Lake Macquarie Local Environmental Plan 2004 (Amendment No 3) (2006-430) [GG No 98 of 4.8.2006, p 6103] (NSW)

2006 No 430

New South Wales

Lake Macquarie Local Environmental

Plan 2004 (Amendment No 3)

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. (N04/00152/S69)

FRANK SARTOR, M.P.,

Minister for Planning

Published in Gazette No 98 of 4 August 2006, page 6103	Page 1
2006 No 430

Clause 1 Lake Macquarie Local Environmental Plan 2004 (Amendment No 3)

Lake Macquarie Local Environmental Plan 2004

(Amendment No 3)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Lake Macquarie Local Environmental Plan 2004

(Amendment No 3).

2      Aims of plan

This plan aims:

(a)	to reclassify part of the land to which this plan applies from community land to operational land (within the meaning of the Local Government Act 1993), to rezone that land to the Zone 2 (1) Residential Zone under Lake Macquarie Local Environmental Plan 2004 (the 2004 plan) and to restrict development on the land to development for the purpose of a children’s playground, and
(b)	to reclassify the remaining land from community land to operational land, to rezone that land to the Zone 2 (1) Residential Zone under the 2004 plan and to restrict development on the land to development for the purpose of car parking (and any associated works).

3      Land to which plan applies

(1)	In respect of the aim set out in clause 2 (a), this plan applies to part of Lot 63, DP 570307, 1A Water Street, Cardiff South, as shown edged heavy black and lettered “2 (1)” on Sheet 1 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 3)” deposited in the office of the Council of the City of Lake Macquarie.
(2)	In respect of the aim set out in clause 2 (b), this plan applies to part of Lot PT 4, DP 227813, 1A Lawson Road, Macquarie Hills, and Lot 51, DP 790843, 2B Blaxland Road, Macquarie Hills, as shown edged heavy black and lettered “2 (1)” on Sheets 2 and 3, respectively, of that map.

4 Amendment of Lake Macquarie Local Environmental Plan 2004

Lake Macquarie Local Environmental Plan 2004 is amended as set out in Schedule 1.

2006 No 430

Lake Macquarie Local Environmental Plan 2004 (Amendment No 3)

Amendments Schedule 1

Schedule 1 Amendments

(Clause 4)

[1]      Clause 42A

Insert after clause 42:

42A Restricted development

Despite any other provision of this plan, the only development permissible on land described in Column 1 of Schedule 11 is development specified for the land in Column 2 of that Schedule.

[2]      Clause 61 Reclassification of community land as operational land

Omit clause 61 (2). Insert instead:

(2)

In accordance with section 30 of the Local Government Act 1993, land described in Columns 1 and 2 of Schedule 3, to the extent (if any) that it is a public reserve, ceases to be a public reserve on the commencement of the relevant amending plan and, by the operation of that plan, is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land except:

(a)	those (if any) specified for the land in Column 3 of Schedule 3, and
(b)	any reservations that except land out of a Crown grant relating to the land, and
(c)	reservations of minerals (within the meaning of the Crown Lands Act 1989).

[3]      Schedule 3 Reclassification of community land as operational land

Insert:

Column 1	Column 2	Column 3
Locality	Description	Trusts etc not discharged

Cardiff South

1A Water Street Part of Lot 63, DP 570307, as shown edged Nil.

heavy black on Sheet 1 of the map marked

“Lake Macquarie Local Environmental

Plan 2004 (Amendment No 3)”.

2006 No 430

Lake Macquarie Local Environmental Plan 2004 (Amendment No 3)

Schedule 1 Amendments

Column 1	Column 2	Column 3
Locality	Description	Trusts etc not discharged
Macquarie Hills
2B Blaxland Road	Lot 51, DP 790843, as shown edged heavy	Easement for
black on Sheet 3 of the map marked “Lake	transmission
Macquarie Local Environmental Plan	line (K556111)
2004 (Amendment No 3)”.	as noted on Certificate of Title Folio Identifier 51/790843.
1A Lawson Road	Part of Lot PT4, DP 227813, as shown	Nil.
edged heavy black on Sheet 2 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 3)”.

[4]      Schedule 11

Insert after Schedule 10:

Schedule 11 Restricted development

(Clause 42A)

Item No	Column 1	Column 2
1	Land at Cardiff South, being part of	Children’s playground associated
Lot 63, DP 570307, 1A Water	with the adjoining school.
Street, as shown edged heavy black on Sheet 1 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 3)”.
2	Land at Macquarie Hills, being part	Car parking (and any associated
of Lot PT4, DP 227813 (1A	works, including retaining walls,
Lawson Road) and Lot 51, DP	landscaping and fencing)
790843 (2B Blaxland Road), as	associated with the adjoining
shown edged heavy black on Sheets	church.
2 and 3, respectively, of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 3)”.

2006 No 430

Lake Macquarie Local Environmental Plan 2004 (Amendment No 3)

Amendments Schedule 1

[5]      Dictionary

Insert in appropriate order in the definition of the map:

Lake Macquarie Local Environmental Plan 2004 (Amendment

No 3)

BY AUTHORITY