Penrith Local Environmental Plan 1998 (Urban Land)
12Building envelopes, heights, landscaped areas and rear boundary setbacks for development that requires consent
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12 Building envelopes, heights, landscaped areas and rear boundary setbacks for development that requires consent
12 Building envelopes, heights, landscaped areas and rear boundary setbacks for development that requires consent
(1) The objective of this clause is to prescribe building envelopes, external wall heights, landscaped areas and rear boundary setbacks which—
(a) achieve site-responsive development at a scale which is compatible with existing housing in the locality by controlling visual impacts relating to height and bulk, and
(b) minimise the impact of loss of privacy, overshadowing and loss of views, and
(c) achieve an appropriate separation between buildings and site boundaries and preserve private open space corridors along rear fence lines, and
(d) protect and enhance the environmental features, which are characteristic of each of the residential zones, by requiring sufficient space on-site for effective landscaping and on-site stormwater detention.
(2) For the purposes of this clause—
building envelope for a site means a height plane over the site at 45 degrees from a specified height above natural ground level at the side boundaries of the site, as described in Diagram 1.
external wall height of a building means the vertical distance measured between natural ground level at any point at which the building is sited and the topmost point of any external or enclosing wall within the development site, but excluding the sides and faces of any dormer windows, as described in Diagram 1.
landscaped area, of a site, means that part of the site not occupied by a building and which is predominantly landscaped with gardens, lawns, shrubs and trees and is available for the use and enjoyment of the occupants of the site. It does not include areas used for driveways, parking areas, garbage storage areas or any area less than 2 metres wide, except a verge at least 1 metre wide that is located next to a driveway and landscaped with trees and shrubs, but may include a verandah associated with a landscaped area.
verandah associated with a landscaped area means a verandah that—
(a) is attached to a dwelling, and
(b) is associated with a landscaped area that is designated open space for that dwelling and which is not greater than 15m2 in area.
(3) The council must not grant consent to development that involves the erection of a building in Zone No 2 (a1), 2 (a), 2 (b), 2 (c), 2 (d) or 2 (e) unless the building is wholly within the building envelope, and does not contravene the maximum external wall height or minimum landscaped area, for the zone calculated in accordance with Table 4 below—
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