New South Wales Consolidated Regulations

SUTHERLAND SHIRE LOCAL ENVIRONMENTAL PLAN 2006 - REG 18

18 Development in or adjacent to waterways

(1) This clause applies to any of the following land--

(a) land in Zone 16--Environmental Protection (Waterways),

(b) land traversed by a foreshore building line,

(c) land below the mean high water mark.

Note--: The mean high water mark referred to here is the mean high water mark as it currently exists.

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

(a) to ensure that any development does not result in the obstruction or interference with navigation in waterways,

(b) to ensure restoration of land below any foreshore building line, to a natural state (so far as is practicable), with a minimum intrusion of man-made structures,

(c) to reduce the number of structures below any foreshore building line, particularly following the redevelopment of a site,

(d) to promote the public use of intertidal areas below the mean high water mark or high water mark, where appropriate.

(3) The consent authority must not consent to development on land to which this clause applies unless the consent authority is satisfied that the following building or work will be removed before, or within a reasonable time after, the development is carried out--

(a) any building or work, other than an excluded building or work, that is--

(i) on the lot concerned or an adjoining lot owned by the person carrying out the development, or on adjacent land that person occupies under a lease or a licence, and

(ii) between a foreshore building line and any waterway or waterfront reserve in respect of which the line is fixed,

(b) any building or work (other than a watercraft facility) that is--

(i) on the lot concerned or on an adjoining lot that is owned by a person carrying out the development, or on adjacent land that person occupies under a lease or a licence, and

(ii) below the mean high water mark.

(4) Subclause (3) does not require the removal of any building or work if--

(a) the proposed development is the erection or installation of any of the following--

(i) a fence or retaining wall between a dwelling and the street on which the dwelling is located,

(ii) a garage or carport adjacent to a dwelling or located between a dwelling and the street on which the dwelling is located,

(iii) a deck or verandah,

(iv) an awning or canopy, or

(b) the consent authority is satisfied that the use of the building or work is lawful, or

(c) the consent authority is satisfied that the removal of the building or work--

(i) would be inconsistent with, or is not necessary to achieve, any of the objectives of this clause, or

(ii) is unreasonable or unnecessary in the circumstances of the case.

(5) In this clause--

"excluded building or work" has the same meaning as it has in clause 17.