New South Wales Repealed Regulations

This legislation has been repealed.

PARRAMATTA LOCAL ENVIRONMENTAL PLAN 2001 - REG 32

32 Foreshore building line

(1) A foreshore building line applies for the purposes of this plan and is located on land to which this plan applies at a distance of 30 metres from the mean high water mark for land fronting the Parramatta River and the Duck River as shown by a broken black line marked "FBL" on the zoning map.

(2) The consent authority may grant consent for a building despite any foreshore building line where the levels, depth or other exceptional features of the site make it expedient to do so.

(3) With the consent of the consent authority, an existing building that has been erected wholly or partly on land affected by a foreshore building line may be extended, altered or rebuilt. The building as extended, altered or rebuilt shall not, in the opinion of the consent authority, have an adverse impact on the amenity or aesthetic appearance of the foreshore.

(4) A person may, with the consent of the consent authority, erect:

(a) boat sheds, or

(b) sea retaining walls, or

(c) wharves, slipways, jetties, or

(d) waterway access stairs, or

(e) swimming pools, or

(f) fences, or

(g) provide picnic facilities, cycleways or walking trails.

(5) Except as provided by subclauses (2)-(4), a building shall not be erected on any land to which this plan applies between a foreshore building line and mean high watermark of the nearest bay or river.

(6) Before granting consent to development referred to in subclauses (2)-(4), the consent authority shall take into consideration the following matters:

(a) the appearance of the development from both the waterway and adjacent foreshore areas,

(b) whether the development will cause pollution or siltation of the waterway,

(c) whether the development will have any adverse effect on surrounding uses, marine habitat, wetland areas, flora or fauna habitats,

(d) whether the development will have an adverse effect on drainage patterns,

(e) whether the development will cause congestion of or generate conflicts between people using open space areas or the waterway,

(f) the desirability of ensuring continuous public access along the foreshore and to the waterway,

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

(h) whether the development will cause disturbance of any acid sulfate soil,

(i) whether any required permission or approval has been granted by the Department of Land and Water Conservation,

(j) whether the development will have an impact on seagrass, mangroves or other marine habitat,

(k) the suitability of any environmental monitoring or environmental rehabilitation, or both, that may be required with regard to the proposed development.