Sienna Waters Pty Ltd v Penrith City Council

[2026] NSWLEC 1270

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

Where a subdivision application secures building envelopes that comply with all relevant numeric DCP controls for setbacks, building separation, site coverage, bulk and massing, the consent authority bears the onus of demonstrating what further separation would be required to protect rural character beyond those controls; absent such evidence, compliance with the numeric controls is sufficient.
Under PLEP 2010 cl 7.5, the distinction between 'development on land' (physical works) and 'development of land' (subdivision) means that the visual impact minimisation requirement applies only to proposed physical works, not to the subdivision itself; the visual impact of potential future buildings is addressed through cl 7.18(4) and the adequacy of building envelopes.
A visual impact assessment is of limited utility where no buildings are actually proposed and the development complies with relevant DCP provisions; such assessments are of most utility when specific built form is proposed for assessment.