Penrith Local Environmental Plan No 201 (Rural Lands)
35Development of certain land at Badgery’s Creek
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35 Development of certain land at Badgery’s Creek
35 Development of certain land at Badgery’s Creek
(1) This clause applies to Lot 5, DP 229770, Part Portion 52, Lot 25, DP 258414, Lot 1, DP 60530, Lots 1 and 2, DP 227140 and Lot 1, DP 309802 Luddenham Road, Badgery’s Creek, being land shown on the map as land to which this clause applies.
(2) The objectives of this clause in addition to those specified in Item 1 of the matter relating to Zone No 1 (c) in the Table to clause 9 are—
(a) to allow rural residential development at an average density for the area of land to which this clause applies of not more than one dwelling per 2 hectares, and
(b) to protect the existing vegetation, especially along creek lines and on ridges, and
(c) to protect localities of Aboriginal archaeological significance, and
(d) to protect downstream land from further flooding as a result of additional stormwater run off from the development, and
(e) to ensure that development of the land is consistent with the aims and objectives of Sydney Regional Environmental Plan No 9—(Extractive Industry) in relation to potential extractive industry in adjoining areas.
(3) Notwithstanding any other provision of this plan, a person may, with the consent of the council, carry out rural residential development, on land to which this clause applies, as part of an integrated development with an associated golf course, a motel, and recreation facilities.
(4) The council shall not grant consent to development on land to which this clause applies unless it is satisfied that—
(a) the development will not create a demand for the unreasonable or uneconomic provision or extension of public amenities or public services whether by the council or by another public authority, and
(b) the design of each allotment to be created by any subdivision and the location of any dwelling-house is satisfactory for the economic provision of services and is suitable for disposal of effluent, and
(c) where the development is to be carried out on or near ridgetops, it will not significantly intrude into the skyline or detract from the scenic amenity of the area, and
(d) building curtilages are identified and dwellings appropriately sited to minimise clearing of vegetation, and