22Development on flood affected land

22 Development on flood affected land

22 Development on flood affected land

(1) The consent authority, when considering a development application involving the subdivision of, or the erection or alteration of buildings on, land shown as floodway, high flood risk area, flood fringe area or CBD flood liable on Map 1 (Lismore Flood Hazard Categories) of the Lismore Floodplain Management Plan, must consider the following—

(a) the need for the floor level of the development to be at or above the flood planning level,

(b) the degree of flood-proofing and the need for flood-free storage,

(c) the need for access to the development when the land is flooded,

(d) the cumulative effect of carrying out the development on the functioning of the floodway,

(e) whether the development will increase the risk to life and property and the need for an evacuation plan.

(2) Despite the provisions of Part 3, the consent authority must not grant consent to the erection of a building on land shown as floodway on Map 1 of the Lismore Floodplain Management Plan unless—

(a) the building is for the purpose of providing utility installations or community facilities, or

(b) the building is located within 10 metres of the boundary of the floodway and a hydraulic study has been carried out for the site which shows, to the consent authority’s satisfaction, that the flood impact of the development (including any associated works) will not adversely affect the flood behaviour of, or increase the flooding impacts on, any other land, or

(c) the building is located within the general aviation area of Lismore Regional Airport, as indicated on the map marked “Lismore Regional Airport” in the Lismore Regional Airport Business Strategy Plan dated June 2002, and the development is consistent with that Plan and maintains the cross sectional integrity of the floodway, or

(d) the building is located on an allotment forming part of the concept plan for the airport industrial estate, as indicated on Map 2 (Concept for Development of Airport Land) of the Lismore Floodplain Management Plan.

(2A) Despite the provisions of Part 3, the consent authority must not grant consent to an alteration to an existing building on land shown as floodway on Map 1 of the Lismore Floodplain Management Plan unless all of the following are satisfied—