Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment No 29) (2018-295) LW 22 June 2018 (NSW)

New South Wales

Port Macquarie-Hastings Local

Environmental Plan 2011 (Amendment No 29)

under the

Environmental Planning and Assessment Act 1979

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

Environmental Planning and Assessment Act 1979.

JEFFERY SHARP, DIRECTOR, STRATEGY AND GROWTH,

PORT MACQUARIE-HASTINGS COUNCIL

As delegate for the local plan-making authority

Port Macquarie-Hastings Local Environmental Plan 2011

(Amendment No 29)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Port Macquarie-Hastings Local Environmental Plan 2011 (Amendment

No 29).

2      Commencement

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

3      Land to which Plan applies

This Plan applies to all the land to which Port Macquarie-Hastings Local

Environmental Plan 2011 applies and, in particular, to the following:

(a)	land at Town Beach, William Street, Port Macquarie, being part of Lot 7065, DP 1060070 shown as “Item 7” on the Additional Permitted Uses Map,
(b)	land shown as “Coastal Erosion Risk” on the Coastal Erosion Map,
(c)	part of Lot 2, DP 811601 and part of Lot 3, DP 634929, Ocean Drive (with frontage to St Lucia Place), Bonny Hills,
(d)	parts of Lots 107–109, DP 1160740, 25–29 St Lucia Place, Bonny Hills,
(e)	parts of Lots 202 and 203, DP 1209602, St Lucia Place and Ocean Drive, Bonny Hills,
(f)	certain properties with frontage to Graham Street, Comboyne Street and Albert Street, Kendall,
(g)	parts of properties fronting Crestwood Drive between Horizons Parkway and Puccini Place, Port Macquarie,
(h)	Lot 1, DP 1177586,1 Lindfield Park Road, Port Macquarie,

(i)      part of Lot 1, and Lot 2, DP 1239943, 3 Lindfield Park Road, Port Macquarie,

(j)	parts of Lots 66–67 and 71, DP 1224835, Majestic Drive, Port Macquarie,
(k)	Lot 31, DP 1089272, Oxley Highway, Port Macquarie,
(l)	Lots 9–12, DP 32244 and Lots 14 and 15, DP 560259, Pacific Drive, Port Macquarie,
(m)	Lots 7–11, DP 1137444, corner Pacific Highway, Oxley Highway and Sovereign Drive, Thrumster,
(n)	Lot 12, DP 800428, 1 Cedar Close, Wauchope.

4      Maps

The maps adopted by Port Macquarie-Hastings Local Environmental Plan 2011 are amended or replaced, as the case requires, by the maps approved by the local plan-making authority on the making of this Plan.

Schedule 1

Amendment of Port Macquarie-Hastings Local

Environmental Plan 2011

[1]      Clause 4.1A Exceptions to minimum lot sizes for certain residential development

Insert “clause” after “this” in clause 4.1A (3).

[2]      Clause 7.6 Coastline hazard

Omit clause 7.6 (5). Insert instead:

(5)

Land shown as “Coastal Erosion Risk” on the Coastal Erosion Map is identified as being or affected by a coastal erosion hazard for the purposes of clause 1.19 (1) (f) of State Environmental Planning Policy (Exempt and

Complying Development Codes) 2008.

Note. Clause 1.19 of State Environmental Planning Policy (Exempt and Complying

Development Codes) 2008 prevents complying development specified for certain

complying development codes from being carried out on land identified by an

environmental planning instrument as being or affected by a coastal erosion hazard.

[3]      Schedule 1 Additional permitted uses

Insert “or an emergency services facility” after “cafe” in clause 7 (2).

[4]      Schedule 3 Complying development

Omit the Schedule. Insert instead:

Schedule 3 Complying development

(Clause 3.2)

Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.

Part 1	Types of development
Part 2	Complying development certificate conditions

Note. Complying development must comply with the requirements of the Act, the regulations under

the Act and this Plan.

General conditions

Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and

Complying Development Codes) 2008.