PENRITH LOCAL ENVIRONMENTAL PLAN 2010 - SCHEDULE 3

PENRITH LOCAL ENVIRONMENTAL PLAN 2010 - SCHEDULE 3

SCHEDULE 3 – Complying development

(Clause 3.2)

Note : State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.

Part 1 - Types of development

Demolition or removal of dwelling houses or ancillary development (in Zones E3 and E4)

(1) Application and general

(a) Must be carried out in accordance with AS 2601--2001, The demolition of structures .

(b) Must be completed in accordance with the requirements of the WorkCover Authority.

(c) Maximum height of structure to be demolished--2 storeys above ground level (existing).

(d) Must not be a heritage item or a building in a heritage conservation area.

(e) All services must be suitably disconnected and capped off or sealed.

(2) Asbestos

(a) The removal of asbestos material must be carried out by a licensed asbestos removal contractor.

(b) All asbestos laden waste must be disposed of at a tipping facility licensed by the Environmental Protection Authority to receive asbestos waste.

(3) Dust control Dust suppression techniques must be used to reduce any potential nuisance to surrounding properties.

(4) Waste management A waste management plan including details of the proposed locations for the disposal of all excavated material and waste from the site must be prepared.

(5) Noise Demolition works to be restricted to the hours permitted in accordance with the NSW Government's Interim Construction Noise Guideline published in July 2009.

Dwelling houses (in Zone RU5 Village)

(1) Application and general

(a) Must be the erection of a new dwelling house.

(b) Minimum lot size--500m 2.

(c) Only 1 dwelling house per property.

(d) Must not be a moveable dwelling.

(e) Must not be on land to which clause 6.3 applies.

(f) Must not require the removal of a tree or native vegetation.

(g) Must not include a basement or roof terrace.

(2) Bulk and scale

(a) Maximum height of floor above ground level (existing)--600mm.

(b) Maximum height of wall above ground level (existing)--3.3m for a single storey dwelling house, or 6.5m for a two storey dwelling house.

(c) Maximum overall height at any point above ground level (existing)--8m for a single storey dwelling house, or 9m for a two storey dwelling house.

(d) Roof pitch must be between 17 and 30 degrees (excluding skillions for attached verandahs etc).

(e) If a two storey dwelling house--

(i) maximum wall length between corners, articulations, verandahs or awnings--10m, and

(ii) must be designed as a combination of 1 and 2 storey elements with a variation in setbacks from both side boundaries, and

(iii) must not reduce the sunlight available to the living areas and private open space of any adjoining dwelling to less than 3 hours between 9am and 3pm on 21 June in any year.

(3) Setbacks and siting

(a) Minimum setback from primary street frontage--5.5m or the average of adjoining properties, whichever is the greater.

(b) Minimum setback from any secondary street frontage--3m for a single storey dwelling house or 3.5m for a two storey dwelling house (except garage entrances which must be setback 5.5m).

(c) Minimum setback from rear property boundary--4m for a single storey dwelling house or 6m for a two storey dwelling house.

(d) Minimum setback from other property boundaries--1m.

(e) Minimum setback for eaves and gutters--675mm.

(f) Must not be constructed in a registered easement.

(g) Must not be constructed within 3m of a sewer or water main without approval of the relevant authority.

(4) Design and finishes

(a) Building facades facing any street frontage must be designed to address the frontage and incorporate elements such as wall articulation, windows, verandahs and roof variation.

(b) Garages must be integrated in the building facade and be setback further than the dwelling house.

(c) Garages facing public streets must not exceed 50% of the facade width or 6.3m in width, whichever is the lesser.

(d) The entry and at least one principal living room must be visible from the street.

(e) External building materials must have a non-reflective finish and be in neutral earthy tones consistent with the setting and compatible with surrounding development.

(f) Projecting roofs, awnings or verandahs must be incorporated to accentuate articulation.

(5) Site works

(a) Maximum excavation--500mm (to be stabilised or retained and drained).

(b) Maximum filling--500mm (to be stabilised or retained and drained).

(c) Must not impact on any overland drainage path.

(6) Landscaping and open space

(a) Minimum site area to be soft landscaped--50% (areas less than 2m in width must not be included in the calculation).

(b) Main living area must open onto usable private open space with minimum area of 80m 2 that is capable of receiving a minimum of 3 hours sunlight between 9am and 3pm on 21 June in any year.

(7) Visual privacy (if a two storey dwelling house)

(a) Living areas and balconies that overlook the street must incorporate screening or other measures that maintain the privacy of adjoining properties.

(b) Living areas and balconies that face an adjoining property are not permitted on the first floor.

(c) Windows to rooms on first floor elevations that face boundaries other than the street must have--

(i) a minimum sill height of 1.2m, and

(ii) a maximum glazed area of 3.6m.

(d) Windows to staircases located at or above first floor level facing boundaries other than the street must be of fixed obscure glazing.

(8) Stormwater Roof and surface water (including overflow from rainwater tanks) must be disposed of to a piped stormwater drainage system discharging to the street gutter or an approved inter-allotment drainage system.

(9) Access, parking and traffic

(a) Only 1 vehicular access point per site.

(b) Must provide 2 parking spaces behind the setback to any street frontage.

Dwelling houses (in Zones RU1, RU2, RU4, R5 and E4) and additions to dwelling houses (in Zone E4)

(1) Application and general

(a) Must be the erection of a new dwelling house or an addition to an existing dwelling house.

(b) Minimum lot size--500m 2.

(c) Only 1 dwelling house per property.

(d) Must not be a moveable dwelling.

(e) Must not be on land to which clause 6.3 applies or on land shown as "2 Hectares for Dwelling House", "10 Hectares for Dwelling House" or "Twin Creeks" on the Clause Application Map .

(f) Must not be on a heritage item, in a heritage conservation area or on an archaeological site.

(g) Must not be within 50m of land on which there is category 1 vegetation as shown on the Council's Bushfire Prone Land Map .

(h) Must not be on land in the 20 ANEF contour, or a higher ANEF contour, of the proposed Badgery's Creek Airport.

(i) Must not require the removal of a tree or native vegetation.

(j) Must not include a basement or roof terrace.

(k) Must not be on an Aboriginal place within the meaning of the National Parks and Wildlife Act 1974 .

(2) Bulk and scale

(a) Maximum height of floor above ground level (existing)--900mm.

(b) Maximum height of wall above ground level (existing)--3.8m for a single storey dwelling house, or 6.5m for a two storey dwelling house.

(c) Maximum overall height at any point above ground level (existing)--8.5m for a single storey dwelling house, or 10m for a two storey dwelling house.

(d) Roof pitch must be between 22 and 30 degrees (excluding skillions for attached verandahs etc).

(e) Maximum total floor area--400m 2 for a single storey dwelling house, or 600m 2 for a two storey dwelling house (including garage and verandahs etc).

(f) Width of front facade of building must not be more than 30m, or 60% of width of lot measured in alignment with building setback, whichever is the lesser.

(g) If a two storey dwelling house, first floor area must not be more than 70% of the ground floor area, excluding area of any garage or verandah.

(h) If a two storey dwelling house, must not reduce the sunlight available to the living areas and private open space of any adjoining dwelling to less than 3 hours between 9am and 3pm on 21 June in any year.

(3) Setbacks and siting

(a) Minimum setback from street frontage on Greendale Road, Londonderry Road, Mamre Road, The Northern Road, Park Road or the M4 Motorway--30m.

(b) Minimum setback from any other street frontage--15m.

(c) Minimum setback from secondary street frontage--15m.

(d) Minimum setback from other property boundaries--10m.

(e) Minimum setback from Nepean River--100m.

(f) Minimum setback from other watercourse or riparian corridors--40m.

(g) Must be sited clear of any overland flow path, drainage depression, dam or overflow of any dam.

(h) Must not be located within the drip line of any existing tree having a height greater than 3.5m.

(i) Must not be located on ridgelines or so as to protrude into the skyline.

(j) Must not be constructed in a registered easement.

(k) Must not be constructed within 3m of a sewer or water main without approval of the relevant authority.

(4) Design and finishes

(a) Building facades facing any street frontage must be designed to address the frontage and incorporate elements such as wall articulation, windows, verandahs and roof variation.

(b) Building design must contain elements of rural character including use of verandahs to shadow and soften building facades and relate buildings back to ground level.

(c) The entry and at least one principal living room must be visible from the street.

(d) Must not have drive through entrance features.

(e) Garages must be integrated in the building facade and setback further than the dwelling.

(f) Garages facing public streets must not exceed 50% of the facade width or 6.3m in width, whichever is the lesser.

(g) External building materials must have a non-reflective finish and be in neutral earthy tones consistent with the setting and compatible with surrounding development.

(h) Projecting roofs, awnings or verandahs must be incorporated to accentuate articulation.

(i) If a two storey dwelling house, maximum wall length between corners, articulations, verandahs or awnings--10m.

(j) If a two storey dwelling house, must be designed as a combination of 1 and 2 storey elements with a variation in setbacks from both side boundaries.

(5) Site works

(a) Maximum excavation--800mm (to be stabilised or retained and drained).

(b) Maximum filling--800mm (to be stabilised or retained and drained).

(c) Excavation and filling not to extend further than 3m beyond the building footprint.

(d) Excavation must not be within 5m of any existing tree that has a height greater than 5m.

(e) Must not impact on any overland drainage path.

(6) Landscaping and open space

(a) Main living area must open onto usable private open space with minimum area of 80m 2 that is capable of receiving a minimum of 3 hours sunlight between 9am and 3pm on 21 June in any year.

(b) Site must be provided with landscaping in predominantly native species.

(7) Stormwater

Roof and surface water (including overflow from rainwater tanks) must be disposed of to a piped stormwater drainage system discharging to the street gutter or an approved inter-allotment drainage system, or via a level spreader system. Flows must not be concentrated or directed toward adjoining properties.

(8) Access, parking and traffic

(a) Only 1 vehicular access point per site.

(b) Must provide 2 parking spaces behind the setback to any street frontage.

Garages associated with an existing or proposed dwelling house (in Zone E4)

(1) Application and general

(a) Minimum lot size--500m 2.

(b) Only 1 garage per property.

(c) Must not be used for any habitable, industrial or commercial purpose.

(d) Must not be on land to which clause 6.3 applies or on land shown as "Twin Creeks" on the Clause Application Map .

(e) Must not be development on a heritage item, in a heritage conservation area or on an archaeological site.

(f) Must not require the removal of a tree or native vegetation.

(g) Must not be on an Aboriginal place within the meaning of the National Parks and Wildlife Act 1974 .

(2) Bulk and scale

(a) Maximum height of floor above ground level (existing)--500mm.

(b) Maximum height of wall above ground level (existing)--2.7m.

(c) Maximum overall height at any point above ground level (existing)--3.6m.

(d) Roof pitch must be between 10 and 25 degrees (excluding skillions for attached verandahs etc).

(e) Maximum total floor area--40m 2.

(3) Setbacks and siting

(a) Must be located behind the building line for dwellings to any street frontage.

(b) Minimum setback from other property boundaries--10m.

(c) Minimum setback from Nepean River--100m.

(d) Minimum setback from other waterway or riparian corridor--40m.

(e) Must be located within 20m of the dwelling house.

(f) Must not be constructed in a registered easement.

(g) Must not be constructed within 3m of a sewer or water main without approval of the relevant authority.

(4) Design and finishes

(a) If facing a public street, must not exceed 6.3m in width.

(b) External building materials must have a non-reflective finish and be in neutral earthy tones consistent with the setting and compatible with surrounding development.

(5) Site works

(a) Maximum excavation--500mm (to be stabilised or retained and drained).

(b) Maximum filling--500mm (to be stabilised or retained and drained).

(c) Must not impact on any overland drainage path.

(6) Landscaping Minimum site area to be soft landscaped--50% (areas less than 2m in width must not be included in the calculation).

(7) Stormwater Roof and surface water (including overflow from rainwater tanks) must be disposed of to a piped stormwater drainage system discharging to the street gutter or an approved inter-allotment drainage system, or via a level spreader system. Flows must not to be concentrated or directed toward adjoining properties.

(8) Access, parking and traffic Only 1 vehicular access point per site.

Part 2 - Complying development certificate conditions

Note : Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan.

General conditions

Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 .