Penrith Local Environmental Plan 2010

The objectives of this clause are as follows—

to establish specific planning controls for land in the Mulgoa Valley (the valley),

to protect and enhance the rural landscape of the valley, including its agricultural qualities, cultural heritage values and the setting of the villages of Mulgoa and Wallacia,

to ensure development in the valley (including rural living opportunities) protects and utilises its tourism and recreational potential and is consistent with conserving its rural and natural landscape, heritage and agricultural qualities,

to ensure traffic generating development is suitably located so as not to adversely affect the safety, efficiency and rural character of roads, particularly Mulgoa Road.

This clause applies to land identified as “Mulgoa Valley” on the Clause Application Map.

Before granting development consent for any purpose on land to which this clause applies, the consent authority must be satisfied of the following—

that any proposed building will not be located on a ridgetop and will not intrude into the skyline when viewed from a road or other public place,

that the proposed development will not adversely affect the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of any heritage item in the valley,

that the proposed form and siting of buildings, colours, landscaping and building materials are appropriate for the rural character of the valley,

that the proposed development will not detract from the “Vistas of heritage items” specified on the Scenic and Landscape Values Map,

that extensive areas of vegetation will not be cleared for the proposed development,

that adequate provision has been made for the landscaping of the land to which the development relates and about whether any trees or other vegetation on the land should be preserved,

that the agricultural viability of holdings and potential of the land will not be adversely affected,

that Aboriginal and non-Aboriginal cultural heritage resources on the land will not be adversely affected,

that the view from Mulgoa Road and the rural setting of the villages of Mulgoa and Wallacia will not be adversely affected,

that the safety and efficiency of Mulgoa Road will not be adversely affected,

that any upgrading required to maintain safety and efficiency will not detract from the present rural character of Mulgoa Road.

Before granting development consent for the subdivision of land to which this clause applies, the consent authority must be satisfied that consent for a building could be granted in accordance with subclause (3) on each lot proposed to be created.