New South Wales Consolidated Regulations

NORTH SYDNEY LOCAL ENVIRONMENTAL PLAN 1989 - REG 29

29 Foreshore building line

(1) The objectives of this clause are to allow for development for the purposes of:

(a) boatsheds and associated structures,

(b) swimming pools and associated decking and fencing,

(c) sea retaining walls,

(d) barbecues, and

(e) landscaping,

on the foreshore area, and to ensure that such development:

(f) is in conjunction with a residential use on the same land,

(g) does not adversely affect the scenic, environmental and cultural qualities of the foreshore,

(h) is of a scale, colour and design that minimises the individual and cumulative visual impact, and

(i) is in character with the locality.

(2) In this clause, "foreshore building line" means a broken black line identified as a Foreshore Building Line and shown on the map. This clause applies to land between a foreshore building line and the adjacent shore of Sydney Harbour or Middle Harbour.

(3) Development, on the land to which this clause applies, other than for the purposes of:

(a) boatsheds and associated jetties, landings and slips,

(b) swimming pools and associated decking and fencing,

(c) sea retaining walls,

(d) barbecues, and

(e) landscaping,

is prohibited.

(4) The Council must not consent to development for the purposes of:

(a) a boatshed, and its associated structures, if:

(i) the height of the boatshed, measured from the lowest point of the building to its highest point, exceeds 3 metres, or

(ii) the boatshed contains habitable rooms, or

(b) a swimming pool and any associated decking and equipment, if any part of the proposed pool will protrude more than 500mm above existing ground level.

(5) In determining an application for consent for any development involving a structure on the land to which this clause applies, the Council must consider the bulk, appearance and use of the proposed structure and must be satisfied that:

(a) there will be no adverse impact on the scenic, environmental and cultural qualities of the site and its locality, and

(b) that the development is in character with the locality.