New South Wales Consolidated Regulations

BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 88

88 Land subject to inundation

(1) Consent shall not be granted to development on land that in the opinion of the consent authority is subject to inundation unless the consent authority is satisfied that the proposed development would not--

(a) adversely impede the flow of flood waters on that land or on land in its immediate vicinity, or

(b) imperil the safety of persons on that land or on land in its immediate vicinity, or

(c) aggravate or be likely to result in erosion, siltation or the destruction of vegetation, or

(d) cause any adverse effect on the water table of the land or of the land in its immediate vicinity.

(2) Nothing in this clause prevents the consent authority granting consent for the carrying out of reasonable repairs to, renovation of, alterations to, extensions to, additions to or to a different use of, an existing building, if there will be no resulting increase in flood risk on the land concerned or on other land in its immediate vicinity.

(3) The consent authority may, as a condition of consent, require--

(a) the floor level of a building to be at a height sufficient, in its opinion, to prevent the flooding or to reduce the incidence of flooding of that building or of adjoining land in its immediate vicinity, and

(b) any portion of a building or structure below the height set in accordance with paragraph (a) to be built from flood compatible materials.