New South Wales Consolidated Regulations

TALLAGANDA LOCAL ENVIRONMENTAL PLAN 1991 - REG 29

29 Flood liable land

(1) A person shall not erect a building or carry out a work for any purpose on flood liable land except with the consent of the Council.

(2) The Council may consent to an application for the erection of a dwelling-house on a site which includes flood liable land or land that, in the opinion of the Council, is liable to flooding, providing any floor of any building to be erected on that site in accordance with that consent will not be less than 0.6 metres above the level which, at the time of granting development consent, is the highest known flood level in relation to that site.

(3) The Council may consent to an application for the erection of a building or the carrying out of a work on flood liable land or land that in the opinion of the Council is liable to flooding provided:

(a) the Council is satisfied that:

(i) the development would not unduly restrict the flow of floodwaters,

(ii) the development would not unduly increase the level of flooding on other land in the vicinity, and

(iii) the structural characteristics of any building or works the subject of the application are capable of withstanding flooding, and

(b) satisfactory arrangements are made for access to the building or work during a flood.