81Flood liable land

81 Flood liable land

81 Flood liable land

(1) A person shall not subdivide land or build or carry out a work on flood liable land except with development consent.

(2) Consent must not be granted to the subdivision of, or to the erection of a building or the carrying out of a work on, flood liable land if, in the opinion of the Council, the subdivision, building or work would be likely—

(a) to impede the flow of flood waters on that land or land within its immediate vicinity, or

(b) to imperil the safety of persons or to cause damage to property on the land or land within its immediate vicinity in the event of those lands being inundated by floodwaters, or

(c) to aggravate the consequences of floodwaters flowing on to that land or land within its vicinity with regard to erosion, siltation or the destruction of vegetation, or

(d) to have an adverse effect on the water table of that land or of land within its immediate vicinity, or

(e) to cause pollution or contamination of floodwaters or land as a result of inundation by floodwaters.

(3) Consent shall not be granted to development on flood liable land unless the consent authority has taken into consideration the cumulative impact of development on flooding within the area.

(4) Before granting an application for development consent, the consent authority shall consider the possible effects of floods in excess of the flood planning level and the significance of the risk proposed by larger floods to the development.