Natural Disaster Recovery - Building and Temporary Accommodation

Ballina Shire Council understands that when natural disasters such as flooding, tornadoes, waterspouts, or bushfires occur, members of our community can be severely affected. We recognise that recovery can take time and be a challenging process.

To support our residents, Council has prepared information on house raising and repair works, as well as options for temporary accommodation for those displaced from their homes due to disaster-related damage

Repair Works 

In most cases people who need to complete repair works to their homes internally and externally following a natural disaster event can generally do so without consent from Council. This type of work is Exempt Development under the State Environmental Planning and Policy (Exempt and Complying Development code) 2018. 

Repair works means repairing or replacing damaged or deteriorated materials with new similar materials.

Repairs to natural disaster damaged buildings do not include internal alterations (ie. a change to the internal layout of walls or rooms) or external additions to the footprint of the building. 

Where additional works are proposed to be undertaken at the same time, development consent must still be obtained before those works commence.

Re-stumping

Re-stumping of a dwelling can be carried out as Exempt Development, provided it does not raise the floor level of the building.

However, people who are considering lifting their dwelling in an effort to prevent floodwater damaging their homes in the future must first seek development consent from Council by lodging a development application.

House raising

There are a number of options for Ballina Shire residents when raising their homes. All house raising works will require development consent to be obtained prior to the work being done.

• Raise the existing dwelling to the minimum required floor level as determined in Council’s Floodplain Management or Chapter 2B of the Development Control Plan(PDF, 6MB) . In urban areas, this may involve raising an existing older timber building by approximately a metre or less. In rural areas buildings will most likely need to be raised higher than this.
• Raise the existing dwelling to a level whereby a new storey is created underneath the existing dwelling. This allows for a garage, laundry and entry to be located below the minimum required floor level. In this case only 50m2 is permitted to be enclosed on the ground floor and it must be constructed with flood compatible materials and methods of construction.
• Build a second storey on top of the existing dwelling. The lower level can be maintained as is and form part of the overall dwelling, however it is advisable the existing linings and services be replaced with flood compatible materials and methods of construction. Alterations to the existing dwelling below the minimum required floor level may be limited in area, depending on the extent of the works.
• Demolish the existing dwelling and build a new dwelling on the site. In this situation, the site is regarded as being a vacant site. In urban areas of Ballina, the whole allotment is to be filled to the minimum required fill level with the floor level of the new dwelling to be 500mm above the flood planning level. In rural areas, the site of the building and an area 3m wide around it is to be filled to the minimum required fill level. In most areas of the Wardell village, new buildings can be of elevated construction without site filling.

When house raising is undertaken it is necessary for the dwelling to comply with the relevant planning controls including those relating to the maximum permitted height. Council must also consider any potential amenity impacts on other properties.

Flood planning levels

Property owners can seek further information on the minimum required fill and floor level for their property by emailing the property details to pehd@ballina.nsw.gov.au. A written enquiry fee applies (refer to Council's Fees and Charges).

Council does not provide levels for the existing ground level or for the water level that was reached by any floods.

House raising and buyback programs

Please note Council’s floodplain management planning does not include a program for voluntary house raising or house buybacks relating to flood mitigation. Therefore, there is no application process for these types of programs in Ballina Shire.

These types of programs may be considered across the flood affected areas in the region. However, due to the complex and widespread nature of the Ballina floodplain, we cannot be certain that they will ultimately be applied in Ballina Shire.

Further assistance

If you need further advice as to whether or not you need to obtain development consent, please seek further guidance from the Building Services team at dutybuilding@ballina.nsw.gov.au.

The Development Application process is completed via the NSW Planning Portal where the application will require supporting documents and plans to be assessed.

More information on Floodplain Management can be sought through Chapter 2B of the Ballina Shire Council Development Control Plan.

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Emergency Temporary Accommodation - Installation of a Moveable Dwelling

Residents displaced from their homes following a declared natural disaster (or similar) can install a movable dwelling, such as a caravan, on their land without Council’s approval for up to two years. This is permitted under the Local Government (Manufactured Homes Estates, Caravan Parks, Camping Grounds and Movable Dwellings) Regulation 2021.

A moveable dwelling may include a tent, caravan or van or other portable device (whether on wheels or not), used for living in. This flexibility is designed to help residents stay on their property while repairing or rebuilding their homes after a disaster. On flood-prone land, manufactured homes should only be used if they can be easily moved in an emergency.

Example: Peter and Sue’s home was badly damaged in a bushfire. While they repair or rebuild, they can live in a moveable dwelling, like a caravan, on their own land, or on land owned by neighbours, friends, or family (with the owner’s permission). They can do this for up to two years without Council approval. If they need to stay longer than two years, they must apply to Council for approval.

 

Should you require further information or wish to discuss the above, please contact Council’s Development Services team on 6686 1254.

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Resources

• Building Back Northern Rivers - a guide to understanding development approvals to support flood recovery(PDF, 2MB)
• House Raising and Flood Repairs Factsheet(PDF, 805KB)
• Northern Rivers Reconstruction Program - NSW Government website
• Flood Recovery website - Ballina Shire Council
• Building and Planning Advice website - Ballina Shire Council