Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
//
© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
New South Wales regulation
What this Plan does (mechanically)
Want the full deep dive?
Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.
Direct links to the current provisions in Lake Macquarie Local Environmental Plan 2014.
Part 1 Preliminary
Part 2 Permitted or prohibited development
2.1 Land use zones
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
cl 2.1: Am 2022 (829), Sch 1.10[1] [2]; 2023 (577), Sch 1[1].
Land Use Table
Note—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
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
Land Use tbl: 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].
Zone RU2 Rural Landscape
Zone RU3 Forestry
Zone RU4 Primary Production Small Lots
Zone RU6 Transition
Zone R1 General Residential
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone R4 High Density Residential
Zone E1 Local Centre
Zone E2 Commercial Centre
Zone E3 Productivity Support
Zone E4 General Industrial
Zone E5 Heavy Industrial
Zone MU1 Mixed Use
Zone SP1 Special Activities
Zone SP2 Infrastructure
Zone SP3 Tourist
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone C1 National Parks and Nature Reserves
Zone C2 Environmental Conservation
Zone C3 Environmental Management
Zone C4 Environmental Living
Zone W1 Natural Waterways
Zone W4 Working Waterfront
3 Permitted with consent
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
4 Prohibited
Any development not specified in item 2 or 3
Part 3 Exempt and complying development
Part 4 Principal development standards
Part 5 Miscellaneous provisions
5.1 Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note.
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
| Type of land shown on Map | Authority of the State | | Zone RU6 Transition and marked “Local open space” | Council | | Zone RU6 Transition and marked “Local road” | Council | | Zone R2 Low Density Residential and marked “Community facilities” | Council | | Zone R2 Low Density Residential and marked “Local road” | Council | | Zone R3 Medium Density Residential and marked “Local road” | Council | | Zone E1 Local Centre and marked “Local road” | Council | | Zone E2 Commercial Centre and marked “Community facilities” | Council | | Zone RE1 Public Recreation and marked “Local open space” | Council | | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act | | Zone RE2 Private Recreation and marked “Local road” | Council | | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW | | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 | | Zone C2 Environmental Conservation and marked “Coastal lands acquisition” | The corporation constituted under section 8 of the Act | | Zone C2 Environmental Conservation and marked “Environmental conservation” | Council | | Zone C2 Environmental Conservation and marked “Local road” | Council | | Zone C3 Environmental Management and marked “Environmental management” | Council | | Zone C3 Environmental Management and marked “Local road” | Council |
(3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
cl 5.1: Am 2015 (200), cl 5 (1) (2); 2017 (56), cl 5 (1); 2022 (829), Sch 1.10[5] [11] [12].
Part 6 Urban release areas
6.1 (Repealed)
Part 7 Additional local provisions
7.1 Acid sulfate soils
(1) The objective of this clause is to ensure that development does not disturb, expose or drain acid sulfate soils and cause environmental damage.
(2) Development consent is required for the carrying out of works described in the Table to this subclause on land shown on the Acid Sulfate Soils Map as being of the class specified for those works.
| Class of land | Works | | 1 | Any works. | | 2 | Works below the natural ground surface.Works by which the watertable is likely to be lowered. | | 3 | Works more than 1 metre below the natural ground surface.Works by which the watertable is likely to be lowered more than 1 metre below the natural ground surface. | | 4 | Works more than 2 metres below the natural ground surface.Works by which the watertable is likely to be lowered more than 2 metres below the natural ground surface. | | 5 | Works within 500 metres of adjacent Class 1, 2, 3 or 4 land that is below 5 metres Australian Height Datum and by which the watertable is likely to be lowered below 1 metre Australian Height Datum on adjacent Class 1, 2, 3 or 4 land. |
(3) Development consent must not be granted under this clause for the carrying out of works unless an acid sulfate soils management plan has been prepared for the proposed works in accordance with the Acid Sulfate Soils Manual and has been provided to the consent authority.
(4) Despite subclause (2), development consent is not required under this clause for the carrying out of works if—
(a) a preliminary assessment of the proposed works prepared in accordance with the Acid Sulfate Soils Manual indicates that an acid sulfate soils management plan is not required for the works, and
(b) the preliminary assessment has been provided to the consent authority and the consent authority has confirmed the assessment by notice in writing to the person proposing to carry out the works.
(5) Despite subclause (2), development consent is not required under this clause for the carrying out of any of the following works by a public authority (including ancillary work such as excavation, construction of access ways or the supply of power)—
(a) emergency work, being the repair or replacement of the works of the public authority, required to be carried out urgently because the works have been damaged, have ceased to function or pose a risk to the environment or to public health and safety,
(b) routine maintenance work, being the periodic inspection, cleaning, repair or replacement of the works of the public authority (other than work that involves the disturbance of more than 1 tonne of soil),
(c) minor work, being work that costs less than $20,000 (other than drainage work).
(6) Despite subclause (2), development consent is not required under this clause to carry out any works if—
(a) the works involve the disturbance of less than 1 tonne of soil, and
(b) the works are not likely to lower the watertable.
Schedule 1 Additional permitted uses
(Clause 2.5)
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].
8 Use of certain land at Cooranbong
(1) This clause applies to land identified as “Cooranbong Area 3” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) a highway service centre,
(b) a shop with a floor area not exceeding 250m2,
(c) a subdivision into no more that 2 lots of any size that separate the site of the highway service centre and its access ramps from adjoining rural and environmental land and is not for the purposes of the erection of a dwelling.
9 Use of certain land at Eraring
(1) This clause applies to land identified as “Eraring Area 1” on the Additional Permitted Uses Map.
(2) Development for the purpose of aquaculture is permitted with development consent.
10 Use of certain land at Glendale
(1) This clause applies to land identified as “Glendale Area 1” on the Additional Permitted Uses Map.
(2) Development for the purpose of subdivision is permitted with development consent.
11 Use of certain land at Glendale
(1) This clause applies to land identified as “Glendale Area 2” on the Additional Permitted Uses Map.
(2) Development for the purposes of recreation facilities (indoor), recreation facilities (major) and recreation facilities (outdoor) is permitted with development consent.
12 Use of certain land at Lake Macquarie
(1) This clause applies to land identified as “Lake Macquarie” on the Additional Permitted Uses Map.
(2) Development for the purposes of food and drink premises (excluding pubs) and kiosks is permitted with development consent.
13 Use of certain land at Mirrabooka
(1) This clause applies to land identified as “Mirrabooka Area 1” on the Additional Permitted Uses Map.
(2) Development for the purposes of subdivision to create 2 lots and the erection of a dwelling house on each lot is permitted with development consent.
14 Use of certain land at Mirrabooka
(1) This clause applies to land identified as “Mirrabooka Area 2” on the Additional Permitted Uses Map.
(2) Development for the purposes of subdivision to create 2 lots and the erection of a dwelling house on each lot is permitted with development consent.
15 Use of certain land at Mirrabooka
(1) This clause applies to land identified as “Mirrabooka Area 3” on the Additional Permitted Uses Map.
(2) Development for the purposes of subdivision to create 2 lots and the erection of a dwelling house on each lot is permitted with development consent.
16 Use of certain land at Morisset
(1) This clause applies to land identified as “Morisset Area 1” on the Additional Permitted Uses Map.
(2) Development for the purpose of a mortuary is permitted with development consent.
17 Use of certain land at Morisset
(1) This clause applies to land at Morisset identified as “Morisset Area 2” on the Additional Permitted Uses Map.
(2) Development for the purpose of a market is permitted with development consent if—
(a) the market is open to the public only on Saturdays and Sundays between 7.30am and 6.00pm, and
(b) the gross floor area of the market does not exceed 10,300m2.
18 Use of certain land at North Wallarah Peninsula
(1) This clause applies to land identified as “North Wallarah Peninsula Area 1” and “North Wallarah Peninsula Area 3” on the Additional Permitted Uses Map.
(2) Development for the purposes of amusement centres, boat sheds, car parks, caravan parks, entertainment facilities, function centres, garden centres, health services facilities, landscaping material supplies, office premises, public administration buildings, recreation facilities (indoor), registered clubs, residential accommodation (being for the purposes of dwellings), retail premises (other than roadside stalls), service stations, tourist and visitor accommodation and veterinary hospitals is permitted with development consent.
19 Use of certain land at North Wallarah Peninsula
(1) This clause applies to land identified as “North Wallarah Peninsula Area 2” on the Additional Permitted Uses Map.
(2) Development for the purposes of residential accommodation (being for the purposes of dwellings) is permitted with development consent.
20 Use of certain land at Teralba
(1) This clause applies to land identified as “Teralba Area 1” on the Additional Permitted Uses Map.
(2) Development for the purpose of resource recovery facilities is permitted with development consent.
21 Use of certain land at Teralba
(1) This clause applies to land identified as “Teralba Area 2” on the Additional Permitted Uses Map.
(2) Development for the purpose of industries is permitted with development consent.
22 Use of certain land at Fairfax Road, Warners Bay
(1) This clause applies to land identified as “Warners Bay Area 1” on the Additional Permitted Uses Map.
(2) Development for the purpose of subdivision to create no more than 3 lots is permitted with development consent if—
(a) an existing dwelling is located on each lot, other than the lot referred to in paragraph (b), and
(b) the consent authority is satisfied that one of the lots is appropriately located and reserved for drainage purposes.
23 Use of certain land at Morisset
(1) This clause applies to land at 606 and 608 Fishery Point Road, Morisset, being Lot 1, DP 723285 and Lot 1, Section 25, DP 758707 and identified as “Morisset Area 3” on the Additional Permitted Uses Map.
(2) Development for the purpose of a service station is permitted with development consent.
24 Use of certain land at Belmont North
(1) This clause applies to land at 389 and 391 Pacific Highway, Belmont North, being Lot 1, DP 1135801 and Lot A, DP 389480, respectively, and identified as “Belmont North Area 2” on the Additional Permitted Uses Map.
(2) Development for the purpose of shops is permitted with development consent.
25 (Repealed)
26 Use of certain land at Belmont and Belmont North
(1) This clause applies to the following land—
(a) Lot 1, DP 739866, 28 Bluebell Street, Belmont,
(b) Lot 1, DP 395622 and Lot A, DP 382127, 409 Pacific Highway, Belmont North,
(c) Lot 81, DP 536711, 411 Pacific Highway, Belmont North,
and identified as “Belmont North Area 1” on the Additional Permitted Uses Map.
(2) Development for the purpose of a vehicle body repair workshop is permitted with development consent.
27 Use of certain land at Belmont South
(1) This clause applies to the following land at Belmont—
(a) part of 801A Pacific Highway, Marks Point, being part of Lot PT1, DP 203376 and part of Lot 1, DP 253931, and
(b) part of 4 Ocean Park Road, Belmont South, being part of Lot 4, DP 21142,
and identified as “Belmont South Area 1” on the Additional Permitted Uses Map.
(2) Development for the purposes of a recreation facility (outdoor) is permitted with development consent.
28 Use of certain land at Belmont North
(1) This clause applies to Lot 101, DP 1021186, 393 Pacific Highway, Belmont North, identified as “Belmont North Area 3” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) shops, if the gross floor area of the shop is at least 3,000m2,
(b) food and drink premises, if the gross floor area of the premises does not exceed 435m2.
29 Use of certain land in Morisset
(1) This clause applies to land identified as “Morisset Area 4” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) shops, other than neighbourhood supermarkets, if the gross floor area used for shops does not exceed 1,800m2,
(b) neighbourhood supermarkets, if the gross floor area used for neighbourhood supermarkets does not exceed 1,800m2,
(c) restaurants or cafes, if the gross floor used for restaurants or cafes does not exceed 500m2.
30 Use of certain land at Trinity Point, Morisset Park
(1) This clause applies to land identified as “Morisset Park Area 3” on the Additional Permitted Uses Map.
(2) Development for the purposes of a single helipad is permitted with development consent.
31 (Repealed)
Schedule 2 Exempt development
(Clause 3.1)
Note 1.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2.
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
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.
Advertisements—signs on field perimeter fencing and amenity facilities at sports fields in Zone RE1
(1) Must have the consent, in writing, of the owner of the property on which the sign is located.
(2) Must only provide information about sponsors of teams or organisations using the sporting facility.
(3) Must not contain direct product advertising for alcohol, tobacco products, gambling or any form of adult entertainment (being entertainment involving nudity, indecent acts or sexual activity).
(4) Must not obstruct any gates, access points or openings.
(5) Must face the playing area and must not be visible from outside of the site on which it is displayed.
(6) If affixed to perimeter fencing of the playing area—
(a) must not extend above the top or below the bottom of the fencing, and
(b) have a maximum length of 6m, and
(c) have a maximum height of 1m.
(7) Must be removable signs or fixings, and must not be painted directly onto the perimeter fencing or any amenity facilities.
(8) Must not cover more than 20% of the field facing surface area of any amenity facilities.
(9) Must not be illuminated.
(10) Must be installed in accordance with the following—
(a) AS/NZS 1170.0—2002, Structural design actions, Part 0: General principles,
(b) AS/NZS 1170.2—2011, Structural design actions, Part 2: Wind actions.
Amusement devices in Zones E1, E2, MU1 and RE2
(1) Must be located wholly within the premises.
(2) Maximum 5 devices per premises.
Awnings over trade waste disposal points in Zones E4, E5 and SP1
(1) Maximum area—30m2.
(2) Maximum height—2.7m.
(3) Must facilitate maintenance of the trade waste device and enable all weather use.
(4) Must be constructed of materials that match or complement the design and appearance of existing buildings.
(5) Must be located behind the front building line.
Directional real estate signs on certain land
(1) Must be on land in a residential, employment or mixed use zone or on land in Zone RU2, RU4, RE2, SP2, SP3 or W4 that is not part of an approved subdivision that is being advertised for sale.
(2) Must comply with the general requirements for signage and advertising specified in clause 2.83 of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
(3) Maximum area—
(a) in a rural or residential zone—4.5m2, or
(b) in any other zone—6m2.
(4) Must be located within a 3km radius of the subdivision.
(5) Maximum—4 signs.
(6) If the nearest major arterial road or freeway is located outside the 3km radius, 3 additional signs may be located outside the 3 km radius.
(7) Must relate to the subdivision as a whole and not to individual lots.
(8) Must be removed as soon as practicable after all the land in the subdivision has been sold.
Fuel tanks for home businesses in Zones RU2, RU4, C2, C3 and C4
(1) If constructed or installed on land in a rural zone for an agricultural activity—must be on a lot that is 2ha or less.
(2) Maximum capacity—5,000L.
(3) Must be located wholly within the property.
(4) Must be bunded with capacity to contain at least 125% of the capacity of the tank.
(5) Must be freestanding and constructed of prefabricated metal.
(6) Must be installed in accordance with Australian Standard AS 1940—2004, The storage and handling of flammable and combustible liquids.
(7) Must not be located within 30m of a creek or street, or within 5m of a side or rear lot boundary.
(8) Minimum setback—20m from adjoining dwellings.
Hail protection structure in Zones RU2 and RU4
Must be ancillary to agricultural use and consist of light construction (For example, poles, wire and mesh).
Navigation and emergency response facilities
Must be a navigation and emergency response facility within the meaning of State Environmental Planning Policy (Transport and Infrastructure) 2021, Part 2.3, Division 15.
Signage—A-frame signs on footpaths in Zone E1, E2, E3 or MU1
(1) Must relate to commercial premises.
(2) Must be on the part of the footpath adjacent to the commercial premises.
(3) The commercial premises must have $20 million public liability insurance.
(4) Maximum 1 per commercial premises.
(5) Must be made of durable, fade-proof, non-combustible and high quality materials.
(6) Must not be illuminated or involve moving components.
(7) Must not display offensive, violent, obscene or discriminatory material.
(8) Must be secure and stable.
(9) Must not obstruct or pose a risk to—
(a) pedestrians, particularly pedestrians with disability, or
(b) vehicular traffic.
(10) Must not be within—
(a) 2m of the frontage of a building, or
(b) 600mm of a kerb, or
(c) 3m of another A-frame sign, or
(d) 5m of a bus stop, pedestrian crossing, taxi stand or intersection.
(11) The footpath between the sign and the building frontage must be unobstructed.
(12) Must be no more than 1.2m high and 600mm wide.
(13) Must be removed—
(a) during hazardous weather, and
(b) at the close of each business day.
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.
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.
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
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.
Schedule 5 Environmental heritage
(Clause 5.10)
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.
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Division 1 Site location requirements
Division 2 Operational requirements
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Lake Macquarie Local Environmental Plan 2014.
1.1AA Commencement
This Plan commences 28 days after it is published on the NSW legislation website.
1.2 Aims of Plan
(1) 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.
(2) 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.
cl 1.2: Am 2016 (686), Sch 1 [1].
Who this affects
Why it matters (policy mechanics and trade‑offs)
Official aims (stated) and how they map to the mechanics
Concrete examples of notable rules
1.3 Land to which Plan applies
(1) This Plan applies to the land identified on the Land Application Map.
(1A) Despite subclause (1), this Plan does not apply to the land identified as “Deferred matter” on the Land Application Map.
1.4 Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7 Maps
(1) 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.
(1AA) (Repealed)
(2) 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.
(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4) 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.
Note.
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.
1.8 Repeal of planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
Note.
The following local environmental plans are repealed under this provision—
Lake Macquarie Local Environmental Plan 2000—North Wallarah Peninsula
(2) 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.
1.8A Savings provision relating to development applications
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.
Note.
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.
1.8B Amendment of SEPP applying to land
Hunter Regional Environmental Plan 1989 (Heritage) is amended by omitting “City of Lake Macquarie,” from clause 3.
1.9 Application of SEPPs
(1) 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.
(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
1.9A Suspension of covenants, agreements and instruments
(1) 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.
(2) 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.
(3) This clause does not affect the rights or interests of any public authority under any registered instrument.
(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2019 (621), Sch 5[2]–[4].
Part 2 Permitted or prohibited development
2.1 Land use zones
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
cl 2.1: Am 2022 (829), Sch 1.10[1] [2]; 2023 (577), Sch 1[1].
2.2 Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3 Zone objectives and Land Use Table
(1) 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.
(2) 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.
(3) 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.
(4) This clause is subject to the other provisions of this Plan.
Notes.
1
Schedule 1 sets out additional permitted uses for particular land.
2
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.
3
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4
Clause 2.6 requires consent for subdivision of land.
5
Part 5 contains other provisions which require consent for particular development.
2.4 Unzoned land
(1) Development may be carried out on unzoned land only with development consent.
(2) 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.
2.5 Additional permitted uses for particular land
(1) 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.
(2) This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6 Subdivision—consent requirements
(1) Land to which this Plan applies may be subdivided, but only with development consent.
Notes.
(2) 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.
Note.
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
1
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2
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 complying development.
2.7 Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note.
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.
2.8 Temporary use of land
(1) 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.
(2) 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.
(3) Development consent must not be granted unless the consent au
This is an opening excerpt, not the complete document.