Lake Macquarie Local Environmental Plan 2004 (Amendment No 32) (2008-573) Gazette No 157 of 12 December 2008, page 12211 (NSW)

2008 No 573

New South Wales

Lake Macquarie Local Environmental

Plan 2004 (Amendment No 32)

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. (N07/00138/PC)

KRISTINA KENEALLY, M.P.,

Minister for Planning

Published in Gazette No 157 of 12 December 2008, page 12211	Page 1
2008 No 573

Clause 1 Lake Macquarie Local Environmental Plan 2004 (Amendment No 32)

Lake Macquarie Local Environmental Plan 2004

(Amendment No 32)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Lake Macquarie Local Environmental Plan 2004

(Amendment No 32).

2      Aims of plan

This plan aims to amend Lake Macquarie Local Environmental Plan

2004 as follows:

(a)	to reclassify land referred to in clause 3 (1), from community land to operational land within the meaning of the Local Government Act 1993, and to rezone that land from Zone 6 (1) Open Space Zone to Zone 6 (2) Tourism and Recreation Zone, to enable sale of the land,
(b)	to reclassify land referred to in clause 3 (2), from community land to operational land, and to rezone that land from Zone 5 Infrastructure Zone to Zone 2 (1) Residential Zone, to enable sale of the land,
(c)	to reclassify land referred to in clause 3 (3), from community land to operational land, to enable the development of the land in line with the current zoning,
(d)	to reclassify the land referred to in clause 3 (4), from community land to operational land, to enable sale of the land to the adjoining owner,
(e)	to reclassify the land referred to in clause 3 (5), from community land to operational land, to enable sale of the land to the adjoining owner,
(f)	to reclassify the land referred to in clause 3 (6), from community land to operational land, to enable future development of the land in line with the current zoning,
(g)	to reclassify the land referred to in clause 3 (7), from community land to operational land, and to rezone the land from Zone 6 (1) Open Space Zone to Zone 3(1) Urban Centre (Core) Zone, to enable future development of the land as an urban centre,

2008 No 573

Lake Macquarie Local Environmental Plan 2004 (Amendment No 32) Clause 3

(h) to reclassify the land referred to in clause 3 (8), from community land to operational land, to enable dedication of the land as a public road.

3      Land to which plan applies

(1)	With respect to the aim referred to in clause 2 (a), this plan applies to Lot 11, DP 1097938 (175 Myall Road, Cardiff), as shown edged heavy black and lettered “6 (2)” on Sheet 1 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 32)” deposited in the office of Lake Macquarie City Council.
(2)	With respect to the aim referred to in clause 2 (b), this plan applies to Lot 8, DP 244002 (25 Chifley Road, Morisset Park), as shown edged heavy black and lettered “2 (1)” on Sheet 2 of that map.
(3)	With respect to the aim referred to in clause 2 (c), this plan applies to Lot 421, DP 785216 and Lots 41, 38, 37 and 36, DP 5688 (4, 16 and 22-26 Josephson Street, Swansea) and Lot 2, DP 529225 (104c Pacific Highway, Swansea), as shown edged heavy black on Sheet 3 of that map.
(4)	With respect to the aim referred to in clause 2 (d), this plan applies to Lot 94, DP 9673 (32a Victory Parade, Toronto), as shown edged heavy black on Sheet 4 of that map.
(5)	With respect to the aim referred to in clause 2 (e), this plan applies to Lot 526, DP 859786 (9 Ashton Close, Warners Bay), as shown edged heavy black on Sheet 5 of that map.
(6)	With respect to the aim referred to in clause 2 (f), this plan applies to Lot 1, DP 797827 (47 Charles Street, Warners Bay), Lot 21, Section 28, DP 111125, Lot 20, DP 91634, Lot 19, DP 738537 and Lot 1, DP 782508 (36–42 John Street, Warners Bay) and Lots 1 and 2, DP 521740 (63 King Street, Warners Bay), as shown edged heavy black on Sheet 6 of that map.
(7)	With respect to the aim referred to in clause 2 (g), this plan applies to Lot 50, DP 623626, Lot 4, DP 1002071 and Lot 1, DP 745901 (57–61 King Street, Warners Bay), as shown edged heavy black and lettered “3 (1)” on Sheet 7 of that map.
(8)	With respect to the aim referred to in clause 2 (h), this plan applies to Lot 1, DP 661964 (1c John Street, Warners Bay), as shown edged heavy black on Sheet 6 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.

2008 No 573

Lake Macquarie Local Environmental Plan 2004 (Amendment No 32)

Schedule 1 Amendments

Schedule 1 Amendments

(Clause 4)

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

Insert in alphabetical order of locality in Columns 1, 2 and 3, respectively:

Cardiff

175 Myall Road Lot 11, DP 1097938, as Easement for drainage

shown edged heavy black

(DP 1097938) as noted on

on Sheet 1 of the map

Certificate of Title Folio

marked “Lake Macquarie

Identifier 11/1097938.

Local Environmental Plan

2004 (Amendment

No 32)”

Morisset Park

25 Chifley Road	Lot 8, DP 244002, as	Nil.
shown edged heavy black on Sheet 2 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 32)”

[2]      Schedule 3

Insert in alphabetical and numerical order of street name and number under the heading “Swansea” in Columns 1, 2 and 3, respectively:

4 Josephson Street Lot 421, DP 785216, as Nil.

shown edged heavy black

on Sheet 3 of the map

marked “Lake Macquarie

Local Environmental Plan

2004 (Amendment

No 32)”

16 Josephson Street	Lot 41, DP 5688, as shown	Nil.
edged heavy black on Sheet 3 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 32)”

2008 No 573

Lake Macquarie Local Environmental Plan 2004 (Amendment No 32)

Amendments Schedule 1

22 Josephson Street	Lot 38, DP 5688, as shown	Nil.
edged heavy black on Sheet 3 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 32)”
24 Josephson Street	Lot 37, DP 5688, as shown	Nil.
edged heavy black on Sheet 3 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 32)”
26 Josephson Street	Lot 36, DP 5688, as shown	Any lease that is registered
edged heavy black on	by 30 June 2009 and noted
Sheet 3 of the map marked	on Certificate of Title
“Lake Macquarie Local	Folio Identifier 36/5688.
Environmental Plan 2004 (Amendment No 32)”
104c Pacific Highway	Lot 2, DP 529225, as	Nil.
shown edged heavy black on Sheet 3 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 32)”

[3]      Schedule 3

Insert in alphabetical and numerical order of street name and number under the heading “Toronto” in Columns 1, 2 and 3, respectively:

32a Victory Parade Lot 94, DP 9673, as shown Nil.

edged heavy black on

Sheet 4 of the map marked

“Lake Macquarie Local

Environmental Plan 2004

(Amendment No 32)”

2008 No 573

Lake Macquarie Local Environmental Plan 2004 (Amendment No 32)

Schedule 1 Amendments

[4]      Schedule 3

Insert in alphabetical and numerical order of street name and number under the heading “Warners Bay” in Columns 1, 2 and 3, respectively:

9 Ashton Close Lot 526, DP 859786, as Nil.

shown edged heavy black

on Sheet 5 of the map

marked “Lake Macquarie

Local Environmental Plan

2004 (Amendment

No 32)”

47 Charles Street	Lot 1, DP 797827, as	Nil.
shown edged heavy black on Sheet 6 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 32)”
1c John Street	Lot 1, DP 661964, as	Nil.
shown edged heavy black on Sheet 6 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 32)”
36 John Street	Lot 21, Section 28,	Easement for electricity
DP 111125, as shown	(Book 3721 No 878) as
edged heavy black on	noted on Certificate of
Sheet 6 of the map marked	Title Folio Identifier
“Lake Macquarie Local	21/28/111125.
Environmental Plan 2004 (Amendment No 32)”
38 John Street	Lot 20, DP 91634, as	Right of carriageway (DP
shown edged heavy black	1022769) as noted on
on Sheet 6 of the map	Certificate of Title Folio
marked “Lake Macquarie	Identifier 20/91634.
Local Environmental Plan 2004 (Amendment No 32)”

2008 No 573

Lake Macquarie Local Environmental Plan 2004 (Amendment No 32)

Amendments Schedule 1

40 John Street	Lot 19, DP 738537, as	Right of carriageway
shown edged heavy black	(DP 1022769) as noted on
on Sheet 6 of the map	Certificate of Title Folio
marked “Lake Macquarie	Identifier 19/738537.
Local Environmental Plan 2004 (Amendment No 32)”
42 John Street	Lot 1, DP 782508, as	Nil.
shown edged heavy black on Sheet 6 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 32)”
57 King Street	Lot 50, DP 623626, as	Lease to Warners Bay
shown edged heavy black	Early Learning and Care
on Sheet 7 of the map	Incorporated (AA805618)
marked “Lake Macquarie	(expires 7/12/08) as noted
Local Environmental Plan	on Certificate of Title
2004 (Amendment	Folio Identifier 50/623626.
No 32)”
59 King Street	Lot 4, DP 1002071, as	Lease to Warners Bay
shown edged heavy black	Early Learning and Care
on Sheet 7 of the map	Incorporated (AA805618)
marked “Lake Macquarie	(expires 7/12/08) as noted
Local Environmental Plan	on Certificate of Title
2004 (Amendment	Folio Identifier 4/1002071.
No 32)”
61 King Street	Lot 1, DP 745901, as	Lease to Warners Bay
shown edged heavy black	Early Learning and Care
on Sheet 7 of the map	Incorporated (AA805618)
marked “Lake Macquarie	(expires 7/12/08) as noted
Local Environmental Plan	on Certificate of Title
2004 (Amendment	Folio Identifier 1/745901.
No 32)”
63 King Street	Lots 1 and 2, DP 521740,	Nil.
as shown edged heavy black on Sheet 6 of the map marked “Lake
Macquarie Local Environmental Plan 2004 (Amendment No 32)”

2008 No 573

Lake Macquarie Local Environmental Plan 2004 (Amendment No 32)

Schedule 1 Amendments

[5]      Dictionary

Insert in appropriate order in the definition of the map:

Lake Macquarie Local Environmental Plan 2004 (Amendment

No 32)—Sheets 1, 2 and 7

BY AUTHORITY