Central Coast Local Environmental Plan 2022

This Plan is Central Coast Local Environmental Plan 2022.

This Plan commences on 1 August 2022 and is required to be published on the NSW legislation website.

This Plan aims to make local environmental planning provisions for land in the Central Coast in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.

The particular aims of this Plan are as follows—

to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,

to foster economic, environmental and social well-being so that the Central Coast continues to develop as a sustainable and prosperous place to live, work and visit,

to encourage a range of housing, employment, recreation and services to meet the needs of existing and future residents of the Central Coast,

to promote the efficient and equitable provision of public services, infrastructure and amenities,

to provide for a range of local and regional community facilities for recreation, culture, health and education purposes,

to conserve, protect and enhance the natural environment of the Central Coast, incorporating ecologically sustainable development,

to conserve, protect and enhance the environmental and cultural heritage of the Central Coast,

to minimise risk to the community in areas subject to environmental hazards, including flooding, climate change and bush fires,

to promote a high standard of urban design that responds appropriately to the existing or desired future character of areas,

to promote design principles in all development to improve the safety, accessibility, health and well-being of residents and visitors,

to concentrate intensive land uses and trip-generating activities in locations that are most accessible to transport and centres,

to encourage the development of sustainable tourism that is compatible with the surrounding environment.

This Plan applies to the land identified on the Land Application Map.

Despite subclause (1), this plan does not apply to land identified as “Gosford City Centre” on the Land Application Map.

Despite subclause (1A), only clause 5.2 and Schedule 4, Parts 1–3 of this plan apply to land identified as “Gosford City Centre” on the Land Application Map.

Note—

See State Environmental Planning Policy (Precincts—Regional) 2021, Chapter 5 for provisions applying to Gosford City Centre.

The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.

Notes in this Plan are provided for guidance and do not form part of this Plan.

The consent authority for the purposes of this Plan is (subject to the Act) the Council.

A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—

approved by the local plan-making authority when the map is adopted, and

as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.

(Repealed)

Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.

Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.

Note—

The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.

All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.

Note—

The following local environmental plans are repealed under this provision—

Gosford Local Environmental Plan 2014

Gosford Planning Scheme Ordinance

Interim Development Order 122—Gosford

Wyong Local Environmental Plan 2013

Interim Development Order No 146

All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.

If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.

Note—

However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.

A development application made, but not finally determined, before the commencement of State Environmental Planning Policy Amendment (Flood Planning) 2023 must be determined as if that policy had not commenced.

A development application must be determined as if Central Coast Local Environmental Plan 2022 (Amendment No 8) had not commenced if the development application—

relates to land that, immediately before the commencement of the plan, was identified as “Deferred Matter” on the Land Application Map, and

was made, but not finally determined, before the commencement of the plan.

This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.

[Not applicable]

State Environmental Planning Policy (Housing) 2021, Chapter 4 applies to development for the purposes of boarding houses or serviced apartments to which this Plan applies.

For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

This clause does not apply—

to a covenant imposed by the Council or that the Council requires to be imposed, or

to any biodiversity certification conferred under the Biodiversity Conservation Act 2016, Part 8, or

to any private land conservation agreement within the meaning of the Biodiversity Conservation Act 2016, or

to any relevant instrument within the meaning of the Crown Land Management Act 2016, section 13.4, or

to the relevant provisions of a land management (native vegetation) code (and the necessary mandatory code compliant certificate) with respect to a set aside area under the Local Land Services Act 2013, Part 5A, or

to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

to any property vegetation plan within the meaning of the Native Vegetation Act 2003 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or

to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001 that is continued in force by the Biodiversity Conservation (Savings and Transitional) Regulation 2017, or

to any planning agreement within the meaning of the Act, Division 7.1.

This clause does not affect the rights or interests of any public authority under any registered instrument.

Under the Act, section 3.16, the Governor, before the making of this clause, approved of subclauses (1)–(3).