Lake Macquarie Local Environmental Plan 2004 (Amendment No 28) (2010-218) LW 28 May 2010 (NSW)
2010 No 218
| New South Wales |
Lake Macquarie Local Environmental
Plan 2004 (Amendment No 28)
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. (N06/00135)
TONY KELLY, MLC Minister for Planning
| Published LW 28 May 2010 | Page 1 |
| 2010 No 218 |
| Clause 1 | Lake Macquarie Local Environmental Plan 2004 (Amendment No 28) |
Lake Macquarie Local Environmental Plan 2004
(Amendment No 28)
under the
Environmental Planning and Assessment Act 1979
1 Name of plan
This plan is Lake Macquarie Local Environmental Plan 2004
(Amendment No 28).
2 Commencement
This plan commences on the day on which it is published on the NSW legislation website.
3 Aims of plan
The aims of this plan are:
| (a) | to address some anomalies in, and omissions from, Lake Macquarie Local Environmental Plan 2004 (the 2004 plan), and clarify some of its provisions, and |
| (b) | to update Schedules 1–4, 8 and 9 of the 2004 plan, and |
| (c) | to amend existing definitions and include new definitions in the Dictionary to the 2004 plan, and |
| (d) | to rezone land referred to in clause 4 (2) from Zone 6 (1) Open Space Zone to Zone 2 (1) Residential Zone to change inappropriate zoning for land that is in private ownership and to remove the identification of the land as land to which clause 55 (Acquisition of land required for community purposes) of the 2004 plan applies, and |
| (e) | to adjust zone boundaries on land referred to in clause 4 (3) to recognise the reduced environmental quality of the land, and |
| (f) | to rezone land referred to in clause 4 (4) from Zone 5 Infrastructure Zone to Zone 2 (1) Residential Zone to reflect the current and most appropriate use of the land, and |
| (g) | to rezone land referred to in clause 4 (5) from Zone 2 (1) Residential Zone to Zone 7 (1) Conservation (Primary) Zone to reflect the environmental quality of the land, and |
2010 No 218
| Lake Macquarie Local Environmental Plan 2004 (Amendment No 28) | Clause 4 |
| (h) | to rezone land referred to in clause 4 (6) from Zone 6 (1) Open Space Zone to Zone 5 Infrastructure Zone and reclassify the land from community land to operational land to facilitate road infrastructure improvements, and |
(i) to reclassify land referred to in clause 4 (7) from community land to operational land to recognise that the land is no longer required for public purposes and to enable the land to be developed in accordance with the current zoning, and
| (j) | to rezone land referred to in clause 4 (8) from Zone 5 Infrastructure Zone to Zone 3 (1) Urban Centre (Core) Zone to exclude the land from future infrastructure works, and |
| (k) | to remove the acquisition requirement under clause 57 of the 2004 plan in respect of the land referred to in clause 4 (9) to exclude it from future acquisition by the Roads and Traffic Authority, and |
| (l) | to rezone land referred to in clause 4 (10) from Zone 2 (1) Residential Zone and Zone 2 (2) Residential (Urban Living) Zone to Zone 3 (1) Urban Centre (Core) Zone to facilitate commercial development. |
4 Land to which plan applies
|
2010 No 218
| Clause 4 | Lake Macquarie Local Environmental Plan 2004 (Amendment No 28) |
| (6) | With respect to the aim referred to in clause 3 (h), this plan applies to Pt Lot 1, DP 358543, Tudor Street, Belmont and Lot 2, DP 358543, Ross Street, Belmont, as shown edged heavy black and lettered “5” on Sheet 5 of that map. | |||
| (7) | With respect to the aim referred to in clause 3 (i), this plan applies to: | |||
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| (8) | With respect to the aim referred to in clause 3 (j), this plan applies to Pt Lot 41, DP 1054136, Pt Lot 103, DP 855072, Pt Lot 104, DP 862208, Pt Lot 1, Section A, DP 216, Pt SP 56227, Pt Lot 101 and Pt Lot 102, DP 1108351, Lot 103, DP 1108351, Pt Lot 2 and Pt Lot 3, DP 581429, Charlestown Road, Charlestown and Pt Lot 1, DP 800486, Pacific Highway, Charlestown, as shown edged heavy black and lettered “3 (1)” on Sheet 8 of that map. | |||
| (9) | With respect to the aim referred to in clause 3 (k), this plan applies to Pt Lot 103, DP 855072, Pt SP 56227, Pt Lot 101 and Pt Lot 102, DP 1108351, Lot 103, DP 1108351, Pt Lot 2 and Pt Lot 3, DP 581429, Charlestown Road, Charlestown and Pt Lot 1, DP 800486, Pacific Highway, Charlestown, as shown edged heavy black on Sheet 9 of that map. | |||
| (10) | With respect to the aim referred to in clause 3 (l), this plan applies to Pt Lot 1001, DP 1092785 and Pt Lot 16, DP 849003, George Booth Drive, Cameron Park, as shown edged heavy black and lettered “3 (1)” on Sheet 10 of that map. |
2010 No 218
Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)
| Amendment of Lake Macquarie Local Environmental Plan 2004 | Schedule 1 |
| Schedule 1 | Amendment of Lake Macquarie Local Environmental Plan 2004 |
[1] Clause 6
Omit the clause. Insert instead:
6 Notes
Notes in this plan are provided for guidance and do not form part of this plan.
[2] Clause 9 Complying development
Insert at the end of the clause:
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.
[3] Clause 11 Determination of pending development applications
Insert after clause 11 (2):
| (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. |
[4] Clause 15 General controls for land within zones
Omit “bed and breakfast establishments” wherever occurring in item 3 of the matter relating to Zone 1 (1) Rural (Production) Zone, Zone 1 (2) Rural (Living) Zone, Zone 2 (1) Residential Zone, Zone 2 (2) Residential (Urban Living) Zone, Zone 7 (1) Conservation (Primary) Zone, Zone 7 (2) Conservation (Secondary) Zone, Zone 7 (3) Environmental (General) Zone, Zone 7 (5) Environmental (Living) Zone and Zone 10 Investigation Zone in the Land use table.
Insert instead “bed and breakfast accommodation”.
[5] Clause 15, Land use table
Insert “farm stay accommodation” in alphabetical order in item 3 of the matter relating to Zone 1 (1) Rural (Production) Zone.
2010 No 218
Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)
| Schedule 1 | Amendment of Lake Macquarie Local Environmental Plan 2004 |
[6] Clause 15, Land use table
Insert “seniors housing” in alphabetical order in item 3 of the matter relating to Zone 2 (1) Residential Zone, Zone 2 (2) Residential (Urban Living) Zone, Zone 3 (1) Urban Centre (Core) Zone and Zone 3 (2) Urban Centre (Support) Zone.
[7] Clause 15, Land use table
Omit “motels” wherever occurring in item 3 of the matter relating to Zone 2 (2) Residential (Urban Living) Zone, Zone 3 (1) Urban Centre (Core) Zone, Zone 3 (2) Urban Centre (Support) Zone, Zone 5 Infrastructure Zone and Zone 6 (2) Tourism and Recreation Zone.
[8] Clause 15, Land use table
Insert “hotel or motel accommodation” in alphabetical order in item 3 of the matter relating to Zone 2 (2) Residential (Urban Living) Zone, Zone 3 (1) Urban Centre (Core) Zone, Zone 3 (2) Urban Centre (Support) Zone, Zone 5 Infrastructure Zone and Zone 6 (2) Tourism and Recreation Zone.
[9] Clause 15, Land use table
Omit “hotels” wherever occurring in item 3 of the matter relating to Zone 3 (1) Urban Centre (Core) Zone, Zone 3 (2) Urban Centre (Support) Zone and Zone 6 (2) Tourism and Recreation Zone.
[10] Clause 15, Land use table
Insert “pubs” in alphabetical order in item 3 of the matter relating to Zone 3 (1) Urban Centre (Core) Zone, Zone 3 (2) Urban Centre (Support) Zone and Zone 6 (2) Tourism and Recreation Zone.
[11] Clause 15, Land use table
| Insert “bottle shops” in alphabetical order in item 3 of the matter relating to Zone 3 (1) Urban Centre (Core) Zone. |
[12] Clause 15, Land use table
Insert “backpackers’ accommodation” and “serviced apartments” in alphabetical order in item 3 of the matter relating to Zone 3 (1) Urban Centre (Core) Zone, Zone 3 (2) Urban Centre (Support) Zone and Zone 6 (2) Tourism and Recreation Zone.
2010 No 218
Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)
| Amendment of Lake Macquarie Local Environmental Plan 2004 | Schedule 1 |
[13] Clause 15, Land use table
Omit “bulky goods showrooms” wherever occurring from item 3 of the matter relating to Zone 3 (2) Urban Centre (Support) Zone and Zone 4 (3) Industrial (Urban Services) Zone.
Insert instead “bulky goods premises”.
[14] Clause 15, Land use table
Insert “high technology industries” in alphabetical order in item 3 of the matter relating to Zone 4 (3) Industrial (Urban Services) Zone.
[15] Part 3A
Insert after Part 3:
Part 3A Controls relating to miscellaneous
permissible uses
| 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.
| 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.
[16] Clause 24 Subdivision
| Omit “Schedule 1 as exempt development” from clause 24 (1). Insert instead “subclause (9)”. |
[17] Clause 24 (6)
Omit the subclause.
[18] Clause 24 (7)
Insert “2 (1) or” before “2 (2)”.
2010 No 218
Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)
| Schedule 1 | Amendment of Lake Macquarie Local Environmental Plan 2004 |
[19] Clause 24 (9)
Insert after clause 24 (8):
| (9) | Consent is not required for a subdivision for the purpose only of any one or more of the following: | |||
|
(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. |
[20] Clause 27 Dwelling houses, small lot housing and dual occupancies in Zone 1 (2), 2 (1), 2 (2) or 7 (5)
Insert after clause 27 (6):
| (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): | |||
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| (9) | Consent must not be granted to the erection or creation in Zone 2 (1) of: | |||
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2010 No 218
Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)
| Amendment of Lake Macquarie Local Environmental Plan 2004 | Schedule 1 |
[21] Clause 28A
Insert after clause 28:
|
| (1) | Consent must not be granted to the erection or creation of a residential flat building on: | |||||
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| (2) | Consent must not be granted to the erection or creation of multiple dwelling housing on: | |||||
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| (3) | In this clause: width means the distance of the perpendicular line between the side boundaries, as measured at the front building setback. |
2010 No 218
Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)
| Schedule 1 | Amendment of Lake Macquarie Local Environmental Plan 2004 |
[22] Clause 36 Mixed use development
Omit clause 36 (2). Insert instead:
| (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: | |||
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| (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. |
[23] Schedule 1 Exempt Development
Insert before clause 1:
Note 1. 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 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.
exempt development not specified in that Policy.
[24] Schedule 1, clause 1 (1) (c)
Omit “Column 3”. Insert instead “Column 2”.
[25] Schedule 1, clause 2 (1) (g)
Omit the paragraph.
2010 No 218
Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)
| Amendment of Lake Macquarie Local Environmental Plan 2004 | Schedule 1 |
[26] Schedule 1, Table
Omit the Table. Insert instead:
Table
| ||||||||||
| or carrying out, of the following: | ||||||||||
|
Must be erected in accordance with all the
conditions set out in its certificate of
registration.
Must have a current logbook within the
meaning of the Occupational Health and
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
of the WorkCover Authority.
| Arcade amusement devices (eg pinball | Exempt only in Zones 3 (1), 3 (2) and |
| machines, virtual reality games etc) | 6 (2). Must be located wholly within the subject premises. Maximum 5 devices installed in total. |
2010 No 218
Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)
| Schedule 1 | Amendment of Lake Macquarie Local Environmental Plan 2004 |
| Column 1 | Column 2 |
| Erection (or installation) and use, | Circumstances where exempt |
| or carrying out, of the following: |
Awnings over trade waste disposal points Exempt only in Zones 4 (1), 4 (2) and 9.
Maximum size 30m2. setback.
Maximum height 2.7m.
Must facilitate maintenance of the trade
waste device and enable all weather use.
Must be constructed of materials that
match or complement the design and
appearance of existing buildings.
| Charity bins or clothing and recycling | Exempt only in Zones 3 (1), 3 (2), 4 (1), | |||||
| bins | 4 (2) and 4 (3). Must not result in more than 3 bins in any one location. Must be located wholly on private property and not in a public place. | |||||
| Demolition | 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 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 2601—2001, Demolition of structures. | |||||
| Earthworks (rural) | Exempt only in Zone 1 (1). Must not be for domestic purposes. Must constitute one or more of the following: | |||||
|
2010 No 218
Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)
| Amendment of Lake Macquarie Local Environmental Plan 2004 | Schedule 1 |
| Column 1 | Column 2 | |||
| Erection (or installation) and use, | Circumstances where exempt | |||
| or carrying out, of the following: | ||||
| ||||
| Fuel tanks—used in conjunction with | Exempt only in Zones 1 (1), 1 (2), 7 (2), | |||
| agricultural activities or home business | 7 (3), 7 (5) and 9. | |||
| for which consent has been granted | Maximum size 5,000 litres. Must be located wholly within the boundaries of the property. Must be bunded with capacity to contain at least 125% of the capacity of the fuel tank. Must be constructed of prefabricated metal, be free-standing and not rely on other structures for support. | |||
| 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 dwellings. | ||||
| Hail protection | Exempt only in Zones 1 (1) and 1 (2). Must be ancillary to agricultural use and consisting of light construction (eg poles, wire and mesh). | |||
| Retaining walls | 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. |
2010 No 218
Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)
| Schedule 1 | Amendment of Lake Macquarie Local Environmental Plan 2004 |
| Column 1 | Column 2 | |||
| Erection (or installation) and use, | Circumstances where exempt | |||
| or carrying out, of the following: | ||||
| of without causing a nuisance to adjoining owners. | ||||
| Must cause surface water to be disposed following Australian Standards: | ||||
| ||||
| Shade structures (bird nets and the like) | Exempt only in Zone 1 (1). Must be ancillary to agriculture. | |||
| Signs (see below for additional | Exempt in all Zones (except where | |||
| requirements for particular sign types) | otherwise specified below for particular | |||
| Note. The replacement of existing building | sign types). | |||
| identification signs and business identification | General criteria: | |||
| signs (within the meaning of the standard | ||||
| instrument prescribed by the Standard |
|
| Instrument (Local Environmental Plans) Order | 4 (2) or 4 (3), except as otherwise |
| 2006) is exempt development under State | specified elsewhere in this Table |
| Environmental Planning Policy (Exempt and | in relation to particular sign types, |
| Complying Development Codes) 2008. | and |
| (b) | Zones, except as otherwise specified elsewhere in this Table |
maximum area 1m2 in all other and
| (c) | must not cover mechanical ventilation inlet or outlet vents, and |
| (d) | over a public road, must be at least 600mm from kerb or roadway edge, and |
| (e) |
must not be illuminated or use for illumination, and
2010 No 218
Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)
| Amendment of Lake Macquarie Local Environmental Plan 2004 | Schedule 1 |
| Column 1 | Column 2 | ||
| Erection (or installation) and use, | Circumstances where exempt | ||
| or carrying out, of the following: | |||
|
on public land, must not be poles, and
| (h) | must be 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, material.
Signs used for display of the following:
| (a) | Business identification signs in | Only exempt in Zones 2 (1) and 2 (2). | |||
| residential areas | Must satisfy general criteria above. Maximum area 1m2. Must be located and erected on the 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 ground level. | ||||
| (b) | Business identification signs in | Only exempt in Zones 3 (1) and 3 (2). | |||
| commercial areas | Suspended under awning signs: | ||||
|
must not affect the structural building, and
2010 No 218
Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)
| Schedule 1 | Amendment of Lake Macquarie Local Environmental Plan 2004 |
| Column 1 | Column 2 | |||||||
| Erection (or installation) and use, | Circumstances where exempt | |||||||
| or carrying out, of the following: | ||||||||
| ||||||||
| Vertical or horizontal projecting wall | ||||||||
| signs: | ||||||||
|
must not affect the structural 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 2.5m2. |
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 2.5m2. |
2010 No 218
Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)
| Amendment of Lake Macquarie Local Environmental Plan 2004 | Schedule 1 |
| Column 1 | Column 2 | |||||||||||
| Erection (or installation) and use, | Circumstances where exempt | |||||||||||
| or carrying out, of the following: | ||||||||||||
| Top hamper signs: | ||||||||||||
|
| (c) | Business identification signs in | Only exempt in Zones 4 (1), 4 (2), 4 (3) |
| industrial areas | and 9. Must satisfy general criteria above. Must be securely fixed by metal supports. If located over a public road, must be 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. Maximum area 2.5m2. | |
| (d) | Real estate signs (advertising | Only exempt in Zones 1 (1), 1 (2), 2 (1), |
| premises or land for sale or rent) in | 7 (1), 7 (2), 7 (3), 7 (4) and 7 (5). | |
| rural, residential and | Must satisfy general criteria above. | |
| environmental protection areas | Maximum area 2.5m2. Must be freestanding or attached to an existing approved structure eg fence, dwelling house or garage. Must be located and erected on the site to which they relate. Maximum 2 signs per street frontage. |
2010 No 218
Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)
| Schedule 1 | Amendment of Lake Macquarie Local Environmental Plan 2004 |
| Column 1 | Column 2 |
| Erection (or installation) and use, | Circumstances where exempt |
| or carrying out, of the following: |
| (e) | Real estate signs (advertising | Only exempt in Zone 2 (2). |
| premises or land for sale or rent) in | Must satisfy general criteria above. | |
| residential (urban living) areas | Maximum area 4.5m2. Must be freestanding or attached to an existing approved structure eg fence. Must be located and erected on the site to which they relate. Must not detract from the amenity of adjoining and adjacent land owners. Maximum 2 signs per street frontage. | |
| (f) | Real estate signs (advertising | Only exempt in Zones 3 (1), 3 (2), 4 (1), |
| approved premises or land for sale | 4 (2), 4 (3), 5 and 6 (2). | |
| or rent) in commercial, industrial, | Must satisfy general criteria above. | |
| infrastructure and tourist areas | Maximum area 10m2. Must have structural certification. Must be located and erected on the 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 leased. | |
| (g) | Directional real estate signs | Only exempt in Zones 1 (1), 1 (2), 2 (1), |
| (advertising approved | 2 (2), 3 (1), 3 (2), 4 (1), 4 (2), 4 (3), 5, | |
| subdivisions) in rural, residential, | 6 (2), 9 and 10. | |
| commercial, industrial, | Must satisfy general criteria above. | |
| infrastructure, tourist, natural | In Zones 1 (1), 1 (2), 2 (1) and 2 (2), | |
| resource and investigation areas | maximum area 4.5m2. | |
| In Zones 3 (1), 3 (2), 4 (1), 4 (2), 4 (3), 5, | ||
| 6 (2), 9 and 10, maximum area 6m2. | ||
| Two sign boards joined together (eg on a corner site) are treated as 2 separate signs. Must be freestanding or attached to an | ||
| dwelling house or garage. Must be located within a 3km radius of the approved subdivisions to which the signs relate. | ||
| existing approved structure eg fence, radius. |
2010 No 218
Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)
| Amendment of Lake Macquarie Local Environmental Plan 2004 | Schedule 1 |
| Column 1 | Column 2 |
| Erection (or installation) and use, | Circumstances where exempt |
| or carrying out, of the following: | |
| 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. | |
| If the nearest major arterial road or whole, not to individual lots. | |
| Silos | 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 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. Minimum front setback 30m. |
| Temporary structures— tents used for | Only exempt in Zones 1 (1), 1 (2), 2 (1), |
| short term accommodation | 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 Home Estates, Caravan Parks, Camping 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 nuisance to adjoining properties. |
2010 No 218
Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)
| Schedule 1 | Amendment of Lake Macquarie Local Environmental Plan 2004 |
| Column 1 | Column 2 |
| Erection (or installation) and use, | Circumstances where exempt |
| or carrying out, of the following: | |
| Siting of tents must not create any noise nuisance arising from the use of the tent. Must be setback a minimum 1.5m from all boundaries. |
[27] Schedule 2
Omit the Schedule. Insert instead:
|
(Clause 24)
| Part 1 | Preliminary |
1 Definitions
|
| (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. |
2010 No 218
Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)
| Amendment of Lake Macquarie Local Environmental Plan 2004 | Schedule 1 |
| (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
|
| (a) | minimum area—1,000m2, |
| (b) | maximum area—1,500m2, |
| (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—250m2.
2010 No 218
Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)
| Schedule 1 | Amendment of Lake Macquarie Local Environmental Plan 2004 |
6 Any type of subdivision of approved small lot housing
|
| (a) | be not less than 300m2, but not more than 450m2, 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)
|
| (a) | standard corner lot: | |||
| ||||
| (b) | other standard lot: | |||
|
| (2) | Irregular lot: | |
|
(i) minimum area—600m2,
(ii) must have a rectangular building area with a minimum area of 250m2 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: | |||
| ||||
| (c) | other irregular lot: | |||
|
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Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)
| Amendment of Lake Macquarie Local Environmental Plan 2004 | Schedule 1 |
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
|
| (a) | be not less than 200m2, but not more than 450m2, 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)
|
| (a) | standard corner lot: | |||
| ||||
| (b) | other standard lot: | |||
|
| (2) | Irregular lot: | |
|
(i) minimum area—1,500m2,
(ii) must have a rectangular building area with a minimum area of 900m2 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,
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| Schedule 1 | Amendment of Lake Macquarie Local Environmental Plan 2004 |
| (b) | irregular corner lot: | |||
| ||||
| (c) | other irregular lot: | |||
|
| 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
|
| (a) | minimum area—4,000m2, |
| (b) | minimum width—40m. |
| (2) | Irregular lot: | |
|
(i) minimum area—4,000m2,
(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: | |||
|
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Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)
| Amendment of Lake Macquarie Local Environmental Plan 2004 | Schedule 1 |
| Part 9 | Zone 4 (2) Industrial (General) |
14 All types of subdivision
|
| (a) | minimum area—1,500m2, |
| (b) | minimum width—25m. |
| (2) | Irregular lot: | |
|
(i) minimum area—1,500m2,
(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: | |||
|
| Part 10 | Zone 4 (3) Industrial (Urban Services) |
15 All types of subdivision
|
| (a) | minimum area—1,500m2, |
| (b) | minimum width—25m. |
| (2) | Irregular lot: | |
|
(i) minimum area—1,500m2,
(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: | |||
|
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| Schedule 1 | Amendment of Lake Macquarie Local Environmental Plan 2004 |
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
|
| 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
|
| (a) | minimum width—40m, |
| (b) | minimum slope of less than 1 in 5. |
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22 Subdivisions for purpose of community scheme
|
| (a) | minimum area—1,000m2, |
| (b) | maximum area—2,500m2, |
| (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
|
| (a) | minimum width—40m, |
| (b) | minimum slope of less than 1 in 5. |
25 Subdivisions for purpose of community scheme
|
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| Schedule 1 | Amendment of Lake Macquarie Local Environmental Plan 2004 |
| (2) | Community development lots: | |||||||||||
|
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.
[28] Schedule 3 Reclassification of community land as operational land
Insert in alphabetical order of locality in Columns 1, 2 and 3, respectively:
Belmont
|
Sheet 5 of the map marked “Lake Macquarie Local
Environmental Plan 2004 (Amendment No 28)”
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| Amendment of Lake Macquarie Local Environmental Plan 2004 | Schedule 1 |
| 65 Tudor Street | Part of Lot 1, DP 358543, as shown edged heavy black | Nil. |
| on Sheet 5 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)” | ||
| Edgeworth | ||
| 12 Huntly Close | Lot 158, DP 245903, as shown edged heavy black on | Nil. |
| Sheet 6 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)” | ||
| 8 Tona Close | Lot 157, DP 245903, as shown edged heavy black on | Nil. |
| Sheet 6 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)” |
[29] Schedule 3
Insert in numerical and alphabetical order of street number and name under the heading “Warners Bay” in columns 1, 2 and 3 respectively:
Warners Bay
|
Sheet 7 of the map marked “Lake Macquarie Local
Environmental Plan 2004 (Amendment No 28)”
| 25 Charles Street | Lot 1, DP 995571, as shown edged heavy black on | Nil. |
| Sheet 7 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)” | ||
| 27 Charles Street | Lot 3, Section 28, DP 111125, as shown edged heavy | Nil. |
| black on Sheet 7 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)” | ||
| 18 John Street | Lot 131, DP 529234, as shown edged heavy black on | Nil. |
| Sheet 7 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)” | ||
| 20 John Street | Lot 29, DP 745867, as shown edged heavy black on | Nil. |
| Sheet 7 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)” | ||
| 20 Lake Street | Lot 130, DP 529234, as shown edged heavy black on | Nil. |
| Sheet 7 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 28)” |
[30] Schedule 4 Heritage items other than of indigenous origins and including potential archaeological sites
| Omit “82 Marmong St” from the address relating to item BU-02 in Part 1. Insert instead “18 Marmong St”. |
2010 No 218
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| Schedule 1 | Amendment of Lake Macquarie Local Environmental Plan 2004 |
[31] Schedule 4, Part 1, item BU-02
| Omit “Lot 120, DP 855520” from the property description. Insert instead “Lot 8, DP 1001563”. |
[32] Schedule 4, Part 1, item CB-07
Omit the address. Insert instead “85 Kings Rd”.
[33] Schedule 4, Part 1, item CB-08
Omit the address. Insert instead “200 Martinsville Rd”.
[34] Schedule 4, Part 1, item CB-08
| Omit the property description. Insert instead “Pt Lot 7002, DP 93579 and Lot 1, DP 1095988”. |
[35] Schedule 4, Part 1, item GD-01
Omit the property description. Insert instead “Lot 100, DP 1100258”.
[36] Schedule 4, Part 1, item MV-01
Omit the address. Insert instead “495 Martinsville Rd”.
[37] Schedule 4, Part 1, item MV-04
Omit the address. Insert instead “324 Owens Rd”.
[38] Schedule 4, Part 1, item SS-02
Omit the property description. Insert instead “Lot 12, DP 1101804”.
[39] Schedule 4, Part 1, item TA-17
Omit the address. Insert instead “100 Rhonda Rd”.
[40] Schedule 4, Part 1, item TA-17
Omit the property description. Insert instead “Lot 101, DP 1073163”.
[41] Schedule 4, Part 1, item TT-29
Omit the property description. Insert instead “Lot 2122, DP 1116609”.
[42] Schedule 8 Land subject to special development requirements
Omit the matter relating to item 2 from Column 1.
| Insert instead “Land at Morisset Park, being Lot 1, DP 1107753 and Lots 31–34, DP 1117408.”. |
2010 No 218
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| Amendment of Lake Macquarie Local Environmental Plan 2004 | Schedule 1 |
[43] Schedule 8, item 3
Omit the matter from Column 1.
Insert instead “Land at Morisset Park in Zone 2 (1), being Lot 1, DP 1107753 and Lot 33, DP 1117408.”.
[44] Schedule 8, item 4
Omit “part of Lots 1–3, DP 218658 and Lot 30, DP 879072” from Column 1.
| Insert instead “Lots 101–131, DP 1081010, Lots 11–12, DP 1053624 and Lot 23, DP 1077488”. |
[45] Schedule 9 Consent to development subject to special requirements
Omit the matter relating to item 2 from Column 1.
Insert instead “Land at Cameron Park, being Lots 105–109 and 112–113 and 118, DP 1016351, Lots 202–206 and 210–216, DP 1070348, Lots 1151–1152, DP 1070457, Lot 789, DP 1071617, Lots 301–312, 317–321 and 324–336, DP 1089554, Lot 100, DP 1102166, Lot 1, DP 1113107, SP 79436, Lots 103–104, DP 1049681 and SP 79911, Stenhouse Drive, Kalinya Close, Farragher Way, Billbrooke Close, Cameron Park Drive, Cameron Park, being land in Zone 4 (1).”.
[46] Dictionary
Omit the definitions of bed and breakfast establishment, boarding house, bottle shop, bulky goods showroom, club, home business, home industry, home occupation, hotel, motel, sign and small lot housing.
Insert in alphabetical order:
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 |
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| Schedule 1 | Amendment of Lake Macquarie Local Environmental Plan 2004 |
| (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.
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.
club means the premises to which a club licence relates under the
Liquor Act 2007.
farm stay accommodation means tourist and visitor
accommodation provided to paying guests on a working farm as
a secondary business to primary production.
foreshore area means the land between the foreshore building
line and the mean high water mark of the nearest natural
waterbody.
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, |
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| Amendment of Lake Macquarie Local Environmental Plan 2004 | Schedule 1 |
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, |
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| Schedule 1 | Amendment of Lake Macquarie Local Environmental Plan 2004 |
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.
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.
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.
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.
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| Amendment of Lake Macquarie Local Environmental Plan 2004 | Schedule 1 |
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.
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.
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). |
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.
[47] Dictionary, definition of “mixed use development”
Insert “; bottle shops” after “restaurants”.
[48] Dictionary, definition of “potential archaeological site”
Insert “is” after “even if it” in paragraph (b).
[49] Dictionary, definition of “the map”
Insert in numerical order:
Lake Macquarie Local Environmental Plan (Amendment
No 28)—Sheets 1–5 and 8–10
0
0
0