Amendment No 37 to the Penrith Local Environmental Plan 2010 was made by the Minister for Planning and Public Spaces on 15 December 2023 and commenced on 18 December 2023.

This amendment was proposed in the Planning Proposal for 61-79 Henry Street, Penrith. Amendment No 37 introduced new planning controls for 61-79 Henry Street, Penrith through:

• amending Schedule 1 Additional permitted uses with the insertion of clause 42, to:
  • permit residential accommodation on the land if it is part of a mixed use development and at least a floor space ratio of 2:1 is used for non-residential purposes
  • include a sunset clause that the clause does not apply to a development application made on or after 18 December 2028

• amending clause 4.6 to include that the above amendment to Schedule 1 cannot be contravened under clause 4.6 Exceptions to development standards
• amending the Additional Permitted Uses Map, to identify 61-79 Henry Street, Penrith as “46”.

Local environmental plan (LEP)s are legal documents that guide future development through land use zones and development controls. A Planning Proposal is a request to the NSW Department of Planning and Environment to amend an LEP.

At the Ordinary Meeting of 20 March 2023, Council resolved to endorse the Planning Proposal PP-2021-4958 for 61-79 Henry Street, Penrith as exhibited and to take steps to make the plan once a Voluntary Planning Agreement (VPA) had been executed. A VPA was executed on 23 October 2023.

Council invited the public to comment on the Planning Proposal and supporting information, as well as a Letter of Offer to Council to enter into a VPA, during a public exhibition from Monday 17 October 2023 to Monday 14 November 2023.

If you have any questions about Penrith LEP 2010 Amendment No 37, please contact Council’s Senior Planner, Peter Failes on 4732 7777 or email cityplanning@penrith.city.”