Ku-ring-gai Local Environmental Plan 2015

The objectives of this clause are as follows—

to protect or improve—

water quality within waterways, and

the stability of the bed and banks of waterways, and

aquatic and riparian species, communities, populations and habitats, and

ecological processes within waterways and riparian lands, and

scenic and cultural heritage values of waterways and riparian lands,

where practicable, to provide for the rehabilitation of existing piped or channelised waterways to a near natural state.

This clause applies to land identified on the Riparian Lands and Watercourses Map as—

“Riparian Land Category 1”, or

“Riparian Land Category 2”, or

“Riparian Land Category 3”, or

“Riparian Land Category 3a”.

In deciding whether to grant development consent for development on land to which this clause applies, the consent authority must consider—

whether the development is likely to have an adverse impact on the following—

the water quality in any waterway,

the natural flow regime, including groundwater flows to any waterway,

aquatic and riparian species, populations, communities, habitats and ecosystems,

the stability of the bed, shore and banks of any waterway,

the free passage of native aquatic and terrestrial organisms within or along any waterway and riparian land,

public access to, and use of, any public waterway and its foreshores,

any opportunities for rehabilitation or re-creation of any waterway and its riparian areas,

any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development—

is consistent with the objectives of this clause, and

integrates riparian, stormwater and flooding measures, and

is designed, sited and will be managed to avoid any potential adverse environmental impacts, and

if a potential adverse environmental impact cannot be avoided by adopting feasible alternatives—the development minimises or mitigates any such impact to a satisfactory extent.