33ADevelopment at Myall
Quays
Objective of
Provision
To ensure that development on certain land at
Myall Quays, being Lots 1, 8, Pt 9, 10 and 11 DP 270100 Myall Street,
Admiralty Avenue, Budgeree Street and Toonang Drive, Lots 1–23, DP
285341 and Lots 1–15 DP 285432 Admiralty Avenue and Boston Street, Lots
413 and 487, DP 32559 Port Stephens Street and Tamworth Esplanade and Lot 80,
DP 702022 Myall Street is controlled so that:
(a)
commercial and retail facilities on the land are
structured to serve the convenience needs of the residents and day and
overnight visitors,
(b)
any development on the land is sensitive to the
natural environment, and
(c)
any water body is maintained under the provisions
of a community or neighbourhood scheme.
Local Shopping
Centre—Myall Quays
(1)
Notwithstanding any other provision of this plan,
a person may, with the consent of the Council, carry out development for the
purposes of a local shopping centre on land within Zone No 2 (f) that is
generally bounded by Toonang Drive, Myall Street, Budgeree Street and the
Myall River where the gross floor area (excluding pedestrian arcades, public
mall areas and colonnades) of any building or buildings at the centre used for
retail, office and business purposes does not exceed 3,000 square metres.
However, the Council must not grant consent for the development of more than
one local shopping centre on any such land.
Impact on adjoining
conservation areas and Myall River
(2)
(a)
This subclause applies to development on land
within Zone No 2 (f) for the purpose of a lake or other
waterbody.
(b)
(c)
In determining an application for development to
which this clause applies, the Council must take into consideration:
(i)
the extent to which the proposed development is
likely to affect the environmental qualities on the adjoining wetlands within
Zone No 7 (a) or wet heath areas within Zone 7 (b), and
(ii)
the likely cumulative impact (in conjunction with
existing waterbodies) on the Myall River.
Works for scientific or
educational purposes on wetlands
(3)
Development for the purpose of works that promote
the scientific or educational value of wetlands may be carried out, but only
with development consent, on land shown edged heavy black on the map marked
“Great Lakes Local
Environmental Plan 1996 (Amendment No 5)” that is
within Zone No 7 (a) or 7 (b).
Application of SEPP No
50—Canal Estate Development
(4)
Nothing in this plan modifies or otherwise
affects the application of State
Environmental Planning Policy No 50—Canal Estate
Development to land shown edged heavy black on the map
marked “Great Lakes Local
Environmental Plan 1996 (Amendment No 5)”. In
particular, nothing in this plan allows development prohibited by the Policy
to be carried out on that land.
cl 33A: Ins
30.6.2000. Am 2008 (571), Sch 3.77 [11] [12].