Lake Macquarie Local Environmental Plan 2004
41Development for the purpose of retirement villages
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41 Development for the purpose of retirement villages
41 Development for the purpose of retirement villages
(1) This clause aims to maintain the opportunity for the development of retirement village style accommodation for aged persons in appropriate locations where the land satisfies the criteria specified in subclause (5).
(2) This clause applies to—
(a) land within Zone 2 (1), and
(b) land that is not within Zone 2 (1), 7 (1), 7 (4), 8 or 9, but part or all of which immediately adjoins, or is within 400 metres of, land within Zone 2 (1).
(3) In this clause—
retirement village means a complex containing residential premises that are predominantly or exclusively occupied, or intended to be predominantly or exclusively occupied, by persons aged 55 years or older, which provides access to meals, cleaning, emergency assistance, and a transport service for residents.
(4) Nothing in this plan prevents a person, with development consent, from carrying out development on any land to which this clause applies for the purpose of a retirement village.
(5) Despite subclause (4), consent may be granted to development for the purpose of a retirement village only if the consent authority is satisfied that—
(a) the land on which the development will be carried out is of sufficient size to accommodate a minimum 70 unit retirement village development, and
(b) the land has frontage to a formed public road servicing nearby urban areas, and
(c) the development is able to be serviced with reticulated water, sewerage and electricity, and
(d) at least 70% of the proposed development area comprises land with a slope of less than 20% grade.