New South Wales Consolidated Regulations

BYRON LOCAL ENVIRONMENTAL PLAN 2014 - REG 6.3

6.3 Flood planning

(1) The objectives of this clause are as follows--

(a) to minimise the flood risk to life and property associated with the use of land,

(b) to allow development on land that is compatible with the land's flood hazard, taking into account projected changes as a result of climate change,

(c) to avoid significant adverse impacts on flood behaviour and the environment.

(2) This clause applies to land at or below the flood planning level.

(3) Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development--

(a) is compatible with the flood hazard of the land, and

(b) will not significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and

(c) incorporates appropriate measures to manage risk to life from flood, and

(d) will not significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and

(e) is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

(4) In determining a development application for development at or below the future flood planning level, the consent authority must, in addition to the matters referred to in subclause (3), also consider the following matters--

(a) the proximity of the development to the current flood planning area,

(b) the intended design life and scale of the development,

(c) the sensitivity of the development in relation to managing the risk to life from any flood,

(d) the potential to modify, relocate or remove the development.

(5) A word or expression used in this clause has the same meaning as it has in the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government in April 2005, unless it is otherwise defined in this clause.

(6) In this clause--

"flood planning area" means the area of land that is at or below the flood planning level.

"flood planning level" means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard.

"future flood planning level" means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard, plus allowances for projected climate change to the year 2100.