Lake Macquarie Local Environmental Plan 2014 (Amendment No 15) (2020-773) LW 18 December 2020 (NSW)

New South Wales

Lake Macquarie Local Environmental Plan

2014 (Amendment No 15)

under the

Environmental Planning and Assessment Act 1979

The following local environmental plan is made by the local plan-making authority under the

Environmental Planning and Assessment Act 1979.

DAN SIMPKINS

As delegate for the Minister for Planning and Public Spaces

Lake Macquarie Local Environmental Plan 2014 (Amendment No 15) [NSW]

Lake Macquarie Local Environmental Plan 2014 (Amendment No

15)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Lake Macquarie Local Environmental Plan 2014 (Amendment No 15).

2      Commencement

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

3      Land to which Plan applies

This Plan applies to the land to which Lake Macquarie Local Environmental Plan

2014 applies.

Lake Macquarie Local Environmental Plan 2014 (Amendment No 15) [NSW]

Schedule 1 Amendment of Lake Macquarie Local Environmental Plan 2014

Schedule 1	Amendment of Lake Macquarie Local
Environmental Plan 2014

[1]      Part 7 Additional local provisions

Insert at the end of the Part, with appropriate clause numbering—

Short-term rental accommodation

(1)

The objective of this clause is to require development consent for the temporary use of a dwelling containing 5 or more bedrooms as short-term rental accommodation.

(2)

Despite any other provision of this Plan, development consent is required for the use of a dwelling containing 5 or more bedrooms as short-term rental accommodation.

Note 1. Schedule 2 provides that the use of a dwelling containing 4 or fewer bedrooms

as short-term rental accommodation is exempt development if it meets the standards

for the development contained in that Schedule.

Note 2. The short-term rental accommodation industry is regulated by Part 4, Division

4A of the Fair Trading Act 1987 and by Part 2A of the Fair Trading Regulation 2019, which declares a Code of Conduct for the Short-term Rental Accommodation Industry.

[2]      Schedule 2 Exempt development

Insert in appropriate order—

Short-term rental accommodation

Note 1. If the subject dwelling is located on bush fire prone land, a bush fire safety

authority, within the meaning of section 100A of the Rural Fires Act 1997, must be obtained before the dwelling is used as short-term rental accommodation—see section 100B of the Rural Fires Act 1997.

Note 2. The short-term rental accommodation industry is regulated by Part 4, Division

4A of the Fair Trading Act 1987 and by Part 2A of the Fair Trading Regulation 2019, which declares a Code of Conduct for the Short-term Rental Accommodation Industry.

(1)

Must be located in a zone where dwellings are permitted with development

consent.

(2)

The dwelling must not contain more than 4 bedrooms.

(3)

Signage, being no more than 1m2 in size, must be clearly displayed on the land to which the sign relates and contain the name and telephone number, including an after hours telephone number, of the owner or property manager.

[3]      Dictionary

Insert in alphabetical order—

short-term rental accommodation means a dwelling, or part of a dwelling,

used for the purpose of tourist and visitor accommodation, other than bed and breakfast accommodation, farm stay accommodation or hotel and motel accommodation, that is available for rent for a period of not more than 3 months at any one time.