Lake Macquarie Local Environmental Plan 2004
Current version for 1 March 2020 to date (accessed 7 August 2020 at 20:05)
Part 11 Division 2 Clause 156
156   Development control plan
(1)  The objective of this clause is to ensure that development on land within Zone R2 Low Density Residential occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land.
(2)  Development consent must not be granted for development on land within Zone R2 Low Density Residential unless a development control plan that provides for the matters specified in subclause (3) has been prepared for the land.
(3)  The development control plan must provide for all of the following—
(a)  a staging plan for the timely and efficient release of urban land making provision for necessary infrastructure and sequencing,
(b)  an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,
(c)  an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,
(d)  a network of passive and active recreational areas,
(e)  stormwater and water quality management controls,
(f)  amelioration of natural and environmental hazards, including bushfire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,
(g)  detailed urban design controls for significant development sites,
(h)  measures to accommodate and control appropriate neighbourhood commercial and retail uses,
(i)  suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.
(4)  Subclause (2) does not apply to any of the following development—
(a)  a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environmental protection purpose,
(b)  a subdivision of land in a zone in which the erection of structures is prohibited,
(c)  proposed development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone in which the land is situated.
(5)  Development consent must not be granted for development on the following land unless the consent authority is satisfied that the development meets the requirements of the Lake Macquarie Development Control Plan No 1, adopted by the Council on 23 November 2009, or a development control plan is prepared for the land in accordance with this clause—
(a)  Lot 1, Section K, DP 163,
(b)  Lot 2, Section I, DP 163.