Penrith Local Environmental Plan 2010 (Amendment No 4) (2015-21) LW 28 January 2015 (NSW)

No judgment structure available for this case.

New South Wales

Penrith Local Environmental Plan 2010

(Amendment No 4)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the

Environmental Planning and Assessment Act 1979.

CAROLYN McNALLY

As delegate for the Minister for Planning

Penrith Local Environmental Plan 2010 (Amendment No 4)

under the

Environmental Planning and Assessment Act 1979

1 Name of Plan

This Plan is Penrith Local Environmental Plan 2010 (Amendment No 4).

2 Commencement

This Plan commences on the day that is 4 weeks after the day on which it is published on the NSW legislation website.

3 Land to which Plan applies

This Plan applies to all land to which Penrith Local Environmental Plan 2010 applies.

Schedule 1

Amendment of Penrith Local Environmental Plan

2010

[1] Clause 1.2 Aims of Plan

Omit clause 1.2 (2). Insert instead:

(2)

The particular aims of this Plan are as follows:

(a)	to provide the mechanism and planning framework for the management, orderly and economic development, and conservation of land in Penrith,
(b)	to promote development that is consistent with the Council’s vision for Penrith, namely, one of a sustainable and prosperous region with harmony of urban and rural qualities and with a strong commitment to healthy and safe communities and environmental protection and enhancement,
(c)	to accommodate and support Penrith’s future population growth by providing a diversity of housing types, in areas well located with regard to services, facilities and transport, that meet the current and emerging needs of Penrith’s communities and safeguard residential amenity,
(d)	to foster viable employment, transport, education, agricultural production and future investment opportunities and recreational activities that are suitable for the needs and skills of residents, the workforce and visitors, allowing Penrith to fulfil its role as a regional city in the Sydney Metropolitan Region,
(e)	to reinforce Penrith’s urban growth limits by allowing rural living opportunities where they will promote the intrinsic rural values and functions of Penrith’s rural lands and the social well-being of its rural communities,
(f)	to protect and enhance the environmental values and heritage of Penrith, including places of historical, aesthetic, architectural, natural, cultural, visual and Aboriginal significance,
(g)	to minimise the risk to the community in areas subject to environmental hazards, particularly flooding and bushfire, by managing development in sensitive areas,
(h)	to ensure that development incorporates the principles of sustainable development through the delivery of balanced social, economic and environmental outcomes, and that development is designed in a way that assists in reducing and adapting to the likely impacts of climate change.

[2] Clause 1.8 Repeal of planning instruments applying to land

Insert the following, in appropriate order, in the note to clause 1.8 (1):

Interim Development Order No 2—City of Penrith Interim Development Order No 9—City of Penrith Interim Development Order No 25—City of Penrith

Interim Development Order No 26—City of Penrith Interim Development Order No 27—City of Penrith Interim Development Order No 28—City of Penrith Interim Development Order No 33—City of Penrith Interim Development Order No 34—City of Penrith Interim Development Order No 35—City of Penrith Interim Development Order No 36—City of Penrith Interim Development Order No 62—City of Penrith Interim Development Order No 63—City of Penrith Interim Development Order No 64—City of Penrith Interim Development Order No 68—City of Penrith Interim Development Order No 75—City of Penrith Interim Development Order No 81—City of Penrith Interim Development Order No 82—City of Penrith Interim Development Order No 83—City of Penrith Interim Development Order No 85—City of Penrith Interim Development Order No 91—City of Penrith Interim Development Order No 98—City of Penrith Penrith City Centre Local Environmental Plan 2008 Penrith Local Environmental Plan No 43

Penrith Local Environmental Plan No 52 Penrith Local Environmental Plan No 85 Penrith Local Environmental Plan No 96 Penrith Local Environmental Plan No 150

Penrith Local Environmental Plan No 188 Penrith Local Environmental Plan No 226 Penrith Local Environmental Plan 1996—Classification of Public Land

Penrith Local Environmental Plan 1997 (Penrith City Centre)

Penrith Local Environmental Plan 1998 (Lakes Environs)

Penrith Local Environmental Plan (Caddens) 2009

Penrith Local Environmental Plan (Glenmore Park Stage 2) 2009

Penrith Local Environmental Plan (South Werrington Urban Village) 2009

Penrith Planning Scheme Ordinance

[3] Clause 2.1 Land use zones

Omit the matter under the heading Residential Zones. Insert instead:

R1 General Residential

R2 Low Density Residential

R3 Medium Density Residential

R4 High Density Residential

R5 Large Lot Residential

[4] Clause 2.1

Omit the matter under the heading Business Zones. Insert instead:

B1 Neighbourhood Centre

B2 Local Centre

B3 Commercial Core

B4 Mixed Use

B5 Business Development

B6 Enterprise Corridor

B7 Business Park

[5] Land Use Table

Insert at the end of the objectives in item 1 in the matter relating to Zone RU4 Primary

Production Small Lots:

•	To maintain the rural landscape character of the land.
•	To ensure that development does not unreasonably increase the demand for public services or facilities.

[6] Land Use Table, Zone R1

Insert before the matter relating to Zone R2 Low Density Residential:

Zone R1 General Residential

1 Objectives of zone

•	To provide for the housing needs of the community.
•	To provide for a variety of housing types and densities.
•	To enable other land uses that provide facilities or services to meet the day to day needs of residents.
•	To ensure that a high level of residential amenity is achieved and maintained.
•	To ensure that new development reflects the desired future character and dwelling densities of the area.

2 Permitted without consent

Home occupations

3 Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Child care centres; Community facilities; Dwelling houses; Emergency services facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home-based child care; Home businesses; Home industries; Hostels; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Places of public worship; Recreation areas; Residential accommodation; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Shop top housing

4 Prohibited

Rural workers’ dwellings; Any other development not specified in item 2 or 3

[7] Land Use Table, Zones R3 and R4

Insert after the matter relating to Zone R2 Low Density Residential:

Zone R3 Medium Density Residential

1 Objectives of zone

•	To provide for the housing needs of the community within a medium density residential environment.
•	To provide a variety of housing types within a medium density residential environment.
•	To enable other land uses that provide facilities or services to meet the day to day needs of residents.
•	To provide for a concentration of housing with access to services and facilities.
•	To enhance the essential character and identity of established residential areas.
•	To ensure that a high level of residential amenity is achieved and maintained.
•	To ensure that development reflects the desired future character and dwelling densities of the area.

2 Permitted without consent

Home occupations

3 Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Child care centres; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home-based child care; Home businesses; Home industries; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Places of public worship; Recreation areas; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Shop top housing

4 Prohibited

Any development not specified in item 2 or 3

Zone R4 High Density Residential

1 Objectives of zone

•	To provide for the housing needs of the community within a high density residential environment.
•	To provide a variety of housing types within a high density residential environment.
•	To enable other land uses that provide facilities or services to meet the day to day needs of residents.
•	To ensure that a high level of residential amenity is achieved and maintained.
•	To encourage the provision of affordable housing.
•	To ensure that development reflects the desired future character and dwelling densities of the area.

2 Permitted without consent

Home occupations

3 Permitted with consent

Boarding houses; Building identification signs; Business identification signs; Car parks; Child care centres; Community facilities; Emergency services facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Home-based child care; Home businesses; Information and education facilities; Neighbourhood shops; Places of public worship; Recreation areas; Recreation facilities (indoor); Residential accommodation; Respite day care centres; Roads; Shop top housing

4 Prohibited

Rural workers’ dwellings; Any other development not specified in item 2 or 3

[8] Land Use Table, Zone R5

Insert in alphabetical order in item 3:

Emergency services facilities;

[9] Land Use Table, Zone B1, Zone B2 and Zone B3

Insert before the matter relating to Zone B4 Mixed Use:

Zone B1 Neighbourhood Centre

1 Objectives of zone

•	To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.
•	To provide retail facilities for the local community commensurate with the centre’s role in the local and regional retail hierarchy.
•	To create opportunities to improve the public domain and encourage the integration of centres with public transport and pedestrian networks.
•	To ensure that development reflects the desired future character and dwelling densities of the area.

2 Permitted without consent

Home occupations

3 Permitted with consent

Boarding houses; Building identification signs; Business identification signs; Business premises; Car parks; Child care centres; Community facilities; Environmental protection works; Flood mitigation works; Food and drink premises; Health consulting rooms; Home businesses; Medical centres; Neighbourhood shops; Respite day care centres; Roads; Shop top housing

4 Prohibited

Pubs; Small bars; Any other development not specified in item 2 or 3

Zone B2 Local Centre

1 Objectives of zone

•	To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.
•	To encourage employment opportunities in accessible locations.
•	To maximise public transport patronage and encourage walking and cycling.
•	To provide retail facilities for the local community commensurate with the centre’s role in the local and regional retail hierarchy.
•	To ensure that future housing does not detract from the economic and employment functions of a centre.
•	To ensure that development reflects the desired future character and dwelling densities of the area.

2 Permitted without consent

Home occupations

3 Permitted with consent

Boarding houses; Building identification signs; Business identification signs; Car parks; Child care centres; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Flood mitigation works; Function centres; Home businesses; Home industries; Information and education facilities; Medical centres; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Service stations; Shop top housing; Tourist and visitor accommodation

4 Prohibited

Any development not specified in item 2 or 3

Zone B3 Commercial Core

1 Objectives of zone

•	To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.
•	To encourage appropriate employment opportunities in accessible locations.
•	To maximise public transport patronage and encourage walking and cycling.
•	To strengthen the role of Penrith City Centre as the business, retail and cultural centre of the region.

2 Permitted without consent

Nil

3 Permitted with consent

Amusement centres; Car parks; Child care centres; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Function centres; Helipads; Hotel or motel accommodation; Information and education facilities; Medical centres; Mortuaries; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Sex services premises; Signage; Tourist and visitor accommodation; Veterinary hospitals

4 Prohibited

Bed and breakfast accommodation; Farm stay accommodation; Any other development not specified in item 2 or 3

[10] Land Use Table, Zone B4

Insert at the end of the objectives in item 1:

•	To provide a wide range of retail, business, office, residential, community and other suitable land uses.

[11] Land Use Table, Zone B4

Omit “; Roads” from item 2.

[12] Land Use Table, Zone B4

Insert in alphabetical order in item 3:

Car parks;

Residential accommodation;

Roads;

[13] Land Use Table, Zone B4

Omit “Any development” from item 4.

Insert instead “Rural workers’ dwellings; Any other development”.

[14] Land Use Table, Zone B5, Zone B6 and Zone B7

Insert after the matter relating to Zone B4 Mixed Use:

Zone B5 Business Development

1 Objectives of zone

•	To enable a mix of business and warehouse uses, and bulky goods premises that require a large floor area, in locations that are close to, and that support the viability of, centres.
•	To maintain the economic strength of centres in Penrith by limiting the retailing of food, groceries and clothing.

2 Permitted without consent

Nil

3 Permitted with consent

Bulky goods premises; Car parks; Child care centres; Environmental protection works; Flood mitigation works; Food and drink premises; Function centres; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Industrial retail outlets; Landscaping material supplies; Light industries; Neighbourhood shops; Passenger transport facilities; Recreation areas; Recreation facilities (indoor); Respite day care centres; Roads; Self-storage units; Signage; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres

4 Prohibited

Restaurants or cafes; Any other development not specified in item 2 or 3

Zone B6 Enterprise Corridor

1 Objectives of zone

•	To promote businesses along main roads and to encourage a mix of compatible uses.
•	To provide a range of employment uses (including business, office, retail and light industrial uses).
•	To maintain the economic strength of centres by limiting retailing activity.

2 Permitted without consent

Nil

3 Permitted with consent

Business premises; Community facilities; Environmental protection works; Flood mitigation works; Food and drink premises; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Landscaping material supplies; Light industries; Neighbourhood shops; Passenger transport facilities; Plant nurseries; Recreation areas; Roads; Service stations; Signage; Timber yards; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres

4 Prohibited

Any development not specified in item 2 or 3

Zone B7 Business Park

1 Objectives of zone

•	To provide a range of office and light industrial uses.
•	To encourage employment opportunities.
•	To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
•	To provide for a range of higher order job opportunities including health, cultural and high technology industries.
•	To provide for a range of development that relates to university activities, creative and cultural industries, and business incubators.

2 Permitted without consent

Nil

3 Permitted with consent

Business premises; Car parks; Child care centres; Community facilities; Educational establishments; Environmental protection works; Flood mitigation works; Food and drink premises; Function centres; Health services facilities; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Kiosks; Light industries; Markets; Neighbourhood shops; Office premises; Passenger transport facilities; Recreation areas; Respite day care centres; Roads; Signage; Warehouse or distribution centres

4 Prohibited

Any development not specified in item 2 or 3

[15] Land Use Table, Zone IN1

Omit the last objective in item 1. Insert instead:

•	To permit facilities that serve the daily recreation and convenience needs of the people who work in the surrounding industrial area.

[16] Land Use Table, Zone IN1

Omit “Roads” from item 2. Insert instead “Nil”.

[17] Land Use Table, Zone IN1

Insert in alphabetical order in item 3:

Boat building and repair facilities;

Kiosks;

Roads;

Rural industries;

Storage premises;

[18] Land Use Table, Zone IN1

Omit “Sawmill or log processing works;” from item 3.

[19] Land Use Table, Zone IN2

Insert at the end of the objectives in item 1:

•	To limit the impact of industrial development on adjacent residential areas, in terms of its built form, scale, acoustic and visual privacy and air quality.

[20] Land Use Table, Zone IN2

Omit “Roads” from item 2. Insert instead “Nil”.

[21] Land Use Table, Zone IN2

Insert in alphabetical order in item 3:

Kiosks; Roads; Take away food and drink premises;

[22] Land Use Table, Zone SP1

Insert “; Roads” after “that purpose” in item 3.

[23] Land Use Table, Zone SP2

Insert “Flood mitigation works;” after “works;” in item 3.

[24] Land Use Table, Zone SP3

Omit the following from item 3:

Advertising structures;

Building identification signs;

Business identification signs;

[25] Land Use Table, Zone SP3

Insert in alphabetical order in item 3:

Kiosks;

Markets;

Neighbourhood shops;

Signage;

[26] Land Use Table, Zone RE1

Insert at the end of the objectives in item 1:

•	To ensure that development is secondary and complementary to the use of land as public open space, and enhances public use, and access to, the open space.
•	To provide land for the development of services and facilities by public authorities for the benefit of the community.

[27] Land Use Table, Zone RE1

Insert in alphabetical order in item 3:

Car parks;

Child care centres;

Flood mitigation works;

Function centres;

Public administration buildings;

Respite day care centres;

Restaurants or cafes;

; Water storage facilities

[28] Land Use Table, Zone RE2

Insert in alphabetical order in item 3:

Caravan parks;

Child care centres;

Function centres;

Hotel or motel accommodation;

Information and education facilities;

Registered clubs;

Respite day care centres;

[29] Land Use Table, Zone E3

Insert in alphabetical order in item 3:

Cellar door premises; Eco-tourist facilities; Home industries;

Roadside stalls;

[30] Land Use Table, Zone E4

Insert “Home industries;” in alphabetical order in item 3.

[31] Land Use Table, Zone W2

Omit “Moorings;” from item 3.

[32] Clause 4.1 Minimum subdivision lot size

Insert after clause 4.1 (4):

(4A)

Despite subclause (3), development consent must not be granted for the subdivision of land in Zone R2 Low Density Residential unless each lot to be created by the subdivision would have:

(a)	if it is a standard lot—a minimum width of 15 metres, or
(b)	if it is a battle-axe lot—a minimum width of 15 metres and a minimum area of 650 square metres.

(4B)

Despite subclause (3), development consent must not be granted for the subdivision of land in Zone R3 Medium Density Residential unless each lot to be created by the subdivision would have:

(a)	if it is a standard lot—a minimum width of 12 metres, or
(b)	if it is a battle-axe lot—a minimum width of 15 metres and a minimum area of 450 square metres.

(4C)

For the purposes of this clause, if a lot is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size.

[33] Clause 4.1A

Omit the clause. Insert instead:

4.1A

Minimum lot sizes for dual occupancies, multi dwelling housing and

residential flat buildings

(1)

The objective of this clause is to achieve planned residential density in certain

zones.

(2)

Development consent may be granted to development on a lot in a zone shown in Column 2 of the Table to this clause for a purpose shown in Column 1 of the Table opposite that zone, if the area of the lot is equal to or greater than the area specified for that purpose and shown in Column 3 of the Table.

Column 1	Column 2	Column 3
Dual occupancy (attached)	Zone R2 Low Density	650 square metres
Residential
Dual occupancy (attached)	Zone R3 Medium Density	550 square metres for a
Residential	standard lot
Dual occupancy (attached)	Zone R3 Medium Density	600 square metres for a
Residential	battle-axe lot
Dual occupancy	Zone R2 Low Density	750 square metres
(detached)	Residential
Dual occupancy	Zone R3 Medium Density	650 square metres for a
(detached)	Residential	standard lot
Dual occupancy	Zone R3 Medium Density	700 square metres for a
(detached)	Residential	battle-axe lot
Multi dwelling housing	Zone R3 Medium Density	800 square metres for a
Residential; Zone R4 High	standard lot
Density Residential
Multi dwelling housing	Zone R3 Medium Density	900 square metres for a
Residential; Zone R4 High	battle-axe lot
Density Residential
Residential flat building	Zone R4 High Density	800 square metres for a
Residential	standard lot
Residential flat building	Zone R4 High Density	900 square metres for a
Residential	battle-axe lot

(3)	Despite any other provision of this Plan, the consent authority must not grant development consent to a dual occupancy on a battle-axe lot on land in Zone R2 Low Density Residential.

[34] Clause 4.1AB

Insert after clause 4.1AA:

4.1AB

Minimum subdivision lot size for strata plan schemes in certain rural,

residential and environment protection zones

(1) The objectives of this clause are as follows:

(a)	to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements,
(b)	to ensure that subdivisions under strata plan schemes maintain minimum lot sizes,
(c)	to ensure that lot sizes are compatible with the environmental capabilities of the land, and the character and density of development in the area,
(d)	to ensure that lot sizes and dimensions allow development to be sited to protect natural or cultural features and to have a minimal impact on the amenity of neighbouring properties.

(2)

This clause applies to land in the following zones that is used, or is proposed to be used, for residential accommodation or tourist and visitor accommodation:

(a)	Zone RU1 Primary Production,
(b)	Zone RU2 Rural Landscape,
(c)	Zone RU4 Primary Production Small Lots,
(d)	Zone RU5 Village,
(e)	Zone R5 Large Lot Residential,
(f)	Zone E2 Environmental Conservation,
(g)	Zone E3 Environmental Management,
(h)	Zone E4 Environmental Living.

(3)

The size of any lot resulting from a subdivision of land to which this clause applies for a strata plan scheme (other than any lot comprising common property within the meaning of the Strata Schemes (Freehold Development) Act 1973 or Strata Schemes (Leasehold Development) Act 1986) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

Note. Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that strata subdivision of a building in certain circumstances is specified complying development.

[35] Clause 4.2A

Insert after clause 4.2:

4.2A

Residential development and subdivision prohibited in certain rural,

residential and environment protection zones

(1)

The objective of this clause is to prohibit development that is residential

accommodation on a lot resulting from the closure of a road.

(2)

This clause applies to land in the following zones:

(a)	Zone RU1 Primary Production,
(b)	Zone RU2 Rural Landscape,
(c)	Zone RU4 Primary Production Small Lots,
(d)	Zone RU5 Village,
(e)	Zone R5 Large Lot Residential,
(f)	Zone E3 Environmental Management,
(g)	Zone E4 Environmental Living.

(3)	Development consent must not be granted for the erection of a dwelling house on a lot resulting from the closure of part or all of a road, whether before or after the commencement of this Plan.
(4)	Subclause (3) does not apply to a lot created by the consolidation of a lot resulting from a road closure with an adjoining lot that did not result from the closure of a road.

[36] Clause 4.3 Height of buildings

Omit clause 4.3 (1) (c) and (d). Insert instead:

(c)	to minimise the adverse impact of development on heritage items, heritage conservation areas and areas of scenic or visual importance,
(d)	to nominate heights that will provide a high quality urban form for all buildings and a transition in built form and land use intensity.

[37] Clause 4.4 Floor space ratio

Insert after clause 4.4 (1) (c):

(d)	to provide sufficient floor space for high quality development.

[38] Clause 4.6 Exceptions to development standards

Omit clause 4.6 (8) (ca). Insert instead:

(ca)	clause 6.1, 6.2, 6.6, 6.7, 6.16, 7.7, 7.17, 7.21 or Part 9.

[39] Clause 5.4 Controls relating to miscellaneous permissible uses

Omit “33%” from clause 5.4 (4) (a). Insert instead “25%”.

[40] Clause 5.4 (9) (b)

Omit “11%”. Insert instead “10%”.

[41] Clause 5.6 Architectural roof features

Omit “height” from clause 5.6 (1) (b). Insert instead “heights”.

[42] Clause 5.13

Omit the clause. Insert instead:

5.13

Eco-tourist facilities

(1)

The objectives of this clause are as follows:

(a)	to maintain the environmental and cultural values of land on which development for the purposes of eco-tourist facilities is carried out,
(b)	to provide for sensitively designed and managed eco-tourist facilities that have minimal impact on the environment both on and off-site.

(2)

This clause applies if development for the purposes of an eco-tourist facility is

permitted with development consent under this Plan.

(3)

The consent authority must not grant consent under this Plan to carry out development for the purposes of an eco-tourist facility unless the consent authority is satisfied that:

(a)	there is a demonstrated connection between the development and the ecological, environmental and cultural values of the site or area, and
(b)	the development will be located, constructed, managed and maintained so as to minimise any impact on, and to conserve, the natural environment, and
(c)	the development will enhance an appreciation of the environmental and cultural values of the site or area, and
(d)	the development will promote positive environmental outcomes and any impact on watercourses, soil quality, heritage and native flora and fauna will be minimal, and
(e)	the site will be maintained (or regenerated where necessary) to ensure the continued protection of natural resources and enhancement of the natural environment, and
(f)	waste generation during construction and operation will be avoided and that any waste will be appropriately removed, and
(g)	the development will be located to avoid visibility above ridgelines and against escarpments and from watercourses and that any visual intrusion will be minimised through the choice of design, colours, materials and landscaping with local native flora, and
(h)	any infrastructure services to the site will be provided without significant modification to the environment, and
(i)	any power and water to the site will, where possible, be provided through the use of passive heating and cooling, renewable energy sources and water efficient design, and
(j)	the development will not adversely affect the agricultural productivity of adjoining land, and
(k)	the following matters are addressed or provided for in a management strategy for minimising any impact on the natural environment:

(i) measures to remove any threat of serious or irreversible environmental damage,

(ii) the maintenance (or regeneration where necessary) of habitats,

(iii) efficient and minimal energy and water use and waste output,

(iv) mechanisms for monitoring and reviewing the effect of the development on the natural environment,

(v) maintaining improvements on an on-going basis in accordance with relevant ISO 14000 standards relating to management and quality control.

[43] Parts 6–9

Omit Part 6. Insert instead:

Part 6

Urban release areas

6.1

Arrangements for designated State public infrastructure

(1)

The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.

(2)

Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.

(3)

Subclause (2) does not apply to:

(a)	any lot identified in the certificate as a residue lot, or
(b)	any lot to be created by a subdivision of land that was the subject of a previous development consent granted in accordance with this clause, or
(c)	any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or
(d)	a subdivision for the purpose only of rectifying an encroachment on any existing lot.

(4)

This clause does not apply to land in an urban release area if all or any part of the land is in a special contributions area (as defined by section 93C of the Act).

6.2

Public utility infrastructure

(1)	Development consent must not be granted for development on land in an urban release area unless the Council is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when it is required.
(2)	This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.

6.3

Development control plan

(1)	The objective of this clause is to ensure that development on land in an urban release area occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land.
(2)	Development consent must not be granted for development on land in an urban release area unless a development control plan that provides for the matters specified in subclause (3) has been prepared for the land.
(3)	The development control plan must provide for all of the following:

(a)	a staging plan for the timely and efficient release of urban land, making provision for necessary infrastructure and sequencing,
(b)	an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,
(c)	an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,
(d)	a network of active and passive recreation areas,
(e)	stormwater and water quality management controls,
(f)	amelioration of natural and environmental hazards, including bush fire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,
(g)	detailed urban design controls for significant development sites,
(h)	measures to encourage higher density living around transport, open space and service nodes,

(i) measures to accommodate and control appropriate neighbourhood commercial and retail uses,

(j)	suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.

(4)

Subclause (2) does not apply to development for any of the following

purposes:

(a)	a subdivision for the purpose of a realignment of boundaries that does not create additional lots,
(b)	a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environment protection purpose,
(c)	a subdivision of land in a zone in which the erection of structures is prohibited,
(d)	development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone in which the land is situated.

6.4

Relationship between Part and remainder of Plan

A provision of this Part prevails over any other provision of this Plan to the extent of any inconsistency.

Part 7

Additional local provisions

7.1

Earthworks

(1)	The objectives of this clause are as follows:

(a)	to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land,
(b)	to allow earthworks of a minor nature without separate development consent.

(2)

Development consent is required for earthworks unless:

(a)	the work is exempt development under this Plan or another applicable environmental planning instrument, or
(b)	the work is ancillary to other development for which development consent has been given.

(3)

Before granting development consent for earthworks, the consent authority

must consider the following matters:

(a)	the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality,
(b)	the effect of the proposed development on the likely future use or redevelopment of the land,
(c)	the quality of the fill or the soil to be excavated, or both,
(d)	the effect of the proposed development on the existing and likely amenity of adjoining properties,
(e)	the source of any fill material and the destination of any excavated material,
(f)	the likelihood of disturbing relics,
(g)	the proximity to and potential for adverse impacts on any waterway, drinking water catchment or environmentally sensitive area,
(h)	any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development,
(i)	the proximity to and potential for adverse impacts on any heritage item, archaeological site, or heritage conservation area.

disturbing or excavating land and Aboriginal objects.

Note 1. The National Parks and Wildlife Act 1974, particularly section 86, deals with (No 2—1997) requires development consent for the “Filling of land, including submerged aquatic land, by raising the ground level through disposal of spoil from any landfill method (such as mining, dredging or refuse dumping), whether or not to enable the construction of a road or the erection of buildings or pylons or any other structure, where filling exceeds 1 metre in depth, or an area of 100 square metres”.

7.2

Flood planning

(1)	The objectives of this clause are as follows:

(a)	to minimise the flood risk to life and property associated with the use of the land,
(b)	to limit uses to those compatible with flow conveyance function and flood hazard,
(c)	to manage uses to be compatible with flood risks,
(d)	to enable safe and effective evacuation of land,
(e)	to ensure the existing flood regime and flow conveyance capacity is not compromised,
(f)	to avoid detrimental effects on the environment that would cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or waterways.

(2)

This clause applies to the following land:

(a)	land at or below the flood planning level,
(b)	land identified as “Flood planning land” on the Clause Application Map.

(3)

Development consent is required for any development on land to which this

clause applies.

(4)

Development consent must not be granted for development on land that is at or below the flood planning level unless the consent authority is satisfied that the development:

(a)	is compatible with the flood hazard of the land, and
(b)	if located in a floodway, is compatible with the flow conveyance function of the floodway and the flood hazard within the floodway, and
(c)	is not likely to adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and
(d)	is not likely to significantly alter flow distributions and velocities to the detriment of other properties or the environment, and
(e)	is not likely to adversely affect the safe and effective evacuation of the land and the surrounding area, and
(f)	is not likely to significantly detrimentally affect the environment or cause avoidable erosion, destruction of riparian vegetation or affect the restoration and establishment of riparian vegetation, or a reduction in the stability of river banks or waterways, and
(g)	is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding, and
(h)	incorporates appropriate measures to manage risk to life from flood, and
(i)	is consistent with any relevant floodplain risk management plan.

(5)

Development consent must not be granted for development on land identified as “Flood planning land” on the Clause Application Map, unless the consent authority is satisfied that the development will not adversely affect the safe and effective evacuation of the land and the surrounding area.

(6)

A word or expression used in this clause has the same meaning as it has in the NSW Government’s Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government in April 2005, unless it is otherwise defined in this clause.

(7)

In this clause:

flood planning level means the level of a 1:100 ARI (average recurrence

interval) flood event plus 0.5 metres freeboard.

7.3

Development on natural resources sensitive land

(1)	The objectives of this clause are as follows:

(a)	to protect, enhance and manage the ecological, hydrological, scientific, cultural and aesthetic values of biodiversity and wildlife habitat corridors, natural waterways and riparian land,
(b)	to enhance connections between remnants of indigenous vegetation,
(c)	to prevent the fragmentation and degradation of remnant vegetation,
(d)	to ensure that clearing and other development is located and designed to avoid or minimise the impact on the ecological, hydrological, scientific, cultural and aesthetic values of biodiversity and wildlife habitat corridors, natural waterways and riparian land.

(2)

This clause applies to all land identified as “Natural resources sensitive land”

on the Natural Resources Sensitivity Land Map.

(3)

Development consent is required for the following on land to which this clause

applies:

(a)	the subdivision of land,
(b)	earthworks (including removal of rock or other natural material or alteration of a natural waterway or drainage line),
(c)	the carrying out of a work,
(d)	clearing vegetation (including slashing or underscrubbing),
(e)	irrigation with treated effluent.

(4)

Before deciding an application to carry out development mentioned in subclause (3), the consent authority must consider whether the development meets the objectives of this clause and such of the following as are relevant:

(a)	the condition and significance of the vegetation on the land and whether it should be substantially retained in that location,
(b)	the importance of the vegetation in that particular location to native fauna,
(c)	the strategic importance of the land as part of a biodiversity corridor,
(d)	the sensitivity of the land and the effect of clearing vegetation,
(e)	the relative stability of the bed and banks of any waterway that may be affected by the development, whether on the site, upstream or downstream,
(f)	the effect of the development on waterway health, including pollution of the waterway, a significant increase or decrease in the amount or velocity of runoff entering the waterway, or a significant increase in siltation of the waterway,
(g)	the effect of the development on the functions of aquatic ecosystems (such as habitat and connectivity).

(5)

Development consent must not be granted to development mentioned in

subclause (3) unless the consent authority is satisfied that:

(a)	the development is designed and will be located and managed to avoid any potential adverse environmental impact, or
(b)	if a potential adverse environmental impact cannot be avoided, the development:

(i) is designed and located so as to have minimum adverse impact, and

(ii) incorporates effective measures to remedy or mitigate any adverse impact caused.

7.4

Sustainable development

In deciding whether to grant development consent for development, the consent authority must have regard to the principles of sustainable development as they relate to the development based on a “whole of building” approach by considering each of the following:

(a)	conserving energy and reducing carbon dioxide emissions,
(b)	embodied energy in materials and building processes,
(c)	building design and orientation,
(d)	passive solar design and day lighting,
(e)	natural ventilation,
(f)	energy efficiency and conservation,
(g)	water conservation and water reuse,
(h)	waste minimisation and recycling,

(i) reduction of vehicle dependence,

(j)	potential for adaptive reuse.

7.5

Protection of scenic character and landscape values

(1)	The objectives of this clause are as follows:

(a)	to identify and protect areas that have particular scenic value either from major roads, identified heritage items or other public places,
(b)	to ensure development in these areas is located and designed to minimise its visual impact.

(2)

This clause applies to land identified as “Land with scenic and landscape

values” on the Scenic and Landscape Values Map.

(3)

Development consent must not be granted for any development on land to which this clause applies unless the consent authority is satisfied that measures will be taken, including in relation to the location and design of the development, to minimise the visual impact of the development from major roads and other public places.

7.6

Salinity

(1)	The objectives of this clause are as follows:

(a)	to protect natural hydrological systems by minimising soil disturbance and ensuring appropriate land use management,
(b)	to avoid the adverse effects of rising salinity on land, including damage to infrastructure and buildings, loss of productive agricultural land and other adverse environmental effects.

(2)

Development consent must not be granted to any development unless the

consent authority has considered:

(a)	whether or not the proposed development is likely to have an impact on salinity processes, and
(b)	whether or not salinity is likely to have an impact on the proposed development, and
(c)	appropriate measures that can be taken to avoid or reduce any undesirable effects that may result from the impacts referred to in paragraphs (a) and (b).

7.7

Servicing

(1)

The objective of this clause is to ensure that development of land to which this

Plan applies reflects the availability of services.

(2)

Before granting development consent for development on any land to which

this Plan applies, the consent authority must be satisfied that:

(a)	the development will be connected to a reticulated water supply, if required by the consent authority, and
(b)	the development will have adequate facilities for the removal and disposal of sewage, and
(c)	if the development is for seniors housing, the development can be connected to a reticulated sewerage system, and

(d) the need for public amenities or public services has been or will be met. Subclause (4) applies to land in Zone RU5 Village or Zone R5 Large Lot Residential that is not connected to a reticulated sewerage system provided by Sydney Water or licensed by the Council or the Environment Protection Authority.

(3)

(4)	Development consent must not be granted to a subdivision of land referred to in subclause (3) unless each resulting lot will have an area of at least 1 hectare.

7.8

Active street frontages

(1)	The objective of this clause is to promote uses that attract pedestrian traffic along certain ground floor street frontages in Zone B3 Commercial Core and Zone B4 Mixed Use.
(2)	This clause applies to land identified as “Active Street Frontage” on the Active Street Frontages Map.
(3)	Development consent must not be granted to the erection of a building, or a change of use of a building, on land to which this clause applies unless the consent authority is satisfied that the building will have an active street frontage after its erection or change of use.
(4)	Despite subclause (3), an active street frontage is not required for any part of a building that is used for any of the following:

(a)	entrances and lobbies (including as part of mixed use development),
(b)	access for fire services,
(c)	vehicular access.

(5)	In this clause, a building has an *active street frontage* if all premises on the ground floor of the building facing the street are used for the purposes of business premises or retail premises.

7.9

Development of land in the flight paths of the site reserved for the proposed

Second Sydney Airport

(1)	The objective of this clause is to ensure that development in the vicinity of the proposed Badgery’s Creek airport site:

(a)	has regard to the use or potential future use of the site as an airport, and
(b)	does not hinder or have any other adverse impact on the development or operation of an airport on that site.

(2)

This clause applies to development that:

(a)	is on land that:

(i) is near the proposed Badgery’s Creek airport site, and

(ii) is in an ANEF contour of 20 or greater, and

(b)	the consent authority considers is likely to be adversely affected by aircraft noise.

(3)

Before determining a development application for development to which this

clause applies, the consent authority:

(a)	must consider whether the development will result in an increase in the number of dwellings or people affected by aircraft noise, and
(b)	must consider the location of the development in relation to the criteria set out in Table 2.1 (Building Site Acceptability Based on ANEF Zones) in AS 2021—2000, and
(c)	must be satisfied that the development will meet AS 2021—2000 with respect to interior noise levels for the purposes of:

(i) if the development will be in an ANEF contour of 20 or greater— child care centres, educational establishments, entertainment facilities, hospitals, places of public worship, public administration buildings or residential accommodation, and

(ii) if the development will be in an ANEF contour of 25 or greater— commercial premises, hostels or hotel or motel accommodation.

(4)

In this clause:

ANEF contour means a noise exposure contour shown as an ANEF contour

on the map in Appendix U of the draft environmental impact statement for the

Second Sydney Airport, copies of which are deposited in the office of the

Council and of the Commonwealth Department of Infrastructure, Transport,

Regional Development and Local Government.

AS 2021—2000 means AS 2021—2000, Acoustics—Aircraft noise

intrusion—Building siting and construction.

7.10

Dual occupancies and secondary dwellings in certain rural and environmental

zones

(1)

The objective of this clause is to ensure that effluent generated by dual occupancies or secondary dwellings is managed on site to protect waterways and the amenity of adjoining lots.

(2)

This clause applies to land in the following zones that is not connected to a

sewage reticulation system:

(a)	Zone RU1 Primary Production,
(b)	Zone RU2 Rural Landscape,
(c)	Zone RU4 Primary Production Small Lots,
(d)	Zone E3 Environmental Management,
(e)	Zone E4 Environmental Living.

(3)	Development consent must not be granted for a dual occupancy on a lot to which this clause applies unless the lot has an area of at least 2 hectares.
(4)	Development consent must not be granted for a secondary dwelling on a lot to which this clause applies unless the lot has an area of at least 2 hectares or it can be demonstrated that the existing on-site effluent disposal system has sufficient capacity for the secondary dwelling.
(5)	Development consent must not be granted for the erection of more than 2 dwellings on a lot to which this clause applies.
(6)	Development consent must not be granted for the subdivision of a dual occupancy on a lot to which this clause applies into a strata, company or community title.

7.11

Penrith Health and Education Precinct

(1)	The objectives of this clause are as follows:

(a)	to encourage a built form that is suitable for both residential and health services facilities,
(b)	to encourage adaptive reuse of residential buildings for health services facilities in the Penrith Health and Education Precinct where the residential use within the building ceases in the future.

(2)

This clause applies to land identified as “Penrith Health and Education

Precinct” on the Clause Application Map.

(3)

Despite clause 4.3, development consent may be granted to development on land that exceeds the maximum height shown for that land on the Height of Buildings Map by up to 20% if the floor to ceiling height of both the ground and first floors are equal to or greater than 3.5 metres.

7.12

Maximum gross floor area of commercial premises

(1)	The objective of this clause is to retain the existing hierarchy of Penrith’s local commercial centres by imposing size limitations on certain commercial premises.
(2)	Development consent must not be granted to development for the purposes of commercial premises on any land specified in Column 1 of the table to this subclause unless the consent authority is satisfied that the total gross floor area of all buildings used for commercial premises will not exceed the gross floor area specified opposite that land in Column 2.

Column 1	Column 2
Land	Maximum GFA
31 Moore Street, St Clair, being Lot 41, DP 610847	650 square metres
37 Cook Parade, St Clair, being Lots 671 and 672,	650 square metres
DP 739138
46–66 O’Connell Street, Caddens, being Lot 3,	10,000 square metres
DP 1103503 and 14 Great Western Highway, Caddens, being Lot 14, DP 850402
182–186 Sunflower Drive, Claremont Meadows,	650 square metres
being Lot 3202, DP 813518
180–190 Swallow Drive, Erskine Park, being Lot 100,	6,000 square metres
DP 1134907
11 Caloola Avenue, Penrith, being Lot 1, DP 530855	3,000 square metres
and 35 and 41 Kareela Avenue, Penrith, being Lots 1–3, DP 530855
9 Birmingham Road, South Penrith, being Lot 12,	6,150 square metres
DP 1120280
21 Lavin Crescent, Werrington County, being Lot 21,	500 square metres
DP 1085064 and 201 Dunheved Road, Werrington County, being Lot 201, DP 627088

(3)

In this clause, the gross floor area of a building excludes the following:

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

7.13

Exhibition homes limited to 2 years

Despite any other provision of this Plan, development consent for the purposes of an exhibition home may only be granted for a maximum period of 2 years.

7.14

Cherrywood Village

(1)	The objectives of this clause are as follows:

(a)	to allow development for the purpose of health services facilities and seniors housing on the land to which this clause applies,
(b)	to protect and enhance the biodiversity values of that land by encouraging the conservation and rehabilitation of native flora and fauna.

(2)

This clause applies to land identified as “Cherrywood Village” on the Clause

Application Map.

(3)

Despite any other provision of this Plan, development consent may be granted to development on land in Zone RU4 Primary Production Small Lots that is part of the land to which this clause applies for the purpose of:

(a)	health services facilities and seniors housing, and
(b)	the following development, if that development is ancillary to and supports the main use of the land for health services facilities and seniors housing:

(i) child care centres,

(ii) food and drink premises,

(iii) neighbourhood shops,

(iv) hotel or motel accommodation.

(4)

Development consent must not be granted to development on the land to which this clause applies unless a vegetation management plan has been prepared to the satisfaction of the consent authority for the ongoing management of native flora and fauna on that part of the land to which this clause applies that is in Zone E2 Environmental Conservation and on that part of the land to which this clause applies that is identified as “Natural Resources Sensitive Land” on the Natural Resources Sensitivity Land Map.

(5)

In this clause:

vegetation management plan means a plan that specifies a program of action

for the management of land, its ecosystems and native vegetation.

7.15

Claremont Meadows

(1)

This clause applies to land identified as “Claremont Meadows” on the Clause

Application Map.

(2)

The objectives of this clause are as follows:

(a)	to ensure a high level of pedestrian amenity and good pedestrian linkages within the land and between the land and the existing land forming Claremont Meadows estate, surrounding development and natural areas,
(b)	to permit a diverse housing mix that provides a wide range of dwelling types and choice,
(c)	to allow for multiple lot sizes that promote higher density around open space,
(d)	to ensure that housing located in the vicinity of a major road takes account of the constraints imposed by noise and visual impact.

(3)

Development consent must not be granted for development on land to which this clause applies unless the consent authority has taken the following matters into consideration:

(a)	any measures that are proposed to promote pedestrian amenity, including provision of pathways and cycleways within the land, and to and from surrounding development,
(b)	any measures that are proposed to ensure an appropriate architectural presentation of development to the Gipps Street and Caddens Road frontages, avoiding high fences or walls so that dwellings have a high level of visual amenity and presentation,
(c)	for development within 100 metres of the M4 Motorway road reserve, any measures that are proposed:

(i) to protect the viewscape into the subject land when viewed from the M4 Motorway from both the east and the west, so that residential development is not prominent, and

(ii) to provide a vegetated corridor on those lots that adjoin the M4 Motorway reserve, linking Claremont Creek to the South Creek Corridor, and

(iii) to provide a minimum setback of 20 metres from the M4 Motorway reserve to any dwelling or substantial structure.

(4)

Despite any other provision of this Plan, development consent may be granted to the subdivision of land in Zone R2 Low Density Residential with each lot having a minimum area of 250 square metres, if:

(a)	all lots will be directly opposite an area of public open space, not including land in Zone E2 Environmental Conservation, of at least 2,500 square metres, and
(b)	the minimum landscaped area for any such lots will be 40% of the lot area, and
(c)	the subdivision will not result in any battle-axe lots, and
(d)	the subdivision will not result in dual occupancy development other than on a corner lot.

(5)

Subject to subclause (6), a person must not carry out development on land that adjoins the Werrington Arterial Road corridor unless vehicular access to the land from that road is made by way of another road that is not a classified road.

(6)

If, but for subclause (5), development may be carried out, the consent authority may, in relation to that development, allow permanent vehicular access to the Werrington Arterial Road, if, in the opinion of the consent authority, alternative access to that development is neither practicable nor provided by another road or a proposed road identified in the relevant development control plan.

7.16

Glenmore Park Stage 2

(1)	The objectives of this clause are as follows:

(a)	to provide for a transition of lot sizes between the urban areas of Glenmore Park and the surrounding rural landscape and adjoining Mulgoa Nature Reserve,
(b)	to restrict the maximum dwelling yield for certain land,
(c)	to ensure existing extractive industries have ceased on land and that the land has been adequately rehabilitated for urban development.

(2)

This clause applies to land identified as “Glenmore Park Stage 2” on the

Clause Application Map.

(3)

Land identified as “Area 4” on the Lot Size Map, being part of the land to which this clause applies, must not be developed for more than 90 dwellings.

(4)

Land identified as “Area 5” on the Lot Size Map, being part of the land to which this clause applies, must not be developed for more than 160 dwellings.

(5)

Despite any other provision of this Plan, development consent must not be granted for development on any of the land identified as “Glenmore Park Stage 2” on the Clause Application Map unless the consent authority is satisfied that:

(a)	extractive activities on the land have permanently ceased, and
(b)	the land has been adequately rehabilitated for the purpose of urban development.

(6)

Development consent may be granted for a purpose shown in Column 1 of the table to this subclause, on a lot to which this clause applies, if the area of the lot is equal to or greater than the area shown opposite in Column 2 of that table.

Column 1	Column 2
Dual occupancy (attached)	650 square metres
Dual occupancy (detached)	750 square metres
Multi dwelling housing or a residential	For a standard lot—800 square metres

flat building

Multi dwelling housing or a residential

For a battle-axe lot—900 square metres

flat building

(7)

Despite any other provision of this Plan and subject to subclause (8), the height of a type of dwelling specified in Column 2 of the table to this subclause, on land in an area specified opposite that dwelling in Column 1 of that table and identified on the Height of Buildings Map must not exceed the height specified opposite in Column 3 of that table.

Column 1	Column 2	Column 3
Area 1 and Area 2	Dwelling houses and dual occupancies	10 metres
Area 1 and Area 2	Dwelling houses and dual occupancies	12.5 metres

on a slope greater than 1 in 8

Area 3	Residential flat buildings	15 metres
Area 3	Multi dwelling housing	10 metres
Area 3	Dwelling houses and dual occupancies	12.5 metres
on land in Zone B2 Local Centre
Area 3	Dwelling houses and dual occupancies	12.5 metres
on a slope greater than 1 in 8
Area 3	Shop top housing	15 metres

(8)	Development consent under subclause (7) may only be granted to a building of a height that the consent authority is satisfied would not have an adverse impact on views to or from The Northern Road.

7.17

Dwelling houses on certain land in Castlereagh, Cranebrook, Llandilo,

Londonderry, Kemps Creek and Mulgoa

(1)	The objective of this clause is to ensure that minimum lot sizes are retained or achieved through lot consolidation for dwelling houses on certain land in Castlereagh, Cranebrook, Llandilo, Londonderry, Kemps Creek and Mulgoa consistent with surrounding lot sizes.
(2)	This clause applies to land identified as “2,000m2 for Dwelling House”, “2 Hectares for Dwelling House” and “10 Hectares for Dwelling House” on the Clause Application Map.
(3)	Development consent must not be granted for the erection of a dwelling house on land identified as “2,000m2 for Dwelling House” on the Clause Application Map unless the land has an area of at least 2,000 square metres.
(4)	Development consent must not be granted for the erection of a dwelling house on land identified as “2 Hectares for Dwelling House” on the Clause Application Map unless the land has an area of at least 2 hectares or comprises any of the following lots:

(a)	Lot 319, DP 2147, being 319 Eighth Avenue, Llandilo,
(b)	Lot 2, DP 593786, being 2 Fifth Avenue, Llandilo (subject to the provision of permanent vehicular access to the land),
(c)	Lot 25, DP 2147, being 24 Fourth Avenue, Llandilo,
(d)	Lot 38A, DP 2147, being 38A Fourth Avenue, Llandilo,
(e)	Lot 342, DP 707626, being 34 Fourth Avenue, Llandilo,
(f)	Lot 187, DP 2147, being 187 Sixth Avenue, Llandilo.

(5)	Development consent must not be granted for the erection of a dwelling house on land identified as “10 Hectares for Dwelling House” on the Clause Application Map unless the land has an area of at least 10 hectares.
(6)	If 2 or more lots need to be consolidated to achieve a minimum area under subclause (3), (4) or (5), a consolidation plan must be lodged before or at the time of applying for development consent for the construction of a dwelling house on that land.

7.18

Mulgoa Valley

(1)	The objectives of this clause are as follows:

(a)	to establish specific planning controls for land in the Mulgoa Valley (*the valley*),
(b)	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,
(c)	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,
(d)	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.

(2)

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

Application Map.

(3)

Before granting development consent for any purpose on land to which this

clause applies, the consent authority must be satisfied of the following:

(a)	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,
(b)	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,
(c)	that the proposed form and siting of buildings, colours, landscaping and building materials are appropriate for the rural character of the valley,
(d)	that the proposed development will not detract from the “Vistas of heritage items” specified on the Scenic and Landscape Values Map,
(e)	that extensive areas of vegetation will not be cleared for the proposed development,
(f)	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,
(g)	that the agricultural viability of holdings and potential of the land will not be adversely affected,
(h)	that Aboriginal and non-Aboriginal cultural heritage resources on the land will not be adversely affected,
(i)	that the view from Mulgoa Road and the rural setting of the villages of Mulgoa and Wallacia will not be adversely affected,
(j)	that the safety and efficiency of Mulgoa Road will not be adversely affected,
(k)	that any upgrading required to maintain safety and efficiency will not detract from the present rural character of Mulgoa Road.

(4)

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.

7.19

Villages of Mulgoa and Wallacia

(1)	The objectives of this clause are as follows:

(a)	to establish specific planning controls for land in the villages of Mulgoa and Wallacia,
(b)	to protect residential amenity by prescribing minimum dimensions for dual occupancy and the creation of new lots through subdivision.

(2)

This clause applies to land in the villages of Mulgoa and Wallacia, identified

as “Mulgoa Wallacia Villages” on the Clause Application Map.

(3)

Despite any other provision of this Plan, development consent must not be granted for dual occupancy on land to which this clause applies unless the lot on which the development is to be constructed would have the minimum standards set out in the following Table:

Zone	Minimum standards
Any land not connected	Minimum lot size—2 hectares
to a reticulated sewer	Minimum lot width—30 metres

(regardless of zone)

Land in Zone RU5	Minimum area (attached dwellings)—650 square metres
Village	Minimum width (attached dwellings)—15 metres Minimum area (detached dwellings)—750 square metres Minimum width (detached dwellings)—15 metres
Land in Zone R5 Large	Minimum lot size—4000 square metres
Lot Residential	Minimum width—30 metres
Land in Zone E4	Minimum lot size—2 hectares
Environmental Living	Minimum lot width—30 metres

(4)

Despite any other provision of this Plan, development consent must not be granted for the subdivision of land to which this clause applies unless all the lots to be created by the subdivision would have the minimum standards set out in the following Table:

Zone	Minimum area and dimensions
Land in Zone RU5 Village	Standard lot:

(identified as Area 1 on the

Lot Size Map)

Minimum area—550 square metres

Minimum width—15 metres

Minimum depth—30 metres

Battle axe lot:

Minimum area—650 square metres

Minimum width—18 metres

Minimum depth—30 metres

Land in Zone RU5 Village

Maximum density—1 lot per 2000 square metres

(identified as Area 2 on the

Standard lot:

Lot Size Map)

Minimum area—550 square metres

Minimum width—15 metres

Minimum depth—30 metres

Battle axe lot:

Minimum area—650 square metres

Minimum width—18 metres

Minimum depth—30 metres

Land in Zone R5 Large Lot	Minimum area—4000 square metres
Residential	Minimum width—30 metres Minimum depth—75 metres
Land in Zone E4 Environmental	Minimum area—1 hectare
Living	Minimum width—30 metres Minimum depth—75 metres

Note. Minimum lot sizes are indicated on the Lot Size Map. Lots must meet standards for area, width and depth. Meeting the standards for just width and depth is not sufficient.

7.20

Orchard Hills

(1)	The objectives of this clause are as follows:

(a)	to ensure residential development incorporates features necessary to protect occupiers against adverse noise impacts arising from traffic noise,
(b)	to limit the potential risk to life and property from flood events.

(2)

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

Application Map.

(3)

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:

(a)	the external facade of any habitable room would not be exposed to an LA10 (18 hour) traffic noise level exceeding 63 dBA, or
(b)	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.

(4)

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:

(a)	no practical alternative location exists for the proposed building, and
(b)	the building is not likely to be threatened by flood flows, and
(c)	the erection or use of the building will not divert flood flows or adversely affect drainage flows, and
(d)	the erection or use of the building will not cause soil erosion.

7.21

Twin Creeks

(1)	The objectives of this clause are as follows:

(a)	to allow development that has a maximum of 285 rural or residential lots on the land to which this clause applies,
(b)	to protect localities of Aboriginal archaeological significance,
(c)	to protect land downstream from the development from further flooding as a result of additional stormwater runoff from the development.

(2)

This clause applies to land identified as “Twin Creeks” on the Clause

Application Map.

(3)

Despite any other provision of this Plan, development consent must not be granted for the subdivision of land to which this clause applies unless it is satisfied that:

(a)	no more than 54 lots will be created within Area 3 shown on the Lot Size Map, each with an area of not less than 1,500 square metres, and
(b)	the development will be compatible with the environmental capabilities of the land, and
(c)	all lots created by the development will be compatible in size and shape with the physical nature of the land, adjoining land uses and the likely use of the land in the future, and
(d)	the size and layout of lots that have boundaries with rural properties consider the interface between the rural residential estate and the potential for land use conflict, and
(e)	the scientific, cultural or aesthetic significance of any Aboriginal archaeological site will not be detrimentally affected by the development, and
(f)	dwellings located on land to which this clause applies will be sited to minimise any adverse impact that might arise from a potential extractive industry situated to the south and west of the land, and
(g)	the last 45 of the lots mentioned in subclause (a) will not be developed unless adequate community facilities are in place.

(4)

Despite any other provision of this Plan, development consent must not be granted for a dual occupancy or secondary dwelling on a lot to which this clause applies.

7.22

Waterside

(1)	The objectives of this clause are as follows:

(a)	to provide an acoustic, physical and visual buffer between industrial and residential development,
(b)	to require a built form that protects the amenity (particularly with respect to noise) of residential development at Waterside.

(2)

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

Map.

(3)

Despite any other provision of this Plan, the consent authority must not consent to development on land in Zone IN2 Light 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.

(4)

The consent authority must not consent to development on:

(a)	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:

Noise descriptor	Time period	Criterion
Industrial noise 50% of LA90 15min	7:00 am to 10:00 pm	50 dBA
Industrial noise 50% of LA90 15min	10:00 pm to 7:00 am	40 dBA
Industrial noise 10% of LA90 15min	7:00 am to 10:00 pm	55 dBA
Industrial noise 10% of LA90 15min	10:00 pm to 7:00 am	45 dBA
Traffic noise Leq 9hr	7:00 am to 10:00 pm	55 dBA
Traffic noise Leq 9hr	10:00 pm to 7:00 am	50 dBA

(b)

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:

Noise descriptor	Time period	Criterion
Recreation areas Leq 24hr	24 hours	40 dBA
Sleeping areas Leq 8hr	10:00 pm to 6:00 am	35 dBA
Sleeping areas 10% of LA1 15min	10:00 pm to 7:00 am	60 dBA

(c)

land in Zone IN2 Light 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:

Noise descriptor	Time period	Criterion
Sleeping areas 10% of LA1 15min	10:00 pm to 7:00 am	60 dBA

(5)

In this clause:

10% of LA1 15min means the noise level which is exceeded by 10% of all of the

valid LA1 15 min noise levels within the specified period.

10% of LA90 15min means the noise level which is exceeded by 10% of all of

the valid LA90 15 min noise levels.

50% of LA90 15min means the noise level which is exceeded by 50% of the valid

LA90 15 min noise levels.

Leq means the energy average of a valid 15 minute noise level in any specified

time period.

non-valid noise level means the noise level recorded when:

(a)	wind gusts exceed 15 metres per second, or
(b)	average wind speed exceeds 3 metres per second, or
(c)	it is raining.

outdoor noise level means the noise level measured at any point outside a building (including on balconies, in courtyards, terraces and garden areas) that does not include any correction for facade reflection.

valid noise level means the measured noise level excluding any non-valid

noise level.

7.23

Location of sex services premises and restricted premises

(1)	The objective of this clause is to ensure that sex services premises and restricted premises are not visually prominent from public places or other locations regularly frequented by children.
(2)	Development consent must not be granted for development for the purposes of sex services premises or restricted premises if the premises would be located on land that adjoins land, or is separated only by a road from land:

(a)	in Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential or Zone RE1 Public Recreation, or
(b)	that is used for community, school (including pre-school and child care centres), church or children’s sporting or recreational activities, or
(c)	that is used for sex services premises or restricted premises.

(3)	Development consent must not be granted to development for the purposes of sex services premises or restricted premises located in a mixed use development that contains a dwelling unless the consent authority is satisfied that the primary entrance of the premises is not on the same floor as the dwelling or any other place regularly frequented by children for recreational or cultural activities.
(4)	In deciding whether to grant development consent for the purposes of sex services premises or restricted premises, the consent authority must take into account the impact the proposed development would have on any place that is regularly frequented by children for educational, recreational or cultural activities that adjoins or is in view of the proposed development.

Part 8

Local provisions—Penrith City Centre

8.1

Application of Part

This Part only applies to land identified as “Penrith City Centre” on the Clause

Application Map.

8.2

Sun access

(1)	The objective of this clause is to protect specified public space from overshadowing.
(2)	This clause applies to land in the vicinity of Allen Place, Memory Park and Judges Park and to High Street between Station Street and Lawson Street, identified as “Area 4” on the Height of Buildings Map, being part of the land to which this Part applies.
(3)	Despite clauses 4.3, 5.6 and 8.4, development consent may not be granted to development on land adjacent to land to which this clause applies if the development would result in overshadowing to a greater degree than would result from adherence to the controls indicated for the land on the Height of Buildings Map.
(4)	This clause does not prohibit development that does not alter the exterior of any existing building.

8.3

Minimum building street frontage

(1)

Development consent must not be granted for the erection of a building on land in Zone B3 Commercial Core or Zone B4 Mixed Use that does not have at least one street frontage of 20 metres or more.

(2)

Despite subclause (1), development consent may be granted for the erection of

a building on the land if the consent authority is satisfied that:

(a)	due to the physical constraints of the site or an adjoining site or sites, it is not possible for the building to be erected with at least one street frontage of 20 metres or more, and
(b)	the development is consistent with the aims and objectives of this Plan.

8.4

Design excellence

(1)

Development consent must not be granted for development involving the construction of a new building, or external alterations to an existing building, on land to which this Part applies unless, in the opinion of the consent authority, the proposed development exhibits design excellence.

(2)

In deciding whether development to which this clause applies exhibits design

excellence, the consent authority must have regard to the following matters:

(a)

whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,

(b)

whether the form and external appearance of the development will improve the quality and amenity of the public domain,

(c)

whether the development will detrimentally impact on view corridors,

(d)

whether the development will detrimentally impact on any land identified as “Area 4” on the Height of Buildings Map,

(e)

how the development will address the following matters:

(i)	the suitability of the land for development,
(ii)	existing and proposed uses and use mix,

(iii)	heritage issues and streetscape constraints,
(iv)	the relationship of the development with other buildings (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,
(v)	bulk, massing and modulation of buildings,
(vi)	street frontage heights,

(vii)

environmental

impacts

such

as

sustainable

design,

23 Use of certain land at The Crescent, Penrith

(1)	This clause applies to land at The Crescent, Penrith, being Lot 1196 and Part Lots 1194 and 1198, DP 1171491, that is identified as “22” on the Additional Permitted Uses Map.
(2)	Development for the purposes of exhibition villages, high technology industries, multi dwelling housing, residential flat buildings and seniors housing are permitted with development consent.

24 Use of certain land at The Crescent, Penrith

(1)	This clause applies to land at The Crescent, Penrith, being Part Lot 1198, DP 1171491, that is identified as “23” on the Additional Permitted Uses Map.
(2)	Development for the purposes of food and drink premises, recreation facilities (indoor) and recreation facilities (outdoor) are permitted with development consent.

25 Use of certain land at 164 Station Street, Penrith

(1)	This clause applies to land at 164 Station Street, Penrith, being Part Lot 12, DP 234581, that is identified as “24” on the Additional Permitted Uses Map.
(2)	Development for the purposes of business premises, entertainment facilities, food and drink premises, function centres, hotel or motel accommodation, kiosks, markets, office premises, serviced apartments, signage and shops is permitted with development consent.
(3)	The gross floor area of development for the purpose of business premises or office premises, or a combination of those 2 uses, must not exceed 20,000m2.
(4)	The gross floor area of development for the purpose of entertainment facilities,

hotel accommodation, function centres, or any combination of those uses,

must not exceed 20,000m2.

(5)	The gross floor area of development for the purpose of food and drink
premises, kiosks, markets and shops, or any combination of those uses, must
not exceed 3,000m2.

26 Use of certain land at 70 Glenbrook Street, South Penrith

(1)

This clause applies to land at 70 Glenbrook Street, South Penrith, being Lot 88, DP 703021, that is identified as “25” on the Additional Permitted Uses Map.

(2)

Development for the purposes of shops and office premises not exceeding a

gross floor area of 650m2 is permitted with development consent.

27 Use of certain land at corner of Forrester Road and Boronia Road, St Marys

(1)

This clause applies to land at the corner of Forrester Road and Boronia Road, St Marys, being Lot 2, DP 1175275, that is identified as “26” on the Additional Permitted Uses Map.

(2)

Development for the purposes of bulky goods premises is permitted with

development consent.

28 Use of certain land at corner of Forrester Road and Boronia Road, St Marys

(1)	This clause applies to land at the corner of Forrester Road and Boronia Road, St Marys, being Part Lot 1, DP 1175275, that is identified as “27” on the Additional Permitted Uses Map.
(2)	Development for the purposes of amusement centres, food and drink premises, hotel or motel accommodation and registered clubs is permitted with development consent.

29 Use of certain land at 32–52 Harris Street, St Marys

(1)

This clause applies to land at 32–52 Harris Street, St Marys, being Lot A,

DP 152452 that is identified as “28” on the Additional Permitted Uses Map.

(2)

Development for the purposes of business premises and community facilities

is permitted with development consent.

30 Use of certain land at 1590–1594 Mulgoa Road, 1 Park Road and 11 Park Road, Wallacia

(1)	This clause applies to land at 1590–1594 Mulgoa Road, 1 Park Road and 11 Park Road, Wallacia, being Lot A, DP 334601 and Lot 1 DP 1162029 that is identified as “29” on the Additional Permitted Uses Map.
(2)	Development for the purposes of advertising structures, business premises, food and drink premises, health consulting rooms, kiosks, markets, medical centres, office premises, registered clubs, service stations, shops and vehicle repair stations is permitted with development consent.

31 Use of certain land at Lot 1, Water Street, Werrington

(1)

This clause applies to land at Lot 1 Water Street, Werrington, being Lot 1, DP 1176624, that is identified as “30” on the Additional Permitted Uses Map.

(2)

Development for the purposes of a school is permitted with development

consent.

32 Use of certain land at Lot 2, Water Street, Werrington

(1)

This clause applies to land at Lot 2 Water Street, Werrington, being Lot 2, DP 1176624, that is identified as “31” on the Additional Permitted Uses Map.

(2)

Development for the purposes of a school is permitted with development

consent.

[45] Schedule 2 Exempt development

Omit the matter relating to “Signage” and “Tennis courts” (including the headings).

[46] Schedule 5

Omit the Schedule. Insert instead:

Schedule 5

Environmental heritage

(Clause 5.10)

Part 1

Heritage items

Suburb

Item name

Address

Property

Significance Item

description

no

Agnes Banks Castlereagh Road

Castlereagh Road

Local

261

Alignment

Agnes Banks	Weatherboard	410–450	Lot 10,	Local	660
cottage	Castlereagh Road	DP 792357

Agnes Banks Agnes Banks

475–479

Lot 1,

Local

3

Public School	Castlereagh Road	DP 776886
(former)

Agnes Banks	“Osborne”,	580–600	Lot 1,	Local	6
homestead, barn,	Castlereagh Road	DP 1155198
outbuildings and plantings
Agnes Banks	“Chestnut”,	580–600	Lot 1,	Local	8
dwelling, slab	Castlereagh Road	DP 1155198
cottage and trees

Agnes Banks “Tyreel”, dwelling

626–652

Lot 1,

Local

10

and barn

Castlereagh Road

DP 739177

Agnes Banks	Federation	706 Castlereagh	Lot 4,	Local	12
farmhouse and	Road	DP 570547
trees

Suburb

Item name

Address

Property

Significance Item

description

no

Agnes Banks Brick farmhouse,

850–856

Lot 1,

Local

659

trees and orchard

Castlereagh Road

DP 228165

Agnes Banks Agnes Banks

2 Geebung Close,

Lots 149 and

State

15

Nature Reserve

and 36–62 and

157–159, DP

66–88 Rickards

752021; Lot

Road

7302,

DP 1151861;

Lot 12,

DP 1049319

Agnes Banks	Farmhouse	2–22 Springwood	Lot 930,	Local	2
(collapsed) and	Road	DP 1129072
outbuildings
Badgerys	McGarvie-Smith	1793–1951	Lot 63,	Local	857
Creek	Farm	Elizabeth Drive	DP 1087838
Castlereagh	Castlereagh Road	Castlereagh Road	Local	261
Alignment
Castlereagh	Memorials—	1151–1159	Lots 1–3,	Local	19
Smith Park	Castlereagh Road	DP 3784; Part Lot 58, DP 752021
Castlereagh	Castlereagh	1158–1160	Lot 1,	Local	18
Council Chambers	Castlereagh Road	DP 198257
(former)
Castlereagh	Christ Church	230–232 Church	Lot 27,	Local	28
Anglican Church	Lane	DP 581747
Castlereagh	Farmhouse,	259A–263 Church	Lot 1000,	Local	26
garden planting	Lane	DP 1100451
and natural vegetation
Castlereagh	Castlereagh Public	13–25 West	Lot 2,	Local	20
School (former)	Wilchard Road	DP 780559
Claremont	Milestone	Great Western	Fronting Lot 1,	Local	859
Meadows	Highway	DP 1126991
Claremont	“Four Winds”,	568 Great Western	Part Lot 11,	Local	321
Meadows	dwelling	Highway	Section 24, DP 111110
Colyton	Milestone	Great Western	Fronting Lot 1	Local	862
Highway	DP538063

Cranebrook

Cranebrook Public

216 Boundary Road Lot 22,

Local

40

School (former)

DP 809521

Cranebrook	Site of Fulton’s	184–194 Church	Lot 287,	Local	31
Church and	Street	DP 999655;
School	Lot 288, DP 999656
Cranebrook	St Thomas’	540A–544A	Lots 12–17,	Local	42
Anglican Church	Cranebrook Road	Section A,
(former) and Palm	DP 1613
trees

Suburb

Item name

Address

Property

Significance Item

description

no

Cranebrook	Castlereagh	77–85 East	Lot 281,	Local	32
General Cemetery	Wilchard Road	DP 752021
and native vegetation
Cranebrook	Victorian	46–54 Grays Lane	Lot 12,	Local	35
farmhouse	DP 825320
Cranebrook	Johnson’s Cottage	Nepean Street	Lots 18–20,	Local	41
Section A, DP 1613
Cranebrook	Olive trees	68 Soling Crescent	Lot 104,	Local	39
DP 261535

Cranebrook

“Kenilworth”,

6–9 Tallwood Road Lot 26,

Local

36

dwelling and trees

DP 855247

Emu Heights	Gosling Street and	22 Gosling Street	Lot 22,	Local	89
Hessel Place	DP 1076016
Reserves

Emu Heights House (Hall

13 Hessel Place

Lot 22,

Local

88

family)

DP 250032

Emu Plains	Bellbird Reserve	29 Barina Crescent	Lot 101,	Local	90
DP 577779
Emu Plains	“Huntington	48–52 Beach Street	Lots 12, 13 and	Local	71
Hall”, house and	15, DP 243048
garden
Emu Plains	Uniting Church	5–7 Emerald Street	Lot 1,	Local	82
DP 650543
Emu Plains	Weatherboard	24 Forbes Street	Lot 22,	Local	664
cottage	DP 253187
Emu Plains	Brick cottage	73 Forbes Street	Lot 181,	Local	669
DP 575962
Emu Plains	War Memorial,	Great Western	Lot 7051,	Local	75
Emu Park	Highway, Lawson	DP 1055094
and Park Streets
Emu Plains	“Emu Hall”,	2–26 Great Western	Lot 2,	Local	51
dwelling,	Highway	DP 614436
outbuildings and trees
Emu Plains	Union Inn	36–42 Great	Part Lots 1 and	Local	63
(former) and trees	Western Highway	2, DP 342116
Emu Plains	Weatherboard	66–70 Great	Lot 17,	Local	60
house	Western Highway	SP 71124
Emu Plains	Australian Arms	113 Great Western	Lot 11,	Local	61
Inn (former)	Highway	DP 1056135
Emu Plains	Arms of Australia	127 Great Western	Lot 22,	Local	327
Inn	Highway	DP 242300
Emu Plains	Stone house	143 Great Western	Lot 111,	Local	64
Highway	DP 242913

Suburb

Item name

Address

Property

Significance Item

description

no

Emu Plains	Melrose Hall	169 Great Western	Lot 7040,	Local	73
Highway	DP 751662
Emu Plains	Emu Plains Public	207–219 Great	Part 1, Lot 1,	Local	76
School (former)	Western Highway	DP 650753
and trees
Emu Plains	Sandstone cottage	281 Great Western	Lot 110,	Local	84
Highway	DP 802233
Emu Plains	Emu Plains	283 Great Western	Lot 1,	Local	85
Assembly Hall	Highway	DP 780531
Emu Plains	“Mountain View”	39 Grey Street	Lot 1,	Local	837
house	DP 203655
Emu Plains	Sandstone railway	Lamrock Street	Local	667
culvert
Emu Plains	Concrete house	39a–43 Mackellar	Lot 980,	Local	58
Street	DP 810551
Emu Plains	“Westbank”,	2 Nepean Street	Lot 1,	Local	65
house	DP 620712
Emu Plains	“Gwandalan”,	11 Nepean Street	Lots 121 and	Local	92
dwelling and	and 35 Cary Street	123,
garden	DP 807462
Emu Plains	“Yodalla”, house	28 Nepean Street	Lot 42,	Local	66
and garden	DP 524161
Emu Plains	“Yamba”, cottage	32 Nixon Street	Lot 116,	Local	80
DP 242303
Emu Plains	“Orange Grove”,	15 Park Street	Lot 1,	Local	74
cottage	DP 703497
Emu Plains	Ferry crossing	Punt Road, Nepean	Local	147
River
Emu Plains	Police station	4 Punt Road	Lot 7038,	Local	52
residence (former)	DP 94188
Emu Plains	Federation cottage	9 Railway Row	Lot 9,	Local	665
DP 192672
Emu Plains	International style	10 River Road	Lot B,	Local	666
house and garden	DP 33205
Emu Plains	Brick house and	80 River Road	Lot 2,	Local	151
garden	DP 1024616
Emu Plains	Lewers Bequest	84–88 River Road,	Lot 34,	Local	69
and Regional Art	DP 1114973
Gallery, houses and garden
Emu Plains	Edwardian cottage	46 Russell Street	Lot 10,	Local	83
DP 1097496
Emu Plains	St. Paul’s	Land bounded by	Lot 1,	Local	78
Anglican Church	Short, Mundy and	DP 724148;
and Emu Plains	Nixon Streets and	Lot 1, DP
General Cemetery	the Great Western	798650; Lot G,
Railway	DP 751662

Suburb

Item name

Address

Property

Significance Item

description

no

Emu Plains	Emu Plains	Main Western	Lot 1,	State	59
Railway Station	Railway, Station	DP 1133099
group	Street
Emu Plains	“Killeen”,	34 Walkers	Lot 104,	Local	840
Federation house	Crescent	DP 1006488
Emu Plains	Cottage	14 York Street	Lot 1,	Local	55
DP 563123
Glenmore	Scarred tree and	Lot 200 Bradley	Lot 200,	Local	878
Park	Aboriginal artefact	Street	DP 1162982
scatter

Jamisontown Sir John Jamison

14b and 14c Lilac

Lot 1,

Local

269

Cemetery

Place

DP 724391;

Lot 1,

DP723986

Jamisontown Workmens’

56–62 Mulgoa

Lots 1–4,

Local

94

cottages

Road

SP 39546

Kemps Creek Brick farmhouse	282 Aldington	Lot 142,	Local	106
Road	DP 1033686
Kemps Creek Gateposts to	269–285 Mamre	Lot 8,	Local	105

Colesbrook

Road

DP 253503

Kemps Creek The Fleurs Radio

885(a) Mamre Road Lot 21,

Local

832

Telescope site

DP 258414

Kemps Creek “Bayley Park”,

919–929 Mamre

Lot 35,

Local

104

house

Road

DP 258414

Kingswood	St. Phillip’s	32 Bringelly Road	Lot 64,	Local	101
Anglican Church	DP 752022
Kingswood	Penrith General	Land bounded by	Lots 1–28,	Local	97
Cemetery	Copeland and	DP 975352
Phillips Streets, Richmond Road and Cox Avenue
Kingswood	Federation house	6 First Street	Lot 101,	Local	100
and garden	DP 1032987
Kingswood	Milestone	Great Western	Fronting Lot 1,	Local	860
Highway	DP 866081
Kingswood	Milestone	Great Western	Fronting	Local	861
Highway	Lot 10, DP 719064
Kingswood	House	43 Park Avenue	Lot B,	Local	672
DP 409139
Kingswood	Kingswood Public	46–54 Second	Lot 172,	Local	98
School	Avenue	DP 839785
Kingswood	Teacher’s	56 Second Avenue	Lot 2,	Local	670
residence (former)	DP 1130750
Leonay	“Edinglassie”,	22 Bunyan Road	Lot 185,	Local	108
house	DP 233104

Suburb

Item name

Address

Property

Significance Item

description

no

Leonay	“Leo Buring”	3a Leonay Parade	Lot 12,	Local	109
cottage, barn,	DP 818741
glasshouse and memorial
Llandilo	Federation	330 Eighth Avenue	Lot 330,	Local	676
farmhouse	DP 2147
Llandilo	Farmhouse	361 Ninth Avenue	Lot 3,	Local	677
DP 231946
Llandilo	Llandilo Public	222 Seventh	Lot 222,	Local	841
School	Avenue	DP 2147
Llandilo	St David’s	257B Seventh	Lot 1,	Local	673
Anglican Church	Avenue	DP 724335
(former)
Llandilo	Llandilo	257C Seventh	Lot 11,	Local	675
Community Hall	Avenue	DP 1092204
Llandilo	Cottage and	268 Seventh	Lot 269,	Local	113
outbuildings	Avenue	DP 2147
Llandilo	Farmhouse	170 Sixth Avenue	Lot A,	Local	842
DP 390397

Londonderry Londonderry

325–331

Lot 100,

Local

115

Cemetery

Londonderry Road

DP 810236

Luddenham	Brick cottage	21–55 Campbell	Lot 1,	Local	117
Street	DP 972057
Luddenham	Luddenham Road	Luddenham Road	Local	843
Alignment
Luddenham	Weatherboard	3065–3067 The	Lot 1,	Local	678
cottage	Northern Road	DP 930372
Luddenham	Weatherboard	3075 The Northern	Lot 1,	Local	118
cottage	Road	DP 304800
Luddenham	Luddenham	3091–3095 The	Lot 7, DP 1655	Local	119
Progress Hall	Northern Road
Luddenham	Luddenham	3097–3099 The	Lot 8, DP 1655	Local	120
Uniting Church	Northern Road
and Cemetery
Luddenham	St James Anglican	3101–3125 The	Lot 2,	Local	122
Church and	Northern Road	DP 529143
Cemetery
Luddenham	Brick cottage	406 Park Road	Part Lot 2,	Local	830
Section A, DP 1452
Luddenham	Showground	428–452 Park Road	Lot 1,	Local	679
DP 931531; Lot 2, DP 972057
Mulgoa	“Passadena”,	45–61 Allan Road	Lot 1,	Local	132
house	DP 227674

Suburb

Item name

Address

Property

Significance Item

description

no

Mulgoa	“Fairlight”,	377–429 Fairlight	Lot 22,	State	140
homestead,	Road	DP 625510
outbuildings and gardens
Mulgoa	Table Rock	716–782 Fairlight	Lot A,	Local	141
Lookout	Road	DP 164835

Mulgoa

“Glenleigh”, estate 427–507 Mulgoa

Lot 2,

State

273

Road

DP 563748

Mulgoa	“Glenmore”	754–760 Mulgoa	Lot 3,	State	124
Road	DP 701949
Mulgoa	“Fernhill”, house,	1041–1117 Mulgoa	Lots 10 and 11,	State	128
outbuildings and	Road	DP 615085;
landscape	Lot 2, DP 541825
Mulgoa	“Fernhill”,	1147–1187 Mulgoa	Lot 100,	Local	873
curtilage	Road and 10–156	DP 717549;
Mayfair Road	Lot 1, DP 570484; Lot 6, DP 173159; Lot 5, DP 23781; Lot 12, DP 610186; Lot 2, DP 211795; Lots 1–4, DP 260373
Mulgoa	Mulgoa Public	1189–1193 Mulgoa	Lot 1,	Local	130
School building,	Road	DP 853475
hall, residence and trees
Mulgoa	St Mary’s Catholic	1262–1266 Mulgoa	Lot 10,	Local	133
Church	Road	Section E, DP 2121
Mulgoa	Weatherboard	1296 Mulgoa Road	Lot 2,	Local	134
cottage	DP 226343
Mulgoa	Mulgoa Irrigation	1298–1304 Mulgoa	Lot 32,	Local	135
Company office	Road	DP 585921
and police station (former)
Mulgoa	Cottage	1306 Mulgoa Road	Lot 39,	Local	136
Section A, DP 2882
Mulgoa	“Winbourne”,	1315 Mulgoa Road	Lot 4,	Local	138
house	DP 854076
Mulgoa	St Thomas’	43–57 and 59–119	Lot 1,	State	126
Anglican Church	St Thomas Road	DP 996994;
and Cemetery	Lot 1, DP 1035490

Suburb

Item name

Address

Property

Significance Item

description

no

Mulgoa	Cox’s Cottage	1012–1046 Mulgoa	Lots 2–4,	State	125
Road and 2–24 St	DP 241971
Thomas Road
Mulgoa	Mulgoa Road	St Thomas Road	Local	844
Alignment (former)

Orchard Hills Brick farmhouse	80–88 Caddens	Lot 6, DP 1344	Local	155
Road
Orchard Hills “Lindfield”	182–188 Caddens	Lot 1,	Local	845
Road	DP 583439
Orchard Hills Water reservoir	197–207 Castle	Lot 1,	Local	657
Road	DP 430473
Orchard Hills Orchard Hills	3 Frogmore Road	Lot 101,	Local	156

Uniting Church

DP 128254

Orchard Hills

Memorial cairn

Luddenham Road

Local

230

Orchard Hills Mamre	181–275 Mamre	Lot 1,	State	228
Road	DP 530579
Orchard Hills Memorial cairn	181–275 Mamre	Lot 1,	Local	229
Road	DP 530579
Orchard Hills Canine Council	391–395 Mamre	Lot 2,	Local	846

dwelling

Road

DP 547057

Orchard Hills Leeholme Horse

391–395 Mamre

Lot 2,

Local

232

Stud Rotunda

Road

DP 547057

Penrith	“Craithes”,	34–40 Borec Road	Lot 2,	State	161
dwelling, trees,	DP 802406
outbuildings and carriage loop
Penrith	Weir	Bruce Neale Drive,	Local	848
Nepean River
Penrith	Weatherboard	41–43 Camden	Lot 13,	Local	695
cottage	Street	DP 712385

Penrith

Edwardian cottage 2068 Castlereagh

Lot 3,

Local

158

Road

DP 862636

Penrith	Victorian house	2083–2089	Lot 1,	Local	160
Castlereagh Road	DP 623919
Penrith	Bennetts Wagons	2151(a) Castlereagh	Lot 112	Local	829
Road	DP 774782

Penrith

Penrith School of

7 Castlereagh Street Lots 9–11,

Local

692

Arts (former)

Section 1, DP 1582

Penrith	Torin building	26 Coombes Drive	Lot 401–403,	State	827
DP 1162312
Penrith	“Combewood”,	234–256 Coreen	Lot 2,	Local	163
house, garden,	Avenue	DP 654378;
trees and original	Lots 51–55, DP
entrance drive	237090

Suburb

Item name

Address

Property

Significance Item

description

no

Penrith	Cottage	169 Cox Avenue	Lot A,	Local	853
DP 984462
Penrith	Thornton Hall	Lot 11, The	Lot 1,	Local	166
Crescent	DP 33753
Penrith	Presbyterian	154 Derby Street	Lot 4,	Local	697
manse (former)	DP 25106
Penrith	Victorian cottage	163 Derby Street	Lot Y,	Local	698
DP 389668
Penrith	Victorian cottage	194 Derby Street	Lot 1, DP 2363	Local	699
Penrith	Ferry crossing	Nepean River—	Local	870
Ferry Road
Penrith	Governor Phillip	64 Glebe Place	Lot 1,	Local	174
Special Hospital—	DP 213072
original building
Penrith	Rectory (former)	95 Glebe Place	Lots 5 and 5A,	Local	173
DP 39162
Penrith	Victoria Bridge	Great Western	Local	146
Highway
Penrith	Penrith Infants	57 Henry Street	Lot 1,	Local	177
Department (1884	DP 724160
building)
Penrith	Methodist Church	74 Henry Street	Lot 22,	Local	179
(former)	DP 586469
Penrith	TAFE Building	115–119 Henry	Lot 111,	Local	689
Street	DP 1028320
Penrith	Penrith Council	129–133 Henry	Lot 1123,	Local	189
Chambers	Street	DP 1106979
(former)
Penrith	“Kelvin Brae”,	142 High Street	Lot 1,	Local	854
Federation house	DP 1127355
Penrith	Penrith Public	194 High Street	Lot 2,	Local	210
School and palm	DP 502608;
trees	Lots 2–4, Section 19, DP 2296
Penrith	Victorian terrace	219–221 High	Lot 2,	Local	212
and Interwar shop	Street	DP 224062
Penrith	St Aubyn’s	255–265 High	Lot 3,	Local	209
Terrace	Street	DP 955837; Lot 4, DP 972
Penrith	St Stephen’s	258–280 High	Lots 101 and	Local	206
Anglican Church,	Street	102,
Hall and Cemetery	DP 597910
Penrith	Cottage	288 High Street	Lot 1,	Local	723
Section 3, DP 1582

Suburb

Item name

Address

Property

Significance Item

description

no

Penrith	Brick villa	318–320 High	Lot 4,	Local	711
Street	Section 2, DP 1582
Penrith	Memorials and	332–338 High	Lot 1,	Local	688
lamp stand, St	Street	DP 782278
Nicholas of Myra Catholic Church
Penrith	“Cram Place”,	338–340 High	Lot 11,	Local	201
coach house, well,	Street	DP 1013730
pump and cast iron fence
Penrith	Bank of NSW	354–360 High	Lot 10,	Local	713
(former)	Street	SP 51611
Penrith	Australian Arms	359 High Street	Lot 2,	Local	196
Hotel	DP 513015
Penrith	High Street shops	361–365 High	Lots 2 and 4,	Local	714
Street	SP 13804
Penrith	High Street shop	371–375 High	Lot 13,	Local	715
Street	DP 616937
Penrith	High Street shop	377–381 High	Lot 12,	Local	716
Street	DP 616937
Penrith	High Street shop	383 High Street	Lot 11,	Local	717
DP 616937
Penrith	High Street shop	387–389 High	Lot 1,	Local	718
Street	DP 774671
Penrith	High Street shop	391–393 High	Lots 23 and 24,	Local	719
Street	DP 236390
Penrith	Memory Park	400 High Street	Lot 1,	Local	200
DP 198339
Penrith	Fulton’s Store	413–423 High	Lot B,	Local	197
(former)	Street	DP 322318
Penrith	High Street shop	425–427 High	Lot A,	Local	720
Street	DP 322318
Penrith	High Street shop	437 High Street	Lot 2,	Local	855
DP 82325
Penrith	High Street shop	449–451 High	Lot 12,	Local	721
Street	DP 599349
Penrith	High Street shop	538–540 High	Lot 1,	Local	198
Street	DP 779550
Penrith	High Street shop	542 High Street	Lot 2,	Local	722
DP 154388
Penrith	High Street shop	550–556 High	Lot B,	Local	199
Street	DP 152524
Penrith	Red Cow Hotel	569–595 High	Lot 1,	Local	690
Street	DP 1137699

Suburb

Item name

Address

Property

Significance Item

description

no

Penrith	Penrith	668–672 High	Lot 12,	Local	256
Ambulance	Street	DP 37829
Station
Penrith	“Madang Park”,	475–487 Jamison	Lot 2,	Local	95
farmhouse and	Road	DP 567225
trees
Penrith	Station Master’s	Jane Street	Lot 31,	State	187
House (former)	DP 1086586
Penrith	Penrith Railway	Railway land, Jane	Lot 31,	State	188
Station group	Street	DP 1086586

Penrith

The Lodge

48–56 Leland Street Lot 5,

Local

159

DP 1049780

Penrith	Lemongrove	22–24 Lemongrove	Lot C1,	Local	172
Lodge	Avenue	DP 162091
Penrith	Victorian villa	150 Lethbridge	Lot 81,	Local	214
Street	DP 526298
Penrith	Explorers	Memorial Avenue	Local	258
Memorial
Penrith	Pumping station	20 Memorial	Lot 1,	Local	144
(former)	Avenue	DP 233967
Penrith	“The Willows”,	65 Mulgoa Road	Lot 1021,	Local	815
house	DP 812335
Penrith	Penrith Power	1 Museum Drive	Lot 1,	Local	259
Station (former)	DP 1010950
Penrith	“Seidler”, house	31–33 Nepean	Lot 1,	Local	685
Avenue	DP 14827
Penrith	Rowing course	Nepean River	Local	148
Penrith	Railway bridge	Over Nepean River	State	668
Penrith	Cottage	10–12 North Street	Lot 1,	Local	180
DP 794510; Lot B, DP 160112
Penrith	Weatherboard	71 Parker Street	Lot 1,	Local	175
cottage	DP 996540
Penrith	Peachtree Creek	Peachtree Creek	Local	257
Bridge
Penrith	Victorian house	6 Rawson Avenue	Lot 2,	Local	253
DP 206095
Penrith	Prospect	59 Station Street	Lot 10,	Local	701
Electricity	DP 1025026
building (former)
Penrith	“Broadville”,	98 Station Street	Lot 910,	Local	215
Victorian house	DP 717451
Penrith	“Kentucky”, villa	146 Station Street	Lot 11,	Local	216
DP 715161

Suburb

Item name

Address

Property

Significance Item

description

no

Penrith	Victorian house	148 Station Street	Lot 80,	Local	217
DP 709313
Penrith	“The Cottage”,	39 Warwick Street	Lot 11,	Local	251
dwelling and pine	DP 663880
tree
Penrith	“Minnamurra”,	43 Warwick Street	Lot 1,	Local	696
house	DP 173533
Penrith	Victorian house,	50 Warwick Street	Lot 1,	Local	250
dwelling and	DP 21745
camphor laurel tree

Penrith	Federation cottage 80 Woodriff Street	Lot 18,	Local	847
DP 2167

Regentville	Regentville	1 Bundarra Road	Lots 1–3 and	Local	276
Workers’ Terrace	19, DP 16540
Regentville	Regentville Public	32–34 School	Lot 1,	Local	270
School, residence	House Road	DP 906651
and garden
St Marys	Dunheved Fire	50 Christie Street	Lot 142,	Local	655
Station	DP 31911
St Marys	Explosives	146 Dunheved	Lot 131,	Local	869
storehouse	Circuit	DP 701610
St Marys	Brick cottage	38 Gidley Street	Lot 1,	Local	298
DP 783200
St Marys	Brick cottage	40 Gidley Street	Lot 1,	Local	797
DP 710777
St Marys	“Bronte”, villa	50 Gidley Street	Lot 4,	Local	299
DP 38617
St Marys	Bennett Wagon	Pioneer Park, Great	Lot B,	Local	805
Western Highway	DP 371329
St Marys	Milestone	Great Western	Local	304
Highway (between Marsden Road and Day Street)
St Marys	Victoria Park and	Bounded by Great	Lot 1,	Local	310
memorial	Western Highway,	DP 1142771
Pages Road, Putland and Princess Mary
Streets
St Marys	St Marys General	175–191 Great	Lot 7300,	Local	303
Cemetery	Western Highway	DP 1141971
St Marys	St Mary	299–311 Great	Lot 1,	Local	301
Magdalene	Western Highway	DP 1035601
Church, Hall, Cemetery and grounds

Suburb

Item name

Address

Property

Significance Item

description

no

St Marys	“Mourilyan”	329–333 Great	Lot 1,	Local	300
Western Highway	DP 997243
St Marys	Shop	373 Great Western	Lot 401,	Local	806
Highway	DP 601711
St Marys	Wagon Wheel	449 Great Western	Lot 102,	Local	308
Hotel	Highway	DP 1031177
St Marys	Wool Pack Inn	556 Great Western	Lot 1,	Local	654
(ruin)	Highway	DP 81099
St Marys	St Marys Council	2–6 Mamre Road	Lot 6,	Local	305
Chambers	Section 1,
(former)	DP 974985
St Marys	“Margaret Farm”,	Pages Road,	Lots 1–6,	Local	226
house, barn and	Barker, Wilson and	DP 30962
tannery site	Schleicher Streets
St Marys	“Mimosa”, stables	11 Pages Road	Lot 1,	Local	220
(former)	DP 745809
St Marys	“Mimosa”,	13 Pages Road	Lot 40,	Local	219
dwelling, fence	DP 58974
and garden
St Marys	Brick cottage	31–33 Pages Road	Lot 101,	Local	801
DP 833732
St Marys	St Marys Public	2-6 Princess Mary	Lot 1,	Local	307
School	Street	DP 798964; Lot 1, DP 121443; Lot 1, DP 216092; Lot 1, DP 798965; Lot 2, DP 183835
St Marys	Brick cottage	18 Princess Mary	Lot 104,	Local	309
Street	DP 1037465
St Marys	Weatherboard	20 Princess Mary	Lot 13,	Local	798
cottage	Street	DP 38418
St Marys	Weatherboard	22 Princess Mary	Lot 14,	Local	799
cottage	Street	DP 38418
St Marys	Gothic revival	24 Princess Mary	Lot 15,	Local	800
cottage	Street	DP 38418
St Marys	“Thompson’s	94 Saddington	SP 73643;	Local	235
Tannery” site,	Street	Lots 1–13,
tannery pits	SP 73643
(former) and well
St Marys	Brick cottage	100–104	Lot 902,	Local	234
Saddington Street	DP 1063929
St Marys	Moore Cottage	8 Sainsbury Street	Lot 10,	Local	221
SP 72555

Suburb

Item name

Address

Property

Significance Item

description

no

St Marys	St Marys Railway	Corner Station and	Lot 1,	State	282
Station	Queen Streets	DP 1040178
Wallacia	Bungalow	38 Greendale Road	Lot 60,	Local	812
DP 21083
Wallacia	Wallacia Progress	40 Greendale Road	Lot 61,	Local	850
Association Hall	DP 368083
Wallacia	Brick house	96–100 Greendale	Lot 317,	Local	811
Road	DP 808445
Wallacia	Wallacia Public	1573–1585 Mulgoa	Lot 50,	Local	852
School	Road	DP 820512
Wallacia	Wallacia Post	1589 Mulgoa Road	Lot 10,	Local	851
Office	DP 1508
Wallacia	Wallacia Hotel	1590–1594 Mulgoa	Part Lot A,	Local	325
Road	DP 334601
Wallacia	St Andrew’s	25 Park Road	Lot 1,	Local	326
Anglican Church	DP 318587
(former)
Werrington	“Torquay”, house	555 Great Western	Lot 11,	Local	319
Highway	DP 1170870
Werrington	Brick house	565 Great Western	Lot 565,	Local	810
Highway	DP 1121207
Werrington	“Werrington Park	653–729 Great	Lot 101,	Local	315
House”, garden	Western Highway	DP 1140594
and poplar avenue
Werrington	Rose Cottage and	Corner of Water	Lot 1,	State	318
early slab hut	Street and Tennant	DP 827130
Road
Werrington	“Werrington	108 Rugby Street	Lot 101,	Local	248
County	House”, dwelling,	DP 605907
driveway and garden

Part 2

Heritage conservation areas

Name of heritage	Identification on Heritage Map	Significance
conservation area
Hornseywood Avenue	Shown by an outline and identified as “HCA1”	Local
Conservation Area
Lemongrove	Shown by an outline and identified as “HCA2”	Local
Conservation Area
Warwick Street	Shown by an outline and identified as “HCA3”	Local
Conservation Area
North St Marys Staff	Shown by an outline and identified as “HCA4”	Local
Cottages Conservation Area
Name of heritage	Identification on Heritage Map	Significance
conservation area
Mulgoa Road	Shown by an outline and identified as “HCA5”	Local
Conservation Area
Park Road Conservation	Shown by an outline and identified as “HCA6”	Local
Area

Part 3

Archaeological sites

Suburb

Item name

Address

Property

Significance Item no

description

Berkshire	Site of Berkshire	844–848	Lot 3,	Local	A662
Park	Park homestead	Richmond	DP 1097876
Road
Castlereagh	Site of	East Wilchard	Various—see	Local	A30
Castlereagh	Road and	Heritage Map
township	Church Lane
Cranebrook	Castlereagh	132–156	Lot 245,	Local	A880
General	Church Street,	DP 752021
Cemetery and	Cranebrook
native vegetation
Emu Plains	Police station	30 Great	Lot 8,	Local	A53
(former)	Western	DP 228204
Highway
Emu Plains	Government	Hunter,	Various—see	Local	A68
stockyard site	Yodalla, Annett	Heritage Map
and Nepean Streets and River Road
Emu Plains	“Dungarth” and	4 Stockade	Lot 29,	Local	A81
remnant plantings	Street	DP 250439
site

Leonay

Site of

Lapstone Place Lot 102,

Local

A112

Edinglassie

DP 235829;

Lot 2,

DP 242718

Mulgoa	Irrigation canal	Mulgoa Road,	Lots 5, 6, 8 and	Local	A137
Queenshill	9, DP 1046980;
Drive,	Lot 181,
Littlefields	DP 230752;
Road and The	Lots 5 and 6,
Northern Road	DP 718233
Mulgoa	Regentville	460a–626	Lot 40,	Local	A271
Mansion (site)	Mulgoa Road	DP 840788
and vineyard terracing
Mulgoa	Slab cottage site	1177–1187	Lot 6,	Local	A858
Mulgoa Road	DP 173159
Regentville	Regentville	127–129 and	Lot 4,	Local	A680
Windmill site	131–135	DP 249387;
Martin Street	Lot 13, DP 633042

Suburb

Item name

Address

Property

Significance Item no

description

St Marys

Thompson’s

Saddington

Various—see

Local

A236

Tannery site

Street

Heritage Map

(former)

Wallacia

Luddenham

1–9 Park Road

Lots 1–3,

Local

A849

Homestead site

DP 504928;

Lots E–G,

DP 390228

[47] Dictionary

Insert in alphabetical order:

Active Street Frontages Map means the Penrith Local Environmental Plan

2010 Active Street Frontages Map.

Additional Permitted Uses Map means the Penrith Local Environmental Plan

2010 Additional Permitted Uses Map.

battle-axe lot means a lot that has an access handle, an access corridor (a

hatchet shaped lot) or a right-of-carriageway over another lot.

City Centre means the land identified as “Penrith City Centre” on the Clause

Application Map.

Clause Application Map means the Penrith Local Environmental Plan 2010

Clause Application Map.

designated State public infrastructure means public facilities or services that

are provided or financed by the State (or if provided or financed by the private

sector, to the extent of any financial or in-kind contribution by the State) of the

following kinds:

(a)	State and regional roads,
(b)	bus interchanges and bus lanes,
(c)	land required for regional open space,
(d)	land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).

Key Sites Map means the Penrith Local Environmental Plan 2010 Key Sites

Map.

public utility infrastructure, in relation to an urban release area, includes

infrastructure for any of the following:

(a)	the supply of water,
(b)	the supply of electricity,
(c)	the disposal and management of sewage.

standard lot means a lot that is not a battle-axe lot.

urban release area means the area of land identified as “Urban Release Area”

on the Urban Release Area Map.

Urban Release Area Map means the Penrith Local Environmental Plan 2010

Urban Release Area Map.

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Citations

Penrith Local Environmental Plan 2010 (Amendment No 4) (2015-21) LW 28 January 2015 (NSW)

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