New South Wales Consolidated Regulations

SHOALHAVEN LOCAL ENVIRONMENTAL PLAN 1985 - REG 29

29 Development of flood liable land

(1) Subject to subclause (2), the Council must not consent to the carrying out of development on land which, in its opinion, is flood liable.

(2) The Council may consent to the carrying out of development on flood liable land if:

(a) the development is for a purpose ancillary or incidental to the use of land for the purpose of agriculture, or

(b) the development comprises the extension or alteration of an existing dwelling-house, or

(c) the land is in any urban zone under this plan, or

(d) the Council has received a flood assessment report, in relation to the land, that addresses each of the matters referred to in subclause (3), and the Council is of the opinion that the development is feasible despite the land being flood liable.

(3) In considering an application to which subclause (2) applies, the Council must make an assessment of:

(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 which 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, and

(e) the likely increased demand for assistance from emergency services during a flood.

(4) In granting consent to a development application made pursuant to subclause (2), the Council may impose conditions that set floor levels, require filling, structural changes or additions or require other measures to mitigate the effects of flooding or assist in emergency situations.