New South Wales Consolidated Regulations

LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 - REG 62

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