New South Wales Repealed Regulations

This legislation has been repealed.

PENRITH LOCAL ENVIRONMENTAL PLAN 2002 (VILLAGES OF MULGOA AND WALLACIA) - REG 9

9 Zone objectives and development control table

(1) The development control table which follows indicates for each zone:

(a) the objectives of the zone, and

(b) the land uses for the purpose of which:

(i) development may be carried out without development consent, and

(ii) development may be carried out only with development consent, and

(iii) development is prohibited.

(2) Demolition of a building or work and subdivision of any land to which this plan applies may be carried out, but only with development consent.

(3) Exempt development under Penrith Local Environmental Plan No 255--Exempt and Complying Development may be carried out without consent despite subclauses (1) and (2).

(4) The consent authority must consider the zone objectives before granting a development application relating to land within a zone.

(5) Except as otherwise provided by this plan, consent must not be granted to development on land to which this plan applies that, in the opinion of the consent authority, is contrary to:

(a) one or more of the aims and objectives of this plan, or

(b) one or more of the objectives of the zone within which the development is proposed to be carried out.

Development control table

Zone 1 (rc)--Rural Conservation (Residential)

(a) Objectives of the zone

(a) to allow for limited residential development while still protecting existing vegetation, fauna, heritage areas and items, and water quality, and

(b) to conserve, protect and maintain riparian corridors, and

(c) to cater for a demand for rural living, and

(d) to allow for a gradual decrease in densities from the village to the surrounding rural area.

(b) (i) Without development consent

• bushfire hazard reduction

• home activities

• water storage tanks in conjunction with a dwelling for which consent has been granted

(b) (ii) Only with development consent

• advertisements associated with a land use for which consent or approval has been granted• agriculture• attached dual occupancies• bed and breakfast establishments• buildings or structures ordinarily associated with a dwelling house• cafes or tearooms• child care centres• dams• drains• dwelling houses

• earthworks/filling• farm sheds• guesthouses• health care consulting rooms• home businesses• roads• telecommunications facilities• telecommunications networks• tourist establishments• utility installations• utility undertakings

(b) (iii) Prohibited Any land use other than those included in items (b) (i) and (b) (ii).

Zone 1 (vc)--Village Centre

(a) Objectives of the zone

(a) to provide for limited commercial and other non-residential opportunities appropriate to the village centre, and

(b) to protect the rural character of the village, and

(c) to provide the opportunity for tourism, and

(d) to allow for sufficient commercial uses to meet local needs, and

(e) to consolidate retail and commercial activities around existing commercial uses, and

(f) to ensure that the nature and scale of new development is compatible with existing development.

(b) (i) Without development consent

• bushfire hazard reduction

• home activities

(b) (ii) Only with development consent

• advertisements associated with a land use for which consent or approval has been granted• bed and breakfast establishments• buildings or structures ordinarily associated with a dwelling house• cafes or tearooms• child care centres• community facilities• drains• guesthouses• health care consulting rooms• home businesses• hotels• local retail or commercial premises

• places of assembly• places of worship• reception centres• recreational facilities• restaurants• roads• service stations• shop top housing• telecommunications facilities• telecommunications networks• tourist establishments• utility installations• utility undertakings

(b) (iii) Prohibited Any land use other than those included in items (b) (i) and (b) (ii).

Zone 1 (vr)--Village Residential

(a) Objectives of the zone

(a) to provide for the housing needs of Penrith's rural villages, and

(b) to protect the rural character of those villages, and

(c) to ensure that the nature and scale of new development is compatible with existing development.

(b) (i) Without development consent

• bushfire hazard reduction

• home activities

• water storage tanks in conjunction with a dwelling for which consent has been granted

(b) (ii) Only with development consent

• advertisements associated with a land use for which consent or approval has been granted• bed and breakfast establishments• buildings or structures ordinarily associated with a dwelling house• cafes or tearooms• child care centres• community facilities• drains• dual occupancies• dwelling houses• educational establishments• guesthouses

• health care consulting rooms• home businesses• places of assembly• places of worship• recreation areas• recreational facilities• roads• telecommunications facilities• telecommunications networks• tourist establishments• utility installations• utility undertakings

(b) (iii) Prohibited Any land use other than those included in items (b) (i) and (b) (ii).

Zone 6 (a)--Public Recreation and Community Uses

(a) Objectives of the zone

(a) to provide for a range of open space, recreational, drainage and community uses, and

(b) to ensure that development:

(i) is for a purpose that promotes or is related to the use and enjoyment of open space, and

(ii) does not significantly diminish public use of or access to open space, and

(iii) does not adversely affect the natural environment, any items or areas of heritage significance or the existing amenity of the area, and

(iv) does not adversely affect the public infrastructure located on the land.

(b) (i) Without development consent

• bushfire hazard reduction

• drains

• water storage tanks in conjunction with development for which consent has been granted

• works for the purposes of landscaping and gardening

(b) (ii) Only with development consent

• buildings for the purposes of landscaping and gardening• child care centres• community facilities• dams• flood mitigation works• kiosks• public buildings• recreation areas• recreational facilities

• restaurants• roads• telecommunications facilities• telecommunications networks• uses (including buildings) specifically permitted by an adopted plan of management for the land prepared pursuant to the Local Government Act 1993 and which are under the care, control and management of the Council• utility installations• utility undertakings

(b) (iii) Prohibited Any land use other than those included in items (b) (i) and (b) (ii).