What is Council proposing?
The draft Northern Beaches Development Control Plan introduces controls for waterways, wetlands and riparian land.
Development within 10 metres of the top of bank of a waterway may require a waterway impact statement. Development in Category 1 riparian corridors and wetlands is generally to be avoided unless it is for environmental protection works. Similar restrictions are proposed for Category 2 riparian corridors in rural and conservation zones.
Why does WUFA disagree?
WUFA supports the protection of genuine waterways, wetlands and riparian corridors.
However, the proposed controls assume that Council's mapping is accurate. Where mapping is incorrect, significant restrictions may be imposed on private land, development opportunities may be reduced and landowners may be required to commission costly specialist reports.
Independent expert evidence has shown that some mapped waterways may not satisfy the relevant legislative or technical definitions of a watercourse. Council mapping may also be inconsistent with authoritative topographic mapping and recognised methods used to identify and classify watercourses.
Where a landowner disputes the existence or classification of a mapped waterway or riparian corridor, the landowner should not bear the burden and cost of proving that Council's mapping is wrong.
Key points
- Riparian controls can significantly restrict the use and development of private land.
- Mapped waterways should be verified against authoritative mapping and physical site conditions.
- Natural depressions, drainage lines and stormwater infrastructure should not automatically be treated as natural watercourses.
- Disputed mapping should be independently assessed before controls are imposed.
WUFA recommendation
Planning controls should only apply where there is objective evidence that the environmental feature actually exists.