New South Wales Consolidated Regulations

WILLOUGHBY LOCAL ENVIRONMENTAL PLAN 1995 - REG 16

16 Foreshore building line

(1) In this clause:
"foreshore land" means land between a water body and the dominant ridgeline that faces the water body.
"modified foreshore land" means foreshore land:

(a) on which the natural vegetation structure has been substantially altered or removed, or

(b) the topography of which has been substantially modified by human development, such as excavation, retaining walls or similar structures.

"natural foreshore land" means foreshore land:

(a) on which the natural vegetation remains or, if altered, is still representative of the structure and floristics of natural vegetation, or

(b) the topography of which has not been substantially altered by human development.

(2) The objectives of this clause are:

(a) to preserve and enhance the natural features and vegetation of those localities where the land meets or is in close proximity to the water, and

(b) to encourage the protection and regeneration of land which forms an integral part of the foreshore setting by controlling new development, and

(c) to promote a consistent application of foreshore building lines in comparable situations according to the characteristics of sites and foreshores in the localities concerned and with regard to the objectives set out below:

(i) for natural foreshore land-to ensure that development retains the characteristics of the natural environment and scenic quality of the foreshores of Lane Cove River, and Middle Harbour and its tributaries, where they are in a predominantly natural state, and

(ii) for modified foreshore land-to ensure that the siting of development provides an area which is left clear of buildings and structures, so as to protect the environment and the amenity and scenic quality of the foreshores of Lane Cove River, and Middle Harbour and its tributaries, where they are predominantly developed, and

(iii) for residents of foreshore land-to control the siting of buildings and structures on the foreshores of Lane Cove River and Middle Harbour and its tributaries so that the amenity and views of foreshore residents are preserved.

(3) Foreshore building lines are shown by red lines on sheets 12a, 12b, 12c, 12d, 12e, 12f and 12g of the map marked “ Willoughby Local Environmental Plan 1995 (Amendment No 52) ”.

(4) Except with the consent of the Council granted in accordance with subclause (5), a building must not be erected and work must not be carried out between a foreshore building line and the bay, creek, harbour, river, lake or lagoon in respect of which the line is fixed.

(5) The Council may, after considering the probable aesthetic appearance and environmental impact of the proposed structure or work in relation to the foreshore, consent to the erection of:

(a) single storey structures, such as boatsheds and jetties, that have a direct functional relationship with the water, or

(b) inclinators, stairs or other structures designed to provide pedestrian access to the waterway, or

(c) structures such as swimming pools below or at the surface of the ground, barbecues, pergolas, retaining walls, public amenities and garden sheds,

between a foreshore building line and the bay, creek, harbour, river, lake or lagoon in respect of which the line is fixed.