Orchard Hills

Orchard Hills is a priority growth area identified in the Greater Penrith to Eastern Creek (GPEC) Strategic Framework.

The state-led rezoning of Orchard Hills is part of the NSW Government’s promise to deliver new homes and jobs growth, close to transport, services and public spaces in Western Sydney.

The Stage 1 Rezoning Proposal seeks to rezone part of Orchard Hills to enable it to transition from a rural area to a new urban community. It is focused on the new Orchard Hills Station and town centre to capitalise on the Commonwealth and NSW Governments' investment in Sydney Metro – Western Sydney Airport line.

You can read more information on the draft rezoning package on the NSW Planning Portal.

A staged approach to rezoning within the Orchard Hills precinct has been adopted, with the first stage centred around the new Orchard Hills Station.

A staged approach will ensure that initial development can occur around the major public transport hub and capitalise on existing sewer, water and electricity infrastructure.

Rezoning the precinct in stages will ensure the delivery of necessary infrastructure like roads, sewer and water services can keep pace with new development.

To provide landowners with information about what the broader area could look like in the future, we have also released a draft Structure Plan that identifies the proposed land uses for land outside of Stage 1. The draft Structure Plan can be viewed on the NSW Planning Portal and will guide future planning decisions, however it does not rezone land.

The Stage 1 boundaries were determined by the Wianamatta-South Creek and flood plain in the east, and south-east, the M4 in the north and the Defence Force Establishment Orchard Hills in the south.

The western study area boundary was defined by the water catchment boundary, new road infrastructure required to service Stage 1 and the proposed location of the school site, substation site, and stormwater infrastructure.

The south-east boundary in The Vines reflects the extent of the Probable Maximum Flood (PMF) in Penrith City Council’s adopted flood mapping. Avoiding additional development in this area reduces risk in the event of a major flood and provides the opportunity to retain existing executive-style homes to contribute to housing diversity in Orchard Hills.

Both the draft rezoning proposal for Stage 1 and the draft Structure Plan are available for you to view on the NSW Planning Portal. We anticipate that the Stage 1 Rezoning Proposal will be finalised in 2025, following which development applications can be submitted. The timing of future rezonings will be determined by the pace of development within Stage 1 and the pace of enabling infrastructure planning and delivery.

A number of processes are underway that may affect the mapping of avoided land through the Cumberland Plain Conservation Plan (CPCP). This includes the CPCP modification process that could result in minor amendments to CPCP mapping and enhancements to the CPCP that intend to update planning controls to clarify that avoided land should preferably be zoned C2 Environmental Conservation (or RE1 Public Recreation) at the planning proposal stage.

To allow these processes to progress further, land within Stage 1 that is identified as 'avoided land' is not proposed to be rezoned as part of the Orchard Hills Stage 1 rezoning. This means that there is no change to land zoning or other planning controls that apply to this land.

Other land within Stage 1 that is not proposed to be rezoned includes land that is flood affected (below the 1% Annual Exceedance Probability) or is already zoned C2 Environmental Conservation or RE1 Public Recreation.

As Orchard Hills is currently a rural-residential area, a significant amount of new and upgraded infrastructure will be required to support new homes in the precinct.

Existing water, wastewater and electricity capacity is available to service some of the development expected to occur in Stage 1. Upgrades to utility infrastructure will be needed to service both the remainder of Stage 1 and other stages of development within the broader Precinct.

Some of this infrastructure will be provided by the NSW Government, while a significant amount is proposed to be provided by Penrith City Council. Private developers may also provide some of the infrastructure that is needed.

The draft rezoning proposal includes information about what infrastructure is needed and the potential funding sources for this infrastructure, including the different types of developer contributions that may apply. The proposed development contributions will only apply where a landowner seeks to develop their land for urban purposes.

The Cumberland Plain Conservation Plan (CPCP) was developed by the NSW Government to balance development and biodiversity outcomes in Western Sydney. It was approved by the NSW Minister for the Environment in August 2022 and approved by the Commonwealth Minister for Environment and Water in March 2024. It includes the identification of 'avoided land' which is land that has been 'avoided from development' under the CPCP as it represents areas of high biodiversity value to be protected. Avoided land has overlying planning controls that prevent further impacts on biodiversity by limiting the clearing of native vegetation.

Avoided land in Orchard Hills supports remnant Cumberland Plain Woodland and Shale Gravel Transition Forest which are threatened ecological communities under both NSW and Commonwealth biodiversity legislation.

A number of processes are currently underway that affect Cumberland Plain Conservation Plan (CPCP) avoided land, including a modification process that could result in minor amendments to CPCP mapping, and work being undertaken by the Department of Climate Change, Energy, Environment and Water (DCCEEW) to improve the plan. To allow these processes to progress further, land within Stage 1 that is identified as 'avoided land' is not proposed to be rezoned as part of the Orchard Hills Stage 1 rezoning. This means that there is no change to land zoning or other planning controls that apply to this land.

'Avoided land' will be rezoned (by state rezoning or planning proposal) in the future to better-align with the land use constraints that exist. Avoided land would likely be rezoned to either C2 Environment Conservation or RE1 Public Recreation (with restricted permissible uses). An RE1 zoning, accompanied by acquisition provisions and funding, would enable parts of this land to be incorporated into the open space network, with restrictions in place to protect areas of high biodiversity value.

A decision to not rezone 'avoided land' to C2 or RE1 zones now ensures that these land use zones will only be applied to the most appropriate areas.

For more information go to Cumberland Plain Conservation Plan or email [email protected]

Under the Stage 1 rezoning, building heights are proposed to increase to a maximum of:

• Up to 73 metres (22 storeys) on two key sites proposed to be rezoned as MU1 Mixed Use near the Orchard Hills Station, to enable the development of 2 landmark developments.
• 42 metres (12 storeys) for most land proposed to be rezoned as MU1 Mixed Use.
• 28 metres (8 storeys) for land proposed to be rezoned as R4 High Density Residential.
• 12 metres (3 storeys) for land proposed to be rezoned as R3 Medium Density Residential.

For more information on the planning control changes proposed under this draft rezoning proposal, view the Explanation of Intended Effect (EIE) document on the NSW Planning Portal.

Rates are levied based on land valuations supplied by the NSW Valuer General to councils. Land values are determined on 1 July each year in line with the Valuation of Land Act 1916. They are provided to councils at least once every three years for rating purposes and to Revenue NSW every year for land tax purposes.

Property sales are the most important factor valuers consider when determining land values. In areas where significant infrastructure investment and/or a rezoning has occurred, or is proposed, there may be changes to property sale prices which is then reflected in land values.

It is important to note that regardless of changes in land valuations, the total amount of rates income a council may levy is limited by rate pegging determined by the Independent Pricing and Regulatory Tribunal (IPART).

To find out more about how Penrith City Council calculates rates and to discuss your situation, phone the Rates Coordinator at Penrith City Council on 4732 7777 or email [email protected]

The draft plans were available for public feedback between 31 October 2024 and 6 February 2025 on the NSW Planning Portal.

We are now reviewing all feedback received during the exhibition period and using this to inform the finalisation of the Stage 1 Rezoning Proposal and Structure Plan. A finalisation report outlining how the feedback was taken into consideration will be prepared. It is expected that the plan and rezoning will be finalised in 2025.

Following the finalisation of the rezoning, Penrith City Council will be the consent authority for the majority of development in Stage 1.

You can find more information on the draft Stage 1 Rezoning Proposal on the NSW Planning Portal.

If you would like to speak with a representative from the Department about what these plans mean for your property, email [email protected] or phone 1300 305 695 to request a meeting.

You can also contact the Independent Community Commissioner for Orchard Hills, Professor Roberta Ryan, to discuss this rezoning proposal and the impact it may have on your property. To discuss this proposal with Roberta, contact Kate Robinson from the commissioner’s office by phoning 0408 115 467 or emailing [email protected]

We have consulted extensively with Penrith City Council as we have prepared the draft plans for Orchard Hills. Where possible, we have addressed council’s feedback and incorporated its unique understanding of its community and stakeholders in the draft plans.

During public exhibition, council also had the opportunity to provide the Department feedback on the plans and its proposed role in delivery of infrastructure.

Following the public exhibition period, we will brief council on the submissions made in response to the exhibition and continue to work closely with council before finalising the plans.

Once the rezoning is finalised, council is likely to have a critical role in working with industry and the Orchard Hills community to deliver local infrastructure, including roads, open space and recreation facilities, stormwater and flood-related infrastructure, and in the assessment of development applications.

A rezoning proposal seeks to change the land use zones that apply to an area of land. In this case, we are proposing a range of new land use zones for Orchard Hills.

Land that is proposed to be rezoned for residential or commercial uses is not proposed for acquisition. This applies for most of the land within the Orchard Hills Stage 1 Rezoning Proposal as it is proposed for residential or commercial uses.

When land is rezoned for new residential and/or commercial land uses, often some land is needed for public purposes including parks, roads and drainage infrastructure. This land is proposed to be rezoned as either RE1 Public Recreation (to enable parks and playing fields) or SP2 Infrastructure (to enable new and widened roads and drainage infrastructure).

Only land that is proposed to be rezoned RE1 or SP2 is identified for potential acquisition in the draft Orchard Hills Rezoning Proposal.

To enable Orchard Hills to transition to an urban community some landowners located within the Stage 1 rezoning area will be impacted by proposed land acquisition. The extent of proposed acquisition varies, from thin strips of land to facilitate widening of existing roads, through to partial or full acquisition.

Land proposed for acquisition is required for the delivery of essential community services including roads, a school, open space, recreation facilities, and stormwater and electrical infrastructure. The draft plans also flag that land acquisition may also be required for community facilities, adjacent to the proposed new main street.

Land that is proposed to be acquired is also proposed to be rezoned in the existing Penrith Local Environmental Plan 2010 (Penrith LEP 2010) from its existing land use zone. It will either be a Special Purpose land use zone (referred to as SP2 on the draft land zoning map), or a Public Recreation zone (referred to as RE1). It will also be identified for acquisition on the draft statutory Land Reservation and Acquisition map.

It is important to note that the proposed acquisitions are draft only and will not become formal acquisition proposals until the rezoning is finalised.

More detail is provided in the draft zoning and Land Reservation and Acquisition maps and Explanation of Intended Effect available to view on the NSW Planning Portal.

Following public exhibition, we will review all feedback provided by the community and other stakeholders before finalising the Orchard Hills Stage 1 Rezoning Proposal and structure plan in 2025.

Proposed acquisitions are draft only and will not become formal acquisition proposals until the rezoning is finalised.

Once finalised the Penrith LEP 2010 will be amended to identify land proposed for future acquisition within the precinct.

Development within Orchard Hills will occur over many years and in most cases, land identified for acquisition will not be required immediately. Acquisitions will be progressed by the relevant acquisition authority as it is needed for its nominated public purpose.

Acquisition authorities will be listed in the Penrith LEP 2010 when the Stage 1 Rezoning Proposal is finalised.

Once the Stage 1 rezoning is finalised, the identified acquisition authority will be able to provide more information on the acquisition process.

Acquisition of properties by the NSW Government is governed by the Land Acquisition (Just Terms Compensation) Act 1991. The Act prescribes that: the amount of compensation will be not less than the market value of the land (unaffected by the proposal) at the date of acquisition.

Market value is the amount that would have been paid for the property if it had been sold on the open market if the proposed project or public purpose did not exist.

We understand that being identified for potential land acquisition can cause concern for impacted landowners.

The Department engaged with landowners impacted by proposed acquisition as part of the public exhibition process, ensuring they understand the potential impact of the draft plans.

You can read more information on the draft rezoning package on the NSW Planning Portal. You can also email the Orchard Hills project team at [email protected] or phone 1300 305 695, Monday to Friday (9 am to 5 pm).

For general information on the acquisition process in NSW, residents can contact the NSW Government’s Centre for Property Acquisition or by phoning 1300 029 146.

The Centre for Acquisition also provides access to counselling support through the Property Acquisition Support Line delivered by a team of qualified psychologists and social workers. This is a free, independent and confidential service. You can phone the Property Acquisition Support Line on 1300 089 551 24 hours a day, 7 days a week.

You can also contact the Independent Community Commissioner for Orchard Hills, Professor Roberta Ryan, to discuss this rezoning proposal and the impact it may have on your property. To discuss this proposal with Roberta, contact Kate Robinson from the commissioner’s office by phoning 0408 115 467 or emailing [email protected]