Penrith Local Environmental Plan No 261 (2002-699) [GG No 144 of 13.9.2002, p 8096] (NSW)

2002 No 699

Penrith Local Environmental Plan

No 261

New South Wales

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the

Environmental Planning and Assessment Act 1979. (P01/00279/S69)

ANDREW REFSHAUGE, M.P.,

Minister for Planning

Published in Gazette No 144 of 13 September 2002, page 8096	Page 1
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2002 No 699

Clause 1 Penrith Local Environmental Plan No 261

Penrith Local Environmental Plan No 261

1     Name of plan

This plan is Penrith Local Environmental Plan No 261.

2     Aims of plan

This plan aims:

(a)	to allow, with the consent of Council of the City of Penrith, development for the purpose of a golf course on land within Zone No 2 (a) under Penrith Local Environmental Plan No 43, and
(b)	to allow, with the Council’s consent, flood mitigation works to be carried out on land within Zone No 2 (a) under that Plan and on other specified land to which that Plan or Interim Development Order No 28—Penrith or Interim Development Order No 93—Penrith applies, and drainage works to be carried out on land within Zone No 6 (c) under that Plan and on other specified land to which that Plan or Interim Development Order No 28—Penrith or Interim Development Order No 93—Penrith applies, and
(c)	to allow earthworks to be undertaken without the Council’s consent on specified land to which that Plan or Interim Development Order No 28—Penrith or Interim Development Order No 93—Penrith applies if undertaken in association with any other development requiring development consent under the instrument concerned and in respect of which consent is granted.

3     Land to which plan applies

This plan applies:

(a)	to land within the City of Penrith to which Interim Development Order No 28—Penrith applies, and
(b)	to land within the City of Penrith to which Interim Development Order No 93—Penrith applies, and
(c)	to land within the City of Penrith to which Penrith Local Environmental Plan No 43 applies.

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2002 No 699

Penrith Local Environmental Plan No 261 Clause 4

4     Amendment of environmental planning instruments

This plan amends:

(a)	Interim Development Order No 28—Penrith as set out in Schedule 1, and
(b)	Interim Development Order No 93—Penrith as set out in Schedule 2, and
(c)	Penrith Local Environmental Plan No 43 as set out in Schedule 3.

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2002 No 699

Penrith Local Environmental Plan No 261

Schedule 1 Amendment of Interim Development Order No 28—Penrith

Schedule 1

Amendment of Interim Development Order

No 28—Penrith

(Clause 4 (a))

[1]     Clause 2 Definitions

Insert in alphabetical order:

Flood mitigation works means works for the purpose of eliminating, reducing or otherwise mitigating the effects of flooding.

Golf course means any area adapted for the playing of golf and includes related earthworks and drainage, and related facilities such as a club house, golf driving or practice range, refreshment room, pro shop, parking, maintenance depot, and the like.

[2]     Clause 30A

Omit “educational establishments” from clause 30A (3). works”.

[3]     Clause 30AA

Insert before clause 30A:

30AA

Penrith Panthers Site, Mulgoa Road, Penrith

(1)	This clause applies to that part of the land shown edged heavy black on the map deposited in the office of the Council and marked “Penrith Local Environmental Plan No 261” to which this Order applies.
(2)	Nothing in this Order operates so as to require development consent to be obtained for the winning of extractive material, or the carrying out of earthworks or operations concerning the winning of extractive material, undertaken for the purposes of any other development that may be carried out only with the consent of the Council under this Order and in respect of which consent is granted.

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2002 No 699

Penrith Local Environmental Plan No 261

Amendment of Interim Development Order No 93—Penrith Schedule 2

Schedule 2

Amendment of Interim Development Order

No 93—Penrith

(Clause 4 (b))

[1]     Clause 2

Insert in alphabetical order:

flood mitigation works means works for the purpose of eliminating, reducing or otherwise mitigating the effects of flooding.

golf course means any area adapted for the playing of golf and includes related earthworks and drainage, and related facilities such as a club house, golf driving or practice range, refreshment room, pro shop, parking, maintenance depot, and the like.

[2]     Clause 37AA

Insert before clause 37A:

37AA

Penrith Panthers Site, Mulgoa Road, Penrith

(1)	This clause applies to that part of the land shown edged heavy black on the map deposited in the office of the Council and marked “Penrith Local Environmental Plan No 261” to which this Order applies.
(2)	Nothing in this Order operates so as to require development consent to be obtained for the winning of extractive material, or the carrying out of earthworks or operations concerning the winning of extractive material, undertaken for the purposes of any other development that may be carried out only with the consent of the Council under this Order and in respect of which consent is granted.

[3]     Clause 37A

Omit “educational establishments” from clause 37A (3). works”.

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2002 No 699

Penrith Local Environmental Plan No 261

Schedule 3 Amendment of Penrith Local Environmental Plan No 43

Schedule 3

Amendment of Penrith Local

Environmental Plan No 43

(Clause 4 (c))

[1]     Clause 7 Interpretation

Insert in alphabetical order in clause 7 (1):

flood mitigation works means works for the purpose of eliminating, reducing or otherwise mitigating the effects of flooding.

golf course means any area adapted for the playing of golf and includes related earthworks and drainage, and related facilities such as a club house, golf driving or practice range, refreshment room, pro shop, parking, maintenance depot, and the like.

[2]     Clause 9

Insert “flood mitigation works; golf courses;” after “educational establishments;” in Column III of the Table to clause 9 opposite the matter relating to Zone No 2 (a).

[3]     Clause 9, Table

Insert “drainage;” after “Bowling greens;” in Column III of the Table to clause 9 opposite the matter relating to Zone No 6 (c).

[4]     Clause 19

Omit “educational establishments” from clause 19 (3). works”.

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2002 No 699

Penrith Local Environmental Plan No 261

Amendment of Penrith Local Environmental Plan No 43 Schedule 3

[5]     Clause 19A

Insert after clause 19:

19A Penrith Panthers Site, Mulgoa Road, Penrith

(1) This clause applies to that part of the land shown edged heavy black on the map deposited in the office of the Council and marked “Penrith Local Environmental Plan No 261” to which this plan applies.

(2) Nothing in this plan operates so as to require development consent to be obtained for the winning of extractive material, or the carrying out of earthworks or operations concerning the winning of extractive material, undertaken for the purposes of any other development that may be carried out only with the consent of the Council under this plan and in respect of which consent is granted.

(3)

The Council, in determining an application for consent to carry out development for the purpose of a golf course on land to which this clause applies, must have regard to the following matters:

(a)	the effect that the development would have upon the amenity of adjacent residential properties,
(b)	the adequacy of existing and proposed fencing and landscape screening adjacent to adjoining residential properties,
(c)	design solutions proposed to minimise the possibility of golf balls straying into adjoining residential properties,
(d)	the effect that the development would have upon aboriginal cultural heritage.

BY AUTHORITY

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