Part I - Other Considerations - Richmond Valley Council

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