Penrith Local Environmental Plan 1998 (Urban Land)
23Development of land within Zone No 5 (b) or 6 (b)
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23 Development of land within Zone No 5 (b) or 6 (b)
23 Development of land within Zone No 5 (b) or 6 (b)
(1) Despite clause 9, the council may consent to development of land within Zone No 5 (b) or 6 (b) for any purpose where, in the opinion of the council—
(a) the land cannot be used within a reasonable time for the purposes for which the land is zoned, or
(b) the land is surplus to the area of land needed for the purposes for which the land is zoned, or
(c) the land has been developed for the purposes for which it is zoned and the proposed development is compatible with those purposes.
(2) A consent referred to in subclause (1) shall not be granted unless the council is satisfied that any necessary arrangements have been made (whether by the imposition of conditions on the consent or otherwise) with respect to each of the following—
(a) the removal or alteration of any building, work or excavation to be erected or carried out on the land pursuant to the consent, and
(b) the reinstatement of the land, and
(c) the removal of any waste material or refuse from the land.
(3) Nothing in this plan prohibits on land referred to in subclause (1)—
(a) the erection of a fence without development consent, or
(b) with the consent of the council, the erection or construction of a utility installation.