New South Wales Consolidated Regulations

WOLLONGONG CITY CENTRE LOCAL ENVIRONMENTAL PLAN 2007 - REG 33A

33A Development on flood prone land

(1) The objectives of this clause are:

(a) to maintain the existing flood regime and flow conveyance capacity, and

(b) to enable safe occupation of flood prone land, and

(c) to avoid significant adverse impacts upon flood behaviour, and

(d) to avoid significant adverse effects on the floodplain environment that would cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of the river bank or watercourse, and

(e) to limit uses to those compatible with flow conveyance function and flood hazard.

(2) Before determining an application for consent to carry out development on flood prone land, the consent authority must consider:

(a) the impact of that development on:

(i) flood behaviour, including the flood peak at any point upstream or downstream of the site of the development, and

(ii) the flow of floodwater on adjoining lands, and

(iii) the flood hazard or risk of flood damage to property and persons, and

(iv) erosion, siltation or destruction of riparian vegetation in the area, and

(v) the water table on any adjoining land, and

(vi) riverbank stability, and

(vii) the safety in time of flood of the site of the development and of any buildings or works intended to be erected or carried out, and

(viii) the hydraulic capacity of flood prone land in the locality, and

(ix) the provision of emergency equipment, personnel, welfare facilities or other resources that might be needed for an evacuation resulting from flooding, and

(x) the risk to life and personal safety of any emergency service and rescue personnel who might be involved in any such evacuation, and

(xi) the cumulative impact of further development on flooding, and

(xii) the potential for pollution during flooding, and

(b) the impact that flooding will have on the proposed development, including the flood liability of access to the site of the proposed development, and

(c) the provisions of any floodplain management plan adopted by the Council that apply to the land.