New South Wales Consolidated Regulations

WOLLONGONG LOCAL ENVIRONMENTAL PLAN 1990 - REG 26

26 Development in flood prone land

(1) Notwithstanding any other provisions of this plan, the Council may refuse consent to the carrying out of any development on flood prone land where, in its opinion, the development may:

(a) be inconsistent with any interim flood policy adopted by the Council in accordance with the principles contained in the Manual entitled Floodplain Development Manual dated December 1986 (Reference No PWD 86010) and published by the NSW Public Works Department or any floodplain risk management plan adopted by the Council in accordance with the Manual entitled Floodplain Management Manual dated 2001 (as published by the NSW Government), or

(b) detrimentally increase the potential effect of floods on other land or land uses, or

(c) result, to a substantial degree, in an increased risk to human life, or

(d) be likely to result in additional economic and social cost which could not reasonably be managed by potentially affected persons and the general community, or

(e) adversely affect the environment of the floodplain by causing avoidable erosion, saltation, unnecessary destruction of river bank vegetation, or a reduction in the stability of the river bank.

(2) For the purposes of this clause, the Council may take into consideration the nature of flood hazards, the necessity and the capacity to evacuate persons, and the consequence and suitability of any proposed development.