New South Wales Consolidated Regulations

PENRITH LOCAL ENVIRONMENTAL PLAN (CADDENS) 2009 - REG 2.6B

2.6B Temporary use of land

(1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2) Despite any other provision of this Plan, development consent may be granted to development on land in any zone for any temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

(3) Development consent must not be granted unless the consent authority is satisfied that:

(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable instrument, and

(b) the temporary use does not adversely impact on any adjoining land or the amenity of the neighbourhood, and

(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

(d) at the end of the temporary use period the site will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4) Despite subclause (2), the temporary use of a dwelling in an exhibition village as a sales office may exceed 52 days (whether or not consecutive days) in any period of 12 months, and in that case subclause (3) (d) applies only to restoration as a dwelling at the end of the temporary use.