Penrith Local Environmental Plan 2010

This clause applies to land identified as “Claremont Meadows” on the Clause Application Map.

The objectives of this clause are as follows—

to ensure a high level of pedestrian amenity and good pedestrian linkages within the land and between the land and the existing land forming Claremont Meadows estate, surrounding development and natural areas,

to permit a diverse housing mix that provides a wide range of dwelling types and choice,

to allow for multiple lot sizes that promote higher density around open space,

to ensure that housing located in the vicinity of a major road takes account of the constraints imposed by noise and visual impact.

Development consent must not be granted for development on land to which this clause applies unless the consent authority has taken the following matters into consideration—

any measures that are proposed to promote pedestrian amenity, including provision of pathways and cycleways within the land, and to and from surrounding development,

any measures that are proposed to ensure an appropriate architectural presentation of development to the Gipps Street and Caddens Road frontages, avoiding high fences or walls so that dwellings have a high level of visual amenity and presentation,

for development within 100 metres of the M4 Motorway road reserve, any measures that are proposed—

to protect the viewscape into the subject land when viewed from the M4 Motorway from both the east and the west, so that residential development is not prominent, and

to provide a vegetated corridor on those lots that adjoin the M4 Motorway reserve, linking Claremont Creek to the South Creek Corridor, and

to provide a minimum setback of 20 metres from the M4 Motorway reserve to any dwelling or substantial structure.

Despite any other provision of this Plan, development consent may be granted to the subdivision of land in Zone R2 Low Density Residential with each lot having a minimum area of 250 square metres, if—

all lots will be directly opposite an area of public open space, not including land in Zone C2 Environmental Conservation, of at least 2,500 square metres, and

the minimum landscaped area for any such lots will be 40% of the lot area, and

the subdivision will not result in any battle-axe lots, and

the subdivision will not result in dual occupancy development other than on a corner lot.

Subject to subclause (6), a person must not carry out development on land that adjoins the Werrington Arterial Road corridor unless vehicular access to the land from that road is made by way of another road that is not a classified road.

If, but for subclause (5), development may be carried out, the consent authority may, in relation to that development, allow permanent vehicular access to the Werrington Arterial Road, if, in the opinion of the consent authority, alternative access to that development is neither practicable nor provided by another road or a proposed road identified in the relevant development control plan.