Cumberland 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.

This clause applies to land shown as “Foreshore Area” on the Foreshore Building Line Map.

Development consent must not be granted for development on land to which this clause applies 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 retaining 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 to development on land to which this clause applies 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, marine habitat, wetland areas, fauna and flora habitats, or

an adverse effect on drainage patterns, and

the development will not cause congestion 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

the 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

for development for the extension, 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 and change of flooding patterns as a result of climate change have been considered.