New South Wales Consolidated Regulations

LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2014 - REG 7.16

7.16 Development on certain land at Trinity Point, Morisset Park

(1) This clause applies to land identified as "Morisset Park Area 1" on the Additional Permitted Uses Map .

(2) Development consent may be granted to development for the purpose of residential accommodation (being attached dwellings, dwelling houses, multi dwelling houses and residential flat buildings) and commercial premises as part of a facility for tourists on land to which this clause applies if--

(a) the development comprises no more than 150 dwellings, and

(b) no more than 50% of dwellings are to be used for the purpose of permanent residential accommodation, and

(c) the total floor area of any commercial premises will not exceed 550 square metres, and

(d) the development will include an Aboriginal education centre to provide visitors and residents with information about Aboriginal cultural and heritage values, and

(e) the development has a minimum 6 metre setback from the boundary of Lot 32, DP 1117408.

(3) In determining whether to grant development consent under subclause (2), the consent authority must consider the following--

(a) whether a transition of building heights is provided between Lake Macquarie and nearby streets,

(b) whether any commercial premises are of a nature and scale that reflect the needs of the tourist resort facility and local community,

(c) whether the development achieves a high quality urban form, while maintaining satisfactory views from the adjoining land in Zone R2 Low Density Residential to Lake Macquarie,

(d) whether view sharing is provided along the edges of Lake Macquarie,

(e) whether the development involves appropriate height to plan width proportions that are compatible with the massing, street frontage and building forms within the area,

(f) whether the development includes an active street frontage,

(g) whether the development involves building heights that complement the height of buildings on adjacent land,

(h) whether the development will provide for the protection of the Aboriginal midden located on the southern foreshore of Lake Macquarie.

(4) Development consent must not be granted to development under subclause (2) unless the consent authority is satisfied that tourist and visitor accommodation and residential accommodation is evenly distributed across the site.

(5) In this clause--

"active street frontage" means a street frontage that enables direct visual and physical contact between the street and the interior of the building.

Note : Clearly defined entrances, windows and shop fronts are elements of a building facade that contribute to an active street frontage.