New South Wales Consolidated Regulations

LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2014 - REG 7.13

7.13 Development on certain land at Boolaroo, Buttaba and North Wallarah Peninsula

(1) The objectives of this clause are as follows--

(a) to ensure that the redevelopment of the former Pasminco Cockle Creek Smelter site, the former Incitec Pivot Fertilizer site at Boolaroo and the South Buttaba Hills paper subdivision site is developed in accordance with sound planning principles that recognise the site constraints and the requirement for integration with adjoining urban areas,

(b) to ensure that North Wallarah Peninsula is developed in accordance with sound planning principles and the development takes into account the environmentally sensitive area.

(2) This clause applies to the following land--

(a) land identified as "Former Pasminco and Incitec sites" on the Key Sites Map , being the former Pasminco Cockle Creek Smelter site and the former Incitec Pivot Fertilizer site, Boolaroo,

(b) land identified as "Buttaba Hills" on the Key Sites Map , being the South Buttaba Hills paper subdivision site,

(c) land identified as "North Wallarah" on the Key Sites Map .

(3) Development consent must not be granted for development on land to which this clause applies unless a development control plan that provides for the matters specified in subclause (4) has been prepared for the land.

(4) 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 active and passive recreation areas,

(e) stormwater and water quality management controls,

(f) amelioration of natural and environmental hazards, including bush fire, 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 encourage higher density living around transport, open space and service nodes,

(i) measures to accommodate and control appropriate neighbourhood commercial and retail uses,

(j) suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.

(5) Subclause (3) does not apply to development for any of the following purposes--

(a) a subdivision for the purpose of a realignment of boundaries that does not create additional lots,

(b) 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 environment protection purpose,

(c) a subdivision of land in a zone in which the erection of structures is prohibited,

(d) development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the development would be consistent with the objectives of the zone in which the land is situated.

(6) In addition to subclause (3), development consent must not be granted to development on land referred to in subclause (2) (a) unless the consent authority is satisfied that--

(a) provision has been, or will be, made for vehicle access between Munibung Road, Cardiff and T C Frith Avenue, Boolaroo, and

(b) there are no significant land use conflicts between the proposed development and the remediation of the remainder of the site.