Lake Macquarie Local Environmental Plan 2004 (Amendment No 21) (2010-512) LW 3 September 2010 (NSW)

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2010 No 512

New South Wales

Lake Macquarie Local Environmental

Plan 2004 (Amendment No 21)

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. (NEW0006137/PC)

TOM GELLIBRAND

As delegate for the Minister for Planning

Published LW 3 September 2010

Page 1

2010 No 512

Clause 1

Lake Macquarie Local Environmental Plan 2004 (Amendment No 21)

Lake Macquarie Local Environmental Plan 2004

(Amendment No 21)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Lake Macquarie Local Environmental Plan 2004

(Amendment No 21).

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 land in the City of Lake Macquarie, being Part Lot 201, DP 805914, Lot 21, DP 251322, Lots 1–5, DP 233095, Lots 1 and 2, Sec A, DP 3655 and Lot 1, DP 213533, Boolaroo, as shown edged heavy black and lettered “2 (2)”, “3 (1)”, “3 (2)” and “4 (2)” on Sheet 1 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 21)” deposited in the office of the Council of the City of Lake Macquarie, and Lot 1, DP 523781, Boolaroo.

2010 No 512

Lake Macquarie Local Environmental Plan 2004 (Amendment No 21)

Amendment of Lake Macquarie Local Environmental Plan 2004

Schedule 1

Schedule 1

Amendment of Lake Macquarie Local

Environmental Plan 2004

[1]      Schedule 7 Additional development allowed on certain land

Insert at the end of Schedule 7 (before the note), with an appropriate item number, in the columns headed “Column 1” and “Column 2”, respectively:

Land at the former Pasminco Cockle

Subdivision into lots, each with an

Creek Smelter site off Main Road,

area of not less than 450 square

Boolaroo, being Part Lot 201,

metres, and the erection of a

DP 805914 and Lot 21, DP 251322,

dwelling house on each lot so

as shown edged heavy black and

created.

lettered “2 (2)” on the map marked

“Lake Macquarie Local

Environmental Plan 2004

(Amendment No 21)”.

[2]      Schedule 8 Land subject to special development requirements

Insert at the end of Schedule 8, with an appropriate item number, in the columns headed “Column 1” and “Column 2”, respectively:

Land at the former Pasminco Cockle

A development control plan must

Creek Smelter site off Main Road,

have been approved by the

Boolaroo, being Part Lot 201,

Council before consent is granted

DP 805914 and Lot 21, DP 251322,

to the carrying out of any

as shown edged heavy black and

development on the land.

lettered “2 (2)” and “3 (2)” on the

The development control plan

map marked “Lake Macquarie Local

must address, to the satisfaction of

Environmental Plan 2004

the Council, the following matters:

(Amendment No 21)”.

(a)

site access and mobility,

(b)

connectivity (for vehicles,

pedestrians and cyclists)

with adjoining areas,

(c)

urban design outcomes,

(d)

maximum floor space ratios for commercial areas,

(e)

noise attenuation,

(f)

heritage conservation and

interpretation,

(g)

management of open space,

(h)

landscaping,

2010 No 512

Lake Macquarie Local Environmental Plan 2004 (Amendment No 21)

Schedule 1

Amendment of Lake Macquarie Local Environmental Plan 2004

(i)         the public domain,

(j)

stormwater management,

(k)

the visual impact of the proposed development.

Despite any other provision of this

Plan, the 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 (Amendment No 21).

[3]      Schedule 9 Consent to development subject to special requirements

Insert at the end of Schedule 9, with an appropriate item number, in the columns headed “Column 1” and “Column 2”, respectively:

Land at the former Pasminco Cockle

Provision for future vehicle

Creek Smelter site off Main Road,

access from Munibung Road,

Boolaroo, being Lot 201, DP 805914,

Cardiff, through to TC Frith

Lot 21, DP 251322 and Lot 1,

Avenue, Boolaroo.

DP 523781.

There must be no significant land

use conflicts between the

proposed development and the

ongoing remediation of the

remainder of the site.

[4]      Dictionary

Insert in appropriate order in the definition of the map in the Dictionary the following words:

Lake Macquarie Local Environmental Plan 2004 (Amendment

No 21)—Sheet 1

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