Penrith Local Environmental Plan 2010 (Amendment No 17) (2020-760) LW 18 December 2020 (NSW)

New South Wales

Penrith Local Environmental Plan 2010

(Amendment No 17)

under the

Environmental Planning and Assessment Act 1979

The following local environmental plan is made by the local plan-making authority under the

Environmental Planning and Assessment Act 1979.

JANE GROSE

As delegate for the Minister for Planning and Public Spaces

Penrith Local Environmental Plan 2010 (Amendment No 17) [NSW]

Penrith Local Environmental Plan 2010 (Amendment No 17)

under the

Environmental Planning and Assessment Act 1979

1      Name of Plan

This Plan is Penrith Local Environmental Plan 2010 (Amendment No 17).

2      Commencement

This Plan commences on the day on which it is published on the NSW legislation website.

3      Land to which Plan applies

This Plan applies to certain land to which Penrith Local Environmental Plan 2010 applies, being land in Zone SP3 and land to which Part 9 of that Plan applies.

4      Maps

The maps adopted by Penrith Local Environmental Plan 2010 are amended or replaced, as the case requires, by the maps approved by the local plan-making authority on the making of this Plan.

Penrith Local Environmental Plan 2010 (Amendment No 17) [NSW] Schedule 1 Amendment of Penrith Local Environmental Plan 2010

Schedule 1	Amendment of Penrith Local Environmental Plan
2010

[1]      Clause 9.1 Objectives of Part

Omit “and type” from clause 9.1(b).

[2]      Clause 9.1(c)

Omit the paragraph.

[3]      Clause 9.3

Omit the clause. Insert instead—

9.3 Density of retail premises

(1)

Development consent must not be granted for development for the purpose of

retail premises unless the consent authority is satisfied that—

(a)	the total gross floor area of all buildings used for the purposes of retail premises will not exceed 12,500 square metres, and
(b)	the parts of the development used for retail premises will be integrated with other development on the land, and
(c)	the development will result in a maximum of 1 square metre of gross floor area used for retail premises for every 10 square metres of gross floor area used for other purposes.

(2)

In addition to other areas excluded by the definition of gross floor area, in this

clause the gross floor area of a building does not include the following—

(a)	space used by or for the purposes of centre management,
(b)	toilets,
(c)	space used for common storage,
(d)	terraces and balconies with outer walls less than 1.5 metres high.

[4]      Clause 9.4 Minimum lot size for outlet centres for community title schemes or strata

plan schemes

Omit the clause.

[5]      Clause 9.7

Insert after clause 9.6—

9.7 Area 5—Maximum residential density

(1)

The objective of this clause is to limit the density of residential development

for certain land to which this Part applies.

(2)

This clause applies to land identified as “Area 5” on the Height of Buildings

Map.

(3)

Despite clause 4.4, the consent authority may consent to development on land for the purposes of residential accommodation if the consent authority is satisfied that—

(a)	the total gross floor area of all buildings will not exceed 80,400 square metres, and
(b)	the land to which this clause applies is not developed for more than 850 dwellings.

Penrith Local Environmental Plan 2010 (Amendment No 17) [NSW] Schedule 1 Amendment of Penrith Local Environmental Plan 2010

[6]      Schedule 1 Additional permitted uses

Omit “at 65, 73, 83, 109 and 123–135 Mulgoa Road and Lot 1 Retreat Road” from the heading of clause 22.

Insert instead “in Zone SP3”.

[7]      Schedule 1, clause 22(1)

Omit the subclause. Insert instead—

(1)

This clause applies to land in Zone SP3 Tourist in Penrith that is identified as

“21” on the Additional Permitted Uses Map.