New South Wales Consolidated Regulations

WYONG LOCAL ENVIRONMENTAL PLAN 1991 - REG 67

67 Managed resort facilities-Wyong and Summerland Point

(1) This clause applies to:

(a) land within Zone No 1 (c) fronting Pollock Avenue and Warner Avenue, Wyong, as shown edged heavy black on the maps marked “ Wyong Local Environmental Plan No 125 ” and “ Wyong Local Environmental Plan 1991 (Amendment No 72) ”, and

(b) Lot 22, DP 791703, Summerland Road, Summerland Point, as shown edged heavy black on the map marked “ Wyong Local Environmental Plan 1991 (Amendment No 60) ”.

(2) In this clause, "managed resort facility" means an establishment providing for holiday accommodation or recreation and may include permanent accommodation, entertainment facilities, recreation facilities, a boat shed, boat loading facilities, a general store, convention facilities, holiday cabins, a hotel, house boat facilities, a marina, a motel, restaurants, tourist shops ancillary to the establishment or a club used in conjunction with any such facilities.

(3) Despite the other provisions of this plan, a person may, with the consent of the Council, carry out development for the purpose of a managed resort facility on the land to which this clause applies.

(4) A person may, with the consent of the Council, subdivide, in accordance with the Community Land Development Act 1989 , the land on which the managed resort facility is located even if one or more of the lots to be created by the subdivision will not meet any minimum lot size requirements specified elsewhere in this plan for the zone in which the land is situated.

(5) The Council may consent to the use for permanent residence of up to seventy-five per cent of the accommodation provided by a managed resort facility. In determining the proportion concerned, the Council must have regard to the nature of the facility and its relationship to surrounding land uses, and must be satisfied that the granting of the consent will not result in the dominant use of the land on which the facility is located being for a purpose other than that of a managed resort facility.

(6) Consent must not be granted pursuant to this clause for development of the land referred to in subclause (1) (b), unless the Council is satisfied that:

(a) the land shown hatched on the map referred to in subclause (1) (b), despite subclause (4), will be retained as one allotment, and

(b) the land shown unhatched on that map will be the only location for all permanent residence permitted by subclause (5).