Lake Macquarie Local Environmental Plan 2014 (NSW)
This Plan is Lake Macquarie Local Environmental Plan 2014.
This Plan commences 28 days after it is published on the NSW legislation website.
This Plan aims to make local environmental planning provisions for land in Lake Macquarie City in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to recognise the importance of Lake Macquarie and its waterways, including the coast, as an environmental, social, recreational and economic asset to Lake Macquarie City and the Hunter and Central Coast regions,
(b) to implement a planning framework that protects areas of significant conservation importance, while facilitating development and public facilities in appropriate areas, that are accessible to a range of population groups, to accommodate Lake Macquarie City’s social and economic needs,
(c) to promote the efficient and equitable provision of public services, infrastructure and amenities,
(d) to facilitate a range of accommodation types throughout Lake Macquarie City so that housing stock meets the diversity of community needs and is affordable to as large a proportion of the population as possible,
(e) to apply the principles of ecologically sustainable development,
(f) to encourage development that enhances the sustainability of Lake Macquarie City, including the ability to adapt to and mitigate against climate change.
This Plan applies to the land identified on the Land Application Map.
Despite subclause (1), this Plan does not apply to the land identified as “Deferred matter” on the Land Application Map.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
Notes in this Plan are provided for guidance and do not form part of this Plan.
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(Repealed)
Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
The following local environmental plans are repealed under this provision—
• Lake Macquarie Local Environmental Plan 2000—North Wallarah Peninsula
All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
Hunter Regional Environmental Plan 1989 (Heritage) is amended by omitting “City of Lake Macquarie,” from clause 3.
This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
This clause does not affect the rights or interests of any public authority under any registered instrument.
Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
The land use zones under this Plan are as follows—
• Rural Zones RU2 Rural Landscape
RU3 Forestry
RU4 Primary Production Small Lots
RU6 Transition
• Residential Zones R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
• Employment Zones E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
E5 Heavy Industrial
• Mixed Use Zones MU1 Mixed Use
• Special Purpose Zones SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
• Recreation Zones RE1 Public Recreation
RE2 Private Recreation
• Conservation Zones C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
• Waterway Zones W1 Natural Waterways
W4 Working Waterfront
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
This clause is subject to the other provisions of this Plan.
Schedule 1 sets out additional permitted uses for particular land.
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
Clause 2.6 requires consent for subdivision of land.
Part 5 contains other provisions which require consent for particular development.
Development may be carried out on unzoned land only with development consent.
In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
Land to which this Plan applies may be subdivided, but only with development consent.
If a subdivision is specified as
Part 6 of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is
Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
The definition of
The demolition of a building or work may be carried out only with development consent.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 28 days (whether or not consecutive days) in any period of 12 months.
Development consent must not be granted unless the consent authority is satisfied that—
(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Canal estate development is prohibited on land to which this Plan applies.
In this Plan,
(a) a constructed canal, or other waterway or waterbody, that—
(i) is inundated by surface water or groundwater movement, or
(ii) drains to a waterway or waterbody by surface water or groundwater movement, and
(b) the erection of a dwelling, and
(c) one or both of the following—
(i) the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,
(ii) excavation to create a waterway.
Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—
(a) carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and
(b) limited to the minimum reasonable size and capacity.
In this clause—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
• State Environmental Planning Policy (Housing) 2021
• State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
• State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
• State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
• State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
• State Environmental Planning Policy (Primary Production) 2021, Chapter 2
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To maintain the rural landscape character of the land.
• To provide for a range of compatible land uses, including extensive agriculture.
• To maintain and enhance the natural amenity and the ecological values of the land.
• To provide for sustainable land management and forestry practices.
Extensive agriculture; Home occupations; Horticulture
Agritourism; Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Cellar door premises; Cemeteries; Community facilities; Crematoria; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Freight transport facilities; Funeral homes; Garden centres; Health consulting rooms; Helipads; Home-based child care; Home businesses; Home industries; Industrial training facilities; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Landscaping material supplies; Mortuaries; Passenger transport facilities; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Resource recovery facilities; Roads; Roadside stalls; Rural industries; Rural supplies; Veterinary hospitals; Water recreation structures; Water supply systems
Any development not specified in item 2 or 3
• To enable development for forestry purposes.
• To enable other development that is compatible with forestry land uses.
• To acknowledge the use of State forests for recreation, conservation and sustainable harvesting of timber.
Uses authorised under the Forestry Act 2012 or under Part 5B (Private native forestry) of the Local Land Services Act 2013
Airstrips; Aquaculture Biosolids treatment facilities; Camping grounds; Environmental protection works; Extensive agriculture; Extractive industries; Farm buildings; Forestry; Helipads; Roads; Rural industries; Signage; Water supply systems
Advertising structures; Livestock processing industries; Stock and sale yards; Any other development not specified in item 2 or 3
• To enable sustainable primary industry and other compatible land uses.
• To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To provide for a rural lifestyle and other compatible activities.
• To maintain or improve the quality of the environment.
Home occupations
Agritourism; Aquaculture; Bed and breakfast accommodation; Boat sheds; Cellar door premises; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Extensive agriculture; Farm buildings; Farm stay accommodation; Home-based child care; Home businesses; Home industries; Intensive plant agriculture; Landscaping material supplies; Plant nurseries; Recreation areas; Roads; Roadside stalls; Signage; Veterinary hospitals; Water recreation structures; Water supply systems
Any development not specified in item 2 or 3
• To protect and maintain land that provides a transition between rural and other land uses of varying intensities or environmental sensitivities.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To identify land that requires environmental studies to substantiate the capability and suitability of land prior to rezoning.
• To limit development that will prejudice or have the potential to prejudice future conservation or development of the land.
Nil
Bed and breakfast accommodation; Dwelling houses; Emergency services facilities; Environmental facilities; Extensive agriculture; Home businesses; Home industries; Oyster aquaculture; Roads; Roadside stalls; Signage; Tank-based aquaculture
Any other development not specified in item 2 or 3
• To provide for the housing needs of the community.
• To provide for a variety of housing types and densities.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To provide for sensitive development of land at North Wallarah Peninsula.
Home occupations
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Business premises; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home-based child care; Home businesses; Home industries; Hotel or motel accommodation; Hostels; Information and education facilities; Kiosks; Markets; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Recreation facilities (outdoor); Residential flat buildings; Respite day care centres; Restaurants or cafes; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Serviced apartments; Sewage reticulation systems; Sewage treatment plants; Shop top housing; Signage; Tank-based aquaculture; Water recycling facilities; Water supply systems
Advertising structures; Funeral homes; Any other development not specified in item 2 or 3
• To provide for the housing needs of the community within a low density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To encourage development that is sympathetic to the scenic, aesthetic and cultural heritage qualities of the built and natural environment.
Home-based child care; Home occupations
Bed and breakfast accommodation; Boat sheds; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Emergency services facilities; Environmental facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Health consulting rooms; Home businesses; Home industries; Kiosks; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Residential accommodation; Respite day care centres; Roads; Sewage reticulation systems; Sewage treatment plants; Tank-based aquaculture; Water recreation structures; Water recycling facilities; Water supply systems
Any other development not specified in item 2 or 3
• To provide for the housing needs of the community within a medium density residential environment.
• To provide a variety of housing types within a medium density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To maintain and enhance the residential amenity and character of the surrounding area.
Home occupations
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Boat sheds; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Emergency services facilities; Environmental facilities; Environmental protection works; Exhibition homes; Flood mitigation works; Group homes; Home-based child care; Home businesses; Home industries; Hotel or motel accommodation; Kiosks; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Registered clubs; Residential accommodation; Respite day care centres; Roads; Seniors housing; Sewage reticulation systems; Sewage treatment plants; Tank-based aquaculture; Water recreation structures; Water recycling facilities; Water supply systems
Any other development not specified in item 2 or 3
• To provide for the housing needs of the community within a high density residential environment.
• To provide a variety of housing types within a high density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
Home occupations
Boarding houses; Building identification signs; Business identification signs; Car parks; Centre-based child care facilities; Community facilities; Early education and care facilities; Educational establishments; Emergency services facilities; Environmental protection works; Health services facilities; Home businesses; Markets; Multi dwelling housing; Neighbourhood shops; Neighbourhood supermarkets; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation areas; Residential flat buildings; Respite day care centres; Restaurants or cafes; Roads; Seniors housing; Shop top housing; Take-away food and drink premises; Tourist and visitor accommodation
Pond-based aquaculture; Tank-based aquaculture; Any other development not specified in item 2 or 3
• To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.
• To encourage investment in local commercial development that generates employment opportunities and economic growth.
• To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
• To encourage employment opportunities in accessible locations.
Building identification signs; Business identification signs; Home businesses; Home industries; Home occupations
Amusement centres; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Hostels; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation facilities (indoor); Residential flat buildings; Respite day care centres; Service stations; Shop top housing; Tank-based aquaculture; Veterinary hospitals; Any other development not specified in item 2 or 4
Advertising structures; Agriculture; Air transport facilities; Airstrips; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Industrial retail outlets; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures
• To strengthen the role of the commercial centre as the centre of business, retail, community and cultural activity.
• To encourage investment in commercial development that generates employment opportunities and economic growth.
• To encourage development that has a high level of accessibility and amenity, particularly for pedestrians.
• To enable residential development only if it is consistent with the Council’s strategic planning for residential development in the area.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
• To strengthen the roles of Charlestown, Glendale and Morrisset as regional centres.
Building identification signs; Home occupations
Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Home industries; Hostels; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Vehicle repair stations; Veterinary hospitals; Any other development not specified in item 2 or 4
Advertising structures; Agriculture; Air transport facilities; Airstrips; Bed and breakfast accommodation; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; Heavy industrial storage establishments; Highway service centres; Home-based child care; Industrial retail outlets; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Recreation facilities (major); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures
• To provide a range of facilities and services, light industries, warehouses and offices.
• To provide for land uses that are compatible with, but do not compete with, land uses in surrounding local and commercial centres.
• To maintain the economic viability of local and commercial centres by limiting certain retail and commercial activity.
• To provide for land uses that meet the needs of the community, businesses and industries but that are not suited to locations in other employment zones.
• To provide opportunities for new and emerging light industries.
• To enable other land uses that provide facilities and services to meet the day to day needs of workers, to sell goods of a large size, weight or quantity or to sell goods manufactured on-site.
Building identification signs; Business identification signs
Animal boarding or training establishments; Boat building and repair facilities; Business premises; Centre-based child care facilities; Community facilities; Depots; Function centres; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Landscaping material supplies; Light industries; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Rural supplies; Service stations; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies; Any other development not specified in item 2 or 4
Advertising structures; Agriculture; Air transport facilities; Airstrips; Amusement centres; Boat launching ramps; Camping grounds; Caravan parks; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Eco-tourist facilities; Electricity generating works; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Food and drink premises; Forestry; Heavy industrial storage establishments; Highway service centres; Home businesses; Home occupations; Home occupations (sex services); Home-based child care; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Registered clubs; Residential accommodation; Restricted premises; Roadside stalls; Rural industries; Shops; Tourist and visitor accommodation; Transport depots; Truck depots; Waste or resource management facilities; Water recreation structures
• To provide a range of industrial, warehouse, logistics and related land uses.
• To ensure the efficient and viable use of land for industrial uses.
• To minimise any adverse effect of industry on other land uses.
• To encourage employment opportunities.
• To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.
• To enable ancillary commercial uses if the uses will not undermine the function of existing and future urban centres.
Building identification signs; Business identification signs
Depots; Freight transport facilities; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Light industries; Local distribution premises; Medical centres; Neighbourhood shops; Oyster aquaculture; Take away food and drink premises; Tank-based aquaculture; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
Advertising structures; Air transport facilities; Amusement centres; Boat launching ramps; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Commercial premises; Community facilities; Correctional centres; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Extensive agriculture; Extractive industries; Farm buildings; Forestry; Function centres; Funeral homes; Health services facilities; Heavy industrial storage establishments; Heavy industries; Highway service centres; Home businesses; Home occupations; Home-based child care; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Pond-based aquaculture; Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Restricted premises; Rural industries; Tourist and visitor accommodation; Water recreation structures
• To provide areas for industries that need to be separated from other land uses.
• To ensure the efficient and viable use of land for industrial uses.
• To minimise any adverse effect of industry on other land uses.
• To encourage employment opportunities.
Building identification signs; Business identification signs
Data centres; Depots; Freight transport facilities; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Hazardous storage establishments; Heavy industries; Industrial training facilities; Medical centres; Neighbourhood shops; Offensive storage establishments; Oyster aquaculture; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres; Any other development not specified in item 2 or 4
Advertising structures; Air transport facilities; Amusement centres; Boat launching ramps; Camping grounds; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Commercial premises; Community facilities; Correctional centres; Eco-tourist facilities; Educational establishments; Entertainment facilities; Exhibition homes; Exhibition villages; Extensive agriculture; Extractive industries; Farm buildings; Forestry; Function centres; Funeral homes; Health services facilities; Highway service centres; Home businesses; Home occupations; Home-based child care; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Passenger transport facilities; Pond-based aquaculture; Public administration buildings; Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Rural industries; Tourist and visitor accommodation; Water recreation structures
• To encourage a diversity of business, retail, office and light industrial land uses that generate employment opportunities.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
• To enable development that complements and enhances the core retail function and trading performance of Zone E1 Local Centre and Zone E2 Commercial Centre.
Building identification signs; Business identification signs
Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Function centres; Hostels; Information and education facilities; Light industries; Local distribution premises; Medical centres; Multi dwelling housing; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Any other development not specified in item 2 or 4
Advertising structures; Agriculture; Air transport facilities; Airstrips; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home occupations (sex services); Industrial retail outlets; Industries; Jetties; Marinas; Mooring pens; Moorings; Open cut mining; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Rural industries; Sex services premises; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Warehouse or distribution centres; Waste or resource management facilities; Water recreation structures; Wholesale supplies
• To provide for special land uses that are not provided for in other zones.
• To provide for sites with special natural characteristics that are not provided for in other zones.
• To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.
Nil
Aquaculture; Environmental protection works; Flood mitigation works; Roads; Sewage reticulation systems; Sewage treatment plants; Water recycling facilities; Water supply systems; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
Any development not specified in item 2 or 3
• To provide for infrastructure and related uses.
• To prevent development that is not compatible with or that may detract from the provision of infrastructure.
• To provide land required for the development or expansion of major health, education and community facilities.
Nil
Aquaculture; Environmental facilities; Environmental protection works; Extensive agriculture; Flood mitigation works; Roads; Sewage reticulation systems; Sewage treatment plants; Water recycling facilities; Water supply systems; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
Any development not specified in item 2 or 3
• To provide for a variety of tourist-oriented development and related uses.
• To encourage tourism development that is sensitively designed to enhance and complement its location and that avoids unacceptable adverse impacts on the environment.
• To preserve land for tourism by limiting and discouraging development and uses that are not tourist-related.
Nil
Aquaculture; Boarding houses; Boat sheds; Business premises; Camping grounds; Car parks; Caravan parks; Cellar door premises; Charter and tourism boating facilities; Community facilities; Eco-tourist facilities; Emergency services facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Food and drink premises; Function centres; Helipads; Hostels; Information and education facilities; Kiosks; Marinas; Markets; Neighbourhood shops; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Roads; Sewage reticulation systems; Sewage treatment plants; Signage; Tourist and visitor accommodation; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities
Funeral homes; Any other development not specified in item 2 or 3
• To enable land to be used for public open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
• To facilitate the preservation of the environmental qualities of land.
Nil
Amusement centres; Animal boarding or training establishments; Aquaculture; Boat sheds; Camping grounds; Car parks; Caravan parks; Cemeteries; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Crematoria; Educational establishments; Emergency services facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Function centres; Information and education facilities; Kiosks; Marinas; Markets; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restaurants or cafes; Roads; Sewage reticulation systems; Sewage treatment plants; Signage; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities
Any development not specified in item 2 or 3
• To enable land to be used for private open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
• To encourage development that complements its location and minimises any adverse impacts on the environment.
Nil
Amusement centres; Animal boarding or training establishments; Aquaculture; Boat sheds; Camping grounds; Caravan parks; Centre-based child care facilities; Charter and tourism boating facilities; Community facilities; Eco-tourist facilities; Educational establishments; Emergency services facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Function centres; Helipads; Information and education facilities; Kiosks; Marinas; Markets; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restaurants or cafes; Roads; Sewage reticulation systems; Sewage treatment plants; Signage; Tourist and visitor accommodation; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities
Bed and breakfast accommodation; Farm stay accommodation; Any other development not specified in item 2 or 3
• To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.
• To enable uses authorised under the National Parks and Wildlife Act 1974.
• To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.
Uses authorised under the National Parks and Wildlife Act 1974
Nil
Any development not specified in item 2 or 3
• To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
• To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
• To conserve, enhance and manage corridors to facilitate species movement, dispersal and interchange of genetic material.
• To encourage activities that meet conservation objectives.
• To enhance and manage areas affected by coastal processes.
Home occupations
Bed and breakfast accommodation; Boat sheds; Building identification signs; Business identification signs; Car parks; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Emergency services facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Home-based child care; Home businesses; Information and education facilities; Oyster aquaculture Recreation areas; Roads; Water recreation structures
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.
• To provide for a limited range of development that does not have an adverse effect on those values.
• To protect, manage and enhance corridors to facilitate species movement, dispersal and interchange of genetic material.
• To protect water quality, land surface conditions and important ecosystems.
Home occupations
Agritourism; Bed and breakfast accommodation; Boat sheds; Building identification signs; Business identification signs; Community facilities; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Educational establishments; Emergency services facilities; Environmental facilities; Environmental protection works; Extensive agriculture; Farm buildings; Farm stay accommodation; Flood mitigation work; Forestry; Funeral homes; Home-based child care; Home businesses; Home industries; Information and education facilities; Kiosks; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Roads; Roadside stalls; Tank-based aquaculture; Water recreation structures
Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.
• To ensure that residential development does not have an adverse effect on those values.
• To protect, enhance and manage corridors to facilitate species movement, dispersal and interchange of genetic material.
• To encourage rehabilitation and conservation of environmentally important land.
Home occupations
Agritourism; Bed and breakfast accommodation; Boat sheds; Building identification signs; Business identification signs; Dual occupancies (attached); Dwelling houses; Eco-tourist facilities; Emergency services facilities; Environmental facilities; Environmental protection works; Extensive agriculture; Farm buildings; Flood mitigation works; Home-based child care; Home businesses; Home industries; Information and education facilities; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Roads; Roadside stalls; Tank-based aquaculture; Water recreation structures
Industries; Local distribution premises; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect the ecological and scenic values of natural waterways.
• To prevent development that would have an adverse effect on the natural values of waterways in this zone.
• To provide for sustainable fishing industries and recreational fishing.
• To provide for the recreational use of Lake Macquarie and its waterways as an important environmental, social and economic asset, including maintenance or enhancement of public navigation channels to a depth suitable for yachting and other boating activities.
Nil
Aquaculture Boat building and repair facilities; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Charter and tourism boating facilities; Community facilities; Emergency services facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Jetties; Marinas; Mooring pens; Passenger transport facilities; Recreation areas; Recreation facilities (outdoor); Registered clubs; Roads; Water recreation structures; Wharf or boating facilities
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To retain and encourage industrial and maritime activities on foreshores.
• To identify sites for maritime purposes and for activities requiring direct foreshore access.
• To ensure that development does not have an adverse impact on the environment and visual qualities of the foreshore.
• To encourage employment opportunities.
• To minimise any adverse effect of development on land uses in other zones.
• To recognise the contribution that marinas make to the recreational needs of the community.
• To ensure development does not adversely affect the ecology, scenic values or navigability of Lake Macquarie or its waterways.
• To encourage tourism development that is sensitively designed to enhance and complement its location and avoid unacceptable adverse impacts on the environment.
Building identification signs; Business identification signs
Aquaculture; Boat building and repair facilities; Boat launching ramps; Business premises; Car parks; Charter and tourism boating facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Jetties; Kiosks; Light industries; Marinas; Passenger transport facilities; Registered clubs; Restaurants or cafes; Roads; Sewage treatment plants; Signage; Take away food and drink premises; Tourist and visitor accommodation; Water recreation structures; Water recycling facilities; Water supply systems; Wharf or boating facilities
Funeral homes; Any other development not specified in item 2 or 3
The objective of this clause is to identify development of minimal environmental impact as exempt development.
Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
To be exempt development, the development—
(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c) must not be designated development, and
(d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—
(a) the building has a current fire safety certificate or fire safety statement, or
(b) no fire safety measures are currently implemented, required or proposed for the building.
To be exempt development, the development must—
(a) be installed in accordance with the manufacturer’s specifications, if applicable, and
(b) not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.
A heading to an item in Schedule 2 is part of that Schedule.
The objective of this clause is to identify development as complying development.
Development specified in Part 1 of Schedule 3 that is carried out in compliance with—
(a) the development standards specified in relation to that development, and
(b) the requirements of this Part,
is complying development.
See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances.
To be complying development, the development must—
(a) be permissible, with development consent, in the zone in which it is carried out, and
(b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
A heading to an item in Schedule 3 is part of that Schedule.
Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
For the purposes of this clause—
(a) the coastal waters of the State,
(b) a coastal lake,
(c) land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f) land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h) land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i) land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j) land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994,
(ja) land identified as “Environmentally sensitive area” on the Environmentally Sensitive Area Map.
The objectives of this clause are as follows—
(a) to promote the efficient use of land in accordance with this Plan,
(b) to ensure that subdivision does not prevent the orderly development of land in accordance with this Plan,
(c) to require adequate street frontages and dimensions for standard, battle-axe and irregular shaped lots,
(d) to ensure that the intensity of the development is appropriate to the land’s environmental capability,
(e) for land in Catherine Hill Bay Village Precinct or Middle Camp Village Precinct—to ensure that the intensity of the development is appropriate to the land’s heritage significance.
This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
This clause does not apply in relation to the subdivision of any land—
(a) by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b) by any kind of subdivision under the Community Land Development Act 2021.
The objectives of this clause are as follows—
(a) to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements or result in lots that would be unsuitable for their intended use.
This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 2021 of land in any of the following zones—
(a) Zone RU2 Rural Landscape,
(b) Zone RU6 Transition,
(c) Zone R1 General Residential,
(d) Zone R2 Low Density Residential,
(e) Zone R3 Medium Density Residential,
(f) Zone E3 Productivity Support,
(g) Zone E4 General Industrial,
(h) (Repealed)
(i) Zone C2 Environmental Conservation,
but does not apply to a subdivision by the registration of a strata plan.
Land in any other zone may be subdivided under the Community Land Development Act 1989 to create lots that are less than the minimum size shown on the Lot Size Map in relation to that land.
The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 2021) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
This clause applies despite clause 4.1.
The objective of this clause is to encourage housing diversity without adversely impacting on residential amenity.
Despite clause 4.1, development consent may be granted to development on land in Zone R1 General Residential or Zone R2 Low Density Residential that includes the subdivision of land into 2 lots if—
(a) the size of each resulting lot is at least 250m
2 , and(b) the consent authority is satisfied a dwelling house or semi-detached dwelling could be appropriately located on each lot.
Despite clauses 4.1 and 4.1AA, development consent may be granted to development on land in Zone R2 Low Density Residential that includes the subdivision of land into 3 or more lots if—
(a) the size of each resulting lot is at least 250m
2 , and(b) each resulting lot has frontage to a road and is not a battle-axe lot, and
(c) the consent authority is satisfied one of the following could be appropriately located on each lot—
(i) an attached dwelling,
(ii) a dwelling house,
(iii) a semi-detached dwelling.
Subclause (3)(c) does not apply if the consent authority is satisfied the subdivision is consistent with a development control plan prepared for the site.
Despite clauses 4.1 and 4.1AA, development consent may be granted to development on land in Zone R3 Medium Density Residential that includes the subdivision of land into 3 or more lots if—
(a) each lot has frontage to a road and is not more than 450m
2 , and(b) the consent authority is satisfied—
(i) for each lot that is at least 200m
2 —a dwelling house or attached dwelling could be appropriately located on the lot, and(ii) for each lot that is less than 200m
2 —a dwelling house or attached dwelling will be erected on the lot.
Subclause (4)(b) does not apply if the consent authority is satisfied the subdivision is consistent with a development control plan prepared for the site.
Despite clause 4.1, development consent may be granted to development on land in Zone R3 Medium Density Residential that includes the subdivision of land into 2 lots if the consent authority is satisfied—
(a) one of the following could be appropriately located on each lot that is at least 200m
2 —(i) an attached dwelling,
(ii) a dwelling house,
(iii) a semi-detached dwelling, and
(b) one of the following will be erected on each lot that is less than 200m
2 —(i) an attached dwelling,
(ii) a dwelling house,
(iii) a semi-detached dwelling.
This clause does not apply to land in Zone R2 Low Density Residential in—
(a) Catherine Hill Bay Village Precinct, and
(b) Middle Camp Village Precinct.
The objective of this clause is to encourage housing diversity without adversely impacting on residential amenity.
This clause applies to development on land in Zone R2 Low Density Residential in an urban release area.
Development consent may be granted to development to which this clause applies if the development is a subdivision of land that creates 10 or more lots and at least 10% of those lots (but not more than 50% of those lots) are—
(a) at least 250m
2 but not more than 450m2 , and(b) for development for the purposes of a dwelling house or semi-detached dwelling.
Despite subclause (3), development consent may be granted for development under this clause, but only if the consent authority is satisfied that the development would be consistent with a development control plan prepared specifically for the site.
If a lot is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size.
The minimum lot size of a lot that is a battle-axe lot is as follows—
(a) if the lot is in Zone R1 General Residential and on land identified “North Wallarah Peninsula Area 3” on the Additional Permitted Uses Map—600m
2 ,(b) if the lot is in Zone R2 Low Density Residential—600m
2 ,(c) if the lot is in Zone R3 Medium Density Residential—1,500m
2 .
The minimum lot size of a lot that is a corner lot is as follows—
(a) if the lot is in Zone R1 General Residential and on land identified “North Wallarah Peninsula Area 3” on the Additional Permitted Uses Map—500m
2 ,(b) if the lot is in Zone R2 Low Density Residential—500m
2 ,(c) if the lot is in Zone R3 Medium Density Residential—1,200m
2 .
Despite subclauses (2) and (3), development consent must not be granted to a subdivision that would result in more than 2 battle-axe lots with the same access handle as the only means of vehicular access to the road.
This clause does not apply to the subdivision of land—
(a) under clause 4.1A or 4.1B, or
(b) in Zone R2 Low Density Residential in—
(i) Catherine Hill Bay Village Precinct, or
(ii) Middle Camp Village Precinct.
The objectives of this clause are as follows—
(a) to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1,
(b) to ensure that the subdivision occurs in a manner that promotes suitable land use and development, while protecting the rural and environmental attributes of the land,
(c) to allow for the subdivision of certain land in conservation zones to protect the environmental values of the land.
This clause applies to each lot (an
(a) land in a residential, employment or mixed use zone, Zone RU4 Primary Production Small Lots or Zone C4 Environmental Living, and
(b) land in Zone RU2 Rural Landscape, Zone C2 Environmental Conservation or Zone C3 Environmental Management.
Despite clause 4.1, development consent may be granted to subdivide an original lot to create other lots (the
(a) one of the resulting lots will contain—
(i) land in a residential, employment or mixed use zone, Zone RU4 Primary Production Small Lots or Zone C4 Environmental Living that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land, and
(ii) all of the land in Zone RU2 Rural Landscape, Zone C2 Environmental Conservation or Zone C3 Environmental Management that was in the original lot, and
(b) all other resulting lots will contain land that has an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.
Despite subclause (3), development consent may be granted to subdivide an original lot to create a lot that contains land only in Zone C2 Environmental Conservation or Zone C3 Environmental Management that is less than the minimum size shown on the Lot Size Map in relation to that land if the consent authority is satisfied that the subdivision will facilitate the ongoing protection and management, for conservation purposes, of the land.
Before granting consent to development to which this clause applies, the consent authority must be satisfied that the subdivision—
(a) is not likely to have a significant adverse impact on the environmental values of the land, and
(b) will not compromise the continued protection and long-term maintenance of any land in a conservation zone, and
(c) is not likely to have a significant adverse impact on the agricultural viability of land in a rural zone.
The objective of this clause is to provide flexibility in the application of standards for the subdivision of land to be used for the purpose of long-term biodiversity conservation management.
Despite any other provision of this Plan, development consent may be granted to the subdivision of land to create a lot that is less than the minimum size shown on the Lot Size Map in relation to that land if the consent authority is satisfied that—
(a) the subdivision will facilitate the long-term biodiversity conservation management of the lot, and
(b) suitable arrangements have been, or will be, made for the long-term protection, conservation and management of the lot, and
(c) the subdivision will not create the opportunity for additional dwellings on any of the lots, and
(d) the subdivision will not require the clearing of any native vegetation other than native vegetation required to be removed for the long-term protection, conservation and management of the lot.
The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.
This clause applies to the following rural zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(baa) Zone RU3 Forestry,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone RU6 Transition.
When this Plan was made it did not include all of these zones.
Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.
However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.
A dwelling cannot be erected on such a lot.
A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).
The objectives of this clause are as follows—
(a) to minimise unplanned rural residential development,
(b) to enable the replacement of lawfully erected dual occupancies (attached) and dwelling houses in rural and conservation zones.
This clause applies to land in the following zones—
(a) Zone RU2 Rural Landscape,
(b) Zone RU4 Primary Production Small Lots,
(c) Zone RU6 Transition,
(d) Zone C2 Environmental Conservation,
(e) Zone C3 Environmental Management,
(f) Zone C4 Environmental Living.
Development consent must not be granted for the erection of a dual occupancy (attached) or dwelling house on land to which this clause applies unless the land—
(a) is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land, or
(b) is a lot created before this Plan commenced and on which the erection of a dual occupancy (attached) or dwelling house was permissible immediately before that commencement, or
(c) is a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dual occupancy (attached) or dwelling house would have been permissible if the plan of subdivision had been registered before that commencement, or
(d) is an existing holding, or
(e) would have been a lot or a holding referred to in paragraph (a), (b), (c) or (d) had it not been affected by—
(i) a minor realignment of its boundaries that did not create an additional lot, or
(ii) a subdivision creating or widening a public road or public reserve or for another public purpose, or
(iii) a consolidation with an adjoining public road or public reserve or for another public purpose.
A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.
Development consent must not be granted under subclause (3) unless—
(a) no dual occupancy (attached) or dwelling house has been erected on the land, and
(b) if a development application has been made for development for the purpose of a dual occupancy (attached) or dwelling house on the land—the application has been refused or it was withdrawn before it was determined, and
(c) if development consent has been granted in relation to such an application—the consent has been surrendered or it has lapsed.
Development consent may be granted for the erection of a dual occupancy (attached) or dwelling house on land to which this clause applies if there is a lawfully erected dual occupancy (attached) or dwelling house on the land and the dual occupancy (attached) or dwelling house to be erected is intended only to replace the existing dual occupancy (attached) or dwelling house.
Land ceases to be an existing holding for the purposes of subclause (3) (d) if an application for development consent referred to in that subclause is not made in relation to that land before 31 December 2016.
In this clause—
(a) was a holding on 21 August 1981, and
(b) is a holding at the time the application for development consent referred to in subclause (3) is lodged,
whether or not there has been a change in the ownership of the holding since 21 August 1981, and includes any other land adjoining that land acquired by the owner since 21 August 1981.
The owner in whose ownership all the land is at the time the application is lodged need not be the same person as the owner in whose ownership all the land was on the stated date.
The objective of this clause is to encourage the erection of dual occupancies on lots of an appropriate type and amenity.
This clause applies to land in the following zones—
(a) Zone R2 Low Density Residential,
(b) Zone R3 Medium Density Residential.
Development consent must not be granted to development for the purposes of dual occupancies on a battle-axe lot on land to which this clause applies.
The object of this clause is to facilitate boundary adjustments between lots where one or more resultant lots do not meet the minimum lot size but the objectives of the relevant zone can be achieved.
This clause applies to land in the following zones—
(a) Zone RU2 Rural Landscape,
(b) Zone C2 Environmental Conservation,
(c) Zone C3 Environmental Management,
(d) Zone C4 Environmental Living.
Despite clause 4.1 (3), development consent may be granted to subdivide land by way of a boundary adjustment between adjoining lots where one or more resultant lots do not meet the minimum lot size shown on the Lot Size Map in relation to that land if the consent authority is satisfied that—
(a) the subdivision will not create additional lots or the opportunity for additional dwellings, and
(b) the number of dwellings on each lot after the subdivision will remain the same as before the subdivision, and
(c) the potential for land use conflict will not be increased as a result of the subdivision, and
(d) if the land is in Zone RU2 Rural Landscape—the subdivision will not have a significant adverse effect on the agricultural viability of the land, and
(e) if the land is in Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living—the subdivision will result in the continued protection and long term maintenance of the land.
Before determining a development application for the subdivision of land under this clause, the consent authority must consider the following—
(a) the existing uses and approved uses of other land in the vicinity of the subdivision,
(b) whether or not the subdivision is likely to have a significant impact on land uses that are likely to be preferred and the predominant land uses in the vicinity of the subdivision,
(c) whether or not the subdivision is likely to be incompatible with a land use on any adjoining land,
(d) whether or not the subdivision is appropriate having regard to the natural and physical constraints affecting the land,
(e) whether or not the subdivision is likely to have a significant adverse impact on the environmental values of the land.
This clause does not apply—
(a) in relation to the subdivision of individual lots within a strata plan or community title scheme, or
(b) if the subdivision would create a lot that could itself be subdivided in accordance with clause 4.1.
The objectives of this clause are as follows—
(a) to ensure the height of buildings are appropriate for their location,
(b) to permit building heights that encourage high quality urban form.
The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
[Not adopted]
[Not adopted]
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.
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.
Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant 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.
The Environmental Planning and Assessment Regulation 2021 requires a development application for development that proposes to contravene a development standard to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).
The consent authority must keep a record of its assessment carried out under subclause (3).
(Repealed)
Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living 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.
When this Plan was made it did not include all of these zones.
Shop top housing is a type of
(a) an advertising structure,
(b) a building identification sign,
(c) a business identification sign,
but does not include a traffic sign or traffic control facilities.
The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.
(a) any basement,
(b) any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c) any eaves,
(d) unenclosed balconies, decks, pergolas and the like.
Small bars are a type of
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
(a) a large area for handling, display or storage, or
(b) direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,
but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale, hire or display of other goods referred to in this definition.
Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.
Specialised retail premises are a type of
Stock and sale yards are a type of
(a) a space that contains only a lift shaft, stairway or meter room, or
(b) a mezzanine, or
(c) an attic.
The term is defined as follows—
(a) that is capable of being filled with water to a depth of 300 millimetres or more, and
(b) that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
Take away food and drink premises are a type of
Tank-based aquaculture is a type of
(a) any part of the infrastructure of a telecommunications network, or
(b) any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or
(c) any other thing used in or in connection with a telecommunications network.
The term is defined as follows—
Timber yards are a type of
(a) backpackers’ accommodation,
(b) bed and breakfast accommodation,
(c) farm stay accommodation,
(d) hotel or motel accommodation,
(e) serviced apartments,
but does not include—
(f) camping grounds, or
(g) caravan parks, or
(h) eco-tourist facilities.
Turf farming is a type of
(a) mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and
(b) shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),
but does not include open cut mining.
Vehicle sales or hire premises are a type of
Viticulture is a type of
Waste disposal facilities are a type of
(a) a resource recovery facility,
(b) a waste disposal facility,
(c) a waste or resource transfer station,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
Waste or resource transfer stations are a type of
(a) retention structures, and
(b) treatment works, and
(c) irrigation schemes.
Water recycling facilities are a type of
Water reticulation systems are a type of
Water storage facilities are a type of
(a) a water reticulation system,
(b) a water storage facility,
(c) a water treatment facility,
(d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
Water treatment facilities are a type of
(a) natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
(a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c) wharves for commercial fishing operations,
(d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e) sea walls or training walls,
(f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
Lake Macquarie Local Environmental Plan 2014 (605). LW 12.9.2014. Date of commencement, 28 days after publication on LW, cl 1.1AA. This Plan has been amended as follows—
(630) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 1). LW 26.9.2014. Date of commencement, 10.10.2014, 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). | |
(34) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 3). LW 30.1.2015. Date of commencement, on publication on LW, cl 2. | |
(200) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 5). LW 8.5.2015. Date of commencement, on publication on LW, cl 2. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 3, 15.7.2015, sec 2 (3). | |
(379) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 4). LW 10.7.2015. Date of commencement, on publication on LW, cl 2. | |
(380) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 7). LW 10.7.2015. Date of commencement, on publication on LW, cl 2. | |
(394) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 2). LW 17.7.2015. Date of commencement, on publication on LW, cl 2. | |
(437) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 6). LW 31.7.2015. Date of commencement, on publication on LW, cl 2. | |
(594) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 9). LW 2.10.2015. Date of commencement, on publication on LW, cl 2. | |
(651) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 10). LW 23.10.2015. Date of commencement, on publication on LW, cl 2. | |
No 58 | Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 2, 8.1.2016, sec 2 (1). | |
(43) | Standard Instrument (Local Environmental Plans) Amendment (Maps) Order 2016. LW 27.1.2016. Date of commencement, 27.1.2016, cl 2. | |
(50) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 11). LW 29.1.2016. Date of commencement, on publication on LW, cl 2. | |
(126) | Standard Instrument (Local Environmental Plans) Amendment Order 2016. LW 11.3.2016. Date of commencement, on publication on LW, cl 2. | |
(168) | Local Environmental Plan (Regional LEPs Consequential Amendments) 2016. LW 4.4.2016. Date of commencement, on publication on LW, cl 2. | |
(190) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 13). LW 15.4.2016. Date of commencement, on publication on LW, cl 2. | |
No 27 | Statute Law (Miscellaneous Provisions) Act 2016. Assented to 7.6.2016. Date of commencement of Sch 2, 8.7.2016, sec 2 (1). | |
(309) | Standard Instrument (Local Environmental Plans) Amendment (Observatory and Defence Facility) Order 2016. LW 10.6.2016. Date of commencement, 56 days after publication on LW, cl 2. | |
(483) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 14). LW 5.8.2016. Date of commencement, on publication on LW, cl 2. | |
(585) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 18). LW 16.9.2016. Date of commencement, on publication on LW, cl 2. | |
(672) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 20). LW 11.11.2016. Date of commencement, on publication on LW, cl 2. | |
(685) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 12). LW 18.11.2016. Date of commencement, on publication on LW, cl 2. | |
(686) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 17). LW 18.11.2016. Date of commencement, on publication on LW, cl 2. | |
(735) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 19). LW 2.12.2016. |
Date of commencement, on publication on LW, cl 2. | ||
(816) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 16). LW 23.12.2016. Date of commencement, on publication on LW, cl 2. | |
(16) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 21). LW 27.1.2017. Date of commencement, on publication on LW, cl 2. | |
(56) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 22). LW 3.3.2017. Date of commencement, on publication on LW, cl 2. | |
(107) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 23). LW 24.3.2017. Date of commencement, on publication on LW, cl 2. | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 2, 7.7.2017, sec 2 (3). | |
(410) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 24). LW 11.8.2017. Date of commencement, on publication on LW, cl 2. | |
(453) | Standard Instrument (Local Environmental Plans) Amendment (Vegetation) Order 2017. LW 25.8.2017. Date of commencement, 25.8.2017, cl 2. | |
(492) | Standard Instrument (Local Environmental Plans) Amendment (Child Care) Order 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2. | |
(493) | State Environmental Planning Policy Amendment (Child Care) 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2. | |
(635) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 27). LW 17.11.2017. Date of commencement, on publication on LW, cl 2. | |
(654) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 28). LW 24.11.2017. Date of commencement, on publication on LW, cl 2. | |
(94) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 26). LW 16.3.2018. Date of commencement, on publication on LW, cl 2. | |
(105) | Standard Instrument (Local Environmental Plans) Amendment (Coastal Management) Order 2018. LW 23.3.2018. Date of commencement, 3.4.2018, cl 2. | |
(106) | State Environmental Planning Policy (Coastal Management) 2018. LW 23.3.2018. Date of commencement, 3.4.2018, cl 2. | |
(154) | Standard Instrument (Local Environmental Plans) Amendment (Minimum Subdivision Lot Size) Order 2018. LW 20.4.2018. Date of commencement, on publication on LW, cl 2. | |
(185) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 25). LW 4.5.2018. Date of commencement, on publication on LW, cl 2. | |
No 40 | Forestry Legislation Amendment Act 2018. Assented to 27.6.2018. Date of commencement of Sch 3.12, 9.11.2018, sec 2 and 2018 (620) LW 9.11.2018. | |
(404) | Standard Instrument (Local Environmental Plans) Amendment (Artisan Food and Drink Industries) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(405) | Standard Instrument (Local Environmental Plans) Amendment (Garden Centres) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(406) | State Environmental Planning Policy Amendment (Artisan Food and Drink Industries) 2018. LW 27.7.2018 Date of commencement, on publication on LW, cl 2. | |
(477) | Standard Instrument (Local Environmental Plans) Amendment (Land Use Terms) Order 2018. LW 29.8.2018. Date of commencement, 31.8.2018, cl 2. | |
(488) | State Environmental Planning Policy Amendment (Land Use Terms) 2018. LW 29.8.2018. Date of commencement of Sch 1.1, 31.8.2018, cl 2 (1). | |
No 46 | Children (Education and Care Services) Supplementary Provisions Amendment Act 2018. Assented to 27.9.2018. Date of commencement of Sch 2.3, 31.10.2019, sec 2(1) and 2019 (200) LW 24.5.2019. | |
(597) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 30). LW 19.10.2018. Date of commencement, on publication on LW, cl 2. | |
(659) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 32). LW 23.11.2018. Date of commencement, on publication on LW, cl 2. | |
(717) | Standard Instrument (Local Environmental Plans) Amendment (Greater Sydney Commission) Order 2018. LW 7.12.2018. Date of commencement, 10.12.2018, cl 2. | |
(725) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 29). LW 14.12.2018. Date of commencement, on publication on LW, cl 2. | |
(2) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 33). LW 11.1.2019. Date of commencement, on publication on LW, cl 2. | |
(37) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 31). LW 25.1.2019. Date of commencement, on publication on LW, cl 2. | |
(133) | Standard Instrument (Local Environmental Plans) Amendment (Primary Production and Rural Development) Order 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(137) | State Environmental Planning Policy (Primary Production and Rural Development) 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(337) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 34). LW 12.7.2019. Date of commencement, on publication on LW, cl 2. | |
(599) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 35). LW 6.12.2019. Date of commencement, on publication on LW, cl 2. | |
(620) | Standard Instrument (Local Environmental Plans) Amendment Order 2019. LW 13.12.2019. Date of commencement, 15.1.2020, cl 2. | |
(621) | State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019. Date of commencement of Schs 1, 3 and 5, 15.1.2020, cl 2(1). | |
(155) | Standard Instrument (Local Environmental Plans) Amendment (Energy Storage Technology) Order 2020. LW 17.4.2020. Date of commencement, on publication on LW, cl 2. | |
(397) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 36). LW 10.7.2020. Date of commencement, on publication on LW, cl 2. | |
(583) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 37). LW 25.9.2020. Date of commencement, on publication on LW, cl 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
(636) | Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2020. LW 28.10.2020. Date of commencement, 28.10.2020, cl 2. | |
No 40 | Liquor Amendment (Night-time Economy) Act 2020. Assented to 27.11.2020. Date of commencement of Schs 4.6 and 7, 11.12.2020, sec 2(1) and 2020 (713) LW 11.12.2020. | |
(762) | Standard Instrument (Local Environmental Plans) Amendment (Secondary Dwellings) Order 2020. LW 18.12.2020. Date of commencement, 1.2.2021, cl 2. | |
(773) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 15). LW 18.12.2020. Date of commencement, on publication on LW, cl 2. | |
(50) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 38). LW 12.2.2021. Date of commencement, on publication on LW, cl 2. | |
(108) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 39). LW 12.3.2021. Date of commencement, on publication on LW, cl 2. | |
No 6 | Community Land Development Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021. | |
(175) | State Environmental Planning Policy (Affordable Rental Housing) Amendment (Short-term Rental Accommodation) 2021. LW 9.4.2021. Date of commencement, 1.11.2021, cl 2. Amended by State Environmental Planning Policy (Affordable Rental Housing) Amendment (Short-term Rental Accommodation) Amendment 2021 (414). LW 28.7.2021. Date of commencement, on publication on LW, cl 2. | |
(205) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 40). LW 30.4.2021. Date of commencement, on publication on LW, cl 2. | |
(225) | State Environmental Planning Policy Amendment (Flood Planning) 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2. | |
(226) | Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2. | |
(302) | State Environmental Planning Policy Amendment (Natural Disasters) 2021. LW 18.6.2021. Date of commencement, 23.6.2021, cl 2. | |
(389) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 41). LW 16.7.2021. Date of commencement, on publication on LW, cl 2. | |
(438) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 44). LW 6.8.2021. Date of commencement, on publication on LW, cl 2. | |
(650) | Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. LW 5.11.2021. Date of commencement of Sch 1[1]–[15] [17] [19] [23]–[48] and [50]–[53] and Sch 2, 1.12.2021, cl 2(1); date of commencement of Sch 1[16] [18] [20]–[22] [49] [54] and [55], 30.6.2022, cl 2(1A); date of commencement of Sch 3, 26.4.2023, cl 2(2). Amended by Standard Instrument (Local Environmental Plans) Further Amendment (Land Use Zones) Order 2021 (712). LW 26.11.2021. Date of commencement, on publication on LW, cl 2. Amended by Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 (726). LW 30.11.2022. Date of commencement, on publication on LW, cl 2. | |
(711) | Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021. LW 26.11.2021. Date of commencement, on publication on LW, cl 2. | |
(714) | State Environmental Planning Policy (Housing) 2021. LW 26.11.2021. Date of commencement, on publication on LW, sec 2. | |
(71) | Standard Instrument (Local Environmental Plans) Amendment (SEPPs) Order 2022. LW 4.3.2022. Date of commencement, 9.3.2022, cl 2. | |
(72) | State Environmental Planning Policy Amendment (Miscellaneous) 2022. LW 4.3.2022. Date of commencement, on publication on LW, sec 2. | |
(592) | Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022. LW 6.10.2022. Date of commencement, 1.12.2022, cl 2. | |
(628) | Standard Instrument (Local Environmental Plans) Amendment (Canal Estate Development and Public Bushland) Order 2022. LW 21.10.2022. Date of commencement, 21.11.2022, cl 2. | |
(629) | State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022. Date of commencement, 21.11.2022, sec 2. | |
(647) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 45). LW 28.10.2022. Date of commencement, on publication on LW, cl 2. | |
(829) | State Environmental Planning Policy Amendment (Land Use Zones) (No 3) 2022. LW 16.12.2022. Date of commencement, 26.4.2023, sec 2. | |
(262) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 46). LW 26.5.2023. Date of commencement, on publication on LW, cl 2. | |
(286) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 47). LW 9.6.2023. Date of commencement, on publication on LW, cl 2. | |
(417) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 49). LW 28.7.2023. Date of commencement, on publication on LW, cl 2. | |
(458) | State Environmental Planning Policy Amendment (Agritourism) 2023. LW 18.8.2023. Date of commencement, on publication on LW, sec 2. | |
(490) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 51). LW 25.8.2023. Date of commencement, on publication on LW, cl 2. | |
(522) | Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023. LW 15.9.2023. Date of commencement, 1.11.2023, cl 2. | |
(554) | State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023. LW 29.9.2023. Date of commencement, 1.10.2023, sec 2. | |
(577) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 50). LW 20.10.2023. Date of commencement, on publication on LW, cl 2. | |
(604) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 48). LW 10.11.2023. Date of commencement, on publication on LW, cl 2. | |
(608) | Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2023. LW 10.11.2023. Date of commencement, on publication on LW, cl 2. | |
(42) | State Environmental Planning Policy Amendment (Land Use Zones) (No 2) 2024. LW 23.2.2024. Date of commencement, on publication on LW, sec 2. | |
(231) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 53). LW 21.6.2024. Date of commencement, on publication on LW, cl 2. | |
(270) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 54). LW 28.6.2024. Date of commencement, on publication on LW, cl 2. | |
(501) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 52). LW 27.9.2024. Date of commencement, on publication on LW, cl 2. | |
(583) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 55). LW 22.11.2024. Date of commencement, on publication on LW, cl 2. | |
(250) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 57). LW 30.5.2025. Date of commencement, on publication on LW, cl 2. | |
(383) | Lake Macquarie Local Environmental Plan 2014 (Amendment No 56). LW 1.8.2025. Date of commencement, on publication on LW, cl 2. | |
(511) | Standard Instrument (Local Environmental Plans) Amendment (Group Homes) Order 2025. LW 19.9.2025. Date of commencement, on publication on LW, cl 2. |
Cl 1.2 | Am 2016 (686), Sch 1 [1]. |
Cl 1.9A | Am 2019 (621), Sch 5[2]–[4]. |
Cl 2.1 | Am 2022 (829), Sch 1.10[1] [2]; 2023 (577), Sch 1[1]. |
Land Use Table | Am 2016 (168), Sch 1 [2]; 2017 (16), cl 5 (1)–(3); 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [2]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2021 (714), Sch 10.10; 2022 (829), Sch 1.10[3] [4]; 2023 (458), Sch 2.50; 2023 (577), Sch 1[2]; 2025 (383), Sch 1[1] [2]. |
Cl 4.1 | Am 2022 (647), Sch 1[1]. |
Cl 4.1AA | Am 2015 (594), Sch 1 [1]; 2022 (829), Sch 1.10[5]; 2024 (42), Sch 1.27[1]. |
Cl 4.1A | Am 2015 (594), Sch 1 [2]; 2015 No 58, Sch 2.15 [1]; 2016 (686), Sch 1 [2]; 2022 (647), Sch 1[2]; 2024 (270), Sch 1[1]; 2025 (383), Sch 1[3] [4]. |
Cl 4.1B | Am 2025 (383), Sch 1[5]. |
Cl 4.1C | Am 2015 (594), Sch 1 [3]–[6]; 2022 (647), Sch 1[3]; 2023 (286), Sch 1[1]. |
Cl 4.1D | Ins 2015 (594), Sch 1 [7]. Am 2022 (829), Sch 1.10[5]–[8]. |
Cl 4.1E | Ins 2016 (735), cl 4. |
Cl 4.2A | Am 2015 (594), Sch 1 [8] [9]; 2022 (829), Sch 1.10[5] [9]. |
Cl 4.2B | Am 2025 (383), Sch 1[6] [7]. |
Cl 4.2C | Ins 2016 (686), Sch 1 [3]. Am 2022 (829), Sch 1.10[5] [10]. |
Cl 4.6 | Am 2023 (554), Sch 2.17[1]. |
Cl 5.1 | Am 2015 (200), cl 5 (1) (2); 2017 (56), cl 5 (1); 2022 (829), Sch 1.10[5] [11] [12]. |
Cl 5.1A | Am 2015 (200), cl 5 (3); 2017 (56), cl 5 (2); 2019 (621), Sch 1.6[1]; 2022 (829), Sch 1.10[5] [11] [12]; 2024 (42), Sch 1.27[2]. |
Cl 5.4 | Am 2018 (406), Sch 1.79 [1] [2]. |
Cl 5.9 | Ins 2021 (302), Sch 1.16. Am 2022 (829), Sch 1.10[5] [13]. |
Cl 5.23 | Ins 2022 (629), Sch 2[1]. |
Cl 5.24 | Subst 2023 (458), Sch 1[4]. |
Cl 5.25 | Subst 2023 (458), Sch 1[4]. |
Cl 6.1 | Am 2019 (621), Sch 1.6[2]. Rep 2023 (554), Sch 2.17[2]. |
Cl 6.3 | Am 2014 No 88, Sch 2.32. |
Cl 6.5 | Am 2015 (34), cl 5 (1); 2016 (686), Sch 1 [4]; 2019 (37), cl 5; 2023 (262), cl 5(1) (2). |
Cl 7.3 | Rep 2021 (225), Sch 1. |
Cl 7.4 | Am 2018 (106), Sch 2.7. |
Cl 7.8 | Am 2016 (686), Sch 1 [5]. |
Cl 7.9 | Am 2022 (829), Sch 1.10[14] [15]. |
Cl 7.10 | Am 2016 (686), Sch 1 [6] [7]; 2022 (829), Sch 1.10[16]–[21]; 2023 (577), Sch 1[3]. |
Cl 7.12 | Rep 2019 (337), cl 4. |
Cl 7.16 | Am 2023 (577), Sch 1[4]. Subst 2024 (231), Sch 1[1]. |
Cl 7.17 | Am 2022 (829), Sch 1.10[22]. |
Cl 7.18 | Am 2016 (190), Sch 1 [1]–[5]; 2016 No 27, Sch 2.23. |
Cl 7.20 | Am 2018 (94), cl 5 (1)–(3). |
Cl 7.22 | Am 2017 (493), Sch 1.2 [1]. |
Cl 7.23 | Ins 2015 (651), Sch 1. |
Cl 7.24 | Ins 2020 (397), cl 5. |
Cl 7.25 | Ins 2020 (773), Sch 1[1]. Rep 2021 (175), Sch 2.6[1]. Ins 2022 (647), Sch 1[4]. Am 2025 (383), Sch 1[8]. |
Cl 7.26 | Ins 2023 (286), Sch 1[2]. |
Cl 7.27 | Ins 2023 (577), Sch 1[5]. |
Cl 7.28 | Ins 2023 (577), Sch 1[5]. |
Cl 7.29 | Ins 2024 (583), Sch 1[1]. |
Sch 1 | Am 2016 (672), cl 5; 2016 (686), Sch 1 [8]; 2017 (410), cl 5; 2017 (635), Sch 1; 2019 (2), cl 5; 2021 (438), cl 5; 2022 (829), Sch 1.10[23]; 2023 (286), Sch 1[3]; 2023 (604), cl 5; 2024 (231), Sch 1[2]; 2024 (270), Sch 1[2]; 2025 (383), Sch 1[9]. |
Sch 2 | Am 2016 (686), Sch 1 [9]; 2020 (773), Sch 1[2]; 2021 (175), Sch 2.6[2]; 2022 (72), Sch 1.26; 2022 (829), Sch 1.10[24]–[27]; 2023 (417), Sch 1. |
Sch 4 | Am 2015 (34), cl 5 (2); 2015 (394), Sch 1 [1] [2]; 2016 (50), cl 5; 2016 (685), Sch 1 [1] [2]; 2016 (816), Sch 1; 2018 (185), Sch 1 [1] [2]; 2018 (725), Sch 1 [1] [2]; 2021 (205), Sch 1[1] [2]; 2023 (490), Sch 1; 2024 (501), Sch 1. |
Sch 5 | Am 2015 No 58, Sch 2.15 [2] [3]; 2016 (190), Sch 1 [6]; 2016 (686), Sch 1 [10]–[19]; 2017 No 22, Sch 2.21; 2017 (654), Sch 1 [1]–[15]; 2021 (389), cl 5(1)–(3); 2025 (250), Sch 1. |
Dictionary | Am 2015 (394), Sch 1 [3]; 2020 (773), Sch 1[3]; 2021 (225), Sch 1; 2021 (175), Sch 2.6[3]; 2022 (647), Sch 1[5]; 2023 (554), Sch 2.17[3]; 2023 (577), Sch 1[6]; 2024 (583), Sch 1[2]. |
Maps | Am 2014 (630), cl 4; 2015 (34), cl 4; 2015 (200), cl 4; 2015 (379), cl 4; 2015 (380), cl 4; 2015 (394), Sch 1 [3]; 2015 (437), cl 4; 2016 (50), cl 4; 2016 (190), cl 4; 2016 (483), cl 4; 2016 (585), cl 4; 2016 (672), cl 4; 2016 (685), cl 4; 2016 (686), cl 4; 2016 (816), cl 4; 2017 (16), cl 4; 2017 (56), cl 4; 2017 (107), cl 4; 2017 (410), cl 4; 2017 (635), cl 4; 2017 (654), cl 4; 2018 (94), cl 4; 2018 (185), cl 4; 2018 (597), cl 4, 2018 (659), cl 4; 2019 (2), cl 4; 2019 (37), cl 4; 2019 (599), cl 4; 2020 (397), cl 4; 2020 (583), cl 4; 2021 (50), cl 4; 2021 (108), cl 4; 2021 (205), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment. |
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