New South Wales Repealed Regulations

This legislation has been repealed.

PENRITH LOCAL ENVIRONMENTAL PLAN 2002 (VILLAGES OF MULGOA AND WALLACIA) - REG 17

17 Flood liable land

(1) The objective of this clause is to control development on land which may be flood prone.

(2) Consent must not be granted to the carrying out of any development on or adjacent to flood liable land unless the provisions of any Council policy for the development of flood liable land have been taken into consideration by the consent authority.

(3) Consent must not be granted to the carrying out of any development (other than flood mitigation works or drains) on land which will be inundated as a result of a 1% AEP flood event which, in the consent authority's opinion, will significantly:

(a) adversely affect potential flood behaviour, including the flood peak at any point upstream or downstream of the proposed development or the flow of floodwater on adjoining land, or

(b) increase the potential of flood hazard or flood damage to property, or

(c) cause erosion, siltation or destruction of riverbank vegetation in the locality, or

(d) affect the water table on any adjoining land, or

(e) affect riverbank stability, or

(f) affect the safety of the proposed development in time of flood, or

(g) restrict the capacity of a floodway, or

(h) increase the need for the Council, the State Emergency Service or any other Government agency to provide emergency equipment, personnel, welfare facilities or other resources associated with an evacuation resulting from flooding, or

(i) increase the risk to life and personal safety of emergency services and rescue personnel, or

(j) redistribute flows across the floodplain.

(4) The erection of a building or the carrying out of a work for the purpose of an essential community service is prohibited on land below the PMF level.

(5) Before granting consent for the development of land that is below the PMF level, the consent authority must have regard to a merit based assessment undertaken in accordance with the principles and guidelines set out in the NSW Government's Floodplain Management Manual (January 2001) or any document approved by the Director-General as replacing that document.

(6) Consent must not be granted to the carrying out of any development (other than flood mitigation works or drains) on land which is below the PMF unless the consent authority has considered a flood damage assessment for the proposed development and is satisfied that the flood risk has been minimised.

(7) In this clause, "PMF" means the probable maximum flood last recorded at the office of the Council for the purposes of this plan.