Penrith Local Environmental Plan 1998 (Urban Land)
32Flood liable land
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32 Flood liable land
32 Flood liable land
(1) The council must not consent 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.
(2) The council must not consent to an application to carry out any development (other than flood mitigation works or drains) which in its 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 lands, or
(b) increase the potential 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 the 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.
(3) In considering any application for consent the council shall have regard to the need for safe access to the site of the proposed development should it become flooded.