Lake Macquarie Local Environmental Plan 2004 (Amendment No 41) (2010-4) LW 15 January 2010 (NSW)

2010 No 4

New South Wales

Lake Macquarie Local Environmental

Plan 2004 (Amendment No 41)

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. (N07/00092/PC-1)

TONY KELLY, MLC Minister for Planning

Published LW 15 January 2010	Page 1
2010 No 4

Clause 1 Lake Macquarie Local Environmental Plan 2004 (Amendment No 41)

Lake Macquarie Local Environmental Plan 2004

(Amendment No 41)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Lake Macquarie Local Environmental Plan 2004

(Amendment No 41).

2      Commencement

This Plan commences on the day on which it is published on the NSW legislation website.

3      Land to which Plan applies

This Plan applies to certain land in the City of Lake Macquarie, at

Morisset, being:

(a)

land in the vicinity of Gimberts Road, Freemans Drive, Stockton and Eyre Streets, Goodwins Road and Coorumbung, Awaba, Wellings, Kahibah and Wyong Streets and a certain unnamed road, Morisset, as shown edged heavy black and lettered “1 (2)”, “2 (1)”, “2 (2)”, “3 (1)”, “6 (2)” or “7 (1)” on Sheet 1 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 41)” deposited in the office of Lake Macquarie City Council, and

(b)

land in the vicinity of Terrigal, Awaba and Wamberal Streets, Ettalong Road and a certain unnamed road, Morisset, as shown edged heavy black and lettered “2 (1)” on Sheet 2 of that map.

2010 No 4

Lake Macquarie Local Environmental Plan 2004 (Amendment No 41)

Amendment of Lake Macquarie Local Environmental Plan 2004 Schedule 1

Schedule 1

Amendment of Lake Macquarie Local

Environmental Plan 2004

[1]      Clause 62 Public infrastructure in urban release areas

Insert in appropriate order in the definition of urban release area in clause 62 (8):

Lake Macquarie Local Environmental Plan 2004 (Amendment

No 41)

[2]      Schedule 8 Land subject to special development requirements

Insert at the end of the Schedule, with an appropriate item number, under the headings “Column 1” and “Column 2”, respectively:

Land at Morisset, being:

Provisions in a development

control plan specifically applying

(a)

land in the vicinity of

Gimberts Road, Freemans	to the land must have been
Drive, Stockton and Eyre	prepared by the Council before
Streets, Goodwins Road and	consent is granted to the carrying
Coorumbung, Awaba,	out of any development on the
Wellings, Kahibah and Wyong	land. The provisions are to
Streets and a certain unnamed	include, but are not limited to, the
road, as shown edged heavy	following matters:

black and lettered “1 (2)”, (a) conceptual street layout,

“2 (1)”, “2 (2)”, “3 (1)”, “6	including pedestrian and
(2)” or “7 (1)” on Sheet 1 of	cycle paths,

the map marked “Lake (b) location and staging of

Macquarie Local

stormwater management

Environmental Plan 2004

facilities, including

(Amendment No 41)”, and

detention basins, to

minimise impact on land in

Zone 7 (1) Conservation

(Primary) Zone,

2010 No 4

Lake Macquarie Local Environmental Plan 2004 (Amendment No 41)

Schedule 1	Amendment of Lake Macquarie Local Environmental Plan 2004
(b) land in the vicinity of Terrigal, (c) location and staging of

Awaba and Wamberal Streets,

water and wastewater

Ettalong Road and a certain

infrastructure, including

unnamed road, as shown

mains and pump stations,

edged heavy black and lettered

to minimise impact on land

“2 (1)” on Sheet 2 of that map.

in Zone 7 (1) Conservation

(Primary) Zone,

(d)

preservation and

management of native

vegetation on that part of

the land in Zone 7 (1)

Conservation (Primary)

Zone,

(e)

bushfire risk management,

(f)

detailed design parameters for road construction in a section of Awaba Street

adjacent to Lot 75,

DP 755242, to facilitate a

native fauna crossing

point,

(g)

a landscape master plan for residential areas,

(h)

overall staging of the

development.

[3]      Dictionary

Insert in appropriate order in the definition of the map:

Lake Macquarie Local Environmental Plan 2004 (Amendment

No 41)