Bayside Local Environmental Plan 2021

The objective of this clause is to ensure that development in the foreshore area will not impact on natural foreshore processes or affect the significance and amenity of the area.

Development consent must not be granted for development on land in the foreshore area except for the following purposes—

the extension, alteration or rebuilding of an existing building wholly or partly in the foreshore area,

the erection of a building in the foreshore area, if the levels, depth or other exceptional features of the site make it appropriate to do so,

boat sheds, sea walls, wharves, slipways, jetties, waterway access stairs, swimming pools, fences, cycleways, walking trails, picnic facilities or other recreation facilities (outdoors).

Development consent must not be granted under this clause unless the consent authority is satisfied that—

the development will contribute to achieving the objectives for the zone in which the land is located, and

the appearance of any proposed structure, from both the waterway and adjacent foreshore areas, will be compatible with the surrounding area, and

the development will not cause environmental harm such as—

pollution or siltation of the waterway, or

an adverse effect on surrounding uses, aquatic habitat, riparian corridors, wetland areas, fauna and flora habitats, or

an adverse effect on drainage patterns, and

the development will not cause congestion of, or generate conflict between, people using open space areas or the waterway, and

opportunities to provide continuous public access along the foreshore and to the waterway will not be compromised, and

any historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of the land on which the development is to be carried out and of surrounding land will be maintained, and

in the case of development for the alteration or rebuilding of an existing building wholly or partly in the foreshore area, the alteration or rebuilding will not have an adverse impact on the amenity or aesthetic appearance of the foreshore, and

sea level rise or change of flooding patterns as a result of climate change has been considered.

In deciding whether to grant consent for development in the foreshore area, the consent authority must consider if, and to what extent, the development provides for the following matters—

continuous public access to and along the foreshore through or adjacent to the proposed development,

public access—

to link with existing or proposed open space, and

to be secured by appropriate covenants, agreements or other instruments registered on the title to land, and

to be located above mean high water mark,

reinforcing the foreshore character and respect for existing environmental conditions.

In this clause—

foreshore area means the land between the foreshore building line and the mean high water mark of the nearest natural waterbody shown on the Foreshore Building Line Map.

foreshore building line means—

the line that is landward of, and at the distance specified on the Foreshore Building Line Map from, the mean high water mark of the nearest natural waterbody shown on that map, or

if no distance is specified—the line shown as the foreshore building line on that map.