New South Wales Consolidated Regulations

HASTINGS LOCAL ENVIRONMENTAL PLAN 1987 - REG 23

23 Flood prone land

(1) This clause applies to land shown by diagonal hatching on the map.

(2) The Council shall not consent to development of any land to which this clause applies unless a survey to identify the 1 in 100 year flood level has been undertaken and completed.

(3) Notwithstanding any other clause in this plan:

(a) where land within Zone No 1 (a1) or 1 (a3) is identified as being below the 1 in 100 year flood level, the zone objectives, development control table and any special provisions relating to land within Zone No 1 (a2) shall apply to that land, and

(b) where land within Zone No 2 (a1) is identified as being below the 1 in 100 year flood level, or adequate flood free access is not available to that land, the zone objectives, development control table and any special provisions relating to land within Zone No 2 (a2) shall apply to that land, and

(c) development (other than land filling) must not be carried out on land within Zone No 2 (c) or 4 (t) if the level of the land is less than 650mm above the 1 in 100 year flood level, and

(d) where land within Zone No 2 (t), 2 (t2) or 3 (s) is identified as being at less than 800mm above the 1 in 100 year flood level, development must not be carried out on the land unless all habitable floor levels are not less than 800 mm above that level, or are within a ring levee which has its upper lip not less than 800 mm above that level.

(4) Subclause (3) does not prevent a person from obtaining consent in accordance with clause 20A for the filling of land shown on the map as being within Zone No 2 (a1) and diagonally hatched if the filling is for the purposes of:

(a) raising the level of the land above the 1 in 100 year flood level, and

(b) facilitating the grant of a subsequent consent to allow development of the land permitted within that zone.