Shellharbour Rural Local Environmental Plan 2004
40Development on land known to be flood liable
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40 Development on land known to be flood liable
40 Development on land known to be flood liable
(1) Ecologically sustainable development objectives The ecologically sustainable development objectives of this clause are—
(a) to regulate development of the flood plain so as to minimise the hazard to built assets and people, and
(b) to allow for the natural functioning of the flood plain.
(2) What must be included in an assessment by the consent authority? Before granting consent for development on flood liable land, or on land the consent authority considers to be potentially flood liable, the consent authority must make an assessment of the following—
(a) the likely levels, velocity, sedimentation and debris-carrying effects of flooding,
(b) the structural sufficiency of any building the subject of the application and its ability to withstand flooding,
(c) the effect that the development, if carried out, will or is likely to have on the flow characteristics of floodwaters,
(d) whether or not access to the site will be possible during a flood,
(e) the likely increased demand for assistance from emergency services during a flood,
(f) the cumulative impact of development on flooding within the area,
(g) the possible effects on the development of floods in excess of the flood planning level and the significance of the risk to development posed by such floods.
(3) What must the consent authority be satisfied about before granting consent? Before granting consent to the erection of a building or the carrying out of a work on land that is known to the consent authority to be subject to flooding, the consent authority must be satisfied that the proposed development will not—
(a) risk the safety of the community or future occupants, or
(b) increase the community burden from flooding, including flood damage.
(4) Conditions may be imposed on such a consent that set floor levels, require filling, structural changes or other measures to mitigate the effects of flooding or otherwise assist in emergency situations.