Council is responsible for developing and implementing a number of planning instruments that guide development and the infrastructure needed to support this development. These Planning Instruments create land use and development controls for future development to realise our communities’ vision and our social, environmental and economic needs.

Council’s current planning instruments are:

• Penrith Local Environmental Plan (2010)
• Penrith Development Control Plan (2014)
• Development Contributions Plans (various)

Council invited the public to comment on the proposed changes to these planning instruments, which together with supporting information, was publicly exhibited from 1 May 2020 to 29 May 2020.

The public exhibition has finished and the deadline for written submissions has passed. Council has reviewed submissions and the results of the public exhibition were reported to the elected Council for its consideration.

The following three plans were on exhibition:

Amendment to Penrith Local Environmental Plan

(Planning Proposal – Phase 1 Review of Penrith LEP 2010)

At its Policy Review Committee Meeting of 10 August 2020, Council considered a report on submissions received in response to the exhibition and public authority consultation. Council resolved to endorse the Planning Proposal presented in the report, which includes a change to the exhibited Planning Proposal in relation to the proposed amendment for non-residential uses in the St Marys Town Centre. Council also resolved to forward the Planning Proposal to the Minister for Planning and Public Spaces with a request to make the LEP amendments.

Amendments to Penrith Local Environmental Plan 2010 (LEP 2010) proposed to align LEP 2010 with the planning priorities set in the Greater Sydney Commission’s (GSC) Greater Sydney Region Plan – A Metropolis of Three Cities and Western City District Plan.

Phase 1 amendments aimed to:

• increase the minimum lot size controls for multi-dwelling housing in R3 Medium Density Residential and R4 High Density Residential zones
• apply a minimum lot size control for dual occupancy development in the RU5 Village zone for Londonderry and Luddenham villages
• permit eco-tourist facilities, with consent, in the E4 Environmental Living zone
• permit a limited number of additional land uses, with consent, on certain land within Castlereagh’s ‘centre’
• remove the minimum lot size requirement for dwelling houses on 11 lots in Llandilo
• include a new requirement for non-residential uses in the St Marys Town Centre B4 Mixed Use zone
• extend the additional permitted uses provision for 164 Station Street, Penrith
• rezone Triangle Park, Penrith to RE1 Public Recreation, and
• undertake minor housekeeping matters.

The Phase 1 LEP Review Planning Proposal primarily responds to the immediate actions arising from the draft Local Housing Strategy, draft Rural Lands and Villages Strategy and draft St Marys Economic Development Strategy as well as addressing minor housekeeping amendments. Resolving these matters will provide a more accurate planning instrument and reduce the potential for delays if development is proposed in these areas.

These amendments form the first of a number of proposed staged amendments to the Penrith LEP 2010. The process that Council must follow to consider the proposal is known as the Gateway process(External link), which requires the public exhibition of a Planning Proposal.

The NSW Department of Planning, Industry and Environment has not authorised Council to exercise delegation to make this plan.

Draft Housekeeping Amendment to Penrith Development Control Plan 2014

A draft Housekeeping Amendment proposed changes to Penrith Development Control Plan (DCP) 2014 and addressed the following matters:

• Adult Change Facilities: The draft plan will introduce controls to provide adult change facilities in specific publicly accessible buildings.
• Tree and Vegetation Management: The draft plan will update the vegetation management controls in response to recent legislative changes.
• Outdoor Dining and Trading: The draft plan will update controls relating to Outdoor Dining and Trading to reflect and support Council’s recently adopted Outdoor Dining Policy and Guidelines.
• Boarding Houses: The draft plan will update controls relating to Boarding Houses, to clarify and support existing controls and desired outcomes for boarding house development.
• Notification and Advertising: The draft plan removes the Notification and Advertising section of the DCP, as this has now been superseded by Council’s recently adopted Community Participation Plan.

These housekeeping amendments will take effect from 3 September 2020. They form the first of a number of proposed staged amendments to the Penrith DCP 2014 and have been progressed ahead of a comprehensive review of DCP 2014 as they support and compliment Council’s established position or state policies that are currently in force.

Section 7.12 Citywide Development Contributions Plan for non-residential development

Council considered this matter at its Ordinary meeting on Monday 27 July and have now adopted the Section 7.12 Citywide Development Contributions Plan for non-residential development. This Development Contributions Plan will take effect from 24 August 2020.

This Plan has been prepared in accordance with the Environmental Planning & Assessment Act 1979 (EP&A Act) and Environmental Planning and Assessment Regulation 2000 (EP&A Regulation); having regard to the latest practice notes issued by the NSW Department of Planning, Industry and Environment.

The Plan will apply to all development works involving non-residential development across Penrith Local Government Area (LGA). This includes new buildings, additions and expansions, change of use, renovations, etc. The Plan will require the payment of up to a 1% levy for development works with a value over $100,000. This levy is set by the EP&A Regulation. Contributions collected under the Plan will assist in the delivery of important infrastructure across Penrith LGA.

The Penrith Citywide Section 7.12 Development Contributions Plan for non-residential development is available here

Enquiries

For more information, contact Council’s City Planning on cityplanning@penrith.city or 4732 7777.