Environmental Planning and Assessment Act 1979 LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - Made under the Environmental Planning and Assessment Act 1979 - As at 30 May 2012 - Reg 116 of 2004 TABLE OF PROVISIONS TABLE OF PROVISIONS PART 1 - PRELIMINARY 1. Name of plan 2. Land to which plan applies 3. Objective of plan 4. Consent authority 5. Relationship to other environmental planning instruments 6. Notes 7. Definitions 8. Exempt development 9. Complying development 10. Development by public authorities 11. Determination of pending development applications PART 2 - LIFESTYLE 2020 STRATEGY—VISION, VALUES AND AIMS 12. Vision 13. Values 14. Aims PART 3 - GENERAL CONTROLS FOR LAND WITHIN ZONES 15. General controls for land within zones PART 3A - CONTROLS RELATING TO MISCELLANEOUS PERMISSIBLE USES 15A. Controls relating to bed and breakfast accommodation 15B. Controls relating to farm stay accommodation PART 4 - SPECIAL PROVISIONS APPLYING TO ALL LAND 16. Development consent—matters for consideration 17. Provision of essential infrastructure 18. Temporary development of land 19. (Repealed) 20. Suspension of covenants, agreements or instruments 21. Development the subject of SEPP 1 application PART 5 - SPECIAL CONTROLS FOR PROTECTION OF THE ENVIRONMENT OR FOR PARTICULAR LAND 22. Foreshore building lines 23. Foreshore development and development below DP high water mark 24. Subdivision 25. Demolition 26. Dwelling houses and dual occupancies in Zone 1 (1), 7 (1), 7 (2), 7 (3) or 10 27. Dwelling houses, small lot housing and dual occupancies in Zone 1 (2), 2 (1), 2 (2) or 7 (5) 28. Dwelling houses on South Wallarah Peninsula in Zone 7 (1) 28A. Residential flat buildings and multiple dwelling housing in Zone 2 (2) 29. Building heights 30. Control of pollution 31. Erosion and sediment control 32. Flood prone land 33. Bush fire considerations 34. Trees and native vegetation 35. Acid sulfate soils 36. Mixed use development 37. Unzoned land 38. Advertising structures and signs 39. Additional development allowed on certain land 40. Development for the purpose of agriculture on land in Zone 7 (2) 41. Development for the purpose of retirement villages 42. Consent to development subject to special requirements 42A. Restricted development PART 6 - HERITAGE PROVISIONS 43. Objective 44. Protection of heritage items and heritage conservation areas 45. Development consent is not required 46. Cemetery or burial grounds 47. Assessment of heritage significance 48. Development requiring notification 49. (Repealed) 50. Development affecting places or sites of known or potential Aboriginal heritage significance 51. Development affecting known or potential archaeological sites or relics of European heritage significance 52. Development in vicinity of a heritage item 53. Conservation incentives 54. Development in heritage conservation areas PART 7 - ADMINISTRATIVE PROVISIONS 55. Acquisition of land required for community purposes 56. Interim development of land required for community purposes 57. Acquisition of land required for State roads 58. (Repealed) 59. Acquisition of coastal land 60. Development on land adjoining Zones 5, 7 (1), 7 (4) and 8 61. Classification and reclassification of public land as operational land 62. Public infrastructure in urban release areas PART 8 - MIDDLE CAMP SITE Division 1 - Preliminary 63. Application of Part 64. Interpretation 65. Maps 66. Relationship with this Part and other environmental planning instruments Division 2 - Provisions applying to development in Middle Camp site 67. Land use zones 68. Objectives of land use zones to be taken into account 69. Zone R2 Low Density Residential 70. Zone RE1 Public Recreation 71. Zone E1 National Parks and Nature Reserves 72. Zone E2 Environmental Conservation 73. Subdivision—consent requirements 74. Height of buildings 75. Neighbourhood shops in Zone R2 Low Density Residential 76. Exceptions to development standards 77. Development within the coastal zone 78. Heritage conservation 79. Arrangements for designated State public infrastructure 80. Public utility infrastructure 81. Development control plan 82. Infrastructure development and use of existing buildings of the Crown 83. Relevant acquisition authority 84. Suspension of covenants, agreements and instruments 85. Subdivision and permitted dwelling houses on certain land in Zone E2 PART 9 - NORDS WHARF SITE Division 1 - Preliminary 86. Application of Part 87. Interpretation 88. Maps 89. Relationship with this Plan and other environmental planning instruments Division 2 - Provisions applying to development in Nords Wharf site 90. Land use zones 91. Objectives of land use zones to be taken into account 92. Zone R2 Low Density Residential 93. Zone E1 National Parks and Nature Reserves 94. Zone E2 Environmental Conservation 95. Subdivision—consent requirements 96. Height of buildings 97. Neighbourhood shops in Zone R2 Low Density Residential 98. Exceptions to development standards 99. Development within the coastal zone 100. Arrangements for designated State public infrastructure 101. Public utility infrastructure 102. Development control plan 103. Infrastructure development and the use of existing buildings of the Crown 104. Relevant acquisition authority 105. Suspension of covenants, agreements and instruments SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 SCHEDULE 6 SCHEDULE 7 SCHEDULE 8 SCHEDULE 9 SCHEDULE 10 SCHEDULE 11 SCHEDULE 99 Dictionary LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 1 Name of plan 1 Name of plan This plan is Lake Macquarie Local Environmental Plan 2004. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 2 Land to which plan applies 2 Land to which plan applies (1) This plan applies to all land within the local government area of Lake Macquarie City, except as provided by subclause (2). (2) This plan does not apply to land to which Lake Macquarie Local Environmental Plan 2000—North Wallarah Peninsula applies or to any land shown as “Deferred” on the map. (3) This plan does not apply to the land within the South Wallarah Peninsula site and to which Schedule 3 of the State Environmental Planning Policy (Major Development) 2005 applies. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 3 Objective of plan 3 Objective of plan The objective of this plan is to achieve development of land to which this plan applies that is in accordance with the principles of ecologically sustainable development by: (a) promoting balanced development of that land, and (b) implementing the Lifestyle 2020 Strategy adopted by the Council on 27 March 2000. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 4 Consent authority 4 Consent authority The Council is the consent authority for the purposes of this plan, subject to the Act. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 5 Relationship to other environmental planning instruments 5 Relationship to other environmental planning instruments (1) All local environmental plans (including Lake Macquarie Local Environmental Plan 1984) that applied to land to which this plan applies immediately before the appointed day are repealed. (2) This plan amends State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development by inserting the following words in alphabetical order in Schedule 2 (Land excepted from clauses 6–10): Lake Macquarie City local government area (3) The Hunter Regional Environmental Plan 1989 (Heritage) does not apply to land to which this plan applies. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 6 Notes 6 Notes Notes in this plan are provided for guidance and do not form part of this plan. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 7 Definitions 7 Definitions (1) Words defined in the Dictionary at the end of this plan have the meanings set out in the Dictionary. (1A) Words and expressions used in this plan in relation to development on land in Zone B4 Mixed Use Zone have the same meaning as they have in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011). (2) In this plan, a reference to: (a) a map, is a reference to a map held at the office of the Council, and (b) land within a zone, is a reference to land shown on the map as being within that zone. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 8 Exempt development 8 Exempt development Development meeting the criteria for exempt development in Schedule 1, being development of minimal environmental impact, is exempt development for the purposes of the Act. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 9 Complying development 9 Complying development Local development that complies with the standards and any other requirements specified for the development in Lake Macquarie Development Control Plan No 2—Complying Development, as approved by the Council on 22 March 2004, is complying development for the purposes of the Act. Note: State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. That Policy has State-wide application. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 10 Development by public authorities 10 Development by public authorities Despite other provisions of this plan, the following are allowed on land to which this plan applies without consent: (a) the use of existing buildings of the Crown by the Crown, and (b) activities specified in Schedule 10. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 11 Determination of pending development applications 11 Determination of pending development applications (1) Any development application lodged but not finally determined prior to the commencement of this plan is to be determined as if this plan had been exhibited under the Act but had not been made. (2) Development control plans as in force immediately before the commencement of this plan are to be taken into consideration by the consent authority in determining any such development application. (3) A development application lodged with the Council, but not finally determined, before the commencement of Lake Macquarie Local Environmental Plan 2004 (Amendment No 28) is to be determined as if that plan had been exhibited under the Act but had not been made. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 12 Vision 12 Vision The vision for land to which this plan applies is described in the Lifestyle 2020 Strategy, which is available from the office of the Council. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 13 Values 13 Values The 4 core values of that strategy are sustainability, equity, efficiency and liveability. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 14 Aims 14 Aims The aims of the Lifestyle 2020 Strategy are to: (a) provide the community with realistic expectations about the future development patterns for land in Lake Macquarie City, while retaining flexibility for land use decision making in the longer term, and (b) reinforce and strengthen centres so that a wide range of commercial and community services may be provided in a timely and accessible manner, and (c) provide local employment opportunities for residents and promote economic development consistent with the City’s natural, locational and community resources, and (d) guide the development of urban communities that are compact, distinct and diverse and include a range of housing types and activities, and (e) achieve a strong sense of positive community identity, through the development of local communities that are safe and liveable and offer a diversity of uses, economic opportunities and ready access to services, and (f) develop an attractive urban setting for the City which reflects its physical and natural environment, and visual character, and (g) manage the City’s natural environment so that its ecological functions and biological diversity are conserved and enhanced, and contribute to the City’s overall well being, and (h) manage the City’s heritage and economic resources in a way that protects the value of these resources and enhances the City’s character, and (i) integrate land use with the efficient provision of public and private movement systems. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 15 General controls for land within zones 15 General controls for land within zones Except as provided otherwise by this plan, the following Table shows for land within each zone: (a) the development that may be carried out in the zone without development consent under the heading “Without development consent”, and (b) the development that may be carried out in the zone only with development consent under the heading “Only with development consent”, and (c) the development that is prohibited in the zone under the heading “Prohibited”. Land use table Zone 1 (1) Rural (Production) Zone 1 Objectives of zone The objectives of this zone are to: (a) provide for economic and employment-generating agricultural activities, and (b) provide for a range of compatible land uses that maintain and enhance the rural environment of the locality, and (c) ensure development is carried out in a manner that improves the quality of the environment, including quality of design, and is within the servicing capacity of the locality, and (d) encourage development and management practices that are sustainable, and (e) encourage the development of good quality agricultural land for agriculture (other than intensive agriculture) to the greatest extent possible, and (f) encourage the development of low quality agricultural land for intensive agriculture, and (g) provide for sustainable forestry practices, and (h) avoid land use conflict by restricting or prohibiting development that has the potential to negatively affect the sustainability of existing agriculture, and (i) provide for sustainable water cycle management. 2 Without development consent Exempt development as provided in Schedule 1. Development for the purpose of agriculture (other than intensive agriculture). 3 Only with development consent Development for the purpose of: airline terminals airports animal establishments aquaculture bed and breakfast accommodation bulk stores cemeteries and crematoriums drainage dual occupancies—attached dwelling houses earthworks eco-tourism facilities educational establishments emergency services facilities energy generation works environmental facilities extractive industries farm stay accommodation forestry helipads heliports home businesses home industries intensive agriculture mines retail plant nurseries roads roadside stalls rural industries sawmills signs stormwater management facilities sustainable generating works telecommunications facilities transport terminals utility installations veterinary hospitals wholesale plant nurseries 4 Prohibited Development not listed in item 2 or 3. Zone 1 (2) Rural (Living) Zone 1 Objectives of zone The objectives of this zone are to: (a) provide for the enjoyment of a rural lifestyle and the operation of small-scale rural and tourism activities, and (b) provide for a range of compatible land uses that maintain the rural environment, and (c) ensure development is carried out in a manner that improves the quality of the environment, and is within the servicing capacity of the area, and (d) retain and enhance the rural character of land, and (e) allow for the appropriate development of land presently within this zone so as to limit the need to rezone any more land to this zone, and (f) avoid land use conflict by restricting or prohibiting development that has the potential to negatively affect the sustainability of existing agriculture, and (g) provide for sustainable water cycle management. 2 Without development consent Exempt development as provided in Schedule 1. 3 Only with development consent Development for the purpose of: agriculture (other than intensive agriculture) bed and breakfast accommodation drainage dual occupancies—attached dwelling houses earthworks eco-tourism facilities educational establishments emergency services facilities environmental facilities home businesses home industries retail plant nurseries roads roadside stalls signs stormwater management facilities telecommunications facilities utility installations wholesale plant nurseries 4 Prohibited Development not listed in item 2 or 3. Zone 2 (1) Residential Zone 1 Objectives of zone The objectives of this zone are to: (a) permit development of neighbourhoods of low-density housing, and (b) provide for general stores, community service activities or development that includes home businesses whilst maintaining and enhancing the residential amenity of the surrounding area, and (c) ensure that housing development respects the character of surrounding development and is of good quality design, and (d) provide for sustainable water cycle management. 2 Without development consent Exempt development as provided in Schedule 1. 3 Only with development consent Development for the purpose of: bed and breakfast accommodation boarding houses child care centres community facilities drainage dual occupancies—attached dual occupancies—detached dwelling houses dwelling houses—exhibition earthworks educational establishments emergency services facilities environmental facilities general stores group homes home businesses home industries places of public worship professional consulting rooms roads seniors housing signs small lot housing sporting facilities stormwater management facilities telecommunications facilities utility installations 4 Prohibited Development not listed in item 2 or 3. Zone 2 (2) Residential (Urban Living) Zone 1 Objectives of zone The objectives of this zone are to: (a) provide for medium and high density housing, and (b) encourage development of good quality design within the zone, and (c) provide an environment where people can live and work in home businesses and professional services whilst maintaining the residential amenity of the surrounding area, and (d) provide residents with good access to a range of urban services and facilities, and (e) encourage amalgamation of existing lots to facilitate well designed medium and high density development, and (f) provide for sustainable water cycle management. 2 Without development consent Exempt development as provided in Schedule 1. 3 Only with development consent Development for the purpose of: bed and breakfast accommodation boarding houses child care centres clubs community facilities drainage dwelling houses earthworks educational establishments environmental facilities general stores group homes home businesses home industries hotel or motel accommodation multiple dwelling housing places of public worship professional consulting rooms residential flat buildings roads seniors housing signs small lot housing sporting facilities stormwater management facilities telecommunications facilities utility installations 4 Prohibited Development not listed in item 2 or 3. Zone 3 (1) Urban Centre (Core) Zone 1 Objectives of zone The objectives of this zone are to: (a) provide land for commercial, retail, recreational and housing uses in a central location, and (b) generate viable employment and economic activity, and (c) create urban centres for safe and vibrant social, cultural and community activity, and (d) create public spaces that are accessible, welcome all people and are a central focus for the community, and (e) provide for sustainable water cycle management. 2 Without development consent Exempt development as provided in Schedule 1. 3 Only with development consent Development for the purpose of: backpackers’ accommodation bottle shops brothels bus stations car parking facilities car repair stations child care centres clubs commercial premises community facilities drainage earthworks educational establishments emergency services facilities entertainment facilities environmental facilities helipads home businesses hotel or motel accommodation large-scale commercial premises medical centres mixed use development motor showrooms places of public worship pubs recreation facilities restaurants restricted premises roads seniors housing service stations serviced apartments shops signs sporting facilities stormwater management facilities telecommunications facilities utility installations veterinary hospitals 4 Prohibited Development not listed in item 2 or 3. Zone 3 (2) Urban Centre (Support) Zone 1 Objectives of zone The objectives of this zone are to: (a) provide land for development that supports the viability of Urban Centre (Core) zoned land, and (b) encourage good quality design within the zone, and (c) provide land for mixed use development comprising residential uses in combination with commercial and retail uses, professional services and home based businesses, and (d) provide for sustainable water cycle management. 2 Without development consent Exempt development as provided in Schedule 1. 3 Only with development consent Development for the purpose of: backpackers’ accommodation bulky goods premises bus stations car parking facilities car repair stations child care centres clubs commercial premises community facilities drainage earthworks educational establishments emergency services facilities environmental facilities general stores home businesses home industries hospitals hotel or motel accommodation large-scale commercial premises marinas medical centres mixed use development motor showrooms places of public worship pubs recreation facilities restaurants roads seniors housing service stations serviced apartments signs sporting facilities stormwater management facilities telecommunications facilities utility installations veterinary hospitals 4 Prohibited Development not listed in item 2 or 3. Zone B4 Mixed Use Zone 1 Objectives of zone The objectives of this zone are: (a) to provide for a mixture of compatible land uses, and (b) to integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling, and (c) to enable development that complements and enhances the core retail function and trading performance of the local area within the regional retail hierarchy. 2 Without development consent Exempt development as provided in Schedule 1. 3 Only with development consent Development for the purpose of: advertising structures amusement centres backpackers’ accommodation boarding houses building identification signs business identification signs business premises car parks child care centres community facilities drainage earthworks emergency services facilities entertainment facilities environmental facilities environmental protection works exhibition homes food and drink premises function centres funeral chapels funeral homes group homes group homes (permanent) home-based child care home businesses home industries hospitals hostels hotel or motel accommodation information and education facilities kiosks medical centres mixed use development mortuaries multi dwelling housing neighbourhood shops office premises passenger transport facilities places of public worship public administration buildings public utility undertakings pubs recreation areas recreation facilities (indoor) registered clubs residential care facilities residential flat buildings restaurants retail premises seniors housing serviced apartments shop top housing shops signage take away food and drink premises tourist and visitor accommodation vehicle sales or hire premises veterinary hospitals waterbodies (artificial) waterbodies (natural) watercourses wetland 4 Prohibited Development not listed in item 2 or 3. Note: Words and expressions used in relation to development on land in this zone have the same meaning as they have in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006. Zone 4 (1) Industrial (Core) Zone 1 Objectives of zone The objectives of this zone are to: (a) provide land for a wide range of employment-generating industries, including manufacturing, processing, assembly, storage and distribution uses, and (b) provide land for a range of industrial uses that, because of their nature, require large areas of land or separation from more intensive forms of employment generating industries, and (c) ensure that industries are designed and located so as not to cause unacceptable environmental harm or adversely affect the amenity of the environment, including residential neighbourhoods, and (d) provide for sustainable water cycle management. 2 Without development consent Exempt development as provided in Schedule 1. 3 Only with development consent Development for the purpose of: aquaculture brothels bulk stores bus stations car parking facilities car repair stations child care centres depots drainage earthworks emergency services facilities energy generation works environmental facilities extractive industries general stores hazardous industries hazardous storage establishments helipads high technology industries industries junk yards light industries liquid fuel depots mines offensive industries offensive storage establishments rail lines roads service stations signs storage facilities stormwater management facilities sustainable generating works telecommunications facilities transport terminals utility installations warehouses waste management and/or recycling facilities 4 Prohibited Development not listed in item 2 or 3. Zone 4 (2) Industrial (General) Zone 1 Objectives of zone The objectives of this zone are to: (a) provide land for light industries that can service surrounding community needs and provide local employment opportunities, and (b) enable ancillary retail/commercial uses, in conjunction with an approved development, providing it will not undermine the retail function and general amenity of existing and future urban centres, and (c) ensure that development is well designed, has minimal adverse impact on the environment and integrates with the urban environment, and (d) provide opportunities for high technology industries, scientific research and development, or similar activities, and (e) provide for sustainable water cycle management. 2 Without development consent Exempt development as provided in Schedule 1. 3 Only with development consent Development for the purpose of: animal establishments aquaculture brothels building products warehouses and showrooms bulk stores bus stations car parking facilities car repair stations child care centres depots drainage earthworks emergency services facilities entertainment facilities environmental facilities general stores high technology industries industries junk yards light industries motor showrooms places of public worship recreation facilities retail plant nurseries roads service stations signs sporting facilities storage facilities stormwater management facilities telecommunications facilities transport terminals utility installations veterinary hospitals warehouses wholesale plant nurseries 4 Prohibited Development not listed in item 2 or 3. Zone 4 (3) Industrial (Urban Services) Zone 1 Objectives of zone The objectives of this zone are to: (a) provide land for light industries that can service surrounding community needs and provide local employment opportunities, and (b) provide land for the wholesale or retail sale of bulky goods, and (b1) provide land for research and development, and for applied technology, that can service surrounding community needs and provide employment opportunities, and (c) support the role of existing and future urban centres while not undermining the retail and commercial functions and general amenity of these centres, and (d) ensure that development is well designed, has minimal adverse impact on the environment and integrates with the urban environment, and (e) provide for sustainable water cycle management. 2 Without development consent Exempt development as provided in Schedule 1. 3 Only with development consent Development for the purpose of: animal establishments brothels building products warehouses and showrooms bulky goods premises bus stations car parking facilities car repair stations child care centres drainage earthworks emergency services facilities environmental facilities general stores high technology industries large-scale commercial premises light industries medical centres motor showrooms places of public worship recreation facilities restaurants retail plant nurseries roads service stations signs sporting facilities storage facilities stormwater management facilities telecommunications facilities transport terminals utility installations veterinary hospitals warehouses wholesale plant nurseries 4 Prohibited Development not listed in item 2 or 3. Zone 5 Infrastructure Zone 1 Objectives of zone The objectives of this zone are to: (a) provide land for future infrastructure needs such as roads, drainage and other utilities, and (b) provide land required for the expansion of existing community facilities or the development of new community facilities, and (c) provide for limited development within the zone where it can be demonstrated that the development will not prejudice or have the potential to prejudice the intended future infrastructure development of that land, and (d) ensure that development on adjacent or adjoining land zoned infrastructure does not prejudice future infrastructure development within that zone, and (e) provide for sustainable water cycle management. 2 Without development consent Exempt development as provided in Schedule 1. 3 Only with development consent Development for the purpose of: agriculture (other than intensive agriculture) airline terminals airports bus stations car parking facilities cemeteries and crematoriums child care centres community facilities drainage earthworks educational establishments emergency services facilities energy generation works entertainment facilities environmental facilities helipads heliports hospitals hotel or motel accommodation medical centres places of public worship rail lines restaurants roads signs stormwater management facilities telecommunications facilities transport terminals utility installations veterinary hospitals 4 Prohibited Development not listed in item 2 or 3. Zone 6 (1) Open Space Zone 1 Objectives of zone The objectives of this zone are to: (a) provide community owned land or land intended to be owned by the community (shown with crosshatching on the map) that is suitable for the passive and active recreation needs of the community, and (b) provide for a variety of facilities necessary to support use of this land including barbeque facilities, toilet facilities, sports administration and changing rooms, clubhouses, cycle ways, seating, lighting and the like, and (c) facilitate preservation of the environmental qualities of land identified in this plan for public ownership, and (d) provide for the use of public land leased from the Council where community benefit can be established and the use of the land is appropriate for its location, and (e) provide for sustainable water cycle management. 2 Without development consent Exempt development as provided in Schedule 1. 3 Only with development consent Development for the purpose of: animal establishments car parking facilities caravan parks cemeteries and crematoriums child care centres clubs community facilities drainage earthworks educational establishments emergency services facilities entertainment facilities environmental facilities helipads marinas places of public worship recreation facilities restaurants roads signs sporting facilities stormwater management facilities telecommunications facilities utility installations 4 Prohibited Development not listed in item 2 or 3. Zone 6 (2) Tourism and Recreation Zone 1 Objectives of zone The objectives of this zone are to: (a) provide land primarily for commercial recreation and tourist uses, and (b) encourage good quality design within the zone, and (c) provide land for good quality tourist development, and (d) provide land for function and entertainment centres, and (e) encourage tourism development that is sensitively designed to complement its location and minimise any adverse impacts on the environment, and (f) provide for sustainable water cycle management. 2 Without development consent Exempt development as provided in Schedule 1. 3 Only with development consent Development for the purpose of: animal establishments backpackers’ accommodation car parking facilities caravan parks clubs community facilities drainage earthworks eco-tourism facilities educational establishments emergency services facilities entertainment facilities environmental facilities function centres helipads hotel or motel accommodation manufactured home estates marinas places of public worship pubs recreation facilities restaurants roads serviced apartments signs sporting facilities stormwater management facilities telecommunications facilities tourist resorts utility installations 4 Prohibited Development not listed in item 2 or 3. Zone 7 (1) Conservation (Primary) Zone 1 Objectives of zone The objectives of this zone are to: (a) provide and conserve land having ecological, scientific, geological, educational, faunal, floristic or aesthetic values, and (b) preserve and enhance areas of significant vegetation and habitat to promote the regeneration of ecosystems and eradication of invasive species that compete with native flora and fauna, and (c) conserve, enhance and manage corridors to facilitate species movement, dispersal and interchange of genetic material, and (d) exclude activities which would prejudice the ongoing conservation or rehabilitation of land, and (e) encourage activities that meet conservation objectives, and (f) protect land within this zone from impacts from development on adjoining zones, and (g) provide for sustainable water cycle management. 2 Without development consent Exempt development as provided in Schedule 1. 3 Only with development consent Development for the purpose of: bed and breakfast accommodation drainage dwelling houses earthworks environmental facilities home businesses home industries roads signs stormwater management facilities utility installations 4 Prohibited Development not listed in item 2 or 3. Zone 7 (2) Conservation (Secondary) Zone 1 Objectives of zone The objectives of this zone are to: (a) protect, conserve and enhance land that is environmentally important, and (b) protect, manage and enhance corridors to facilitate species movement, dispersal and interchange of genetic material, and (c) enable development where it can be demonstrated that the development will not compromise the ecological, hydrological, scenic or scientific attributes of the land or adjacent land in Zone 7 (1), and (d) ensure that development proposals result in rehabilitation and conservation of environmentally important land, and (e) provide for sustainable water cycle management. 2 Without development consent Exempt development as provided in Schedule 1. 3 Only with development consent Development for the purpose of: bed and breakfast accommodation community facilities drainage dual occupancies—attached dwelling houses earthworks eco-tourism facilities emergency services facilities environmental facilities home businesses home industries roads roadside stalls signs stormwater management facilities telecommunications facilities utility installations 4 Prohibited Development not listed in item 2 or 3. Zone 7 (3) Environmental (General) Zone 1 Objectives of zone The objectives of this zone are to: (a) maintain and enhance biodiversity, scenic quality and native riparian vegetation and habitat, and (b) protect, manage and enhance corridors to facilitate species movement, dispersal and interchange of genetic material, and (c) ensure that development and land management practices do not have an adverse effect on water quality, land surface conditions and important ecosystems such as waterbodies, waterways, wetlands and rainforests, and (d) protect and enhance natural, rural and heritage landscapes, and (e) provide for sustainable water cycle management, and (f) encourage rehabilitation and conservation of environmentally important land. 2 Without development consent Exempt development as provided in Schedule 1. 3 Only with development consent Development for the purpose of: agriculture (other than intensive agriculture) bed and breakfast accommodation community facilities drainage dual occupancies—attached dwelling houses earthworks eco-tourism facilities educational establishments emergency services facilities environmental facilities forestry home businesses home industries places of public worship retail plant nurseries roads roadside stalls signs stormwater management facilities telecommunications facilities utility installations 4 Prohibited Development not listed in item 2 or 3. Zone 7 (4) Environmental (Coastline) Zone 1 Objectives of zone The objectives of this zone are to: (a) provide and conserve an area for natural coastal processes, and (b) permit appropriate development where consistent with the Coastal Impact Zone (as identified in the Lake Macquarie Coastline Management Plan 1999), and (c) conserve and enhance the scenic values and natural, Aboriginal and European heritage associated with the coastline, and (d) minimise disturbance of the coastline environment, and (e) encourage ongoing dune stabilisation and rehabilitation of native vegetation, and (f) ensure that development facilitates public access to the coastline and supports the optimum and efficient development of the coastal walk (as identified in the Lake Macquarie Coastline Management Plan 1999), and (g) ensure that development is sympathetic in design, bulk and scale with the coastline environment, and (h) provide for sustainable water cycle management, and (i) protect, enhance and manage corridors to facilitate species movement, and the dispersal and interchange of genetic material. 2 Without development consent Exempt development as provided in Schedule 1. 3 Only with development consent Development for the purpose of: car parking facilities clubs community facilities drainage earthworks emergency services facilities environmental facilities helipads restaurants roads signs sporting facilities stormwater management facilities utility installations 4 Prohibited Development not listed in item 2 or 3. Zone 7 (5) Environmental (Living) Zone 1 Objectives of zone The objectives of this zone are to: (a) provide land with ecological, geological, scientific, scenic and biodiversity values that may accommodate minimal impact, low density residential and agricultural development, and (b) manage development to minimise adverse impacts on those values, such as by encouraging appropriate use of disturbed land, and (c) protect, enhance and manage corridors to facilitate species movement, dispersal and interchange of genetic material, and (d) encourage rehabilitation and conservation of environmentally important land, and (e) provide for sustainable water cycle management. 2 Without development consent Exempt development as provided in Schedule 1. 3 Only with development consent Development for the purpose of: agriculture (other than intensive agriculture) bed and breakfast accommodation drainage dual occupancies—attached dwelling houses earthworks eco-tourism facilities educational establishments emergency services facilities environmental facilities home businesses home industries roads roadside stalls signs stormwater management facilities telecommunications facilities utility installations 4 Prohibited Development not listed in item 2 or 3. Zone 8 National Park Zone 1 Objectives of zone The objectives of this zone are to: (a) identify land that is reserved or dedicated under the National Parks and Wildlife Act 1974, and (b) allow for the management and appropriate use of that land as provided for in the National Parks and Wildlife Act 1974, and (c) promote the survival of flora and fauna by conserving viable reserves in large holdings with appropriate connections to other reserves. 2 Without development consent Development for the purpose of land uses authorised by or under the National Parks and Wildlife Act 1974, and any development incidental or ancillary to such land uses. 3 Only with development consent Nil. 4 Prohibited Development not listed in item 2. Zone 9 Natural Resources Zone 1 Objectives of zone The objectives of this zone are to: (a) provide land that has dual values as an economic natural resource and for environmental protection, and (b) recognise the dual values of the land and integrate economic use of the land with ecological sustainability, and (c) acknowledge the economic value of its natural resources, particularly for extraction of coal, gravel and timber, and (d) acknowledge the long term value of the land for the management and maintenance of biodiversity, threatened species habitat, and corridors by minimising the adverse impacts of resource development, and (e) rehabilitate disturbed land to a natural state, reflective of its long term value, and (f) minimise earthworks while enabling productive use of the land, and (g) permit habitat disturbance to facilitate forestry, surface activities for underground mining and other extraction of mineral and gravel resources and energy generation works, and (h) acknowledge the multiple use of State forests for tourism, conservation and sustainable harvesting of timber, and (i) provide for sustainable water cycle management. 2 Without development consent Exempt development as provided in Schedule 1. 3 Only with development consent Development for the purpose of: agriculture (other than intensive agriculture) car parking facilities drainage earthworks emergency services facilities energy generating works environmental facilities extractive industries forestry hazardous industries hazardous storage establishments helipads industries liquid fuel depots mines offensive industries offensive storage establishments rail lines roads rural industries sawmills signs stormwater management facilities sustainable generating works telecommunications facilities transport terminals utility installations waste management and/or recycling facilities 4 Prohibited Development not listed in item 2 or 3. Zone 10 Investigation Zone 1 Objectives of zone The objectives of this zone are to: (a) provide land for future development and/or conservation, and (b) ensure that land in this zone is thoroughly assessed to identify and substantiate future uses, and (c) provide for limited development of the land and allow that development only where it can be proven not to prejudice or have the potential to prejudice future protection or use of the land, and (d) ensure that land is released in a strategic and efficient manner consistent with the Lifestyle 2020 Strategy, and (e) require comprehensive local environmental studies to substantiate the capability and suitability of land in this zone proposed for rezoning, and (f) provide for sustainable water cycle management. 2 Without development consent Exempt development as provided in Schedule 1. 3 Only with development consent Development for the purpose of: agriculture (other than intensive agriculture) bed and breakfast accommodation drainage dwelling houses earthworks emergency services facilities environmental facilities home businesses home industries roads roadside stalls signs stormwater management facilities telecommunications facilities utility installations 4 Prohibited Development not listed in item 2 or 3. Zone 11 Lakes and Waterways Zone 1 Objectives of zone The objectives of this zone are to: (a) recognise the importance of Lake Macquarie and its waterways as an environmental asset, not only to Lake Macquarie City, but to the Hunter and Central Coast Regions, and (b) ensure that development of the Lake and its waterways occurs in a manner that is consistent with the principles of ecologically sustainable development, and (c) ensure development does not adversely affect the ecology, scenic values or navigability of the Lake or its waterways, and (d) ensure that aquatic and terrestrial habitats and their interface are protected and enhanced and are not adversely affected by the recreational use of the Lake or its waterways, and (e) provide for sustainable and viable economic use of the Lake and its waterways, and (f) provide for sustainable water cycle management. 2 Without development consent Exempt development as provided in Schedule 1. Development for the purpose of: aids to navigation required by the Maritime Authority of NSW moorings, except commercial moorings, if in accordance with a Mooring Management Plan approved by the Maritime Authority of NSW. 3 Only with development consent Any development not listed in item 2. 4 Prohibited Nil. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 15A Controls relating to bed and breakfast accommodation 15A Controls relating to bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this plan, the accommodation that is provided to guests must consist of no more than 5 bedrooms. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 15B Controls relating to farm stay accommodation 15B Controls relating to farm stay accommodation If development for the purposes of farm stay accommodation is permitted under this plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 16 Development consent—matters for consideration 16 Development consent—matters for consideration Consent must not be granted for development unless the consent authority: (a) has had regard to the vision, values and aims of the Lifestyle 2020 Strategy expressed in Part 2, and (b) is satisfied that such of the development as is proposed to be carried out within a zone is consistent with the relevant objectives for the zone, as set out in the Table to clause 15. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 17 Provision of essential infrastructure 17 Provision of essential infrastructure Consent must not be granted for development on any land to which this plan applies unless the consent authority: (a) is satisfied that adequate arrangements have been made for the provision of any infrastructure that is essential for the proposed development, including the following: (i) a supply of water, (ii) provision of energy, (iii) provision of telecommunications, (iv) a system for the disposal and management of sewage, and (b) has considered the impacts of the provision of that infrastructure on the land to which the development application relates. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 18 Temporary development of land 18 Temporary development of land (1) Despite any other provision of this plan, a person may carry out development on any land with development consent for any purpose for a maximum period of 28 days in any one year. (2) Consent may be granted under this clause only if, in the opinion of consent authority, the development contributes to the social, environmental, cultural and economic well-being of the community. (3) To avoid doubt, State Environmental Planning Policy No 1—Development Standards does not apply to a requirement made by subclause (1). LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 20 Suspension of covenants, agreements or instruments 20 Suspension of covenants, agreements or instruments (1) Any covenant, agreement or similar instrument which affects development allowed by this plan does not apply to the extent necessary to allow the development. (2) Nothing in subclause (1) affects the rights or interests of any statutory corporation, public authority or Minister of the Crown under any registered instrument. (3) Pursuant to section 28 of the Act, the Governor approved of subclauses (1) and (2) before this plan was made. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 21 Development the subject of SEPP 1 application 21 Development the subject of SEPP 1 application The consent authority, in determining a written objection made pursuant to State Environmental Planning Policy No 1—Development Standards, is to consider the underlying objectives of the development standard or other requirement concerned and the following, to the extent that they are relevant to the proposed development: (a) neighbourhood and local context, (b) topography, (c) solar orientation, (d) neighbourhood amenity and character, (e) privacy, (f) overshadowing, (g) security, safety and access, (h) local infrastructure, (i) landscape design, (j) waste disposal, in addition to the matters referred to in that policy. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 22 Foreshore building lines 22 Foreshore building lines (1) The objectives of this clause are: (a) preservation and enhancement of the natural features and vegetation near where land meets the high water mark, and (b) restoration of the land below any foreshore building line, so far as practicable, to a natural state, with a minimum intrusion of man-made structures, and (c) removal of structures and works below any foreshore building line (particularly on redevelopment of land), other than those excepted by clause 23, and (d) conservation and enhancement of waterfront structures of heritage value, and (e) avoidance of adverse ecological effects on the waterways, and (f) enhancement of the visual amenity of Lake Macquarie. (2) Clause 7 of the Environmental Planning and Assessment Model Provisions 1980 is adopted for the purposes of this plan. Note: Clause 7 of the Environmental Planning and Assessment Model Provisions 1980 allows the Council to fix a foreshore building line and sets out the effect of such a line. (3) State Environmental Planning Policy No 1—Development Standards applies to a requirement made by clause 7 of those provisions, when adopted for the purposes of this plan, in the same way as it applies to a development standard. (4) The resolution of the Council cited as Lake Macquarie Foreshore Building Line Resolution and adopted by the Council on 18 July 1988 (copies of which are available from the office of the Council) is taken to have been made under clause 7 (1) of those provisions, as adopted for the purposes of this plan. (5) Any references in that resolution to a "current plan" are taken to be references to a current plan within the meaning of the Conveyancing Act 1919. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 23 Foreshore development and development below DP high water mark 23 Foreshore development and development below DP high water mark (1) Foreshore development and development for the purpose of utility installations may be carried out only with development consent between a foreshore building line that is fixed with respect to a DP high water mark and the DP high water mark. (2) Development below DP high water mark may be carried out only with development consent which must not be granted unless the consent authority is satisfied: (a) that all existing structures and works on the land below DP high water mark will be removed before or within a reasonable time after development is carried out, or (b) that it is unreasonable or unnecessary in the circumstances of the case for that removal to occur, having regard to the objectives of clause 22 and the provisions of any relevant development control plan. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 24 Subdivision 24 Subdivision (1) Despite any other provision of this plan, subdivision of land, other than that identified in subclause (9), may be carried out only with development consent. (2) Land in any zone may be subdivided only if the consent authority is satisfied: (a) that the resulting lots will conform to the requirements in Schedule 2 (Subdivision standards) applicable to subdivision in that zone, and (b) the resulting lots can be developed in accordance with this plan. (3) To avoid doubt, State Environmental Planning Policy No 1—Development Standards applies to a requirement referred to in subclause (2) (a) in the same way as it applies to a development standard. (4) Consent must not be granted to a subdivision of land in Zone 2 (1) or 2 (2) for the purpose of small lot housing unless consent has been or is also given to the erection on the land of dwellings that will comprise small lot housing. (5) Consent must not be granted for a subdivision of land in Zone 2 (1) for the purpose of dual occupancy-attached or dual occupancy- detached unless consent has been or is also granted for the erection on the land of dwellings comprising that form of dual occupancy. (7) The subdivision of land in Zone 2 (1) or 2 (2) for small lot housing is prohibited if it would result in the creation of any battle-axe lots. (8) The subdivision of land in Zone 10 is prohibited unless the lots proposed to be created are to be reserved or dedicated for public open space, public roads or environmental protection purposes. (9) Consent is not required for a subdivision for the purpose only of any one or more of the following: (a) widening a public road, (b) a minor realignment of boundaries that does not create: (i) additional lots or the opportunity for additional dwellings, or (ii) lots that are smaller than the minimum size provided for by this plan in relation to the land concerned, (c) a consolidation of lots that does not create additional lots or the opportunity for additional dwellings, (d) rectifying an encroachment on a lot, (e) creating a public reserve, (f) excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public toilets. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 25 Demolition 25 Demolition Except as provided otherwise by this plan, the demolition of a building or work requires development consent. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 26 Dwelling houses and dual occupancies in Zone 1 (1), 7 (1), 7 (2), 7 (3) or 10 26 Dwelling houses and dual occupancies in Zone 1 (1), 7 (1), 7 (2), 7 (3) or 10 (1) This clause applies to land in Zone 1 (1), 7 (1), 7 (2), 7 (3) or 10. (2) In this clause: "dwelling lot" means: (a) an existing holding, or (b) a lot that complies with such of the requirements set out in Schedule 2 (Subdivision standards) as apply to the land comprising the lot. "existing holding" means: (a) except as provided by paragraph (b), a lot, portion or parcel of land as it was on 21 August 1981, or (b) where, on 21 August 1981, a person owned 2 or more adjoining or adjacent lots, portions or parcels of land, the aggregation of those lots, portions or parcels as they were on that date. (3) A dwelling must not be erected or created on land to which this clause applies, except in accordance with this clause. (4) Consent may be granted for the erection or creation of: (a) a dwelling house or dual occupancy-attached on a dwelling lot in Zone 1 (1), 7 (2) or 7 (3), or (b) a dwelling house on a dwelling lot in Zone 7 (1) or 10. (5) Consent must not be granted for the erection or creation of a dwelling house or dual occupancy-attached on a dwelling lot if its erection or creation would mean: (a) if the lot is in Zone 1 (1), 7 (1), 7 (2), 7 (3) or 10—that there is more than one dwelling house on the dwelling lot (counting any dwelling house already on the lot), or (b) if the lot is in Zone 1 (1), 7 (2) or 7 (3)—that there are more than two dwellings on the dwelling lot (counting any dwelling already on the lot). (6) Consent must not be granted for the erection or creation of a dual occupancy-attached or dual occupancy-detached on a neighbourhood lot in Zone 7 (3). (7) If consent is granted for the erection or creation of a dwelling house or a dual occupancy-attached on land comprising an existing holding, the consent authority may impose a condition of consent that requires the consolidation of all lots, portions or parcels that comprise that existing holding. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 27 Dwelling houses, small lot housing and dual occupancies in Zone 1 (2), 2 (1), 2 (2) or 7 (5) 27 Dwelling houses, small lot housing and dual occupancies in Zone 1 (2), 2 (1), 2 (2) or 7 (5) (1) This clause applies to land in Zone 1 (2), 2 (1), 2 (2) or 7 (5). (2) In this clause: "dwelling lot" means a lot that: (a) was a lawfully created lot at the commencement of this plan, or (b) is a lot lawfully created after that commencement under a development consent granted before or after that commencement, or (c) complies with such of the requirements set out in Schedule 2 (Subdivision standards) as apply to the land comprising the lot. (3) A dwelling must not be erected or created on land to which this clause applies, except in accordance with this clause. (4) Consent may be granted for the erection or creation of: (a) a dwelling house on a dwelling lot in Zone 2 (2), or (b) a dwelling house or dual occupancy-attached on a dwelling lot in Zone 1 (2) or 7 (5), or (c) a dwelling house, dual occupancy-attached or dual occupancy-detached on a dwelling lot in Zone 2 (1). (5) Consent must not be granted for the erection or creation of a dwelling house, dual occupancy-attached or dual occupancy-detached on a dwelling lot if its erection or creation would mean: (a) if the lot is in Zone 1 (2), 2 (1), 2 (2) or 7 (5)—that there is more than one dwelling house on the dwelling lot (counting any dwelling house already on the lot), or (b) if the lot is in Zone 1 (2), 2 (1) or 7 (5)—that there are more than two dwellings on the dwelling lot (counting any dwelling already on the lot). (6) Consent must not be granted for the erection or creation of a dual occupancy-attached or dual occupancy-detached on a neighbourhood lot in Zone 1 (2) or 7 (5). (7) Consent must not be granted for the erection or creation of a dual occupancy-attached or dual occupancy-detached on a battle-axe lot in Zone 2 (1). (8) Consent must not be granted for the erection or creation of small lot housing in Zone 2 (1) or 2 (2): (a) on a battle-axe lot, or (b) on a lot less than 1,000 square metres in area. (9) Consent must not be granted to the erection or creation in Zone 2 (1) of: (a) a dual occupancy-attached on a lot less than 500 square metres in area, or (b) a dual occupancy-detached on a lot less than 600 square metres in area. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 28 Dwelling houses on South Wallarah Peninsula in Zone 7 (1) 28 Dwelling houses on South Wallarah Peninsula in Zone 7 (1) Despite any other provision of this plan, a person must not erect a dwelling house on an allotment of land within Zone 7 (1) within the South Wallarah Peninsula, being the land south of the land to which Lake Macquarie Local Environmental Plan 2000—North Wallarah Peninsula applies, unless the allotment has an area of not less than 100 hectares. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 28A Residential flat buildings and multiple dwelling housing in Zone 2 (2) 28A Residential flat buildings and multiple dwelling housing in Zone 2 (2) (1) Consent must not be granted to the erection or creation of a residential flat building on: (a) an irregular or standard corner allotment in Zone 2 (2) unless the allotment has a minimum area of 1,500 square metres and a minimum width of 30 metres, or (b) a battle-axe allotment in Zone 2 (2) unless the allotment has a minimum area of 2,000 square metres and the battle-axe access handle has a minimum width of 8 metres, or (c) any other irregular allotment or standard allotment in Zone 2 (2) unless the allotment has a minimum area of 1,200 square metres and a minimum width of 30 metres. (2) Consent must not be granted to the erection or creation of multiple dwelling housing on: (a) a corner allotment in Zone 2 (2) unless the allotment has a minimum area of 1,200 square metres and a minimum width of 30 metres, or (b) a battle-axe allotment in Zone 2 (2) unless the allotment has a minimum area of 1,500 square metres and the battle-axe access handle has a minimum width of 8 metres, or (c) any other allotment in Zone 2 (2) unless the allotment has a minimum area of 900 square metres and a minimum width of 25 metres. (3) In this clause: "width" means the distance of the perpendicular line between the side boundaries, as measured at the front building setback. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 29 Building heights 29 Building heights (2) In considering an application for consent to the erection of a building the whole or part of which exceeds 8 metres, the consent authority must take into consideration whether that height is compatible with the heights of other buildings in the immediate vicinity or locality and is compatible with: (a) the site attributes, and existing or proposed uses of the land to which the application relates, and (b) the other requirements of this plan and the provisions of any relevant development control plan. (3) In the instance of development in proximity to an airport, the heights of buildings must comply with the applicable Obstacle Limitation Surface. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 30 Control of pollution 30 Control of pollution Consent must not be granted to development unless the consent authority is satisfied that all reasonable and practicable control measures will be implemented to minimise pollution likely to arise from carrying out that development. Note: Pollution may be of air, noise or water. Water pollution includes nutrient and sediment loading. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 31 Erosion and sediment control 31 Erosion and sediment control (1) This clause applies to development that involves or that, in the opinion of the consent authority, may give rise to the exposure of the soil surface of land to the action of wind or water, whether as a consequence of: (a) the carrying out of earthworks, or (b) the destruction or removal of vegetation, or (c) the carrying out of any other class of development. (2) Consent must not be granted to development to which this clause applies unless: (a) the consent authority is satisfied that all reasonable and practicable control measures will be carried out to prevent or minimise the effects of erosion and sediment, and (b) where the area of soil surface exposure is greater than 250 square metres, but less than 2,500 square metres, the consent authority has considered an erosion and sediment control plan complying with erosion and sediment control guidelines adopted by the Council, and whether the consent will include a condition requiring the development to be carried out in accordance with that plan, and (c) where the area of soil surface exposure is 2,500 square metres or greater, the consent authority has considered a soil and water management plan complying with construction guidelines adopted by the Council, and whether the consent will include a condition requiring the development to be carried out in accordance with that plan. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 32 Flood prone land 32 Flood prone land (1) Despite any other provision of this plan, a person must not erect a structure or carry out a work on flood prone land without development consent. (2) Before granting consent required by this clause, the consent authority must: (a) consider the contents of any flood management plan or development control plan applying to the land that has been prepared in accordance with the principles contained in the flood management manual, which is available from the office of the Council, and (b) be satisfied that to carry out the development in accordance with the consent would be consistent with flood hazard and levels of risk that are acceptable to the community. (3) The consent authority may, by a condition of consent to the carrying out of development referred to in subclause (1), require all floors or levels of the structure or work to be at a height sufficient, in the opinion of the consent authority, to prevent or reduce the incidence of flooding of that structure or work, or of adjoining land. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 33 Bush fire considerations 33 Bush fire considerations (1) This clause applies to bush fire prone land. Note: Section 146 of the Act provides that bush fire prone land is land recorded by the Council as such on a map certified by the Commissioner of the NSW Rural Fire Service as a bush fire prone land map for the area of the Council. (2) A person must not carry out bush fire hazard reduction work without development consent unless the person is authorised to carry out the work without consent by or under the Rural Fires Act 1997 or another Act. (3) Before granting consent required by this clause, the consent authority must: (a) have regard to the relevant provisions of Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006, and available at the office of the Council, and (b) be satisfied that: (i) the measures proposed to avoid or mitigate the threat from bush fire, including the siting of the proposed development, the design of, and materials used in, any structures involved, the clearing of vegetation, and the provision of asset protection zones, landscaping and fire control aids (such as roads and water supplies), are adequate for the locality, and (ii) as far as possible, the potential impact on the environment of mitigation measures proposed is minimised. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 34 Trees and native vegetation 34 Trees and native vegetation Note: Part 6 contains controls relating to trees that are heritage items or within heritage conservation areas. (1) This clause applies to all land except: (a) State forest or other Crown-timber lands within the meaning of the Forestry Act 1916, or (b) land within Zone 8. (2) Except as provided by subclause (3), a person must not clear any tree or any native vegetation unless in accordance with a development consent that is in force. (3) Consent is not required for: (a) the clearing of trees or native vegetation authorised or required by or under the Electricity Supply Act 1995, or (b) the clearing of trees or native vegetation authorised or required by or under the Roads Act 1993, or (c) the clearing or harvesting of trees grown commercially or domestically for their edible fruit, or (d) the control of noxious weeds within the meaning of the Noxious Weeds Act 1993, or (e) the clearing of commercially grown plantation trees in accordance with the Plantations and Reafforestation Act 1999, or (f) the clearing of native vegetation without consent if authorised under the Native Vegetation Conservation Act 1997, any other Act or another environmental planning instrument, or (g) the removal of hazardous dead trees within Zone 2 (1), 2 (2), 3 (1), 3 (2), 4 (1), 4 (2), 4 (3), 5, 6 (1) or 6 (2), except where the trees provide habitat for species listed in Schedule 1 or 2 to the Threatened Species Conservation Act 1995, or (h) the removal of native vegetation on land, other than in Zone 7 (1), for the purpose of creating or maintaining landscaped and lawn areas where: (i) the removal, injury or destruction of trees is not involved, and (ii) the area to be cleared is less than 600 square metres in total and is on the same allotment as, and within the curtilage of, a dwelling for which development consent has been granted, and (iii) the soil surface exposed in any period of 90 consecutive days will not exceed 250 square metres, and (iv) the slope of the land does not exceed 15 degrees, and (v) the work does not involve the disturbance of native vegetation which is habitat for species listed in Schedule 1 or 2 to the Threatened Species Conservation Act 1995, and (vi) the area is not subject to a development consent that requires the trees or native vegetation to be retained, or (i) bushfire hazard reduction work, within the meaning of the Rural Fires Act 1997, that is exempted from any requirement for development consent by the operation of that Act, or (j) the clearing of any tree (other than any tree listed on the Council’s Significant Tree Register) or native vegetation that is: (i) within 5 metres of the outermost projection of a lawfully used building (being a building that is not exempt development), and (ii) on the same allotment as that building, but only if a development consent does not require the tree or native vegetation to be retained, or (k) the clearing of any tree (other than a tree listed on the Council’s Significant Tree Register) or native vegetation that is: (i) within 1 metre of a sealed driveway to a lawfully used building (being a building that is not exempt development), and (ii) on the same allotment as that building, but only if a development consent does not require the tree or native vegetation to be retained, or (l) the clearing of any tree or native vegetation where the Council is satisfied beforehand that the tree or native vegetation ought to be cleared because it is dangerous to life or property, or (m) the clearing of any tree or native vegetation required by an order given under Division 1 of Part 2 of Chapter 7 of the Local Government Act 1993. (4) Consent must not be granted for the clearing of any tree or native vegetation unless the consent authority has considered a statement of environmental effects that assesses in respect of the vicinity of the proposed clearing: (a) soil stability and prevention of land degradation, and (b) water quality and associated ecosystems such as streams, rivers, waterbodies or waterways, and (c) scenic or environmental amenity, and (d) vegetation species, vegetation communities, flora and fauna corridors and natural wildlife habitats. (5) Nothing in this clause affects any requirement made by or under the Native Vegetation Conservation Act 1997. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 35 Acid sulfate soils 35 Acid sulfate soils (1) For the purpose of this clause, "works" means: (a) any disturbance of more than one tonne of soil (such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams, and detention basins), foundations and flood mitigation works), or (b) any other works that are likely to lower the water table, or (c) routine maintenance. (2) A person must not, without development consent, carry out works described in the following Table on land of the class specified for those works, except as provided by subclause (3). _________________________________________________________ |Class of land as shown on | | |Acid Sulfate Soils Planning|Works | |_________________________________________________________| |_________________________________________________________| | |Works below the natural | |2 |ground surface. | | |Works by which the watertable| |_________________________________________________________| | |Works beyond 1 metre below | | |the natural ground surface. | |3 |Works by which the watertable| | |is likely to be lowered | | |beyond 1 metre below natural | |_________________________________________________________| | |Works beyond 2 metres below | | |the natural ground surface. | |4 |Works by which the watertable| | |is likely to be lowered | | |beyond 2 metres below natural| |_________________________________________________________| | |Works within 500 metres of | | |adjacent Class 1, 2, 3 or 4 | |5 |land which are likely to | | |lower the watertable below 1 | | |metre AHD on adjacent Class | |_________________________________________________________| (3) This clause does not require consent for the carrying out of those works if: (a) a copy of a preliminary assessment of the proposed works, undertaken in accordance with the Acid Sulfate Soil Manual, has been given to the Council, and (b) the Council has provided written advice to the person proposing to carry out the works confirming that the results of the preliminary assessment indicate the proposed works need not be carried out pursuant to an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soil Manual. (4) Consent required by this clause must not be granted unless the consent authority has considered: (a) the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soil Manual, and (b) the likelihood of the proposed development resulting in the discharge of acid water, and (5) Despite subclause (2), development may be carried out by the Council or the Hunter Water Corporation without consent, being development consisting of: (a) emergency works, or (b) routine management, or (c) minor works. (6) Where the Council or the Hunter Water Corporation carries out development described in subclause (5) and encounters, or is likely to encounter, acid sulfate soils, the Council or the Hunter Water Corporation must properly deal with those soils in accordance with the proposed development in accordance with the Acid Sulfate Soil Manual so as to minimise the actual or potential impact on the environment arising from the disturbance of the soils. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 36 Mixed use development 36 Mixed use development (1) Consent must not be granted for mixed use development unless the consent authority is satisfied that: (a) the gross floor area that will be used for commercial, retail or recreation facilities (including recreational facilities (indoor) for development in Zone B4) will be not less than 20 percent of the total gross floor area within the site area to which the development application relates, and (b) the gross floor area that will be used for dwellings and any accommodation for tourists will be not less than 50 percent of that total. (2) Despite subclause (1), the Council may grant consent for mixed use development even though the gross floor area that will be used for commercial, retail or recreation facilities is less than 20% of the total gross floor area within the site if it is satisfied: (a) that the proposed gross floor area is justified on economic grounds, and (b) that the proposed development will provide an active street frontage. (3) In considering whether it is satisfied of the matters referred to in subclause (2), the Council must take into account the matters listed in clause 21 (a)–(j) to the extent that they are relevant to the proposed development. (4) In this clause: "active street frontage" means a street frontage that enables direct visual and physical contact between the street and the interior of the building. Clearly defined entrances, windows and shop fronts are elements of the building façade that contribute to an active street frontage. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 37 Unzoned land 37 Unzoned land (1) A person must not carry out development on unzoned land without development consent. (2) Development of unzoned land is not exempt or complying development, despite any other provision of this plan. (3) Consent must not be granted for development of unzoned land unless the consent authority has considered the objectives of the zones in which adjoining land is situated. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 38 Advertising structures and signs 38 Advertising structures and signs Despite any other provision of this plan, the erection and use of an advertising sign or advertising structure of a type referred to in Schedule 1 requires consent if it is not exempt development. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 39 Additional development allowed on certain land 39 Additional development allowed on certain land (1) Nothing in this plan prevents a person, with development consent, from carrying out on land described in Column 1 of Schedule 7 any development specified in relation to that land in Column 2 of Schedule 7, subject to such conditions (if any) as may be so specified. (2) If any development specified in Schedule 7 in relation to land is permissible with development consent subject to a condition that consent to the development must be obtained or applied for within a specified period, the consent authority is not prevented from granting consent after that period to the carrying out of alterations or extensions to, or the rebuilding of, a structure or place on that land for which such a consent has been granted. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 40 Development for the purpose of agriculture on land in Zone 7 (2) 40 Development for the purpose of agriculture on land in Zone 7 (2) (1) In this clause: "nominated owner" means the person who, on the appointed day, owned a retained holding. "retained holding" means: (a) a lot, portion or parcel of land as it was on the appointed day, or (b) where, on the appointed day, a person owned 2 or more adjoining or adjacent lots, portions or parcels of land, the aggregation of those lots, portions or parcels as they were on that day. (2) This clause applies to a retained holding only if: (a) not less than 70% of the retained holding is within Zone 7 (2), and (b) immediately prior to the appointed day, the retained holding was within a zone in which development for the purpose of agriculture was permissible either with or without consent. (3) Nothing in this plan prevents the nominated owner from carrying out development on a retained holding for the purpose of agriculture (other than intensive agriculture), but only with development consent. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 41 Development for the purpose of retirement villages 41 Development for the purpose of retirement villages (1) This clause aims to maintain the opportunity for the development of retirement village style accommodation for aged persons in appropriate locations where the land satisfies the criteria specified in subclause (5). (2) This clause applies to: (a) land within Zone 2 (1), and (b) land that is not within Zone 2 (1), 7 (1), 7 (4), 8 or 9, but part or all of which immediately adjoins, or is within 400 metres of, land within Zone 2 (1). (3) In this clause: "retirement village" means a complex containing residential premises that are predominantly or exclusively occupied, or intended to be predominantly or exclusively occupied, by persons aged 55 years or older, which provides access to meals, cleaning, emergency assistance, and a transport service for residents. (4) Nothing in this plan prevents a person, with development consent, from carrying out development on any land to which this clause applies for the purpose of a retirement village. (5) Despite subclause (4), consent may be granted to development for the purpose of a retirement village only if the consent authority is satisfied that: (a) the land on which the development will be carried out is of sufficient size to accommodate a minimum 70 unit retirement village development, and (b) the land has frontage to a formed public road servicing nearby urban areas, and (c) the development is able to be serviced with reticulated water, sewerage and electricity, and (d) at least 70% of the proposed development area comprises land with a slope of less than 20% grade. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 42 Consent to development subject to special requirements 42 Consent to development subject to special requirements (1) Consent must not be granted to development on any land described in Column 1 of Schedule 8 unless the consent authority has had regard to the development control plan or master plan required for the land by Column 2 of that Schedule. (2) Consent must not be granted to development on any land described in Column 1 of Schedule 9 unless the consent authority is satisfied, whether by the imposition of a condition on the consent or otherwise) that any requirement specified for the land in Column 2 of that Schedule has been or will be met. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 42A Restricted development 42A Restricted development Despite any other provision of this plan, the only development permissible on land described in Column 1 of Schedule 11 is development specified for the land in Column 2 of that Schedule. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 43 Objective 43 Objective The objective of this Part is to protect and conserve archaeological sites and places of Aboriginal, natural or European cultural significance. It does this by making provisions that conserve the remaining fabric, relics, settings and views, and evidence of the cultural significance of heritage items and the environment of heritage conservation areas. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 44 Protection of heritage items and heritage conservation areas 44 Protection of heritage items and heritage conservation areas The following development may be carried out only with development consent: (a) demolition of, or movement of the whole or a part of, a heritage item, (b) demolition of, or movement of, a building, structure, work, relic or tree within a heritage conservation area, (c) alteration of, or any addition to, a heritage item that makes substantial structural or non-structural changes to its exterior, such as to its detail, fabric, finish or appearance, (d) alteration of a building, a structure, work, relic, or tree within a heritage conservation area by making substantial structural or non-structural changes to its exterior, such as to its detail, fabric, finish or appearance, (e) alteration of a heritage item by making substantial structural changes to its interior, (f) disturbance or excavation of a place of Aboriginal heritage significance or an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed, (g) erection of a structure on, or subdivision of, land on which a heritage item is located or which is within a heritage conservation area. Note: The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact). LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 45 Development consent is not required 45 Development consent is not required (1) Development consent is not required by clause 44 if, in the opinion of the Council: (a) the proposed development is of a minor nature or consists of maintenance of a heritage item or of a building, work, archaeological site, tree or place within a heritage conservation area, and (b) the proposed development would not adversely affect the significance of the heritage item or heritage conservation area. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 46 Cemetery or burial grounds 46 Cemetery or burial grounds Development consent is not required for the following development in a cemetery or burial ground if there will be no disturbance to human remains, to relics in the form of grave goods or to a place of Aboriginal heritage significance: (a) the creation of a new grave or monument, (b) an excavation or disturbance of land for the purpose of carrying out conservation or repair of monuments or grave markers. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 47 Assessment of heritage significance 47 Assessment of heritage significance (1) Before granting consent required by this Part, the consent authority must assess the extent to which the carrying out of the proposed development will affect the heritage significance of the heritage item or heritage conservation area concerned. (2) In the case of proposed development that would affect a heritage item, that assessment must include consideration of a heritage impact statement that addresses: (a) the heritage significance of the item as part of the environmental heritage of Lake Macquarie City local government area, (b) the impact that the proposed development will have on the heritage significance of the item and its setting, including any landscape or cultural features, (c) the measures proposed to conserve the heritage significance of the item and its setting, (d) whether any archaeological site or potential archaeological site will be adversely affected by the proposed development, (e) the extent to which the carrying out of the proposed development will affect the form of any historic subdivision. (3) In the case of proposed development in a heritage conservation area, that assessment must include consideration of a heritage impact statement that addresses the following: (a) the heritage significance of the heritage conservation area and the contribution which any building, work, relic, tree or place affected by the proposed development makes to this heritage significance, (b) the impact that the proposed development will have on the heritage significance of the heritage conservation area, (c) the compatibility of the proposed development with nearby original buildings and the character of the heritage conservation area, taking into account the size, form, scale, orientation, setbacks, materials and detailing of the proposed development, (d) the measures proposed to conserve the significance of the heritage conservation area and its setting, (e) whether any landscape or horticultural features will be affected by the proposed development, (f) whether any archaeological site or potential archaeological site will be affected by the proposed development, (g) the extent to which the carrying out of the proposed development in accordance with the consent will affect any historic subdivision pattern. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 48 Development requiring notification 48 Development requiring notification (1) A development application proposing the following development requires notification in accordance with Lake Macquarie Development Control Plan No 1—Principles of Development: (a) the demolition of a heritage item, (b) the carrying out of any development allowed by clause 53 (Conservation incentives). (2) Subclause (1) does not apply to designated development or advertised development. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 50 Development affecting places or sites of known or potential Aboriginal heritage significance 50 Development affecting places or sites of known or potential Aboriginal heritage significance (1) Consent must not be granted for development that is likely to have an impact on a place of Aboriginal heritage significance or a potential place of Aboriginal heritage significance, or that will be carried out on an archaeological site of a relic that has Aboriginal heritage significance, unless the consent authority has considered a heritage impact statement explaining how the proposed development would affect the conservation of the place or site and any relic known or reasonably likely to be located at the place or site. (2) Except where the proposed development is integrated development, the consent authority must notify the local Aboriginal communities (in such a way as it thinks appropriate) of the development application and take into consideration any comments received in response within 21 days after the relevant notice is sent. (4) In the instance of development in proximity to items or places identified in Schedule 6 or recorded or held by a local Aboriginal Land Council, consultation with the relevant local Aboriginal Land Council is required before consent may be granted. Consultation is sufficient for the purposes of this requirement if the consent authority has taken into consideration all comments received from the local Aboriginal Land Council within 21 days after a copy of the application and statement are sent to it by the consent authority. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 51 Development affecting known or potential archaeological sites or relics of European heritage significance 51 Development affecting known or potential archaeological sites or relics of European heritage significance (1) Consent must not be granted for development that will be carried out on an archaeological site or potential archaeological site or a relic that has European heritage significance identified in Schedule 4 (whether or not it is also the site of a relic or potential relic of Aboriginal significance) unless the consent authority has considered a heritage impact statement explaining how the proposed development would affect the conservation of the place or site and any relic known or reasonably likely to be located at the place or site. (2) Before granting consent to development under this clause, the consent authority must be satisfied that any necessary excavation permit required by the Heritage Act 1977 has been granted. (4) This clause does not apply if the proposed development does not involve disturbance of below ground deposits and the consent authority is of the opinion that the heritage significance of any above ground relics would not be adversely affected by the proposed development. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 52 Development in vicinity of a heritage item 52 Development in vicinity of a heritage item (1) Consent must not be granted for development in the vicinity of a heritage item unless the consent authority has considered a heritage impact statement that includes recommendations for the size, shape and scale of, setbacks for, and the materials to be used in, any proposed buildings or works, and for any modification that will reduce the impact of the proposed development on the heritage significance of the heritage item. (2) Development is in the vicinity of a heritage item for the purposes of this clause if, in the opinion of the consent authority, the development: (a) may have an impact on the setting of a heritage item, for example, by affecting a significant view to or from the item or by overshadowing, or (b) may undermine or otherwise cause physical damage to a heritage item, or (c) will otherwise have any adverse impact on the heritage significance of a heritage item or of any heritage conservation area within which it is situated. (3) Before granting consent for development to which this clause applies, the consent authority must take into account the impact of the proposed development on the heritage significance of the heritage item, on any heritage conservation area within which it is situated and on the visual curtilage and setting of the heritage item. (4) A heritage impact statement required by this clause should include recommendations for the size, shape and scale of, setbacks for, and the materials to be used in, any proposed buildings or works and details of any modification that would reduce the impact of the proposed development on the heritage significance of the heritage item. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 53 Conservation incentives 53 Conservation incentives Consent may be granted to the use of a building that is a heritage item, or of the land on which such a building is erected (even though the use would be otherwise prohibited by this plan) if the consent authority is of the opinion that: (a) the retention of the heritage item depends on the granting of consent, and (b) the proposed use will be in accordance with a conservation management plan which has been prepared to the satisfaction of the Council, and (c) the granting of consent to the proposed use will ensure that all necessary conservation work identified in the conservation management plan is carried out, and (d) the proposed use will not adversely affect the heritage significance of the heritage item or its setting, and (e) the proposed use will not adversely affect the amenity of the surrounding area. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 54 Development in heritage conservation areas 54 Development in heritage conservation areas (1) Before granting consent for the erection of a building within a heritage conservation area, the consent authority must be satisfied that the features of the proposed building will be compatible with the heritage significance of the heritage conservation area, having regard to the form of, and materials used in, buildings that contribute to the heritage significance of the heritage conservation area. (2) In forming that opinion, the consent authority must consider, where relevant: (a) the scale, bulk and form, including detailing and articulation, of the building, and (b) the pitch and form of the roof, and (c) the style, size, proportion and position of the openings for windows or doors, and (d) the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building, and (e) any other matter that the consent authority considers relevant to the assessment of the application. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 55 Acquisition of land required for community purposes 55 Acquisition of land required for community purposes (1) The owner of land within Zone 2 (1), 3 (1), 4 (1), 4 (2), 5, 6 (1), 6 (2), 7 (1), 7 (2) or 10 and shown cross-hatched (but not otherwise hatched) on the map may, by notice in writing, require the Council to acquire the land. (2) On receipt of a notice referred to in subclause (1), but subject to subclause (3), the Council must acquire the land. (3) However, nothing in this plan, other than subclause (4), requires the Council to acquire land: (a) if the land may be required to be dedicated to the Council as a condition of consent to the carrying out of development, or (b) within Zone 6 (1) or 7 (2) if, in the opinion of the Council, the need for the open space has not yet been created by residential development in the vicinity. (4) On receipt of a notice referred to in subclause (1), the Council must acquire land within Zone 6 (1) or 7 (2) if the Council is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time. Note: If land, other than land shown cross-hatched on the map, is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991). LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 56 Interim development of land required for community purposes 56 Interim development of land required for community purposes (1) A person must not carry out development without development consent on land within Zone 2 (1), 3 (1), 4 (1), 4 (2), 5, 6 (1), 6 (2), 7 (1), 7 (2) or 10, and shown by cross-hatching on the map, before it is acquired in accordance with this plan. (2) A person must not carry out development on land referred to in subclause (1) that may be required to be acquired by the Council so as to render the land unfit for the purpose for which it is zoned. (3) Consent must not be granted for development of land referred to in subclause (1) before it is acquired in accordance with this plan unless the consent authority has considered: (a) the need for the proposed development on the land, and (b) the impact of the proposed development on the existing and likely future use of the land, and (c) the need to retain the land for its existing or likely future use, and (d) the effect of the proposed development on the cost of acquisition, and (e) the imminence of acquisition, and (f) the cost of reinstatement of the land for the purpose for which the land is to be acquired. (4) Conditions may be imposed on such a consent that limit the period during which development may be carried out in accordance with the consent and require: (a) the removal of any structure or work for which the consent was granted, and (b) the reinstatement of the land or removal of any waste, refuse or contaminants, without the payment of compensation by the Council. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 57 Acquisition of land required for State roads 57 Acquisition of land required for State roads (1) The owner of any land within Zone 5 identified by hatching (other than cross-hatching) on the map may, by notice in writing, require the RTA to acquire that land. (2) On receipt of such a notice, the RTA must acquire the land if: (a) the land is vacant, or (b) the land is not vacant but: (i) is included in a 5 year works program of the RTA, current at the time of receipt of the notice, or (ii) the RTA will not give concurrence required by clause 56 for development of the land, or (iii) the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time. (3) The RTA is not required to acquire land if, because of development consent, that land could reasonably be expected to be dedicated for a State road. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 59 Acquisition of coastal land 59 Acquisition of coastal land Note: Nothing in this clause is to be construed as requiring a public authority to acquire land—see section 27 (3) of the Act. (1) This clause applies to land within Zone 7 (1) or 7 (4) shown by hatching (but not cross-hatching) on the map. (2) The owner of any land to which this clause applies may, by notice in writing, require the corporation to acquire the land. (3) On receipt of a notice referred to in subclause (2), the corporation must acquire the land, unless the land may be required to be provided as a condition of consent to the carrying out of development. (4) Despite any other provision of this plan, development may be carried out only with development consent on land to which this clause applies and only for the purpose of the following: (a) agriculture (and buildings incidental to the use of the land for agriculture), (b) dams, (c) drainage, (d) dwelling houses. (6) Before granting consent under subclause (4), the Council must take into consideration the following: (a) the need for the proposed development on the land, (b) the impact of the proposed development on the existing and likely future use of the land, (c) the need to retain the land for its existing or likely future use, (d) the effect of the proposed development on the cost of acquisition, (e) the imminence of acquisition, (f) the cost to reinstate the land for the purpose for which the land is to be acquired. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 60 Development on land adjoining Zones 5, 7 (1), 7 (4) and 8 60 Development on land adjoining Zones 5, 7 (1), 7 (4) and 8 (1) Consent must not be granted for development on land adjoining land within Zone 5 unless the consent authority is satisfied that the proposed development will be consistent with the efficient operation of the potential or existing infrastructure development within the zone. (2) Consent must not be granted to development on land adjoining or adjacent to land within Zone 7 (1) unless the consent authority is satisfied that the proposed development is consistent with the effective conservation of the land within Zone 7 (1) and its protection from adverse impacts, including stormwater run-off, erosion and sedimentation, pollution, weed infestation, feral or domestic animals, chemicals, nutrients and the like. (2A) Consent must not be granted to development on land adjoining or adjacent to land within Zone 7 (4) unless the consent authority is satisfied that the proposed development is consistent with: (a) the effective conservation of the coastal corridor and cultural heritage within the zone, and (b) the provision of the coastal walk and public access within the zone, and (c) the protection of land within the zone from: (i) any adverse impacts on the scenic or visual values of the land, and (ii) any stormwater runoff, erosion and sedimentation, pollution, weed infestation, feral or domestic animals, chemicals, nutrients and the like. (3) The consent authority must not grant consent to development on land adjoining or adjacent to land within Zone 8 if it is of the opinion that the proposed development is not consistent with the provisions contained in the Guidelines for developments adjoining Department of Environment and Climate Change land (as in force on the day on which this subclause, as substituted by State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008, commenced). LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 61 Classification and reclassification of public land as operational land 61 Classification and reclassification of public land as operational land (1) The public land referred to in Part 1 or Part 2 of Schedule 3 is classified or reclassified as operational land for the purposes of the Local Government Act 1993. (1A) The public land described in Part 1 of Schedule 3: (a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and (b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land. (2) In accordance with section 30 of the Local Government Act 1993, land described in Columns 1 and 2 of Part 2 of Schedule 3, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except: (a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 3, and (b) any reservations that except land out of a Crown grant relating to the land, and (c) reservations of minerals (within the meaning of the Crown Lands Act 1989). (3) Before the relevant amending plan inserted a description of land in Part 2 of Schedule 3, the Governor approved of subclause (2) applying to the land. (4) In this clause, "the relevant amending plan", in relation to land described in Part 2 of Schedule 3, means this plan or, if the description of the land is inserted into that Schedule by another local environmental plan, that plan. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 62 Public infrastructure in urban release areas 62 Public infrastructure in urban release areas (1) Aim The aim of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure and public utility infrastructure before the subdivision of land in urban release areas to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes. (2) Application This clause applies to land in an urban release area, but does not apply to any such land if the whole or any part of it is in a special contributions area (as defined by section 93C of the Act). (3) This clause prevails over any other provision of this plan to the extent of any inconsistency. (4) Arrangements for designated State public infrastructure Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot. (4A) State Environmental Planning Policy No 1—Development Standards does not apply to the subdivision of land to which subclause (4) applies. (5) Subclause (4) does not apply to: (a) any lot identified in the certificate as a residue lot, or (b) any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utilities, educational facilities, or any other public purpose, or (c) a subdivision for the purpose only of rectifying an encroachment on any existing lot. (6) Public utility infrastructure Development consent must not be granted for development on land in an urban release area unless the consent authority is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required. (7) Subclause (6) does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure. (8) Interpretation In this clause: "designated State public infrastructure" means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds: (a) State and regional roads, (b) bus interchanges, bus services and bus lanes, (d) land required for regional open space, (e) land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes). "public utility infrastructure" means infrastructure for any of the following purposes: (a) the supply of water, (b) the supply of electricity, (c) the disposal and management of sewage. "urban release area" means the land shown edged heavy black on the following maps: Lake Macquarie Local Environmental Plan 2004 (Amendment No 11) Lake Macquarie Local Environmental Plan 2004 (Amendment No 14) —Sheet 3. Lake Macquarie Local Environmental Plan 2004 (Amendment No 20) —Sheet 1 Lake Macquarie Local Environmental Plan 2004 (Amendment No 24) —Sheet 2 Lake Macquarie Local Environmental Plan 2004 (Amendment No 33) —Sheet 2 Lake Macquarie Local Environmental Plan 2004 (Amendment No 36) —Sheet 1 Lake Macquarie Local Environmental Plan 2004 (Amendment No 38) Lake Macquarie Local Environmental Plan 2004 (Amendment No 41) Lake Macquarie Local Environmental Plan 2004 (Amendment No 42) —Sheets 1 and 2 Lake Macquarie Local Environmental Plan 2004 (Amendment No 45) Lake Macquarie Local Environmental Plan 2004 (Amendment No 46) State Environmental Planning Policy (Major Projects—North Cooranbong) Amendment 2008—North Cooranbong Urban Release Area Map LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 63 Application of Part 63 Application of Part (1) This Part applies to the land identified on the Land Application Map, referred to in this Part as the "Middle Camp site". (2) No other provisions of this plan (other than clauses 4 and 6) apply to land within the Middle Camp site. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 64 Interpretation 64 Interpretation (1) In this Part: "Additional Permitted Uses Map" means the Lake Macquarie Local Environmental Plan 2004—Middle Camp—Additional Permitted Uses Map. "Council" means the Council of the City of Lake Macquarie. "Height of Buildings Map" means the Lake Macquarie Local Environmental Plan 2004—Middle Camp—Height of Buildings Map. "heritage conservation area" means an area of land of heritage significance shown on the Heritage Map as a heritage conservation area. "heritage item" means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in clause 78. "Heritage Map" means the Lake Macquarie Local Environmental Plan 2004—Middle Camp—Heritage Map. "Land Application Map" means the Lake Macquarie Local Environmental Plan 2004—Middle Camp—Land Application Map. "Land Reservation Acquisition Map" means the Lake Macquarie Local Environmental Plan 2004—Middle Camp—Land Reservation Acquisition Map. "Land Zoning Map" means the Lake Macquarie Local Environmental Plan 2004—Middle Camp—Land Zoning Map. (2) A word or expression used in this Part has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 unless it is otherwise defined in this Part. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 65 Maps 65 Maps (1) A reference in this Part to a named map adopted by this Part is a reference to a map by that name: (a) approved by the Minister when the map is adopted, and (b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made. (2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Part to any such map is a reference to the relevant part or aspect of the single map. (3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister. (4) For the purposes of this Part, a map may be in, and may be kept and made available in, electronic or paper form, or both. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 66 Relationship with this Part and other environmental planning instruments 66 Relationship with this Part and other environmental planning instruments The only other environmental planning instruments that apply, according to their terms, to land within the Middle Camp site are all State environmental planning policies, except the following: (a) State Environmental Planning Policy No 1—Development Standards, (b) State Environmental Planning Policy No 71—Coastal Protection. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 67 Land use zones 67 Land use zones For the purposes of this Part, land within the Middle Camp site is in a zone as follows if the land is shown on the Land Zoning Map as being in that zone: (a) Zone R2 Low Density Residential, (b) Zone RE1 Public Recreation, (c) Zone E1 National Parks and Nature Reserves, (d) Zone E2 Environmental Conservation. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 68 Objectives of land use zones to be taken into account 68 Objectives of land use zones to be taken into account The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 69 Zone R2 Low Density Residential 69 Zone R2 Low Density Residential (1) The objectives of Zone R2 Low Density Residential are as follows: (a) to provide for the housing needs of the community within a low density residential environment, (b) to enable other land uses that provide facilities or services to meet the day to day needs of residents, (c) to encourage development that does not impact on the scenic, aesthetic and cultural heritage qualities of the built and natural environment of the Wallarah Peninsula, (d) to encourage development that responds and is sympathetic to the surrounding built and natural environmental setting, (e) to ensure that any non-residential development is compatible with the amenity of the area. (2) Development for any of the following purposes is permitted without development consent on land within Zone R2 Low Density Residential: home-based child care; home occupations. (3) Development for any of the following purposes is permitted only with development consent on land within Zone R2 Low Density Residential: bed and breakfast accommodation; boarding houses; building identification signs; business identification signs; child care centres; community facilities; dual occupancies; dwelling houses; educational establishments; environmental facilities; environmental protection works; group homes; health consulting rooms; home businesses; home industries; information and education facilities; neighbourhood shops; recreation areas; recreation facilities (outdoor); respite day care centres; roads; semi-detached dwellings; shop top housing. (4) Except as otherwise provided by this Part, development is prohibited on land within Zone R2 Low Density Residential unless it is permitted by subclause (2) or (3). LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 70 Zone RE1 Public Recreation 70 Zone RE1 Public Recreation (1) The objectives of Zone RE1 Public Recreation are as follows: (a) to enable land to be used for open space or recreational purposes, (b) to provide a range of recreational settings and activities and compatible land uses, (c) to protect and enhance the natural environment for recreational purposes. (2) Development for any of the following purposes is permitted without development consent on land within Zone RE1 Public Recreation: environmental protection works; roads. (3) Development for the following purposes is permitted only with development consent on land within Zone RE1 Public Recreation: car parks; community facilities; environmental facilities; kiosks; markets; recreation areas; recreation facilities (indoor); recreation facilities (outdoor). (4) Except as otherwise provided by this Part, development is prohibited on land within Zone RE1 Public Recreation unless it is permitted by subclause (2) or (3). LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 71 Zone E1 National Parks and Nature Reserves 71 Zone E1 National Parks and Nature Reserves (1) The objectives of Zone E1 National Parks and Nature Reserves are as follows: (a) to enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974, (b) to enable uses authorised under the National Parks and Wildlife Act 1974, (c) to identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land. (2) Development for any of the following purposes is permitted without development consent on land within Zone E1 National Parks and Nature Reserves: uses authorised under the National Parks and Wildlife Act 1974. (3) Development for any of the following purposes is permitted only with development consent on land within Zone E1 National Parks and Nature Reserves: nil. (4) Except as otherwise provided by this Part, development is prohibited on land within Zone E1 National Parks and Nature Reserves unless it is permitted by subclause (2) or (3). LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 72 Zone E2 Environmental Conservation 72 Zone E2 Environmental Conservation (1) The objectives of Zone E2 Environmental Conservation are as follows: (a) to protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values, (b) to prevent development that could destroy, damage or otherwise have an adverse effect on those values. (2) Development for any of the following purposes is permitted without development consent on land within Zone E2 Environmental Conservation: environmental protection works. (3) Development for any of the following purposes is permitted with development consent on land within Zone E2 Environmental Conservation: environmental facilities; roads. (4) Except as otherwise provided by this Part, development for the following purposes is prohibited on land within Zone E2 Environmental Conservation: business premises; hotel or motel accommodation; industries; multi dwelling housing; recreation facilities (major); residential flat buildings; retail premises; warehouse or distribution centres; any other development not specified in subclause (2) or (3). LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 73 Subdivision—consent requirements 73 Subdivision—consent requirements Land within the Middle Camp site may be subdivided, but only with development consent. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 74 Height of buildings 74 Height of buildings (1) The objectives of this clause are as follows: (a) to ensure that development has an appropriate scale and height in relation to its visual, landscape and heritage setting, (b) to ensure that building heights do not adversely impact on the amenity of residents and people using the public domain. (2) The height of a building on land within the Middle Camp site is not to exceed the maximum height shown for the land on the Height of Buildings Map. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 75 Neighbourhood shops in Zone R2 Low Density Residential 75 Neighbourhood shops in Zone R2 Low Density Residential (1) The objective of this clause is to set a maximum retail floor area for neighbourhood shops in Zone R2 Low Density Residential. (2) The retail floor area of a neighbourhood shop must not exceed 125 square metres. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 76 Exceptions to development standards 76 Exceptions to development standards (1) The objectives of this clause are: (a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and (b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances. (2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. (3) Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating: (a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and (b) that there are sufficient environmental planning grounds to justify contravening the development standard. (4) Development consent must not be granted for development that contravenes a development standard unless: (a) the consent authority is satisfied that: (i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and (ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and (b) the concurrence of the Director-General has been obtained. (5) In deciding whether to grant concurrence, the Director-General must consider: (a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and (b) the public benefit of maintaining the development standard, and (c) any other matters required to be taken into consideration by the Director-General before granting concurrence. (6) After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). (7) This clause does not allow development consent to be granted for development that would contravene any of the following: (a) a development standard for complying development, (b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 77 Development within the coastal zone 77 Development within the coastal zone (1) The objectives of this clause are as follows: (a) to provide for the protection of the coastal environment of the State for the benefit of both present and future generations through promoting the principles of ecologically sustainable development, (b) to implement the principles in the NSW Coastal Policy, and in particular to: (i) protect, enhance, maintain and restore the coastal environment, its associated ecosystems, ecological processes and biological diversity and its water quality, and (ii) protect and preserve the natural, cultural, recreational and economic attributes of the NSW coast, and (iii) provide opportunities for pedestrian public access to and along the coastal foreshore, and (iv) recognise and accommodate coastal processes and climate change, and (v) protect amenity and scenic quality, and (vi) protect and preserve rock platforms, beach environments and beach amenity, and (vii) protect and preserve native coastal vegetation, and (viii) protect and preserve the marine environment, and (ix) ensure that the type, bulk, scale and size of development is appropriate for the location and protects and improves the natural scenic quality of the surrounding area, and (x) ensure that decisions in relation to new development consider the broader and cumulative impacts on the catchment, and (xi) protect Aboriginal cultural places, values and customs, and (xii) protect and preserve items of heritage, archaeological or historical significance. (2) Development consent must not be granted to development on land that is wholly or partly within the coastal zone unless the consent authority has considered: (a) existing public access to and along the coastal foreshore for pedestrians (including persons with a disability) with a view to: (i) maintaining existing public access and, where possible, improving that access, and (ii) identifying opportunities for new public access, and (b) the suitability of the proposed development, its relationship with the surrounding area and its impact on the natural scenic quality, taking into account: (i) the type of the proposed development and any associated land uses or activities (including compatibility of any land-based and water-based coastal activities), and (ii) the location, and (iii) the bulk, scale, size and overall built form design of any building or work involved, and (c) the impact of the proposed development on the amenity of the coastal foreshore including: (i) any significant overshadowing of the coastal foreshore, and (ii) any loss of views from a public place to the coastal foreshore, and (d) how the visual amenity and scenic qualities of the coast, including coastal headlands, can be protected, and (e) how biodiversity and ecosystems, including: (i) native coastal vegetation and existing wildlife corridors, and (ii) rock platforms, and (iii) water quality of coastal waterbodies, and (iv) native fauna and native flora, and their habitats, can be conserved, and (f) the cumulative impacts of the proposed development and other development on the coastal catchment. (3) Development consent must not be granted to development on land that is wholly or partly within the coastal zone unless the consent authority is satisfied that: (a) the proposed development will not impede or diminish the physical, land-based right of access of the public, where practicable, to or along the coastal foreshore, and (b) if effluent from the development is disposed of by a non-reticulated system, it will not have a negative effect on the water quality of the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform, and (c) the proposed development will not discharge untreated stormwater into the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform, and (d) the proposed development will not: (i) be significantly affected by coastal hazards, or (ii) have a significant impact on coastal hazards, or (iii) increase the risk of coastal hazards in relation to any other land. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 78 Heritage conservation 78 Heritage conservation Note: Heritage items are listed and described in the table to this clause. The Heritage Map may also show the location of a heritage item. (1) Objectives The objectives of this clause are as follows: (a) to conserve the environmental heritage of the Middle Camp site, (b) to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views, (c) to conserve archaeological sites, (d) to conserve Aboriginal objects and Aboriginal places of heritage significance. (2) Requirement for consent Development consent is required for any of the following: (a) demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance): (i) a heritage item, (ii) an Aboriginal object, (iii) a building, work, relic or tree within a heritage conservation area, (b) altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in the Table to this clause in relation to the item, (c) disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed, (d) disturbing or excavating an Aboriginal place of heritage significance, (e) erecting a building on land: (i) on which a heritage item is located or that is within a heritage conservation area, or (ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance, (f) subdividing land: (i) on which a heritage item is located or that is within a heritage conservation area, or (ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance. (3) When consent not required However, development consent under this clause is not required if: (a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development: (i) is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and (ii) would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or (b) the development is in a cemetery or burial ground and the proposed development: (i) is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and (ii) would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or (c) the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or (d) the development is exempt development under a State environmental planning policy. (4) Effect of proposed development on heritage significance The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6). (5) Heritage assessment The consent authority may, before granting consent to any development: (a) on land on which a heritage item is located, or (b) on land that is within a heritage conservation area, or (c) on land that is within the vicinity of land referred to in paragraph (a) or (b), require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned. (6) Heritage conservation management plans The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause. (7) Archaeological sites The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies): (a) notify the Heritage Council of its intention to grant consent, and (b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent. (8) Aboriginal places of heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance: (a) consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and (b) notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent. (9) Demolition of nominated State heritage items The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item: (a) notify the Heritage Council about the application, and (b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent. (10) Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Part, if the consent authority is satisfied that: (a) the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and (b) the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and (c) the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and (d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and (e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area. (11) For the purposes of the definition of "heritage item" in clause 64 (1), the location and nature of a heritage item is specified in the Table to this clause. Table—heritage items ___________________________________________________________________ |Item number|Item |Address |Property |Significance| |___________________________________________________________________| | |Archaeological | | | | | |remains of |Colliery Road,|Lot 223, DP| | |1 |house and |Middle Camp |1102989 |Local | | |associated | | | | |___________________________________________________________________| |2 |Workshop |Colliery Road,|Lot 223, DP|Local | |___________________________________________________________________| | |House (former | | | | |3 |mine |Colliery Road,|Lot 223, DP|Local | | |engineer’s |Middle Camp |1102989 | | |___________________________________________________________________| | |House (former | | | | | |electrical |Colliery Road,|Lot 223, DP| | |4 |engineer’s |Middle Camp |1102989 |Local | | |residence) (CH-| | | | |___________________________________________________________________| |5 |Cottage (CH-30)|Colliery Road,|Lot 223, DP|Local | |___________________________________________________________________| |6 |Cottage (CH-31)|Colliery Road,|Lot 223, DP|Local | |___________________________________________________________________| LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 79 Arrangements for designated State public infrastructure 79 Arrangements for designated State public infrastructure (1) The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land to which this clause applies to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes. (2) Development consent must not be granted for the subdivision of land to which this Part applies if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the commencement of this Part, unless the Director-General has certified in writing that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot. (3) Subclause (2) does not apply in relation to: (a) any lot identified in the certificate as a residue lot, or (b) any lot to be created by a subdivision of land that was the subject of a previous development consent granted in accordance with this clause, or (c) any lot that is proposed to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities, or any other public purpose, or (d) a subdivision for the purpose only of rectifying an encroachment on any existing lot. (4) In this clause, "designated State public infrastructure" means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds: (a) State and regional roads, (b) bus interchanges and bus lanes, (c) land required for regional open space, (d) land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes). (5) This clause does not apply to any part of the Middle Camp site if all or any part of it is in a special contributions area (as defined by section 93C of the Act). LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 80 Public utility infrastructure 80 Public utility infrastructure (1) Development consent must not be granted for development on land within the Middle Camp site unless the consent authority is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required. (2) This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure. (3) In this clause, "public utility infrastructure" includes infrastructure for any of the following: (a) the supply of water, (b) the supply of electricity and gas, (c) the disposal and management of sewage. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 81 Development control plan 81 Development control plan (1) The objective of this clause is to ensure that development on land within the Middle Camp site occurs in a logical and cost- effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land. (2) Development consent must not be granted for development on land within the Middle Camp site unless a development control plan that provides for the matters specified in subclause (3) has been prepared for the land. (3) The development control plan must provide for all of the following: (a) a staging plan for the timely and efficient release of urban land, making provision for necessary infrastructure and sequencing, (b) an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists, (c) an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain, (d) a network of passive and active recreational areas, (e) stormwater and water quality management controls, (f) amelioration of natural and environmental hazards, including bush fire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected, (g) detailed urban design controls for significant development sites, (h) measures to encourage higher density living around transport, open space and service nodes, (i) measures to accommodate and control appropriate neighbourhood commercial and retail uses, (j) suitably located public facilities and services, including provision for appropriate traffic management facilities and parking. (4) Subclause (2) does not apply to any of the following development: (a) a subdivision for the purpose of a realignment of boundaries that does not create additional lots, (b) a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environmental protection purpose, (c) a subdivision of land in a zone in which the erection of structures is prohibited, (d) proposed development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone in which the land is situated. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 82 Infrastructure development and use of existing buildings of the Crown 82 Infrastructure development and use of existing buildings of the Crown (1) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under the State Environmental Planning Policy (Infrastructure) 2007. (2) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 83 Relevant acquisition authority 83 Relevant acquisition authority (1) The objective of this clause is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 ( "the owner-initiated acquisition provisions"). Note: If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land. (2) The authority of the State that will be the relevant authority to acquire land to which this clause applies, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions). _________________________________________________________________ |Type of land shown on Land |Authority of the State | |_________________________________________________________________| |Zone RE1 Public Recreation and |The Council | |_________________________________________________________________| |Zone E1 National Parks and Nature|Minister administering the | |Reserves and marked “National |National Parks and Wildlife Act| |_________________________________________________________________| Note: If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner- initiated acquisition provisions, the Minister for Planning and Infrastructure is required to take action to enable the designation of the acquiring authority under this Part. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning and Infrastructure (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991). (3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 84 Suspension of covenants, agreements and instruments 84 Suspension of covenants, agreements and instruments (1) For the purpose of enabling development on land within the Middle Camp site to be carried out in accordance with this Part or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose. (2) This clause does not apply: (a) to a covenant imposed by the Council or that the Council requires to be imposed, or (b) to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or (c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or (d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or (e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or (f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or (g) to any planning agreement within the meaning of Division 6 of Part 4 of the Act. (3) This clause does not affect the rights or interests of any public authority under any registered instrument. (4) Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3). LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 85 Subdivision and permitted dwelling houses on certain land in Zone E2 85 Subdivision and permitted dwelling houses on certain land in Zone E2 (1) This clause applies to the land shown edged heavy black on the Additional Permitted Uses Map. (2) Development consent must not be granted to the subdivision of land to which this clause applies unless it is for the purpose of excising a lot for a dwelling house that existed at the commencement of this Part (an "existing dwelling house") or for any dwelling house that replaces such a dwelling. (3) Development for the purposes of a dwelling house on land to which this plan applies is permitted with development consent if: (a) the dwelling house is to replace an existing dwelling house, and (b) the building envelope of the new dwelling house is no larger than that of the existing dwelling house. (4) This clause has effect despite any other provision of this Part. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 86 Application of Part 86 Application of Part (1) This Part applies to the land identified on the Land Application Map, referred to in this Part as the "Nords Wharf site". (2) No other provision of this Plan (other than clauses 4 and 6 and Part 6) applies to land within the Nords Wharf site. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 87 Interpretation 87 Interpretation (1) In this Part: "Council" means the Council of the City of Lake Macquarie. "Height of Buildings Map" means the Lake Macquarie Local Environmental Plan 2004—Nords Wharf—Height of Buildings Map. "Land Application Map" means the Lake Macquarie Local Environmental Plan 2004—Nords Wharf—Land Application Map. "Land Reservation Acquisition Map" means the Lake Macquarie Local Environmental Plan 2004—Nords Wharf—Land Reservation Acquisition Map. "Land Zoning Map" means the Lake Macquarie Local Environmental Plan 2004—Nords Wharf—Land Zoning Map. (2) A word or expression used in this Part has the same meaning as it has in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 unless it is otherwise defined in this Part. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 88 Maps 88 Maps (1) A reference in this Part to a named map adopted by this Part is a reference to a map by that name: (a) approved by the Minister when the map is adopted, and (b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made. (2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Part to any such map is a reference to the relevant part or aspect of the single map. (3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister. (4) For the purposes of this Part, a map may be in, and may be kept and made available in, electronic or paper form, or both. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 89 Relationship with this Plan and other environmental planning instruments 89 Relationship with this Plan and other environmental planning instruments The only other environmental planning instruments that apply, according to their terms, to land within the Nords Wharf site are all State environmental planning policies, except the following: (a) State Environmental Planning Policy No 1—Development Standards, (b) State Environmental Planning Policy No 71—Coastal Protection. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 90 Land use zones 90 Land use zones For the purposes of this Part, land within the Nords Wharf site is in a zone as follows if the land is shown on the Land Zoning Map as being in that zone: (a) Zone R2 Low Density Residential, (b) Zone E1 National Parks and Nature Reserves, (c) Zone E2 Environmental Conservation. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 91 Objectives of land use zones to be taken into account 91 Objectives of land use zones to be taken into account The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 92 Zone R2 Low Density Residential 92 Zone R2 Low Density Residential (1) The objectives of Zone R2 Low Density Residential are as follows: (a) to provide for the housing needs of the community within a low density residential environment, (b) to enable other land uses that provide facilities or services to meet the day to day needs of residents, (c) to encourage development that does not impact on the scenic, aesthetic and cultural heritage qualities of the built and natural environment of the Wallarah Peninsula, (d) to encourage development that responds and is sympathetic to the surrounding built and natural environmental setting, (e) to ensure that any non-residential development is compatible with the amenity of the area. (2) Development for any of the following purposes is permitted without development consent on land within Zone R2 Low Density Residential: home-based child care; home occupations. (3) Development for any of the following purposes is permitted only with development consent on land within Zone R2 Low Density Residential: bed and breakfast accommodation; boarding houses; building identification signs; business identification signs; child care centres; community facilities; dual occupancies; dwelling houses; educational establishments; environmental facilities; environmental protection works; group homes; health consulting rooms; home businesses; home industries; information and education facilities; neighbourhood shops; recreation areas; recreation facilities (outdoor); respite day care centres; roads; semi-detached dwellings; shop top housing. (4) Except as otherwise provided by this Part, development is prohibited on land within Zone R2 Low Density Residential unless it is permitted by subclause (2) or (3). LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 93 Zone E1 National Parks and Nature Reserves 93 Zone E1 National Parks and Nature Reserves (1) The objectives of Zone E1 National Parks and Nature Reserves are as follows: (a) to enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974, (b) to enable uses authorised under the National Parks and Wildlife Act 1974, (c) to identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land. (2) Development for any of the following purposes is permitted without consent on land within Zone E1 National Parks and Nature Reserves: uses authorised under the National Parks and Wildlife Act 1974. (3) Development for any of the following purposes is permitted only with development consent on land within Zone E1 National Parks and Nature Reserves: nil. (4) Except as otherwise provided by this Part, development is prohibited on land within Zone E1 National Parks and Nature Reserves unless it is permitted by subclause (2) or (3). LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 94 Zone E2 Environmental Conservation 94 Zone E2 Environmental Conservation (1) The objectives of Zone E2 Environmental Conservation are as follows: (a) to protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values, (b) to prevent development that could destroy, damage or otherwise have an adverse effect on those values. (2) Development for any of the following purposes is permitted without consent on land within Zone E2 Environmental Conservation: environmental protection works. (3) Development for any of the following purposes is permitted with consent on land within Zone E2 Environmental Conservation: environmental facilities; roads. (4) Except as otherwise provided by this Part, development for the following purposes is prohibited on land within Zone E2 Environmental Conservation: business premises; hotel or motel accommodation; industries; multi dwelling housing; recreation facilities (major); residential flat buildings; retail premises; warehouse or distribution centres; any other development not specified in subclause (2) or (3). LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 95 Subdivision—consent requirements 95 Subdivision—consent requirements Land within the Nords Wharf site may be subdivided, but only with development consent. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 96 Height of buildings 96 Height of buildings (1) The objectives of this clause are as follows: (a) to ensure that development has an appropriate scale and height in relation to its visual, landscape and heritage setting, (b) to ensure that building heights do not adversely impact on the amenity of residents and people using the public domain. (2) The height of a building on land within the Nords Wharf site is not to exceed the maximum height shown for the land on the Height of Buildings Map. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 97 Neighbourhood shops in Zone R2 Low Density Residential 97 Neighbourhood shops in Zone R2 Low Density Residential (1) The objective of this clause is to set a maximum retail floor area for neighbourhood shops in Zone R2 Low Density Residential. (2) The retail floor area of a neighbourhood shop must not exceed 125 square metres. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 98 Exceptions to development standards 98 Exceptions to development standards (1) The objectives of this clause are: (a) to provide an appropriate degree of flexibility in applying certain standards to particular development, and (b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances. (2) Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. (3) Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating: (a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and (b) there are sufficient environmental planning grounds to justify contravening the development standard. (4) Development consent must not be granted for development that contravenes a development standard unless: (a) the consent authority is satisfied that: (i) the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and (ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standards and the objectives for development within the zone in which the development is proposed to be carried out, and (b) the concurrence of the Director-General has been obtained. (5) In deciding whether to grant concurrence, the Director-General must consider: (a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and (b) the public benefits of maintaining the development standard, and (c) any other matters required to be taken into consideration by the Director-General before granting concurrence. (6) After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3). (7) This clause does not allow development consent to be granted for development that would contravene any of the following: (a) a development standard for complying development, (b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 99 Development within the coastal zone 99 Development within the coastal zone (1) The objectives of this clause are as follows: (a) to provide for the protection of the coastal environment of the State for the benefit of both present and future generations through promoting the principles of ecologically sustainable development, (b) to implement the principles in the NSW Coastal Policy, and in particular to: (i) protect, enhance, maintain and restore the coastal environment, its associated ecosystems, ecological processes and biological diversity and its water quality, and (ii) protect and preserve the natural, cultural, recreational and economic attributes of the NSW coast, and (iii) provide opportunities for pedestrian public access to and along the coastal foreshore, and (iv) recognise and accommodate coastal processes and climate change, and (v) protect amenity and scenic quality, and (vi) protect and preserve rock platforms, beach environments and beach amenity, and (vii) protect and preserve native coastal vegetation, and (viii) protect and preserve the marine environment, and (ix) ensure that the type, bulk, scale and size of development is appropriate for the location and protects and improves the natural scenic quality of the surrounding area, and (x) ensure that decisions in relation to new development consider the broader and cumulative impacts on the catchment, and (xi) protect Aboriginal cultural places, values and customs, and (xii) protect and preserve items of heritage, archaeological or historical significance. (2) Development consent must not be granted to development on land within the Nords Wharf site that is wholly or partly within the coastal zone unless the consent authority has considered: (a) existing public access to and along the coastal foreshore for pedestrians (including persons with a disability) with a view to: (i) maintaining existing public access and, where possible, improving that access, and (ii) identifying opportunities for new public access, and (b) the suitability of the proposed development, its relationship with the surrounding area and its impact on the natural scenic quality, taking into account: (i) the type of the proposed development and any associated land uses or activities (including compatibility of any land-based and water-based coastal activities), and (ii) the location, and (iii) the bulk, scale, size and overall built form design of any building or work involved, and (c) the impact of the proposed development on the amenity of the coastal foreshore including: (i) any significant overshadowing of the coastal foreshore, and (ii) any loss of views from a public place to the coastal foreshore, and (d) how the visual amenity and scenic qualities of the coast, including coastal headlands, can be protected, and (e) how biodiversity and ecosystems, including: (i) native coastal vegetation and existing wildlife corridors, and (ii) rock platforms, and (iii) water quality of coastal waterbodies, and (iv) native fauna and native flora, and their habitats, can be conserved, and (f) the cumulative impacts of the proposed development and other development on the coastal catchment. (3) Development consent must not be granted to development on land within the Nords Wharf site that is wholly or partly within the coastal zone unless the consent authority is satisfied that: (a) the proposed development will not impede or diminish, where practicable, the physical, land-based right of access of the public to or along the coastal foreshore, and (b) if effluent from the development is disposed of by a non-reticulated system, it will not have a negative effect on the water quality of the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform, and (c) the proposed development will not discharge untreated stormwater into the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform, and (d) the proposed development will not: (i) be significantly affected by coastal hazards, or (ii) have a significant impact on coastal hazards, or (iii) increase the risk of coastal hazards in relation to any other land. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 100 Arrangements for designated State public infrastructure 100 Arrangements for designated State public infrastructure (1) The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land to which this Part applies to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes. (2) Development consent must not be granted for the subdivision of land to which this Part applies if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the commencement of this Part, unless the Director-General has certified in writing that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot. (3) Subclause (2) does not apply in relation to: (a) any lot identified in the certificate as a residue lot, or (b) any lot to be created by a subdivision of land that was the subject of a previous development consent granted in accordance with this clause, or (c) any lot that is proposed to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities, or any other public purpose, or (d) a subdivision for the purpose only of rectifying an encroachment on any existing lot. (4) In this clause, "designated State public infrastructure" means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds: (a) State and regional roads, (b) bus interchanges and bus lanes, (c) land required for regional open space, (d) land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes). (5) This clause does not apply to any part of the Nords Wharf site if all or any part of it is in a special contributions area (as defined by section 93C of the Act). LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 101 Public utility infrastructure 101 Public utility infrastructure (1) Development consent must not be granted for development on land within the Nords Wharf site unless the consent authority is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when required. (2) This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure. (3) In this clause, "public utility infrastructure" includes infrastructure for any of the following: (a) the supply of water, (b) the supply of electricity and gas, (c) the disposal and management of sewage. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 102 Development control plan 102 Development control plan (1) The objective of this clause is to ensure that development on land within the Nords Wharf site occurs in a logical and cost- effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land. (2) Development consent must not be granted for development on land within the Nords Wharf site unless a development control plan that provides for the matters specified in subclause (3) has been prepared for the land. (3) The development control plan must provide for all of the following: (a) a staging plan for the timely and efficient release of urban land, making provision for necessary infrastructure and sequencing, (b) an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists, (c) an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain, (d) a network of passive and active recreational areas, (e) stormwater and water quality management controls, (f) amelioration of natural and environmental hazards, including bush fire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected, (g) detailed urban design controls for significant development sites, (h) measures to encourage higher density living around transport, open space and service nodes, (i) measures to accommodate and control appropriate neighbourhood commercial and retail uses, (j) suitably located public facilities and services, including provision for appropriate traffic management facilities and parking. (4) Subclause (2) does not apply to any of the following development: (a) a subdivision for the purpose of a realignment of boundaries that does not create additional lots, (b) a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environmental protection purpose, (c) a subdivision of land in a zone in which the erection of structures is prohibited, (d) proposed development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone in which the land is situated. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 103 Infrastructure development and the use of existing buildings of the Crown 103 Infrastructure development and the use of existing buildings of the Crown (1) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under the State Environmental Planning Policy (Infrastructure) 2007. (2) This Part does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 104 Relevant acquisition authority 104 Relevant acquisition authority (1) The objective of this clause is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 ( "the owner-initiated acquisition provisions"). Note: If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land. (2) The authority of the State that will be the relevant authority to acquire land to which this Part applies, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions). _________________________________________________________________ |Type of land shown on Land |Authority of the State | |_________________________________________________________________| |Zone E1 National Parks and Nature|Minister administering the | |Reserves and marked “National |National Parks and Wildlife Act| |_________________________________________________________________| Note: If land, other than land specified in the Table to subclause (2), is required to be acquired under the owner- initiated acquisition provisions, the Minister for Planning and Infrastructure is required to take action to enable the designation of the acquiring authority under this Part. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning and Infrastructure (see section 21 of the Land Acquisition (Just Terms Compensation) Act 1991). (3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 105 Suspension of covenants, agreements and instruments 105 Suspension of covenants, agreements and instruments (1) For the purpose of enabling development on land within the Nords Wharf site to be carried out in accordance with this Part or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose. (2) This clause does not apply: (a) to a covenant imposed by the Council or that the Council requires to be imposed, or (b) to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or (c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or (d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or (e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or (f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or (g) to any planning agreement within the meaning of Division 6 of Part 4 of the Act. (3) This clause does not affect the rights or interests of any public authority under any registered instrument. (4) Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3). LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - SCHEDULE 1 SCHEDULE 1 – Exempt development (Clause 8) Note: State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. Schedule 1 contains additional exempt development not specified in that Policy. Note: Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply. 1 What is exempt development? (1) Development is exempt development if: (a) it is described in Column 1 of the Table to this Schedule, and (b) it is carried out within a zone specified for the development in Column 2 of that Table, and (c) it complies with the criteria specified for the development in Column 2 of that Table. (2) However, development is not exempt development if: (a) it is prohibited by this plan, or (b) it is not of minimal environmental impact, or (c) it is carried out on land described in clause 2 of this Schedule, or (d) it does not comply with any of the relevant general criteria for exempt development specified in clause 3 of this Schedule. (3) In measuring heights and maximum areas specified in the Table to this Schedule: (a) height is measured from natural ground level, and (b) a maximum area for a structure is the total of all areas occupied by the type of structure, unless otherwise stated. 2 Land on which there is no exempt development (1) Development is not exempt development if it is carried out on land that: (a) is critical habitat (within the meaning of the Threatened Species Conservation Act 1995), or (b) is, or is part of, a wilderness area (within the meaning of the Wilderness Act 1987), or (c) is land below the 1 in 100 year flood level if it involves the erection or use of a structure with a habitable room, or land below the 1 in 20 year flood level if it involves the erection or use of a structure with rooms none of which is habitable, except where otherwise indicated in the Table to this Schedule, or (d) is land to which State Environmental Planning Policy No 14—Coastal Wetlands applies, or (e) is land to which State Environmental Planning Policy No 26—Littoral Rainforests applies, or (f) is identified as an Aboriginal place or known Aboriginal relic on a register kept by the National Parks and Wildlife Service, or is dedicated or reserved under the National Parks and Wildlife Act 1974, or (h) is land with a slope greater than 15 degrees, or (i) is identified as potential acid sulfate soil Class 1 or 2 on the Acid Sulfate Soil Planning Maps dated December 1997 and kept by the Council, except where the proposed development does not involve the movement of soils on the site, or (j) is identified as potential acid sulfate soil Class 3 on the Acid Sulfate Soil Planning Maps dated December 1997 and kept by the Council, where any proposed excavation involved in the development is greater than 500mm, or (k) is identified as potential acid sulfate soil Class 4 on the Acid Sulfate Soil Planning Maps dated December 1997 and kept by the Council, where any proposed excavation involved in the development is greater than 1.5 metres, or (l) is within a mine subsidence area, unless the proposed development has been formally approved, prior to commencement, by the relevant Mine Subsidence Board, or (m) is land on which a tree or native vegetation exists, where the proposed development involves clearing for which consent is required by clause 34, or (n) is the site of a heritage item or an item proposed by a draft environmental planning instrument to be a heritage item, or (o) is subject to an order under Division 2A of Part 6 of the Environmental Planning and Assessment Act 1979 or Division 1 of Part 2 of Chapter 7 of the Local Government Act 1993, other than an order to demolish, that has not been complied with, or (p) is between a foreshore building line and the water body to which that line relates, or (q) is within 40 metres of a watercourse, river, stream, creek or lake—where excavation of the land (not including footings for minor structures) is proposed, or (r) is significantly contaminated land within the meaning of the Contaminated Land Management Act 1997. 3 Criteria that must be satisfied by all exempt development Development is exempt development only if it complies with all of the following general criteria relevant to the form of development: (a) all structures comply with the Building Code of Australia, including the standards identified in that code, (b) all structures and activities comply with the Council’s adopted building lines and setbacks, unless otherwise specified in the Table to this Schedule, (c) the development complies with all relevant development control plans and policies approved by the Council, (d) no existing condition of development consent or building approval affecting a site is contravened or compromised, (e) no structure is built over a sewer main, easement or natural watercourse and adequate clearance is provided to all sewer junction shafts, surcharge gullies, hot water service overflow pipes, and waste outlet pipes unless prior written agreement has been obtained from the Council or the local water and sewerage authority or supplier, as the case may require, (f) the development does not require the installation or alteration of a sewage management facility, (g) all structures have clearance from power lines in accordance with the relevant electricity authority or supplier, (h) all structures are built with new materials or second-hand materials which retain the structural adequacy and integrity of the material when new, (i) all structures are built with materials which match the design and appearance of any existing buildings on the site of the proposed development or in the immediate vicinity, (j) no structure or activity obstructs vehicular or human access, (k) no structure is located within the curtilage of a swimming pool which compromises the effectiveness of the swimming pool safety barrier or fence, (l) all structures and activities comply with relevant legislation affecting their use and with statutory and other requirements of the Council and any other relevant public authorities. Table _____________________________________________________________________________ |_____________________________________________________________________________| |Erection (or installation) and use, or|Circumstances where exempt | |_____________________________________________________________________________| | |Exempt only in Zones 3 (1), 3 (2), B4,| | |6 (1) and 6 (2). | | |Must be installed and used for one day| | |or weekend events only. | | |Must be erected on level ground of | | |sufficient bearing capacity to support| | |the device. | | |Must be registered under the | | |Occupational Health and Safety | | |Regulation 2001. | | |Must be erected in accordance with all| |Amusement devices (being a small |the conditions set out in its | |amusement device as defined in the |certificate of registration. | |Local Government (General) Regulation |Must have a current logbook within the| |2005) (eg dodgem cars, giant slides, |meaning of the Occupational Health and| |jumping castles, merry-go-rounds etc) |Safety Regulation 2001. | | |Must be subject to a contract of | | |insurance or indemnity to an unlimited| | |amount or no less than $10,000,000 for| | |each person who would be liable for | | |damages for death or personal injury | | |arising out of the operation or use of| | |the device and any total or partial | | |failure or collapse of the device | | |against that liability. | | |Must meet the operational requirements| |_____________________________________________________________________________| | |Exempt only in Zones 3 (1), 3 (2), B4 | |Arcade amusement devices (eg pinball |and 6 (2). | |machines, virtual reality games etc) |Must be located wholly within the | | |subject premises. | |_____________________________________________________________________________| | |Exempt only in Zones 4 (1), 4 (2) and | | |9. | | |Maximum size 30m 2. | | |Maximum height 2.7m. | | |Must facilitate maintenance of the | |Awnings over trade waste disposal |trade waste device and enable all | |points |weather use. | | |Must be constructed of materials that | | |match or complement the design and | | |appearance of existing buildings. | | |Must not be located within front | |_____________________________________________________________________________| | |Exempt only in Zones 3 (1), 3 (2), B4,| | |4 (1), 4 (2) and 4 (3). | |Charity bins or clothing and recycling|Must not result in more than 3 bins in| |bins |any one location. | | |Must be located wholly on private | |_____________________________________________________________________________| | |Exempt in all Zones. | | |Demolition only of development that | | |would be exempt development under this| | |plan if it were being constructed or | | |installed. | | |Council must have issued an order to | |Demolition |demolish under Division 2A of Part 6 | | |of the Environmental Planning and | | |Assessment Act 1979 or section 124 of | | |the Local Government Act 1993. | | |Demolition must be carried out in | | |accordance with Australian Standard AS| |_____________________________________________________________________________| | |Exempt only in Zone 1 (1). | | |Must not be for domestic purposes. | | |Must constitute one or more of the | |Earthworks (rural) |following:(a) levelling of land to a | | |maximum of 300mm,(b) maintenance of | | |drainage works,(c) backfilling of dams| | |with not more than 5 megalitres | |_____________________________________________________________________________| | |(d) desilting of dams,(e) maintenance | | |of existing access roads within | |_____________________________________________________________________________| | |Exempt only in Zones 1 (1), 1 (2), 7 | | |(2), 7 (3), 7 (5) and 9. | | |Maximum size 5,000 litres. | |Fuel tanks—used in conjunction with |Must be located wholly within the | |agricultural activities or home |boundaries of the property. | |business for which consent has been |Must be bunded with capacity to | |granted |contain at least 125% of the capacity | | |of the fuel tank. | | |Must be constructed of prefabricated | | |metal, be free-standing and not rely | |_____________________________________________________________________________| | |Must be operated and maintained in | | |accordance with Australian Standard AS| | |1940—2004, The storage and handling | | |of flammable and combustible liquids. | | |Must not be erected within 30m of a | | |creek or boundary to the street or | | |within 5m of a side or rear boundary. | | |Minimum setback 20m from adjoining | |_____________________________________________________________________________| | |Exempt only in Zones 1 (1) and 1 (2). | |Hail protection |Must be ancillary to agricultural use | | |and consisting of light construction | |_____________________________________________________________________________| | |Exempt in all Zones. | | |Must not be for domestic purposes. | | |Maximum height 600mm (including the | | |height of any batters) above existing | | |ground level. | | |Must have adequate drainage lines | | |behind it. | | |Must not redirect the flow of surface | | |water onto an adjoining property. | |Retaining walls |Must cause surface water to be | | |disposed of without causing a nuisance| | |to adjoining owners. | | |Timber walls must comply with the | | |following Australian Standards:(a) AS | | |1720.2—2006, Timber | | |structures—Timber properties,(b) AS | | |1720.4—2006, Timber | | |structures—Fire resistance for | |_____________________________________________________________________________| |Shade structures (bird nets and the |Exempt only in Zone 1 (1). | |_____________________________________________________________________________| | |Exempt in all Zones (except where | | |otherwise specified below for | | |particular sign types). | | |General criteria:(a) maximum area 2m 2| | |in Zone 4 (1), 4 (2) or 4 (3), except | | |as otherwise specified elsewhere in | | |this Table in relation to particular | | |sign types, and(b) maximum area 1m 2 | | |in all other Zones, except as | |Signs (see below for additional |otherwise specified elsewhere in this | |requirements for particular sign |Table in relation to particular sign | |types) |types, and(c) must not cover | | Note: The replacement of |mechanical ventilation inlet or outlet| | existing building |vents, and(d) over a public road, must| | identification signs and |be at least 600mm from kerb or roadway| | business identification |edge, and(e) must not be illuminated | | signs (within the meaning of |or use flashing lights or similar | | the standard instrument |devices for illumination, and(f) must | | prescribed by the Standard |not be mounted on vehicles, trailers, | | Instrument (Local |or shipping containers that stand | | Environmental Plans) Order |continuously for the purpose of | | 2006) is exempt development |advertising on either public or | | under State Environmental |private land, and(g) on public land, | | Planning Policy (Exempt and |must not be mounted on trees or | | Complying Development Codes) |telegraph poles, and(h) must be | | 2008. |located so as not to cause or create a| | |traffic hazard including obscuring | | |views of vehicles, pedestrians, or | | |potentially hazardous road features, | | |and(i) must not emit excessive glare | | |or cause excessive reflection, and(j) | | |must not resemble traffic warning | | |signs, and(k) if located on bush fire | | |prone land, must be of non-combustible| |_____________________________________________________________________________| |Signs used for display of the | | |_____________________________________________________________________________| | |Only exempt in Zones 2 (1) and 2 (2). | | |Must satisfy general criteria above. | | |Maximum area 1m 2. | |(a) Business identification signs in |Must be located and erected on the | |residential areas |site to which they relate. | | |Maximum one sign per street frontage. | | |If over a public road, must be erected| | |at a height no less than 2.6m above | |_____________________________________________________________________________| | |Only exempt in Zones 3 (1) and 3 (2). | | |Suspended under awning signs:(a) must | | |satisfy general criteria above, and(b)| | |must be securely fixed by metal | | |supports, and(c) must not affect the | |(b) Business identification signs in |structural integrity of the awning or | |commercial areas |building, and(d) must be located and | | |erected on the site to which they | | |relate, and(e) maximum one sign per | | |street frontage, and(f) if over a | | |public road, must be erected at a | | |height no less than 2.6m above ground | |_____________________________________________________________________________| | |Vertical or horizontal projecting wall| | |signs:(a) must satisfy general | | |criteria above, and(b) must be | | |securely fixed by metal supports, and | | |(c) must not affect the structural | | |integrity of the awning or building, | | |and(d) must be located and erected on | | |the site to which they relate, and(e) | | |maximum one sign per street frontage, | | |and(f) if over a public road, must be | | |erected at a height no less than 2.6m | | |above ground level, and(g) maximum | | |area 2.5m 2.Flush wall signs:(a) must | | |satisfy general criteria above, and(b)| | |must be securely fixed, and(c) must be| | |located and erected on the site to | | |which they relate, and(d) maximum one | | |sign per street frontage, and(e) | | |maximum area 2.5m 2.Top hamper signs: | | |(a) must satisfy general criteria | | |above, and(b) must be securely fixed, | | |and(c) must be located and erected on | | |the site to which they relate, and(d) | | |maximum one sign per street frontage, | | |and(e) if over a public road, must be | | |erected at a height no less than 2.6m | | |above ground level, and(f) maximum | |_____________________________________________________________________________| | |Only exempt in Zones 4 (1), 4 (2), 4 | | |(3) and 9. | | |Must satisfy general criteria above. | | |Must be securely fixed by metal | | |supports. | |(c) Business identification signs in |If located over a public road, must be| |industrial areas |erected at a height of no less than | | |2.6m above ground level. | | |Must be located and erected on the | | |site to which they relate. | | |Maximum one sign per street frontage. | |_____________________________________________________________________________| | |Only exempt in Zones 1 (1), 1 (2), 2 | | |(1), 7 (1), 7 (2), 7 (3), 7 (4) and 7 | | |(5). | |(d) Real estate signs (advertising |Must satisfy general criteria above. | |premises or land for sale or rent) in |Maximum area 2.5m 2. | |rural, residential and environmental |Must be freestanding or attached to an| |protection areas |existing approved structure eg fence, | | |dwelling house or garage. | | |Must be located and erected on the | | |site to which they relate. | |_____________________________________________________________________________| | |Only exempt in Zone 2 (2). | | |Must satisfy general criteria above. | | |Maximum area 4.5m 2. | |(e) Real estate signs (advertising |Must be freestanding or attached to an| |premises or land for sale or rent) in |existing approved structure eg fence. | |residential (urban living) areas |Must be located and erected on the | | |site to which they relate. | | |Must not detract from the amenity of | | |adjoining and adjacent land owners. | |_____________________________________________________________________________| | |Exempt in all zones. | | |Maximum area 1.2m 2. | | |Must be erected only on the day the | | |premises or land is open for open | | |house or on the auction day. | | |Must be removed immediately after the | | |open house has finished or the auction| |(e1) Real estate signs (advertising |has been completed. | |premises or land for “open house” |Maximum one sign at street frontage. | |or “auction today”) in all areas |Maximum of one sign at each of the | | |nearest 2 intersections. | | |Must not interfere with traffic | | |visibility or pedestrian access. | | |Must not be attached to balloons or | | |similar items. | | |Must not be illuminated or use | | |flashing lights or similar devices for| |_____________________________________________________________________________| | |Only exempt in Zones 3 (1), 3 (2), 4 | | |(1), 4 (2), 4 (3), 5 and 6 (2). | | |Must satisfy general criteria above. | |(f) Real estate signs (advertising |Maximum area 10m 2. | |approved premises or land for sale or |Must have structural certification. | |rent) in commercial, industrial, |Must be located and erected on the | |infrastructure and tourist areas |site to which they relate. | | |Maximum 2 signs per street frontage. | | |Must not be displayed after 100% of | | |the premises or land is sold or | |_____________________________________________________________________________| | |Only exempt in Zones 1 (1), 1 (2), 2 | | |(1), 2 (2), 3 (1), 3 (2), 4 (1), 4 | | |(2), 4 (3), 5, 6 (2), 9 and 10. | | |Must satisfy general criteria above. | | |In Zones 1 (1), 1 (2), 2 (1) and 2 | | |(2), maximum area 4.5m 2. | | |In Zones 3 (1), 3 (2), 4 (1), 4 (2), 4| | |(3), 5, 6 (2), 9 and 10, maximum area | | |6m 2. | | |Two sign boards joined together (eg on| | |a corner site) are treated as 2 | | |separate signs. | |(g) Directional real estate signs |Must be freestanding or attached to an| |(advertising approved subdivisions) in|existing approved structure eg fence, | |rural, residential, commercial, |dwelling house or garage. | |industrial, infrastructure, tourist, |Must be located within a 3km radius of| |natural resource and investigation |the approved subdivisions to which the| |areas |signs relate. | | |Maximum of 4 signs within the 3km | | |radius. | | |If the nearest major arterial road or | | |freeway is located outside the 3km | | |radius, 2 additional signs are | | |permitted outside the 3km radius to | | |allow directions to be provided to the| | |premises or land. | | |Must not be displayed after 100% of | | |land is sold. | | |Must relate to approved subdivisions | |_____________________________________________________________________________| | |Only exempt in Zone 1 (1). | | |Maximum capacity 120 tonnes. | | |Maximum height 9m. | | |Must be constructed of prefabricated | | |metal. | | |Must be freestanding and not rely on | |Silos |other structures for support. | | |Must be erected in accordance with the| | |manufacturer’s specifications or an | | |engineer’s certification. | | |Minimum setback to property boundary | | |must be equivalent to height of silo | | |plus 1m. | |_____________________________________________________________________________| | |Only exempt in Zones 1 (1), 1 (2), 2 | | |(1), 2 (2), 6 (2), 7 (1), 7 (2), 7 | | |(3), 7 (4), 7 (5) and 10. | | |Must be erected on private land | | |(excluding caravan parks, camping | | |grounds and manufactured home estates | | |the operation of which is governed by | | |the Local Government (Manufactured | |Temporary structures—tents used for |Home Estates, Caravan Parks, Camping | |short term accommodation |Grounds and Moveable Dwellings) | | |Regulation 2005). | | |Must be erected in accordance with the| | |manufacturer’s specifications and | | |requirements. | | |Must not be erected for a period | | |exceeding 21 consecutive days. | | |Stormwater runoff must not cause a | |_____________________________________________________________________________| | |Siting of tents must not create any | | |noise nuisance arising from the use of| | |the tent. | | |Must be setback a minimum 1.5m from | |_____________________________________________________________________________| LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - SCHEDULE 2 SCHEDULE 2 – Subdivision standards (Clause 24) Part 1 - Preliminary 1 Definitions (1) In this Schedule: "building area" means the area of the site capable of supporting development. It does not include: (a) front, side and rear setbacks, or (b) the access handle of a battle-axe lot. "community association", "community development lot", "community parcel", "community property" and "community scheme" have the same meaning as they have in the Community Land Development Act 1989. "irregular lot" means a lot that is not a standard lot. "neighbourhood scheme" has the same meaning as it has in the Community Land Development Act 1989. "standard lot" means a rectangular lot (and includes a rectangular corner lot). "width" means the distance of the perpendicular line between the side boundaries, as measured at the front building setback. (2) In this Schedule, the minimum area specified for battle-axe lots excludes the battle-axe access handle. (3) The subdivision standards in this Schedule do not apply to strata subdivision. (4) A heading to a clause in this Schedule is taken to be part of this Schedule. Part 2 - Zone 1 (1) Rural (Production) 2 All types of subdivision Minimum area—20ha. Part 3 - Zone 1 (2) Rural (Living) 3 Subdivisions not for purpose of community, precinct or neighbourhood scheme Minimum area—1ha. 4 Subdivisions for purpose of community scheme (1) Community parcel: minimum area—5ha. (2) Community development lots: (a) minimum area—1,000m 2, (b) maximum area—1,500m 2, (c) maximum density (excluding community property)—1.6 lots per ha, (d) must be clustered together, or otherwise established, for the purpose of retaining a significant area of unbuilt open space to preserve the natural quality of the land and the rural character of the area. All remaining land must be community property under the control of the community association, (e) must not have frontage to a public road unless it can be demonstrated that the subdivision is consistent with the existing subdivision pattern, and the subdivision will preserve the natural and scenic quality of the land. Part 4 - Zone 2 (1) Residential Note: Also see, in particular, clauses 24, 27 and 28A. 5 Any type of subdivision of approved dual occupancy Minimum area—250m 2. 6 Any type of subdivision of approved small lot housing (1) Must create at least 3 small lot housing lots. (2) Each lot must: (a) be not less than 300m 2, but not more than 450m 2, in area, (b) have direct frontage to a public road, or an access way established as part of a community scheme. 7 Subdivisions (other than of approved dual occupancy or approved small lot housing) (1) Standard lot: (a) standard corner lot: (i) minimum area—600m 2, (ii) minimum width—18m, (b) other standard lot: (i) minimum area—450m 2, (ii) minimum width—14m. (2) Irregular lot: (a) battle-axe lot: (i) minimum area—600m 2, (ii) must have a rectangular building area with a minimum area of 250m 2 and a minimum width of 12m, (iii) minimum width of battle-axe access handle servicing 1 battle-axe lot—4m, or 2 battle-axe lots—5m, (iv) maximum number of battle-axe lots sharing a single access handle—2, (b) irregular corner lot: (i) minimum area—600m 2, (ii) minimum width—18m, (c) other irregular lot: (i) minimum area—450m 2, (ii) must have a rectangular building area with a minimum area of 250m 2 and a minimum width of 12m. 8 Subdivisions (other than of approved dual occupancy or approved small lot housing) that create 10 or more lots At least 10%, but no more than 50%, of lots must be small lot housing lots. Part 5 - Zone 2 (2) Residential (Urban Living) Note: Also see, in particular, clauses 24, 27 and 28A. 9 Any type of subdivision of approved small lot housing (1) Must create at least 4 small lot housing lots. (2) Each lot must: (a) be not less than 200m 2, but not more than 450m 2, in area, (b) have direct frontage to a public road, or an access way established as part of a community scheme. 10 Subdivisions (other than of approved small lot housing) (1) Standard lot: (a) standard corner lot: (i) minimum area—1,200m 2, (ii) must have a rectangular building area with a minimum area of 900m 2 and a minimum width of 25m, (b) other standard lot: (i) minimum area—900m 2, (ii) minimum width—25m. (2) Irregular lot: (a) battle-axe lot: (i) minimum area—1,500m 2, (ii) must have a rectangular building area with a minimum area of 900m 2 and a minimum width of 25m, (iii) minimum width of battle-axe access handle servicing 1 battle-axe lot—8m, (iv) maximum number of battle-axe lots sharing a single access handle—2, (b) irregular corner lot: (i) minimum area—1,200m 2, (ii) must have a rectangular building area with a minimum area of 900m 2 and a minimum width of 25m, (c) other irregular lot: (i) minimum area—900m 2, (ii) must have a rectangular building area with a minimum area of 900m 2 and a minimum width of 25m. Part 6 - Zone 3 (1) Urban Centre (Core) 11 All types of subdivision No numeric standards. Part 7 - Zone 3 (2) Urban Centre (Support) 12 All types of subdivision No numeric standards. Part 8 - Zone 4 (1) Industrial (Core) 13 All types of subdivision (1) Standard lot: (a) minimum area—4,000m 2, (b) minimum width—40m. (2) Irregular lot: (a) battle-axe lot: (i) minimum area—4,000m 2, (ii) minimum width—40m, (iii) minimum width of battle-axe access handle—12m, (iv) maximum number of battle-axe lots sharing a single access handle—2, (b) other irregular lot: (i) minimum area—4,000m 2, (ii) minimum width—40m. Part 9 - Zone 4 (2) Industrial (General) 14 All types of subdivision (1) Standard lot: (a) minimum area—1,500m 2, (b) minimum width—25m. (2) Irregular lot: (a) battle-axe lot: (i) minimum area—1,500m 2, (ii) minimum width—25m, (iii) minimum width of battle-axe access handle—9m, (iv) maximum number of battle-axe lots sharing a single access handle—2, (b) other irregular lot: (i) minimum area—1,500m 2, (ii) minimum width—25m. Part 10 - Zone 4 (3) Industrial (Urban Services) 15 All types of subdivision (1) Standard lot: (a) minimum area—1,500m 2, (b) minimum width—25m. (2) Irregular lot: (a) battle-axe lot: (i) minimum area—1,500m 2, (ii) minimum width—25m, (iii) minimum width of battle-axe access handle—9m, (iv) maximum number of battle-axe lots sharing a single access handle—2, (b) other irregular lot: (i) minimum area—1,500m 2, (ii) minimum width—25m. Part 11 - Zone 5 Infrastructure 16 All types of subdivision No numeric standards. Part 12 - Zone 6 (1) Open Space 17 All types of subdivision No numeric standards. Part 13 - Zone 6 (2) Tourism and Recreation 18 All types of subdivision No numeric standards. Part 14 - Zone 7 (1) Conservation (Primary) 19 All types of subdivision (1) Minimum area for land within South Wallarah Peninsula (being land east of the Pacific Highway and south of the land to which Lake Macquarie Local Environmental Plan 2000—North Wallarah Peninsula applies)—100ha. (2) Minimum area for all other land within Zone 7 (1)—40ha. Part 15 - Zone 7 (2) Conservation (Secondary) 20 All types of subdivision Minimum area—40ha. Part 16 - Zone 7 (3) Environmental (General) 21 Subdivisions not for purpose of community, precinct or neighbourhood scheme (1) Minimum area—40ha. (2) Must have a square building area that has: (a) minimum width—40m, (b) minimum slope of less than 1 in 5. 22 Subdivisions for purpose of community scheme (1) Community parcel: minimum area—40ha. (2) Community development lots: (a) minimum area—1,000m 2, (b) maximum area—2,500m 2, (c) maximum density (excluding community property)—1 lot per 10ha, (d) must be clustered together, or otherwise established, for the purpose of retaining a significant area of unbuilt open space to preserve, maintain and enhance the natural and scenic quality of the land, (e) all remaining land must be community property under the control of the community association, (f) must not have frontage to a public road unless it can be demonstrated that the subdivision is consistent with the existing subdivision pattern, and the subdivision will preserve the natural and scenic quality of the land. Part 17 - Zone 7 (4) Environmental (Coastline) 23 All types of subdivision No numeric standards. Part 18 - Zone 7 (5) Environmental (Living) 24 Subdivisions not for purpose of community, precinct or neighbourhood scheme (1) Minimum area—2ha. (2) Must have a square building area that has: (a) minimum width—40m, (b) minimum slope of less than 1 in 5. 25 Subdivisions for purpose of community scheme (1) Community parcel: minimum area—10ha. (2) Community development lots: (a) minimum area—600m 2, (b) maximum area—1,200m 2, (c) maximum density (excluding common property)—1 lot per ha, (d) must be clustered together, or otherwise established, for the purpose of retaining a significant area of unbuilt open space to preserve, maintain and enhance the natural and scenic quality of the land, (e) all remaining land must be community property under the control of the community association, (f) must not have frontage to a public road unless it can be demonstrated that the subdivision is consistent with the existing subdivision pattern, and the subdivision will preserve the natural and scenic quality of the land. Part 19 - Zone 8 National Park 26 All types of subdivision No numeric standards. Part 20 - Zone 9 Natural Resources 27 All types of subdivision No numeric standards. Part 21 - Zone 10 Investigation 28 All types of subdivision Subdivision prohibited. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - SCHEDULE 3 SCHEDULE 3 – Classification and reclassification of public land as operational land (Clause 61) Part 1 - Land classified, or reclassified, as operational land—no interests changed ______________________________________ |______________________________________| |______________________________________| |______________________________________| |______________________________________| |______________________________________| |______________________________________| Part 2 - Land classified, or reclassified, as operational land—interests changed ___________________________________________________________________________ |___________________________________________________________________________| |___________________________________________________________________________| |___________________________________________________________________________| | |Lot 21, DP 620675, as |Easement for access and | | |shown edged heavy black on|pipeline (P805804) as | |39 Gerald Street |Sheet 2 of the map marked |noted on Certificate of | | |“ Lake Macquarie Local |Title Folio Identifier 21/| | |Environmental Plan 2004 |620675 | |___________________________________________________________________________| | |Lot 2, DP 358543, as shown| | | |edged heavy black on Sheet| | |37C Ross Street |5 of the map marked “ |Nil. | | |Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| | |Part of Lot 1, DP 358543, | | | |as shown edged heavy black| | |65 Tudor Street |on Sheet 5 of the map |Nil. | | |marked “ Lake Macquarie | | | |Local Environmental Plan | | |___________________________________________________________________________| |___________________________________________________________________________| | |Lot 14, DP 1013486, as | | | |shown edged heavy black on| | |16 Pacific Highway |Sheet 2 of the map marked |Nil. | | |“ Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| | |Lot 13, DP 1013486, as | | | |shown edged heavy black on| | |18 Pacific Highway |Sheet 2 of the map marked |Nil. | | |“ Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| | |Lot 12, DP 1013486, as | | | |shown edged heavy black on| | |20 Pacific Highway |Sheet 2 of the map marked |Nil. | | |“ Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| | |Lot 11, DP 1013486, as | | | |shown edged heavy black on| | |22 Pacific Highway |Sheet 2 of the map marked |Nil. | | |“ Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| |___________________________________________________________________________| | |Lot 8, DP 248567, as shown| | | |edged heavy black on Sheet| | |42 Illawarra Avenue |1 of the map marked “ |Nil. | | |Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| | |Lot 10, Section 12, DP | | | |2472, as shown edged heavy| | | |black on Sheet 5 of the | | |1 Bank Street |map marked “ Lake |Nil. | | |Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| | |Lot 11, DP 1097938, as | | | |shown edged heavy black on|Easement for drainage (DP | |175 Myall Road |Sheet 1 of the map marked |1097938) as noted on | | |“ Lake Macquarie Local |Certificate of Title Folio| | |Environmental Plan 2004 |Identifier 11/1097938. | |___________________________________________________________________________| |___________________________________________________________________________| | |Part of Lot 63, DP 570307,| | | |as shown edged heavy black| | |1A Water Street |on Sheet 1 of the map |Nil. | | |marked “ Lake Macquarie | | | |Local Environmental Plan | | |___________________________________________________________________________| |___________________________________________________________________________| | |Lot 2, DP 727770, as shown| | | |edged heavy black on Sheet| | |2 Canberra Street |3 of the map marked “ |Nil. | | |Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| | |Lot 4, DP 248597 and Lot | | | |1, DP 47292, as shown | | | |edged heavy black on Sheet| | |1 Frederick Street |3 of the map marked “ |Nil. | | |Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| | |Lot 3, DP 248597, as shown| | | |edged heavy black on Sheet| | |3 Frederick Street |3 of the map marked “ |Nil. | | |Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| | |Part of Lot 3, DP 1090261,|Easement for water supply | | |as shown edged heavy black|pipeline (Government | |128A Pacific Highway |on Sheet 3 of the map |Gazette 14/12/1956) 3.05 | | |marked “ Lake Macquarie |wide as noted on | | |Local Environmental Plan |Certificate of Title Folio| |___________________________________________________________________________| |___________________________________________________________________________| | |Lot 2, DP 841357, as shown| | | |edged heavy black on Sheet| | |29 Arnott Street |4 of the map marked “ |Nil. | | |Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| | |Lot 158, DP 245903, as | | | |shown edged heavy black on| | |12 Huntly Close |Sheet 6 of the map marked |Nil. | | |“ Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| | |Lot A1, DP 420093, as | | | |shown edged heavy black on| | |742c Main Road |Sheet 1 of the map marked |Nil. | | |“ Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| | |Lot 157, DP 245903, as | | | |shown edged heavy black on| | |8 Tona Close |Sheet 6 of the map marked |Nil. | | |“ Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| |___________________________________________________________________________| | |Part of Lot 44, DP 10416, | | | |as shown edged heavy black| | |8a Edward Street |on Sheet 2 of the map |Nil. | | |marked “ Lake Macquarie | | | |Local Environmental Plan | | |___________________________________________________________________________| |___________________________________________________________________________| | |Part of Lot 10, DP | | | |1013486, as shown edged |Easement for water supply | | |heavy black on Sheet 2 of |pipeline (DP165130) as | |6A Pacific Highway |the map marked “ Lake |noted on Certificate of | | |Macquarie Local |Title Folio Identifier 10/| | |Environmental Plan 2004 |1013486. | |___________________________________________________________________________| |___________________________________________________________________________| | | |Easement for transmission | | | |line (S447682; O171544); | | |Lot 11, DP 865769, as |Easement for underground | | |shown edged heavy black on|cables (S580540; Z646912);| |Lake Road |the map marked “ Lake |Two easements for | | |Macquarie Local |watermains 7.5 wide and | | |Environmental Plan 2004 |3.66 wide (O189149), as | | |(Amendment No 13) ” |noted on Certificate of | | | |Title Folio Identifier 11/| |___________________________________________________________________________| |___________________________________________________________________________| | | |Easement for transmission | |121 Macquarie Road |Lot 41, DP 1132840 |line (K556111) as noted on| | | |Certificate of Title Folio| |___________________________________________________________________________| |___________________________________________________________________________| | |Lot 3, DP 505562, as shown| | | |edged heavy black on Sheet| | |1A Findon Street |1 of the map marked “ |Nil. | | |Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| | |Part of Lot 120, DP |Easement for electricity | | |592220, as shown edged |purposes and right of | | |heavy black on Sheet 1 of |carriageway (DP 592220) | |3A Findon Street |the map marked “ Lake |and Lease (3462625), as | | |Macquarie Local |noted on Certificate of | | |Environmental Plan 2004 |Title Folio Identifier | |___________________________________________________________________________| | |Lot 3, DP 350518, as shown| | | |edged heavy black on Sheet| | |36c Marks Point Road |1 of the map marked “ |Nil. | | |Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| |___________________________________________________________________________| | |Lot 8, DP 244002, as shown| | | |edged heavy black on Sheet| | |25 Chifley Road |2 of the map marked “ |Nil. | | |Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| |___________________________________________________________________________| | |Part of Lot 100, DP |Covenant (S39899) and | | |609787, as shown edged |Lease to Lake Macquarie | | |heavy black on Sheet 2 of |Youth Refuge Incorporated | |21 Elsdon Street |the map marked “ Lake |(I178754) as noted on | | |Macquarie Local |Certificate of Title Folio| | |Environmental Plan 2004 |Identifier 100/609787. | |___________________________________________________________________________| |___________________________________________________________________________| | |Lot 421, DP 785216, as | | | |shown edged heavy black on| | |4 Josephson Street |Sheet 3 of the map marked |Nil. | | |“ Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| | |Lot 41, DP 5688, as shown | | | |edged heavy black on Sheet| | |16 Josephson Street |3 of the map marked “ |Nil. | | |Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| | |Lot 38, DP 5688, as shown | | | |edged heavy black on Sheet| | |22 Josephson Street |3 of the map marked “ |Nil. | | |Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| | |Lot 37, DP 5688, as shown | | | |edged heavy black on Sheet| | |24 Josephson Street |3 of the map marked “ |Nil. | | |Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| | |Lot 36, DP 5688, as shown |Any lease that is | | |edged heavy black on Sheet|registered by 30 June 2009| |26 Josephson Street |3 of the map marked “ |and noted on Certificate | | |Lake Macquarie Local |of Title Folio Identifier | | |Environmental Plan 2004 |36/5688. | |___________________________________________________________________________| | |Part of Lot 63, DP 18797, |Lease (8802695) and | | |as shown edged heavy black|Transfer of Lease | |27 Lake Road |on Sheet 2 of the map |(9656620), as noted on | | |marked “ Lake Macquarie |Certificate of Title Folio| | |Local Environmental Plan |Identifier 63/18797. | |___________________________________________________________________________| | |Part of Lot 63, DP 18797 | | | |(being the remainder of | | | |the lot), as shown edged | | |27 Lake Road |heavy black on Sheet 3 of |Nil. | | |the map marked “ Lake | | | |Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| | |Lot 1341, DP 592683, as | | | |shown edged heavy black on|Covenant (H882038) as | |86a Northcote Avenue |Sheet 3 of the map marked |noted on Certificate of | | |“ Lake Macquarie Local |Title Folio Identifier | | |Environmental Plan 2004 |1341/592683 | |___________________________________________________________________________| | |Lot 2, DP 529225, as shown| | | |edged heavy black on Sheet| | |104c Pacific Highway |3 of the map marked “ |Nil. | | |Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| |___________________________________________________________________________| | |Part of Lot 11, DP |Two easements for | | |1066866, as shown edged |transmission lines | | |heavy black on Sheet 3 of |(H152009; E460723) and | |19 Grattoir Place |the map marked “ Lake |Easement to drain water | | |Macquarie Local |(DP 1002247) as noted on | | |Environmental Plan 2004 |Certificate of Title Folio| |___________________________________________________________________________| | |Part of Lot 6, DP 1066866,| | | |as shown edged heavy black|Easement to drain water | |2 Leo Lewis Close |on Sheet 1 of the map |(DP1066866) as noted on | | |marked “ Lake Macquarie |Certificate of Title Folio| | |Local Environmental Plan |Identifier 6/1066866. | |___________________________________________________________________________| | |Lot 2, DP 612606, as shown| | | |edged heavy black on Sheet| | |86A The Boulevarde |1 of the map marked “ |Nil. | | |Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| | |Lot 94, DP 9673, as shown | | | |edged heavy black on Sheet| | |32a Victory Parade |4 of the map marked “ |Nil. | | |Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| |___________________________________________________________________________| | |Lot 526, DP 859786, as | | | |shown edged heavy black on| | |9 Ashton Close |Sheet 5 of the map marked |Nil. | | |“ Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| | |Part of Lot 3, DP 584391, |Lease (I645011) and | | |as shown edged heavy black|Mortgage of Lease | |5 Charles Street |on Sheet 3 of the map |(I946289), as noted on | | |marked “ Lake Macquarie |Certificate of Title Folio| | |Local Environmental Plan |Identifier 3/584391. | |___________________________________________________________________________| | |Lots 1 and 2 DP 584391, as|Lease (I645011) and | | |shown edged heavy black on|Mortgage of Lease | |7 Charles Street |Sheet 4 of the map marked |(I946289), as noted on | | |“ Lake Macquarie Local |Certificates of Title | | |Environmental Plan 2004 |Folio Identifiers 1/584391| |___________________________________________________________________________| | |Lot 1, DP 995572, as shown| | | |edged heavy black on Sheet| | |23A Charles Street |7 of the map marked “ |Nil. | | |Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| | |Lot 1, DP 995571, as shown| | | |edged heavy black on Sheet| | |25 Charles Street |7 of the map marked “ |Nil. | | |Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| | |Lot 3, Section 28, DP | | | |111125, as shown edged | | | |heavy black on Sheet 7 of | | |27 Charles Street |the map marked “ Lake |Nil. | | |Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| |___________________________________________________________________________| | |Lot 1, DP 661964, as shown| | | |edged heavy black on Sheet| | |1c John Street |6 of the map marked “ |Nil. | | |Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| | |Lot 131, DP 529234, as | | | |shown edged heavy black on| | |18 John Street |Sheet 7 of the map marked |Nil. | | |“ Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| | |Lot 29, DP 745867, as | | | |shown edged heavy black on| | |20 John Street |Sheet 7 of the map marked |Nil. | | |“ Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| | |Lot 21, Section 28, DP | | | |111125, as shown edged |Easement for electricity | | |heavy black on Sheet 6 of |(Book 3721 No 878) as | |36 John Street |the map marked “ Lake |noted on Certificate of | | |Macquarie Local |Title Folio Identifier 21/| | |Environmental Plan 2004 |28/111125. | |___________________________________________________________________________| | |Lot 20, DP 91634, as shown| | | |edged heavy black on Sheet|Right of carriageway (DP | |38 John Street |6 of the map marked “ |1022769) as noted on | | |Lake Macquarie Local |Certificate of Title Folio| | |Environmental Plan 2004 |Identifier 20/91634. | |___________________________________________________________________________| | | |Right of carriageway (DP | |40 John Street |Lot 101, DP 1131065 |1022769) as noted on | | | |Certificate of Title Folio| |___________________________________________________________________________| |___________________________________________________________________________| | |Lot 50, DP 623626, as |Lease to Warners Bay Early| | |shown edged heavy black on|Learning and Care | | |Sheet 7 of the map marked |Incorporated (AE814798H) | |57 King Street |“ Lake Macquarie Local |(expires 31/12/2013) as | | |Environmental Plan 2004 |noted on Certificate of | | |(Amendment No 32) ” |Title Folio Identifier 50/| |___________________________________________________________________________| | | |Lease to Warners Bay Early| | | |Learning and Care | | | |Incorporated (AE814798H) | |59 King Street |Lot 104, DP 1131065 |(expires 31/12/2013) as | | | |noted on Certificate of | | | |Title Folio Identifier | |___________________________________________________________________________| | | |Lease to Warners Bay Early| | | |Learning and Care | | | |Incorporated (AE814798H) | |61 King Street |Lot 103, DP 1131065 |(expires 31/12/2013) as | | | |noted on Certificate of | | | |Title Folio Identifier | |___________________________________________________________________________| | |Lots 1 and 2, DP 521740, | | | |as shown edged heavy black| | |63 King Street |on Sheet 6 of the map |Nil. | | |marked “ Lake Macquarie | | | |Local Environmental Plan | | |___________________________________________________________________________| | |Lot 130, DP 529234, as | | | |shown edged heavy black on| | |20 Lake Street |Sheet 7 of the map marked |Nil. | | |“ Lake Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| |___________________________________________________________________________| | |Lots 4 and 5, Section 16, | | | |DP 759124, as shown edged | | |20 and 22 Summerhayes|heavy black on Sheet 3 of | | |Road |the map marked “ Lake |Nil. | | |Macquarie Local | | | |Environmental Plan 2004 | | |___________________________________________________________________________| LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - SCHEDULE 4 SCHEDULE 4 – Heritage items other than of indigenous origins and including potential archaeological sites (Clause 51 and Dictionary) Part 1 - Heritage items other than of indigenous origins In this Schedule, for the purpose of listing property descriptions, the symbol "S" means identified as of State significance, "R" means identified as of regional significance, "L" means identified as of local significance, "PO" means Permissive Occupancy, "MS" means miscellaneous, "MD" means Maitland and "SP" means strata plan. _____________________________________________________________________________ |Item No|Significance |Item |Address |Property | |_____________________________________________________________________________| |______________________| |AG-01 |L |Newcastle Mines |533 Lake Rd |Lot 2, DP 599235 | |_____________________________________________________________________________| | | |Former Cockle Creek|2 (over) Cockle | | |AG-02 |L |Railway Bridge |Creek | | |_____________________________________________________________________________| | | |Cockle Creek |3 (over) Cockle | | |AG-03 |L |Railway Bridge |Creek | | |_____________________________________________________________________________| |AG-05 |L |Church Hall and |477 Lake Rd |Lot 1, DP 125686 | |_____________________________________________________________________________| |AG-06 |L |Speers Point Tram |Frederick St | | |_____________________________________________________________________________| |______________________| |AW-03 |L |Former Awaba Union |20 Gosford St |Lot 1, Section 8,| |_____________________________________________________________________________| |AW-05 |L |Gatekeeper’s |1 Wilton Rd |Lot 1, DP 817297 | |_____________________________________________________________________________| |______________________| |BY-02 |L |Johnston Family |14A Taylor Ave |Lot 100, DP | |_____________________________________________________________________________| |BY-03 |L |Former Barnsley |91 Appletree Rd |Lot 2, DP 1001812| |_____________________________________________________________________________| |______________________| |BM-01 |L |House |23 Bellevue Rd |Lot 1, DP 881605 | |_____________________________________________________________________________| |BM-04 |L |Captain Bain’s |15 George St |Lot 2, DP 13715 | |_____________________________________________________________________________| |BM-05 |L |House “The |45 Walter St |Lot D, DP 402085 | |_____________________________________________________________________________| |_____________________________________________________________________________| |______________________| | | | |14 John Darling | | | | | |Ave |Lot 100, DP | | | | |65 John Fisher |1136505 | |BN-01 |L |Former John Darling|Rd |Lot 1, DP 814551 | | | |Colliery |85 John Fisher |Lot 2, DP 814551 | | | | |Rd |Lot 3, DP 814551 | | | | |75 John Fisher | | |_____________________________________________________________________________| | | | |3 Maranatha Cl |Lot 12, DP 848941| | | |Former Staff |7 Maranatha Cl |Lot 14, DP 848941| |BN-04 |L |Houses, Colliery |9 Maranatha Cl |Lot 15, DP 848941| | | |Row |21 Maranatha Cl |Lot 120, DP | |_____________________________________________________________________________| |______________________| |BS-02 |L |Tank traps |Cold Tea Creek, |Lot 7024, DP | |_____________________________________________________________________________| |______________________| | | | |2 (over) Mudd | | | | | |Creek and 2 | | |BK-02 |L |Railway Bridges |(over) Stony | | | | | |Creek | | |_____________________________________________________________________________| |BK-03 |L |Railway Station |26 South Pde | | |_____________________________________________________________________________| |______________________| | | | |8 Creek Reserve | | | | | |Rd | | | | | |10 Creek Reserve|Lot 11, DP 616785| |BR-01 |L |Group of 4 Cottages|Rd |Lot 1, DP 301687 | | | | |12 Creek Reserve|Lot 3, DP 8704 | | | | |Rd |Lot 4, DP 8704 | | | | |14 Creek Reserve| | |_____________________________________________________________________________| |BR-02 |L |Former Boolaroo |91 Main Rd |Lot 2, DP 809177 | |_____________________________________________________________________________| |_____________________________________________________________________________| | | | | |Lot 1, Section A,| |BR-05 |L |Commercial Hotel |2 Main Rd |DP 3494, Lot 2, | | | | | |Section A, DP | |_____________________________________________________________________________| |BR-06 |L |House “Alida” |Lakeview Rd |Lot 4, Section M,| |_____________________________________________________________________________| | | |Former Laboratory | | | |BR-16 |L |building on the |Part of 13A Main|Part of Lot 2, DP| | | |former Pasminco |Rd |1127713 | |_____________________________________________________________________________| |______________________| |_____________________________________________________________________________| | | | | |Lot 120, DP | |BU-02 |L |House “Awaba |18 Marmong St |855520 | | | |Park” |2b First St |Lot 33, DP | |_____________________________________________________________________________| |BU-03 |L |Quigley Grave |24 Park Pde |Pt Lot 468, DP | |_____________________________________________________________________________| |______________________| |CW-01 |L |Lord of the Manor |13 Cams Wharf Rd|Lot 2, DP 616354 | |_____________________________________________________________________________| |______________________| |CF-01 |L |Row of 4 Shops with|275 Main Rd |Lot 21, DP 544989| |_____________________________________________________________________________| |_____________________________________________________________________________| |CF-04 |L |Former Doctor’s |8 Michael St |Lot 2, DP 214463 | |_____________________________________________________________________________| |_____________________________________________________________________________| |CF-08 |L |Cardiff Masonic |4 Margaret St |Lot 12, Section | |_____________________________________________________________________________| |CF-09 |L |House |309 Main Rd |Pt Lot 34, DP | |_____________________________________________________________________________| |CF-15 |L |St Kevin’s |230 Main Rd |Lot 1, DP 1015805| |_____________________________________________________________________________| |CF-16 |L |St Kevin’s Church|226 Main Rd |Lot 3, Section A,| |_____________________________________________________________________________| |CF-17 |L |Former Miner’s |251 Main Rd |Lot 1, DP 303203 | |_____________________________________________________________________________| |______________________| | | | |14a Almora Cl |Lot 38, DP 827464| |CS-01 |L |Former Colliery |180 Macquarie Rd|Lot 17, DP 727746| | | |Tramway |235 Macquarie Rd|Lot 673, DP | |_____________________________________________________________________________| | |Catherine Hill| |______________________| | | | | |Lot 1, Section F,| | | |Police Station and |23–27 Clarke |DP 163, Lot 3, | |CH-03 |L |Lock Up |St |Section F, DP | | | | | |163, Lot 5, | |_____________________________________________________________________________| |CH-04 |L |Wallarah Hotel |24 Clarke St |Lot 1, Section D,| |_____________________________________________________________________________| |CH-05 |L |Cottages |10 Clarke St |Lot 71, DP 222717| |_____________________________________________________________________________| |CH-06 |L |Cottages |21 Clarke St |Lot 78, DP 222717| |_____________________________________________________________________________| |_____________________________________________________________________________| | | | |9 Clarke St |Lot 84, DP 222717| |CH-08 |L |Cottages |7 Clarke St |Lot 85, DP 222717| | | | |5 Clarke St |Lot 86, DP 222717| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |CH-14 |L |Coal Loader Jetty |Southern end of |Lot 104, DP | |_____________________________________________________________________________| |CH-17 |L |House and 4 Norfolk|38 Flowers Dr |Lot 22, DP 593154| |_____________________________________________________________________________| |_____________________________________________________________________________| | | | |27 Flowers Dr |Lot 14, DP 222943| | | | |29 Flowers Dr |Lot 15, DP 222943| | | | |31 Flowers Dr |Lot 16, DP 222943| | | | |33 Flowers Dr |Lot 17, DP 222943| | | | |35 Flowers Dr |Lot 18, DP 222943| | | | |37 Flowers Dr |Lot 19, DP 222943| |CH-21 |L |Group of cottages |42 Flowers Dr |Lot 41, DP 222943| | | | |44 Flowers Dr |Lot 42, DP 222943| | | | |46 Flowers Dr |Lot 43, DP 222943| | | | |48 Flowers Dr |Lot 44, DP 222943| | | | |50 Flowers Dr |Lot 45, DP 222943| | | | |54 Flowers Dr |Lot 47, DP 222943| | | | |56 Flowers Dr |Lot 48, DP 222943| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| | | | |38 Flowers Dr |Lot 223, DP | |CH-27 |L |House |(off Colliery |1102989 | |_____________________________________________________________________________| |CH-32 |L |Cemetery |8 Northwood Rd |Lot 7079, DP | |_____________________________________________________________________________| |CH-34 |S |Former WWII RAAF |145 Mine Camp Rd|Lot 16, DP 755266| |_____________________________________________________________________________| |______________________| | | | |300 Charlestown | | | | | |Rd | | | | | |304 Charlestown |Lot 2, DP 33470 | |CT-01 |L |Miners’ Cottages |Rd |Lot 4, DP 33470 | | | | |306 Charlestown |Lot 5, DP 33470 | | | | |Rd |Lot 6, DP 33470 | | | | |308 Charlestown | | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |______________________| |CP-01 |L |Threlkeld’s Mine |359 Coal Point |Lot 172, DP | |_____________________________________________________________________________| |______________________| |CB-01 |L |Grave “Frost’s |54 Mannings Rd |Lot 1, DP 919600 | |_____________________________________________________________________________| |CB-02 |L |Catholic Church and|6 Martinsville |Lot 1, DP 197852 | |_____________________________________________________________________________| |CB-03 |L |Former Post Office |41 Martinsville |Lot 120, DP | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| | | |North Corrumbung |200 Martinsville|Lot 7300, DP | |CB-08 |L |Cemetery |Rd |1145113 | |_____________________________________________________________________________| | | |Suspension |Off Victory | | |CB-09 |L |Footbridge |St—Crosses | | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |CB-23 |L |House “The |50 Central Rd |Lot 18, DP 129134| |_____________________________________________________________________________| |CB-24 |L |Auditorium |50 Central Rd |Lot 9, Section 7,| |_____________________________________________________________________________| | | | |70 Central Rd |Lots 6, 7 and 8, | | | |Sanitarium Health |70 Central Rd |Section 1, DP | |CB-26 |L |Foods Factory |50 Central Rd |3533 | | | | |50 Central Rd |Lot 1, DP 938761 | |_____________________________________________________________________________| | | |Sanitarium Dairy | |Lots 18 to 23, | |CB-27 |L |Farm |15 Central Rd |Section 3, DP | |_____________________________________________________________________________| |CB-28 |L |House “Three |597 Freemans Dr |Lot 201, DP | |_____________________________________________________________________________| |_____________________________________________________________________________| |CB-31 |L |House |27 Avondale Rd |Lot 2, DP 204207 | |_____________________________________________________________________________| |______________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |DC-04 |L |Former St Paul’s |26 Coorumbung Rd|Lot 101, DP | |_____________________________________________________________________________| |______________________| |_____________________________________________________________________________| | | | |Corner of |Lot 189, DP | |DL-02 |L |Dudley Monument |Redhead Rd and |755233 | |_____________________________________________________________________________| | | |Two Miner’s |125 and 127 |Lots 1, 2 and 3, | |DL-03 |L |Cottages |Ocean St |Section D, DP | |_____________________________________________________________________________| |DL-04 |L |Dudley Public |124 Ocean St |Lot 145, DP | |_____________________________________________________________________________| |_____________________________________________________________________________| |DL-07 |L |Ocean View Hotel |85 Ocean St |Lot 20, Section | |_____________________________________________________________________________| |DL-08 |L |Royal Crown Hotel |94 Ocean St |Lot 18, Section | |_____________________________________________________________________________| |DL-09 |L |Former Miner’s |31 Thomas St |Lot 9, Section D,| |_____________________________________________________________________________| |DL-10 |L |Former Miner’s |29 Thomas St |Lot 11, Section | |_____________________________________________________________________________| |______________________| |EW-07 |L |School Teacher’s |7 Minmi Rd |Lot 106, DP | |_____________________________________________________________________________| |______________________| | | | |268 Rocky Point | | | | | |Rd, Eraring |Lot 11, DP | | | | |294 Rocky Point |1050120 | | | | |Rd, Eraring |Lot 10, DP | | | | |115 Construction|1050120 | |ER-01 |L |Eraring Power |Rd, Myuna Bay |Lot 50, DP 840671| | | |Station |215 Construction|Lot 20, DP 840668| | | | |Rd, Myuna Bay |Lot 211, DP | | | | |235 Construction|840670 | | | | |Rd, Myuna Bay |Lot 51, DP 840671| | | | |260 Construction| | |_____________________________________________________________________________| |______________________| |FF-01 |L |Fassifern Railway |Wallsend Rd |Lot 1, DP 854050 | |_____________________________________________________________________________| | | |Toronto Railway |(over) Fassifern| | |FF-02 |L |Overbridge |Rd | | |_____________________________________________________________________________| |FF-03 |L |Fassifern Railway |29 Fassifern Rd | | |_____________________________________________________________________________| | |Freemans | |______________________| |FW-01 |L |Headframe Former |890A Freemans Dr|Lot 80, DP 610602| |_____________________________________________________________________________| |______________________| |GD-01 |L |Cardiff Railway |460 Main Rd |Lot 100, DP | |_____________________________________________________________________________| |______________________| |HV-04 |L |Brick House |47 Appletree Rd |Lot 3, Section B,| |_____________________________________________________________________________| |_____________________________________________________________________________| |HV-07 |L |House |20 William St |Lot 14, Section | |_____________________________________________________________________________| |HV-08 |L |Former Police |20 Charlotte St |Lot 15, Section | |_____________________________________________________________________________| |HV-09 |L |Post Office Store |18 George St |Lot 1, Section L,| |_____________________________________________________________________________| |HV-11 |L |Holmesville Hotel |21 George St |Lot 20, Section | |_____________________________________________________________________________| |HV-20 |L |House |32 Seaham St |Lot 42, Section | |_____________________________________________________________________________| |HV-24 |L |Railway Station |Killingworth Rd | | |_____________________________________________________________________________| |HV-25 |L |Former Uniting |29 Helens St |Lot 16, Section | |_____________________________________________________________________________| |______________________| | | |Glenrock Railway | |Lot 1, DP 523208 | |KH-01 |S |and Mine Entrance |Glenrock State |and Lot 21, DP | | |L |and early coal |Recreation Area |575387 | |_____________________________________________________________________________| |______________________| |KW-02 |L |Elcom Newcastle |101 Killingworth|Lot 1, DP 619513 | |_____________________________________________________________________________| |KW-03 |L |Former Killingworth|39 Killingworth |Lot 13, Section | |_____________________________________________________________________________| |KW-05 |L |Soldier’s |26 The Broadway |Lot 1, Section D,| |_____________________________________________________________________________| |______________________| |KS-01 |L |South Waratah |31 Kirkdale Dr |Lot 132, DP | |_____________________________________________________________________________| |______________________| |LP-01 |L |Little Pelican | |Lot 7036, DP | |_____________________________________________________________________________| |______________________| |_____________________________________________________________________________| |______________________| |MV-01 |L |Public School |495 Martinsville|Lot 157, DP | |_____________________________________________________________________________| |MV-02 |L |House |32 Wilkinson Rd |Lot 1, DP 741192 | |_____________________________________________________________________________| |_____________________________________________________________________________| |MV-04 |L |Farm House “Wonga|324 Owens Rd |Lot 63, DP 661760| |_____________________________________________________________________________| |MV-08 |L |Former Union Church|447 Martinsville|Lot A, DP 4329 | |_____________________________________________________________________________| |______________________| |MS-01 |L |Stationmaster’s |58 Dora St |Pt Lot 1, DP | |_____________________________________________________________________________| |_____________________________________________________________________________| |MS-04 |L |Mullard Chambers |71 Dora St |Lot 1, DP 215590 | |_____________________________________________________________________________| |MS-08 |L |Morisset High |33 Bridge St |Lot 3, Section | |_____________________________________________________________________________| |MS-10 |L |Tree—Morisset’s|147 Macquarie St|Lot 7045, DP | |_____________________________________________________________________________| |MS-12 |S |Morisset Hospital |84 Bridge |Lot 1, DP 880557 | |_____________________________________________________________________________| | |S |Morisset Hospital |84 Bridge | | |MS-13 |L |Ward 9, Clinical |Street, Morisset|Lot 1, DP 880557 | |_____________________________________________________________________________| |MS-14 |S |Morisset Hospital |84 Bridge |Lot 1, DP 880557 | |_____________________________________________________________________________| |MS-15 |S |Morisset Hospital |84 Bridge |Lot 1, DP 880557 | |_____________________________________________________________________________| |MS-16 |S |Morisset Hospital |84 Bridge |Lot 1, DP 880557 | |_____________________________________________________________________________| | |S |Morisset Hospital |69a Fishing | | |MS-17 |L |The Main Store |Point Rd, |Lot 1 DP 880557 | |_____________________________________________________________________________| | |S |Morisset Hospital |69a Fishing | | |MS-19 |L |Residence No 1 |Point Rd, |Lot 1 DP 880557 | |_____________________________________________________________________________| | |S |Morisset Hospital |69a Fishing | | |MS-20 |L |Ward 17, General |Point Rd, |Lot 1 DP 880557 | |_____________________________________________________________________________| | |S |Morisset Hospital |69a Fishing | | |MS-23 |L |Ward 12 |Point Rd, |Lot 1 DP 880557 | |_____________________________________________________________________________| | |S |Morisset Hospital |69a Fishing | | |MS-24 |L |Residence No 3 |Point Rd, |Lot 1 DP 880557 | |_____________________________________________________________________________| | |S |Morisset Hospital |69a Fishing | | |MS-25 |L |Maximum Security |Point Rd, |Lot 1 DP 880557 | |_____________________________________________________________________________| | | |Morisset Hospital | | | | |S |Cottage Row |69a Fishing | | |MS-26 |L |Residence Nos 16, |Point Rd, |Lot 1 DP 880557 | | | |17, 18, 19, 20 and |Bonnells Bay | | |_____________________________________________________________________________| | | |Morisset Hospital |69a Fishing | | |MS-29 |S |Water Supply |Point Rd, |Lot 1 DP 880557 | | |L |Dam—Pourmalong |Bonnells Bay | | |_____________________________________________________________________________| |______________________| |NW-01 |L |Former Guesthouse |127 Marine Pde |Lot 4 to 9, DP | |_____________________________________________________________________________| |NW-02 |L |“Nords Wharf” |43c Nords Wharf |PO 1970/126 | |_____________________________________________________________________________| |______________________| | | | | |Pt Lot 135, DP | | | | |5 Soldiers Rd |755233 | |PF-01 |L |Cabbage Trees |25 Soldiers Rd |Lot 103, DP | | | | |35 Soldiers Rd |755233 | | | | | |Lot 102, DP | |_____________________________________________________________________________| | |Railways and | |______________________| | | | |West Wallsend to| | | | | |Newcastle via | | | | |West Wallsend Steam|Wallsend, | | |RT-01 |L |Tram Line |Holmesville, | | | | | |Estelville, | | | | | |Edgeworth and | | |_____________________________________________________________________________| | | |Speers Point Steam |Newcastle to | | |RT-02 |L |Tram Line |Speers Point via| | |_____________________________________________________________________________| | | | |Line passes | | | | |Great Northern |through Lake | | |RT-03 |L |Railway |Macquarie from | | | | | |Garden Suburb to| | |_____________________________________________________________________________| | | | |Adamstown to | | | | | |Belmont, the New| | |RT-04 |L |Belmont Railway |Redhead Estate | | | | | |and Coal Company| | |_____________________________________________________________________________| | | | |Burwood No 3 | | | | | |Colliery, | | | | | |Whitebridge, | | | | | |Dudley Colliery,| | | | | |Dudley, Lambton | | |RT-05 |L |Branch Lines from |Colliery, |Lots 1, 2 and 9, | | | |the Belmont Railway|Redhead, John |DP 1038830 | | | | |Darling | | | | | |Colliery, | | | | | |Belmont North, | | | | | |Belmont Colliery| | |_____________________________________________________________________________| | | | |Opposite Dalpura| | | | | |Lane to the Main| | |RT-06 |L |Raspberry Gully |Northern Railway| | | | |Line Railway |Line, near | | | | | |Adamstown along | | |_____________________________________________________________________________| | | | |Cockle Creek to | | | | |Seaham, West |Seaham No 1 | | | | |Wallsend, Fairley |Colliery at | | |RT-09 |L |and Killingworth |Seahampton with | | | | |Railway |branches to | | | | | |Fairley and | | |_____________________________________________________________________________| | | | |From West | | | | | |Wallsend railway| | | | | |on the northside| | | | |Rhondda Colliery |of Stockton | | |RT-10 |L |Railway |Borehole | | | | | |Colliery to the | | | | | |Rhonda Colliery | | | | | |south of Rhonda | | |_____________________________________________________________________________| | | | |Fassifern | | | | |Fassifern to |Railway Station | | |RT-11 |L |Toronto Branch |to Toronto | | | | |Railway Line |Railway Station | | | | | |and then Toronto| | |_____________________________________________________________________________| | | |Wyee Coal Conveyor |North of Wyee to| | |RT-14 |L |Railway Loop |Vales Point | | |_____________________________________________________________________________| |RT-15 |L |Cardiff South |Macquarie Rd, | | |_____________________________________________________________________________| |______________________| | | | | |Lots 37–49, Pt | | | | | |Lot 50 and Pt Lot| | | | | |51, DP 11537 | | | | | |Lot 4, DP 704472 | | | | | |Lot 1, DP 226530 | | | | |Area bounded by |Lot 1, DP 226531 | | | |Rathmines Park |Lake Macquarie, |Lot 1, DP 226532 | |RM-00 |S |(former RAAF |The Circlet, |Lot 1, DP 226533 | | | |Seaplane Base) |Rosemary Row and|Lot 1, DP 226534 | | | | |Overhill Rd |Lot 7, DP 516152 | | | | | |Lot 60, DP 584602| | | | | |Lots 62–64, DP | | | | | |596913 | | | | | |Lots 648 and 654,| |_____________________________________________________________________________| |RM-01 |L |Catalina Memorial |171 Dorrington |Lot 2, DP 226531 | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |RM-04 |L |Christadelphian |2 Stilling St |Lot 5, DP 226534 | |_____________________________________________________________________________| |_____________________________________________________________________________| |RM-06 |L |Rathmines Bowling |1 Stilling St |Lot 4, DP 226533 | |_____________________________________________________________________________| |RM-07 |L |Catalina War |1 Overhill Rd |Lot 64, DP 596913| |_____________________________________________________________________________| |RM-08 |L |Rathmines Holiday |3 Stilling St |Lot 1, DP 226530 | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |RM-12A |L |Emergency Radio |115 Wangi Rd |Lot 446, DP | |_____________________________________________________________________________| |______________________| |_____________________________________________________________________________| |RH-03 |L |Under-Manager’s |17 Geraldton Dr |Lot 7, DP 878840 | |_____________________________________________________________________________| |_____________________________________________________________________________| |RH-07 |L |Mine Manager’s |21 Elsdon St |Lot 100, DP | |_____________________________________________________________________________| |RH-08 |L |Shark Tower |2A Beach Rd |Lot 1412, DP | |_____________________________________________________________________________| |______________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |SP-13 |L |House |74 Speers St |Pt Lot 1, DP | |_____________________________________________________________________________| |SP-14 |L |House |214 The |Lot 1, DP 108865 | |_____________________________________________________________________________| |SP-16 |L |House “The |374 The |Lot 3, DP 786053 | |_____________________________________________________________________________| |SP-17 |L |House |332 The |Lot 4, DP 350608 | |_____________________________________________________________________________| |SP-19 |L |House |302 The |Lot 32, DP 564214| |_____________________________________________________________________________| |SP-23 |L |House |282 The |Lot 145, DP | |_____________________________________________________________________________| | | |Former Lake | | | |SP-25 |L |Macquarie Council |143 Main Rd |Lot 13, DP 810700| |_____________________________________________________________________________| |_____________________________________________________________________________| |SP-29 |L |Speers Point Garage|155 Main Rd |Lot 12, Section | |_____________________________________________________________________________| |SP-30 |L |House |157 Main Rd |Lot 11, Section | |_____________________________________________________________________________| |SP-31 |L |House |159 Main Rd |Lot 10, Section | |_____________________________________________________________________________| |SP-34 |L |Lakeview Street |81 Lakeview St |Lot 14, Section | |_____________________________________________________________________________| |_____________________________________________________________________________| |SP-37 |L |Minenwerfer (or |15 Park Rd |Lot 1, DP 998238 | |_____________________________________________________________________________| |______________________| |SS-02 |L |The Swansea Hotel |196 Pacific Hwy |Lot 12, DP | |_____________________________________________________________________________| |______________________| |_____________________________________________________________________________| |SD-03 |L |Reid’s Mistake, |7a Lambton Pde |Pt Reserve 88033 | |_____________________________________________________________________________| |______________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |TA-09 |L |Teralba Public |57 York St |Lot 2, DP 795123 | |_____________________________________________________________________________| |TA-10 |L |Great Northern |2 Anzac Pde |Lot 7, Section A,| |_____________________________________________________________________________| |TA-11 |L |House “AS” |101 Railway St |Lot 261, DP | |_____________________________________________________________________________| |TA-12 |L |Station Master’s |150 Railway St |Lot 3, DP 831957 | |_____________________________________________________________________________| |TA-13 |L |Teralba Cemetery |20 Pitt St |Lot 31, DP 858667| |_____________________________________________________________________________| |_____________________________________________________________________________| | | | |282 Rhondda Rd |Lot 101, DP | |TA-17 |L |Rhondda Colliery |284 Rhondda Rd |1073163 | |_____________________________________________________________________________| |TA-18 |L |Former Co-operative|75 York St |Lot 18, DP | |_____________________________________________________________________________| |_____________________________________________________________________________| |______________________| |TT-01 |L |House “Manuka” |182 Excelsior |Lot 461, DP | |_____________________________________________________________________________| |TT-06 |L |House “The |2 Jarrett St |Lot 1, DP 1108227| |_____________________________________________________________________________| | | | | |Lots 7044 to | |TT-08 |L |Toronto Cemetery |354 Awaba Rd |7046, DP 1052029 | | | | | |and Lot 7058, DP | |_____________________________________________________________________________| |TT-09 |L |Toronto Hotel |74 Victory Pde |Lot 201, DP | |_____________________________________________________________________________| |TT-11 |L |Former Railway |16 Victory Row |Lot 220, DP | |_____________________________________________________________________________| |TT-12 |L |Frith’s Store |66 The |Lot B, DP 390795 | |_____________________________________________________________________________| |_____________________________________________________________________________| |TT-16 |L |Royal Motor Yacht |8 Arnott Ave |Lot 12 to 15, DP | |_____________________________________________________________________________| | | | | |Lot X, DP 406274,| |TT-17 |L |Building Restaurant|6 Arnott Ave |Pt Lot 424, DP | | | | | |823708, Lot 1, DP| |_____________________________________________________________________________| |TT-18 |L |Boatman’s Cottage|4 Arnott Ave |Lot 1, DP 950464 | |_____________________________________________________________________________| |TT-19 |L |Boathouse and |4 Arnott Ave |Lot 1, DP 950464 | |_____________________________________________________________________________| |_____________________________________________________________________________| |TT-21 |L |House |32 Renwick St |Lot 1, DP 122786 | |_____________________________________________________________________________| |TT-22 |L |Station Master’s |98 Brighton Ave |Lot 1, DP 125979 | |_____________________________________________________________________________| |TT-23 |L |House |109 Brighton Ave|Lot 2, DP 515029 | |_____________________________________________________________________________| |TT-29 |L |Convent of Mercy |26 Renwick St |Lot 2122, DP | |_____________________________________________________________________________| |_____________________________________________________________________________| |TT-38 |L |Cottage |6 Renwick St |Lot 21, Section | |_____________________________________________________________________________| |TT-42 |L |House |16 Hunter St |Lot 111, DP | |_____________________________________________________________________________| |TT-43 |L |Winn’s House |19 Hunter St |Lot 100, DP | |_____________________________________________________________________________| |______________________| |WG-01 |S |Wangi Power Station|80 Donnelly Rd |Lot 101, DP | |_____________________________________________________________________________| |WG-04 |L |House “Dobell |47 Dobell Dr |Lot 13, DP 8840 | |_____________________________________________________________________________| |WG-06A |L |Gun emplacements |24 Reserve Rd |Lot 526, DP | |_____________________________________________________________________________| |______________________| | | | | |Lot 2, DP 20222, | |WB-01 |L |House “Ali’s |6 Fairfax Rd |Lot 34, DP 20222,| | | |Palace” | |Pt Lot 1, DP | |_____________________________________________________________________________| | | | |The slope with | | | | | |north eastern | | | | | |aspect falling | | | | |First Orange |from crest of | | |WB-02 |L |Orchard |hill at corner |(WB-03) | | | | |Beryl and Mills | | | | | |Sts down to | | | | | |creek and | | |_____________________________________________________________________________| | | | |Follows creek | | | | |Mine Pithead and |from below | | |WB-03 |L |Coal Tramway to |Barbara St, to | | | | |Lake |Lake between | | | | | |Howard and James| | |_____________________________________________________________________________| |_____________________________________________________________________________| |______________________| | | |West Wallsend |3 Laidley St, | | |WW-01 |L |Football Club |Johnson Park |Lot 1, DP 421411 | |_____________________________________________________________________________| |WW-02 |L |West Wallsend (No |off Wilson St |Pt Lot 106, DP | |_____________________________________________________________________________| |WW-05 |L |Cottage |12 Carrington St|Lot 6, Section Z,| |_____________________________________________________________________________| |WW-06 |L |Cottage |15 Carrington St|Lot 15, Section | |_____________________________________________________________________________| |WW-08 |L |House “Earsdon |20 Carrington St|Lot A, DP 370073 | |_____________________________________________________________________________| |WW-10 |L |Former Shop and |47 Carrington St|Lot 16, Section | |_____________________________________________________________________________| |WW-11 |L |House |47 Carrington St|Lot 16, Section | |_____________________________________________________________________________| |WW-12 |L |Former Shop and |52 Carrington St|Lot 2, Section G,| |_____________________________________________________________________________| |WW-13 |L |Post Office and |54 Carrington St|Lot 1, Section G,| |_____________________________________________________________________________| | | | | |Lot 15, Section | | | | | |G, DP 2255, Lot | |WW-14 |L |Catholic Church and|5 Hyndes St |16, Section G, DP| | | |Convent | |2252, Lot 1, DP | | | | | |500232, Lot 2, DP| |_____________________________________________________________________________| |WW-15 |L |Soldiers’ |49 Carrington St|Lot 1, DP 301342 | |_____________________________________________________________________________| |_____________________________________________________________________________| |WW-18 |L |Clyde Inn Hotel |57 Carrington St|Lot 12, Section | |_____________________________________________________________________________| |_____________________________________________________________________________| |WW-23 |L |Former School of |65 Carrington St|Lot 21, DP 875161| |_____________________________________________________________________________| | | | | |Lot 7, Section E,| | | | |76a Carrington |DP 2252 | |WW-26 |L |West Wallsend Co-Op|St |Lot 8, Section E,| | | | |6 Withers St |DP 2252 | | | | |8 Withers St |Lot 9, Section E,| |_____________________________________________________________________________| | | | | |Lot 5, Section J,| | | | | |DP 2252, Lot 6, | | | | | |Section J, DP | | | | | |2252, Lot 7, | | | | | |Section J, DP | | | | | |2252, Lot 8, | | | | | |Section J, DP | | | | | |2252, Lot 9, | | | | | |Section J, DP | |WW-31 |L |West Wallsend |49a Wallace St |2252, Lot 10, | | | |Public School | |Section J, DP | | | | | |2252, Lot 11, | | | | | |Section J, DP | | | | | |2252, Lot 12, | | | | | |Section J, DP | | | | | |2252, Lot 1, DP | | | | | |415746, Lot 1, DP| | | | | |103681, Lot 1, DP| | | | | |203314, Lot 1, DP| |_____________________________________________________________________________| |WW-32 |L |Miners’ Memorial |49a Wallace St |Lot 8, Section J,| |_____________________________________________________________________________| |WW-33 |L |Presbyterian Church|48a Wallace St |Lot 1, Section O,| |_____________________________________________________________________________| |WW-35 |L |Baptist Church |49 Wallace St |Lot 15, Section | |_____________________________________________________________________________| | | |Former | | | |WW-38 |L |Northumberland |1 Hyndes St |Lot 11, DP 565278| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| | | | | |Lot 1, DP 231108,| | | | | |Lot 2, DP 231108,| | | |Mt Sugarloaf and | |Lot 21, DP | |WW-46 |L |the Sugarloaf Range|Mt Sugarloaf Rd |223395, Lot 1, DP| | | | | |207238, Lot 1, DP| | | | | |338999, Lot 121, | |_____________________________________________________________________________| |WW-47 |L |Mt Sugarloaf No 1 |Mt Sugarloaf Rd |Lot 7, DP 813135 | |_____________________________________________________________________________| |WW-50 |L |West Wallsend |Cemetery Rd |Lots 980 and 981,| |_____________________________________________________________________________| | | |West Wallsend Valve| | | |WW-52 |L |House and |30a George Booth|Lot 1, DP 923587 | | | |Underground |Dr, Estelville | | |_____________________________________________________________________________| |WW-58 |L |Anglican Church |11 Wallsend Rd |Lot 81, DP | |_____________________________________________________________________________| |______________________| | | |Whitebridge | |Lots 1697, 1698 | |WH-01 |L |Cemetery |132a Dudley Rd |and 1731, DP | |_____________________________________________________________________________| |_____________________________________________________________________________| |WH-08 |L |Railway Cutting and|Old Dudley Rd | | |_____________________________________________________________________________| |WH-09 |L |Captain Bulls |76 Bulls Garden |Lot 10, DP 220823| |_____________________________________________________________________________| |______________________| | | | |Extending north,| | | | | |from the Wyee | | |WY-02 |L |Wyee Channel |Dam, passing | | | | | |under | | |_____________________________________________________________________________| Part 2 - Potential archaeological sites other than of indigenous origins _____________________________________________________________________________ |Item No|Significance|Item |Address |Property | |_____________________________________________________________________________| |1 | |Wharf |Middle Camp Beach,| | |_____________________________________________________________________________| |2 | |Wallarah East Pit |Flowers Dr, | | |_____________________________________________________________________________| |3 | |Newstan Colliery |Fassifern Rd, | | |_____________________________________________________________________________| |4 | |Lambton Colliery |Crown Land Redhead|Lot 2050, DP | |_____________________________________________________________________________| |_____________________________________________________________________________| |6 | |North Burwood |Burwood Rd, | | |_____________________________________________________________________________| |7 |L |Former mine site |180 Ross St, Green|Lot 2, DP 845516 | |_____________________________________________________________________________| |AW-08 |L |Railway Station |34 Brisbane St, | | |_____________________________________________________________________________| | | | | |Lots 2–8, DP | | | | | |1038830 | | | | | |Lots 1–5, 7–9,| | | | | |12–14 and | | | | | |16–18, DP 270530| | | | |John Fisher Rd, |Lots 201–223, | |BN-01 |L |Former John |Siloam Dr, John |225 and 226, DP | | | |Darling Colliery |Fallins Cl, John |1136649 | | | | |Darling Ave |Lots 1 and 2, DP | | | | | |1153652 | | | | | |Lots 301–330, DP| | | | | |1148102 | | | | | |Lots 501–505, DP| |_____________________________________________________________________________| LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - SCHEDULE 5 SCHEDULE 5 – Natural heritage items (Dictionary) Part 1 - Items relating to fossils _____________________________________________________________________________ |Item No|Significance |Item |Address |Property | |_____________________________________________________________________________| |_______________________| |BK-01 |L |Fossil Tree |Venetia Ave |Lot 6, DP 12604 | |_____________________________________________________________________________| |BK-04 |L |Fossil Tree |40 Aldon Cr |Reserve 38237 | |_____________________________________________________________________________| |_______________________| | | |Numerous fossil | | | | | |tree stumps | |Adjacent to | |NI |L |preserved in |Off Lambton Pde|Reserve 88033 and | | | |situ—remains of | |DP 39981 | |_____________________________________________________________________________| |_______________________| | | | | |Lot 180, DP 755233| | | | | |and area from | | | | | |Belmont to Warners| | | | | |Bay depicted on | | | |Nature Reserve and| |Map prepared by | |TH-01 |S |being permian |Burton Rd |OLEM Knight, | | |L |fossil insect | |titled Permian | | | |horizon | |Fossil Horizon | | | | | |Belmont—Warners | | | | | |Bay 1949 (Records | | | | | |of the Australian | |_____________________________________________________________________________| Part 2 - Landmark of Aboriginal and European heritage significance supporting tree groups and individual trees _______________________________________________________________ |_______________________________________________________________| |_______________________________________________________________| LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - SCHEDULE 6 SCHEDULE 6 – Places or potential places of Aboriginal heritage significance (Clause 50 and Dictionary) Part 1 - Places of Aboriginal heritage significance _____________________________________________________________________________ |_____________________________________________________________________________| | | |All sites identified in| | | | | |the last edition of the| | | | | |National Parks and | |All property identified | | |Various |Wildlife Service’s | |as an Aboriginal site in| | | |Aboriginal Sites | |that Register | | | |Register available at | | | | | |the office of the | | | |_____________________________________________________________________________| Part 2 - Potential places of Aboriginal heritage significance _____________________________________________________________________________ |_____________________________________________________________________________| | | |All sites, localities | |All properties | | | |and landscapes | |identified as an | | | |identified in the Lake | |Aboriginal site, | | |Various |Macquarie Aboriginal | |locality or landscape as| | | |Heritage Study Report | |held in the records of | | | |available at the office| |Lake Macquarie City | |_____________________________________________________________________________| LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - SCHEDULE 7 SCHEDULE 7 – Additional development allowed on certain land (Clause 39) _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| |2 |Land at Wyee Point being Lot 48, |Development for the purpose of | |_____________________________________________________________________________| |3 |Land at Redhead, part of Lot 6001,|Long term residential occupation | |_____________________________________________________________________________| | | |Development providing permanent | | | |residential accommodation and | | | |other buildings, works and land | | |Land at Wyee Point, incorporating |uses predominantly providing a | | |the parcels created by Strata |tourist destination as an | | |Plans Nos SP 33591, SP 34019, SP |integrated community containing | |4 |51315, SP 52847, SP 53446, SP |tourist facilities and which may | | |58403, SP 63806, SP 63807, SP |contain a range of accommodation | | |64978, SP 65565, 77 Rutleys Road, |types (including dwellings) and a | | |Wyee Point. |combination of land uses including| | | |retailing, recreational and | | | |community activities appropriate | |_____________________________________________________________________________| | | |Development predominantly | | | |providing a tourist destination as| | |Land in the vicinity of |an integrated community containing| | |Rafferty’s Road Cam’s Wharf, |tourist facilities and which may | |5 |shown in Deposited Plan Nos DP |contain a range of accommodation | | |270043, DP 285138, DP 285268, DP |types (including dwellings) and a | | |285325, DP 285410, DP 285518, DP |combination of land uses including| | |285546, DP 285579, DP 285636. |retailing, recreational and | | | |community activities appropriate | |_____________________________________________________________________________| | |Land at Cams Wharf, being Lot 1 DP|Erection of one dwelling house on | |6 |926581 and subdivided as Lots 321,|each of the 4 lots within DP | |_____________________________________________________________________________| | | |Development that results in | | | |cluster housing or tourist | | | |facilities (or both) on a site | | | |area consisting of land described | | |So much of the land in the |in Column 1, but only if:(a) the | | |vicinity of Minmi Road, Cameron |ratio of the part (if any) of the | | |Park Drive and George Booth Drive,|site area occupied by tourist | | |Edgeworth, in Lots 3 and 4, DP |facilities to the whole of the | |7 |1134639 and Lot 5100, DP 1153452 |site area does not exceed 0.5:1, | | |as is within Zone 7 (2) and is not|and(b) not more than 2.5% of the | | |the subject of acquisition by the |site area is physically disturbed | | |Council. |by the carrying out of development| | | |for the purpose of dwelling | | | |houses, and(c) the density of the | | | |dwelling houses (if any) must not | | | |exceed one dwelling house for | |_____________________________________________________________________________| | | |If land is subdivided after any | | | |such development has been carried | | | |out on it, or if consent is | | | |granted for the carrying out of | | | |any such development on land at | | | |the same time as consent is given | | | |for subdivision of the land, the | | | |subdivision may be carried out | | | |only under the Strata Schemes | | | |(Freehold Development) Act 1973, | | | |the Strata Schemes (Leasehold | | | |Development) Act 1986 or the | | | |Community Land Development Act | |_____________________________________________________________________________| | | |Any development that is allowed on| | | |land in the adjoining zone may be | | | |carried out, but only if the | | | |consent authority, before granting| | | |consent for any such development, | | | |has had regard to the guidelines | | | |and parameters adopted in the | | | |establishment of the relevant zone| | | |boundary (as evidenced by any | | | |environmental study, assessment or| | | |report prepared in relation to the| | | |creation of that zone boundary) | | | |and is satisfied:(a) that the land| | | |is suitable having regard to all | | | |likely environmental impacts, | | | |including slope, access, drainage,| | | |bushfire hazard, conservation | | | |value, geotechnical instability, | | | |erosion hazard, visual | | | |significance, and(b) that the | | | |development will not reduce the | | | |area of open space required to | | | |meet the needs of any population | | | |increase as a result of the | | | |development, and(c) that the | | | |development will not reduce the | | | |conservation value of the locality| | | |required for the protection of | | | |flora and fauna species, having | | | |regard to all matters, including | | | |perimeter effects and the impact | | | |of the development on the total | | | |area of land identified as | |_____________________________________________________________________________| |_____________________________________________________________________________| | |Land at Mirrabooka, being Lot 17, |Subdivision into not more than 2 | |9 |DP 28068, Hillcrest Road, |lots and the erection of a | | |Mirrabooka. |dwelling house on each lot so | |_____________________________________________________________________________| | |Land at Mirrabooka being Lots 18 |Subdivision of each lot into not | |10 |and 20, DP 28068, Hillcrest Road, |more than 2 lots and the erection | | |Mirrabooka. |of a dwelling house on each vacant| |_____________________________________________________________________________| |11 |Land at Morisset, Lot 9, DP |Development for the purpose of a | |_____________________________________________________________________________| | |Land at Cam’s Wharf, being a | | | |resubdivision of Lot 2, DP 517892,|The erection of a dwelling house | |12 |subdivided as Lots 1, 2 and 3, DP |on each lot within DP 1022805. | | |1022805, Cam’s Wharf Road, | | |_____________________________________________________________________________| | | |Development for the purpose of a | | | |retail market, being operated on | |13 |Land at Morisset, Lot 401, DP |Saturday and Sunday between the | | |1001919. |hours 7:30am to 6:00pm, with a | | | |gross floor area no greater than | |_____________________________________________________________________________| | | |Subdivision into not more than 3 | | | |lots, but only if each of the | | | |existing dwellings is located on a| | |Land at Fairfax Road, Warners Bay,|separate lot and the remaining lot| |14 |being so much of Lot 22, DP |is of such a size and | | |1015155 as is within Zone 7 (2). |configuration, and in such a | | | |location, as to satisfy drainage | | | |requirements and is reserved for | |_____________________________________________________________________________| | | |Development for the purpose of | | | |dwellings, residential flat | | | |buildings, shops or commercial | | | |premises, but only if:(a) such | | | |dwellings, residential flat | | | |buildings, shops or commercial | | | |premises are constructed as part | | | |of a tourist resort, and(b) the | | | |total number of tourist and | | | |residential accommodation units | | | |within the tourist resort will not| | | |exceed 150, and(c) no more than | | | |half of such units are for | | | |permanent residential | | | |accommodation, and(d) any shops | | | |and commercial premises within the| | | |resort do not exceed a total floor| | | |area of 550m 2 and are of a nature| | | |and scale that reflect the needs | | | |of the tourist resort and local | | | |community, and(e) a transition of | | | |building heights is provided | | | |between the Lake and street | | | |blocks, and(f) a high quality | | | |urban form is achieved for all | | | |buildings, while maintaining | | | |satisfactory views from the | | | |adjoining land within Zone 2 (1) | | | |through to the Lake, and(g) view | | | |sharing is provided along the | | | |edges of the Lake, and(h) the | | | |height of a building on any land | | | |will not exceed the maximum height| | | |shown for the land on the map | | | |marked “ Lake Macquarie Local | | |Land at Trinity Point, Morisset |Environmental Plan 2004 (Amendment| | |Park as shown edged heavy black on|No 40) Height of Buildings ” | | |the map marked “ Lake Macquarie |deposited in the office of the | |15 |Local Environmental Plan 2004 |Council of the City of Lake | | |(Amendment No 40) Site |Macquarie, and(i) the consent | | |Identification Map ” deposited |authority is satisfied that the | | |in the office of the Council of |proposed development achieves the | | |the City of Lake Macquarie. |following:(i) appropriate height | | | |to plan width proportions that are| | | |compatible with the massing, | | | |street frontage and building forms| | | |within the locality,(ii) building | | | |heights that complement the height| | | |of buildings on adjacent land, | | | |(iii) active street frontages, and| | | |(j) the consent authority is | | | |satisfied, having regard to the | | | |nature of the tourist resort and | | | |its relationship to surrounding | | | |land uses, that the granting of | | | |consent for any such development | | | |will not result in:(i) the | | | |dominant use of the land on which | | | |the development is carried out | | | |being for any purpose other than a| | | |tourist resort, or(ii) the uneven | | | |distribution, or clustering, of | | | |tourist and residential | | | |accommodation throughout the | | | |tourist resort, and(k) the consent| | | |authority is satisfied that the | | | |development will include an | | | |Aboriginal education centre to | | | |provide visitors and residents | | | |with information about Aboriginal | | | |cultural and heritage values and | | | |that the Aboriginal midden located| | | |on the southern foreshore of the | | | |Lake is given appropriate | | | |protection, and(l) any building | | | |has a minimum setback of 6m from | | | |the boundary of Lot 32, DP | |_____________________________________________________________________________| | | |Development for the purpose of bed| | |Land at Wangi Wangi, being part of|and breakfast accommodation, bulky| | |Lot 101, DP 880089, known as Wangi|goods premises, home occupations, | | |power station, as shown lettered |recreation facilities (indoor), | | |“B4” and edged heavy black on |research stations, residential | |16 |Sheet 1 of the map marked “ Lake|accommodation, self-storage units,| | |Macquarie Local Environmental Plan|service stations, sewerage | | |2004 (Amendment No 33) ” |systems, storage premises, | | |deposited in the office of the |swimming pools, water recreation | | |Council. |structures and water recycling | |_____________________________________________________________________________| | |Land at the former Pasminco Cockle| | | |Creek Smelter site off Main Road, | | | |Boolaroo, being Part Lot 201, DP |Subdivision into lots, each with | | |805914 and Lot 21, DP 251322, as |an area of not less than 450 | |17 |shown edged heavy black and |square metres, and the erection of| | |lettered “2 (2)” on the map |a dwelling house on each lot so | | |marked “ Lake Macquarie Local |created. | | |Environmental Plan 2004 (Amendment| | |_____________________________________________________________________________| | | |Subdivision of land for purposes | |18 |Land at Glendale, being Lot 305, |associated with the construction | | |DP 1107690, Frederick Street. |of the Glendale Wallsend Shared | |_____________________________________________________________________________| | | Note: Words and | | | expressions used in | | | relation to development | | | on land in Zone B4 have | | | the same meaning as they | | | have in the standard | | | instrument prescribed by | | | the Standard Instrument | | | (Local Environmental | |__________________________________________| LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - SCHEDULE 8 SCHEDULE 8 – Land subject to special development requirements (Clause 42 (1)) _____________________________________________________________________________ |_____________________________________________________________________________| | | |A development control plan must | | |Land at Buttaba, being Lots |have been approved by the Council | | |529–534, 536–551, 554–557, |before consent is granted for any | | |571–607, 660–675 and |development. This development | | |677–701, part of Pt Lot 703, |control plan must include | | |Lots 714–723 and 757–759, DP |recommendations about flora and | | |12507, Lot 7022, DP 584905, Lot 1,|fauna conservation, soil erosion | |1 |DP 727939, Lot 1, DP 1039389, part|and sedimentation control, | | |of Lot 101, DP 1125604 and part of|drainage and water management, | | |Lot 102, DP 1128515, as shown |bushfire risk management, | | |edged heavy black on Sheet 11 of |conservation of Aboriginal | | |the map marked “ Lake Macquarie |archaeology, urban design, | | |Local Environmental Plan 2004 |subdivision pattern and | | |(Amendment No 52) ”. |development staging, and | | | |appropriate construction types and| |_____________________________________________________________________________| | | |A master plan must have been | | | |adopted by the Council before | | | |consent is granted for any | | | |development. This master plan must| | | |include recommendations about the | | | |following:(a) measures to assess, | | | |support, manage and conserve | | | |places and items of cultural | | | |heritage,(b) measures to deliver a| | | |diversity of social and economic | | | |opportunities including | | | |employment,(c) a strategy for the | | | |staged delivery of social | | | |infrastructure and services,(d) | | | |measures that will achieve a | | | |balance between ecological, | | | |visual, scenic, cultural and | | | |heritage values and site sensitive| | | |development,(e) the application of| | | |ESD principles,(f) principles and | | | |a detailed strategy for the | | | |management of natural features, | | | |foreshore processes and hazards, | | | |(g) measures to achieve | | | |development that is complementary | | | |to and reflects the character of | | | |surrounding urban developments,(h)| | | |the location and design of | | | |development in a manner that | | | |complements the on-site and | | |Land at Morisset Park, being Lot |surrounding natural environment, | |2 |1, DP 1107753, Lots 31, 32 and 34,|including recommendations for the | | |DP 1117408, Lot 410, DP 1139690 |retention of vegetation,(i) the | | |and Lot 5, DP 1143366. |precise location of development | | | |within different parts of the site| | | |to allow detailed site planning to| | | |achieve the most appropriate | | | |configuration of buildings, roads | | | |and other works to minimise | | | |potential environmental and visual| | | |impacts,(j) providing for a | | | |diversity of built form that | | | |considers building height, form, | | | |massing, materials, colour and | | | |reflectivity, among others, in the| | | |design process with the intent of | | | |minimising impacts with | | | |surrounding developments and the | | | |lakeshore environment,(k) meeting | | | |the objectives of the NSW Coastal | | | |Policy in planning and design | | | |across the site,(l) retaining the | | | |natural form of the foreshore of | | | |Lake Macquarie and providing for | | | |public access links to the | | | |adjoining Lake Macquarie State | | | |Recreation Area,(m) an urban form | | | |and structure that encourages | | | |walking, cycling and public | | | |transport use,(n) the location and| | | |design of roads and pedestrian/ | | | |cycleway systems to maximise the | | | |opportunity for public access to | |_____________________________________________________________________________| | | |For all land described opposite, | | | |the master plan referred to in | | | |item 2 above must include | | | |recommendations about the | | | |following additional matters:(a) | | | |location and design of development| | | |in a manner that allows site | | | |sensitive residential development | | | |that responds to existing | | | |vegetation values, ecological | | | |values and visual aspects of this | | | |part of the site,(b) location and | | | |design of developments in a manner| | | |that complements the on-site and | | | |surrounding natural environment, | | | |including retention of existing | | |Land at Morisset Park in Zone 2 |vegetation,(c) measures to locate | | |(1), being Lot 1, DP 1107753, Lots|and design development within this| |3 |31, 32 and 34, DP 1117408, Lot |part of the site to conserve and | | |410, DP 1139690 and Lot 5, DP |enhance the visual, ecological and| | |1143366. |environmental values of the site, | | | |including recommendations for the | | | |retention of vegetation,(d) | | | |measures to provide for a | | | |diversity of built form that | | | |considers building height, form, | | | |massing, variable roof forms, | | | |materials, colour and | | | |reflectivity, among others, in the| | | |design and process and complements| | | |surrounding developments and the | | | |lakeshore environment,(e) measures| | | |to site, consolidate and/or | | | |cluster buildings to create built | | | |forms that maintain existing | | | |vegetation cover and minimise | | | |potential environmental and visual| |_____________________________________________________________________________| | | |A development control plan | | | |applying only to the land must | | | |have been adopted by the Council | | | |before consent is granted for any | | |Land at Macquarie Hills, fronting |development. This development | |4 |Lawson Road, being Lots 101–131,|control plan must address, to the | | |DP 1081010, Lots 11–12, DP |satisfaction of the Council, | | |1053624 and Lot 23, DP 1077488. |habitat corridors, slope | | | |stability, drainage, water quality| | | |management, visual impact and | | | |access to the proposed | |_____________________________________________________________________________| | | |A development control plan for the| | | |land must have been adopted by the| | |Land at Bonnells Bay, fronting |Council before consent is granted | | |Fishery Point Road and Station |for any development. The | |5 |Street, being Lot 43, DP 876821, |development control plan must | | |Lot 1, DP 1086630 and Lot 7068, DP|address, to the satisfaction of | | |1021263. |the Council, flora and fauna | | | |conservation, water quality | | | |management, visual impact and site| |_____________________________________________________________________________| | | |Provisions in a development | | | |control plan specifically applying| | | |to the land, addressing the | | | |following matters, must have been | | | |adopted by the Council before | | | |consent is granted to the carrying| | | |out of any development on the | | | |land:(a) arrangements for water, | | | |wastewater and stormwater that | | | |minimize the impact of development| | | |on that part of the land in Zone 7| | | |(1) Conservation (Primary) Zone, | | | |(b) measures to preserve native | | |Land at Morisset, fronting |vegetation on that part of the | | |Mandalong Road and Gimberts Road, |land in Zone 7 (1) Conservation | | |being Lots 1, 2, 3, 4, 7, 9 and |(Primary Zone),(c) bush fire risk | | |11, DP 262159; Lots 11 and 12, DP |management measures,(d) | | |777034; Lots 1, 2, 3 and 5, DP |arrangements for site access, | |5A |10720; Lots 35, 36 and 37, DP |having regard to general traffic, | | |9632, and Lot 2, DP 529914, as |potential bus routes, heavy | | |shown edged heavy black on the map|vehicles, cyclists and | | |marked “ Lake Macquarie Local |pedestrians,(e) measures to | | |Environmental Plan 2004 (Amendment|facilitate a native fauna crossing| | |No 29) ”. |point in the section of Gimberts | | | |Road adjacent to Lot 4, DP 262159,| | | |(f) an assessment of the likely | | | |visual impact of future industrial| | | |development on the F3 Freeway and | | | |measures to mitigate any adverse | | | |impact,(g) a landscape master plan| | | |for that part of the land in Zone | | | |4 (2) Industrial (General) Zone or| | | |Zone 4 (3) Industrial (Urban | | | |Services) Zone,(h) a street | | | |representation of proposed | | | |development fronting Mandalong | |_____________________________________________________________________________| | | |A development control plan for the| | | |land must have been prepared | | | |before consent is granted for any | | | |development. The development | | | |control plan must include a | | | |structure plan for the site and | | | |provisions in respect of, but not | | | |limited to:(a) desired future | | | |character, and(b) preferred lot | | | |and dwelling types, and(c) | | | |subdivision and street design to | | | |reflect identified vistas, | | |Land at Dora Creek, being Lot 3, |vegetated corridors and street | | |DP 228684, Lot 5001, DP 585398, |tree planting, and(d) restoration | | |Lots 1–24, DP 9149 and Lot 1, DP|and reuse of the existing | |6 |134235, as shown edged heavy black|homestead, and(e) pedestrian and | | |on Sheet 1 of the map marked “ |cycleway links within the site and| | |Lake Macquarie Local Environmental|links to Dora Creek rail station | | |Plan 2004 (Amendment No 36) ” |and town centre, and(f) protection| | | |of environmentally sensitive areas| | | |and adjacent SEPP 14 wetland, and | | | |(g) location of suitable open | | | |space, and(h) traffic network, and| | | |(i) built form controls (setbacks,| | | |fencing elements, building | | | |facades, articulation of corner | | | |dwellings etc), and(j) water | | | |sensitive urban design measures, | | | |and(k) preparation of Mosquito | | | |Management Plan, and(l) | | | |preparation of a Travel Demand | |_____________________________________________________________________________| | | |Provisions in a development | | | |control plan specifically applying| | | |to the land must have been | | | |prepared by the Council before | | | |consent is granted to the carrying| | | |out of any development on the | | | |land. The provisions are to | | |Land at Morisset, being:(a) land |include, but are not limited to, | | |in the vicinity of Gimberts Road, |the following matters:(a) | | |Freemans Drive, Stockton and Eyre |conceptual street layout, | | |Streets, Goodwins Road and |including pedestrian and cycle | | |Coorumbung, Awaba, Wellings, |paths,(b) location and staging of | | |Kahibah and Wyong Streets and a |stormwater management facilities, | | |certain unnamed road, as shown |including detention basins, to | | |edged heavy black and lettered |minimise impact on land in Zone 7 | | |“1 (2)”, “2 (1)”, “2 |(1) Conservation (Primary) Zone, | |7 |(2)”, “3 (1)”, “6 (2)” |(c) location and staging of water | | |or “7 (1)” on Sheet 1 of the |and wastewater infrastructure, | | |map marked “ Lake Macquarie |including mains and pump stations,| | |Local Environmental Plan 2004 |to minimise impact on land in Zone| | |(Amendment No 41) ”, and(b) land|7 (1) Conservation (Primary) Zone,| | |in the vicinity of Terrigal, Awaba|(d) preservation and management of| | |and Wamberal Streets, Ettalong |native vegetation on that part of | | |Road and a certain unnamed road, |the land in Zone 7 (1) | | |as shown edged heavy black and |Conservation (Primary) Zone,(e) | | |lettered “2 (1)” on Sheet 2 of|bushfire risk management,(f) | | |that map. |detailed design parameters for | | | |road construction in a section of | | | |Awaba Street adjacent to Lot 75, | | | |DP 755242, to facilitate a native | | | |fauna crossing point,(g) a | | | |landscape master plan for | | | |residential areas,(h) overall | |_____________________________________________________________________________| | | |Provisions in a development | | | |control plan specifically applying| | | |to the land, including the | | | |following matters, must have been | | |Land off Highland Avenue and |adopted by the Council before | | |Freemans Drive, Cooranbong, being |consent is granted to the carrying| | |part Lot 3, DP 622775, part Lot |out of any development on the | | |12, DP 1019060, Lot 13, DP |land:(a) conceptual street layout,| | |1019060, Lots 5 and 6, DP 21052, |including a single access off | |8 |part Lot 1, DP 119564, part Lot 9,|Freemans Drive, Cooranbong and | | |DP 391391 and part Lot 17, DP |access off Highland Avenue, | | |654841, as shown edged heavy black|Cooranbong,(b) cycleway and | | |on Sheet 1 of the map marked “ |pedestrian linkages,(c) management| | |Lake Macquarie Local Environmental|of native vegetation in the land | | |Plan 2004 (Amendment No 42) ”. |in Zone 7 (3) Environmental | | | |(General) Zone and riparian | | | |buffers,(d) water quality | | | |management,(e) bushfire risk | |_____________________________________________________________________________| | | |A development control plan for the| | | |land, providing for the following | | | |matters, must have been adopted by| | | |the Council before consent is | | | |granted for any development:(a) | | | |mixed use development and a land | | | |use mix that takes account of | | | |Wangi Wangi local centre,(b) | | | |flora, fauna and vegetation | | | |corridors,(c) visual impacts, view| | | |corridors and design principles | | | |for development,(d) identification| | | |of any recreation, community and | | | |social facilities on the land,(e) | | |Land at Wangi Wangi, being Lot |conservation and interpretation of| | |101, DP 880089, known as Wangi |the heritage significance of the | | |power station, as shown edged |land in accordance with Part 6 and| | |heavy black on Sheets 1 and 2 of |any conservation management plan | |9 |the map marked “ Lake Macquarie |prepared by the Council,(f) | | |Local Environmental Plan 2004 |measures to reduce any potential | | |(Amendment No 33) ” deposited in|conflicts with adjoining land | | |the office of the Council. |uses, including Myuna colliery,(g)| | | |traffic, pedestrian and cycle | | | |networks,(h) staging and | | | |sequencing of the development of | | | |the land within Zone 2 (2),(i) | | | |identification of landscape areas | | | |for revegetation,(j) sustainable | | | |stormwater management, including | | | |water re-use,(k) waste management | | | |and demolition,(l) measures to | | | |ensure that any noise abatement | | | |measures will not conflict with | | | |other building design | | | |requirements, including solar | | | |access, ventilation and Mine | |_____________________________________________________________________________| | | |A development control plan must | | | |have been approved by the Council | | | |before consent is granted to the | | | |carrying out of any development on| | | |the land. | | | |The development control plan must | | | |address, to the satisfaction of | | |Land at the former Pasminco Cockle|the Council, the following | | |Creek Smelter site and the former |matters:(a) site access and | | |Incitec Pivot Fertilizer site at |mobility,(b) connectivity (for | | |Boolaroo, being:(a) Part Lot 201, |vehicles, pedestrians and | | |DP 805914 and Lot 21, DP 251322, |cyclists) with adjoining areas,(c)| | |as shown edged heavy black and |urban design outcomes,(d) maximum | | |lettered “2 (2)” and “3 |floor space ratios for commercial | | |(2)” on the map marked “ Lake |areas,(e) noise attenuation,(f) | |10 |Macquarie Local Environmental Plan|heritage conservation and | | |2004 (Amendment No 21) ”, and(b)|interpretation,(g) management of | | |Part Lot 1, DP 523781, Lot 1 and |open space,(h) landscaping,(i) the| | |Part Lot 2, DP 1127713 and Part |public domain,(j) stormwater | | |Lot 1, DP 225720, lettered “2 |management,(k) the visual impact | | |(1)”, “2 (2)”, “B4” and |of the proposed | | |“7 (2)” on the map marked “ |development.Despite any other | | |Lake Macquarie Local Environmental|provision of this Plan, the | | |Plan 2004 (Amendment No 57) ”. |requirement for a development | | | |control plan specified in this | | | |item does not apply in relation to| | | |the determination of a development| | | |application that was made, but not| | | |finally determined, before the | | | |commencement of Lake Macquarie | | | |Local Environmental Plan 2004 | |_____________________________________________________________________________| LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - SCHEDULE 9 SCHEDULE 9 – Consent to development subject to special requirements (Clauses 42 (2)) _____________________________________________________________________________ |_____________________________________________________________________________| | | |Provision for future vehicle and | | |Land at Warners Bay, being Lot 1, |pedestrian access through | |1 |DP 204920, Myles Avenue, Warners |Hillsborough Road, Warners Bay in | | |Bay. |a manner that is satisfactory to | |_____________________________________________________________________________| | |Land at Cameron Park, being Lots |All stormwater must be detained | | |105–109 and 112–113 and 118, |and treated within the site | | |DP 1016351, Lots 202–206 and |boundaries. | | |210–216, DP 1070348, Lots |There must be no direct vehicular | | |1151–1152, DP 1070457, Lot 789, |access to or egress from the site | | |DP 1071617, Lots 301–304, |from or to the F3 Freeway, George | | |308–312, 317–320, 326–329 |Booth Drive or the Newcastle Link | | |and 336, DP 1089554, Lot 100, DP |Road. | |2 |1102166, Lot 1, DP 1113107, SP |There must be no direct vehicular | | |79436, Lots 103–104, DP 1049681,|or pedestrian access to Cameron | | |SP 79911, Lot 3, DP 1128456, Lot |Park Drive from lots fronting | | |3300, DP 1134814, Lots 2000 and |Cameron Park Drive. | | |2001, DP 1144842 and Lot 3000, DP |A vegetation buffer is to be | | |1141675, Stenhouse Drive, Kalinya |established along the adjoining F3| | |Close, Farragher Way, Billbrooke |Freeway, the Newcastle Link Road | | |Close, Cameron Park Drive, Cameron|and Cameron Park Drive to the | |_____________________________________________________________________________| | | |Any proposed residential | | | |development:(a) will not, or is | | | |unlikely to, be adversely affected| | | |by noise, visual or odour impacts | | | |from the adjoining mining and | | | |petroleum production operation, | | | |and(b) incorporates all practical | | | |mitigation measures for the | | |Land at Wangi Wangi, being Lot |management of noise, visual and | | |101, DP 880089, known as Wangi |odour impacts from the adjoining | | |power station, as shown edged |mining and petroleum production | |3 |heavy black on Sheets 1 and 2 of |operation.The gross floor area of | | |the map marked “ Lake Macquarie |all buildings that will be used | | |Local Environmental Plan 2004 |for retail development (that is, | | |(Amendment No 33) ” deposited in|retail premises, shops and shop | | |the office of the Council. |top housing) will not exceed 5,000| | | |square metres. | | | |The remaining gross floor area | | | |(that is, the floor area other | | | |than the area used for retail | | | |development) is to be used for a | | | |combination of other uses | | | |permitted on the land, other than | |_____________________________________________________________________________| | |Land at the former Pasminco Cockle| | | |Creek Smelter site and the former | | | |Incitec Pivot Fertilizer site at | | | |Boolaroo, being:(a) Part Lot 201, | | | |DP 805914 and Lot 21, DP 251322, |Provision for future vehicle | | |as shown edged heavy black and |access from Munibung Road, | | |lettered “2 (2)” and “3 |Cardiff, through to TC Frith | | |(2)” on the map marked “ Lake |Avenue, Boolaroo. | |4 |Macquarie Local Environmental Plan|There must be no significant land | | |2004 (Amendment No 21) ”, and(b)|use conflicts between the proposed| | |Part Lot 1, DP 523781, Lots 1 and |development and the ongoing | | |2, DP 1127713 and Part Lot 1, DP |remediation of the remainder of | | |225720, lettered “2 (1)”, “2|the site. | | |(2)”, “B4”, “4 (2)” and | | | |“7 (2)” on the map marked “ | | | |Lake Macquarie Local Environmental| | |_____________________________________________________________________________| | |Land at Cardiff, being Lot 11, |Provision for future vehicular | |5 |Section 12, DP 2472, 13 Henry |access to the site. | |_____________________________________________________________________________| | |Land at Ada Street, Cardiff, being|The existing on-site stormwater | | |Lots 1 and 2, DP 788892, as shown |detention volume plus any | | |edged heavy black and lettered |additional storage volume required| |6 |“2 (1)” and “2 (2)” on the|by the development must be | | |map marked “ Lake Macquarie |detained within the site | | |Local Environmental Plan 2004 |boundaries, unless an alternative | |_____________________________________________________________________________| LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - SCHEDULE 10 SCHEDULE 10 – Development by public authorities (Clause 10) 1 Rail transport The carrying out by persons carrying on railway undertakings on land comprised in their undertakings of: (a) any development required in connection with the movement of traffic by rail, including the construction, reconstruction, alteration, maintenance and repair of ways, works and plant, and (b) the erection within the limits of a railway station of buildings for any purpose, but excluding: (i) the construction of new railways, railway stations and bridges over roads, and (ii) the erection, reconstruction and alteration of buildings for purposes other than railway undertaking purposes outside the limits of a railway station and the reconstruction or alteration, so as materially to affect their design, of railway stations or bridges, and (iii) the formation or alteration of any means of access to a road, and (iv) the erection, reconstruction and alteration of buildings for purposes other than railway purposes where such buildings have direct access to a public place. 2 Water, sewerage, drainage, electricity and gas The carrying out by persons carrying on public utility undertakings, being water, sewerage, drainage, electricity or gas undertakings, of any of the following development, being development required for the purpose of their undertakings: (a) development of any description at or below the surface of the ground, (b) the installation of any plant inside a building or the installation or erection within the premises of a generating station or substation established before the appointed day of any plant or other structures or erections required in connection with the station or substation, (c) the installation or erection of any plant or other structures or erections by way of addition to, or replacement or extension of, plant or structures or erections already installed or erected, including the installation in an electrical transmission line of substations, feeder-pillars or transformer housing, but not including the erection of overhead lines for the supply of electricity or pipes above the surface of the ground for the supply of water, or the installation of substations, feeder-pillars or transformer housing of stone, concrete or brickworks, (d) the provision of overhead service lines in pursuance of any statutory power to provide a supply of electricity, (e) the erection of service reservoirs on land acquired or in the process of being acquired for the purpose before the appointed day, provided reasonable notice of the proposed erection is given to the Council, (f) routine maintenance and emergency works, (g) any other development, except: (i) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings, so as materially to affect their design or external appearance, or (ii) the formation or alteration of any means of access to a road. 3 River transport The carrying out by persons carrying on public utility undertakings, being water transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by water, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except: (a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect the design or external appearance thereof, or (b) the formation or alteration of any means of access to a road. 4 Air transport The carrying out by persons carrying on public utility undertakings, being air transport undertakings, on land comprised in their undertakings within the boundaries of any aerodrome, of any development required in connection with the movement of traffic by air, including the construction, reconstruction, alteration, maintenance and repair of ways, buildings, wharves, works and plant required for that purpose, except: (a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or (b) the formation or alteration of any means of access to a road. 5 Road transport The carrying out by persons carrying on public utility undertakings, being road transport undertakings, on land comprised in their undertakings, of any development required in connection with the movement of traffic by roads, including the construction, reconstruction, alteration, maintenance and repair of buildings, works and plant required for that purpose, except: (a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or (b) the formation or alteration of any means of access to a road. 6 Mines The carrying out by the owner or lessee of a mine (other than a mineral sands mine), on the mine, of any development required for the purpose of a mine, except: (a) the erection of buildings (not being plant or other structures or erections required for the mining, working, treatment or disposal of minerals) and the reconstruction, alteration or extension of buildings, so as materially to affect their design or external appearance, or (b) the formation of any means of access to a road. 7 Roads The carrying out of any development required in connection with the construction, reconstruction, improvement, maintenance or repair of any road, except the widening, realignment or relocation of such road. 8 Forestry The carrying out of any forestry work by the Forestry Commission, a School Forest Trust or Community Forest Authorities empowered under relevant Acts to undertake afforestation, roading, protection, cutting and marketing or timber, and other forestry purposes under such Acts or upon any Crown land temporarily reserved from sale as a timber reserve under the Forestry Act 1916. 9 Rural land protection The carrying out by a rural lands protection board of any development required for the improvement and maintenance of travelling stock and water reserves, except: (a) the erection of buildings and the reconstruction or alteration of buildings so as materially to affect their design or purpose, or (b) any development designed to change the use or purpose of any such reserve. 10 Water resources The carrying out or causing to be carried out by the Council when engaged in flood mitigation works or by the Department of Infrastructure, Planning and Natural Resources of any work for the purposes of soil conservation, irrigation, afforestation, reafforestation, flood mitigation, water conservation or river improvement in pursuance of the provisions of the Water Act 1912, the Farm Water Supplies Act 1946, the Rivers and Foreshores Improvement Act 1948 or the Water Management Act 2000, except: (a) the erection of buildings, the installation or erection of plant or other structures or erections and the reconstruction or alteration of buildings so as materially to affect their design or external appearance, or (b) the formation or alteration of any means of access to a road. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - SCHEDULE 11 SCHEDULE 11 – Restricted development (Clause 42A) _____________________________________________________________________________ |_____________________________________________________________________________| | |Land at Cardiff South, being part | | | |of Lot 63, DP 570307, 1A Water | | |1 |Street, as shown edged heavy black|Children’s playground associated| | |on Sheet 1 of the map marked “ |with the adjoining school. | | |Lake Macquarie Local Environmental| | |_____________________________________________________________________________| | | |Car parking (and any associated | | |Land at Macquarie Hills, being Lot|works, including retaining walls, | |2 |41, DP 1132840, 121 Macquarie Road|landscaping and fencing) | | | |associated with the adjoining | |_____________________________________________________________________________| LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - SCHEDULE 99 DICTIONARY (Clause 7 (1)) "Acid Sulfate Soil Manual" means the document with that title as last adopted by the Director-General. "acid sulfate soils" means actual or potential acid sulfate soils, as defined in the Acid Sulfate Soils Assessment Manual. "Acid Sulfate Soils Planning Maps" means the series of maps marked “ Lake Macquarie Local Environmental Plan 2004—Acid Sulfate Soils Planning Maps ” kept in the office of the Council. "advertising structure" means a structure or vessel that is principally designed for, or that is used for, the display of an advertisement. "agriculture" means: (a) the production of crops or fodder, or (b) the keeping or breeding of cattle, horses or birds, or (c) horticulture including fruit, vegetable and flower crop production, or (d) the grazing of livestock. "airline terminal" means a building or place used for the assembly of passengers and goods prior to the transport of those passengers and goods either to or from an airport or an aerodrome. "airport" means a place for the arrival and departure of aircraft by air and may include buildings associated with aircraft storage, maintenance and control. "animal establishment" means a place used for the boarding, breeding, keeping or training of animals for business purposes, and includes a riding school. "appointed day" means the day on which this plan commences. "aquaculture" means the commercial breeding, hatching, rearing or cultivation of marine, estuarine or fresh water organisms, including aquatic plants or animals such as fin-fish, crustaceans, molluscs or other aquatic invertebrates. "archaeological site" means a site of one or more relics. "area" has the same meaning as in the Local Government Act 1993. "Australian Height Datum (AHD)", in relation to heights, means the level of the control point approved by the Surveyor-General for measuring the heights for the purpose of establishing Australian Height Datum. "Average Recurrence Interval (ARI)" means the average period between the recurrence of a storm event of a given rainfall intensity. The ARI represents a statistical probability. For example, a 10-year ARI indicates an average of 10 events over a 100-year period. "backpackers’ accommodation" means tourist and visitor accommodation: (a) that has shared facilities, such as a communal bathroom, kitchen or laundry, and (b) that will generally provide accommodation on a bed basis (rather than by room). "battle-axe lot" means a lot located behind another, with vehicular access from the street via an access handle. "bed and breakfast accommodation" means tourist and visitor accommodation comprising a dwelling (and any ancillary buildings and parking) where the accommodation is provided by the permanent residents of the dwelling and: (a) meals are provided for guests only, and (b) cooking facilities for the preparation of meals are not provided within guests’ rooms, and (c) dormitory-style accommodation is not provided. "boarding house" means a building: (a) that is wholly or partly let in lodgings, and (b) that provides lodgers with a principle place of residence for 3 months or more, and (c) that generally has shared facilities, such as a common bathroom, kitchen or laundry, and (d) that has rooms that accommodate one or more lodgers, but does not include backpackers’ accommodation, a serviced apartment, seniors housing or hotel or motel accommodation. "bottle shop" means premises to which a packaged liquor licence applies under the Liquor Act 2007. "brothel" means a building or place regularly used for the purposes of prostitution. "building frontage" is the facade of the building that faces a street. "building products warehouse and showroom" means a building used predominantly for warehousing or distribution of building materials, supplies, plumbing supplies, air-conditioning systems, swimming pools and the like, with an ancillary component for the sale of such goods, materials or supplies by retail or auction. "bulk store" means a building or place used for the bulk storage of goods where the goods stored, or to be stored, are not required for use in a shop or commercial premises on the same parcel of land or on adjoining land in the same ownership. "bulky goods premises" means a building or place used for the sale by retail, wholesale or auction of (or for the display or hire of) goods or materials that are of such a size, shape or weight as to require: (a) a large area for handling, storage or display, or (b) direct vehicular access to the site of the building or place by members of the public, for the purpose of loading items into their vehicles after purchase, but does not include a building or place used for the sale of foodstuffs or clothing. "bus shelter" means a small-scale structure or place used to pick up or set down passengers travelling by bus. "bus station" means a building or place used as a terminal for the assembly and dispersal of passengers travelling by bus. "bushfire hazard reduction work" means the reduction or modification (by controlled burning or by mechanical, chemical or manual means) of material that constitutes a bushfire hazard. "bushfire prone land" has the same meaning as in the Act. "bushland regeneration" means: (a) the removal of environmental weeds, and the rehabilitation of a degraded native vegetation community or ecosystem, using methods that do not damage the native vegetation or disturb the natural soil surface or hydrology, and (b) the planting of native vegetation that is indigenous to the site to establish a healthy population of that vegetation. "car parking facility" means a building or place used for parking vehicles, whether operated for gain or not, and any manoeuvring space and access to that building or place, but does not include car parking ancillary to a permissible use. "car repair station" means a building or place used for the purpose of carrying out repairs and/or detailing including washing, to motor vehicles, caravans, boats or agricultural machinery and the like, not being: (a) body building, or (b) panel beating which involves dismantling, or (c) spray painting other than of a minor nature. "caravan park" means land (including a camping ground) on which caravans, cabins and other moveable dwellings are, or are to be, placed or erected. "cemetery" or "crematorium" means a building or place for the burying or cremation of deceased people or animals and may include a chapel, temple or other religious place for conducting funeral services. "child care centre" means a building or place, whether operated for gain or not, which is used for the purpose of educating, supervising or caring for children (whether or not any of the children are related to the owner or operator), where: (a) there are 6 or more children under 6 years of age who do not attend a government school or a registered non-government school within the meaning of the Education Act 1990, and (b) the building or place does not provide residential care for any of the children (other than those related to the owner or operator), and which may operate before and after school hours as an out of school hours care centre for children over 6 years of age. "clear" includes: (a) kill, destroy, poison, ringbark, uproot or burn a tree or native vegetation, or (b) cut down, fell, thin, log or remove a tree or native vegetation, or (c) underscrub a tree or native vegetation, or (d) sever or lop a branch, a limb, a stem or a trunk of a tree or native vegetation, or (e) damage a tree or native vegetation in any other way, or cause or permit any of the above. "club" means the premises to which a club licence relates under the Liquor Act 2007. "commercial mooring" has the same meaning as in the Lake Macquarie Mooring Management Plan prepared and adopted from time to time by the Maritime Authority of NSW. "commercial premises" means a building or place used as an office or for other business or commercial purposes but, in the Table in Part 3, does not include a building or place elsewhere specifically defined in this clause. "community facility" means a building or place owned or controlled by a public authority or non-profit community organisation, which provides for the physical, social, cultural or intellectual development, welfare or safety of the local community. "community land" has the same meaning as in the Local Government Act 1993. "complying development" is identified in clause 9. "conservation management plan" means a document prepared in accordance with the requirements of the NSW Heritage Office that establishes the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained. "corporation" has the same meaning as in the Act. "demolish" a heritage item, or a building, work, archaeological site, tree or place in a heritage conservation area, means wholly or partly destroy, dismantle or deface the item or the building, work, archaeological site, tree or place. "Department" has the same meaning as in the Act. "depot" means a building or place used for the storage (but not sale) and maintenance of plant, machinery, goods or materials used or intended to be used by the owner or occupier of the building or place but, in the Table in Part 3, does not include a building or place elsewhere defined in this Dictionary. "development" has the same meaning as in the Act. "DP high water mark" for any land is the mean high water mark shown on the current plan (within the meaning of the Conveyancing Act 1919) for the land. "drainage" means works carried out for the purpose of drainage which are not incidental or ancillary to development for which consent has been granted. "dual occupancy—attached" means two dwellings in a single building on a single allotment of land. "dual occupancy—detached" means two detached dwellings on a single allotment of land. "dwelling" means a room or a suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile. "dwelling house" means a building containing one but not more than one dwelling. "dwelling house—exhibition" means a dwelling house used for the purpose of displaying to potential customers, the dwelling house, its contents and its surrounds for a limited period. "earthworks" means a work involving the addition or removal of any solid matter on, to or from land, or any other work that will significantly alter: (a) the level of the land from the existing ground level, or (b) the character of the surface of that land, or (c) the drainage of the land. "eco-tourism facility" means a building or place used primarily for tourist accommodation or recreation, or both, and may include holiday cabins, camp or caravan sites, where the total number of beds does not exceed 20, that is in a natural or rural setting and may involve education and interpretation of the natural environment, and does not have a deleterious effect on the ecology of its location. "educational establishment" means a building used as a pre-school, school or tertiary institution within the meaning of a State or Commonwealth Act, whether or not accommodation for staff or students is provided, or a gallery or museum but, in the Table in Part 3, does not include a building or place elsewhere defined. "emergency services facility" means a building or place used for the provision of police, fire and ambulance services or the like, and may include training rooms and administration buildings, and buildings or places used to store, service or repair vehicles or equipment. "energy generation works" means a building or place used primarily for the purpose of making or generating forms of energy. "entertainment facility" means a building or place used for the purpose of sport, entertainment, exhibitions, displays or cultural events, and includes: (a) sports stadiums, conference facilities, function centres, showgrounds, racecourses and the like, and (b) theatres, cinemas, music halls, concert halls and the like. "environmental facility" means a structure or work that provides for: (a) nature study or display facilities, such as walking trails, board walks, observation decks, bird hides or the like, or (b) environmental management and restoration, such as bush restoration, wetland restoration, erosion and run off prevention works, dune restoration or the like, and may include ancillary kiosks or cafes. "ESD" —see principles of ecologically sustainable development. "exempt development" is identified in clause 8. "extractive industry" means: (a) the winning of extractive material, or (b) an undertaking, not being a mine, which depends for its operations on the winning of extractive material from the land on which it is carried on, and includes any washing, crushing, grinding, milling or separating into different sizes of that extractive material on that land. "extractive material" means sand, gravel, clay, turf, soil, rock, stone or similar substances. "farm stay accommodation" means tourist and visitor accommodation provided to paying guests on a working farm as a secondary business to primary production. "flood prone land" means land affected by the 1% Average Recurrence Interval (ARI). "foreshore area" means the land between the foreshore building line and the mean high water mark of the nearest natural waterbody. "foreshore building line" means a foreshore building line fixed under clause 7 of the Environmental Planning and Assessment Model Provisions 1980, as adopted by clause 22. "foreshore development" means a boatshed, jetty, slipway, boat ramp, in-ground swimming pool, inclinator, landscaping, barbeques or other similar structures. "forestry" includes arboriculture, silviculture, forest protection, the cutting, dressing and preparation, otherwise than in a sawmill, of wood and other forest products and the establishment of roads required for the removal of wood and forest products and for forest protection. "front building setback" means the minimum distance from a lot’s frontage to which the outermost projection of a structure may be built on the lot, as specified in Part 3 of Lake Macquarie Development Control Plan No 1—Principles of Development. "function centre" means a building or place used to hold conferences, wedding receptions and the like, and may include a restaurant. "general store" means a building or place for the retail sale of convenience goods that may include the facilities of a post office and/or for the sale of take-away food and that has a maximum gross floor area of 75 square metres but, in the Table in Part 3, does not include a building or place elsewhere defined. "gross floor area" means the sum of the areas of each floor of a building, where the area of each floor is taken to be the area within the outer face of the external enclosing walls (as measured at a height of 1,400 millimetres above each floor level) excluding: (a) columns, fin walls, sun control devices and any elements, projections or works outside the general lines of the outer face of the external wall, and (b) lift towers, cooling towers, machinery and plant rooms, ancillary storage space and vertical air conditioning ducts, and (c) car parking needed to meet any requirements of the Council and any internal access to such parking, and (d) space for the loading and unloading of goods. "group home" has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006. "hazardous industry" means an industry that, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality: (a) to human health, life or property, or (b) to the biophysical environment. "hazardous storage establishment" means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality: (a) to human health, life or property, or (b) to the biophysical environment. "height" in relation to a building or structure, means the distance measured vertically from the topmost element of the building or structure to the natural ground level immediately below that point. "helipad" means an area or place, whether or not open to public use, set apart for the taking off and landing of helicopters. "heliport" means an area or place open to public use that is licensed by the Commonwealth for the taking off and landing of helicopters and includes terminal buildings and facilities for the parking, servicing and repair of helicopters. "heritage conservation area" means an area of land that is shown edged by a heavy black broken line on the map, and includes buildings, works, archaeological sites, trees and places situated on or within the land. "heritage impact statement" means a document consisting of a statement demonstrating the heritage significance of a heritage item or heritage conservation area, or a building, work, archaeological site, tree or place within a heritage conservation area, and an assessment of the impact that proposed development will have on that significance and proposals for measures to minimise that impact. "heritage item" means a building, work, archaeological site, potential archaeological site or place: (a) the site and nature of which is described in Schedule 4, 5 or 6, and (b) that is more particularly specified in an inventory of heritage items available at the office of the Council, and in the case of an item described in Schedule 6 as a place or potential place of Aboriginal heritage significance, the item includes any component, fixture or fitting that is attached to it. "heritage significance" means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value. "high technology industry" means an enterprise which has as its primary function the manufacture, development, production, processing or assembly of, or research into, any of the following: (a) electronic and micro-electronic systems, goods and components, (b) information technology, computer software and hardware, (c) instrumentation and instruments, (d) biological, pharmaceutical, medical or paramedical systems, goods and components, (e) other goods, systems and components intended for use in science and technology. "home business" means a business carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling that does not involve: (a) the employment of more than 2 persons other than those residents, or (b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or (c) involve the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or (d) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the business carried on in the dwelling), or (e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building, but does not include bed and breakfast accommodation, home occupation or a brothel. "home industry" means a light industry carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling that does not involve: (a) the employment of more than one person other than those residents, or (b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or (c) the exposure to view, from any residential premises or from any public place, of any unsightly manner, or (d) the exhibition of any notice, advertisement or sign (other than a notice advertisement or sign exhibited on that dwelling to indicate the name of the resident and the light industry carried on in the dwelling), or (e) the sale of items (whether goods or materials), or the exposure or offer of sale of items, by retail, except for goods produced at the dwelling or building, or (f) the use of more than 50 square metres of floor area to carry on the light industry, but does not include bed and breakfast accommodation or a brothel. "home occupation" means an occupation carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling that does not involve: (a) the employment of persons other than those residents, or (b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or (c) the display of goods, whether in a window or otherwise, or (d) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the occupation carried on in the dwelling), or (e) the sale of items (whether goods or materials), or the exposure to offer for sale of items, by retail, but does not include bed and breakfast accommodation or a brothel. "hospital" means a building or place used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, care for people with developmental disabilities, psychiatric care or counselling and services provided by health care professionals) to people admitted as in-patients (whether or not out- patients are also cared for or treated there), and includes: (a) ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or refreshment rooms and ancillary accommodation for persons receiving health care or for their visitors, and (b) facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used by hospital staff or health care workers, and whether or not any such use is a commercial use. "hotel or motel accommodation" means tourist and visitor accommodation (whether or not licensed premises under the Liquor Act 2007): (a) comprising rooms or self-contained suites, and (b) that may provide meals to guests or the general public and facilities for the parking of guests’ vehicles, but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation. "industry" means the manufacturing, assembling, altering, formulating, repairing, renovating, preparing, ornamenting, finishing, cleaning, washing, breaking up or adapting of any goods or any articles or any part of a good or an article for trade or sale or gain but, in the Table in Part 3, does not include any other use specifically defined in this Dictionary. "intensive agriculture" means a form of agriculture, involving: (a) intensive livestock enterprises such as piggeries, cattle feed lots or poultry farms, which requires particular treatment or practices for the management of wastes (including faeces or other by- products), or (b) other intensive rural production enterprises such as hydroponic crop production, glass house fruit, flowers and vegetables, and the like. "junk yard" means land used: (a) for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods, or (b) for the collection, dismantling, storage, salvaging or abandonment of vehicles or machinery, or (c) for the sale of parts derived from those vehicles or machinery. "Lake" means the lake known as Lake Macquarie. "Lake Macquarie Development Control Plan No 1—Principles of Development" means Lake Macquarie Development Control Plan No 1—Principles of Development—Revision 01 as adopted by the Council on 30 January 2006. "land" has the same meaning as in the Act. "large-scale commercial premises" means premises, or part of premises, that have a gross floor area of not less than 500 square metres, and are used for the purpose of an office, or any other commercial or business purpose, by a single occupancy, but does not include any other premises defined in this Dictionary. "light industry" means an industry, not being a hazardous industry or offensive industry, in which the processes carried on, the transportation involved, or the machinery or materials used, do not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil, or otherwise. "liquid fuel depot" means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other flammable liquid. "maintenance" in Part 6 (Heritage provisions) means the ongoing protective care of a heritage item or a building, work, archaeological site, tree or place within a heritage conservation area. It does not include alterations, such as carrying out extensions or additions, or the introduction of new materials or exotic species and artificial landscapes or technology. "manufactured home estate" has the same meaning as it has in State Environmental Planning Policy No 36—Manufactured Home Estates. "marina" means a pontoon, jetty, pier or similar structure operated for commercial gain and designed or adapted to provide moorings for boats used primarily for pleasure or recreation and may include ancillary works such as slipways, facilities for the hire, repair and maintenance of boats and the provision of fuel, accessories and parts for boats and foodstuff. "medical centre" means a building or place used as an outpatient day surgery, health centre, pathology laboratory or collection centre, diagnostic centre or the like. "mine" means any place, open cut, shaft, tunnel, pit, drive, level or other excavation, drift, gutter, lead, vein, lode or reef on, in or by which any operation is carried on for or in connection with the purpose of obtaining any metal, mineral or gas by any mode or method and includes any place on which any product of the mining there is stacked, stored, crushed or otherwise treated, but does not include a quarry. "mixed use development" means development that comprises a combination of two or more of the following uses: dwellings; accommodation for tourists; shops; commercial premises; recreation facilities; restaurants; bottle shops. "motor showroom" means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are sold or displayed there. "multiple dwelling housing" means three or more dwellings, not being a residential flat building, and may include villas, town houses and terraces. "native vegetation" has the same meaning as it has in the Native Vegetation Act 2003, including scrub that is native vegetation but does not include any tree, sapling or shrub. "natural ground level" means the ground level of a site before any development has been carried out that alters the naturally occurring height or contours of the site. "natural heritage" means: (a) natural features consisting of physical and biological formations or groups of such formations, which are of identifiable value from the aesthetic or scientific point of view, or (b) geological and physiographical formations and delineated areas, which constitute the habitat of threatened species of animals and plants of identifiable value from the point of view of science or conservation, or (c) natural sites or delineated natural areas of identifiable value from the point of view of science, conservation or natural beauty regardless of evidence of human intervention. "offensive industry" means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the development from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality. "offensive storage establishment" means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality. "operational land" has the same meaning as in the Local Government Act 1993. "place of Aboriginal heritage significance" means: (a) a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (but need not) include heritage items (refer to Schedule 6) and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or (b) a natural Aboriginal sacred site or other sacred feature that may include natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance. "place of public worship" means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training. "potential archaeological site" means a site: (a) that is specified in Schedule 4 or 5 and described in that schedule as a potential archaeological site and shown on the map, or (b) that, in the opinion of the Council, has the potential to be an archaeological site even if it is not so specified. "potential place of Aboriginal heritage significance" means a place: (a) that is specified in Schedule 6 as a potential place of Aboriginal heritage significance, or (b) that, in the opinion of the Council, has the potential to have Aboriginal heritage significance, even if it is not so specified. "principles of ecologically sustainable development" means the following statements of principle: Ecologically sustainable development requires the effective integration of economic and environmental considerations in decision-making processes. Ecologically sustainable development can be achieved through the implementation of the following principles and programs: (a) the precautionary principle—namely, that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. In the application of the precautionary principle, public and private decisions should be guided by: (i) careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment, and (ii) an assessment of the risk-weighted consequences of various options, (b) inter-generational equity—namely, that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations, (c) conservation of biological diversity and ecological integrity—namely, that conservation of biological diversity and ecological integrity should be a fundamental consideration. (d) improved valuation, pricing and incentive mechanisms—namely, that environmental factors should be included in the valuation of assets and services, such as: (i) polluter pays—that is, those who generate pollution and waste should bear the cost of containment, avoidance or abatement, (ii) the users of goods and services should pay prices based on the full life cycle of costs of providing goods and services, including the use of natural resources and assets and the ultimate disposal of any waste, (iii) environmental goals, having been established, should be pursued in the most cost effective way, by establishing incentive structures, including market mechanisms, that enable those best placed to maximise benefits or minimise costs to develop their own solutions and responses to environmental problems. "professional consulting rooms" means a room or a number of rooms forming either the whole or part of, attached to or within the curtilage of, an existing dwelling house and used by not more than 3 persons providing medical services, or similar health care services, and who employ not more than 3 employees connected with those particular services. "pub" means licensed premises under the Liquor Act 2007 the principal purpose of which is the sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises. "public authority" has the same meaning as it has in the Act. "public utility undertaking" means any of the following undertakings carried on or permitted or suffered to be carried on by or by authority of any government department or under the authority of or in pursuance of any Commonwealth or State Act: (a) railway, road transport, water transport, air transport, wharf or river undertakings, (b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services, and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Government department, corporation, firm or authority carrying on the undertaking. "recreation facility" means a building or place used for indoor recreation, whether used for the purpose of gain or not but, in the Table in Part 3, does not include any other building specifically defined in this Dictionary or used for a land use so defined. "relic" means: (a) any deposit, object or material evidence (which may consist of human remains) that is more than 50 years old, relating to the use or settlement, not being Aboriginal habitation, of Lake Macquarie City local government area and that is a fixture or is wholly or partly within the ground, or (b) any deposit, object or material evidence (which may consist of human remains) of any age relating to Aboriginal habitation of that area, or (c) any deposit, object or material evidence of any age relating to the existence or evolution of fauna and flora species and geology and geomorphology. "residential flat building" means a building that comprises or includes: (a) 3 or more storeys (not including levels below natural ground level provided for car parking or storage, or both, that protrude less than 1.2 metres above ground level), and (b) 4 or more self-contained dwellings, but does not include a Class 1a building or Class 1b building within the meaning of the Building Code of Australia. Note: Class 1a and Class 1b buildings are commonly referred to as “town houses” or “villas” where the dwelling units are side by side, rather than on top of each other. "restaurant" means a building or place, principally providing food to seated paying customers and may include take-away, footway dining, kiosk and drive- through services. "restricted premises" means premises (other than a newsagency or pharmacy) where: (a) publications classified Category 1 restricted, Category 2 restricted or RC under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown, exhibited, displayed, sold or otherwise made accessible or available to the public, or (b) a business to which section 578E of the Crimes Act 1900 applies is conducted. "retail plant nursery" means a building or place used for both the growing and retail selling of plants, whether or not ancillary products are sold there. "road" means a public thoroughfare used for the passage of vehicles, pedestrians or animals and includes: (a) the airspace above the surface of the road, and (b) the soil beneath the surface of the road, and (c) any bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of the road. "roadside stall" means a building or place not exceeding 20 square metres in floor space or area respectively where only primary products produced on the property on which the building or place is situated are exposed or offered for sale or sold by retail. "rural industry" means the handling, treating, processing or packing of primary products and/or the servicing in a workshop of plant or equipment used for rural purposes. "sawmill" means a mill handling, cutting and processing timber from logs or baulks. "seniors housing" means residential accommodation that consists of: (a) a residential care facility, or (b) a hostel, or (c) a group of self-contained dwellings, or (d) a combination of these, and that is, or is intended to be, used permanently for: (e) seniors or people who have a disability, or (f) people who live in the same household with seniors or people who have a disability, or (g) staff employed to assist in the administration of the residential accommodation or in the provision of services to persons living in the accommodation, but does not include a hospital. "service station" means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil, gas or other petroleum products, whether or not the building or place is also used for one or more of the following purposes: (a) the sale by retail of spare parts and accessories for motor vehicles, or the hiring of trailers or other vehicles, (b) washing and greasing of motor vehicles, (c) installation of accessories, (d) repairing and servicing of motor vehicles (other than repairing and servicing which involves top overhaul of motors, body building, panel beating, spray painting, or suspension, transmission or chassis restoration), (e) a shop. "serviced apartment" means a building or part of a building providing self- contained tourist and visitor accommodation that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents. "shop" means a building or place used for the purpose of selling, exposing or offering for sale by retail, food, goods, merchandise or materials but, in the Table in Part 3, does not include any other building or place specifically defined in this Dictionary. "sign" means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes: (a) building identification signs, and (b) business identification signs, and (c) advertisements, but does not include traffic signs or traffic control facilities. "site area" means the area of land to which an application for consent under the Act relates, exclusive of any land on which the development to which the application relates is not permitted by or under this plan. "small lot housing" means: (a) a single dwelling on an allotment of land with an area of not less than 300 square metres but not more than 450 square metres in Zone 2 (1), or (b) a single dwelling on an allotment of land with an area of not less than 200 square metres but not more than 450 square metres in Zone 2 (2). "sporting facility" means a building or place used for outdoor recreational activities, whether for the purpose of gain or not but, in the Table to Part 3, does not include any other building or place specifically defined in this Dictionary. "storage facility" means a building or place used for the purpose of storing the belongings or materials of individuals in separate compartments. "storey" means the space within a building that is situated between one floor level and the next floor level above, or if there is no floor level above, the ceiling or roof above, but does not include a space that only contains: (a) a lift shaft, stairway or metre rooms, or (b) a bathroom, laundry or similar room, or (c) parking accommodation intended for less than 3 vehicles, or (d) a combination of the items, rooms or accommodation referred to in paragraphs (a)–(c), or (e) a mezzanine floor. "stormwater management facility" means a building or work used to control the quality of stormwater and includes detention basins, artificial wetlands, silt traps, gross pollutant traps, swales, channels and the like. "strata title subdivision" means subdivision under the Strata Schemes (Freehold Development) Act 1973. "subdivision of land" has the same meaning as in the Act. "sustainable generating works" means a building or place used for the purpose of generating electricity using energy derived from water, wind or sun. "sustainable water cycle management" means water cycle management that incorporates the principles and practice of water smart and water sensitive urban design philosophies. "telecommunications facility" means a facility used to receive and transmit telecommunications including, but not limited to, towers, antennae, ground based and underground facilities. "the Act" means the Environmental Planning and Assessment Act 1979. "the Council" means the Council of the City of Lake Macquarie. "the map" means the series of maps marked “ Lake Macquarie Local Environmental Plan 2004 ”, as amended by the maps, or sheets of maps, marked as follows: Note: The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan. Lake Macquarie Local Environmental Plan 2004 (Amendment No 1) Lake Macquarie Local Environmental Plan 2004 (Amendment No 3) Lake Macquarie Local Environmental Plan 2004 (Amendment No 4) Lake Macquarie Local Environmental Plan 2004 (Amendment No 6) Lake Macquarie Local Environmental Plan 2004 (Amendment No 7) Lake Macquarie Local Environmental Plan 2004 (Amendment No 10) Lake Macquarie Local Environmental Plan 2004 (Amendment No 11) Lake Macquarie Local Environmental Plan 2004 (Amendment No 12) —Sheet 3 Lake Macquarie Local Environmental Plan 2004 (Amendment No 14) —Sheets 1 and 2 Lake Macquarie Local Environmental Plan 2004 (Amendment No 15) Lake Macquarie Local Environmental Plan 2004 (Amendment No 16) Lake Macquarie Local Environmental Plan 2004 (Amendment No 17) Lake Macquarie Local Environmental Plan 2004 (Amendment No 18) Lake Macquarie Local Environmental Plan 2004 (Amendment No 19) —Sheets 1 and 2 Lake Macquarie Local Environmental Plan 2004 (Amendment No 20) Lake Macquarie Local Environmental Plan 2004 (Amendment No 21) —Sheet 1 Lake Macquarie Local Environmental Plan 2004 (Amendment No 24) Lake Macquarie Local Environmental Plan 2004 (Amendment No 26) Lake Macquarie Local Environmental Plan (Amendment No 28) —Sheets 1–5 and 8–10 Lake Macquarie Local Environmental Plan 2004 (Amendment No 29) Lake Macquarie Local Environmental Plan 2004 (Amendment No 30) Lake Macquarie Local Environmental Plan 2004 (Amendment No 31) Lake Macquarie Local Environmental Plan 2004 (Amendment No 32) —Sheets 1, 2 and 7 Lake Macquarie Local Environmental Plan 2004 (Amendment No 33) Lake Macquarie Local Environmental Plan 2004 (Amendment No 34) Lake Macquarie Local Environmental Plan 2004 (Amendment No 36) Lake Macquarie Local Environmental Plan 2004 (Amendment No 37) Lake Macquarie Local Environmental Plan 2004 (Amendment No 38) Lake Macquarie Local Environmental Plan 2004 (Amendment No 39) Lake Macquarie Local Environmental Plan 2004 (Amendment No 41) Lake Macquarie Local Environmental Plan 2004 (Amendment No 42) Lake Macquarie Local Environmental Plan 2004 (Amendment No 45) Lake Macquarie Local Environmental Plan 2004 (Amendment No 46) Lake Macquarie Local Environmental Plan 2004 (Amendment No 47) —Sheet 1 Lake Macquarie Local Environmental Plan 2004 (Amendment No 48) —Sheets 2 and 3 Lake Macquarie Local Environmental Plan 2004 (Amendment No 49) Lake Macquarie Local Environmental Plan 2004 (Amendment No 51) —Sheets 2 and 3 Lake Macquarie Local Environmental Plan 2004 (Amendment No 52) —Sheets 1–11 Lake Macquarie Local Environmental Plan 2004 (Amendment No 53) Lake Macquarie Local Environmental Plan 2004 (Amendment No 54) —Sheet 5 Lake Macquarie Local Environmental Plan 2004 (Amendment No 55) Lake Macquarie Local Environmental Plan 2004 (Amendment No 57) Lake Macquarie Local Environmental Plan 2004 (Amendment No 62) State Environmental Planning Policy (Major Projects—North Cooranbong) Amendment 2008—North Cooranbong Land Zoning Map "the Regulation" means the Environmental Planning and Assessment Regulation 2000. "tourist and visitor accommodation" means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes hotel or motel accommodation, serviced apartments, bed and breakfast accommodation and backpackers’ accommodation. "tourist resort" means a building or place that provides accommodation for tourists together with any one or more of the following: (a) on-site facilities to satisfy the recreational, entertainment, dining and business needs of tourists, (b) a function centre. "transport terminal" means a building or place used mainly for the bulk handling of goods for transport by road, rail or air and includes facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles, and includes a road transport terminal and a rail terminal. "tree" includes: (a) any sapling or shrub that is more than 3 metres in height or has a trunk with a diameter, at ground level, of 75mm or more, and (b) any species of vegetation that existed in the State of New South Wales before European settlement, and (c) any vegetation listed on the Council’s Significant Tree Register. Note: The term "tree" includes any tree within the ordinary meaning of that term, such as the Norfolk Island Pine. The above definition extends the meaning of "tree" to include plants that might not otherwise be considered to be trees. "unzoned land" means land not zoned by this plan. "utility installation" means a building or work used for a public utility undertaking, but does not include a building designed wholly or principally as administrative or business premises or as a showroom. "veterinary hospital" means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment. "warehouse" means a building used for the storage of goods, merchandise or materials pending their sale and distribution to persons engaged in the retail trade. "waste management and/or recycling facility" means a building or place used for the collection, storage, abandonment, sorting and/or sale of waste materials and/or the preparation of those recycled materials for further use. "water cycle management" means the handling of water and water resources in a manner that has regard to the whole of the hydrological process. This includes having regard to the quality and quantity of the resource from its various sources and its use and transport in the natural and built environment. "water pollution" or "pollution of waters" has the same meaning as in the Protection of the Environment Operations Act 1997. "waterbody" means: (a) a natural waterbody, including: (i) a lake or lagoon either naturally formed or artificially modified, or (ii) a river or stream, whether perennial or intermittent, flowing in a natural channel with an established bed or in a natural channel artificially modifying the course of the river or stream, or (iii) tidal waters including any bay, estuary or inlet, or (b) an artificial waterbody, including any constructed waterway, canal, inlet, bay, channel, dam, pond or lake, but does not include a dry detention basin or other construction that is only intended to hold water intermittently. "wetland" means those areas where flora are dependent on, or are significantly adapted to living in, wet conditions for a significant part of their life cycle. "wholesale plant nursery" means a building or place used for both the growing and wholesaling of plants. LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - NOTES See also: Statute Law (Miscellaneous Provisions) Bill 2012 LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________________ |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| |______________________________________________________________________| Table of amending instrumentsLake Macquarie Local Environmental Plan 2004 published in Gazette No 58 of 19.3.2004, p 1293 and amended as follows: Statute Law (Miscellaneous Provisions) Act 2004 No 55. Assented to 6.7.2004. Date of commencement of Sch 2.18, assent, sec 2 (2). Lake Macquarie Local Environmental Plan 2004 (Amendment No 1) (GG No 36 of 24.3.2005, p 905) ____________________________________________________________________________ | | |Statute Law (Miscellaneous Provisions) | |2005|No 64 |Act 2005. Assented to 1.7.2005. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(720) |4). GG No 139 of 11.11.2005, p 9379. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | |2006|(128) |16). GG No 37 of 24.3.2006, p 1552. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(258) |15). GG No 68 of 26.5.2006, p 3197. | | | | | |____________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) | | |No 58 |Act 2006. Assented to 20.6.2006. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(430) |3). GG No 98 of 4.8.2006, p 6103. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(565) |6). GG No 114 of 8.9.2006, p 7915. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(566) |12). GG No 114 of 8.9.2006, p 7919. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(567) |13). GG No 114 of 8.9.2006, p 7923. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | |2007|(53) |2). GG No 31 of 9.2.2007, p 770. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(197) |17). GG No 63 of 4.5.2007, p 2608. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(318) |7). GG No 83 of 29.6.2007, p 4232. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(331) |10). GG No 90 of 13.7.2007, p 4502. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(366) |22). GG No 94 of 27.7.2007, p 4870. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(524) |19). GG No 156 of 26.10.2007, p 8112. | | | | | |____________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) | | |No 82 |Act (No 2) 2007. Assented to 7.12.2007. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(583) |18). GG No 180 of 7.12.2007, p 9323. | | | | | |____________________________________________________________________________| | | |State Environmental Planning Policy | | |(641) |(Infrastructure) 2007. GG No 185 of 21.12.2007, p 10003. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | |2008|(5) |26). GG No 4 of 11.1.2008, p 34. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(77) |30). GG No 36 of 20.3.2008, p 2435. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(152) |20). GG No 61 of 30.5.2008, p 4061. | | | | | |____________________________________________________________________________| | | |State Environmental Planning Policy (Major Projects) 2005 | | |(406) |(Amendment No 26). GG No 109 of 2.9.2008, p 9127. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(544) |14). GG No 152 of 28.11.2008, p 11393. | | | | | |____________________________________________________________________________| | | |State Environmental Planning Policy (Major Projects—North | | |(556) |Cooranbong) Amendment 2008. GG No 155 of 5.12.2008, p 11751. | | | | | |____________________________________________________________________________| | | |State Environmental Planning Policy (Repeal of Concurrence and | | |(571) |Referral Provisions) 2008. GG No 157 of 12.12.2008, p 11946. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(573) |32). GG No 157 of 12.12.2008, p 12211. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | |2009|(58) |31). LW 20.2.2009. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(59) |37). LW 20.2.2009. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(168) |34). LW 8.5.2009. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(223) |29). LW 5.6.2009. | | | | | |____________________________________________________________________________| | | |Statute Law (Miscellaneous Provisions) | | | |Act 2009. Assented to 1.7.2009. | | |No 56 | | | | |Date of commencement of Sch 2.27, 1.7.2009, Sch 2.27 and 2009 | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(453) |40). LW 4.9.2009. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(497) |36). LW 2.10.2009. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(498) |39). LW 2.10.2009. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(538) |24). LW 20.11.2009. | | | | | |____________________________________________________________________________| | | |Statute Law (Miscellaneous | | |No 106|Provisions) Act (No 2) 2009. Assented to 14.12.2009. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | |2010|(4) |41). LW 15.1.2010. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(174) |11). LW 7.5.2010. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(175) |49). LW 7.5.2010. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(218) |28). LW 28.5.2010. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | | |33). LW 25.6.2010. | | | | | | |(288) |Date of commencement, on publication on LW, cl 2. The amendments| | | |made by Sch 1 [5] [6] [9] [10] and [12]–[23] were without | | | |effect as the provisions being amended were amended by Lake | | | |Macquarie Local Environmental Plan 2004 | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(289) |38). LW 25.6.2010. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(376) |45). LW 16.7.2010. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(512) |21). LW 3.9.2010. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(597) |42). LW 15.10.2010. | | | | | |____________________________________________________________________________| | | |State Environmental Planning Policy (Major Development) | | | |Amendment (State Significant Sites—South Wallarah Peninsula) | | |(620) |2010. LW 5.11.2010. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(667) |51). LW 3.12.2010. | | | | | |____________________________________________________________________________| | | |State Environmental Planning Policy (Standard Instrument | |2011|(103) |References) Amendment 2011. LW 25.2.2011. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(276) |55). LW 10.6.2011. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(288) |48). LW 17.6.2011. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(400) |62). LW 5.8.2011. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(410) |47). LW 12.8.2011. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(475) |53). LW 2.9.2011. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(497) |54). LW 16.9.2011. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(593) |46). LW 18.11.2011. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(634) |56). LW 9.12.2011. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | | |(657) |57). LW 16.12.2011. | | | | | |____________________________________________________________________________| | | |Lake Macquarie Local Environmental Plan 2004 (Amendment No | |2012|(11) |52). LW 13.1.2012. | | | | | |____________________________________________________________________________| | | |State Environmental Planning Policy Amendment (Middle Camp) | | |(147) |2012. LW 13.4.2012. | | | | | |____________________________________________________________________________| | | |State Environmental Planning Policy Amendment (Nords Wharf) | | |(148) |2012. LW 13.4.2012. | | | | | |____________________________________________________________________________| Table of amendments _____________________________________________________________________________ |_____________________________________________________________________________| |_____________________________________________________________________________| |Cl 7 |Am 2010 (288), Sch 1 [1]; 2011 (103), Sch | |_____________________________________________________________________________| |Cl 9 |Am 2007 (53), Sch 1 [1]; 2010 (218), Sch 1 | |_____________________________________________________________________________| |_____________________________________________________________________________| | |Am 2006 No 58, Sch 2.26 [1]; 2007 (53), Sch | |Cl 15, table |1 [2]–[16]; 2010 (218), Sch 1 [4]–[14]; | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |Cl 24 |Am 2007 (53), Sch 1 [18]; 2010 (218), Sch 1 | |_____________________________________________________________________________| |_____________________________________________________________________________| |Cl 27 |Am 2007 (53), Sch 1 [22]–[24]; 2010 (218),| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |Cl 36 |Am 2010 (218), Sch 1 [22]; 2010 (288), Sch 1| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |Cl 51 |Am 2008 (571), Sch 3.99 [6]; 2011 (276), Sch| |_____________________________________________________________________________| |Cl 55 |Am 2007 (53), Sch 1 [32]; 2008 (556), Sch 1 | |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| |Cl 60 |Am 2007 (53), Sch 1 [33]; 2008 (571), Sch | |_____________________________________________________________________________| |Cl 61 |Am 2006 (430), Sch 1 [2]; 2011 (634), Sch 1 | |_____________________________________________________________________________| | |Ins 2008 (152), Sch 1 [1]. Am 2008 (544), | | |Sch 1 [1]; 2008 (556), Sch 1 [2]–[4]; 2009| | |(497), Sch 1 [1] [2]; 2009 (538), Sch 1 [1];| |Cl 62 |2010 (4), Sch 1 [1]; 2010 (174), cl 4 (1); | | |2010 (288), Sch 1 [4]; 2010 (289), Sch 1 | | |[1]; 2010 (376), cl 4 (1); 2010 (597), Sch 1| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| | |Am 2005 No 64, Sch 2.29; 2007 (53), Sch 1 | |Sch 1 |[34]–[69]; 2009 No 56, Sch 2.27; 2010 | | |(218), Sch 1 [23]–[26]; 2010 (288), Sch 1 | |_____________________________________________________________________________| |Sch 2 |Am 2007 (53), Sch 1 [70]–[72]. Subst 2010 | |_____________________________________________________________________________| |_____________________________________________________________________________| | |Am 2006 (430), Sch 1 [3]; 2006 (566), Sch 1 | | |[1]; 2006 (567), cl 4; 2007 (366), Sch 1; | | |2007 (524), Sch 1 [1]; 2008 (573), Sch 1 | |Sch 3 |[1]–[4]; 2010 (218), Sch 1 [28] [29]; 2010| | |(667), Sch 1 [1] [2]; 2011 (276), Sch 1 | | |[5]–[11]; 2011 (288), Sch 1 [1]–[3]; | | |2011 (410), Sch 1 [1] [2]; 2011 (497), Sch 1| |_____________________________________________________________________________| | |Am 2007 (53), Sch 1 [73]–[98]; 2010 (218),| |Sch 4 |Sch 1 [30]–[41]; 2011 (276), Sch 1 [12]–| |_____________________________________________________________________________| |_____________________________________________________________________________| |_____________________________________________________________________________| | |Am 2007 (53), Sch 1 [99] [100]; 2009 (453), | |Sch 7 |Sch 1; 2010 (288), Sch 1 [24]; 2010 (512), | | |Sch 1 [1]; 2011 (276), Sch 1 [34] [35]; 2012| |_____________________________________________________________________________| | |Am 2007 (197), Sch 1 [1]; 2009 (223), Sch 1 | | |[1]; 2009 (497), Sch 1 [3]; 2009 No 106, Sch| | |2.15; 2010 (4), Sch 1 [2]; 2010 (218), Sch 1| |Sch 8 |[42]–[44]; 2010 (288), Sch 1 [25]; 2010 | | |(512), Sch 1 [2]; 2010 (597), Sch 1 [2]; | | |2011 (276), Sch 1 [36] [37]; 2011 (657), Sch| |_____________________________________________________________________________| | |Am 2010 (218), Sch 1 [45]; 2010 (288), Sch 1| |Sch 9 |[26]; 2010 (512), Sch 1 [3]; 2011 (276), Sch| | |1 [38]–[40]; 2011 (593), Sch 1 [2]; 2011 | |_____________________________________________________________________________| |Sch 11 |Ins 2006 (430), Sch 1 [4]; 2011 (276), Sch 1| |_____________________________________________________________________________| | |Am 2004 No 55, Sch 2.18; 24.3.2005; 2005 | | |(720), cl 4; 2006 (128), cl 4; 2006 (258), | | |cl 4; 2006 No 58, Sch 2.26 [2]; 2006 (430), | | |Sch 1 [5]; 2006 (565), cl 4; 2006 (566), Sch| | |1 [2]; 2007 (53), Sch 1 [101]–[107]; 2007 | | |(197), Sch 1 [2]; 2007 (318), cl 4; 2007 | | |(331), cl 4; 2007 (524), Sch 1 [2]; 2007 | | |(583), cl 4; 2007 (641), Sch 5.20; 2008 (5),| | |cl 4; 2008 (77), cl 4; 2008 (152), Sch 1 | | |[2]; 2008 (544), Sch 1 [2]; 2008 (556), Sch | | |1 [5]; 2008 (573), Sch 1 [5]; 2009 (58), cl | | |4; 2009 (59), cl 4; 2009 (168), cl 4; 2009 | |Dictionary |(223), Sch 1 [2]; 2009 (497), Sch 1 [4]; | | |2009 (498), Sch 1; 2009 (538), Sch 1 [2]; | | |2010 (4), Sch 1 [3]; 2010 (174), cl 4 (2); | | |2010 (175), cl 4; 2010 (218), Sch 1 [46]– | | |[49]; 2010 (288), Sch 1 [27]; 2010 (289), | | |Sch 1 [2]; 2010 (376), cl 4 (2); 2010 (512),| | |Sch 1 [4]; 2010 (597), Sch 1 [3]; 2010 | | |(667), Sch 1 [3]; 2011 (276), Sch 1 [42]; | | |2011 (288), Sch 1 [4]; 2011 (400), cl 4; | | |2011 (410), Sch 1 [3]; 2011 (475), cl 4; | | |2011 (497), Sch 1 [6]; 2011 (593), Sch 1 | | |[3]; 2011 (657), Sch 1 [3]; 2012 (11), Sch 1| |_____________________________________________________________________________| |_____________________________________________________________________________|