New South Wales Consolidated Regulations

WENTWORTH LOCAL ENVIRONMENTAL PLAN 1993 - REG 27

27 Dwelling setback along river

(1) The aim of this clause is to ensure dwellings are setback far enough from a river:

(a) to protect water quality by reducing nutrient accessions to the river,

(b) to protect the river bank from erosion by retaining native vegetation,

(c) to screen dwellings from view from the river while allowing water views from dwellings,

(d) to minimise disturbance to wildlife and aquatic habitat.

(2) State Environmental Planning Policy No 1-Development Standards may not be used to vary setbacks under this clause.

(3) The setback must be measured from the pool level of the river.

(4) The minimum setback on land within Zone No 1 (c) is shown as a line on the map.

(5) The minimum setback on land within Zone No 1 (a), 1 (d) or 2 (v) is 30 metres.

(6) The Council may consent to the erection of a dwelling which is setback between 30 and 100 metres from pool level on land within Zone No 1 (a) or 1 (d) but only if the Council is satisfied the development furthers the aim of this clause. In satisfying itself, the Council may consult any relevant public authority and take into account its advice and may consider any relevant plan, study or work and take it into account.

(7) Subclause (6) applies to the erection of a dwelling on land within Zone No 1 (a) even though it is setback more than 100 metres from the river, if (in the opinion of the Council) the use of the dwelling may contribute nutrient to the river.

(8) The Council must not consent to the erection of a dwelling within 100 metres of a river unless it has considered a plan that shows how the site will be landscaped.

(9) Subclauses (4) and (5) do not apply to the erection of a single dwelling on each of Lots 1-5, Section 27, DP 758456, Parish of Gol Gol and County of Wentworth, if the development is carried out in accordance with the requirements set out in the final report prepared for the Council titled Floodplain Management Plan Gol Gol to Abbotsford Bridge , dated May 1995, deposited in the office of the Council.