Lake Macquarie Local Environmental Plan 2004 (Amendment No 29) (2009-223) LW 5 June 2009 (NSW)

2009 No 223

New South Wales

Lake Macquarie Local Environmental

Plan 2004 (Amendment No 29)

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. (NEW0005268/PC-1)

KRISTINA KENEALLY, MP

Minister for Planning

Published LW 5 June 2009	Page 1
2009 No 223

Clause 1 Lake Macquarie Local Environmental Plan 2004 (Amendment No 29)

Lake Macquarie Local Environmental Plan 2004

(Amendment No 29)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Lake Macquarie Local Environmental Plan 2004

(Amendment No 29).

2      Aims of plan

This plan aims to amend Lake Macquarie Local Environmental Plan

2004 as follows:

(a)	to rezone land referred to in clause 3 (1) from Zone 7 (2) Conservation (Secondary) Zone and Zone 10 Investigation Zone to Zone 4 (2) Industrial (General) Zone, Zone 4 (3) Industrial (Urban Services) Zone, Zone 5 Infrastructure Zone and Zone 7 (1) Conservation (Primary) Zone to facilitate industrial development, bulky goods retailing, road widening and environmental conservation,
(b)	to rezone land referred to in clause 3 (2) from Zone 1 (1) Rural (Production) Zone and Zone 7 (2) Conservation (Secondary) Zone to Zone 4 (3) Industrial (Urban Services) Zone and Zone 7 (1) Conservation (Primary) Zone to facilitate light industrial development, bulky goods retailing and environmental conservation,
(c)	to require a development control plan to be prepared pursuant to section 74D of the Environmental Planning and Assessment Act 1979 prior to development being carried out on land to which this plan applies.

3      Land to which plan applies

(1) With respect to the aim set out in clause 2 (a), this plan applies to Lots 1, 2, 3, 4, 7, 9 and 11, DP 262159, Lots 11 and 12, DP 777034, Lots 1, 2, 3 and 5, DP 10720, Lots 35 and 37, DP 9632, and Lot 2, DP 529914, Morisset, as shown edged heavy black on the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 29)” deposited in the office of the Council of the City of Lake Macquarie.

2009 No 223

Lake Macquarie Local Environmental Plan 2004 (Amendment No 29) Clause 3

(2)

With respect to the aim set out in clause 2 (b), this plan applies to

Lot 36, DP 9632, Morisset, as shown edged heavy black on that map.

(3)

With respect to the aim set out in clause 2 (c), this plan applies to the

land referred to in subclauses (1) and (2).

2009 No 223

Lake Macquarie Local Environmental Plan 2004 (Amendment No 29)

Schedule 1 Amendment of Lake Macquarie Local Environmental Plan 2004

Schedule 1

Amendment of Lake Macquarie Local

Environmental Plan 2004

[1]      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 Morisset, fronting	Provisions in a development
Mandalong Road and Gimberts	control plan specifically applying
Road, being Lots 1, 2, 3, 4, 7, 9	to the land, addressing the
and 11, DP 262159; Lots 11 and 12,	following matters, must have
DP 777034; Lots 1, 2, 3 and 5,	been adopted by the Council
DP 10720; Lots 35, 36 and 37,	before consent is granted to the
DP 9632, and Lot 2, DP 529914, as	carrying out of any development
shown edged heavy black on the map	on the land:
marked “Lake Macquarie Local	(a) arrangements for water,

Environmental Plan 2004	wastewater and
(Amendment No 29)”.	stormwater that minimize the impact of development on that part of the land in Zone 7 (1) Conservation (Primary) Zone,

(b)

measures to preserve

native vegetation on that

part of the land in

Zone 7 (1) Conservation

(Primary Zone),

(c)

bush fire risk management

measures,

(d)

arrangements for site

access, having regard to

general traffic, potential

bus routes, heavy vehicles,

cyclists and pedestrians,

(e)

measures to facilitate a

native fauna crossing

point in the section of

Gimberts Road adjacent to

Lot 4, DP 262159,

(f)

visual impact of future

industrial development on

the F3 Freeway and

an assessment of the likely adverse impact,

2009 No 223

Lake Macquarie Local Environmental Plan 2004 (Amendment No 29)

Amendment of Lake Macquarie Local Environmental Plan 2004 Schedule 1

(g)

a landscape master plan

for that part of the land in

Zone 4 (2) Industrial

(General) Zone or

Zone 4 (3) Industrial

(Urban Services) Zone,

(h)

a street representation of

proposed development

fronting Mandalong Road.

[2]      Dictionary

Insert in appropriate order in the definition of the map:

Lake Macquarie Local Environmental Plan 2004 (Amendment

No 29)