The Settlement Shores Estate is located approximately 3km north-west of the Port Macquarie CBD area, and is directly connected to the Hastings River. The canal system consists of 10 arms, where 433 allotments have water frontage. The earliest stages of the Canals date back to 1974, which were designed on the basis that periodic maintenance would be necessary to ensure they remain functional and safe for water craft users and residents.
The Settlement Shores Estate canal system is classified as drainage reserves under the care and control of Council, with the canals subject to a Waterway Maintenance Plan, which defines the current conditions and maintenance requirements for the waterway over the short, medium and long term.
Conditions placed on development consents for works along the canals restrict the development of residential and commercial properties to a position well above the highest predicted flood level.
A revetment wall is constructed alond the length of the canals with the common boundary of each allotment and the canals extending to a point 2.1 metres below the revetment wall.
A covenant (legal requirement), placed on each property title, states that individual property owners are responsible for the maintenance, and repair if necessary, of the revetment wall and 2.1 metres of the adjacent beaches to the property boundary. This covenant also gives Council the power to carry out any necessary maintenance if the property owner fails to do so and to charge the cost of that maintenance to the property owner.
A covenant is also on the title of all waterwfront properties providing Council with legal rights of access over these lots for the purpose of canal maintenance.
The beach zone and waterway itself, outside the 2.1 metre property boundary from the revetment wall, is vested in the Council as a drainage reserve and the Council has accepted responsibility for maintaining the beach zone, waterways and flood structures within the canals.
If property owners wish to construct private structures within the waterway, such as boat ramps and jetties, then they are required to get the necessary building approvals from Council. The owners of such structures are required to maintain them and if required undertake repairs. As these private structures are on public land, owners are also responsible for having appropriate public liability insurance to cover their structures.
Another covenant on the title of each of the allotments requires there be no buildings (unless approved by Council), fences, trees or other obstructions within 5.4 metres of the revetment wall in the majority of canals, and 7.9 metres of the revetment wall in the case of The Governors Way.
The main objective of this covenant is that landowners and/or the Council can gain continuous access along the bank adjacent to the waterway for the purpose of removing flood debris, repairing erosion or damage caused by floods to beaches or revetment walls, or repairing any damage to the slope at the rear of the properties.
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This page was last updated on: 05 June 2019