1994
1994
2008-12-15
act-1979-203
Environmental Planning and Assessment Act
1979
PEN
lep
epi.electronic
epi-2008-0571
allinforce
gazette
Gazette No 156 of 25 November 1994, page
6921
epi-1994-0616
7f2117f1-88a8-49f3-bd4a-b7eab9f36720
532407ea-05e2-4772-84a6-07eedbc05fd4
Part 1Preliminary
1Name of
plan
This plan may be cited as Penrith Local Environmental Plan 1994 (Erskine Park
Employment Area).
2Aims, objectives
etc
(1)
The aims of this plan are:
(a)
to make land available for economic and
employment generating development in the City of Penrith,
and
(b)
to promote development which is consistent with
the council’s vision for the City of Penrith contained in its Strategic
Management Plan, namely, one of a region having a harmony of urban and rural
qualities with a strong commitment to environmental protection and
enhancement, and
(c)
to promote development which observes responsible
and environmentally sound management practices to minimise any adverse
environmental impact of that development on surrounding
localities.
(2)
The objectives of this plan are:
(a)
to provide a planning framework which allows
development control plans and a staging plan to supplement the controls
embodied in this plan, and
(b)
to preserve the amenity of the residential
communities of Erskine Park and St Clair, and
(c)
to require development to be assessed in
accordance with, and to observe, sound environmental planning principles,
and
(d)
to require development to observe relevant
environmental performance criteria, and
(e)
to promote the development of land for industrial
land uses which require a variety of land types, and
(f)
to promote a variety of employment based
activities whilst protecting the viability of existing business centres,
and
(g)
to create an environmentally attractive and safe
work environment, and
(h)
to promote development which is efficient in
terms of transportation, energy and land utilisation, and
(i)
to make land available to accommodate all
required special land uses including roads, drainage and other infrastructure,
and
(j)
to facilitate the appropriate provision of, or of
funding for, major infrastructure works, and
(k)
to limit the potential risk to life and property
from flood events, and
(l)
to maximise conservation of urban bushland,
and
(m)
to prohibit offensive and hazardous industries
and other industries specified in this plan, and
(n)
to prohibit development of land for any purpose
if, as a result of carrying out the development, there will be direct
vehicular access between that land and either Erskine Park Road or Mamre
Road.
(3)
The council must consider the aims and objectives
of the plan in determining development applications. This plan also includes
objectives for each zone.
3Land to which plan
applies
(1)
This plan applies to the land within the City of
Penrith which is shown edged by a heavy black line on the
map.
(2)
This plan does not apply to land referred to on
the map as “Deferred Matter”, despite subclause
(1).
(3)
This plan does not apply to the land to which the
following instruments apply:
Penrith Local
Environmental Plan 1998 (Urban
Land).
cl 3: Am
8.1.1999.
4Relationship to other
plans
(1)
With the exception of Penrith Local Environmental Plan 1991 (Environmental
Heritage Conservation), this plan repeals all other local
environmental plans and deemed local environmental plans in so far as they
relate to land to which this plan applies.
(2)
Nothing in this plan affects the application to
land to which this plan applies of Penrith Local
Environmental Plan 1991 (Environmental Heritage
Conservation).
(3)
This plan prevails over Sydney Regional Environmental Plan No 9—Extractive
Industry to the extent to which that instrument is
inconsistent with this plan.
(4)
Except as otherwise provided by this clause, this
plan does not affect the operation of State Environmental Planning Policies
and Regional Environmental Plans.
(5)
Development consent must not be granted unless
the council is satisfied that the proposed development is consistent with the
provisions, and the objectives, of any development control plan prepared in
respect of the land to which the development application
relates.
5Model
Provisions
Clause 35 of, and Schedule 1 to, the Environmental Planning and Assessment Model Provisions
1980 are adopted for the purposes of this
plan.
6Definitions
(1)
All definitions used in this plan are set out in
Schedule 1.
(2)
In this plan:
(a)
a reference to a building or place used for a
purpose includes a reference to a building or place intended to be used for
the purpose, and
(b)
a reference to a map is a reference to a map
deposited in the office of the council.
7Consent
authority
The council is the consent authority for all
development applications made in relation to land to which this plan
applies.
Part 2The land use zones in this
plan
8Zones indicated on the
map
The land to which this plan applies is divided
into four zones and land in each zone is identified on the map in the
following manner:
Zone No 1 (f) (Floodway)—coloured light
brown and lettered 1 (f),
Zone No 4 (e) (Employment)—coloured purple
and lettered 4 (e),
Zone No 4 (e1)
(Employment—Restricted)—coloured purple and lettered 4
(e1),
Zone No 5 (c) (State Roads and State Road
Widening)—broken black band between firm black lines and lettered 5
(c).
9Zone objectives and
development control Table
(1)
For each of the zones in the development control
Table which follows are indicated:
(a)
the objectives of the zone,
(b)
land uses for the purposes of which:
(i)
development may be carried out without
development consent,
(ii)
development may be carried out only with
development consent, and
(iii)
development is
prohibited.
(2)
The council must consider the zone objectives in
determining development applications.
(3)
Except as otherwise provided by this plan,
development consent must not be granted by the council if the proposed
development is contrary to one or more aims and objectives of the plan, and
one or more objectives of the zone within which the development is proposed to
be carried out.
Table
Zone No 1 (f)(Floodway
Zone)
1Objectives of
Zone
The objectives are:
(a)
to prevent the introduction of unsuitable land
uses on the land identified by the council as being likely to be inundated by
a 1% AEP flood in Ropes Creek, and
(b)
to limit the potential risk to life and property
in the event of a flood in Ropes Creek, and
(c)
to protect and enhance the scenic quality and
rural character of the area, and
(d)
to promote development that is compatible with
the environmental capabilities of the land, and
(e)
to prevent the unnecessary removal of trees from
the land, and
(f)
to promote development that does not have an
adverse impact on the flood characteristics of Ropes
Creek.
2Without development
consent
Nil.
3Only with development
consent
Any land use other than those included in Item
4.
4Prohibited
Amusement parks; animal establishments; boarding
houses; business premises; camp or caravan sites; general stores; generating
works; hotels; industries listed in Schedule 2; intensive agriculture;
intensive livestock keeping establishments; junk yards; light industries;
materials recycling yards; motels; motor showrooms; offensive or hazardous
industries; offensive or hazardous storage establishments; office premises;
residential flat buildings; shops; transport terminals; vehicle body repair
workshops; vehicle repair stations; warehouse or distribution centres; waste
disposal.
Zone No 4 (e)(Employment
Zone)
1Objectives of
Zone
The objectives of this zone are:
(a)
to prohibit certain development which is likely
to have an adverse environmental effect on the amenity of adjoining
localities, and
(b)
to provide opportunities for a diverse range of
employment generating activities, and
(c)
to accommodate office and retail activities which
are primarily intended to service persons working in the Erskine Park
Employment Area, and
(d)
to permit development for the purposes of
recreation facilities, child care centres or community facilities in
association with, or independent of, other permitted development to serve the
needs of the workforce of the Area and the adjoining residential communities,
and
(e)
to prohibit development of land for any purpose
if, as a result of carrying out the development, there will be direct
vehicular access between that land and either Erskine Park Road or Mamre Road,
and
(f)
to promote development of land with frontage to
Mamre Road and Erskine Park Road if the buildings or works resulting from the
carrying out of the development will, by their architectural and landscape
design, enhance the rural scenic character of those roads and their roles as
gateways to the City of Penrith.
2Without development
consent
Nil.
3Only with development
consent
Any land use other than those included in Item
4.
4Prohibited
Amusement parks; boarding houses; camp or caravan
sites; dwellings (other than those used in conjunction with other land uses
that are not prohibited in this zone and situated on the land on which such
other uses are conducted); general stores; generating works; industries listed
in Schedule 2; junk yards; motor showrooms; offensive or hazardous industries;
offensive or hazardous storage establishments; office premises (other than
those ancillary to, and used in conjunction with, another land use that is not
prohibited in this zone or which are primarily intended to service persons
working in the Erskine Park Employment Area); shops (other than those
primarily intended to service persons working in the Erskine Park Employment
Area).
Zone No 4 (e1)(Employment—Restricted
Zone)
1Objectives of
Zone
The objectives of this zone are:
(a)
to prohibit certain development which is likely
to have an adverse environmental effect on the amenity of adjoining
localities, and
(b)
to promote development which does not have an
adverse environmental effect on the adjoining residential and rural
communities arising from air, noise or other pollution,
and
(c)
to permit retail activities which are:
(i)
compatible with the concept of the employment
area, and
(ii)
unlikely to prejudice the viability of existing
business centres,
or are primarily intended to service persons working in
the Erskine Park Employment Area, and
(d)
to permit office development of a type
which:
(i)
would not be readily located in a traditional
business zone, and
(ii)
would be unlikely to prejudice the viability of
existing business centres, and
(e)
to permit development for the purposes of
recreation facilities, child care centres and community facilities in
association with, or independent of, other permitted development to serve the
needs of the workforce of the Area and the adjoining residential and rural
communities, and
(f)
to prohibit development of land for any purpose
if, as a result of carrying out the development, there will be direct
vehicular access between that land and either Erskine Park Road or Mamre Road,
and
(g)
to promote development of land with frontage to
Mamre Road and Erskine Park Road if the buildings or works resulting from the
carrying out of the development will, by their architectural and landscape
design, enhance the rural scenic character of those roads and their roles as
gateways to the City of Penrith.
2Without development
consent
Nil.
3Only with development
consent
Any land use other than those included in Item
4.
4Prohibited
Amusement parks; boarding houses; camp or caravan
sites; dwellings (other than those used in conjunction with other land uses
that are not prohibited in this zone and situated on the land on which such
other uses are conducted); general stores; generating works; industries listed
in Schedule 2; junk yards; materials recycling yards; motor showrooms;
offensive or hazardous industries; offensive or hazardous storage
establishments; shops (other than those primarily intended to service persons
working in the Erskine Park Employment Area or shops trading principally in
bulky goods or motor vehicle parts and accessories); vehicle body repair
workshops; waste disposal.
Zone No 5 (c)(State Roads and State Road
Widening Zone)
1Objective of
zone
The objective is to reserve land which will be
required for state roads and state road widening
purposes.
2Without development
consent
Nil.
3Only with development
consent
Drains; landscaping; parking areas; roads; road
widening; site filling; utility installations.
4Prohibited
Any land use other than those included in Item
3.
Part 3Special provisions applying
generally
10Environmental
considerations
(1)
Notwithstanding any other provision of this plan,
the council must not consent to the carrying out of development on land to
which this plan applies where, in the opinion of the council, it will have an
adverse environmental effect on adjoining residential or rural
lands.
(2)
In deciding whether a development will have an
adverse environmental effect, the council must take into consideration:
(a)
any adverse impact of the carrying out of that
development on the existing or likely future amenity of adjoining residential
or rural lands likely to be caused by air, water, noise or any other
pollution, and
(b)
the effect of the development on the visual
amenity of adjoining residential and rural lands, and
(c)
the effect of the development on water quality
through particulate or chemical emissions or sedimentation and the measures
proposed to improve the existing water quality and to minimise any such
effect, and
(d)
the extent of likely air emissions from the
development and the measures proposed to improve the existing air quality and
to minimise and control those emissions, and
(e)
waste management needs for the development and
the adequacy of proposed waste management measures, and
(f)
the hazardous nature and quantities of any
materials or substances to be used or stored as part of the development,
and
(g)
proposed ongoing monitoring procedures and
management plans for the development, to mitigate any adverse environmental
effects.
11Efficiency
considerations
In determining whether to grant consent for
development on land to which this plan applies, the council must take into
consideration:
(a)
the energy efficiency of the proposal in terms of
building design, solar access, site layout, technology and the like,
and
(b)
the extent to which the development maximises
opportunities for the recycling of waste, and
(c)
whether the development makes the most efficient
use of the land, and
(d)
whether the development promotes efficiency in
terms of:
(i)
the overall transport network within the Erskine
Park Employment Area, and
(ii)
traffic, parking and access,
and
(iii)
public transport.
12Subdivision of
land
(1)
A person must not subdivide land to which this
plan applies without the consent of the council.
(2)
A person must not open a road on land to which
this plan applies without the consent of the council.
(3)
The council must not grant consent to the
subdivision of land to which this plan applies if the subdivision would create
an allotment containing land in more than one zone.
13Staging plan for provision of
services
(1)
In this clause services includes roads, water,
sewerage, electricity, telephone, gas and trunk drainage
services.
(2)
The council must not grant consent to any
development on land to which this plan applies unless the proposed
development, and the way in which it will be carried out, will be in
accordance with any staging plan and management plan for the planning, funding
and implementation of services contained within a development control plan
applying to the land.
14
cl 14: Rep 2008
(571), Sch 3.141 [1].
15Drainage
The council must not grant consent to any
development on land to which the plan applies unless:
(a)
arrangements satisfactory to the council have
been made for the implementation of that part of the council’s Trunk
Drainage and Water Quality Management Scheme to which the land drains,
and
(b)
the development conforms with the provisions of
the council’s Trunk Drainage and Water Quality Management
Scheme.
16Advertising
A person must not erect an advertisement on land
to which this plan applies except with the consent of the
council.
17Tree
preservation
(1)
In this clause, tree means:
(a)
a living perennial plant which:
(i)
has one or more self supporting trunks, any one
or more of which has a circumference of 30cm or more (at a height of 40cm
above the ground), or
(ii)
has a height of 3 metres or more, or a branch
spread of more than 3 metres, or
(b)
any tree or plant, irrespective of size, listed
in a register of significant trees, which is a register kept at the office of
the council,
(c)
any palm, cycad or tree
fern.
(2)
A person is prohibited from ringbarking, cutting
down, digging up, topping, lopping, removing or injuring by mechanical or
chemical means any tree, and from taking any other action which could cause
the death of any tree, except with the consent of the
council.
(3)
Notwithstanding subclause (2), the consent of the
council is not required:
(a)
for the pruning of a tree for the purpose of its
regeneration or shaping, or
(b)
for necessary action in relation to a tree to
prevent imminent personal injury or imminent damage to property,
or
(c)
for the taking of appropriate action where the
tree has otherwise become dangerous, but only if 7 days’ notice of the
action proposed has been given to the council, or
(d)
for the removal of noxious plants, being plants
listed as noxious plants in a pamphlet published by the Hawkesbury River
County Council and available to the public in the office of the
council.
(4)
This clause does not apply to tree trimming, tree
removal or other similar measures carried out by an electricity supply
authority, which is in accordance with any tree management agreement approved
by the council.
Part 4Special provisions applying to
specific land
18Flood liable
land
(1)
This clause applies to the land within Zone No 4
(e) and 4 (e1) shown diagonally hatched on the map.
(2)
The council must not grant consent for
development on the land to which this clause applies for purposes other
than:
(a)
landscaping, or
(b)
a parking area, or
(c)
the outdoor storage of goods, materials or
products.
(3)
The council must not grant consent to the
carrying out of development on land to which this clause applies unless it is
satisfied that:
(a)
the development will not have a significant
adverse effect on the characteristics of floods in Ropes Creek,
and
(b)
the development is not likely to result in any
significant risk to life or property as a result of a standard
flood.
(4)
Development on land to which this clause applies
may be carried out only if the floor level of any building or outdoor storage
area that will result from the proposed development will be located above the
standard flood level. This subclause does not apply to development for the
purpose of structures used for drainage, flood mitigation or water quality
management.
19Development in Zone No 4
(e1)
(1)
This clause applies to land within Zone No 4
(e1).
(2)
The council must not grant consent to development
of land within Zone No 4 (e1) unless it is satisfied that:
(a)
wherever appropriate, proposed buildings are
compatible with the height, scale, siting and character of existing
residential buildings in the vicinity, and
(b)
goods, plant, equipment and other material
resulting from the development are to be stored within a building or will be
suitably screened from view from residential buildings and associated land,
and
(c)
the elevation of any building facing, or
significantly exposed to view from, land on which a dwelling house is situated
has been designed to present an attractive appearance, and
(d)
noise generation from fixed sources or motor
vehicles associated with the development will be effectively insulated or
otherwise minimised, and
(e)
the development will not otherwise cause nuisance
to residents, by way of hours of operation, traffic movement, parking,
headlight glare, security lighting or the like, and
(f)
windows facing residential areas, or from which
residential areas might be viewed, have been treated to avoid overlooking of
private yard space or windows in residences, and
(g)
the development will provide adequate off-street
parking, relative to the demand for parking likely to be generated,
and
(h)
the site of the proposed development will be
suitably landscaped, particularly between any building and the street
alignment.
20Retailing in employment
zones
(1)
Notwithstanding any other provision of this plan,
the council may grant consent to development on land within Zones Nos 4 (e)
and 4 (e1) for the purpose of shops only where it is satisfied that the
development is primarily intended to provide services to people working in the
Erskine Park Employment Area.
(2)
The council must not grant consent to development
on land within Zone No 4 (e1) for the purpose of a hypermarket, supermarket,
department store, discount department store or small speciality items shop or
for any other purpose which, in the opinion of the council, would be more
appropriately located in an existing business centre.
(3)
The council must not grant consent to the
carrying out of development on land within Zone No 4 (e1) for the purposes of
a shop trading principally in bulky goods unless it is satisfied that:
(a)
the development would not be more suitably
carried out in a business centre in the locality, and
(b)
the development is unlikely to have an adverse
effect on the viability of any other business centres in the locality,
and
(c)
the development is of a type appropriate to the
objectives of an employment zone, or to the general character of existing
development within the locality.
(4)
This clause does not apply to the retailing on
land of goods produced or stored on the same land where such retailing is
minor and ancillary to a manufacturing or storage use.
21Office premises in Zone No 4
(e1)
Notwithstanding any other provisions of this
plan, the council may grant consent to development on land within Zone No 4
(e1) for the purpose of offices only where it is satisfied that:
(a)
land suitable for development for that purpose
would not be readily available in an existing business zone,
and
(b)
development on the land for that purpose would be
unlikely to prejudice the viability of existing business
centres.
22Convenience
stores
So much of the gross floor area of a convenience
store as is used for the retailing of goods on land to which this plan applies
must not exceed 200 square metres.
23Community use of school sites
etc
Notwithstanding any other provision of this plan,
a person may, with the consent of the council, carry out development on land
to which this plan applies involving:
(a)
the community use of the facilities and sites of
schools, colleges and other educational establishments,
and
(b)
the commercial operation of those facilities and
sites for community purposes, and
(c)
the carrying out of development for community
uses on land used for the purposes of schools, colleges or other educational
institutions, whether or not the development is ancillary to those
purposes.
24Transmission
easement
(1)
This clause applies to the land to which this
plan applies affected by the Pacific Power transmission easement located
adjacent to the northern boundary of the Erskine Park Employment
Area.
(2)
The council must not consent to the carrying out
of development (with the exception of landscaping) on land affected by the
transmission easement.
(3)
The council must require appropriate landscape
treatment of land affected by the transmission easement as part of any
development of land which includes the transmission
easement.
(4)
Before granting consent to any landscape
treatment of the land affected by the easement, the council must ensure that
it will be carried out to the council’s satisfaction and in accordance
with any specific requirements of Pacific Power notified to the
council.
25Quarry and surrounding
land
(1)
This clause applies to Lot 9, DP 229784, Portion
77 and Portion 85, in the Parish of Melville, Erskine
Park.
(2)
The council must not consent to development on
the land to which this clause applies unless it has taken into consideration a
management plan providing for the restoration of the quarry and the
surrounding land, being a plan approved for the time being by the
council.
(3)
Notwithstanding any other provision of this plan,
the council may grant consent to the carrying out of development on the land
only if it is satisfied that:
(a)
the development will not restrict opportunities
for restoration of the quarry and surrounding land, and
(b)
the development is in accordance with the
management plan providing for restoration, and
(c)
the development contributes to restoration work
provided for by the management plan.
26Acquisition of land reserved
for roads
(1)
In this Part:
the
corporation means the corporation constituted by section 8
(1) of the Act.
the
RTA means the Roads and Traffic Authority constituted under
the Transport Administration Act
1988.
vacant
land means land on which, immediately before the day on
which a notice under subclause (2) is given, or an application for development
consent referred to in clause 27 (1) is lodged, there were no buildings other
than fences, greenhouses, conservatories, garages, summer houses, private boat
houses, fuel sheds, tool houses, cycle sheds, aviaries, milking bails, hay
sheds, tables, fowl houses, pig sties, barns or the
like.
(2)
The owner of any vacant land within Zone No 5 (c)
may, by notice in writing, require:
(a)
the RTA in the case of land that is included in
the 5 year works programme of the RTA current at the time of the receipt of
the notice, or
(b)
the corporation in any other
case,
to acquire the land.
(3)
The owner of any land within Zone No 5 (c) that
is not vacant may, by notice in writing, require the RTA to acquire the land
if:
(a)
the land is included in the 5 year works
programme of the RTA current at the time of the receipt of the notice,
or
(b)
the RTA has decided not to give concurrence under
clause 27 (1) to an application for consent to the carrying out of development
on the land, or
(c)
the RTA is of the opinion that the owner of the
land will suffer hardship if the land is not acquired within a reasonable
time.
(4)
On receipt of a notice under this clause, the RTA
or the corporation, as the case may be, must acquire the land unless the land
might reasonably be required to be dedicated for public
roads.
27Development of land reserved
for roads
(1)
Despite the provisions of clause 9, a person may,
with the consent of the Council, carry out development on land within Zone No
5 (c) for a purpose for which development may be carried out on land within an
adjoining zone created by this plan.
(2)
(3)
Land acquired under this Part may be developed,
with the consent of the council, for any of the purposes permitted on land
within an adjoining zone created by this plan, until such time as it is
required for the purpose for which it was acquired.
cl 27: Am 2008 (571),
Sch 3.141 [2] [3].
28Development along particular
roads
The council must not consent to the development
of land within Zone No 4 (e) or 4 (e1) for any purpose if, as a result of
carrying out the development, there will be direct vehicular access between
that land and either Erskine Park Road or Mamre Road.
Schedule 1Definitions
(Clause 6)
abattoir means a building or place
used for the slaughter of animals, whether or not animal by-products are
processed, manufactured or distributed, and includes a
knackery.
advertisement means the display of
symbols, messages or other devices for promotional purposes or for conveying
information, instructions, directions or the like, whether or not the display
includes the erection of a structure or the carrying out of a
work.
agriculture means:
(a)
the cultivating of fruit, vegetable or flower
crops, or
(b)
the keeping or breeding of livestock, bees or
poultry or other birds, or
(c)
the cultivating of plants in a wholesale plant
nursery,
for commercial purposes, but does not include intensive
agriculture.
amusement
park means a place where amusements or mechanical or
electronic entertainments are permanently situated.
animal
establishment means a building or place used for the
breeding, boarding, training, or keeping of, or for caring for, animals for
commercial purposes, and includes a riding school and veterinary
clinic.
appointed
day means the day upon which this plan takes
effect.
boarding
house means a building or place:
(a)
where accommodation, meals and laundry facilities
are provided to the residents of the building or place,
and
(b)
which is not licensed to sell liquor within the
meaning of the Liquor Act
1982.
building includes any structure or
part thereof.
bulky
goods means large goods which are, in the opinion of the
council, of such a size and shape as to require:
(a)
a large area for handling, storage or display,
and
(b)
easy and direct vehicular access so as to allow
for their collection by customers,
but does not include food, beverages, clothing,
footwear, leisure goods, toys, agricultural products, small electrical
appliances or electronic goods.
business
premises means a building or place in which there is carried
on an occupation, profession, light industry or trade which provides a service
directly and regularly to the public, but does not include a building or place
elsewhere defined in this Schedule.
camp or
caravan site means a site used for the purpose of:
(a)
placing moveable dwellings (as defined in the
Local Government Act 1993) for permanent
accommodation or for temporary accommodation by tourists,
or
(b)
the erection, assembly or placement of cabins for
temporary accommodation by tourists.
child
care centre means a building or place used for the purpose
of supervising or caring for children which:
(a)
caters for 5 or more under school-age children
whether or not those children are related to the owner or operator of the
child care centre, and
(b)
may include an educational function,
and
(c)
may operate for the purpose of
gain,
but does not include a building or place providing
residential care for those children.
classified road means a road or work
declared under Part 5 of the Roads Act
1993 to be a main road, a secondary road, a State highway,
a tourist road, a State work, a freeway, a tollway or a controlled access road
within the meaning of that Act.
means a building or place owned or controlled by a
public authority or a body of persons which may provide for the physical,
social, cultural or intellectual development or welfare of the local
community, but does not include a club registered under the Registered Clubs Act
1976.
convenience store means a building
or place:
(a)
used for the purpose of selling, exposing or
offering for sale by retail principally groceries, smallgoods and associated
small items which is open for business in the interests of public convenience
at hours beyond the normal trading hours of a general shop (other than a small
shop) as prescribed under the Factories, Shops
and Industries Act 1962, and
(b)
used in conjunction with the sale by retail of
petrol, oil and other petroleum products.
council means the Council of the
City of Penrith.
drain means any drain used for
removing water other than sewage.
dwelling means a room or number of
rooms occupied or used, or so constructed or adapted as to be capable of being
occupied or used, as a separate domicile.
dwelling
house means a dwelling which is the only dwelling erected on
an allotment of land.
educational establishment means a
building or place used for education (including teaching) and includes:
(a)
a school, and
(b)
a tertiary institution, being a university,
college of advanced education, teachers’ college, technical college or
other tertiary college providing formal education which is constituted by or
under an Act, and
(c)
an art gallery or museum, not used to sell the
items displayed therein,
whether or not accommodation for staff and students is
provided and whether or not used for the purposes of gain.
existing
ground level means the level of a site before development is
carried out on the site in accordance with this plan.
means:
(a)
the winning or removal of extractive material
from land, or
(b)
an undertaking, not being a mine, which depends
for its operations on the winning of extractive material from the land upon
which it is carried on, and includes any washing, crushing, grinding, milling
or separating into different sizes of that extractive material on that
land.
does not include
coal, shale, petroleum, uranium or any mineral within the meaning of the
Mining Act 1992.
floor means that space within a
building which is situated between one floor level and the floor level next
above or if there is no floor above, the ceiling or roof above.
general
store means a shop used for the sale by retail of general
merchandise and which may include the facilities of a post
office.
generating works means a building or
place used for the purpose of making or generating gas, electricity or other
forms of energy.
gross
floor area means the sum of the areas of each floor of a
building where the area of each floor is taken to be the area within the outer
face of the external enclosing walls as measured at a height of 1400
millimetres above each floor level, excluding:
(a)
columns, fin walls, sun control devices, awnings
and any other elements, projections or works outside the general lines of the
outer face of the external walls, and
(b)
lift towers, cooling towers, machinery and plant
rooms, ancillary storage space and air-conditioning ducts,
and
(c)
carparking needed to meet any requirements of the
council and any internal designated vehicular or pedestrian access thereto,
and
(d)
space for the loading and unloading of goods,
and
(e)
internal public arcades and thoroughfares,
terraces and balconies with outer walls less than 1400 millimetres
high.
hazardous
industry means an industry which, when in operation and when
all measures proposed to reduce or minimise its impact on the locality have
been employed (including, for example, measures to isolate it from existing or
likely future development on other land in the locality), would pose a
significant risk in relation to the locality:
(a)
to human health, life or property,
or
(b)
to the biophysical
environment.
hazardous
storage establishment means any establishment where goods,
materials or products are stored which, when in operation and when all
measures proposed to reduce or minimise its impact have been employed
(including, for example, measures to isolate it from existing or likely future
development on other land in the locality), would pose a significant risk in
relation to the locality:
(a)
human health, life or property,
or
(b)
to the biophysical
environment.
height in relation to a building,
means the vertical distance measured between natural ground level at any point
at which the building is sited and the roof of the topmost floor of the
building above that point.
home
industry means a home occupation undertaken by the permanent
residents of the dwelling, whether or not others are also
employed.
home
occupation means the use of a dwelling or of any land
comprising, or building erected on, the allotment on which the dwelling is
located, for the purpose of an office, light industry, industry or business,
but only if:
(a)
that use is undertaken by the permanent residents
of the dwelling, and
(b)
the use does not involve the employment of
persons other than those residents, and
(c)
the use does not interfere unreasonably in any
way with the amenity of adjoining properties or the locality in which the
dwelling is situated.
hotel means premises specified or
proposed to be specified in a hotelier’s licence granted under the
Liquor Act 1982.
industry means:
(a)
any manufacturing process within the meaning of
the Factories, Shops and Industries Act
1962, or
(b)
the breaking up or dismantling of any goods or
any article for trade or sale or gain or as ancillary to any
business,
but (except in this Schedule) does not include an
extractive industry or other land use elsewhere defined in this
Schedule.
intensive
agriculture means any form of agriculture which requires the
waste, including faeces, to be disposed of on land which is not simultaneously
used for the nurturing of livestock and poultry.
intensive
livestock keeping establishment means a building or place in
which or upon which cattle, sheep, goats, poultry or other livestock are held
for the purposes of nurturing by a feeding method other than grazing and,
without limiting the generality of the foregoing, includes:
(a)
feedlots,
(b)
piggeries,
(c)
poultry farms, and
(d)
fish (including crustacean)
farms,
but does not include an animal boarding, breeding or
training establishment or land used for the keeping of livestock or poultry
intended solely for personal consumption or enjoyment by the owner or occupier
of the land.
junk
yard means land used for the collection, dismantling,
salvaging, storage or abandonment of scrap materials, goods, vehicles or
machinery and may include the ancillary sale of parts thereof.
light
industry means an industry, not being an offensive or
hazardous industry, in which the processes carried on, the transportation
involved or the machinery or materials used do not, in the opinion of the
council, interfere with the amenity of the surrounding neighbourhood by reason
of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust,
waste water, waste products, grit, oil or otherwise.
liquid
fuel depot means a depot or place used for the bulk storage
for wholesale distribution of petrol, oil, petroleum or other inflammable
liquid.
materials
recycling yard means a building or place used for
collecting, dismantling, salvaging, storing and recycling of second hand or
scrap materials for the purpose of resale, but does not include a junk
yard.
mine means an activity which depends
for its operation on the winning or removal of any material to which the
Mining Act 1992 or the Petroleum (Onshore) Act 1991 applies,
and includes the storage and primary processing of the material
obtained.
motel means premises not being a
hotel, used for the temporary or short-term accommodation of
travellers.
motor
showroom means a building or place used for the display or
sale of motor vehicles, caravans or boats, whether or not motor vehicle
accessories, caravan accessories or boat accessories are sold or
displayed.
offensive
industry means an industry which, when in operation and when
all measures proposed to reduce or minimise its impact on the locality have
been employed (including, for example, measures to isolate it from existing or
likely future development on other land in the locality), would emit a
polluting discharge (including, for example, noise) in a manner which would
have a significant adverse impact in the locality or on existing or likely
future development on the other land in the locality.
offensive
storage establishment means any establishment where goods,
materials or products are stored which, when in operation and when all
measures proposed to reduce or minimise its impact on the locality have been
employed (including, for example, measures to isolate it from existing or
likely future development on other land in the locality), would emit a
polluting discharge (including, for example, noise) in a manner which would
have a significant adverse impact in the locality or on existing or likely
future development on other land in the locality.
office
premises means a building or place used for the purpose of
carrying out professional, administrative, clerical or public duties but does
not include an office used in conjunction with or ancillary to a land use
elsewhere specifically defined in this Schedule.
parking
area means a building or place, including ground level
parking areas or deck parking structures, used for parking vehicles, and
includes any associated vehicle manoeuvring areas whether such parking area is
used for the purposes of gain or not.
recreation facility means a building
or place used for sporting activities, recreation or leisure activities,
whether or not operated for the purpose of gain, but does not include a
building or place elsewhere defined in this Schedule.
residential flat building means a
building containing three or more dwellings, but does not include a building
elsewhere defined in this Schedule.
road means a public thoroughfare
used for the passage of vehicles or animals and includes a classified
road.
service
station means a building or place used for the fuelling of
motor vehicles involving the sale by retail of petrol, oil or other petroleum
products, whether or not the building or place is also used for one or more of
the following purposes:
(a)
the hiring of trailers,
(b)
the retail selling or the installing of spare
parts and accessories for motor vehicles,
(c)
washing and greasing of motor
vehicles,
(d)
repairing or servicing of motor
vehicles,
(e)
the retail selling or hiring of small consumer
goods,
but does not include a building or place used for
vehicle body building or the panel beating or spray painting of
vehicles.
shop means a building or place used
for the purposes of selling, exposing or offering for sale by retail, goods,
merchandise or materials, but does not include a building or place elsewhere
specifically defined in this Schedule, or a building or place used for
anything else specifically defined in this Schedule.
site
filling means the use of clean, non-putrescible material
such as soil, sand, and some building materials, to change the existing round
level of an area of land.
staging
plan and management plan means a staging plan and a related
management plan adopted by the council.
standard
flood means the probable maximum flood.
1% AEP
flood is a 1% probability flood within the meaning of
Appendix C to the Floodplain Development Manual published by the Public Works
Department and available to the public at the office of the
council.
the
Act means the Environmental
Planning and Assessment Act 1979.
the
map means the map marked “Penrith Local Environmental Plan 1993 (Erskine Park
Employment Area)” as amended by the maps (or, if any
sheets of maps are specified, by the specified sheets of the maps) marked as
follows:
transport
terminal means a building or place used as an airline
terminal, a road transport terminal, a bus station or a bus
depot.
utility
installation means a building or work used for a utility
undertaking.
utility
undertaking means any undertaking carried on by or by
authority of any Government department, or in pursuance of any Commonwealth or
State Act, for the purposes of:
(a)
railway, road, water or air transport, or wharf
or river undertakings, or
(b)
the provision of sewerage, sewage treatment or
drainage services, or
(c)
the supply of water, hydraulic power, electricity
or gas, or
(d)
telecommunications facilities,
or
(e)
water quality control
facilities.
vehicle
body repair workshop means a building or place used for the
repair of vehicles or agricultural machinery, involving body building, panel
beating or spray painting.
vehicle
repair station means a building or place (other than a
vehicle body repair workshop) used for the purpose of carrying out repairs or
the selling and fitting of accessories to vehicles or agricultural
machinery.
warehouse
or distribution centre means a building or place used for
the principal purpose of storing, handling or displaying items (whether goods
or materials) which have been produced or manufactured for sale, other than
retail sale to the public from the warehouse or distribution
centre.
waste
disposal means the discharge, emission or deposit into the
environment, of any matter, whether liquid, solid, gaseous or radioactive, in
such volume, consistency or manner as to cause an alteration to the
environment, but does not include waste water disposal carried out by the
Water Board.
Schedule 2Prohibited
industries
(Clause 9)
•
abattoirs,
•
chemical factories or works,
•
crushing, grinding or milling
works,
•
extractive industries,
•
gasholders,
•
liquid, chemical, oil or petroleum waste
works,
•
liquid fuel depots,
•
metallurgical works in which more than 100 tonnes
per annum of ferrous or non-ferrous metals or their ores are
processed,
•
mines,
•
oil refineries,
•
paper or pulp works,
•
petroleum product storage and processing
works,
•
pre-mix bitumen works,
•
rubber or plastic works,
•
sawmills,
•
scrap recovery or drum reconditioning
works.
Historical
notes
Table of amending
instruments
Penrith Local
Environmental Plan 1994 (Erskine Park Employment Area)
published in Gazette No 156 of 25.11.1994, p 6921 and amended in Gazette No 4
of 8.1.1999, p 48 and as follows:
2008
(571)
State Environmental Planning Policy
(Repeal of Concurrence and Referral Provisions) 2008. GG
No 157 of 12.12.2008, p 11946.
Date of commencement, 15.12.2008, cl
3.
Table of
amendments
Cl
3
Am
8.1.1999.
Cl
14
Rep 2008
(571), Sch 3.141 [1].
Cl
27
Am 2008
(571), Sch 3.141 [2] [3].