New South Wales Consolidated Regulations

WYONG LOCAL ENVIRONMENTAL PLAN 1991 - REG 23

23 Flood prone land

(1) Notwithstanding any other provision of this plan a person shall not erect a building or carry out a work on land which, in the opinion of the Council is, within a flood prone area, other than on land within Zone No 2 (a), 2 (b), 2 (c), 2 (d) or 2 (g), without the consent of the Council.

(2) The Council may, as a condition of its consent to the carrying out of development referred to in subclause (1), require the floor of the building or work to be erected at a height sufficient, in the opinion of the Council, to prevent or reduce the incidence of flooding of that building or work or of adjoining land.

(3) The Council shall take into account as a matter for consideration in determining whether to grant consent as referred to in this clause the effect of the proposed development on flooding.