Part 5 Development controls—flood prone and major creeks land

19   Application of Part

This Part applies to development requiring consent that is carried out on flood prone and major creeks land.

20   Development on flood prone and major creeks land—additional heads of consideration

Consent is not to be granted to the carrying out of development to which this Part applies unless the consent authority has taken the following into consideration:

(a)  whether or not the development will adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties,

(b)  whether or not the development will alter flow distributions and velocities to the detriment of other properties or the environment of the floodplain,

(c)  whether the development will enable safe occupation of the flood prone and major creeks land,

(d)  whether or not the development will detrimentally affect the floodplain environment or cause avoidable erosion, siltation, salinity, destruction of riparian vegetation or a reduction in the stability of the riverbank/watercourse,

(e)  whether or not the development will be likely to result in unsustainable social and economic costs to the flood affected community or general community, as a consequence of flooding,

(f)  whether or not the development is compatible with the flow conveyance function of the floodway,

(g)  whether or not the development is compatible with the flood hazard,

(h)  in the case of development consisting of the excavation or filling of land, whether or not the development:

(i)  will detrimentally affect the existing drainage patterns and soil stability in the locality, and

(ii)  will significantly impact on the likely future use or redevelopment of the land, and

(iii)  will adversely impact on the existing and likely amenity of adjoining properties, and

(iv)  will minimise the disturbance of relics, and

(v)  will adversely impact on any watercourse, drinking water catchment or environmentally sensitive area.

Note. Section 79C of the Act requires other matters to be taken into consideration by a consent authority, including any draft environmental planning instrument that is placed on public exhibition during the precinct planning process for the purpose of including relevant land use and other development controls in Schedule 1.