New South Wales Consolidated Regulations

LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2014 - REG 7.18

7.18 Development on certain land at Wangi Wangi

(1) This clause applies to land as follows--

(a) subclause (2) applies to land identified as "Wangi Wangi Area 1" on the Additional Permitted Uses Map ,

(b) subclauses (3)-(5) apply to land identified as "Wangi Power Station Area" on the Key Sites Map .

(2) Development consent may be granted for development for the purposes of bed and breakfast accommodation, research stations, residential accommodation, storage premises and water recreation structures on land to which this subclause applies.

(3) Development consent must not be granted to development on land to which this subclause applies for the purpose of residential accommodation unless the consent authority is satisfied that--

(a) the development is not likely to be adversely affected by mining or petroleum production noise, visual amenity or odour, and

(b) the development incorporates mitigation measures for the management of any such noise, visual amenity or odour impacts, and

(c) the total floor area for retail premises in the development does not exceed 5,000 square metres, and

(d) the development involves the use of the Wangi Power Station building for a combination of other uses that are permitted on the land, other than retail premises.

(4) The Wangi Power Station building must be fully redeveloped under subclause (3) before development consent may be given for development on the land to which this subclause applies that is in Zone R3 Medium Density Residential.

(5) Development consent must not be granted for development on land to which this subclause applies unless a development control plan that provides for the following matters has been prepared in relation to the development--

(a) a mixed use development and a land use mix that takes account of Wangi Wangi local business centre,

(b) fauna, flora and vegetation corridors,

(c) visual impacts, view corridors and design principles for the development,

(d) the identification of any recreation, community and social facilities on the land,

(e) the conservation and interpretation of the heritage significance of the land in accordance with clause 5.10,

(f) any conservation management plan prepared by the Council,

(g) measures to reduce any potential conflicts with adjoining land uses, including Myuna Colliery,

(h) traffic, pedestrian and cycle networks,

(i) the staging and sequencing of the development on the land within Zone R3 Medium Density Residential,

(j) the identification of landscape areas for revegetation,

(k) sustainable stormwater management, including water re-use,

(l) waste management and demolition issues,

(m) measures to ensure that any noise abatement measures will not conflict with other building design requirements, including solar access, ventilation and Mine Subsidence Board requirements.