A proposal for new development (other than minor development) within the potential flood inundation area of a controlled reservoir41, as shown on the Strategic Flood Maps, will only be permitted where:
- The applicant can demonstrate the condition, management and maintenance regime of the controlled reservoir is appropriate to provide assurance regarding reservoir safety, so as to enable the development to proceed; or
- Where assurance on the condition, management and maintenance regime of the relevant reservoir/s is not demonstrated, the application is accompanied by a Flood Risk Assessment, or other analysis, which assesses the downstream flood risk in the event of an uncontrolled release of water due to reservoir failure as being acceptable to enable the development to proceed.
Where the proposal is for the replacement of an existing building and the assurance on the condition, management and maintenance regime of the relevant reservoir/s is not demonstrated, permission will only be granted where the applicant has demonstrated that there is no material increase in the flood risk to the development or elsewhere.
There will be a presumption against development within the potential flood inundation area of a controlled reservoir for proposals that include either:
- essential infrastructure (such as emergency services, transport or utilities);
- storage of hazardous substances;
- bespoke accommodation for vulnerable groups.