Part 1 Preliminary
1 Name of plan
This plan is Lake Macquarie Local Environmental Plan 2000—North Wallarah Peninsula.
2 Land covered by this plan
This plan applies to land in the City of Lake Macquarie in the vicinity of Caves Beach, Swansea and Cams Wharf, shown edged heavy black on the map. The land is known as North Wallarah Peninsula.
3 Aims of this plan
The aims of this plan are to:(a) provide for the development of certain land at North Wallarah Peninsula that is consistent with the integration of natural and developed landscape and conservation values attributed to the land, and(b) ensure that the Council and approval bodies acknowledge and consider the conservation principles that have been identified for the land at North Wallarah Peninsula, and in the Conservation and Land Use Management Plan,(c) direct the future use of North Wallarah Peninsula in a manner that ensures sensitivity to the physical, social and natural environmental values, and environmental heritage, of the land, and(d) achieve ecological sustainability through an harmonious integration between the natural and developed landscape, and(e) to properly integrate humans within their environment.
4 Relationship to other plans
Lake Macquarie Local Environmental Plan 1984 is amended by inserting at the end of clause 3 the following subclause:(2) This plan does not apply to land to which Lake Macquarie Local Environmental Plan 2000—North Wallarah Peninsula applies, despite subclause (1).
5 Interpretation
(1) In this plan:Act is the Environmental Planning and Assessment Act 1979.appointed day means the day on and from which this plan takes effect.arterial road includes:(a) any land shown on the map by a broken red band between broken black lines, and(b) any land shown on the map by a broken red band between firm black lines.automotive use means a use of a building or work or land for the purpose of fuelling, lubricating, cleaning, caring for, maintaining or repairing motor vehicles, or for offering for sale and installing automotive accessories or parts, and includes a car repair station, a service station (whether or not convenience items are sold by retail from the service station or video tapes, motor vehicles or trailers are hired from the service station), an auto-electrician’s workshop, a motor showroom, a shop for the sale of automotive spare parts, tyres or car batteries, a tyre retreading workshop and any other establishment performing similar functions.brothel means premises habitually used for the purposes of prostitution (within the meaning of the Summary Offences Act 1988), or that have been designed to be used for that purpose. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.bushfire control means the reduction or modification (by burning, chemical, mechanical or manual means) of land or material which may constitute a bushfire hazard, or the control of bushfire, and may include the establishment and use of premises for the storage of equipment and training of personnel for those purposes and the provision of other facilities used by persons associated together for those purposes, and works for the construction and/or maintenance of fire trails.cluster housing means four or more dwelling houses grouped together on a site area.complying development has the same meaning as in the Act.conservation of a heritage item means preservation, restoration, reconstruction, adaptation and maintenance to retain the cultural significance of a heritage item.Council means the Council of the City of Lake Macquarie.demolish a heritage item or a building, work, relic, tree or place within a heritage conservation area means wholly or partly destroy or dismantle the heritage item or building, work, relic, tree or place.dual occupancy—attached means 2 dwellings in a single building on a single allotment of land.dual occupancy—detached means 2 detached dwellings on a single allotment of land.dual occupancy development means development that results in 2 dwellings (whether attached or detached) on a single allotment of land (or which would have that result were it not for the fact that the allotment is to be subdivided as part of the development).dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.dwelling-house means a building containing one but not more than one dwelling, but does not include a detached dwelling resulting from dual occupancy development.ecological sustainability, in relation to development, means development that meets the needs of the present without unduly compromising the ability of future generations to meet their own needs.exempt development has the same meaning as in the Act.exhibition home means a dwelling-house used for the purpose of displaying the house, its contents and its surrounds for a limited period.guest house means a dwelling-house used to accommodate paying guests where:(a) the length of residence by a paying guest in the house is not less than one day and not more than 10 days in any month,(b) not less than 3 and not more than 5 bedrooms of the house are used, or are capable of being used, for that purpose, and(c) the operator of the house resides permanently on the premises and provides meals and housekeeping services for the guests.height, in relation to a building, means the distance measured vertically from any point on the roof of the topmost floor of the building to the ground level immediately below that point.heritage conservation area means land shown cross-hatched on the map marked “Lake Macquarie Local Environmental Plan 2000—North Wallarah Peninsula—Heritage Conservation Areas” and includes buildings, works, relics, trees and places situated on or within that land.holiday cabin means a dwelling used, constructed or adapted to be used for the provision of holiday accommodation only, being one of a group of similar dwellings on an allotment of land or allotments of land in the same ownership.home business means a business carried out or partly carried out in a dwelling by the permanent residents of the dwelling, where the business:(a) may involve the employment of persons but only one of whom (other than the permanent residents of the dwelling) works in the dwelling, and(b) does not occupy a total floor area of more than 50 square metres, and(c) does not adversely affect the amenity of the neighbourhood, and(d) does not adversely affect the character of the land upon which the dwelling is situated and the neighbourhood, and(e) does not involve the exhibition of any notice, advertisement or sign (other than a non-illuminated sign which would fit within a rectangular figure 1.2 metres in length and 0.6 metre in height to indicate the name and nature of the business), and(f) does not generate significant additional traffic or create or increase a condition of ribbon development on any road, adversely affecting the capacity and safety of the road, andand where any display of goods for the purpose of the business is within the floor area and is not visible from an adjoining road or a public place.(g) does not require the provision of any service main greater than that available in the locality,home office means an office comprising part of a dwelling-house or dwelling in a residential flat building in which an occupation involving predominantly information-based activities is carried on by the permanent residents of the dwelling-house or dwelling, but does not include an office in which an occupation is carried on involving:(a) any manufacturing or industrial process,(b) retailing, or the storage or display of any goods,(c) the registration of the building under the Shops and Industries Act 1962,(d) the employment of more than 2 persons other than the permanent residents of the dwelling-house or dwelling,(e) any change in the appearance of the dwelling-house or dwelling, or the land on which it is situated, which is out of character with the adjoining area, or(f) the exhibition of any notice, advertisement or sign (other than to indicate the name and nature of the business).marina means a pontoon, jetty, pier or similar structure, designed or adapted to provide moorings for boats used primarily for pleasure or recreation, with ancillary facilities such as slipways or facilities for the repair and maintenance of boats and the provision of fuel, accessories and parts for boats, and of foodstuffs.marine business means the carrying on of an occupation, trade or business which depends for its operation upon proximity to open water, and includes the management or operation of a marina, but (in Part 2) does not otherwise include a use elsewhere specifically defined in this subclause.marine industry means an industry, not being an offensive or hazardous industry, which depends for its operation upon proximity to open water, and includes boat and ship building and repairing boats and related manufacturing, seafood processing, seafood production, and provision of water-borne freight or passenger services.masterplan means a plan which outlines long-term proposals and overall layouts within individual sectors and/or precincts prepared in accordance with the Conservation and Land Use Management Plan.North Wallarah Peninsula means the land to which this plan applies.pathway means a formed route used by pedestrians and/or bicyclists.recreation area means:(a) a children’s playground,(b) an area used for sporting activities or sporting facilities,(c) an area or building used by the Council, or by a body of persons associated together, to provide facilities for the purpose of the physical, cultural or intellectual welfare of the community, but does not include a racecourse or a showground.relic means any deposit, object or material evidence (which may consist of human remains) relating to:(a) the use or settlement of the area of Lake Macquarie, not being Aboriginal habitation, which is more than 50 years old, or(b) Aboriginal habitation of the area of Lake Macquarie whether before or after its occupation by persons of non-Aboriginal extraction.setting of a heritage item means improvements and natural features on the land containing the heritage item and includes trees, gardens, surface treatments, boundary treatments, walls, out-buildings and other built structures, monuments, garden furniture and lighting.telecommunication facility means a facility used to receive and transmit telecommunications including, but not limited to, towers, antennae, ground based and underground facilities.the Conservation and Land Use Management Plan means the document entitled North Wallarah Peninsula Conservation and Land Use Management Plan adopted by the Council on 13 March 2000, copies of which are available from the office of the Council.the map means the map marked “Lake Macquarie Local Environmental Plan 2000—North Wallarah Peninsula”.tourist facilities means an establishment providing for holiday accommodation or recreation and may include a boat shed, boat landing facilities, camping ground, caravan park, holiday cabins, hotel, house boat, motel, playground, refreshment room, water sport facilities or a club used in conjunction with any such activities, but (in Part 2) does not include a marina.(2) In this plan, a reference to:(a) a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose, and(b) a map is reference to a map deposited in the office of the Council.(3) Land is within a zone referred to in clause 9 if it is shown on the map as being within that zone.(4) The list of contents of this plan is not part of this plan.
6 Model provisions
The Environmental Planning and Assessment Model Provisions 1980 (other than the definitions of arterial road, dwelling, dwelling-house, map and tourist facilities in clause 4 (1)), and other than clauses 8 and 34, are adopted for the purposes of this plan.
7 Consent authority
The Council is the consent authority for the purposes of this plan, subject to the Act.
8 Savings
(1) Any development application lodged but not finally determined prior to the appointed day is to be assessed and determined under the provisions of Lake Macquarie Local Environmental Plan 1984 instead of this plan.(2) However, when determining an application to which this clause applies, the consent authority must have regard to the provisions of this plan as if it had been exhibited under the Act but had not been made.
Part 2 General restrictions on development
9 Zones indicated on the map
The following zones are indicated on the map:Zone No 6 (a) Open Space “A” Zone (or Public Recreation Zone)Zone No 6 (c) Open Space “C” Zone (or Local Reservation Zone)Zone No 7 (c) Environmental Protection “C” Zone (or Coastal Lands Zone)Zone No 7 (e) Environmental Protection “E” Zone (or Wildlife Corridor Zone)Zone No 8 (a) National Parks and Nature Reserves (Existing) ZoneZone No 10 (a) Special Development “A” Zone (or Sustainable Mixed Use Development Zone)
10 Zone objectives
(1) The objectives of a zone are set out in subclause (1) of clauses 12–18.(2) Consent must not be granted to the carrying out of development unless the consent authority is satisfied that the carrying out of the development is consistent with:(a) the aims of this plan, and(b) one or more objectives of the zone within which the development is proposed to be carried out.
11 Carrying out development
Except as otherwise provided by this plan:(a) development that may be carried out without development consent, and(b) development that may be carried out only with development consent, andis set out in subclauses (2)–(4) of clauses 12–18.(c) development that is prohibited,
12 Zoning controls for Zone No 6 (a)—Open Space “A” (or Public Recreation) Zone
(1) What are the objectives of the zone? The objectives of Zone No 6 (a) are:(a) to provide areas of open space that meet a variety of community needs,(b) to enable open space to cater for changing community needs and aspirations over time,(c) to provide open space which allows for the development of a variety of recreation and leisure activities commensurate with the size, preference and needs of the population, recognising the Council’s role as a tourist location,(d) to allow for leisure and recreation-orientated development which:(i) promotes worthwhile community benefits,(ii) would not have an adverse impact on the amenity of adjacent areas,(iii) would not have an adverse effect on water quality, land and surface condition and important ecosystems, and(e) to restrict development on the land so zoned to development which recognises, conserves and manages the ecological values of the land.(2) What does not require consent? Development for the purpose of:landscaping or gardening works.(3) What requires development consent? Development for the purpose of:buildings used for landscaping or gardening, buildings or land uses under the care, control and management of the Council, drainage, recreation areas, refreshment rooms, roads, telecommunication facilities, tourist facilities, utility installations (other than gas holders and generating works).Subdivision.(4) What is prohibited? Any development not included in subclause (2) or (3).
13 Zoning controls for Zone No 6 (c)—Open Space “C” (or Local Reservation) Zone
(1) What are the objectives of the zone? The objectives of Zone No 6 (c) are:(a) to identify privately owned land, which is proposed to be used principally for the purpose of public open space and recreation so that it can be acquired for that use, and(b) to allow any other land use, with the consent of the Council, provided that the purpose does not:(i) adversely affect the usefulness of the land for the purpose for which it is required, and(ii) prejudice proposals for the acquisition of land as referred to in paragraph (a).(2) What does not require consent? Development for the purpose of:landscaping or gardening works.(3) What requires development consent? Development for the purpose of:agriculture, buildings used for landscaping or gardening, buildings or uses under the care, control and management of the Council, drainage, recreation areas, refreshment rooms, roads, telecommunication facilities, tourist facilities, utility installations (other than gas holders and generating works).Subdivision.(4) What is prohibited? Any development not included in subclause (2) or (3).
14 Zoning controls for Zone No 7 (c)—Environmental Protection “C” (or Coastal Lands) Zone
(1) What are the objectives of the zone? The objectives of Zone No 7 (c) are:(a) to set aside land for the purpose of protecting sensitive coastal areas,(b) to restrict the type and scale of development which may be allowed on lands possessing sensitive coastal environments to those compatible with such environments, and(c) to allow development only where it can be demonstrated that it can be carried out in a manner that does not detract from the scenic quality of the lands.(2) What does not require consent? Nil.(3) What requires development consent? Development for the purpose of:buildings used for landscaping and gardening, buildings used for toilet or ablution facilities, dams, drainage, kiosks, landscaping and gardening works, pathways, refreshment rooms.Subdivision.(4) What is prohibited? Any development not included in subclause (2) or (3).
15 Zoning controls for Zone No 7 (e)—Environmental Protection “E” (or Wildlife Corridor) Zone
(1) What are the objectives of the zone? The objectives of Zone No 7 (e) are:(a) to conserve land or items of special environmental significance,(b) to maintain natural habitats for native plants and animals within the local ecological subsystem,(c) to maintain a network of natural or semi-natural habitats and to re-establish missing sections of natural environmental habitats, and(d) to enable the development of land for other purposes where it can be demonstrated by the applicant that the proposed development can not reasonably be undertaken elsewhere and that appropriate steps are taken to minimise the impact of the development on the land and the nearby land.(2) What does not require consent? Development for the purpose of bush regeneration and bush management in accordance with an ecological conservation and management plan approved by the Council.(3) What requires development consent? Development for the purpose of:drainage, roads, utility installations (other than gas holders or generating works).Subdivision.(4) What is prohibited? Any development not included in subclause (2) or (3).
16 Zoning controls for Zone No 8 (a)—National Parks and Nature Reserves (Existing) Zone
(1) What are the objectives of the zone? The objectives of Zone No 8 (a) are:(a) to identify land which is reserved or dedicated under the National Parks and Wildlife Act 1974, and(b) to allow for the management and appropriate use of that land as provided for in the National Parks and Wildlife Act 1974.(2) What does not require consent? Development for the purpose of any land use authorised by or under the National Parks and Wildlife Act 1974, and any land use incidental or ancillary to such a land use.(3) What requires development consent? Nil.(4) What is prohibited? Any development not included in subclause (2).
17 Zoning controls for Zone No 10 (a)—Special Development “A” (or Sustainable Mixed Use Development) Zone
(1) What are the objectives of the zone? The objectives of Zone No 10 (a) are:(a) to achieve a planned urban outcome, based on principles of ecological sustainability, at a village settlement scale, enhancing quality of lifestyle, social equity, and ecological awareness,(b) to promote development that is compatible with the amenity of adjoining and surrounding residential development, does not adversely affect the capacity and safety of road networks and can connect to a water supply, and a sewerage and drainage system,(c) to ensure that development contributes to a sustainable, vibrant community, and reflects holistic consideration and integration of social, economic and environmental design issues,(d) to promote the ecological compatibility of development with conservation outcomes identified for the land in the North Wallarah Peninsula Local Environmental Study, copies of which are available from the office of the Council,(e) to provide for a range of development types identified in the Conservation and Land Use Management Plan, and described in Schedule 1,(f) to achieve favourable land use outcomes by focussing on environmental, social, economic, community and amenity factors rather than individual land use types,(g) to provide a wide range of housing and accommodation choices through a variety of urban settlement forms.(2) What does not require consent? Exempt development.(3) What requires development consent? Development not included in subclause (2) or (4).(4) What is prohibited? Development for the purpose of:abattoirs, aerodromes, agriculture, airline terminals, bulk stores, cemeteries and crematoria, funeral parlours, generating works, institutions, junk yards, liquid fuel depots, mineral sand mining, motor showrooms, offensive or hazardous industries, road transport terminals, sawmills, stock and sale yards, timber yards.
Part 3 Special provisions
18 Development for the purpose of bushfire control or bushfire hazard reduction
Nothing in this plan prevents a person, with development consent, from carrying out development for the purpose of bushfire control or bushfire hazard reduction.
19 Temporary use of land
Regardless of any other provision of this plan, a person may carry out development on any land with development consent for any purpose for a maximum period of 28 consecutive days in any one year, but only if, in the opinion of the consent authority, the use of the land for that purpose contributes to, or does not detract from, the social, environmental, cultural or scientific well being of the community.
20 Acquisition and development of land
(1) The owner of any land within Zone No 6 (c) or 7 (e) may, by notice in writing, require the Council to acquire the land.(2) On receipt of a notice referred to in subclause (1), the Council shall acquire the land unless the land may be required to be provided as a condition of consent to the carrying out of development.(3) A person may, with development consent, carry out development for any purpose on land within Zone No 6 (c) or 7 (e) until the land is acquired or developed for the purpose for which it is zoned.(4) Consent must not be granted as referred to in subclause (3) unless consideration has been given to:(a) whether the land would be rendered unfit for the purpose for which it is zoned, if the development were carried out,(b) the need for the proposed development on the land,(c) the impact of the proposed development on the existing or likely future use of the land,(d) the need to retain the land for its existing or likely future use,(e) the effect of the proposed development on the costs of acquisition,(f) the imminence of acquisition, and(g) the costs of reinstatement of the land for the purposes for which the land is to be acquired.(5) Conditions may be imposed on any such consent requiring:(a) the removal of any building or work for which the Council has granted consent, andwithout the payment of compensation by the Council.(b) the reinstatement of the land or removal of any waste materials, refuse or contaminants,
21 Access
Nothing in this plan prevents a person with development consent from carrying out development, on land to which this plan applies, for the purposes of access.
22 Tree preservation
(1) Objective of provision The objective of this provision is to maintain the amenity of the Lake Macquarie area through the preservation of trees.(2) A person shall not carry out or permit or direct or cause the ringbarking, cutting down, lopping, topping, removal or destruction of any tree without development consent.(3) Subclause (2) does not apply where the tree is:(a) in a State forest or within a timber or forest reserve within the meaning of the Forestry Act 1916, or(b) in a national park within the meaning of the National Parks and Wildlife Act 1974, or(c) trimmed or removed in accordance with section 48 of the Electricity Supply Act 1995 or by an electricity distributor in accordance with Part 5 of the Electricity Supply (General) Regulation 1996, or(d) the subject of action under the Rural Fires Act 1997 or any bushfire management plan produced in accordance therewith or the subject of action by New South Wales Fire Brigades, or(e) declared to be a noxious weed under the Noxious Weeds Act 1993, or(f) less than 5 metres in height when measured from the natural ground surface at the base of the tree, or(g) the subject of action reasonably taken to protect life or property from imminent danger from a bushfire burning in the near vicinity of the land on which the tree is situated, or(h) dead, dying or dangerous, or(i) in an inner protection area within the meaning of the document entitled Planning for Bush Fire Protection, ISBN 0 9751033 2 6, prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, dated December 2006, and of a species which the Council has classified as being likely to present a significant fire hazard, and is either:(i) the subject of a written notice about a proposal to cut down, lop, top, remove or destroy the tree given to the Council before the action was taken and the Council has confirmed in writing to the giver of the notice that it did not oppose the proposed action, or(ii) the subject of a written notice about a proposal to cut down, lop, top, remove or destroy the tree given to the Council before the action was taken and a period of not less than 21 days has elapsed after the notice was given and the Council did not advise the person during the period that it opposed such action being taken.(4) A notice given under subclause (3) must include the name and address of the person who gives it and explain that a tree of a named species situated in a specified position on land described in the notice is intended to be ringbarked, cut down, topped, lopped, removed, injured or destroyed for the purpose of bush fire hazard reduction.cl 22: Am 2007 No 82, Sch 3.14.
23 Exempt and complying development
(1) Development of minimal environmental impact may be carried out within Zone No 10 (a) as exempt development if it is listed as exempt development in Development Control Plan No 33—Exempt Development, as adopted by the Council on 25 October 1999.(2) Development listed as complying development in Development Control Plan No 34—Complying Development as adopted by the Council on 25 October 1999 is complying development if:(a) it is local development for the purpose of a dwelling and is also of a kind that could be carried out with consent on land within Zone No 2 (a) under Lake Macquarie Local Environmental Plan 1984, and(b) it is not an existing use, as defined in section 106 of the Act.(3) Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan No 33—Exempt Development, as adopted by the Council on 25 October 1999, or Development Control Plan No 34—Complying Development, as adopted by the Council on 25 October 1999, as the case may require.(4) A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Development Control Plan No 34—Complying Development adopted by the Council, as in force when the certificate is issued.
24 Determination of development applications
(1) The Conservation and Land Use Management Plan provides planning principles and guidelines to provide direction for development on the North Wallarah Peninsula.(2) Before granting a development application, the consent authority is to take into consideration:(a) the matters referred to in the Conservation and Land Use Management Plan, and(b) any masterplan applicable to the land the subject of the application, and(c) any submissions made by the Department of Urban Affairs and Planning concerning the application.(3) Without affecting the generality of subclause (2) (a), before granting a development application relating to land within a heritage conservation area, the consent authority must assess whether the proposed development will have any adverse effect on the heritage significance of any building, work, relic, tree or place situated on or within the land.
Schedule 1
(Clause 17 (1) (e))
Development Type 1
• Large low-density development lots at the perimeter of urban development.
• Lot sizes generally in excess of 1ha.
• High retention of natural vegetation.
• Selective canopy removal within a designated building envelope and fire protection zone.
• Canopy and understorey retention within the lot boundaries beyond the fire protection zone.
• Access provided for fire trails and identified walking tracks.
• Vehicle access to be provided by existing fire trails or via new road networks constructed for development types 2, 3 and 4.
• No cut excavation or filling to be undertaken on natural slopes greater than 10% (6°) other than as required for access.
• Individual building footprints less than 500m2.
Development Type 2
• Clusters of development lots planned as a transition between development types 3 and 4 and the larger low-density lots of development type 1.
• A building envelope identified for each lot, to take account of bushfire protection requirements.
• Generally larger lots (up to 1ha) with substantial unbuilt areas.
• Selective canopy removal within the identified building envelope with partial retention of the understorey within the lot.
• No excavation or filling to be undertaken on natural slopes greater than 10% (6°) other than as required for access.
• Individual building footprints less than 750m2.
Development Type 3
• Cluster of residential dwellings planned as individual precincts of 20–40 lots.
• A building envelope identified for each lot, to take account of bushfire protection requirements.
• Lot sizes from 750–1250m2.
• No excavation or filling to be undertaken on natural slopes greater than 10% (6°) other than as required for access.
Development Type 4
• Urban village settlement, with diverse urban forms including terraces, small cottages, large homes, traditional suburban residential development, attached housing, apartments, a neighbourhood centre and retail/tourist uses/small commercial and home-based businesses.
• Landscaping using indigenous species to enhance the natural vegetation retained in road reservations and public open space particularly along drainage lines.