New South Wales Consolidated Regulations

PENRITH LOCAL ENVIRONMENTAL PLAN 1998 (URBAN LAND) - REG 38

38 Development of the Werrington Mixed-Use Area

(1) This clause applies to land shown edged heavy black on Sheet 1 of the map marked “ Penrith Local Environmental Plan 1998 (Urban Land) (Amendment No 13)-Werrington Mixed-Use Area ”.

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

(a) to permit a balanced mix of land uses that optimise employment opportunities for the City of Penrith and Western Sydney by allocating an area of 8 ha for mixed uses with an employment focus and an area of 6 ha for mixed uses with a residential focus, excluding land required for drainage, bushland conservation and transport interchange purposes,

(b) to promote business activities involved in high technology development which facilitates links to surrounding tertiary institutions,

(c) to enhance the environmental qualities of the site and its locality by identifying a conservation area associated with the woodland and creek,

(d) to establish a transport interchange to service the proposed university railway station.

(3) The council must not grant consent to development on land to which this clause applies unless it is satisfied the development demonstrates the following:

(a) a high degree of accessibility, that is safe and direct, both within the site and between the surrounding residential areas and educational institutions,

(b) extensive provision has been made for pedestrian, vehicular and public transport access to and egress from the transport interchange,

(c) no direct vehicular access to development fronting the Great Western Highway,

(d) active street frontages with a high degree of surveillance along French Street,

(e) a high level of pedestrian amenity, including provision of pathways and cycleways within the site, and to and from surrounding development,

(f) a high level of environmental performance of buildings (including water management and energy efficiency),

(g) substantial compliance with the structure plan.

(4) The council must not grant consent to development on land to which this clause applies unless it has taken into account the following (to the extent that they are relevant to the proposed development):

(a) whether the development enhances and protects the environmental qualities of watercourses, riparian land, remnant bushland and biological corridor linkages,

(b) whether the development provides employment opportunities, particularly high technology developments,

(c) whether the development provides for the delivery of community facilities, services and recreational opportunities,

(d) in the case of any proposed residential or other development located in the vicinity of the Main Western Railway Line or the Great Western Highway, the impact of noise or vibration on any such development.

(5) Nothing in this plan prevents the council from consenting to the subdivision of land to which this clause applies for the following purposes:

(a) the extension of French Street north to the railway line,

(b) the identification or allocation of land for the purposes of the transport interchange to be provided in conjunction with the proposed railway station,

(c) the creation of a road link from French Street to the western boundary of the adjoining land, between the Werrington campus of the University of Western Sydney,

(d) the division of a single allotment of land that is within two or more zones so as to create, in relation to each of the those zones, a single allotment that is wholly within the zone.

(6) The council must not grant consent to development on land to which this clause applies unless it is of the opinion that the proposed development has taken into account the following matters (to the extent that they are relevant to the proposed development):

(a) the presence of threatened species, populations and ecological communities,

(b) the local and regional significance of the vegetation on the land,

(c) the impact of the proposed development, including the effect of clearing or bushfire mitigation measures or both or any other threatening processes, on flora and fauna species existing on or likely to utilise the land,

(d) any measures to be taken to ameliorate any impacts,

(e) the significance of any flora and fauna species, population or ecological community listed under the Threatened Species Conservation Act 1995 ,

(f) the requirements of any threat abatement plan under the Threatened Species Conservation Act 1995 .