Lake Macquarie Local Environmental Plan 2004 (Amendment No 36) (2009-497) LW 2 October 2009 (NSW)

2009 No 497

New South Wales

Lake Macquarie Local Environmental

Plan 2004 (Amendment No 36)

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. (NEW0004631/PC)

KRISTINA KENEALLY, MP

Minister for Planning

Published LW 2 October 2009	Page 1
2009 No 497

Clause 1 Lake Macquarie Local Environmental Plan 2004 (Amendment No 36)

Lake Macquarie Local Environmental Plan 2004

(Amendment No 36)

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Lake Macquarie Local Environmental Plan 2004

(Amendment No 36).

2      Aims of plan

This plan aims:

(a)	to rezone the land to which this plan applies from Zone 1 (1) Rural (Production) Zone and Zone 7 (2) Conservation (Secondary) Zone to Zone 2 (1) Residential Zone and Zone 7 (2) Conservation (Secondary) Zone, respectively, and
(b)	to require a development control plan to be prepared pursuant to section 74D of the Environmental Planning and Assessment Act 1979 before development is carried out on land to which this plan applies, and
(c)	to include the land to which this plan applies in the definition of urban release area in clause 62 (8) of the Lake Macquarie Local Environmental Plan 2004,

so as to enable the development, subject to conservation and public

infrastructure considerations, of approximately 250 lots.

3      Land to which plan applies

In so far as this plan:

(a)	rezones land to Zone 2 (1) Residential Zone, this plan applies to Lot 3, DP 228684, Part Lot 5001, DP 585398, Part Lot 1, DP 9149, Lots 2–24, DP 9149 and Part Lot 1, DP 134235, as shown edged heavy black and lettered “2 (1)” on Sheet 1 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 36)” deposited in the office of the Council of the City of Lake Macquarie, and
(b)	rezones land to Zone 7 (2) Conservation (Secondary) Zone, this plan applies to Part Lot 5001, DP 585398, Part Lot 1, DP 9149, and Part Lot 1, DP 134235, as shown edged heavy black and

2009 No 497

Lake Macquarie Local Environmental Plan 2004 (Amendment No 36) Clause 3

lettered “7 (2)” on Sheet 1 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 36)” deposited in the office of the Council of the City of Lake Macquarie.

2009 No 497

Lake Macquarie Local Environmental Plan 2004 (Amendment No 36)

Schedule 1 Amendment of Lake Macquarie Local Environmental Plan 2004

Schedule 1

Amendment of Lake Macquarie Local

Environmental Plan 2004

[1]      Clause 62 Public infrastructure in urban release areas

Omit paragraph (c) from the definition of designated State public infrastructure in clause 62 (8).

[2]      Clause 62 (8)

Insert in appropriate order in the definition of urban release area:

Lake Macquarie Local Environmental Plan 2004 (Amendment

No 36)—Sheet 1

[3]      Schedule 8 Land subject to special development requirements

Insert at the end of Schedule 8:

6 Land at Dora Creek, being Lot 3, A development control plan for the land

DP 228684, Lot 5001, DP

must have been prepared before consent

585398, Lots 1–24, DP 9149 and

is granted for any development. The

Lot 1, DP 134235, as shown

development control plan must include a

edged heavy black on Sheet 1 of

structure plan for the site and provisions

the map marked “Lake

in respect of, but not limited to:

Macquarie Local Environmental

(a) desired future character, and

Plan 2004 (Amendment No 36)”

(b)	preferred lot and dwelling types, and
(c)	reflect identified vistas,

subdivision and street design to tree planting, and

(d)	restoration and reuse of the existing homestead, and
(e)

pedestrian and cycleway links Creek rail station and town centre, and

(f)

protection of environmentally

sensitive areas and adjacent

SEPP 14 wetland, and

(g)

location of suitable open space, and

(h)

traffic network, and

2009 No 497

Lake Macquarie Local Environmental Plan 2004 (Amendment No 36)

Amendment of Lake Macquarie Local Environmental Plan 2004 Schedule 1

(i)

built form controls (setbacks,

fencing elements, building

facades, articulation of corner

dwellings etc), and

(j)

water sensitive urban design

measures, and

(k)

preparation of Mosquito

Management Plan, and

(j)

preparation of a Travel Demand Management Strategy.

[4]      Dictionary

Insert in appropriate order in the definition of the map:

Lake Macquarie Local Environmental Plan 2004 (Amendment

No 36)