New South Wales Consolidated Regulations

SYDNEY REGIONAL ENVIRONMENTAL PLAN NO 28--PARRAMATTA - REG 69

69 Development within foreshore building line

(1) The consent authority may, by order, fix a foreshore building line in respect of any land fronting the Parramatta River.

(2) A foreshore building line, when fixed in accordance with this clause, is to be recorded by the consent authority concerned on a map kept at the office of the consent authority concerned and made available for inspection by the public during ordinary office hours.

(3) Except as provided by subclauses (4) and (5), a building must not be erected on any land to which this Plan applies between a foreshore building line and the mean high watermark of the nearest waterway.

(4) The consent authority may grant consent for the erection of a building between a foreshore building line and the mean high watermark of the nearest waterway but only if the consent authority is satisfied that there is no alternative to erecting the building on that location.

(5) A person may, with the consent of the consent authority, erect or establish:

(a) boat sheds, or

(b) sea walls, or

(c) wharves, slipways, jetties, or

(d) waterway access stairs, or

(e) fences, or

(f) picnic facilities, cycle ways or walking trails,

on land between a foreshore building line and the mean high watermark of the nearest waterway.

(6) Before granting development consent to development referred to in subclauses (4) or (5), the consent authority must 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 an adverse effect on surrounding uses, aquatic 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 the waterway or generate conflicts between people using open space areas or the waterway,

(f) the desirability of ensuring continuous public access or habitat connectivity along the foreshore and to the waterway, provided there are no negative ecological impacts,

(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,

(g1) whether the development will have an impact on identified views,

(h) whether the development will disturb any acid sulphate soil,

(j) whether the development will have an impact on seagrass, mangroves or other marine habitat,

(k) the provision and suitability of any environmental monitoring or environmental rehabilitation, or ecological restoration, with regard to the proposed development,

(l) whether the development will protect the riparian areas and environment protection areas from overshadowing or will have an adverse impact on the lighting of those areas.