Lake Macquarie Local Environmental Plan 2004 (NSW)

Part 1Preliminary1Name of plan

This plan is Lake Macquarie Local Environmental Plan 2004.

2Land to which plan applies(1)

This plan applies to all land within the local government area of Lake Macquarie City, except as provided by subclause (2).

(2)

This plan does not apply to land to which Lake Macquarie Local Environmental Plan 2000—North Wallarah Peninsula applies or to any land shown as “Deferred” on the map.

(3)

(Repealed)

cl 2: Am 2008 (406), Sch 2.2; 2010 (620), Sch 1.2; 2014 (220), Sch 1 [1].

3Objective of plan

The objective of this plan is to achieve development of land to which this plan applies that is in accordance with the principles of ecologically sustainable development by—

(a)
promoting balanced development of that land, and
(b)
implementing the Lifestyle 2020 Strategy adopted by the Council on 27 March 2000.

4Consent authority

The Council is the consent authority for the purposes of this plan, subject to the Act.

5Relationship to other environmental planning instruments(1)

All local environmental plans (including Lake Macquarie Local Environmental Plan 1984) that applied to land to which this plan applies immediately before the appointed day are repealed.

(2)

This plan amends State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development by inserting the following words in alphabetical order in Schedule 2 (Land excepted from clauses 6–10)—

Lake Macquarie City local government area

(3)

The Hunter Regional Environmental Plan 1989 (Heritage) does not apply to land to which this plan applies.

6Notes

Notes in this plan are provided for guidance and do not form part of this plan.

cl 6: Subst 2010 (218), Sch 1 [1].

7Definitions(1)

Words defined in the Dictionary at the end of this plan have the meanings set out in the Dictionary.

(1A)

Words and expressions used in this plan in relation to development on land in Zone B4 Mixed Use Zone have the same meaning as they have in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011).

(2)

In this plan, a reference to—

(a)
a map, is a reference to a map held at the office of the Council, and
(b)
land within a zone, is a reference to land shown on the map as being within that zone.

cl 7: Am 2010 (288), Sch 1 [1]; 2011 (103), Sch 1.3.

8Exempt development

Development meeting the criteria for exempt development in Schedule 1, being development of minimal environmental impact, is exempt development for the purposes of the Act.

9Complying development

Local development that complies with the standards and any other requirements specified for the development in Lake Macquarie Development Control Plan No 2—Complying Development, as approved by the Council on 22 March 2004, is complying development for the purposes of the Act.

Note—

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. That Policy has State-wide application.

cl 9: Am 2007 (53), Sch 1 [1]; 2010 (218), Sch 1 [2].

10Development by public authorities

Despite other provisions of this plan, the following are allowed on land to which this plan applies without consent—

(a)
the use of existing buildings of the Crown by the Crown, and
(b)
activities specified in Schedule 10.

11Determination of pending development applications(1)

Any development application lodged but not finally determined prior to the commencement of this plan is to be determined as if this plan had been exhibited under the Act but had not been made.

(2)

Development control plans as in force immediately before the commencement of this plan are to be taken into consideration by the consent authority in determining any such development application.

(3)

A development application lodged with the Council, but not finally determined, before the commencement of Lake Macquarie Local Environmental Plan 2004 (Amendment No 28) is to be determined as if that plan had been exhibited under the Act but had not been made.

(4)

A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023 must be determined as if that policy had not commenced.

(5)

A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.

cl 11: Am 2010 (218), Sch 1 [3]; 2023 (524), Sch 1.1[2]; 2023 (609), Sch 2.10[1].

Part 2Lifestyle 2020 Strategy—vision, values and aims12Vision

The vision for land to which this plan applies is described in the Lifestyle 2020 Strategy, which is available from the office of the Council.

13Values

The 4 core values of that strategy are sustainability, equity, efficiency and liveability.

14Aims

The aims of the Lifestyle 2020 Strategy are to—

(a)
provide the community with realistic expectations about the future development patterns for land in Lake Macquarie City, while retaining flexibility for land use decision making in the longer term, and
(b)
reinforce and strengthen centres so that a wide range of commercial and community services may be provided in a timely and accessible manner, and
(c)
provide local employment opportunities for residents and promote economic development consistent with the City’s natural, locational and community resources, and
(d)
guide the development of urban communities that are compact, distinct and diverse and include a range of housing types and activities, and
(e)
achieve a strong sense of positive community identity, through the development of local communities that are safe and liveable and offer a diversity of uses, economic opportunities and ready access to services, and
(f)
develop an attractive urban setting for the City which reflects its physical and natural environment, and visual character, and
(g)
manage the City’s natural environment so that its ecological functions and biological diversity are conserved and enhanced, and contribute to the City’s overall well being, and
(h)
manage the City’s heritage and economic resources in a way that protects the value of these resources and enhances the City’s character, and
(i)
integrate land use with the efficient provision of public and private movement systems, and
(j)
to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts.

cl 14: Am 2020 (724), Sch 1.7.

Part 3General controls for land within zones15General controls for land within zones

Except as provided otherwise by this plan, the following Table shows for land within each zone—

(a)
the development that may be carried out in the zone without development consent under the heading “Without development consent”, and
(b)
the development that may be carried out in the zone only with development consent under the heading “Only with development consent”, and
(c)
the development that is prohibited in the zone under the heading “Prohibited”.

The objectives of this zone are to—

(a)
provide for economic and employment-generating agricultural activities, and
(b)
provide for a range of compatible land uses that maintain and enhance the rural environment of the locality, and
(c)
ensure development is carried out in a manner that improves the quality of the environment, including quality of design, and is within the servicing capacity of the locality, and
(d)
encourage development and management practices that are sustainable, and
(e)
encourage the development of good quality agricultural land for agriculture (other than intensive agriculture) to the greatest extent possible, and
(f)
encourage the development of low quality agricultural land for intensive agriculture, and
(g)
provide for sustainable forestry practices, and
(h)
avoid land use conflict by restricting or prohibiting development that has the potential to negatively affect the sustainability of existing agriculture, and
(i)
provide for sustainable water cycle management.

Exempt development as provided in Schedule 1.

Development for the purpose of agriculture (other than intensive agriculture).

Development for the purpose of—

•
airline terminals
•
airports
•
animal establishments
•
aquaculture
•
bed and breakfast accommodation
•
bulk stores
•
cemeteries and crematoriums
•
drainage
•
dual occupancies—attached
•
dwelling houses
•
earthworks
•
eco-tourism facilities
•
educational establishments
•
emergency services facilities
•
energy generation works
•
environmental facilities
•
extractive industries
•
farm stay accommodation
•
forestry
•
helipads
•
heliports
•
home businesses
•
home industries
•
intensive agriculture
•
mines
•
retail plant nurseries
•
roads
•
roadside stalls
•
rural industries
•
sawmills
•
signs
•
stormwater management facilities
•
sustainable generating works
•
telecommunications facilities
•
transport terminals
•
utility installations
•
veterinary hospitals
•
wholesale plant nurseries

Development not listed in item 2 or 3.

The objectives of this zone are to—

(a)
provide for the enjoyment of a rural lifestyle and the operation of small-scale rural and tourism activities, and
(b)
provide for a range of compatible land uses that maintain the rural environment, and
(c)
ensure development is carried out in a manner that improves the quality of the environment, and is within the servicing capacity of the area, and
(d)
retain and enhance the rural character of land, and
(e)
allow for the appropriate development of land presently within this zone so as to limit the need to rezone any more land to this zone, and
(f)
avoid land use conflict by restricting or prohibiting development that has the potential to negatively affect the sustainability of existing agriculture, and
(g)
provide for sustainable water cycle management.

Exempt development as provided in Schedule 1.

Development for the purpose of—

•
agriculture (other than intensive agriculture)
•
bed and breakfast accommodation
•
drainage
•
dual occupancies—attached
•
dwelling houses
•
earthworks
•
eco-tourism facilities
•
educational establishments
•
emergency services facilities
•
environmental facilities
•
home businesses
•
home industries
•
retail plant nurseries
•
roads
•
roadside stalls
•
signs
•
stormwater management facilities
•
telecommunications facilities
•
utility installations
•
wholesale plant nurseries

Development not listed in item 2 or 3.

The objectives of this zone are to—

(a)
permit development of neighbourhoods of low-density housing, and
(b)
provide for general stores, community service activities or development that includes home businesses whilst maintaining and enhancing the residential amenity of the surrounding area, and
(c)
ensure that housing development respects the character of surrounding development and is of good quality design, and
(d)
provide for sustainable water cycle management.

Exempt development as provided in Schedule 1.

Development for the purpose of—

•
bed and breakfast accommodation
•
boarding houses
•
child care centres
•
community facilities
•
drainage
•
dual occupancies—attached
•
dual occupancies—detached
•
dwelling houses
•
dwelling houses—exhibition
•
earthworks
•
educational establishments
•
emergency services facilities
•
environmental facilities
•
general stores
•
group homes
•
home businesses
•
home industries
•
places of public worship
•
professional consulting rooms
•
roads
•
seniors housing
•
signs
•
small lot housing
•
sporting facilities
•
stormwater management facilities
•
telecommunications facilities
•
utility installations

Development not listed in item 2 or 3.

The objectives of this zone are to—

(a)
provide for medium and high density housing, and
(b)
encourage development of good quality design within the zone, and
(c)
provide an environment where people can live and work in home businesses and professional services whilst maintaining the residential amenity of the surrounding area, and
(d)
provide residents with good access to a range of urban services and facilities, and
(e)
encourage amalgamation of existing lots to facilitate well designed medium and high density development, and
(f)
provide for sustainable water cycle management.

Exempt development as provided in Schedule 1.

Development for the purpose of—

•
bed and breakfast accommodation
•
boarding houses
•
child care centres
•
clubs
•
community facilities
•
drainage
•
dwelling houses
•
earthworks
•
educational establishments
•
environmental facilities
•
general stores
•
group homes
•
home businesses
•
home industries
•
hotel or motel accommodation
•
multiple dwelling housing
•
places of public worship
•
professional consulting rooms
•
residential flat buildings
•
roads
•
seniors housing
•
signs
•
small lot housing
•
sporting facilities
•
stormwater management facilities
•
telecommunications facilities
•
utility installations

Development not listed in item 2 or 3.

The objectives of this zone are to—

(a)
provide land for commercial, retail, recreational and housing uses in a central location, and
(b)
generate viable employment and economic activity, and
(c)
create urban centres for safe and vibrant social, cultural and community activity, and
(d)
create public spaces that are accessible, welcome all people and are a central focus for the community, and
(e)
provide for sustainable water cycle management.

Exempt development as provided in Schedule 1.

Development for the purpose of—

•
backpackers’ accommodation
•
bottle shops
•
brothels
•
bus stations
•
car parking facilities
•
car repair stations
•
child care centres
•
clubs
•
commercial premises
•
community facilities
•
drainage
•
earthworks
•
educational establishments
•
emergency services facilities
•
entertainment facilities
•
environmental facilities
•
helipads
•
home businesses
•
hotel or motel accommodation
•
large-scale commercial premises
•
medical centres
•
mixed use development
•
motor showrooms
•
places of public worship
•
pubs
•
recreation facilities
•
restaurants or cafes
•
restricted premises
•
roads
•
seniors housing
•
service stations
•
serviced apartments
•
shops
•
signs
•
sporting facilities
•
stormwater management facilities
•
telecommunications facilities
•
utility installations
•
veterinary hospitals

Development not listed in item 2 or 3.

The objectives of this zone are to—

(a)
provide land for development that supports the viability of Urban Centre (Core) zoned land, and
(b)
encourage good quality design within the zone, and
(c)
provide land for mixed use development comprising residential uses in combination with commercial and retail uses, professional services and home based businesses, and
(d)
provide for sustainable water cycle management.

Exempt development as provided in Schedule 1.

Development for the purpose of—

•
backpackers’ accommodation
•
bulky goods premises
•
bus stations
•
car parking facilities
•
car repair stations
•
child care centres
•
clubs
•
commercial premises
•
community facilities
•
drainage
•
earthworks
•
educational establishments
•
emergency services facilities
•
environmental facilities
•
general stores
•
home businesses
•
home industries
•
hospitals
•
hotel or motel accommodation
•
large-scale commercial premises
•
marinas
•
medical centres
•
mixed use development
•
motor showrooms
•
places of public worship
•
pubs
•
recreation facilities
•
restaurants or cafes
•
roads
•
seniors housing
•
service stations
•
serviced apartments
•
signs
•
sporting facilities
•
stormwater management facilities
•
telecommunications facilities
•
utility installations
•
veterinary hospitals

Development not listed in item 2 or 3.

The objectives of this zone are—

(a)
to provide for a mixture of compatible land uses, and
(b)
to integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling, and
(c)
to enable development that complements and enhances the core retail function and trading performance of the local area within the regional retail hierarchy.

Exempt development as provided in Schedule 1.

Development for the purpose of—

•
advertising structures
•
amusement centres
•
backpackers’ accommodation
•
boarding houses
•
building identification signs
•
business identification signs
•
business premises
•
car parks
•
child care centres
•
community facilities
•
drainage
•
earthworks
•
emergency services facilities
•
entertainment facilities
•
environmental facilities
•
environmental protection works
•
exhibition homes
•
food and drink premises
•
function centres
•
funeral chapels
•
funeral homes
•
group homes
•
group homes (permanent)
•
home-based child care
•
home businesses
•
home industries
•
hospitals
•
hostels
•
hotel or motel accommodation
•
information and education facilities
•
kiosks
•
medical centres
•
mixed use development
•
mortuaries
•
multi dwelling housing
•
neighbourhood shops
•
office premises
•
passenger transport facilities
•
places of public worship
•
public administration buildings
•
public utility undertakings
•
pubs
•
recreation areas
•
recreation facilities (indoor)
•
registered clubs
•
residential care facilities
•
residential flat buildings
•
restaurants or cafes
•
retail premises
•
seniors housing
•
serviced apartments
•
shop top housing
•
shops
•
signage
•
take away food and drink premises
•
tourist and visitor accommodation
•
vehicle sales or hire premises
•
veterinary hospitals
•
waterbodies (artificial)
•
waterbodies (natural)
•
watercourses
•
wetland

Development not listed in item 2 or 3.

Note—

Words and expressions used in relation to development on land in this zone have the same meaning as they have in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

The objectives of this zone are to—

(a)
provide land for a wide range of employment-generating industries, including manufacturing, processing, assembly, storage and distribution uses, and
(b)
provide land for a range of industrial uses that, because of their nature, require large areas of land or separation from more intensive forms of employment generating industries, and
(c)
ensure that industries are designed and located so as not to cause unacceptable environmental harm or adversely affect the amenity of the environment, including residential neighbourhoods, and
(d)
provide for sustainable water cycle management.

Exempt development as provided in Schedule 1.

Development for the purpose of—

•
aquaculture
•
brothels
•
bulk stores
•
bus stations
•
car parking facilities
•
car repair stations
•
child care centres
•
depots
•
drainage
•
earthworks
•
emergency services facilities
•
energy generation works
•
environmental facilities
•
extractive industries
•
general stores
•
hazardous industries
•
hazardous storage establishments
•
helipads
•
high technology industries
•
industries
•
junk yards
•
light industries
•
liquid fuel depots
•
mines
•
offensive industries
•
offensive storage establishments
•
rail lines
•
roads
•
service stations
•
signs
•
storage facilities
•
stormwater management facilities
•
sustainable generating works
•
telecommunications facilities
•
transport terminals
•
utility installations
•
warehouses
•
waste management and/or recycling facilities

Development not listed in item 2 or 3.

The objectives of this zone are to—

(a)
provide land for light industries that can service surrounding community needs and provide local employment opportunities, and
(b)
enable ancillary retail/commercial uses, in conjunction with an approved development, providing it will not undermine the retail function and general amenity of existing and future urban centres, and
(c)
ensure that development is well designed, has minimal adverse impact on the environment and integrates with the urban environment, and
(d)
provide opportunities for high technology industries, scientific research and development, or similar activities, and
(e)
provide for sustainable water cycle management.

Exempt development as provided in Schedule 1.

Development for the purpose of—

•
animal establishments
•
aquaculture
•
brothels
•
building products warehouses and showrooms
•
bulk stores
•
bus stations
•
car parking facilities
•
car repair stations
•
child care centres
•
depots
•
drainage
•
earthworks
•
emergency services facilities
•
entertainment facilities
•
environmental facilities
•
general stores
•
high technology industries
•
industries
•
junk yards
•
light industries
•
motor showrooms
•
places of public worship
•
recreation facilities
•
retail plant nurseries
•
roads
•
service stations
•
signs
•
sporting facilities
•
storage facilities
•
stormwater management facilities

•
telecommunications facilities
•
transport terminals
•
utility installations
•
veterinary hospitals
•
warehouses
•
wholesale plant nurseries

Development not listed in item 2 or 3.

The objectives of this zone are to—

(a)
provide land for light industries that can service surrounding community needs and provide local employment opportunities, and
(b)
provide land for the wholesale or retail sale of bulky goods, and
(b1)
provide land for research and development, and for applied technology, that can service surrounding community needs and provide employment opportunities, and
(c)
support the role of existing and future urban centres while not undermining the retail and commercial functions and general amenity of these centres, and
(d)
ensure that development is well designed, has minimal adverse impact on the environment and integrates with the urban environment, and
(e)
provide for sustainable water cycle management.

Exempt development as provided in Schedule 1.

Development for the purpose of—

•
animal establishments
•
brothels
•
building products warehouses and showrooms
•
bulky goods premises
•
bus stations
•
car parking facilities
•
car repair stations
•
child care centres
•
drainage
•
earthworks
•
emergency services facilities
•
environmental facilities
•
general stores
•
high technology industries
•
large-scale commercial premises
•
light industries
•
medical centres
•
motor showrooms
•
places of public worship
•
recreation facilities
•
restaurants or cafes
•
retail plant nurseries
•
roads
•
service stations
•
signs
•
sporting facilities
•
storage facilities
•
stormwater management facilities
•
telecommunications facilities
•
transport terminals
•
utility installations
•
veterinary hospitals
•
warehouses
•
wholesale plant nurseries

Development not listed in item 2 or 3.

The objectives of this zone are to—

(a)
provide land for future infrastructure needs such as roads, drainage and other utilities, and
(b)
provide land required for the expansion of existing community facilities or the development of new community facilities, and
(c)
provide for limited development within the zone where it can be demonstrated that the development will not prejudice or have the potential to prejudice the intended future infrastructure development of that land, and
(d)
ensure that development on adjacent or adjoining land zoned infrastructure does not prejudice future infrastructure development within that zone, and
(e)
provide for sustainable water cycle management.

Exempt development as provided in Schedule 1.

Development for the purpose of—

•
agriculture (other than intensive agriculture)
•
airline terminals
•
airports
•
bus stations
•
car parking facilities
•
cemeteries and crematoriums
•
child care centres
•
community facilities
•
drainage
•
earthworks
•
educational establishments
•
emergency services facilities
•
energy generation works
•
entertainment facilities
•
environmental facilities
•
helipads
•
heliports
•
hospitals
•
hotel or motel accommodation
•
medical centres
•
places of public worship
•
rail lines
•
restaurants or cafes
•
roads
•
signs
•
stormwater management facilities
•
telecommunications facilities
•
transport terminals
•
utility installations
•
veterinary hospitals

Development not listed in item 2 or 3.

The objectives of this zone are to—

(a)
provide community owned land or land intended to be owned by the community (shown with crosshatching on the map) that is suitable for the passive and active recreation needs of the community, and
(b)
provide for a variety of facilities necessary to support use of this land including barbecue facilities, toilet facilities, sports administration and changing rooms, clubhouses, cycle ways, seating, lighting and the like, and
(c)
facilitate preservation of the environmental qualities of land identified in this plan for public ownership, and
(d)
provide for the use of public land leased from the Council where community benefit can be established and the use of the land is appropriate for its location, and
(e)
provide for sustainable water cycle management.

Exempt development as provided in Schedule 1.

Development for the purpose of—

•
animal establishments
•
car parking facilities
•
caravan parks
•
cemeteries and crematoriums
•
child care centres
•
clubs
•
community facilities
•
drainage
•
earthworks
•
educational establishments
•
emergency services facilities
•
entertainment facilities
•
environmental facilities
•
helipads
•
marinas
•
places of public worship
•
recreation facilities
•
restaurants or cafes
•
roads
•
signs
•
sporting facilities
•
stormwater management facilities
•
telecommunications facilities
•
utility installations

Development not listed in item 2 or 3.

The objectives of this zone are to—

(a)
provide land primarily for commercial recreation and tourist uses, and
(b)
encourage good quality design within the zone, and
(c)
provide land for good quality tourist development, and
(d)
provide land for function and entertainment centres, and
(e)
encourage tourism development that is sensitively designed to complement its location and minimise any adverse impacts on the environment, and
(f)
provide for sustainable water cycle management.

Exempt development as provided in Schedule 1.

Development for the purpose of—

•
animal establishments
•
backpackers’ accommodation
•
car parking facilities
•
caravan parks
•
clubs
•
community facilities
•
drainage
•
earthworks
•
eco-tourism facilities
•
educational establishments
•
emergency services facilities
•
entertainment facilities
•
environmental facilities
•
function centres
•
helipads
•
hotel or motel accommodation
•
manufactured home estates
•
marinas
•
places of public worship
•
pubs
•
recreation facilities
•
restaurants or cafes
•
roads
•
serviced apartments
•
signs
•
sporting facilities
•
stormwater management facilities
•
telecommunications facilities
•
tourist resorts
•
utility installations

Development not listed in item 2 or 3.

The objectives of this zone are to—

(a)
provide and conserve land having ecological, scientific, geological, educational, faunal, floristic or aesthetic values, and
(b)
preserve and enhance areas of significant vegetation and habitat to promote the regeneration of ecosystems and eradication of invasive species that compete with native flora and fauna, and
(c)
conserve, enhance and manage corridors to facilitate species movement, dispersal and interchange of genetic material, and
(d)
exclude activities which would prejudice the ongoing conservation or rehabilitation of land, and
(e)
encourage activities that meet conservation objectives, and
(f)
protect land within this zone from impacts from development on adjoining zones, and
(g)
provide for sustainable water cycle management.

Exempt development as provided in Schedule 1.

Development for the purpose of—

•
bed and breakfast accommodation
•
drainage
•
dwelling houses
•
earthworks
•
environmental facilities
•
home businesses
•
home industries
•
roads
•
signs
•
stormwater management facilities
•
utility installations

Development not listed in item 2 or 3.

The objectives of this zone are to—

(a)
protect, conserve and enhance land that is environmentally important, and
(b)
protect, manage and enhance corridors to facilitate species movement, dispersal and interchange of genetic material, and
(c)
enable development where it can be demonstrated that the development will not compromise the ecological, hydrological, scenic or scientific attributes of the land or adjacent land in Zone 7 (1), and
(d)
ensure that development proposals result in rehabilitation and conservation of environmentally important land, and
(e)
provide for sustainable water cycle management.

Exempt development as provided in Schedule 1.

Development for the purpose of—

•
bed and breakfast accommodation
•
community facilities
•
drainage
•
dual occupancies—attached
•
dwelling houses
•
earthworks
•
eco-tourism facilities
•
emergency services facilities
•
environmental facilities
•
home businesses
•
home industries
•
roads
•
roadside stalls
•
signs
•
stormwater management facilities
•
telecommunications facilities
•
utility installations

Development not listed in item 2 or 3.

The objectives of this zone are to—

(a)
maintain and enhance biodiversity, scenic quality and native riparian vegetation and habitat, and
(b)
protect, manage and enhance corridors to facilitate species movement, dispersal and interchange of genetic material, and
(c)
ensure that development and land management practices do not have an adverse effect on water quality, land surface conditions and important ecosystems such as waterbodies, waterways, wetlands and rainforests, and
(d)
protect and enhance natural, rural and heritage landscapes, and
(e)
provide for sustainable water cycle management, and
(f)
encourage rehabilitation and conservation of environmentally important land.

Exempt development as provided in Schedule 1.

Development for the purpose of—

•
agriculture (other than intensive agriculture)
•
bed and breakfast accommodation
•
community facilities
•
drainage
•
dual occupancies—attached
•
dwelling houses
•
earthworks
•
eco-tourism facilities
•
educational establishments
•
emergency services facilities
•
environmental facilities
•
forestry
•
home businesses
•
home industries
•
places of public worship
•
retail plant nurseries
•
roads
•
roadside stalls
•
signs
•
stormwater management facilities
•
telecommunications facilities
•
utility installations

Development not listed in item 2 or 3.

The objectives of this zone are to—

(a)
provide and conserve an area for natural coastal processes, and
(b)
permit appropriate development where consistent with the Coastal Impact Zone (as identified in the Lake Macquarie Coastline Management Plan 1999), and
(c)
conserve and enhance the scenic values and natural, Aboriginal and European heritage associated with the coastline, and
(d)
minimise disturbance of the coastline environment, and
(e)
encourage ongoing dune stabilisation and rehabilitation of native vegetation, and
(f)
ensure that development facilitates public access to the coastline and supports the optimum and efficient development of the coastal walk (as identified in the Lake Macquarie Coastline Management Plan 1999), and
(g)
ensure that development is sympathetic in design, bulk and scale with the coastline environment, and
(h)
provide for sustainable water cycle management, and
(i)
protect, enhance and manage corridors to facilitate species movement, and the dispersal and interchange of genetic material.

Exempt development as provided in Schedule 1.

Development for the purpose of—

•
car parking facilities
•
clubs
•
community facilities
•
drainage
•
earthworks
•
emergency services facilities
•
environmental facilities
•
helipads
•
restaurants or cafes
•
roads
•
signs
•
sporting facilities
•
stormwater management facilities
•
utility installations

Development not listed in item 2 or 3.

The objectives of this zone are to—

(a)
provide land with ecological, geological, scientific, scenic and biodiversity values that may accommodate minimal impact, low density residential and agricultural development, and
(b)
manage development to minimise adverse impacts on those values, such as by encouraging appropriate use of disturbed land, and
(c)
protect, enhance and manage corridors to facilitate species movement, dispersal and interchange of genetic material, and
(d)
encourage rehabilitation and conservation of environmentally important land, and
(e)
provide for sustainable water cycle management.

Exempt development as provided in Schedule 1.

Development for the purpose of—

•
agriculture (other than intensive agriculture)
•
bed and breakfast accommodation
•
drainage
•
dual occupancies—attached
•
dwelling houses
•
earthworks
•
eco-tourism facilities
•
educational establishments
•
emergency services facilities
•
environmental facilities
•
home businesses
•
home industries
•
roads
•
roadside stalls
•
signs
•
stormwater management facilities
•
telecommunications facilities
•
utility installations

Development not listed in item 2 or 3.

The objectives of this zone are to—

(a)
identify land that is reserved or dedicated under the National Parks and Wildlife Act 1974, and
(b)
allow for the management and appropriate use of that land as provided for in the National Parks and Wildlife Act 1974, and
(c)
promote the survival of flora and fauna by conserving viable reserves in large holdings with appropriate connections to other reserves.

Development for the purpose of land uses authorised by or under the National Parks and Wildlife Act 1974, and any development incidental or ancillary to such land uses.

Nil.

Development not listed in item 2.

The objectives of this zone are to—

(a)
provide land that has dual values as an economic natural resource and for environmental protection, and
(b)
recognise the dual values of the land and integrate economic use of the land with ecological sustainability, and
(c)
acknowledge the economic value of its natural resources, particularly for extraction of coal, gravel and timber, and
(d)
acknowledge the long term value of the land for the management and maintenance of biodiversity, threatened species habitat, and corridors by minimising the adverse impacts of resource development, and
(e)
rehabilitate disturbed land to a natural state, reflective of its long term value, and
(f)
minimise earthworks while enabling productive use of the land, and
(g)
permit habitat disturbance to facilitate forestry, surface activities for underground mining and other extraction of mineral and gravel resources and energy generation works, and
(h)
acknowledge the multiple use of State forests for tourism, conservation and sustainable harvesting of timber, and
(i)
provide for sustainable water cycle management.

Exempt development as provided in Schedule 1.

Development for the purpose of—

•
agriculture (other than intensive agriculture)
•
car parking facilities
•
drainage
•
earthworks
•
emergency services facilities
•
energy generating works
•
environmental facilities
•
extractive industries
•
forestry
•
hazardous industries
•
hazardous storage establishments
•
helipads
•
industries
•
liquid fuel depots
•
mines
•
offensive industries
•
offensive storage establishments
•
rail lines
•
roads
•
rural industries
•
sawmills
•
signs
•
stormwater management facilities
•
sustainable generating works
•
telecommunications facilities
•
transport terminals
•
utility installations
•
waste management and/or recycling facilities

Development not listed in item 2 or 3.

The objectives of this zone are to—

(a)
provide land for future development and/or conservation, and
(b)
ensure that land in this zone is thoroughly assessed to identify and substantiate future uses, and
(c)
provide for limited development of the land and allow that development only where it can be proven not to prejudice or have the potential to prejudice future protection or use of the land, and
(d)
ensure that land is released in a strategic and efficient manner consistent with the Lifestyle 2020 Strategy, and
(e)
require comprehensive local environmental studies to substantiate the capability and suitability of land in this zone proposed for rezoning, and
(f)
provide for sustainable water cycle management.

Exempt development as provided in Schedule 1.

Development for the purpose of—

•
agriculture (other than intensive agriculture)
•
bed and breakfast accommodation
•
drainage
•
dwelling houses
•
earthworks
•
emergency services facilities
•
environmental facilities
•
home businesses
•
home industries
•
roads
•
roadside stalls
•
signs
•
stormwater management facilities
•
telecommunications facilities
•
utility installations

Development not listed in item 2 or 3.

The objectives of this zone are to—

(a)
recognise the importance of Lake Macquarie and its waterways as an environmental asset, not only to Lake Macquarie City, but to the Hunter and Central Coast Regions, and
(b)
ensure that development of the Lake and its waterways occurs in a manner that is consistent with the principles of ecologically sustainable development, and
(c)
ensure development does not adversely affect the ecology, scenic values or navigability of the Lake or its waterways, and
(d)
ensure that aquatic and terrestrial habitats and their interface are protected and enhanced and are not adversely affected by the recreational use of the Lake or its waterways, and
(e)
provide for sustainable and viable economic use of the Lake and its waterways, and
(f)
provide for sustainable water cycle management.

Exempt development as provided in Schedule 1.

Development for the purpose of—

•
aids to navigation required by the Maritime Authority of NSW
•
moorings, except commercial moorings, if in accordance with a Mooring Management Plan approved by the Maritime Authority of NSW.

Any development not listed in item 2.

Nil.

cl 15, table: Am 2006 No 58, Sch 2.26 [1]; 2007 (53), Sch 1 [2]–[16]; 2010 (218), Sch 1 [4]–[14]; 2010 (288), Sch 1 [2]; 2013 (537), Sch 1 [1]; 2014 No 88, Sch 2.31 [1].

Part 3AControls relating to miscellaneous permissible uses

pt 3A (cll 15A, 15B): Ins 2010 (218), Sch 1 [15].

15AControls relating to bed and breakfast accommodation

If development for the purposes of bed and breakfast accommodation is permitted under this plan, the accommodation that is provided to guests must consist of no more than 5 bedrooms.

pt 3A (cll 15A, 15B): Ins 2010 (218), Sch 1 [15].

15BControls relating to farm stay accommodation

If development for the purposes of farm stay accommodation is permitted under this plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.

pt 3A (cll 15A, 15B): Ins 2010 (218), Sch 1 [15].

Part 4Special provisions applying to all land16Development consent—matters for consideration

Consent must not be granted for development unless the consent authority—

(a)
has had regard to the vision, values and aims of the Lifestyle 2020 Strategy expressed in Part 2, and
(b)
is satisfied that such of the development as is proposed to be carried out within a zone is consistent with the relevant objectives for the zone, as set out in the Table to clause 15.

17Provision of essential infrastructure

Consent must not be granted for development on any land to which this plan applies unless the consent authority—

(a)
is satisfied that adequate arrangements have been made for the provision of any infrastructure that is essential for the proposed development, including the following—
- (i)
  a supply of water,
- (ii)
  provision of energy,
- (iii)
  provision of telecommunications,
- (iv)
  a system for the disposal and management of sewage, and
(b)
has considered the impacts of the provision of that infrastructure on the land to which the development application relates.

18Temporary development of land(1)

Despite any other provision of this plan, a person may carry out development on any land with development consent for any purpose for a maximum period of 28 days in any one year.

(2)

Consent may be granted under this clause only if, in the opinion of consent authority, the development contributes to the social, environmental, cultural and economic well-being of the community.

(3)

To avoid doubt, State Environmental Planning Policy No 1—Development Standards does not apply to a requirement made by subclause (1).

(Repealed)

cl 19: Rep 2011 (276), Sch 1 [1].

20Suspension of covenants, agreements or instruments(1)

Any covenant, agreement or similar instrument which affects development allowed by this plan does not apply to the extent necessary to allow the development.

(2)

Nothing in subclause (1) affects the rights or interests of any statutory corporation, public authority or Minister of the Crown under any registered instrument.

(3)

Pursuant to section 28 of the Act, the Governor approved of subclauses (1) and (2) before this plan was made.

21Exceptions to development standards(1)

The objectives of this clause are as follows—

(a)
to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b)
to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2)

Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3)

Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that—

(a)
compliance with the development standard is unreasonable or unnecessary in the circumstances, and

(b)
there are sufficient environmental planning grounds to justify the contravention of the development standard.

Note—

The Environmental Planning and Assessment Regulation 2021 requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).

(4)

The consent authority must keep a record of its assessment carried out under subclause (3).

(5)

(Repealed)

(6)

Development consent must not be granted under this clause for a subdivision of land in Zone 1 (1) Rural (Production) Zone and Zone 1 (2) Rural (Living) Zone if—

(a)
the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b)
the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

(7)

(Repealed)

(8)

This clause does not allow development consent to be granted for development that would contravene any of the following—

(a)
a development standard for complying development,
(b)
a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated.

(9)

The consent authority, in deciding whether to grant development consent, is to consider the following, to the extent that they are relevant to the proposed development—

(a)
neighbourhood and local context,
(b)
topography,
(c)
solar orientation,
(d)
neighbourhood amenity and character,
(e)
privacy,
(f)
overshadowing,
(g)
security, safety and access,
(h)
local infrastructure,
(i)
landscape design,
(j)
waste disposal.

cl 21: Subst 2019 (659), Sch 1.15. Am 2023 (524), Sch 1.1[1] [4].

21AConversion of fire alarms(1)

This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.

(2)

The following development may be carried out, but only with development consent—

(a)
converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
(b)
converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c)
converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3)

Development to which subclause (2) applies is complying development if it consists only of—

(a)
internal alterations to a building, or
(b)
internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.

(4)

A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.

(5)

In this clause—

private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.

cl 21A: Ins 2019 (659), Sch 2.15.

21BStandards that cannot be used to refuse consent—playing and performing music(1)

The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—

(a)
the playing or performance of music, including the following—
- (i)
  the genre of music played or performed, or
- (ii)
  whether the music played or performed is live or amplified, or
- (iii)
  whether the music played or performed is original music, or
- (iv)
  the number of musicians or live entertainment acts playing or performing, or
- (v)
  the type of instruments played,
(b)
whether dancing occurs,
(c)
the presence or use of a dance floor or another area ordinarily used for dancing,
(d)
the direction in which a stage for players or performers faces,
(e)
the decoration to be used, including, for example, mirror balls, or lighting used by players or performers.

(2)

The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.

(3)

In this clause—

licensed premises has the same meaning as in the Liquor Act 2007.

cl 21B: Ins 2020 (724), Sch 3.

21CPublic bushland(1)

The objective of this clause is to protect and ensure the ecological viability of bushland, including rehabilitated areas in urban areas, by—

(a)
preserving biodiversity, habitat corridors and links between public bushland and other nearby bushland, and
(b)
preserving bushland as a natural stabiliser of the soil surface, and
(c)
preserving existing hydrological landforms, processes and functions, including natural drainage lines, watercourses, wetlands and foreshores, and
(d)
preserving the recreational, educational, scientific, aesthetic, environmental, ecological and cultural values and potential of bushland, and
(e)
mitigating disturbance caused by development.

(2)

Development that will disturb, or is reasonably likely to disturb, public bushland is permitted with development consent.

(3)

Development consent must not be granted to development that will disturb, or is reasonably likely to disturb, public bushland unless the consent authority is satisfied of the following—

(a)
the disturbance of the bushland is essential for a purpose in the public interest,
(b)
there is no reasonable alternative to the disturbance,
(c)
the development minimises the amount of bushland to be disturbed,
(d)
the development includes measures to remediate the disturbed bushland.

(4)

Despite subclause (2), development that will disturb, or is reasonably likely to disturb, public bushland is permitted without development consent if the development is for the following purposes—

(a)
the construction, operation or maintenance of pipelines to carry water, sewerage or gas or pipelines licensed under the Pipelines Act 1967,
(b)
the construction, operation or maintenance of electricity or telecommunication lines,
(c)
bush fire hazard reduction,
(d)
the construction or maintenance of classified roads,
(e)
facilitating the recreational use of the public bushland.

(5)

Development specified in subclause (4)(e) is permitted without development consent only if it is carried out in accordance with a plan of management for the public bushland, adopted by the Council in the same way a plan of management is required to be adopted for community land under the Local Government Act 1993, Chapter 6, Part 2, Division 2, that includes measures for the following—

(a)
the recreational use of the land,
(b)
bush fire hazard reduction,
(c)
the prevention of degradation, including the alteration of drainage patterns, rubbish dumping, vehicle intrusion and infestation with weeds or non-native plants,
(d)
the remediation of degraded public bushland.

(6)

This clause does not require development consent for clearing of native vegetation if the clearing is of a kind that is authorised under the Local Land Services Act 2013, section 60O.

(7)

In deciding whether to grant development consent to development on land adjoining public bushland, the consent authority must consider the following—

(a)
the need to retain public bushland adjoining the site of the development,
(b)
the likely effect of the development on public bushland, including the following—
- (i)
  the erosion of soil,
- (ii)
  the siltation of streams and waterways,
- (iii)
  the spread of weeds and non-native plants within public bushland,
(c)
other matters the consent authority considers relevant to the protection and preservation of public bushland.

(8)

This clause does not apply to the following land that is public bushland—

(a)
land in Zone RU1, RU2, RU3, RU4 or RU5,
(b)
land reserved, dedicated or acquired under the National Parks and Wildlife Act 1974,
(c)
land within a State forest, flora reserve or timber reserve within the meaning of the Forestry Act 2012,
(d)
land to which State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Chapter 7 applies.

(9)

In this clause—

disturb public bushland means—

(a)
remove vegetation from public bushland, or
(b)
cause a change in the natural ecology of public bushland that results in the destruction or degradation of the public bushland.

non-native plant means a plant that is not native vegetation.

public bushland means land—

(a)
on which there is vegetation that is—
- (i)
  a remainder of the natural vegetation of the land, or
- (ii)
  representative of the structure and floristics of the natural vegetation of the land, and
(b)
that is owned, managed or reserved for open space or environmental conservation by the Council or a public authority.

cl 21C: Ins 2022 (629), Sch 2[3].

21DCanal estate development prohibited(1)

Canal estate development is prohibited on land to which this Plan applies.

(2)

In this clause—

canal estate development has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

cl 21D: Ins 2022 (629), Sch 2[4].

Part 5Special controls for protection of the environment or for particular land22Foreshore building lines(1)

The objectives of this clause are—

(a)
preservation and enhancement of the natural features and vegetation near where land meets the high water mark, and
(b)
restoration of the land below any foreshore building line, so far as practicable, to a natural state, with a minimum intrusion of man-made structures, and
(c)
removal of structures and works below any foreshore building line (particularly on redevelopment of land), other than those excepted by clause 23, and
(d)
conservation and enhancement of waterfront structures of heritage value, and
(e)
avoidance of adverse ecological effects on the waterways, and
(f)
enhancement of the visual amenity of Lake Macquarie.

(2)

Clause 7 of the Environmental Planning and Assessment Model Provisions 1980 is adopted for the purposes of this plan.

Note—

Clause 7 of the Environmental Planning and Assessment Model Provisions 1980 allows the Council to fix a foreshore building line and sets out the effect of such a line.

(3)

State Environmental Planning Policy No 1—Development Standards applies to a requirement made by clause 7 of those provisions, when adopted for the purposes of this plan, in the same way as it applies to a development standard.

(4)

The resolution of the Council cited as Lake Macquarie Foreshore Building Line Resolution and adopted by the Council on 18 July 1988 (copies of which are available from the office of the Council) is taken to have been made under clause 7 (1) of those provisions, as adopted for the purposes of this plan.

(5)

Any references in that resolution to a current plan are taken to be references to a current plan within the meaning of the Conveyancing Act 1919.

23Foreshore development and development below DP high water mark(1)

Foreshore development and development for the purpose of utility installations may be carried out only with development consent between a foreshore building line that is fixed with respect to a DP high water mark and the DP high water mark.

(2)

Development below DP high water mark may be carried out only with development consent which must not be granted unless the consent authority is satisfied—

(a)
that all existing structures and works on the land below DP high water mark will be removed before or within a reasonable time after development is carried out, or
(b)
that it is unreasonable or unnecessary in the circumstances of the case for that removal to occur, having regard to the objectives of clause 22 and the provisions of any relevant development control plan.

cl 23: Am 2007 (53), Sch 1 [17].

24Subdivision(1)

Despite any other provision of this plan, subdivision of land, other than that identified in subclause (9), may be carried out only with development consent.

(2)

Land in any zone may be subdivided only if the consent authority is satisfied—

(a)
that the resulting lots will conform to the requirements in Schedule 2 (Subdivision standards) applicable to subdivision in that zone, and
(b)
the resulting lots can be developed in accordance with this plan.

(3)

To avoid doubt, State Environmental Planning Policy No 1—Development Standards applies to a requirement referred to in subclause (2) (a) in the same way as it applies to a development standard.

(4)

Consent must not be granted to a subdivision of land in Zone 2 (1) or 2 (2) for the purpose of small lot housing unless consent has been or is also given to the erection on the land of dwellings that will comprise small lot housing.

(5)

Consent must not be granted for a subdivision of land in Zone 2 (1) for the purpose of dual occupancy-attached or dual occupancy-detached unless consent has been or is also granted for the erection on the land of dwellings comprising that form of dual occupancy.

(6)

(Repealed)

(7)

The subdivision of land in Zone 2 (1) or 2 (2) for small lot housing is prohibited if it would result in the creation of any battle-axe lots.

(8)

The subdivision of land in Zone 10 is prohibited unless the lots proposed to be created are to be reserved or dedicated for public open space, public roads or environmental protection purposes.

(9)

Consent is not required for a subdivision for the purpose only of any one or more of the following—

(a)
widening a public road,
(b)
a minor realignment of boundaries that does not create—
- (i)
  additional lots or the opportunity for additional dwellings, or
- (ii)
  lots that are smaller than the minimum size provided for by this plan in relation to the land concerned,
(c)
a consolidation of lots that does not create additional lots or the opportunity for additional dwellings,
(d)
rectifying an encroachment on a lot,
(e)
creating a public reserve,
(f)
excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public toilets.

cl 24: Am 2007 (53), Sch 1 [18]; 2010 (218), Sch 1 [16]–[19]; 2011 (276), Sch 1 [2].

25Demolition

Except as provided otherwise by this plan, the demolition of a building or work requires development consent.

26Dwelling houses and dual occupancies in Zone 1 (1), 7 (1), 7 (2), 7 (3) or 10(1)

This clause applies to land in Zone 1 (1), 7 (1), 7 (2), 7 (3) or 10.

(2)

In this clause—

dwelling lot means—

(a)
an existing holding, or
(b)
a lot that complies with such of the requirements set out in Schedule 2 (Subdivision standards) as apply to the land comprising the lot.

existing holding means—

(a)
except as provided by paragraph (b), a lot, portion or parcel of land as it was on 21 August 1981, or
(b)
where, on 21 August 1981, a person owned 2 or more adjoining or adjacent lots, portions or parcels of land, the aggregation of those lots, portions or parcels as they were on that date.

(3)

A dwelling must not be erected or created on land to which this clause applies, except in accordance with this clause.

(4)

Consent may be granted for the erection or creation of—

(a)
a dwelling house or dual occupancy-attached on a dwelling lot in Zone 1 (1), 7 (2) or 7 (3), or
(b)
a dwelling house on a dwelling lot in Zone 7 (1) or 10.

(5)

Consent must not be granted for the erection or creation of a dwelling house or dual occupancy-attached on a dwelling lot if its erection or creation would mean—

(a)
if the lot is in Zone 1 (1), 7 (1), 7 (2), 7 (3) or 10—that there is more than one dwelling house on the dwelling lot (counting any dwelling house already on the lot), or
(b)
if the lot is in Zone 1 (1), 7 (2) or 7 (3)—that there are more than two dwellings on the dwelling lot (counting any dwelling already on the lot).

(6)

Consent must not be granted for the erection or creation of a dual occupancy-attached or dual occupancy-detached on a neighbourhood lot in Zone 7 (3).

(7)

If consent is granted for the erection or creation of a dwelling house or a dual occupancy-attached on land comprising an existing holding, the consent authority may impose a condition of consent that requires the consolidation of all lots, portions or parcels that comprise that existing holding.

cl 26: Am 2007 (53), Sch 1 [19]–[21].

27Dwelling houses, small lot housing and dual occupancies in Zone 1 (2), 2 (1), 2 (2) or 7 (5)(1)

This clause applies to land in Zone 1 (2), 2 (1), 2 (2) or 7 (5).

(2)

In this clause—

dwelling lot means a lot that—

(a)
was a lawfully created lot at the commencement of this plan, or
(b)
is a lot lawfully created after that commencement under a development consent granted before or after that commencement, or
(c)
complies with such of the requirements set out in Schedule 2 (Subdivision standards) as apply to the land comprising the lot.

(3)

A dwelling must not be erected or created on land to which this clause applies, except in accordance with this clause.

(4)

Consent may be granted for the erection or creation of—

(a)
a dwelling house on a dwelling lot in Zone 2 (2), or
(b)
a dwelling house or dual occupancy-attached on a dwelling lot in Zone 1 (2) or 7 (5), or
(c)
a dwelling house, dual occupancy-attached or dual occupancy-detached on a dwelling lot in Zone 2 (1).

(5)

Consent must not be granted for the erection or creation of a dwelling house, dual occupancy-attached or dual occupancy-detached on a dwelling lot if its erection or creation would mean—

(a)
if the lot is in Zone 1 (2), 2 (1), 2 (2) or 7 (5)—that there is more than one dwelling house on the dwelling lot (counting any dwelling house already on the lot), or
(b)
if the lot is in Zone 1 (2), 2 (1) or 7 (5)—that there are more than two dwellings on the dwelling lot (counting any dwelling already on the lot).

(6)

Consent must not be granted for the erection or creation of a dual occupancy-attached or dual occupancy-detached on a neighbourhood lot in Zone 1 (2) or 7 (5).

(7)

Consent must not be granted for the erection or creation of a dual occupancy-attached or dual occupancy-detached on a battle-axe lot in Zone 2 (1).

(8)

Consent must not be granted for the erection or creation of small lot housing in Zone 2 (1) or 2 (2)—

(a)
on a battle-axe lot, or
(b)
on a lot less than 1,000 square metres in area.

(9)

Consent must not be granted to the erection or creation in Zone 2 (1) of—

(a)
a dual occupancy-attached on a lot less than 500 square metres in area, or
(b)
a dual occupancy-detached on a lot less than 600 square metres in area.

cl 27: Am 2007 (53), Sch 1 [22]–[24]; 2010 (218), Sch 1 [20].

28Dwelling houses on South Wallarah Peninsula in Zone 7 (1)

Despite any other provision of this plan, a person must not erect a dwelling house on an allotment of land within Zone 7 (1) within the South Wallarah Peninsula, being the land south of the land to which Lake Macquarie Local Environmental Plan 2000—North Wallarah Peninsula applies, unless the allotment has an area of not less than 100 hectares.

28AResidential flat buildings and multiple dwelling housing in Zone 2 (2)(1)

Consent must not be granted to the erection or creation of a residential flat building on—

(a)
an irregular or standard corner allotment in Zone 2 (2) unless the allotment has a minimum area of 1,500 square metres and a minimum width of 30 metres, or
(b)
a battle-axe allotment in Zone 2 (2) unless the allotment has a minimum area of 2,000 square metres and the battle-axe access handle has a minimum width of 8 metres, or
(c)
any other irregular allotment or standard allotment in Zone 2 (2) unless the allotment has a minimum area of 1,200 square metres and a minimum width of 30 metres.

(2)

Consent must not be granted to the erection or creation of multiple dwelling housing on—

(a)
a corner allotment in Zone 2 (2) unless the allotment has a minimum area of 1,200 square metres and a minimum width of 30 metres, or
(b)
a battle-axe allotment in Zone 2 (2) unless the allotment has a minimum area of 1,500 square metres and the battle-axe access handle has a minimum width of 8 metres, or

(c)
any other allotment in Zone 2 (2) unless the allotment has a minimum area of 900 square metres and a minimum width of 25 metres.

(3)

In this clause—

width means the distance of the perpendicular line between the side boundaries, as measured at the front building setback.

cl 28A: Ins 2010 (218), Sch 1 [21].

29Building heights(1)

(Repealed)

(2)

In considering an application for consent to the erection of a building the whole or part of which exceeds 8 metres, the consent authority must take into consideration whether that height is compatible with the heights of other buildings in the immediate vicinity or locality and is compatible with—

(a)
the site attributes, and existing or proposed uses of the land to which the application relates, and
(b)
the other requirements of this plan and the provisions of any relevant development control plan.

(3)

In the instance of development in proximity to an airport, the heights of buildings must comply with the applicable Obstacle Limitation Surface.

cl 29: Am 2007 (53), Sch 1 [25] [26].

30Control of pollution

Consent must not be granted to development unless the consent authority is satisfied that all reasonable and practicable control measures will be implemented to minimise pollution likely to arise from carrying out that development.

Note—

Pollution may be of air, noise or water. Water pollution includes nutrient and sediment loading.

31Erosion and sediment control(1)

This clause applies to development that involves or that, in the opinion of the consent authority, may give rise to the exposure of the soil surface of land to the action of wind or water, whether as a consequence of—

(a)
the carrying out of earthworks, or
(b)
the destruction or removal of vegetation, or
(c)
the carrying out of any other class of development.

(2)

Consent must not be granted to development to which this clause applies unless—

(a)
the consent authority is satisfied that all reasonable and practicable control measures will be carried out to prevent or minimise the effects of erosion and sediment, and
(b)
where the area of soil surface exposure is greater than 250 square metres, but less than 2,500 square metres, the consent authority has considered an erosion and sediment control plan complying with erosion and sediment control guidelines adopted by the Council, and whether the consent will include a condition requiring the development to be carried out in accordance with that plan, and
(c)
where the area of soil surface exposure is 2,500 square metres or greater, the consent authority has considered a soil and water management plan complying with construction guidelines adopted by the Council, and whether the consent will include a condition requiring the development to be carried out in accordance with that plan.

32Flood prone land(1)

Despite any other provision of this plan, a person must not erect a structure or carry out a work on flood prone land without development consent.

(2)

Before granting consent required by this clause, the consent authority must—

(a)
consider the contents of any flood management plan or development control plan applying to the land that has been prepared in accordance with the principles contained in the flood management manual, which is available from the office of the Council, and
(b)
be satisfied that to carry out the development in accordance with the consent would be consistent with flood hazard and levels of risk that are acceptable to the community.

(3)

The consent authority may, by a condition of consent to the carrying out of development referred to in subclause (1), require all floors or levels of the structure or work to be at a height sufficient, in the opinion of the consent authority, to prevent or reduce the incidence of flooding of that structure or work, or of adjoining land.

33Bush fire considerations(1)

This clause applies to bush fire prone land.

Note—

Section 146 of the Act provides that bush fire prone land is land recorded by the Council as such on a map certified by the Commissioner of the NSW Rural Fire Service as a bush fire prone land map for the area of the Council.

(2)

A person must not carry out bush fire hazard reduction work without development consent unless the person is authorised to carry out the work without consent by or under the Rural Fires Act 1997 or another Act.

(3)

Before granting consent required by this clause, the consent authority must—

(a)
have regard to the relevant provisions of Planning for Bush Fire Protection, available at the office of the Council, and
(b)
be satisfied that—
- (i)
  the measures proposed to avoid or mitigate the threat from bush fire, including the siting of the proposed development, the design of, and materials used in, any structures involved, the clearing of vegetation, and the provision of asset protection zones, landscaping and fire control aids (such as roads and water supplies), are adequate for the locality, and
- (ii)
  as far as possible, the potential impact on the environment of mitigation measures proposed is minimised.

(4)

A development application lodged with the Council, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Planning for Bush Fire Protection) 2020 is to be determined as if that Policy had not commenced.

(5)

In this clause—

Planning for Bush Fire Protection means the document prescribed by the Environmental Planning and Assessment Regulation 2021, section 271.

cl 33: Am 2007 No 82, Sch 3.15 [1] [2]; 2020 (69), Sch 1.6[1] [2]; Am 2023 (83), Sch 1.4[1] [2].

34Trees and native vegetationNote—

Part 6 contains controls relating to trees that are heritage items or within heritage conservation areas.

(1)

This clause applies to all land except—

(a)
State forest or other Crown-timber lands within the meaning of the Forestry Act 1916, or
(b)
land within Zone 8.

(2)

Except as provided by subclause (3), a person must not clear any tree or any native vegetation unless in accordance with a development consent that is in force.

(3)

Consent is not required for—

(a)
the clearing of trees or native vegetation authorised or required by or under the Electricity Supply Act 1995, or
(b)
the clearing of trees or native vegetation authorised or required by or under the Roads Act 1993, or
(c)
the clearing or harvesting of trees grown commercially or domestically for their edible fruit, or
(d)
the control of noxious weeds within the meaning of the Noxious Weeds Act 1993, or
(e)
the clearing of commercially grown plantation trees in accordance with the Plantations and Reafforestation Act 1999, or
(f)
the clearing of native vegetation without consent if authorised under the Native Vegetation Conservation Act 1997, any other Act or another environmental planning instrument, or
(g)
the removal of hazardous dead trees within Zone 2 (1), 2 (2), 3 (1), 3 (2), 4 (1), 4 (2), 4 (3), 5, 6 (1) or 6 (2), except where the trees provide habitat for species listed in Schedule 1 or 2 to the Threatened Species Conservation Act 1995, or
(h)
the removal of native vegetation on land, other than in Zone 7 (1), for the purpose of creating or maintaining landscaped and lawn areas where—
- (i)
  the removal, injury or destruction of trees is not involved, and
- (ii)
  the area to be cleared is less than 600 square metres in total and is on the same allotment as, and within the curtilage of, a dwelling for which development consent has been granted, and
- (iii)
  the soil surface exposed in any period of 90 consecutive days will not exceed 250 square metres, and
- (iv)
  the slope of the land does not exceed 15 degrees, and
- (v)
  the work does not involve the disturbance of native vegetation which is habitat for species listed in Schedule 1 or 2 to the Threatened Species Conservation Act 1995, and
- (vi)
  the area is not subject to a development consent that requires the trees or native vegetation to be retained, or
(i)
bushfire hazard reduction work, within the meaning of the Rural Fires Act 1997, that is exempted from any requirement for development consent by the operation of that Act, or
(j)
the clearing of any tree (other than any tree listed on the Council’s Significant Tree Register) or native vegetation that is—
- (i)
  within 5 metres of the outermost projection of a lawfully used building (being a building that is not exempt development), and
- (ii)
  on the same allotment as that building,
but only if a development consent does not require the tree or native vegetation to be retained, or
(k)
the clearing of any tree (other than a tree listed on the Council’s Significant Tree Register) or native vegetation that is—
- (i)
  within 1 metre of a sealed driveway to a lawfully used building (being a building that is not exempt development), and
- (ii)
  on the same allotment as that building,
but only if a development consent does not require the tree or native vegetation to be retained, or
(l)
the clearing of any tree or native vegetation where the Council is satisfied beforehand that the tree or native vegetation ought to be cleared because it is dangerous to life or property, or
(m)
the clearing of any tree or native vegetation required by an order given under Division 1 of Part 2 of Chapter 7 of the Local Government Act 1993.

(4)

Consent must not be granted for the clearing of any tree or native vegetation unless the consent authority has considered a statement of environmental effects that assesses in respect of the vicinity of the proposed clearing—

(a)
soil stability and prevention of land degradation, and
(b)
water quality and associated ecosystems such as streams, rivers, waterbodies or waterways, and
(c)
scenic or environmental amenity, and
(d)
vegetation species, vegetation communities, flora and fauna corridors and natural wildlife habitats.

(5)

Nothing in this clause affects any requirement made by or under the Native Vegetation Conservation Act 1997.

cl 34: Am 2007 (53), Sch 1 [27]–[31].

35Acid sulfate soils(1)

For the purpose of this clause, works means—

(a)
any disturbance of more than one tonne of soil (such as occurs in carrying out agriculture, the construction or maintenance of drains, extractive industries, dredging, the construction of artificial water bodies (including canals, dams, and detention basins), foundations and flood mitigation works), or
(b)
any other works that are likely to lower the water table, or
(c)
routine maintenance.

(2)

A person must not, without development consent, carry out works described in the following Table on land of the class specified for those works, except as provided by subclause (3).

Class of land as shown on Acid Sulfate Soils Planning Maps	Works
1	Any works.
2	Works below the natural ground surface. Works by which the watertable is likely to be lowered.
3	Works beyond 1 metre below the natural ground surface. Works by which the watertable is likely to be lowered beyond 1 metre below natural ground surface.
4	Works beyond 2 metres below the natural ground surface. Works by which the watertable is likely to be lowered beyond 2 metres below natural ground surface.
5	Works within 500 metres of adjacent Class 1, 2, 3 or 4 land which are likely to lower the watertable below 1 metre AHD on adjacent Class 1, 2, 3 or 4 land.

(3)

This clause does not require consent for the carrying out of those works if—

(a)
a copy of a preliminary assessment of the proposed works, undertaken in accordance with the Acid Sulfate Soil Manual, has been given to the Council, and
(b)
the Council has provided written advice to the person proposing to carry out the works confirming that the results of the preliminary assessment indicate the proposed works need not be carried out pursuant to an acid sulfate soils management plan prepared in accordance with the Acid Sulfate Soil Manual.

(4)

Consent required by this clause must not be granted unless the consent authority has considered—

(a)
the adequacy of an acid sulfate soils management plan prepared for the proposed development in accordance with the Acid Sulfate Soil Manual, and
(b)
the likelihood of the proposed development resulting in the discharge of acid water, and
(c)
(Repealed)

(5)

Despite subclause (2), development may be carried out by the Council or the Hunter Water Corporation without consent, being development consisting of—

(a)
emergency works, or
(b)
routine management, or
(c)
minor works.

(6)

Where the Council or the Hunter Water Corporation carries out development described in subclause (5) and encounters, or is likely to encounter, acid sulfate soils, the Council or the Hunter Water Corporation must properly deal with those soils in accordance with the proposed development in accordance with the Acid Sulfate Soil Manual so as to minimise the actual or potential impact on the environment arising from the disturbance of the soils.

cl 35: Am 2008 (571), Sch 3.99 [1].

36Mixed use development(1)

Consent must not be granted for mixed use development unless the consent authority is satisfied that—

(a)
the gross floor area that will be used for commercial, retail or recreation facilities (including recreational facilities (indoor) for development in Zone B4) will be not less than 20 percent of the total gross floor area within the site area to which the development application relates, and
(b)
the gross floor area that will be used for dwellings and any accommodation for tourists will be not less than 50 percent of that total.

(2)

Despite subclause (1), the Council may grant consent for mixed use development even though the gross floor area that will be used for commercial, retail or recreation facilities is less than 20% of the total gross floor area within the site if it is satisfied—

(a)
that the proposed gross floor area is justified on economic grounds, and
(b)
that the proposed development will provide an active street frontage.

(3)

In considering whether it is satisfied of the matters referred to in subclause (2), the Council must take into account the matters listed in clause 21 (a)–(j) to the extent that they are relevant to the proposed development.

(4)

In this clause—

active street frontage means a street frontage that enables direct visual and physical contact between the street and the interior of the building. Clearly defined entrances, windows and shop fronts are elements of the building façade that contribute to an active street frontage.

cl 36: Am 2010 (218), Sch 1 [22]; 2010 (288), Sch 1 [3].

37Unzoned land(1)

A person must not carry out development on unzoned land without development consent.

(2)

Development of unzoned land is not exempt or complying development, despite any other provision of this plan.

(3)

Consent must not be granted for development of unzoned land unless the consent authority has considered the objectives of the zones in which adjoining land is situated.

38Advertising structures and signs

Despite any other provision of this plan, the erection and use of an advertising sign or advertising structure of a type referred to in Schedule 1 requires consent if it is not exempt development.

39Additional development allowed on certain land(1)

Nothing in this plan prevents a person, with development consent, from carrying out on land described in Column 1 of Schedule 7 any development specified in relation to that land in Column 2 of Schedule 7, subject to such conditions (if any) as may be so specified.

(2)

If any development specified in Schedule 7 in relation to land is permissible with development consent subject to a condition that consent to the development must be obtained or applied for within a specified period, the consent authority is not prevented from granting consent after that period to the carrying out of alterations or extensions to, or the rebuilding of, a structure or place on that land for which such a consent has been granted.

40Development for the purpose of agriculture on land in Zone 7 (2)(1)

In this clause—

nominated owner means the person who, on the appointed day, owned a retained holding.

retained holding means—

(a)
a lot, portion or parcel of land as it was on the appointed day, or
(b)
where, on the appointed day, a person owned 2 or more adjoining or adjacent lots, portions or parcels of land, the aggregation of those lots, portions or parcels as they were on that day.

(2)

This clause applies to a retained holding only if—

(a)
not less than 70% of the retained holding is within Zone 7 (2), and
(b)
immediately prior to the appointed day, the retained holding was within a zone in which development for the purpose of agriculture was permissible either with or without consent.

(3)

Nothing in this plan prevents the nominated owner from carrying out development on a retained holding for the purpose of agriculture (other than intensive agriculture), but only with development consent.

41Development for the purpose of retirement villages(1)

This clause aims to maintain the opportunity for the development of retirement village style accommodation for aged persons in appropriate locations where the land satisfies the criteria specified in subclause (5).

(2)

This clause applies to—

(a)
land within Zone 2 (1), and
(b)
land that is not within Zone 2 (1), 7 (1), 7 (4), 8 or 9, but part or all of which immediately adjoins, or is within 400 metres of, land within Zone 2 (1).

(3)

In this clause—

retirement village means a complex containing residential premises that are predominantly or exclusively occupied, or intended to be predominantly or exclusively occupied, by persons aged 55 years or older, which provides access to meals, cleaning, emergency assistance, and a transport service for residents.

(4)

Nothing in this plan prevents a person, with development consent, from carrying out development on any land to which this clause applies for the purpose of a retirement village.

(5)

Despite subclause (4), consent may be granted to development for the purpose of a retirement village only if the consent authority is satisfied that—

(a)
the land on which the development will be carried out is of sufficient size to accommodate a minimum 70 unit retirement village development, and
(b)
the land has frontage to a formed public road servicing nearby urban areas, and
(c)
the development is able to be serviced with reticulated water, sewerage and electricity, and
(d)
at least 70% of the proposed development area comprises land with a slope of less than 20% grade.

42Consent to development subject to special requirements(1)

Consent must not be granted to development on any land described in Column 1 of Schedule 8 unless the consent authority has had regard to the development control plan or master plan required for the land by Column 2 of that Schedule.

(2)

Consent must not be granted to development on any land described in Column 1 of Schedule 9 unless the consent authority is satisfied, whether by the imposition of a condition on the consent or otherwise) that any requirement specified for the land in Column 2 of that Schedule has been or will be met.

42ARestricted development

Despite any other provision of this plan, the only development permissible on land described in Column 1 of Schedule 11 is development specified for the land in Column 2 of that Schedule.

cl 42A: Ins 2006 (430), Sch 1 [1].

42BEnvironmentally 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 and identified as “Clause 42B” on the maps, or sheets of maps, marked as follows—

•
Lake Macquarie Local Environmental Plan 2004 (Amendment No 50)—Sheet 2
•
Lake Macquarie Local Environmental Plan 2004 (Amendment No 59)—Sheet 1
•
Lake Macquarie Local Environmental Plan 2004 (Amendment No 61)—Sheet 2

(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.

Lake Macquarie Local Environmental Plan 2004 (Amendment No 1) (GG No 36 of 24.3.2005, p 905)

2005	No 64	Statute Law (Miscellaneous Provisions) Act 2005. Assented to 1.7.2005. Date of commencement of Sch 2.29, assent, sec 2 (2).
(720)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 4). GG No 139 of 11.11.2005, p 9379. Date of commencement, on gazettal.
2006	(128)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 16). GG No 37 of 24.3.2006, p 1552. Date of commencement, on gazettal.
(258)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 15). GG No 68 of 26.5.2006, p 3197. Date of commencement, on gazettal.
No 58	Statute Law (Miscellaneous Provisions) Act 2006. Assented to 20.6.2006. Date of commencement of Sch 2.26, assent, sec 2 (2).
(430)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 3). GG No 98 of 4.8.2006, p 6103. Date of commencement, on gazettal.
(565)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 6). GG No 114 of 8.9.2006, p 7915. Date of commencement, on gazettal.
(566)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 12). GG No 114 of 8.9.2006, p 7919. Date of commencement, on gazettal.
(567)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 13). GG No 114 of 8.9.2006, p 7923. Date of commencement, on gazettal.
2007	(53)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 2). GG No 31 of 9.2.2007, p 770. Date of commencement, on gazettal.
(197)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 17). GG No 63 of 4.5.2007, p 2608. Date of commencement, on gazettal.
(318)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 7). GG No 83 of 29.6.2007, p 4232. Date of commencement, on gazettal.
(331)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 10). GG No 90 of 13.7.2007, p 4502. Date of commencement, on gazettal.
(366)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 22). GG No 94 of 27.7.2007, p 4870. Date of commencement, on gazettal.
(524)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 19). GG No 156 of 26.10.2007, p 8112. Date of commencement, on gazettal.
No 82	Statute Law (Miscellaneous Provisions) Act (No 2) 2007. Assented to 7.12.2007. Date of commencement of Sch 3, assent, sec 2 (2).
(583)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 18). GG No 180 of 7.12.2007, p 9323. Date of commencement, on gazettal.
(641)	State Environmental Planning Policy (Infrastructure) 2007. GG No 185 of 21.12.2007, p 10003. Date of commencement, 1.1.2008, cl 3.
2008	(5)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 26). GG No 4 of 11.1.2008, p 34. Date of commencement, on gazettal.
(77)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 30). GG No 36 of 20.3.2008, p 2435. Date of commencement, on gazettal.
(152)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 20). GG No 61 of 30.5.2008, p 4061. Date of commencement, on gazettal.
(406)	State Environmental Planning Policy (Major Projects) 2005 (Amendment No 26). GG No 109 of 2.9.2008, p 9127. Date of commencement, on gazettal.
(544)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 14). GG No 152 of 28.11.2008, p 11393. Date of commencement, on gazettal.
(556)	State Environmental Planning Policy (Major Projects—North Cooranbong) Amendment 2008. GG No 155 of 5.12.2008, p 11751. Date of commencement, on gazettal.
(571)	State Environmental Planning Policy (Repeal of Concurrence and Referral Provisions) 2008. GG No 157 of 12.12.2008, p 11946. Date of commencement, 15.12.2008, cl 3.
(573)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 32). GG No 157 of 12.12.2008, p 12211. Date of commencement, on gazettal.
2009	(58)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 31). LW 20.2.2009. Date of commencement, on publication on LW.
(59)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 37). LW 20.2.2009. Date of commencement, on publication on LW.
(168)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 34). LW 8.5.2009. Date of commencement, on publication on LW.
(223)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 29). LW 5.6.2009. Date of commencement, on publication on LW.
No 56	Statute Law (Miscellaneous Provisions) Act 2009. Assented to 1.7.2009. Date of commencement of Sch 2.27, 1.7.2009, Sch 2.27 and 2009 (253) LW 26.6.2009.
(453)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 40). LW 4.9.2009. Date of commencement, on publication on LW, cl 2.
(497)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 36). LW 2.10.2009. Date of commencement, on publication on LW.
(498)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 39). LW 2.10.2009. Date of commencement, on publication on LW, cl 2.
(538)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 24). LW 20.11.2009. Date of commencement, on publication on LW, cl 2.
No 106	Statute Law (Miscellaneous Provisions) Act (No 2) 2009. Assented to 14.12.2009. Date of commencement of Sch 2, 8.1.2010, sec 2 (2).
2010	(4)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 41). LW 15.1.2010. Date of commencement, on publication on LW, cl 2.
(174)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 11). LW 7.5.2010. Date of commencement, on publication on LW, cl 2.
(175)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 49). LW 7.5.2010. Date of commencement, on publication on LW, cl 2.
(218)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 28). LW 28.5.2010. Date of commencement, on publication on LW, cl 2.
(288)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 33). LW 25.6.2010. Date of commencement, on publication on LW, cl 2. The amendments made by Sch 1 [5] [6] [9] [10] and [12]–[23] were without effect as the provisions being amended were amended by Lake Macquarie Local Environmental Plan 2004 (Amendment No 28).
(289)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 38). LW 25.6.2010. Date of commencement, on publication on LW.
(376)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 45). LW 16.7.2010. Date of commencement, on publication on LW, cl 2.
(512)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 21). LW 3.9.2010. Date of commencement, on publication on LW, cl 2.
(597)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 42). LW 15.10.2010. Date of commencement, on publication on LW, cl 2.
(620)	State Environmental Planning Policy (Major Development) Amendment (State Significant Sites—South Wallarah Peninsula) 2010. LW 5.11.2010. Date of commencement, on publication on LW, cl 2.
(667)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 51). LW 3.12.2010. Date of commencement, on publication on LW, cl 2.
2011	(103)	State Environmental Planning Policy (Standard Instrument References) Amendment 2011. LW 25.2.2011. Date of commencement, 25.2.2011, cl 2.
(276)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 55). LW 10.6.2011. Date of commencement, on publication on LW, cl 2.
(288)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 48). LW 17.6.2011. Date of commencement, on publication on LW, cl 2.
(400)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 62). LW 5.8.2011. Date of commencement, on publication on LW, cl 2.
(410)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 47). LW 12.8.2011. Date of commencement, on publication on LW, cl 2.
(475)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 53). LW 2.9.2011. Date of commencement, on publication on LW, cl 2.
(497)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 54). LW 16.9.2011. Date of commencement, on publication on LW, cl 2.
(593)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 46). LW 18.11.2011. Date of commencement, on publication on LW, cl 2.
(634)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 56). LW 9.12.2011. Date of commencement, on publication on LW, cl 2.
(657)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 57). LW 16.12.2011. Date of commencement, on publication on LW, cl 2.
2012	(11)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 52). LW 13.1.2012. Date of commencement, on publication on LW, cl 2.
(147)	State Environmental Planning Policy Amendment (Middle Camp) 2012. LW 13.4.2012. Date of commencement, on publication on LW, cl 2.
(148)	State Environmental Planning Policy Amendment (Nords Wharf) 2012. LW 13.4.2012. Date of commencement, on publication on LW, cl 2.
No 42	Statute Law (Miscellaneous Provisions) Act 2012. Assented to 21.6.2012. Date of commencement of Sch 2.20, 6.7.2012, sec 2 (1).
(418)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 68). LW 24.8.2012. Date of commencement, on publication on LW, cl 2.
(483)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 66). LW 28.9.2012. Date of commencement, on publication on LW, cl 2.
2013	(76)	State Environmental Planning Policy Amendment (Minmi–Newcastle Link Road) 2013. LW 1.3.2013. Date of commencement, on publication on LW, cl 2.
(102)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 65). LW 8.3.2013. Date of commencement, on publication on LW, cl 2.
(129)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 63). LW 28.3.2013. Date of commencement, on publication on LW, cl 2.
(229)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 61). LW 24.5.2013. Date of commencement, on publication on LW, cl 2.
(315)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 75). LW 21.6.2013. Date of commencement, on publication on LW, cl 2.
(523)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 77). LW 6.9.2013. Date of commencement, on publication on LW, cl 2.
(537)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 76). LW 13.9.2013. Date of commencement, on publication on LW, cl 2.
(588)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 50). LW 4.10.2013. Date of commencement, on publication on LW, cl 2.
(600)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 81). LW 18.10.2013. Date of commencement, on publication on LW, cl 2.
2014	(87)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 88). LW 28.2.2014. Date of commencement, on publication on LW, cl 2.
(116)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 72). LW 14.3.2014. Date of commencement, on publication on LW, cl 2.
(220)	State Environmental Planning Policy Amendment (South Wallarah Peninsula) 2014. LW 17.4.2014. Date of commencement, on publication on LW, cl 2.
(226)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 70). LW 17.4.2014. Date of commencement, on publication on LW, cl 2.
(251)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 82). LW 9.5.2014. Date of commencement, on publication on LW, cl 2.
(275)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 59). LW 23.5.2014. Date of commencement, on publication on LW, cl 2.
(362)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 83). LW 13.6.2014. Date of commencement, on publication on LW, cl 2.
(423)	Lake Macquarie Local Environmental Plan 2004 (Amendment No 74). LW 4.7.2014. Date of commencement, on publication on LW, cl 2.
No 88	Statute Law (Miscellaneous Provisions) Act (No 2) 2014. Assented to 28.11.2014. Date of commencement of Sch 2, 8.1.2015, sec 2 (1).
2019	(621)	State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019. Date of commencement of Sch 2.11, 15.1.2020, cl 2(1).
(659)	State Environmental Planning Policy Amendment (Repeal of Operational SEPPs) 2019. LW 20.12.2019. Date of commencement, 1.2.2020, cl 2.
2020	(69)	State Environmental Planning Policy Amendment (Planning for Bush Fire Protection) 2020. LW 28.2.2020. Date of commencement, 1.3.2020, cl 2.
(637)	State Environmental Planning Policy Amendment (Definitions) 2020. LW 28.10.2020. Date of commencement, 28.10.2020, cl 2.
(724)	State Environmental Planning Policy Amendment (Arts and Cultural Activity) 2020. LW 11.12.2020. Date of commencement, 11.12.2020, cl 2 and 2020 (713) LW 11.12.2020.
2021	(302)	State Environmental Planning Policy Amendment (Natural Disasters) 2021. LW 18.6.2021. Date of commencement, 23.6.2021, cl 2.
(716)	State Environmental Planning Policy Amendment (Miscellaneous) 2021. LW 26.11.2021. Date of commencement, on publication on LW, sec 2.
2022	(72)	State Environmental Planning Policy Amendment (Miscellaneous) 2022. LW 4.3.2022. Date of commencement, on publication on LW, sec 2.
(629)	State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022. Date of commencement, 21.11.2022, sec 2.
2023	(83)	State Environmental Planning Policy Amendment (National Construction Code) 2023. LW 24.2.2023. Date of commencement, 1.5.2023, sec 2.
(524)	State Environmental Planning Policy Amendment (Exceptions to Development Standards) 2023. LW 15.9.2023. Date of commencement, 1.11.2023, sec 2.
(554)	State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023. LW 29.9.2023. Date of commencement, 1.10.2023, sec 2.
(609)	State Environmental Planning Policy Amendment (Flood Planning) 2023. LW 10.11.2023. Date of commencement, on publication on LW, sec 2.

Table of amendments

Cl 2	Am 2008 (406), Sch 2.2; 2010 (620), Sch 1.2; 2014 (220), Sch 1 [1].
Cl 6	Subst 2010 (218), Sch 1 [1].
Cl 7	Am 2010 (288), Sch 1 [1]; 2011 (103), Sch 1.3.
Cl 9	Am 2007 (53), Sch 1 [1]; 2010 (218), Sch 1 [2].
Cl 11	Am 2010 (218), Sch 1 [3]; 2023 (524), Sch 1.1[2]; 2023 (609), Sch 2.10[1].
Cl 14	Am 2020 (724), Sch 1.7.
Cl 15, table	Am 2006 No 58, Sch 2.26 [1]; 2007 (53), Sch 1 [2]–[16]; 2010 (218), Sch 1 [4]–[14]; 2010 (288), Sch 1 [2]; 2013 (537), Sch 1 [1]; 2014 No 88, Sch 2.31 [1].
Part 3A (cll 15A, 15B)	Ins 2010 (218), Sch 1 [15].
Cl 19	Rep 2011 (276), Sch 1 [1].
Cl 21	Subst 2019 (659), Sch 1.15. Am 2023 (524), Sch 1.1[1] [4].
Cl 21A	Ins 2019 (659), Sch 2.15.
Cl 21B	Ins 2020 (724), Sch 3.
Cl 21C	Ins 2022 (629), Sch 2[3].
Cl 21D	Ins 2022 (629), Sch 2[4].
Cl 23	Am 2007 (53), Sch 1 [17].
Cl 24	Am 2007 (53), Sch 1 [18]; 2010 (218), Sch 1 [16]–[19]; 2011 (276), Sch 1 [2].
Cl 26	Am 2007 (53), Sch 1 [19]–[21].
Cl 27	Am 2007 (53), Sch 1 [22]–[24]; 2010 (218), Sch 1 [20].
Cl 28A	Ins 2010 (218), Sch 1 [21].
Cl 29	Am 2007 (53), Sch 1 [25] [26].
Cl 33	Am 2007 No 82, Sch 3.15 [1] [2]; 2020 (69), Sch 1.6[1] [2]; Am 2023 (83), Sch 1.4[1] [2].
Cl 34	Am 2007 (53), Sch 1 [27]–[31].
Cl 35	Am 2008 (571), Sch 3.99 [1].
Cl 36	Am 2010 (218), Sch 1 [22]; 2010 (288), Sch 1 [3].
Cl 42A	Ins 2006 (430), Sch 1 [1].
Cl 42B	Ins 2013 (229), Sch 1 [1]. Am 2013 (588), Sch 1 [1]; 2014 (275), Sch 1 [1].
Cl 44	Am 2008 (571), Sch 3.99 [2].
Cl 48	Am 2021 (716), Sch 1.11.
Cl 49	Rep 2008 (571), Sch 3.99 [3].
Cl 50	Am 2008 (571), Sch 3.99 [4] [5].
Cl 51	Am 2008 (571), Sch 3.99 [6]; 2011 (276), Sch 1 [3].
Cl 55	Am 2007 (53), Sch 1 [32]; 2008 (556), Sch 1 [1].
Cl 58	Rep 2008 (571), Sch 3.99 [7].
Cl 59	Am 2008 (571), Sch 3.99 [8]–[10].
Cl 60	Am 2007 (53), Sch 1 [33]; 2008 (571), Sch 3.99 [11].
Cl 61	Am 2006 (430), Sch 1 [2]; 2011 (634), Sch 1 [1]–[3]; 2012 No 42, Sch 2.20; 2019 (621), Sch 2.11[1].
Cl 62	Ins 2008 (152), Sch 1 [1]. Am 2008 (544), Sch 1 [1]; 2008 (556), Sch 1 [2]–[4]; 2009 (497), Sch 1 [1] [2]; 2009 (538), Sch 1 [1]; 2010 (4), Sch 1 [1]; 2010 (174), cl 4 (1); 2010 (288), Sch 1 [4]; 2010 (289), Sch 1 [1]; 2010 (376), cl 4 (1); 2010 (597), Sch 1 [1]; 2011 (593), Sch 1 [1]; 2013 (229), Sch 1 [2]; 2013 (588), Sch 1 [2]; 2014 (275), Sch 1 [2]; 2023 (554), Sch 2.16[1].
Part 8, Div 1 (cll 63–66)	Ins 2012 (147), Sch 1.
Part 8, Div 2	Ins 2012 (147), Sch 1.
Cl 67	Ins 2012 (147), Sch 1.
Cl 68	Ins 2012 (147), Sch 1.
Cl 69	Ins 2012 (147), Sch 1.
Cl 70	Ins 2012 (147), Sch 1.
Cl 71	Ins 2012 (147), Sch 1.
Cl 72	Ins 2012 (147), Sch 1.
Cl 73	Ins 2012 (147), Sch 1.
Cl 74	Ins 2012 (147), Sch 1.
Cl 75	Ins 2012 (147), Sch 1.
Cl 76	Ins 2012 (147), Sch 1. Am 2023 (524), Sch 1.1[1].
Cl 77	Ins 2012 (147), Sch 1.
Cl 78	Ins 2012 (147), Sch 1.
Cl 79	Ins 2012 (147), Sch 1. Rep 2023 (554), Sch 2.16[2].
Cl 80	Ins 2012 (147), Sch 1.
Cl 81	Ins 2012 (147), Sch 1.
Cl 82	Ins 2012 (147), Sch 1. Am 2022 (72), Sch 1.25[1].
Cl 83	Ins 2012 (147), Sch 1.
Cl 84	Ins 2012 (147), Sch 1. Am 2019 (621), Sch 2.11[2].
Cl 85	Ins 2012 (147), Sch 1.
Part 9, Div 1 (cll 86–89)	Ins 2012 (148), Sch 1.
Part 9, Div 2	Ins 2012 (148), Sch 1.
Cl 90	Ins 2012 (148), Sch 1.
Cl 91	Ins 2012 (148), Sch 1.
Cl 92	Ins 2012 (148), Sch 1.
Cl 93	Ins 2012 (148), Sch 1.
Cl 94	Ins 2012 (148), Sch 1.
Cl 95	Ins 2012 (148), Sch 1.
Cl 96	Ins 2012 (148), Sch 1.
Cl 97	Ins 2012 (148), Sch 1.
Cl 98	Ins 2012 (148), Sch 1. Am 2023 (524), Sch 1.1[1].
Cl 99	Ins 2012 (148), Sch 1.
Cl 100	Ins 2012 (148), Sch 1. Rep 2023 (554), Sch 2.16[2].
Cl 101	Ins 2012 (148), Sch 1.
Cl 102	Ins 2012 (148), Sch 1.
Cl 103	Ins 2012 (148), Sch 1. Am 2022 (72), Sch 1.25[1].
Cl 104	Ins 2012 (148), Sch 1.
Cl 105	Ins 2012 (148), Sch 1. Am 2019 (621), Sch 2.11[3].
Part 10, Div 1 (cll 106–110)	Ins 2013 (76), Sch 1.
Part 10, Div 2	Ins 2013 (76), Sch 1.
Cl 111	Ins 2013 (76), Sch 1.
Cl 112	Ins 2013 (76), Sch 1.
Cl 113	Ins 2013 (76), Sch 1.
Cl 114	Ins 2013 (76), Sch 1.
Cl 115	Ins 2013 (76), Sch 1.
Cl 116	Ins 2013 (76), Sch 1.
Cl 117	Ins 2013 (76), Sch 1.
Cl 118	Ins 2013 (76), Sch 1.
Cl 119	Ins 2013 (76), Sch 1.
Cl 120	Ins 2013 (76), Sch 1.
Cl 121	Ins 2013 (76), Sch 1. Am 2023 (524), Sch 1.1[1].
Cl 122	Ins 2013 (76), Sch 1.
Cl 123	Ins 2013 (76), Sch 1.
Cl 124	Ins 2013 (76), Sch 1.
Cl 125	Ins 2013 (76), Sch 1.
Cl 126	Ins 2013 (76), Sch 1. Rep 2023 (554), Sch 2.16[2].
Cl 127	Ins 2013 (76), Sch 1.
Cl 128	Ins 2013 (76), Sch 1.
Cl 129	Ins 2013 (76), Sch 1. Am 2022 (72), Sch 1.25[1].
Cl 130	Ins 2013 (76), Sch 1. Am 2019 (621), Sch 2.11[4].
Cl 131	Ins 2013 (76), Sch 1. Am 2023 (609), Sch 2.10[2].
Part 11, Div 1 (cll 132–135)	Ins 2014 (220), Sch 1 [2].
Part 11, Div 2	Ins 2014 (220), Sch 1 [2].
Cl 136	Ins 2014 (220), Sch 1 [2].
Cl 137	Ins 2014 (220), Sch 1 [2].
Cl 138	Ins 2014 (220), Sch 1 [2].
Cl 139	Ins 2014 (220), Sch 1 [2].
Cl 140	Ins 2014 (220), Sch 1 [2].
Cl 141	Ins 2014 (220), Sch 1 [2].
Cl 142	Ins 2014 (220), Sch 1 [2].
Cl 143	Ins 2014 (220), Sch 1 [2].
Cl 144	Ins 2014 (220), Sch 1 [2].
Cl 145	Ins 2014 (220), Sch 1 [2]. Am 2023 (524), Sch 1.1[1].
Cl 146	Ins 2014 (220), Sch 1 [2].
Cl 147	Ins 2014 (220), Sch 1 [2].
Cl 148	Ins 2014 (220), Sch 1 [2].
Cl 149	Ins 2014 (220), Sch 1 [2].
Cl 150	Ins 2014 (220), Sch 1 [2].
Cl 151	Ins 2014 (220), Sch 1 [2].
Cl 152	Ins 2014 (220), Sch 1 [2]. Am 2022 (72), Sch 1.25[2].
Cl 153	Ins 2014 (220), Sch 1 [2].
Cl 154	Ins 2014 (220), Sch 1 [2]. Am 2019 (621), Sch 2.11[5].
Cl 155	Ins 2014 (220), Sch 1 [2]. Am 2022 (72), Sch 1.25[3].
Cl 156	Ins 2014 (220), Sch 1 [2].
Cl 157	Ins 2021 (302), Sch 1.15.
Sch 1	Am 2005 No 64, Sch 2.29; 2007 (53), Sch 1 [34]–[69]; 2009 No 56, Sch 2.27; 2010 (218), Sch 1 [23]–[26]; 2010 (288), Sch 1 [7] [8] [11]; 2011 (276), Sch 1 [4].
Sch 2	Am 2007 (53), Sch 1 [70]–[72]. Subst 2010 (218), Sch 1 [27].
Sch 3, heading	Subst 2011 (634), Sch 1 [4].
Sch 3	Am 2006 (430), Sch 1 [3]; 2006 (566), Sch 1 [1]; 2006 (567), cl 4; 2007 (366), Sch 1; 2007 (524), Sch 1 [1]; 2008 (573), Sch 1 [1]–[4]; 2010 (218), Sch 1 [28] [29]; 2010 (667), Sch 1 [1] [2]; 2011 (276), Sch 1 [5]–[11]; 2011 (288), Sch 1 [1]–[3]; 2011 (410), Sch 1 [1] [2]; 2011 (497), Sch 1 [1]–[5]; 2011 (634), Sch 1 [4]; 2012 (418), Sch 1 [1]; 2013 (129), Sch 1 [1] [2]; 2013 (229), Sch 1 [3]; 2013 (588), Sch 1 [3]; 2014 (226), cl 4 (1); 2014 (423), Sch 1 [1] [2].
Sch 4	Am 2007 (53), Sch 1 [73]–[98]; 2010 (218), Sch 1 [30]–[41]; 2011 (276), Sch 1 [12]–[31]; 2012 (11), Sch 1 [1]–[14]; 2012 (418), Sch 1 [2]–[8].
Sch 5	Am 2011 (276), Sch 1 [32].
Sch 6	Am 2011 (276), Sch 1 [33].
Sch 7	Am 2007 (53), Sch 1 [99] [100]; 2009 (453), Sch 1; 2010 (288), Sch 1 [24]; 2010 (512), Sch 1 [1]; 2011 (276), Sch 1 [34] [35]; 2012 (11), Sch 1 [15]; 2012 (418), Sch 1 [9]–[11]; 2013 (102), Sch 1 [1]; 2013 (537), Sch 1 [2]; 2014 (226), cl 4 (2).
Sch 8	Am 2007 (197), Sch 1 [1]; 2009 (223), Sch 1 [1]; 2009 (497), Sch 1 [3]; 2009 No 106, Sch 2.15; 2010 (4), Sch 1 [2]; 2010 (218), Sch 1 [42]–[44]; 2010 (288), Sch 1 [25]; 2010 (512), Sch 1 [2]; 2010 (597), Sch 1 [2]; 2011 (276), Sch 1 [36] [37]; 2011 (657), Sch 1 [1]; 2012 (11), Sch 1 [16]; 2012 (418), Sch 1 [12]–[15]; 2013 (229), Sch 1 [4]; 2013 (588), Sch 1 [4]; 2014 (275), Sch 1 [3]; 2014 (362), cl 4 (1).
Sch 9	Am 2010 (218), Sch 1 [45]; 2010 (288), Sch 1 [26]; 2010 (512), Sch 1 [3]; 2011 (276), Sch 1 [38]–[40]; 2011 (593), Sch 1 [2]; 2011 (657), Sch 1 [2]; 2012 (418), Sch 1 [16]–[19]; 2014 (362), cl 4 (2).

Sch 11	Ins 2006 (430), Sch 1 [4]. Am 2011 (276), Sch 1 [41]; 2012 (418), Sch 1 [20].
Dictionary	Am 2004 No 55, Sch 2.18; 24.3.2005; 2005 (720), cl 4; 2006 (128), cl 4; 2006 (258), cl 4; 2006 No 58, Sch 2.26 [2]; 2006 (430), Sch 1 [5]; 2006 (565), cl 4; 2006 (566), Sch 1 [2]; 2007 (53), Sch 1 [101]–[107]; 2007 (197), Sch 1 [2]; 2007 (318), cl 4; 2007 (331), cl 4; 2007 (524), Sch 1 [2]; 2007 (583), cl 4; 2007 (641), Sch 5.20; 2008 (5), cl 4; 2008 (77), cl 4; 2008 (152), Sch 1 [2]; 2008 (544), Sch 1 [2]; 2008 (556), Sch 1 [5]; 2008 (573), Sch 1 [5]; 2009 (58), cl 4; 2009 (59), cl 4; 2009 (168), cl 4; 2009 (223), Sch 1 [2]; 2009 (497), Sch 1 [4]; 2009 (498), Sch 1; 2009 (538), Sch 1 [2]; 2010 (4), Sch 1 [3]; 2010 (174), cl 4 (2); 2010 (175), cl 4; 2010 (218), Sch 1 [46]–[49]; 2010 (288), Sch 1 [27]; 2010 (289), Sch 1 [2]; 2010 (376), cl 4 (2); 2010 (512), Sch 1 [4]; 2010 (597), Sch 1 [3]; 2010 (667), Sch 1 [3]; 2011 (276), Sch 1 [42]; 2011 (288), Sch 1 [4]; 2011 (400), cl 4; 2011 (410), Sch 1 [3]; 2011 (475), cl 4; 2011 (497), Sch 1 [6]; 2011 (593), Sch 1 [3]; 2011 (657), Sch 1 [3]; 2012 (11), Sch 1 [17]; 2012 (483), cl 4; 2013 (102), Sch 1 [2]; 2013 (229), Sch 1 [5]; 2013 (315), cl 4; 2013 (523), cl 4; 2013 (537), Sch 1 [3]–[6]; 2013 (588), Sch 1 [5]; 2013 (600), cl 4; 2014 (87), cl 4; 2014 (116), cl 4; 2014 (251), cl 4; 2014 (275), Sch 1 [4]; 2014 (362), cl 4 (3); 2014 (423), Sch 1 [3]; 2014 No 88, Sch 2.31 [2]; 2020 (637), Sch 1.1; 2022 (72), Sch 1.25[4].
Maps	Am 2012 (147), Sch 1; 2012 (148), Sch 1; 2013 (76), Sch 1; 2014 (220), Sch 1 [2].