Penrith Local Environmental Plan No 297 (2001-931) [GG No 182 of 26.11.2001, p 9470] (NSW)
2001 No 931
| Penrith Local Environmental Plan No 297 | New South Wales |
| under the |
Environmental Planning and Assessment Act 1979
I, the Minister for Urban Affairs and Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (P00/00060/S69)
ANDREW REFSHAUGE, M.P.,
Minister for Urban Affairs and Planning
Sydney, 16th day of November 2001.
| Published in Gazette No 182 of 26 November 2001, page 9470 | Page 1 |
| [12] | |
| 2001 No 931 |
| Clause 1 | Penrith Local Environmental Plan No 297 |
Penrith Local Environmental Plan No 297
1 Name of plan
This plan is Penrith Local Environmental Plan No 297.
2 Aims of plan
This plan aims to:
| (a) | define the type of development which may be carried out on land within Zones Nos 3 (d) Special Business (Service Area) and 3 (d) Special Business (Highway Service Area) throughout the City of Penrith, and |
| (b) | ensure that certain types of retail development which may generate large volumes of traffic are not permitted on land within those zones. |
3 Land to which plan applies
This plan applies to land within the City of Penrith that is within Zones Nos 3 (d) Special Business (Service Area) and 3 (d) Special Business (Highway Service Area) shown edged by a heavy black line on the map marked “Penrith Local Environmental Plan No 297” deposited in the office of the Council of the City of Penrith.
4 Relationship to other environmental planning instruments
(1) Penrith Planning Scheme Ordinance is amended as set out in
Schedule 1.
| (2) | Interim Development Order No 26—City of Penrith is amended as set out in Schedule 2. |
| (3) | Interim Development Order No 27—City of Penrith is amended as set out in Schedule 3. |
| (4) | Interim Development Order No 28—City of Penrith is amended as set out in Schedule 4. |
| (5) | Penrith Local Environmental Plan No 150 is amended as set out in Schedule 5. |
(6) This plan does not affect the operation of Penrith Local
Environmental Plan 1991 (Environmental Heritage Conservation).
2001 No 931
Penrith Local Environmental Plan No 297
| Amendment to Penrith Planning Scheme Ordinance | Schedule 1 |
| Schedule 1 | Amendment to Penrith Planning Scheme Ordinance |
(Clause 4 (1))
Clause 49B
Omit the clause. Insert instead:
| 49B | Land within Zone No 3 (d) |
| (1) This clause applies to land within Zone No 3 (d) Special Business (Service Area) shown edged by a heavy black line on the map marked “Penrith Local Environmental Plan No 297” deposited in the office of the Council. | |
| (2) Despite clause 4, in this Ordinance as it applies to land to which this clause applies: convenience store means a building or place: |
| (a) | used for the purpose of selling, exposing or offering for sale by retail principally groceries, small goods and associated small items, and |
| (b) | used in conjunction with the sale by retail of petrol, oil and other petroleum products, and |
| (c) | which does not exceed 200 square metres in gross floor area. |
general store means a shop:
| (a) | used for the sale by retail of general merchandise and which may include the facilities of a post office, and |
| (b) | which does not exceed 200 square metres in gross floor area. |
| (3) | The Council must not consent to any development on land to which this clause applies unless the Council is satisfied that: | |||
|
2001 No 931
Penrith Local Environmental Plan No 297
| Schedule 2 | Amendment to Interim Development Order No 26—City of Penrith |
| Schedule 2 | Amendment to Interim Development Order No 26—City of Penrith |
(Clause 4 (2))
[1] Clause 2
Insert “and as amended by the map marked “Penrith Local Environmental Plan No 297” in the definition of I.D.C. map after “deposited in the office of the Council”.
[2] Clause 3
Omit the clause. Insert instead:
3 Model provisions
(1) The Environmental Planning and Assessment Model Provisions 1970 (the Model Provisions) are adopted for the purposes of this Order, except:
| (a) | any definition in clause 1 of the Model Provisions for which there is a definition in clause 2 of this Order, and |
| (b) | as provided by subclause (2). |
| (2) | In this Order as it applies to land within Zone No 3 (d) Special Business (Highway Service Area) shown edged by a heavy black line on the map marked “Penrith Local Environmental Plan No 297” deposited in the office of the Council, the definitions of “general store” and “shop” are not adopted from the Model Provisions and the following definitions apply: | |||||
| convenience store means a building or place: | ||||||
|
2001 No 931
Penrith Local Environmental Plan No 297
| Amendment to Interim Development Order No 26—City of Penrith | Schedule 2 |
general store means a shop:
| (a) | used for the sale by retail of general merchandise and which may include the facilities of a post office, and |
| (b) | which does not exceed 200 square metres in gross floor area. |
shop means a building or place used for the purpose of selling, exposing or offering goods for sale by retail, goods, merchandise or materials, but does not include a building or place specifically defined elsewhere in clause 2, this clause or the Model Provisions, or a building or place used for a purpose specifically defined elsewhere in clause 2, this clause or the Model Provisions.
[3] Clause 19
Insert after clause 18:
19 Restrictions on development on land within Zone No 3 (d)
The Council must not consent to any development on land to which Penrith Local Environmental Plan No 297 applies unless the Council is satisfied that:
| (a) | the type, location and form of development is consistent with the objectives of any development control plan applying to the land, and |
| (b) | any development will not generate large volumes of traffic. |
2001 No 931
Penrith Local Environmental Plan No 297
| Schedule 3 | Amendments to Interim Development Order No 27—City of Penrith |
| Schedule 3 | Amendments to Interim Development Order No 27—City of Penrith |
(Clause 4 (3))
[1] Clause 3
Omit the clause. Insert instead:
3 Model provisions
(1) The Environmental Planning and Assessment Model Provisions 1970 (the Model Provisions) are adopted for the purposes of this Order, except:
| (a) | any definition in clause 1 of the Model Provisions for which there is a definition in clause 2 of this Order, and |
| (b) | as provided by subclause (2). |
| (2) | In this Order as it applies to land within Zone No 3 (d) Special Business (Highway Service Area) shown edged by a heavy black line on the map marked “Penrith Local Environmental Plan No 297” deposited in the office of the Council, the definitions of “general store” and “shop” are not adopted from the Model Provisions and the following definitions apply: | |||||
| convenience store means a building or place: | ||||||
| ||||||
| general store means a shop: | ||||||
|
2001 No 931
Penrith Local Environmental Plan No 297
| Amendments to Interim Development Order No 27—City of Penrith | Schedule 3 |
shop means a building or place used for the purpose of selling, exposing or offering goods for sale by retail, goods, merchandise or materials.
[2] Clause 4
Insert “convenience store” in alphabetical order in the item relating to Zone No 3 (d) Special Business (Highway Service Area) in Column IV of the Table to the clause.
[3] Clause 20
Insert after clause 19:
20 Restrictions on development on land within Zone No 3 (d)
The Council must not consent to any development on land to which Penrith Local Environmental Plan No 297 applies unless the Council is satisfied that:
| (a) | the type, location and form of development is consistent with the objectives of any development control plan applying to the land, and |
| (b) | any development will not generate large volumes of traffic. |
2001 No 931
Penrith Local Environmental Plan No 297
| Schedule 4 | Amendment to Interim Development Order No 28—City of Penrith |
| Schedule 4 | Amendment to Interim Development Order No 28—City of Penrith |
(Clause 4 (4))
[1] Clause 3
Omit the clause. Insert instead:
3 Model provisions
(1) The Environmental Planning and Assessment Model Provisions 1970 (the Model Provisions) are adopted for the purposes of this Order, except:
| (a) | clauses 3–8, and |
| (b) | any definition in clause 1 of the Model Provisions for which there is a definition in clause 2 of this Order, and |
| (c) | as provided by subclause (2). |
| (2) | In this Order as it applies to land within Zone No 3 (d) Special Business (Highway Service Area) shown edged by a heavy black line on the map marked “Penrith Local Environmental Plan No 297” deposited in the office of the Council, the definitions of “general store” and “shop” are not adopted from the Model Provisions and the following definitions apply: | |||||
| convenience store means a building or place: | ||||||
| ||||||
| general store means a shop: | ||||||
|
2001 No 931
Penrith Local Environmental Plan No 297
| Amendment to Interim Development Order No 28—City of Penrith | Schedule 4 |
shop means a building or place used for the purpose of selling, exposing or offering goods for sale by retail, goods, merchandise or materials, but does not include a building or place specifically defined elsewhere in clause 2, this clause or the Model Provisions, or a building or place used for a purpose specifically defined elsewhere in clause 2, this clause or the Model Provisions.
[2] Clause 15
Omit the clause. Insert instead:
15 Floor space of certain shops
A person must not use more than 200 square metres in area of the floor space of a shop referred to in Schedule 3 for the retailing of goods.
| 15A | Restrictions on development on land within Zone No 3 (d) |
The Council must not consent to any development on land to which Penrith Local Environmental Plan No 297 applies unless the Council is satisfied that:
| (a) | the type, location and form of development is consistent with the objectives of any development control plan applying to the land, and |
| (b) | any development will not generate large volumes of traffic. |
2001 No 931
Penrith Local Environmental Plan No 297
| Schedule 5 | Amendments to Penrith Local Environmental Plan No 150 |
| Schedule 5 | Amendments to Penrith Local Environmental Plan No 150 |
(Clause 4 (5))
[1] Clause 6 Interpretation
Insert at the end of the clause:
| (3) | Despite subclause (1), in this Plan as it applies to land within Zone No 3 (d) Special Business—Service Area shown edged by a heavy black line on the map marked “Penrith Local Environmental Plan No 297” deposited in the office of the Council, the definitions of “general store” and “shop” are not adopted from the Environmental Planning and Assessment Model Provisions 1970 and the following definitions apply: | |||||
| convenience store means a building or place: | ||||||
| ||||||
| general store means a shop: | ||||||
| ||||||
| shop means a building or place used for the purpose of selling, exposing or offering goods for sale by retail, goods, merchandise or materials. |
2001 No 931
Penrith Local Environmental Plan No 297
| Amendments to Penrith Local Environmental Plan No 150 | Schedule 5 |
[2] Clause 11A
Insert after clause 11A:
|
The Council must not consent to any development on land to which Penrith Local Environmental Plan No 297 applies unless the Council is satisfied that:
| (a) | the type, location and form of development is consistent with the objectives of any development control plan applying to the land, and |
| (b) | any development will not generate large volumes of traffic. |
[3] Clause 12 Convenience stores, general stores etc
Insert at the end of clause 12:
| (2) | This clause does not apply to land within Zone No 3 (d). |
BY AUTHORITY
0
0
0