New South Wales Consolidated Regulations

KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 18

18 Foreshore building line

Objective of the provision To protect the vegetation and aesthetic appearance of foreshore areas.

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 7.6 metres from the mean high water mark of each bay or river or at any greater distance as shown by a broken black line marked “FBL” on the land use map.

(2) Except as provided by subclauses (3)-(5), a building shall not be erected on any land to which this plan applies between a foreshore building line and mean high water mark of the nearest bay or river.

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

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

(a) boat sheds, or

(b) wharves, jetties or pontoons, or

(c) slipways, or

(d) structures below the surface of the ground, or

(e) fences, or

(f) works to enable pedestrian access,

despite any foreshore building line.

(5) With the consent of the Council, 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 Council, have an adverse impact on the amenity or aesthetic appearance of the foreshore.

(6) Before granting consent to development referred to in subclauses (3)-(5) the Council 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 from the Department of Land and Water Conservation,

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