Sutherland Shire Local Environmental Plan 2015

The objectives of this clause are as follows—

to ensure that development in the foreshore area will not adversely impact on natural foreshore processes or affect the significance and amenity of the area,

to maintain and improve public access to the intertidal area of waterfronts if that access will cause minimal adverse environmental impact,

to avoid adverse ecological effects on waterways by minimising any adverse impact from development on water quality and, so far as is practicable, to improve the quality of urban run-off entering waterways,

to protect and enhance significant natural features and vegetation in the foreshore area,

to retain endemic vegetation along foreshore areas,

to restore and revegetate foreshore areas to improve estuarine flora and fauna habitat,

to minimise any adverse visual impact of development when viewed from adjacent land and waterways by using a design and materials that complement the natural landscape of the foreshore area,

to minimise any adverse impact of development on the natural landform of the foreshore area and waterways by integrating the development with minimal change to the natural topography of the foreshore area,

to achieve a balance between private development and the public use of waterways,

to minimise the obstruction of water views from public land.

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

the alteration of, or additions to, residential accommodation, or the demolition of existing residential accommodation and the erection of new residential accommodation on the land, if the footprint of the residential accommodation will not extend further forward of the foreshore building line than the footprint of the existing residential accommodation,

the erection of new residential accommodation if there is no reasonable alternative location for the residential accommodation outside the foreshore area,

development for the following purposes that does not significantly alter the shape, natural form or drainage of the foreshore area—

boat sheds,

jetties,

landscaped areas,

sea retaining walls,

slipways,

swimming pools (that are no higher than 300 millimetres above ground level),

water recreation structures,

waterway access stairs,

inclinators,

the erection of a building in the foreshore area (other than a building referred to in paragraph (a), (b) or (c)), if the levels, depth or other exceptional features of the site make it appropriate to do so.

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

the appearance of the development, from both the foreshore area and the adjacent waterway, 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 or fauna and flora habitats, or

an adverse effect on drainage patterns, and

the natural qualities of the foreshore area are retained or restored as far as practicable through the retention or reinstatement of natural levels and endemic vegetation, 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 area and to the waterway will not be compromised, and

any heritage significance of the foreshore area on which the development is to be carried out and of surrounding land will be maintained, and

for development for 1 of the following purposes, the development and resulting building will not have an adverse impact on the amenity or aesthetic appearance of the foreshore—

the alteration of, or additions to, a building,

the demolition of an existing building and erection of a new building on the land,

the erection of a new building, and

(Repealed)

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

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

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

public access to link with existing or proposed open space,

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

public access to be located above the mean high water mark,

reinforcement of the foreshore character and respect for existing environmental conditions,

management of any rise in sea level or change of flooding patterns as a result of climate change.