Penrith Local Environmental Plan 2010

The objectives of this clause are as follows—

to provide an acoustic, physical and visual buffer between industrial and residential development,

to require a built form that protects the amenity (particularly with respect to noise) of residential development at Waterside.

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

Despite any other provision of this Plan, the consent authority must not consent to development on land in Zone E4 General Industrial that is part of the land to which this clause applies unless the consent authority is satisfied that the carrying out of activities in the development will not generate any increase in existing background noise levels.

The consent authority must not consent to development on—

land in Zone R1 General Residential to which this clause applies unless the consent authority is satisfied that the noise levels outside the development will not exceed the outdoor noise level criterion shown in the following table—

land in Zone R1 General Residential that is part of the land to which this clause applies unless the consent authority is satisfied that the noise levels inside the buildings will not exceed the noise level criterion shown in the following table—

land in Zone E4 General Industrial that is part of the land to which this clause applies unless the consent authority is satisfied that the noise levels inside the buildings involved in the development will not exceed the noise level criterion shown in the following Table—

In this clause—

wind gusts exceed 15 metres per second, or

average wind speed exceeds 3 metres per second, or

it is raining.