New South Wales Consolidated Regulations

WINGECARRIBEE LOCAL ENVIRONMENTAL PLAN 1989 - REG 34

34 Potentially flood affected land

(1) In this clause, "land potentially affected by flooding" means land that the Council considers is subject to a one percent probability flood event.

(2) For the purposes of this clause, a one percent probability flood event means the flood resulting from rainfall falling on a catchment equal to the 1 in 100 year Design Rainfall as derived from Australian Rainfall and Runoff , revised edition 1987, published by The Institution of Engineers, Australia.

(3) The Council may consent to the carrying out of development on land potentially affected by flooding only after it has made an assessment of:

(a) the extent and nature of the flood characteristics of the land,

(b) the likely effect that the development will have on flood behaviour, including the flood peak at any point upstream or downstream of the site of the proposed development and the flow distribution of floodwater over adjoining land,

(c) the risk of increase of the flood hazard or flood damage to any property that may arise from the proposed development,

(d) the impact of the proposed development in terms of erosion, siltation and riverbank stability,

(e) the structural sufficiency of any building the subject of the application for consent and its ability to withstand flooding,

(f) the effect of the proposed development on the water table in the locality,

(g) whether or not vehicular and pedestrian access to the site will be possible during a flood up to the level of a one percent probability flood event, and whether at least pedestrian access will be available to the site during a flood that exceeds the level of a one percent probability flood event,

(h) whether the proposed development is likely to increase demand for assistance from emergency services during a flood,

(i) the safety of buildings or works that will result from carrying out the proposed development and any of their occupants in time of flood, including matters relating to safe evacuation,

(j) the effect of the proposed development on the capacity of floodways, as defined in the Council’s Floodplain Management Policy,

(k) the provisions of the Council’s Floodplain Management Policy that relate to the proposed development,

(l) the impact of flooding on on-site effluent disposal areas, wherever relevant, and

(m) the likelihood of any conflict with a water supply system including inter-basin transfers.

(4) The Council may decline to grant such a consent until it has considered such relevant information, data and reports as the Council considers necessary.

(5) When granting an application for consent required by this clause, the Council may impose conditions that require filling, structural changes or additions or such other flood proofing measures to reduce the effects of flooding or to assist in emergency situations as are appropriate.

(6) The Council must make copies of the Council’s Floodplain Management Policy available for inspection at the office of the Council during its office hours.