New South Wales Consolidated Regulations

BLACKTOWN LOCAL ENVIRONMENTAL PLAN 1988 - REG 31

31 Parklea Markets

(1) This clause applies to the land shown edged heavy black on the map marked “ Blacktown Local Environmental Plan 1988 (Amendment No 1) ”.

(2) In this clause:
"appointed day" means the day on which Blacktown Local Environmental Plan 1988 (Amendment No 1) took effect.
"designated building" means the building situated, as at the appointed day, on the land shown hatched on the map marked “ Blacktown Local Environmental Plan 1988 (Amendment No 1) ”.
"stall area" means a marked-out area, not exceeding 10 square metres of the floor of the designated building, in respect of which a number has been permanently assigned and on which that number is displayed.
"week-end market" means a place (other than a shop) where goods (including food) are sold by 2 or more persons from temporary stalls, booths, benches or tables on a Saturday or Sunday, or on any public holiday which occurs on a Monday, between 7.30 am and 6 pm.

(3) Except as otherwise provided by this clause, the carrying out of development on the land to which this clause applies is prohibited.

(4) A person may, with the consent of the council, use designated building for the following purposes:

(a) a week-end market,

(b) a plant nursery,

(c) a cultural, recreational, sporting or entertainment facility, including exhibitions, trade shows and the like.

(5) Development consent for the purpose specified in subclause (4) (c) authorises the use of the designated building for the particular purpose concerned on one occasion only or, if the council specifies a particular period for which the use is authorised, for the period so specified.

(6) The council shall refuse consent to an application to use the designated building for a purpose specified in subclause (4) if it is not satisfied that adequate provision have been made in relation to the following matters:

(a) carparking on the surrounding land,

(b) services (including water, drainage, sewerage and roads) to the land comprising the site on which the designated building is situated,

(c) protection of the amenity of adjoining land.

(7) The council may grant consent to an application to alter the designated building, except if the alteration would result in an increase in the gross floor area of the designated building as at the appointed day.

(8) A person shall not use the designated building for the purposes of a week-end market if there are more than 500 stall areas occupied by temporary stalls, booths, benches or tables within the designated building.

(9) No direct vehicular or pedestrian access is permitted between the land to which this clause applies and Old Windsor Road.

(10) A person shall not use the designated building for a purpose specified in subclause (4) (c) after 5 pm in any calendar year if it has been used on 12 occasions in that calendar year for such a purpose after that time or, if the council specifies a particular number of days in any one calendar year within which the designated building may be so used, it has been used in that calendar year for that number of days for such a purpose after that time.

(11) A person shall not carry out development on the land to which this clause applies unless:

(b) arrangements satisfactory to the council have been made with the council for the provision of sewerage services to the land.

(12) In carrying out development on the land to which this clause applies, a person must comply with the requirements (if any) specified in respect of the development:

(a) by the Manager of the Theatres and Public Halls Branch of the Department of Local Government, and

(b) the State Pollution Control Commission.

(13) If the sale or disposal of farm produce at any week-end market constitutes a public market within the meaning of section 15 of the Sydney Market Authority Act 1968 , a person shall not carry out development on the land to which this clause applies for the purposes of a week-end market unless written permission from the Sydney Market Authority has been obtained in accordance with that section.

(14) Nothing in this clause:

(a) prevents the council from granting consent to an application to carry out development relating to a matter specified in subclause (6), or

(b) prevents the use within the designated building of the refreshment room known, as at the appointed day, as the “Golden Nugget”, or

(c) prevents the use within the designated building of the eight shop structures, as shown in the locations identified by survey on the drawing marked “Plan Showing Shop Structures within Parklea Markets”, reference 2345/1 and dated 9 October 1989, deposited in the office of the Council for the purpose of retailing of food when the designated building is being used for a purpose referred to in subclause (4).