New South Wales Consolidated Regulations

SUTHERLAND SHIRE LOCAL ENVIRONMENTAL PLAN 2006 - REG 17

17 Buildings or works on land traversed by foreshore building line

(1) Application of clause This clause applies to land that is traversed by a foreshore building line.

(2) Objectives The objectives of this clause are as follows--

(a) to avoid adverse ecological effects on waterways,

(b) to protect and enhance significant natural features and vegetation on riparian land,

(c) to retain endemic vegetation along foreshore areas,

(d) to restore and revegetate foreshore areas to improve estuarine flora and fauna habitat,

(e) to minimise any adverse impact from development on water quality and, so far as is practicable, to improve the quality of urban run-off entering waterways,

(f) to minimise any adverse visual impact of development when viewed from adjacent land and waterways by using a design and materials that complement the natural landscape of the land to which this clause applies,

(g) to minimise any adverse impact of development on the natural landform of foreshore areas and waterways by integrating structures into the site with minimal change to the natural topography of the land to which this clause applies,

(h) to achieve an appropriate balance between private development and the public use of waterways,

(i) to maintain and improve public access to the intertidal area of waterfronts where there will be minimal environmental impact,

(j) to conserve and enhance structures on waterfronts that are of heritage significance,

(k) to minimise the obstruction of water views from public land,

(l) to ensure that there is no development below any foreshore building line, except as provided by this clause.

(3) Meaning of "foreshore building line"--generally In this plan--

"foreshore building line" , in relation to land (other than land referred to in subclause (4) or (5)), means--

(a) if a foreshore building line is shown on the map in relation to the land--

(i) in the case of land that has a deemed mean high water mark--a line across the land that is parallel to, and the distance specified on the map from, that deemed mean high water mark, or

(ii) in the case of land that does not have a deemed mean high water mark--a line across the land that is parallel to, and the distance specified on the map from, any boundary of the land that adjoins a waterway or waterfront reserve, or

(b) if a foreshore building line is not shown on the map in relation to the land--

(i) in the case of land that has a deemed mean high water mark--a line across the land that is parallel to, and 7.5 metres from, the deemed mean high water mark, or

(ii) in the case of land that does not have a deemed mean high water mark--a line across the land that is parallel to, and 7.5 metres from, any boundary of the land that adjoins a waterway or waterfront reserve.

(4) Meaning of "foreshore building line"--Sandy Point In this plan--

"foreshore building line" , in relation to land at Sandy Point, means--

(a) the 1 percent annual exceedance probability flood line, or

(b) a line across the land that is parallel to, and 7.5 metres from, the deemed mean high water mark,

whichever is further inland.

(5) Meaning of "foreshore building line"--Illawong or Oyster Bay In this plan--

"foreshore building line" , in relation to specified land at Illawong or Oyster Bay, means--

(a) in the case of land that has a deemed mean high water mark--a line across the land that is parallel to, and the distance specified on the map from, that deemed mean high water mark, or

(b) in the case of land that does not have a deemed mean high water mark--a line across the land that is parallel to, and the distance specified on the map from, the nearest waterway to the land.

(6) In subclauses (3)-(5)--

"deemed mean high water mark" , in relation to land, means the mean high water mark, or high water mark, as shown on any plan relating to that land that was registered with the Registrar-General on or before 24 April 1980, being a plan that was current at that date.

Note--: The deemed mean high water mark is not affected by any reclamation of land or other changes that may have occurred since registration of the plan concerned.

"specified land at Illawong or Oyster Bay" means any of the following land--

(a) 183-187, 189-193, 199A, 203, 207, 207A and 215 Fowler Road, Illawong,

(b) 5-7 and 9-11 Griffin Parade, Illawong,

(c) 47, 51, 83-85, 87-89, 91, 95-97, 103A, 109-111, Caravan Head Road, Oyster Bay,

(d) 85B and 85C Carina Road, Oyster Bay,

(e) 20, 22, 24, 28 and 30 Farrer Place, Oyster Bay,

(f) 15 Shipwright Place, Oyster Bay.

(7) Controls A building must not be erected, and a work must not be carried out, on land between a foreshore building line and any waterway or waterfront reserve in respect of which the line is fixed.

(8) Nothing in subclause (7) or clause 11 prevents consent being granted to--

(a) any alteration (not being an addition) to an existing dwelling that is forward of the foreshore building line, or

(b) the erection, carrying out of, or an alteration or addition to, an excluded building or work.

(9) Nothing in subclause (7) or clause 11 prevents consent being granted to the erection of a dwelling, or any addition to an existing dwelling, on land between a foreshore building line and any waterway or waterfront reserve in respect of which the line is fixed if--

(a) the consent authority has considered the objectives of this clause, and

(b) the consent authority is satisfied that--

(i) the new dwelling or addition will not be erected any further forward of the foreshore building line than any existing dwelling on the land, and

(ii) the new dwelling will not dominate the locality in which it is erected as a result of its height, bulk, design, colour or detailing, and

(iii) the natural qualities of the foreshore are retained or restored as far as practicable through the retention or reinstatement of natural levels and endemic vegetation, and

(iv) in the case of the erection of a dwelling--there is no reasonable alternative that would allow a new dwelling to be located behind the foreshore building line.

(10) In this clause--

"excluded building or work" means any of the following--

(a) a boat shed,

(b) a watercraft facility,

(c) an in-ground swimming pool that is no higher than 300 millimetres above ground level at any point,

(d) a work to enable pedestrian access,

(e) landscaping,

(f) a barbecue,

(g) a utility installation (except for a gas holder or generating works).

"riparian land" means--

(a) submerged land, or

(b) land that adjoins, directly influences or is directly influenced by a body of water, and the body of water itself.