35Foreshore development

35 Foreshore development

35 Foreshore development

(1) Despite anything to the contrary in Part 2 or the other provisions of this Part, development on the foreshore area is prohibited.

(2) Despite subclause (1), development on the foreshore area may be carried out with consent if, in the consent authority’s opinion—

(a) the proposed development is in the public interest and does not significantly reduce public access to the foreshore, and

(b) the bulk and scale of the proposed development will not detract from the visual amenity of the foreshore area, and

(c) the proposed development addresses any need to restore lost or disturbed plants that are native to the Island, particularly if restoring those plants may enhance visual amenity, and

(d) there is a demonstrated Island community-based, or marine-based, business need for it, and

(e) the proposed development will not be adversely affected by, or adversely affect, coastal processes, and

(f) in the case of proposed development involving the erection of a structure—the purpose of that structure could not practicably be fulfilled by an existing structure.

(g) (Repealed)

(3) In this clause—

foreshore area means the land between the Foreshore Building Line as shown on Sheet 2 of the map and the mean high water mark.

cl 35: Am 2021 (716), Sch 1.14[1] [2].