Lake Macquarie Local Environmental Plan 2004 (Amendment No 61) (2013-229) LW 24 May 2013 (NSW)

2013 No 229

New South Wales

Lake Macquarie Local Environmental

Plan 2004 (Amendment No 61)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning and Infrastructure, make the following local environmental plan under the Environmental Planning and Assessment Act 1979.

RICHARD PEARSON

As delegate for the Minister for Planning and Infrastructure

Published LW 24 May 2013	Page 1
2013 No 229

Clause 1 Lake Macquarie Local Environmental Plan 2004 (Amendment No 61)

Lake Macquarie Local Environmental Plan 2004

(Amendment No 61)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Lake Macquarie Local Environmental Plan 2004

(Amendment No 61).

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 land in the vicinity of Bushells Ridge, Gorokan and

Hue Hue Roads at Wyee, being:

(a)	Lots 16 and 17, DP 870597, and
(b)	Lot 1, DP 785709, and
(c)	Lot 1, DP 244839, and
(d)	Lot 212, DP 866437, and
(e)	Lot 215, 860081, and
(f)	Lot 210, DP 846801, and
(g)	Lot 1, DP 103857, and
(h)	Lot 8, Section 10, DP 759124, and

(i)      Lots 202–400, DP 7506, and

(j)	Lot 185, DP 650204, and
(k)	Lot 9, DP 1058113, and
(l)	Lots 186–189, 323, 324, 428–431, 441–443, 472 and 473, DP 755242, and
(m)	Lot 1582, DP 1121660,

as shown edged heavy black on the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 61)” deposited in the office of Lake Macquarie City Council.

2013 No 229

Lake Macquarie Local Environmental Plan 2004 (Amendment No 61)

Amendment of Lake Macquarie Local Environmental Plan 2004 Schedule 1

Schedule 1

Amendment of Lake Macquarie Local

Environmental Plan 2004

[1]      Clause 42B

Insert after clause 42A:

42B Environmentally sensitive land

(1)

The objectives of this clause are as follows:

(a)	to ensure that adverse impacts of proposed development on environmentally sensitive land are minimised or offset,
(b)	to identify the land to which this clause applies as environmentally sensitive land.

(2)

This clause applies to the land shown edged heavy black on Sheet 2 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 61)”.

(3)

When assessing a development application for development on

land to which this clause applies, the Council must consider:

(a)	whether the proposed development will have an adverse impact on the condition and significance of the vegetation on the land, and
(b)	the importance of that vegetation to the growth and survival of native fauna, and
(c)	whether the proposed development has the potential to fragment, disturb or diminish the biodiversity values of the land.

(4)

Before granting development consent to development on land to

which this clause applies, the Council must be satisfied that:

(a)	the development is sited, designed and managed to avoid potential adverse environmental impacts, or
(b)	if an impact cannot be avoided by adopting feasible alternatives, the proposed development will mitigate, minimise or offset that impact.

[2]      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 61)—Sheet 3

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Lake Macquarie Local Environmental Plan 2004 (Amendment No 61)

Schedule 1 Amendment of Lake Macquarie Local Environmental Plan 2004

[3]      Schedule 3 Classification and reclassification of public land as operational land

Insert at the end of the table to Part 2 in Columns 1, 2 and 3, respectively:

16a Tullokan Road Lot 430, DP 755242 Nil.

[4]      Schedule 8 Land subject to special development requirements

Insert at the end of the table to the Schedule under the headings Item No,

Column 1 and Column 2, respectively:

11 Land at Wyee, being land in the A development control plan for the

vicinity of Bushells Ridge, Gorokan	land must have been approved by
and Hue Hue Roads, as shown	the Council before development
edged heavy black and lettered “2	consent is granted for any
(1)”, “2 (2)”, “5”, “6 (1)”, “7 (1)”,	development. The provisions of the
“7 (3)” or “7 (5)” on Sheet 1 of the	development control plan are to
map marked “Lake Macquarie	include, but are not limited to, the
Local Environmental Plan 2004	following matters:
(Amendment No 61)”.	(a) and efficient release of urban land-making provision for necessary

a staging plan for the timely sequencing,

(b)

an overall transport

movement hierarchy

showing the major

circulation routes and

connections to achieve a

simple and safe movement

system for private vehicles,

public transport, pedestrians

and cyclists,

(c)

an overall landscaping

strategy for the protection

and enhancement of riparian

areas and remnant

vegetation, including

visually prominent

locations, and detailed

landscaping requirements

for both the public and

private domain,

(d)

a network of passive and active recreational areas,

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Lake Macquarie Local Environmental Plan 2004 (Amendment No 61)

Amendment of Lake Macquarie Local Environmental Plan 2004 Schedule 1

(e)

stormwater and water

quality management

controls,

(f)

amelioration of natural and

environmental hazards,

including bushfire, flooding

and site contamination and,

in relation to natural

hazards, the safe occupation

of, and the evacuation from,

any land so affected,

(g)

detailed urban design

controls for significant

development sites,

(h)

measures to encourage

higher density living around

transport, open space and

service nodes,

(i)

measures to accommodate

and control appropriate

neighbourhood commercial

and retail uses,

(j)

suitably located public facilities and services, including provisions for

appropriate traffic

management facilities and

parking.

[5]      Dictionary

Insert in appropriate order in the definition of the map:

Lake Macquarie Local Environmental Plan 2004 (Amendment

No 61)—Sheet 1