Penrith Local Environmental Plan 2010

The objectives of this clause are—

to allow higher density development on certain land in the City Centre where the development includes community infrastructure, and

to ensure that the greater densities reflect the desired character of the localities in which they are allowed and minimise adverse impacts on those localities.

This clause applies to land identified as a key site on the Key Sites Map.

Despite clauses 4.3, 4.4 and 8.4 (5), the consent authority may consent to development on land to which this clause applies (including the erection of a new building or external alteration to an existing building) that exceeds the maximum height shown for the land on the Height of Buildings Map or the floor space ratio for the land shown on the Floor Space Ratio Map, or both, if the proposed development includes community infrastructure.

The consent authority must not consent to the erection of a building on land to which this clause applies if the floor space ratio for the building exceeds the following floor space ratio—

in relation to development on land identified as “Key Site 1”, “Key Site 2”, “Key Site 8” or “Key Site 9”—5.5:1,

in relation to development on land identified as “Key Site 3” or “Key Site 10”—6:1,

in relation to development on land identified as “Key Site 4”, “Key Site 7” or “Key Site 11”—5:1,

in relation to development on land identified as “Key Site 5”—2:1,

in relation to development on land identified as “Key Site 6”—2.5:1,

in relation to development on land identified as “Key Site 12”—6:1,

in relation to development on land identified as “Key Site 13”—6.5:1.

In deciding whether to grant development consent under this clause, the consent authority must have regard to the following—

the objectives of this clause,

whether the development exhibits design excellence,

the nature and value of the community infrastructure to the City Centre.

In this clause, community infrastructure means development for the purposes of recreation areas, recreation facilities (indoor), recreation facilities (outdoor), recreation facilities (major), public car parks or public roads.