26Development in flood prone land

26 Development in flood prone land

26 Development in flood prone land

(1) Notwithstanding any other provisions of this plan, the Council may refuse consent to the carrying out of any development on flood prone land where, in its opinion, the development may—

(a) be inconsistent with an FRM plan, within the meaning of the Flood Risk Management Manual, or other flood policy adopted by the Council, or

(b) detrimentally increase the potential effect of floods on other land or land uses, or

(c) result, to a substantial degree, in an increased risk to human life, or

(d) be likely to result in additional economic and social cost which could not reasonably be managed by potentially affected persons and the general community, or

(e) adversely affect the environment of the floodplain by causing avoidable erosion, saltation, unnecessary destruction of river bank vegetation, or a reduction in the stability of the river bank.

(2) For the purposes of this clause, the Council may take into consideration the nature of flood hazards, the necessity and the capacity to evacuate persons, and the consequence and suitability of any proposed development.

(3) In this clause—

Flood Risk Management Manual means the Flood Risk Management Manual, ISBN 978-1-923076-17-4, published by the NSW Government in June 2023.

cl 26: Subst 6.5.1994. Am 15.7.1994. Rep 5.11.1999. Ins 2006 (193), Sch 1 [29]. Am 2008 (571), Sch 3.194 [9]; 2023 (609), Sch 2.28[1] [2].