The Planning Proposal for land at Orchard Hills North has been finalised and amendments made to Penrith Local Environmental Plan 2010 (LEP 2010).

The purpose of the Planning Proposal was to rezone 151 hectares of land located at Caddens Road, Kingswood Road and Castle Road in Orchard Hills, to enable delivery of new housing, a village centre, open space, roads and other supporting infrastructure. The proponent of the Planning Proposal is Legacy Property.

Following the public exhibition, the Planning Proposal was endorsed by Council at its Ordinary Meeting of 12 December 2022. The Planning Proposal was subsequently submitted to the NSW Department of Planning and Environment (DPE) for finalisation.

On 30 June 2023 the LEP amendment for Orchard Hills North was gazetted. The LEP amendment will take effect from 1 October 2023. A proponent may lodge a Development Application that seeks approval for a proposed development on the subject land once the LEP amendment has taken effect and when an appropriate local contributions framework has been prepared and is in place for the subject land, or if an alternative means is in place for local infrastructure provision such as through a planning agreement.

It is noted that during the LEP finalisation process DPE took the decision to defer approximately 3 hectares of land from the proposed rezoning area, affecting two lots located in the southeast corner of the rezoning area that were proposed to be zoned partially C3 Environmental Management and designated as an ‘Environmental Living’ area on the indicative masterplan for the development. DPE has resolved to make further investigations on the suitability of the proposed C3 zone for this deferred area. The portions of the two affected lots that were proposed to be zoned C3 Environmental Management will remain under their current zoning of RU4 Primary Production Small Lots, but will retain having a draft LEP applying to those lands that seeks a rezoning of that portion to C3 Environmental Management.

The amendment to Penrith Development Control Plan 2014 (DCP 2014) which supports the Orchard Hills North Planning Proposal will be finalised and published to take effect from 1 October 2023 to align with the commencement date of the LEP amendment.

Council is currently finalising preparation of a Section 7.11 Contributions Plan to support the Orchard Hills North Planning Proposal, which will soon be to submitted to the Independent Pricing and Regulatory Tribunal (IPART) for formal review. With regard to local infrastructure contributions provisions in the LEP amendment, DPE and Parliamentary Counsel have taken the decision to include in the LEP amendment a requirement for concurrence to be obtained from the Planning Secretary of DPE prior to issuing of a development consent, having regard to the steps taken to address impacts from the development by way of a planning agreement.

If you have any questions regarding the Planning Proposal, please contact Owen Lay – Planner on 4732 7612, or Joel Carson – Senior Planner on 4732 8098.