Lake Macquarie Local Environmental Plan 2004
32Flood prone land
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32 Flood prone land
32 Flood prone land
(1) Despite any other provision of this plan, a person must not erect a structure or carry out a work on flood prone land without development consent.
(2) Before granting consent required by this clause, the consent authority must—
(a) consider the contents of any flood management plan or development control plan applying to the land that has been prepared in accordance with the principles contained in the flood management manual, which is available from the office of the Council, and
(b) be satisfied that to carry out the development in accordance with the consent would be consistent with flood hazard and levels of risk that are acceptable to the community.
(3) The consent authority may, by a condition of consent to the carrying out of development referred to in subclause (1), require all floors or levels of the structure or work to be at a height sufficient, in the opinion of the consent authority, to prevent or reduce the incidence of flooding of that structure or work, or of adjoining land.