New South Wales Consolidated Regulations

WOOLLAHRA LOCAL ENVIRONMENTAL PLAN 2014 - REG 6.4

6.4 Limited development on foreshore area

(1) The objective of this clause is to ensure that development in the foreshore area will not impact on natural foreshore processes or affect the significance and amenity of the area.

(2) Development consent must not be granted for development on land in foreshore area 12 unless the development is for the purposes of--

(a) the extension, alteration or rebuilding of an existing building that is wholly or partly in foreshore area 12, or

(b) a boat shed, sea retaining wall, wharf, slipway, jetty, waterway access stairs, swimming pool or fence.

(3) Development consent must not be granted for the purposes of a residential flat building or multi dwelling housing on land in foreshore area 30 unless the development is for the purposes of the extension, addition, alteration or rebuilding of an existing building that is wholly or partly in foreshore area 30.

(4) Development consent must not be granted under subclause (2) or (3) unless the consent authority is satisfied that--

(a) the development will contribute to achieving the objectives for the zone in which the land is located, and

(b) the appearance of any proposed structure, from both the waterway and adjacent foreshore areas, will be compatible with the surrounding area, and

(c) the development will not cause environmental harm such as--

(i) pollution or siltation of the waterway, or

(ii) an adverse effect on surrounding uses, marine habitat, wetland areas, flora or fauna habitats, or

(iii) an adverse effect on drainage patterns, and

(d) the development will not cause congestion of, or generate conflicts between, people using open space areas or the waterway, and

(e) opportunities to provide continuous public access along the foreshore and to the waterway will not be compromised, and

(f) any historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the land on which the development is to be carried out and of surrounding land will be maintained,

(g) in the case of development for the alteration or rebuilding of an existing building wholly or partly in the foreshore area--the alteration or rebuilding will not have an adverse impact on the amenity or aesthetic appearance of the foreshore.

(5) In deciding whether to grant development consent for development under this clause, the consent authority must consider whether and to what extent the development would encourage the following--

(a) continuous public access to and along the foreshore through or adjacent to the proposed development,

(b) public access to link with existing or proposed open space,

(c) public access to be secured by appropriate covenants, agreements or other instruments registered on the title to land,

(d) public access to be located above the mean high water mark,

(e) the reinforcing of the foreshore character and respect for existing environmental conditions.

(6) In this clause--

"foreshore area 12" means the land that is between a line that is landward of, and surveyed by a registered surveyor as being 12 metres from, the mean high water mark of the nearest natural waterbody shown on the Foreshore Building Line Map and that mean high water mark.

"foreshore area 30" means the land that is between a line that is landward of, and surveyed by a registered surveyor as being 30 metres from, the mean high water mark of the nearest natural waterbody shown on the Foreshore Building Line Map and that mean high water mark.