42Development of certain land at Mamre Road, Kemps Creek

42 Development of certain land at Mamre Road, Kemps Creek

42 Development of certain land at Mamre Road, Kemps Creek

(1) This clause applies to land at Mamre Road, Kemps Creek, being land shown edged heavy black on the map marked “Penrith Local Environmental Plan No 201 (Rural Lands) Amendment No 10”.

(2) Despite any other provision of this plan, a person may, with the consent of the Council, carry out development on the land to which this clause applies for the purposes of a produce store and wholesale and retail plant nursery.

(3) The Council must not grant consent to the carrying out of such development unless—

(a) the Council has taken into consideration whether the development would adversely affect the existing or future service and safety levels of roads into and out of the development site, and

(b) vehicular access into the development site is via the signal-equipped intersection of Mamre Road and Baker’s Lane.

(4) In this clause—

produce store means a building or place, not exceeding 650m2 in gross floor area with an attached awning not exceeding 330m2, that is used for the sale by retail or storage of—

(a) grain, or

(b) stock feed, or

(c) fertilizer, or

(d) veterinary medicine,

and includes any ancillary office or toilet facilities.

wholesale and retail plant nursery means a building or place used for any one or more of the following purposes—

(a) the growing and retail selling of plants, where the growing and propagation area does not exceed 1,600m2,

(b) the storage of nursery items within a shade house,

(c) the storage and retail selling of bulk landscape supplies including sand, mulch and compost, and materials such as fence rails, posts, gates, logs and firewood.

cl 42: Ins 14.5.2004.