New South Wales Consolidated Regulations

WYONG LOCAL ENVIRONMENTAL PLAN 1991 - REG 70

70 Development of certain land-Bryant Drive, Tuggerah

(1) This clause applies to Lot 10, DP 1038778 and Lot 1, DP 213204, Bryant Drive, Tuggerah.

(2) Nothing in this plan prevents a person, with the consent of the Council, from carrying out the following development:

(a) factory outlet centre having a gross floor area of not more than 18,000 square metres (excluding pedestrian arcades, public mall areas and colonnades)-on so much of Lot 10, DP 1038778 as is to the west of Bryant Drive, Tuggerah,

(b) car and coach parking associated with the development referred to in paragraph (a)-on the remainder of Lot 10, DP 1038778, and Lot 1, DP 213204.

(3) The Council must not consent to a development application made pursuant to this clause unless a condition is imposed by the Council to the effect that only the things referred to in subclause (5) (a)-(d) may be displayed in or made available for sale from the factory outlet centre.

(4) Subclause (3) does not limit the kinds of conditions that may be imposed on a development consent, or allow conditions to be imposed on a development consent otherwise than in accordance with the Act.

(5) For the purposes of this clause, "factory outlet centre" means a building or place used only for the purpose of displaying or making available for sale one or more of the following:

(a) products that do not achieve manufacturers’ quality control requirements,

(b) products that are “end-of-line”, “out-of-season” or “samples”,

(c) products that are damaged,

(d) food and beverage for consumption by customers and staff, provided their sale is ancillary to the sale of things referred to in paragraph (a), (b) or (c),

but does not include a market or trash-and-treasure outlet or the like.