Cessnock Local Environmental Plan 2011 (Amendment No 10) (2014-543) LW 22 August 2014 (NSW)

New South Wales

Cessnock Local Environmental Plan 2011

(Amendment No 10)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the

Environmental Planning and Assessment Act 1979.

DAVID ROWLAND

As delegate for the Minister for Planning

Cessnock Local Environmental Plan 2011 (Amendment No 10)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Cessnock Local Environmental Plan 2011 (Amendment No 10).

2      Commencement

This Plan commences on the day on which it is published on the NSW legislation website.

3      Land to which Plan applies

This Plan applies to all of the land to which Cessnock Local Environmental Plan

2011 applies.

4      Maps

The maps adopted by Cessnock Local Environmental Plan 2011 are amended or replaced, as the case requires, by the maps approved by the Minister on the making of this Plan.

Schedule 1

Amendment of Cessnock Local Environmental

Plan 2011

[1]      Clause 2.1 Land use zones

Insert after the matter relating to SP2 Infrastructure:

SP3 Tourist

[2]      Land Use Table

Insert after the matter relating to Zone SP2 Infrastructure:

Zone SP3 Tourist

1      Objectives of zone

• To provide for a variety of tourist-oriented development and related uses.

• To allow for integrated tourist development.

2      Permitted without consent

Nil

3      Permitted with consent

Attached dwellings; Building identification signs; Business identification signs; Cellar door premises; Child care centres; Dwelling houses; Entertainment facilities; Environmental facilities; Environmental protection works; Exhibition homes; Flood mitigation works; Food and drink premises; Function centres; Home businesses; Home industries; Home occupations; Horticulture; Information and education facilities; Kiosks; Markets; Neighbourhood shops; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roads; Semi-detached dwellings; Sewage treatment plants; Tourist and visitor accommodation; Viticulture; Water recycling facilities; Water reticulation systems; Water storage facilities; Water treatment facilities

4      Prohibited

Any development not specified in item 2 or 3

[3]      Clause 4.1AA Minimum subdivision lot size for community title schemes

Insert after clause 4.1AA (2) (b):

(ba) Zone SP3 Tourist,

[4]      Clause 4.2B Minimum subdivision lot size for strata plan schemes in certain rural or environmental protection zones

Insert after clause 4.2B (2) (b):

(ba) Zone SP3 Tourist,

[5]      Clause 7.11

Insert after clause 7.10:

7.11 Integrated tourist development at Wine Country Drive, Pokolbin

(1)

This clause applies to land at Wine Country Drive, Pokolbin, being Lots 2–4,

DP 869651 and Lot 11, DP 1187663.

(2)

Development consent must not be granted to any development on land to

which this clause applies unless:

(a)	the consent authority is satisfied that the development is integrated tourist development, and
(b)	the total number of permanent residential dwellings on that land does not exceed 300, and
(c)	the total number of serviced apartments and hotel or motel accommodation units used for the purposes of tourist and visitor accommodation on that land does not exceed 300, and
(d)	the total number of permanent residential dwellings does not exceed the total number of serviced apartments and hotel or motel accommodation units on that land used for the purposes of tourist and visitor accommodation at any time.

(3)

In this clause:

integrated tourist development means development carried out on a single

parcel of land for the purposes of major tourist facilities that include an

18-hole golf course.