any dwelling in rural or village zones shall be in accordance with the flood planning level (i.e. 500 mm freeboard above the 1:100 ARI); • The subfloor area may be utilised for garage, storeroom (or similar), but is not permitted to have any facilities such as sinks, wash troughs, basins, toilets, and baths or shower recesses installed; • The sewer relief gully to dwellings will not be located below the 1:100 ARI. In rural zones effluent disposal systems are to be designed to avoid flooding so as not to cause pollution during flood events; • All structural elements below the FPL are to be designed by a qualified practising structural engineer to withstand the impact of flooding. Any part of a dwelling below the flood planning level will be constructed using materials that are flood compatible; • Subdivision of village zoned land within the floodplain for the purpose of erecting a dwelling house will require a minimum 550 m2 of vacant land within each allotment that meets the flood planning standard and has direct vehicular access to a public road. Caravan parks Caravan parks are considered to be a ‘residential’ land use and will be considered on merit. Development of caravan parks on flood prone land must demonstrate that “permanent, fail-safe, DRAFT FOR PUBLIC EXHIBITION maintenance free measures are incorporated in the development to ensure the timely, orderly and safe evacuation of people from the park area should flooding occur…any annexes and movable dwellings must be able to be dismantled and removed within 24 hours.”

Commercial and Special Use Developments

The Urana Shire DCP 2011 states that no commercial development nor ‘special use developments’ (such as schools, halls, churches and other facilities used for emergency purposes during periods of flood) are permitted on land below the flood planning level (i.e. within the flood planning area). It is noted that the placement of ‘special use development’, i.e. those with critical roles or vulnerable occupants, outside the FPA is consistent with Planning Circular PS 07-003 (see Section 4.2.3.2). Industrial and Public Utilities Applications for industrial developments on flood prone land will be treated on their merits, and all portions of any industrial building located below the FPL are to be constructed using flood compatible materials. The DCP states that ‘Public utility services are to be designed where possible to avoid flood impacts.’ Open space and recreation facilities Land below the flood planning level may be developed for open space or recreational facilities (on merit). Agriculture There are no flood planning controls noted specifically for agricultural land uses. 4.3.2.2. Consistency with Corowa Development Control Plan Generally following the amalgamation of two or more Councils, the newly formed Council is required to produce a DCP that can be used across the new LGA consistently. From Table 9 of the ‘Guidance for merged councils on planning functions’ (May 2016): In the longer term, new councils need to prepare and amalgamated development control plan that brings together the different DCPs from the individual councils. A new DCP must be developed so that only one plan applies to any site in the council area. This provides an opportunity for a new council to simplify and develop controls that can be used in an e-Planning environment so that clauses: • Define the spatial area they apply to; or • Define the types of development they apply to. This approach allows systems to be developed where users can ask what planning controls are applicable based on where they propose development and what type of development it is. (cited from https://www.planning.nsw.gov.au/-/media/Files/DPE/Guidelines/guidance-for-mergedcouncils-on-planning-functions-2016-05.ashx) At the time of writing, Council had engaged GHD Pty Ltd to undertake the Comprehensive Land Use Strategy and Local Environmental Plan (LEP) for Federation Council. Included in this scope DRAFT FOR PUBLIC EXHIBITION is the preparation of a DCP that will apply consistently across the entire Federation Council LGA, and supersede the individual DCPs (Urana Shire DCP 2011 and Corowa DCP 2013). Where appropriate, any recommendations pertaining to flood related development controls arising from this Floodplain Risk Management Study and Plan will ultimately be incorporated into the development of the Comprehensive Federation Council DCP.