Liverpool Local Environmental Plan 2008

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.

Subject to the other provisions of this Plan, development may be carried out, with development consent, for the purposes of a building on land in the foreshore area only if—

the levels, depth or other exceptional features of the site make it appropriate to do so, or

the development involves the extension, alteration or rebuilding of an existing building that is erected wholly or partly in the foreshore area and the consent authority is satisfied that the building as extended, altered or rebuilt will not have an adverse impact on the amenity or aesthetic appearance of the foreshore, or

the development is for the purposes of any of the following—

boat sheds,

sea walls,

wharves, slipways, jetties,

waterway access stairs,

swimming pools at or below ground level (existing),

fences,

picnic facilities, cycleways, walking trails or other outdoor recreation facilities.

Development consent must not be granted to development referred to in subclause (2) unless the consent authority is satisfied that the development—

will contribute to achieving the objectives for development in the zone in which it is to be carried out, and

will be compatible in its appearance with the surrounding area, as viewed from both the waterway concerned and the adjacent foreshore areas, and

will not cause environmental harm, such as—

pollution or siltation of the waterway, or

an adverse effect on surrounding uses, marine habitat, wetland areas, flora or fauna habitats, or

an adverse effect on drainage patterns, and

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

will not compromise opportunities for the provision of continuous public access along the foreshore and to the waterway, and

will maintain 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.