New South Wales Consolidated Regulations

NORTH SYDNEY LOCAL ENVIRONMENTAL PLAN 2001 - REG 38

38 Development within the foreshore building area

(1) Foreshore building area objectives The specific objectives of the foreshore building area controls are to:

(a) enable development to be carried out, which is associated with water based recreation activity and which is ancillary to residential use but which is not used for habitation, and

(b) recognise and retain the scenic, environmental and cultural qualities and the historical significance of foreshore land, and

(c) recognise and implement the aims and objectives of Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 , and

(d) minimise the individual and cumulative adverse visual effects of foreshore development, and

(e) protect intertidal ecology and any sea wall or rock platform on foreshore land, and

(f) ensure that if development has been carried out in the foreshore building area, future development does not result in the further encroachment of that area, and

(g) prevent any further terracing of the foreshore building area, and

(h) facilitate public access to foreshore land.

(2) Foreshore building area controls Despite any other provision of this plan, development must not be carried out within the foreshore building area, which further encroaches on the foreshore building area, except for the purpose of:

(a) boatsheds or jetties with a maximum height of 3 metres, which are ancillary to residential use, and are not used as habitable rooms, or

(b) swimming pools with a maximum height of 500mm and associated fencing with a maximum height of 1.2 metres, or

(c) barbecues and fences with a maximum height of 1.2 metres, or

(e) sea retaining walls, or

(f) retaining walls, other than sea retaining walls, with a maximum height of 500mm, or

(g) structures to provide public access to the foreshore (including pathways, stairs and boardwalks) with a maximum height of 1.2 metres, or

(h) structures to provide private access to the foreshore, including access for the aged or disabled, pathways and stairs, or

(i) landscaping.

(3) Prohibited development Development that contravenes subclause (2) is prohibited development.

(4) Minor variation of foreshore building line Where the levels, depth or other exceptional features of a site make it necessary or appropriate to do so, the Council may, by resolution, vary the position of the foreshore building line on the site to a minor extent for the purposes of the application of this clause in respect of a particular development proposal.