24Development of flood liable land

24 Development of flood liable land

24 Development of flood liable land

(1) This clause applies to flood liable land.

(2) Notwithstanding any other provision of this plan, a person shall not erect a dwelling-house, or any other building, or carry out filling or construction of levees on land that is flood liable, except with the consent of the council.

(3) The council shall not consent to the erection of a building or the carrying out of a work on flood liable land unless—

(a) the council is satisfied that—

(i) the development would not restrict the flow characteristics of flood waters,

(ii) the development would not increase the level of flooding on other land in the vicinity,

(iii) the structural characteristics of any building or work the subject of the application are capable of withstanding flooding, and

(iv) the building is adequately flood proofed, and

(b) satisfactory arrangements are made for access to the building or work during a flood.

(4) Despite any other provision of this plan, the council may grant consent to development for the purpose of modifying the hydraulic capacity of the Capricornia Canal culvert located on Kallaroo Circuit, Ocean Shores, as shown edged heavy black on the map marked “Byron Local Environmental Plan 1988 (Amendment No 132)”, if the council has considered—

(a) the environmental and ecological impact of the development, and

(b) the impact of the development on water quality in Capricornia Canal and Marshalls Creek and any measures that may be undertaken to avoid any degradation of water quality.

cl 24: Am 2007 (515), cl 4; 2019 No 14, Sch 2.3[3].