PENRITH LOCAL ENVIRONMENTAL PLAN 2010 - REG 7.2 Flood planning

PENRITH LOCAL ENVIRONMENTAL PLAN 2010 - REG 7.2

7.2 Flood planning

(1) The objectives of this clause are as follows--

(a) to minimise the flood risk to life and property associated with the use of the land,

(b) to limit uses to those compatible with flow conveyance function and flood hazard,

(c) to manage uses to be compatible with flood risks,

(d) to enable safe and effective evacuation of land,

(e) to ensure the existing flood regime and flow conveyance capacity is not compromised,

(f) to avoid detrimental effects on the environment that would cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or waterways.

(2) This clause applies to the following land--

(a) land at or below the flood planning level,

(b) land identified as "Flood planning land" on the Clause Application Map .

(3) Development consent is required for any development on land to which this clause applies.

(4) Development consent must not be granted for development on land that is at or below the flood planning level unless the consent authority is satisfied that the development--

(a) is compatible with the flood hazard of the land, and

(b) if located in a floodway, is compatible with the flow conveyance function of the floodway and the flood hazard within the floodway, and

(c) is not likely to adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and

(d) is not likely to significantly alter flow distributions and velocities to the detriment of other properties or the environment, and

(e) is not likely to adversely affect the safe and effective evacuation of the land and the surrounding area, and

(f) is not likely to significantly detrimentally affect the environment or cause avoidable erosion, destruction of riparian vegetation or affect the restoration and establishment of riparian vegetation, or a reduction in the stability of river banks or waterways, and

(g) is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding, and

(h) incorporates appropriate measures to manage risk to life from flood, and

(i) is consistent with any relevant floodplain risk management plan.

(5) Development consent must not be granted for development on land identified as "Flood planning land" on the Clause Application Map , unless the consent authority is satisfied that the development will not adversely affect the safe and effective evacuation of the land and the surrounding area.

(6) A word or expression used in this clause has the same meaning as it has in the NSW Government's Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government in April 2005, unless it is otherwise defined in this clause.

(7) In this clause--


"flood planning level" means the level of a 1:100 ARI (average recurrence interval) flood event plus 0.5 metres freeboard.