PENRITH LOCAL ENVIRONMENTAL PLAN 2010 - REG 7.9
Development of land in the flight paths of the site reserved for the proposed Second Sydney Airport
PENRITH LOCAL ENVIRONMENTAL PLAN 2010 - REG 7.9
Development of land in the flight paths of the site reserved for the proposed Second Sydney Airport
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--centre-based child care facilities,
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 .
