Penrith Local Environmental Plan No 201 (Rural Lands) Amendment No 10 (2004-252) [GG No 83 of 14.5.2004, p 2853] (NSW)

2004 No 252

New South Wales

Penrith Local Environmental Plan No 201 (Rural Lands) Amendment No 10

under the

Environmental Planning and Assessment Act 1979

I, the Minister Assisting the Minister for Infrastructure and Planning (Planning Administration), make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (P03/00407/S69)

DIANE BEAMER, M.P.,

Minister Assisting the Minister for Infrastructure

and Planning (Planning Administration)

Published in Gazette No 83 of 14 May 2004, page 2853	Page 1
2004 No 252

Clause 1 Penrith Local Environmental Plan No 201 (Rural Lands) Amendment No 10

Penrith Local Environmental Plan No 201 (Rural Lands)

Amendment No 10

under the

Environmental Planning and Assessment Act 1979

1      Name of plan

This plan is Penrith Local Environmental Plan No 201 (Rural

Lands) Amendment No 10.

2      Aim of plan

The aim of this plan is to permit development for the purpose of a wholesale and retail plant nursery and produce store on certain land at Kemps Creek.

3      Land to which plan applies

This plan applies to Lot X DP 421633 Mamre Road, Kemps Creek, as shown edged by a heavy black line on the map marked “Penrith Local Environmental Plan No 201 (Rural Lands) Amendment No.10—Mamre Road, Kemps Creek” deposited in the office of the Council of the City of Penrith.

4 Amendment of Penrith Local Environmental Plan No 201 (Rural Lands)

Penrith Local Environmental Plan No 201 (Rural Lands) is amended as set out in Schedule 1.

2004 No 252

Penrith Local Environmental Plan No 201 (Rural Lands) Amendment No 10

Amendment	Schedule 1
Schedule 1 Amendment

(Clause 4)

Clause 42

Insert after clause 41:

42      Development of certain land at Mamre Road, Kemps Creek

(1)

This clause applies to land at Mamre Road, Kemps Creek, being land shown edged heavy black on the map marked “Penrith Local Environmental Plan No 201 (Rural Lands) Amendment No 10”.

(2)

Despite any other provision of this plan, a person may, with the consent of the Council, carry out development on the land to which this clause applies for the purposes of a produce store and wholesale and retail plant nursery.

(3)

The Council must not grant consent to the carrying out of such

development unless:

(a)	the Council has taken into consideration whether the development would adversely affect the existing or future service and safety levels of roads into and out of the development site, and
(b)	vehicular access into the development site is via the signal-equipped intersection of Mamre Road and Baker’s Lane.

(4)

In this clause:

exceeding 330m2, that is used for the sale by retail or storage650m2 in gross floor area with an attached awning not produce store means a building or place, not exceeding

of:

(a)	grain, or
(b)	stock feed, or
(c)	fertilizer, or
(d)	veterinary medicine,

and includes any ancillary office or toilet facilities.

2004 No 252

Penrith Local Environmental Plan No 201 (Rural Lands) Amendment No 10

Schedule 1 Amendment

wholesale and retail plant nursery means a building or place

used for any one or more of the following purposes:

(a) the growing and retail selling of plants, where the

growing and propagation area does not exceed

1,600m2,

(b)	the storage of nursery items within a shade house,
(c)	the storage and retail selling of bulk landscape supplies including sand, mulch and compost, and materials such as fence rails, posts, gates, logs and firewood.