New South Wales Consolidated Regulations

HUNTER'S HILL LOCAL ENVIRONMENTAL PLAN NO 1 - REG 18

18 Foreshore building lines

(1) The council may, by resolution, fix a line (in this clause called a "foreshore building line") in respect of any land fronting any bay, creek, harbour or river.

(2) A foreshore building line shall, when fixed in accordance with subclause (1), be marked upon a plan or clearly described in the resolution and the plan or resolution on which it is marked or by which it is described shall be available at the office of the council for inspection by the public during the office hours of the council.

(3) The council may, by resolution, alter or abolish any foreshore building line, other than the one referred to in subclause (6), where the levels, depth or other exceptional features of a site affected by the line make it, in the opinion of the council, necessary or expedient to do so.

(4) A building shall not be erected or rebuilt between a foreshore building line and the bay, creek, harbour or river in respect of which the line is fixed.

(5) Notwithstanding subclause (4), the council may consent to:

(a) the erection of:

(i) retaining walls and steps,

(ii) swimming pools which will not project above natural ground level,

(iii) fences not exceeding 1.5 metres in height, or

(iv) boatsheds, or

(b) the rebuilding of dwelling-houses which existed immediately before the appointed day,

where the erection or rebuilding, as the case may be, will result in a contravention of subclause (4).

(6) The council shall not grant consent under the Act pursuant to this clause unless it has made an assessment of the effect that the structure, work or dwelling-house, would have, if it were erected or rebuilt, upon the appearance of the adjacent foreshore and the environmental heritage of the Municipality of Hunter’s Hill.

(7) A broken black line shown on the map and identified as a foreshore building line by reference to a linear measurement and the letters “F.S.B.L.” shall be deemed to be a foreshore building line fixed in accordance with subclause (1).