Penrith Local Environmental Plan 2010

This Plan is Penrith Local Environmental Plan 2010.

This Plan commences on the day on which it is published on the NSW legislation website.

This Plan aims to make local environmental planning provisions for land in Penrith in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.

The particular aims of this Plan are as follows—

to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,

to provide the mechanism and planning framework for the management, orderly and economic development, and conservation of land in Penrith,

to promote development that is consistent with the Council’s vision for Penrith, namely, one of a sustainable and prosperous region with harmony of urban and rural qualities and with a strong commitment to healthy and safe communities and environmental protection and enhancement,

to accommodate and support Penrith’s future population growth by providing a diversity of housing types, in areas well located with regard to services, facilities and transport, that meet the current and emerging needs of Penrith’s communities and safeguard residential amenity,

to foster viable employment, transport, education, agricultural production and future investment opportunities and recreational activities that are suitable for the needs and skills of residents, the workforce and visitors, allowing Penrith to fulfil its role as a regional city in the Sydney Metropolitan Region,

to reinforce Penrith’s urban growth limits by allowing rural living opportunities where they will promote the intrinsic rural values and functions of Penrith’s rural lands and the social well-being of its rural communities,

to protect and enhance the environmental values and heritage of Penrith, including places of historical, aesthetic, architectural, natural, cultural, visual and Aboriginal significance,

to minimise the risk to the community in areas subject to environmental hazards, particularly flooding and bushfire, by managing development in sensitive areas,

to ensure that development incorporates the principles of sustainable development through the delivery of balanced social, economic and environmental outcomes, and that development is designed in a way that assists in reducing and adapting to the likely impacts of climate change.

This Plan applies to the land identified on the Land Application Map.

Despite subclause (1), this Plan does not apply to the land identified on the Land Application Map as “Deferred matter”.

The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.

Notes in this Plan are provided for guidance and do not form part of this Plan.

The consent authority for the purposes of this Plan is (subject to the Act) the Council.

A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—

approved by the local plan-making authority when the map is adopted, and

as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.

(Repealed)

Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.

Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.

Note.

The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.

All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.

Note.

The following local environmental plans are repealed under this provision—

Interim Development Order No 2—City of Penrith

Interim Development Order No 9—City of Penrith

Interim Development Order No 11—City of Penrith

Interim Development Order No 17—City of Penrith

Interim Development Order No 21—City of Penrith

Interim Development Order No 22—City of Penrith

Interim Development Order No 25—City of Penrith

Interim Development Order No 26—City of Penrith

Interim Development Order No 27—City of Penrith

Interim Development Order No 28—City of Penrith

Interim Development Order No 32—City of Penrith

Interim Development Order No 33—City of Penrith

Interim Development Order No 34—City of Penrith

Interim Development Order No 35—City of Penrith

Interim Development Order No 36—City of Penrith

Interim Development Order No 56—City of Penrith

Interim Development Order No 62—City of Penrith

Interim Development Order No 63—City of Penrith

Interim Development Order No 64—City of Penrith

Interim Development Order No 68—City of Penrith

Interim Development Order No 69—City of Penrith

Interim Development Order No 71—City of Penrith

Interim Development Order No 75—City of Penrith

Interim Development Order No 81—City of Penrith

Interim Development Order No 82—City of Penrith

Interim Development Order No 83—City of Penrith

Interim Development Order No 85—City of Penrith

Interim Development Order No 87—City of Penrith

Interim Development Order No 91—City of Penrith

Interim Development Order No 98—City of Penrith

Penrith City Centre Local Environmental Plan 2008

Penrith Local Environmental Plan No 43

Penrith Local Environmental Plan No 52

Penrith Local Environmental Plan No 85

Penrith Local Environmental Plan No 96

Penrith Local Environmental Plan No 150

Penrith Local Environmental Plan No 188

Penrith Local Environmental Plan No 226

Penrith Local Environmental Plan 1994 (Erskine Park Employment Area)

Penrith Local Environmental Plan 1996—Classification of Public Land

Penrith Local Environmental Plan 1996 (Industrial Land)

Penrith Local Environmental Plan 1997 (Penrith City Centre)

Penrith Local Environmental Plan 1998 (Lakes Environs)

Penrith Local Environmental Plan 2002 (Villages of Mulgoa and Wallacia)

Penrith Local Environmental Plan (Caddens) 2009

Penrith Local Environmental Plan (Glenmore Park Stage 2) 2009

Penrith Local Environmental Plan (South Werrington Urban Village) 2009

Penrith Planning Scheme Ordinance

Sydney Regional Environmental Plan No 13—Mulgoa Valley is repealed.

Sydney Regional Environmental Plan No 25—Orchard Hills is repealed.

All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.

If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.

Note.

However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.

If a development application has been made before the commencement of Penrith Local Environmental Plan 2010 (Amendment No 31) and the application has not been finally determined before that commencement, the application must be determined as if that Plan had not commenced.

This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.

The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—

For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

This clause does not apply—

to a covenant imposed by the Council or that the Council requires to be imposed, or

to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or

to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or

to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or

to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or

to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.

This clause does not affect the rights or interests of any public authority under any registered instrument.

Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).