21   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 likely to be subject to a 1 per cent probability flood, except with the consent of the Council.

(2)  The Council may refuse consent to the carrying out of any development on land to which this plan applies which, in its opinion, will:

(a)  detrimentally affect the flood level at any point upstream or downstream of the development,

(b)  increase, to a detrimental degree, the flow of floodwater on any adjoining land,

(c)  cause soil erosion, siltation or destruction of river bank vegetation, or adversely affect river bank stability,

(d)  affect the water table of any adjoining land, or

(e)  be adversely affected by inundation or likely structural damage from floodwaters.

(3)  The Council shall not consent to the subdivision of land to which this clause applies within Zone No 1 (a), 1 (b), 1 (c) or 1 (v) unless there is, in the opinion of the Council, sufficient land within each allotment in the subdivision, for the purposes of erecting a dwelling-house, above the 1 per cent probability flood line and flood free access is provided to that dwelling-house site.

(4)  For the purposes of this clause, the Council shall determine the position of the 1 per cent probability flood line from information supplied by the Department of Water Resources, the Department of Public Works or other sources as determined by the Council.