Lake Macquarie Local Environmental Plan 2004 (Amendment No 40) (2009-453) LW 4 September 2009 (NSW)

2009 No 453

New South Wales

Lake Macquarie Local Environmental

Plan 2004 (Amendment No 40)

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. (S09/01397-MA)

KRISTINA KENEALLY, MP

Minister for Planning

Published LW 4 September 2009	Page 1
2009 No 453

Clause 1 Lake Macquarie Local Environmental Plan 2004 (Amendment No 40)

Lake Macquarie Local Environmental Plan 2004

(Amendment No 40)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Lake Macquarie Local Environmental Plan 2004

(Amendment No 40).

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 as follows:

(a)	to amend Schedule 7 of the Lake Macquarie Local Environmental Plan 2004 to permit, with consent, development for the purpose of dwellings, residential flat buildings, shops or commercial premises on certain land within Zone 6 (2) (Tourism and Recreation Zone) at Trinity Point, Morisset Park (the Trinity Point site),
(b)	to control the height, and foreshore setback, of buildings within the Trinity Point site,
(c)	to encourage the provision of residential and tourist accommodation, and to control the permitted number and mix of dwellings, residential flat buildings and accommodation for tourists, on the Trinity Point site,
(d)	to regulate the density of development on the Trinity Point site,
(e)	to ensure the significance of the Trinity Point site to the Aboriginal community is given regard by the consent authority.

4      Land to which Plan applies

This Plan applies to certain land situated at Trinity Point, Morisset Park as shown edged heavy black on the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 40) Site Identification Map” deposited in the office of the Council of the City of Lake Macquarie.

2009 No 453

Lake Macquarie Local Environmental Plan 2004 (Amendment No 40)

Amendment of Lake Macquarie Local Environmental Plan 2004 Schedule 1

Schedule 1

Amendment of Lake Macquarie Local

Environmental Plan 2004

Schedule 7 Additional development allowed on certain land

Insert at the end of the Schedule in Columns 1 and 2 with appropriate item numbering:

Land at Trinity Point, Morisset Park	Development for the purpose of
as shown edged heavy black on the	dwellings, residential flat buildings,
map marked “Lake Macquarie Local	shops or commercial premises, but
Environmental Plan 2004	only if:
(Amendment No 40) Site	(a) such dwellings, residential flat

Identification Map” deposited in the

buildings, shops or

office of the Council of the City of

commercial premises are

Lake Macquarie.

constructed as part of a tourist

resort, and

(b) residential accommodation

the total number of tourist and will not exceed 150, and

(c)

no more than half of such units accommodation, and

(d)

any shops and commercial

premises within the resort do

not exceed a total floor area of 550m2 and are of a nature and

scale that reflect the needs of

the tourist resort and local

community, and

(e)

a transition of building heights is provided between the Lake and street blocks, and

(f)

achieved for all buildings,

while maintaining satisfactory

views from the adjoining land

a high quality urban form is the Lake, and

(g) view sharing is provided along the edges of the Lake, and

2009 No 453

Lake Macquarie Local Environmental Plan 2004 (Amendment No 40)

Schedule 1 Amendment of Lake Macquarie Local Environmental Plan 2004

(h)

land will not exceed the

maximum height shown for

the land on the map marked

“Lake Macquarie Local

Environmental Plan 2004

(Amendment No 40) Height of

Buildings” deposited in the

the height of a building on any City of Lake Macquarie, and

(i)

the consent authority is

satisfied that the proposed

development achieves the

following:

(i)

appropriate height to

plan width proportions

that are compatible

with the massing, street

frontage and building

forms within the

locality,

(ii)

building heights that

complement the height

of buildings on

adjacent land,

(iii)

active street frontages,

and

(j)

the consent authority is

satisfied, having regard to the

nature of the tourist resort and

its relationship to surrounding

land uses, that the granting of

consent for any such

development will not result in:

(i)

land on which the

development is carried

out being for any

the dominant use of the tourist resort, or

(ii)       the uneven distribution, or clustering, of tourist and residential

accommodation

throughout the tourist

resort, and

2009 No 453

Lake Macquarie Local Environmental Plan 2004 (Amendment No 40)

Amendment of Lake Macquarie Local Environmental Plan 2004 Schedule 1

(k)

satisfied that the development

will include an Aboriginal

education centre to provide

visitors and residents with

information about Aboriginal

cultural and heritage values

and that the Aboriginal midden

located on the southern

the consent authority is appropriate protection, and

(l) setback of 6m from the

any building has a minimum DP 1117408.