Lake Macquarie Local Environmental Plan 2004
Schedule 7Additional development allowed on certain land
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Schedule 7 Additional development allowed on certain land
Schedule 7 Additional development allowed on certain land
(Clause 39)
| Item No | Column 1 | Column 2 | | 1 | (Repealed) | | | 2 | Land at Wyee Point being Lot 48, DP 1035946. | Development for the purpose of eco-tourism facilities. | | 3 | Land at Redhead, part of Lot 6001, DP 787875, Kalaroo Road, Redhead. | Long term residential occupation of movable dwellings. | | 4 | Land at Wyee Point, incorporating the parcels created by Strata Plans Nos SP 33591, SP 34019, SP 51315, SP 52847, SP 53446, SP 58403, SP 63806, SP 63807, SP 64978, SP 65565, 77 Rutleys Road, Wyee Point. | Development providing permanent residential accommodation and other buildings, works and land uses predominantly providing a tourist destination as an integrated community containing tourist facilities and which may contain a range of accommodation types (including dwellings) and a combination of land uses including retailing, recreational and community activities appropriate to the community’s needs. | | 5 | Land in the vicinity of Rafferty’s Road Cam’s Wharf, shown in Deposited Plan Nos DP 270043, DP 285138, DP 285268, DP 285325, DP 285410, DP 285518, DP 285546, DP 285579, DP 285636, DP 285635, DP 285675, DP 286308. | Development predominantly providing a tourist destination as an integrated community containing tourist facilities and which may contain a range of accommodation types (including dwellings) and a combination of land uses including retailing, recreational and community activities appropriate to the community’s needs. | | 6 | Land at Cams Wharf, being Lot 1 DP 926581 and subdivided as Lots 321, 322, 323 and 324, DP 864517. | Erection of one dwelling house on each of the 4 lots within DP 864517. | | 7 | So much of the land in the vicinity of Minmi Road, Cameron Park Drive and George Booth Drive, Edgeworth, in Lots 3 and 4, DP 1134639, Lot 4111, DP 1156756, Lot 2400, DP 1161455 and Lot 5400, DP 1168690 as is within Zone 7 (2) and is not the subject of acquisition by the Council. | Development that results in cluster housing or tourist facilities (or both) on a site area consisting of land described in Column 1, but only if—(a) the ratio of the part (if any) of the site area occupied by tourist facilities to the whole of the site area does not exceed 0.5:1, and(b) not more than 2.5% of the site area is physically disturbed by the carrying out of development for the purpose of dwelling houses, and(c) the density of the dwelling houses (if any) must not exceed one dwelling house for every 5 hectares of the site area. | | | | If land is subdivided after any such development has been carried out on it, or if consent is granted for the carrying out of any such development on land at the same time as consent is given for subdivision of the land, the subdivision may be carried out only under the Strata Schemes (Freehold Development) Act 1973, the Strata Schemes (Leasehold Development) Act 1986 or the Community Land Development Act 1989. | | | | Any development that is allowed on land in the adjoining zone may be carried out, but only if the consent authority, before granting consent for any such development, has had regard to the guidelines and parameters adopted in the establishment of the relevant zone boundary (as evidenced by any environmental study, assessment or report prepared in relation to the creation of that zone boundary) and is satisfied—(a) that the land is suitable having regard to all likely environmental impacts, including slope, access, drainage, bushfire hazard, conservation value, geotechnical instability, erosion hazard, visual significance, and(b) that the development will not reduce the area of open space required to meet the needs of any population increase as a result of the development, and(c) that the development will not reduce the conservation value of the locality required for the protection of flora and fauna species, having regard to all matters, including perimeter effects and the impact of the development on the total area of land identified as relevant for conservation. | | 8 | (Repealed) | | | 9 | Land at Mirrabooka, being Lot 17, DP 28068, Hillcrest Road, Mirrabooka. | Subdivision into not more than 2 lots and the erection of a dwelling house on each lot so created. | | 10 | Land at Mirrabooka being Lots 18 and 20, DP 28068, Hillcrest Road, Mirrabooka. | Subdivision of each lot into not more than 2 lots and the erection of a dwelling house on each vacant lot so created. | | 11 | Land at Morisset, Lot 9, DP 758707, Terrigal Street, Morisset. | Development for the purpose of a mortuary. | | 12 | Land at Cam’s Wharf, being a resubdivision of Lot 2, DP 517892, subdivided as Lots 1, 2 and 3, DP 1022805, Cam’s Wharf Road, Cam’s Wharf. | The erection of a dwelling house on each lot within DP 1022805. | | 13 | Land at Morisset, Lot 401, DP 1001919. | Development for the purpose of a retail market, being operated on Saturday and Sunday between the hours 7:30am to 6:00pm, with a gross floor area no greater than 10,300 square metres. | | 14 | Land at Fairfax Road, Warners Bay, being so much of Lot 22, DP 1015155 as is within Zone 7 (2). | Subdivision into not more than 3 lots, but only if each of the existing dwellings is located on a separate lot and the remaining lot is of such a size and configuration, and in such a location, as to satisfy drainage requirements and is reserved for drainage. | | 15 | Land at Trinity Point, Morisset Park as shown edged heavy black on the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 40) Site Identification Map” deposited in the office of the Council of the City of Lake Macquarie. | Development for the purpose of dwellings, residential flat buildings, shops or commercial premises, but only if—(a) such dwellings, residential flat buildings, shops or commercial premises are constructed as part of a tourist resort, and(b) the total number of tourist and residential accommodation units within the tourist resort will not exceed 150, and(c) no more than half of such units are for permanent residential accommodation, and(d) any shops and commercial premises within the resort do not exceed a total floor area of 550m2 and are of a nature and scale that reflect the needs of the tourist resort and local community, and(e) a transition of building heights is provided between the Lake and street blocks, and(f) a high quality urban form is achieved for all buildings, while maintaining satisfactory views from the adjoining land within Zone 2 (1) through to the Lake, and(g) view sharing is provided along the edges of the Lake, and(h) the height of a building on any land will not exceed the maximum height shown for the land on the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 40) Height of Buildings” deposited in the office of the Council of the City of Lake Macquarie, and(i) the consent authority is satisfied that the proposed development achieves the following—(i) appropriate height to plan width proportions that are compatible with the massing, street frontage and building forms within the locality,(ii) building heights that complement the height of buildings on adjacent land,(iii) active street frontages, and(j) the consent authority is satisfied, having regard to the nature of the tourist resort and its relationship to surrounding land uses, that the granting of consent for any such development will not result in—(i) the dominant use of the land on which the development is carried out being for any purpose other than a tourist resort, or(ii) the uneven distribution, or clustering, of tourist and residential accommodation throughout the tourist resort, and(k) the consent authority is satisfied that the development will include an Aboriginal education centre to provide visitors and residents with information about Aboriginal cultural and heritage values and that the Aboriginal midden located on the southern foreshore of the Lake is given appropriate protection, and(l) any building has a minimum setback of 6m from the boundary of Lot 32, DP 1117408. | | 16 | Land at Wangi Wangi, being part of Lot 101, DP 880089, known as Wangi power station, as shown lettered “B4” and edged heavy black on Sheet 1 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 33)” deposited in the office of the Council. | Development for the purpose of bed and breakfast accommodation, bulky goods premises, home occupations, recreation facilities (indoor), research stations, residential accommodation, self-storage units, service stations, sewerage systems, storage premises, swimming pools, water recreation structures and water recycling facilities. | | 17 | Land at the former Pasminco Cockle Creek Smelter site off Main Road, Boolaroo, being Lot 2, DP 1127713 and Lot 21, DP 251322, as shown edged heavy black and lettered “2 (2)” on the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 21)”. | Subdivision into lots, each with an area of not less than 450 square metres, and the erection of a dwelling house on each lot so created. | | 18 | Land at Glendale, being Lot 305, DP 1107690, Frederick Street. | Subdivision of land for purposes associated with the construction of the Glendale Wallsend Shared Pathway. | | 19 | Land at Belmont, being part of Lot 20, DP 1046905, being part of 2A Maude Street, as shown edged heavy black on Sheet 1 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 65)”. | Development for the purposes of seniors housing. | | 20 | Land at Cooranbong, being part of Lot 4, DP 264501, as shown edged heavy black on Sheet 2 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 76)”. | Development for the following purposes—(a) a highway service centre,(b) a shop with a floor area not exceeding 250 square metres,(c) subdivision into no more than 2 lots of any size that separate the highway service centre site and access ramps from adjoining rural and environmental land, not involving any dwelling. | | 21 | Land at Cooranbong, being part of Lot 211, DP 702166, as shown edged heavy black on Sheet 2 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 76)”. | Development for the following purposes—(a) a highway service centre,(b) a shop with a floor area not exceeding 250 square metres,(c) subdivision into no more than 2 lots of any size that separate the highway service centre site and access ramps from adjoining rural and environmental land, not involving any dwelling. | | 22 | Land at 52 and 60 Ada Street, Cardiff, being Lot 22 and part of Lot 21, DP 245962, as shown edged heavy black on Sheet 1 of the map marked “Lake Macquarie Local Environmental Plan 2004 (Amendment No 70)”. | Development for the purposes of medical centres, shops and associated car parks, but only if development for the purpose of shops does not exceed a gross floor area of 50m2. | | | Note—Words and expressions used in relation to development on land in Zone B4 have the same meaning as they have in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006. |