Penrith Local Environmental Plan 2010

The objectives of this clause are as follows—

to ensure residential development incorporates features necessary to protect occupiers against adverse noise impacts arising from traffic noise,

to limit the potential risk to life and property from flood events.

This clause applies to certain land identified as “Orchard Hills” on the Clause Application Map.

Before granting development consent for development on land identified as “Orchard Hills” on the Clause Application Map and adjacent to or immediately opposite the M4 Motorway or The Northern Road, the consent authority must be satisfied that—

the external facade of any habitable room would not be exposed to an L_A10 (18 hour) traffic noise level exceeding 63 dBA, or

appropriate noise attenuation measures have been or will be carried out that will reduce the internal noise level to meet AS 3671—1989, Acoustics—Road traffic noise intrusion—Building siting and construction.

Despite any other provision of this Plan, development consent must not be granted for the erection of a building on land identified as “Orchard Hills” on the Clause Application Map and subject to flooding or in a watercourse unless the consent authority is satisfied that—

no practical alternative location exists for the proposed building, and

the building is not likely to be threatened by flood flows, and

the erection or use of the building will not divert flood flows or adversely affect drainage flows, and

the erection or use of the building will not cause soil erosion.