6mo saving on a commercial DA

Flooding and Industrial Buildings – how to save 6mo by using a CDC instead of a DA

The NSW Exempt and Complying Development SEPP has special section for Industrial and Business Buildings.

Clause 5A.6K provides the flooding requirements.

Because industrial sites are often quite large, its common for only a portion of it to be flood affected.

But this does not preclude a CDC.

Correct interpretation of this clause can open up a range of hidden development opportunities.

The key criteria to meet are:

1.     The proposed building needs to be mostly clear of the 100-year flood—some limited flooding is ok

2.     Vehicle access to the building must not be flooded deeper than 0.3m

3.     No open parking spaces lower than 5%AEP (20-year flood)

Importantly, there are no controls in the clause relating to floor levels for business and industrial buildings (only for a dwelling house).

In this (real) example, the two main buildings can me made eligible for a CDC (despite flooding on the site) with some simple but creative design:

a CDC saved the developer at least 6 months on a complex DA.

Taking a CDC path on a flood-affected site requires a little design flexibility but can be a good option if you or your client need to go fast.

If you ever get a flood-affected site and have some questions around what hidden opportunities might exist, please let me know. One of us would be happy to take a look and answer any questions.