Part I - Other Considerations - Richmond Valley Council

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Richmond Valley Development Control Plan 2012Alternative solutions involving reduced Asset Protection Zones may beconsidered on merit but will be subject to approval of the NSW Rural FireService.(3) Foreshore Building Line SetbacksThe Foreshore Building Line Setback shall apply to all land fronting rivers,creeks, streams, waterways, or estuaries having a:‣ W1 Natural Waterways, or‣ W2 Recreational Waterways,zoning under the Richmond Valley Local Environmental Plan 2012 – LandZone Map.The minimum foreshore setback for development shall be:R1RU5INAll other zonesZoneGeneral ResidentialVillageGeneral IndustryMinimum Foreshore BuildingLine Setback‣ 15 metres‣ 40 metresThe setback shall be measured from:‣ the mean high water mark—where the waterway is tidal, or‣ the shoreline—where the waterway is non-tidal.Note. For the purposes of this Chapter, where there is difficulty defining theshoreline it will be taken as the bottom of the waterway’s embankment.(a) Exceptions to the Foreshore Building LineExceptions to the Foreshore Building Line may be granted for that part of adevelopment involving structures such as boat sheds, boat ramps, moorings,jetties or the like, but only where it can be demonstrated that:‣ the development will have minimal significance to the stability of thebank,‣ the development will involve minimal clearing of riparian vegetation,‣ the development will not impact upon the amenity of the foreshore area,‣ the development can be safely located within a high velocity floodway (ifapplicable), and‣ it is essential for the development to be located close to the foreshore.Note. Regard must also be had to the heads of consideration contained withinClause 6.8 - Riparian Land and Watercourses.(b) Controlled Activities within 40 metres of Waterfront LandSection 91(2) of the Water Management Act 2000 requires approval toundertake controlled activities, being the:‣ erection of a building or the carrying out of a work,Part I – Other Considerations – Setbacks and Building Height I.44
Richmond Valley Development Control Plan 2012‣ removal of material or vegetation from land,‣ deposition of material on land, or‣ carrying out of any other activity that effects the quantity or flow of waterin a water source,within waterfront land.Waterfront land is defined in that Act as that land between the bed of anyriver, lake, estuary, and a line drawn parallel to, and 40 metres from, thehighest bank, the shore, or mean high water mark, respectively.A development application requiring a controlled activity approval is integrateddevelopment pursuant to section 91 of the EP&A Act.(4) Building Line VariationsSetbacks may be varied by application submitted with a developmentapplication (additional variations are provided at Chapter I3.2(1)(b)).Variation may only be granted to a building line setback designated withinTables I3.1 and I3.2. Consideration will be given to the following whenassessing such an application:‣ Likely affect on adjoining owners, including impact on views to and fromthe land, overshadowing, privacy, noise, drainage, and the like.‣ Compatibility with existing streetscape.‣ How the objectives of this Chapter may be satisfied by allowing thevariation.Such variations will be subject to the concurrence of the Director of Council’sEnvironmental Development Services.I3.4 Development Standards—BuildingHeight PlaneA Building Height Plane shall apply to side & rear setbacks, where nominatedin Table I3.2.The building height plane is an imaginary ceiling projected above adevelopment site under which all construction must be located.The plane is defined by projecting a surface upward over the subject land, atan angle of 45 degrees commencing at a point 2 metres above the naturalground level at the side & rear boundaries. Refer to figure I3.3.For the purposes of defining the Building Height Plan, secondary frontageswill be considered as a side or rear boundary.Part I – Other Considerations – Setbacks and Building Height I.45
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Part I - Other Considerations - Richmond Valley Council

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