Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) (NSW)

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Part 1Preliminary1Name of plan

This plan may be cited as Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation).

2Heritage aims and objectives(1)

The general aim of this plan is to assist in the conservation and enhancement of the heritage items and heritage conservation areas of the City of Penrith.

(2)

The particular objectives of this plan are—

  • (a)

    to identify heritage items and heritage conservation areas,

  • (b)

    to integrate heritage conservation into the planning and development control processes,

  • (c)

    to provide for public involvement in the matters relating to the conservation of the area’s environmental heritage,

  • (d)

    to control the demolition of heritage items and other buildings and works within heritage conservation areas,

  • (e)

    to identify those matters requiring consideration by developers and by the Council during processing of development applications,

  • (f)

    to ensure that new development is undertaken in a manner that is sympathetic to, and does not detract from, the heritage significance of the items and their settings, as well as streetscapes and landscapes and the distinctive character that they impart to the land to which this plan applies,

  • (g)

    to provide incentives to owners of heritage items, and

  • (h)

    to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts.

cl 2: Am 2020 (724), Sch 1.11[1] [2].

3Land to which plan applies(1)

This plan applies to all land within the City of Penrith.

(2)

This plan does not apply to the heritage items specified in Part 3 (Deferred heritage items) of Schedule 2.

4Relationship to other environmental planning instruments(1)

In the event of an inconsistency between this plan and any other local environmental plan or deemed environmental planning instrument, this plan shall prevail to the extent of the inconsistency.

(2)

In the event of an inconsistency between this plan and State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Chapter 5, the State environmental planning policy shall prevail to the extent of the inconsistency.

(3)

Clauses 6, 9 and 10 of State Environmental Planning Policy No 4—Development Without Consent do not apply to a heritage conservation area within the meaning of this plan.

cl 4: Am 2012 (57), Sch 2.1 [1]; 2022 (72), Sch 1.36.

5Amendment of certain other environmental planning instruments(1)

Each interim development order specified in Column 1 of Part 1 of Schedule 1 is amended by inserting after the clause specified in Column 2 of that Schedule opposite that order the following clause, numbered as shown in Column 3 of that Schedule opposite that order—

Relationship to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation)

In the event of an inconsistency between this Order and Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation), that plan shall prevail to the extent of the inconsistency.

(2)

Each local environmental plan specified in Column 1 of Part 2 of Schedule 2 is amended by inserting after the clause specified in Column 2 of that Schedule opposite that plan the following clause, numbered as shown in Column 3 of that Schedule opposite that plan—

Relationship to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation)

In the event of an inconsistency between this plan and Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation), that plan shall prevail to the extent of the inconsistency.

(3)

Penrith Planning Scheme Ordinance is amended by inserting after clause 1 the following clause—

1ARelationship to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation)

In the event of an inconsistency between this Ordinance and Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation), that plan shall prevail to the extent of the inconsistency.

(4)

Penrith Local Environmental Plan No 43 is further amended by omitting clause 12 (b).

(5)

Penrith Local Environmental Plan No 179 is further amended—

  • (a)

    by omitting from clause 5 (1) the definitions of demolition, item of environmental heritage, relic and renovation,

  • (b)

    by omitting clauses 13, 14, 15 and 16.

6Definitions

In this plan—

alter, in relation to a heritage item or to a building or work within a heritage conservation area, means—

  • (a)

    make structural changes to the outside of the heritage item, building or work, or

  • (b)

    make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work, other than changes that maintain existing detail, fabric, finish or appearance of the outside of the heritage item, building or work.

appointed day means the day upon which this plan takes effect.

Council means the Council of the City of Penrith.

demolition, in relation to a heritage item or to a building, work, relic or place within a heritage conservation area, means the damaging, defacing, destruction, pulling down or removal of the heritage item, building, work, relic or place in whole or in part.

heritage conservation area means the land—

  • (a)

    shown edged heavy black, stippled and marked “Heritage Conservation Area” on the map, and

  • (b)

    described in Part 2 of Schedule 2.

heritage item means a building, work, relic, tree or place of heritage significance—

  • (a)

    situated on land shown edged heavy black on the map, and

  • (b)

    described in Part 1 of Schedule 2.

heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.

maintenance means the continuous protective care of the fabric of a heritage item and its setting.

relic means any deposit, object or material evidence (terrestrial or underwater) relating to the use or settlement of the land to which this plan applies which is 50 or more years old.

the Act means the Environmental Planning and Assessment Act 1979.

the map means the map marked “Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation)” and deposited in the office of the Council.

7Consent authority(1)

The Council shall be the consent authority for the purposes of this plan.

(2)

Despite subclause (1), the Minister shall be the consent authority for the purposes of this plan in respect of land to which State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Chapter 5 applies.

cl 7: Am 2012 (57), Sch 2.1 [2]; 2022 (72), Sch 1.36.

Part 2Special provisions8Heritage items(1)

A person must not, in respect of a building, work, tree, relic or place that is a heritage item—

  • (a)

    demolish or alter the building or work,

  • (b)

    damage or move the relic,

  • (c)

    excavate for the purpose of exposing the relic,

  • (d)

    damage or despoil the place or tree,

  • (e)

    erect a building on, or subdivide, land on which the building, work or relic is situated or that comprises the place, or

  • (f)

    damage any tree on land on which the building, work or relic is situated or on the land which comprises the place,

except with the consent of the Council.

(2)

An applicant for consent required by this clause must lodge with the Council a statement which includes reference to the following matters—

  • (a)

    the significance of the item as a heritage item,

  • (b)

    the extent to which the proposal would affect the heritage significance of the item and its site,

  • (c)

    whether any stylistic, horticultural or archaeological features of the item or its site should be retained,

  • (d)

    whether the item constitutes a danger to the users or occupiers of that item or to the public,

  • (e)

    whether the permanent conservation of the building or work is considered necessary,

  • (f)

    the probability of the building or work being incapable of reasonable or economic use.

(3)

The Council must, in determining an application required by this clause, take into consideration the matters listed in subclause (2).

Note—

The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).

cl 8: Am 2008 (571), Sch 3.140 [1].

9Development in the vicinity of heritage items

The Council must not grant consent to an application to carry out development on land in the vicinity of a heritage item unless it has made an assessment of the effect the carrying out of that development will have on the heritage significance of the item and its setting.

10Heritage conservation areas(1)

A person must not, in respect of a heritage conservation area—

  • (a)

    demolish or alter a building or work within the area,

  • (b)

    damage or move a relic within the area,

  • (c)

    excavate for the purpose of exposing a relic within the area,

  • (d)

    damage or despoil a place or tree within the area, or

  • (e)

    erect a building on, or subdivide, land within the area,

except with the consent of the Council.

(2)

An applicant for consent to erect a building required by this clause must lodge with the Council a statement which includes reference to the following matters—

  • (a)

    the pitch and form of the roof,

  • (b)

    the style, size, proportion and position of the openings for windows and doors,

  • (c)

    whether the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building are compatible with the materials used in the existing buildings in the heritage conservation area.

(3)

The Council must, in determining an application required by this clause, take into consideration—

  • (a)

    the matters listed in subclause (2), and

  • (b)

    the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage conservation area.

11

(Repealed)

cl 11: Am 24.9.1999; 2008 (571), Sch 3.140 [2]. Rep 2021 (716), Sch 1.16.

12Conservation incentives relating to heritage items(1)

Nothing in this plan prevents the Council from granting consent to an application—

  • (a)

    to use, for any purpose, a building that is a heritage item or the land on which the building is erected, or

  • (b)

    to use, for any purpose, a building within a heritage conservation area or the land on which that building is erected,

if it is satisfied that—

  • (c)

    the proposed use would have little or no adverse effect on the amenity of the area, and

  • (d)

    the conservation of the building is unlikely unless the Council grants consent as referred to in this clause.

(2)

When considering an application to carry out development on land upon which there is situated a heritage item, the Council may vary the provisions of any applicable codes, policies and development control plans of the Council if the Council is satisfied that the conservation of the heritage item depends upon the Council granting consent to the application.

13Standards that cannot be used to refuse consent—playing and performing music(1)

The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—

  • (a)

    the playing or performance of music, including the following—

    • (i)

      the genre of music played or performed, or

    • (ii)

      whether the music played or performed is live or amplified, or

    • (iii)

      whether the music played or performed is original music, or

    • (iv)

      the number of musicians or live entertainment acts playing or performing, or

    • (v)

      the type of instruments played,

  • (b)

    whether dancing occurs,

  • (c)

    the presence or use of a dance floor or another area ordinarily used for dancing,

  • (d)

    the direction in which a stage for players or performers faces,

  • (e)

    the decoration to be used, including, for example, mirror balls, or lighting used by players or performers.

(2)

The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.

(3)

In this clause—

licensed premises has the same meaning as in the Liquor Act 2007.

cl 13: Ins 2020 (724), Sch 3.

Schedule 1

(Clause 5 (1))

Part 1

Column 1

Column 2

Column 3

Environmental Planning Instrument

Clause after which new clause is to be inserted

Number of new clause

Interim Development Order No 2—City of Penrith

1A

1B

Interim Development Order No 11—City of Penrith

1

1A

Interim Development Order No 14—City of Penrith

1

1A

Interim Development Order No 15—City of Penrith

1

1A

Interim Development Order No 20—City of Penrith

1

1A

Interim Development Order No 21—City of Penrith

1

1A

Interim Development Order No 23—City of Penrith

1

1A

Interim Development Order No 24—City of Penrith

1

1A

Interim Development Order No 25—City of Penrith

1

1A

Interim Development Order No 26—City of Penrith

1

1A

Interim Development Order No 27—City of Penrith

1

1A

Interim Development Order No 28—City of Penrith

1A

1B

Interim Development Order No 29—City of Penrith

1A

1B

Interim Development Order No 31—City of Penrith

1

1A

Interim Development Order No 38—City of Penrith

1

1A

Interim Development Order No 39—City of Penrith

1

1A

Interim Development Order No 42—City of Penrith

1

1A

Interim Development Order No 44—City of Penrith

1

1A

Interim Development Order No 47—City of Penrith

1

1A

Interim Development Order No 48—City of Penrith

1

1A

Interim Development Order No 49—City of Penrith

1

1A

Interim Development Order No 52—City of Penrith

1

1A

Interim Development Order No 53—City of Penrith

1

1A

Interim Development Order No 54—City of Penrith

1

1A

Interim Development Order No 56—City of Penrith

1

1A

Interim Development Order No 57—City of Penrith

1

1A

Interim Development Order No 60—City of Penrith

1

1A

Interim Development Order No 62—City of Penrith

1

1A

Interim Development Order No 63—City of Penrith

1

1A

Interim Development Order No 67—City of Penrith

1

1A

Interim Development Order No 69—City of Penrith

1

1A

Interim Development Order No 70—City of Penrith

1

1A

Interim Development Order No 74—City of Penrith

1

1A

Interim Development Order No 75—City of Penrith

1

1A

Interim Development Order No 76—City of Penrith

1A

1B

Interim Development Order No 78—City of Penrith

1

1A

Interim Development Order No 81—City of Penrith

1

1A

Interim Development Order No 83—City of Penrith

1A

1B

Interim Development Order No 86—City of Penrith

1

1A

Interim Development Order No 87—City of Penrith

1

1A

Interim Development Order No 93—City of Penrith

1A

1B

Interim Development Order No 95—City of Penrith

1

1A

Part 2

Penrith Local Environmental Plan No 37

1

1A

Penrith Local Environmental Plan No 43

1

1A

Penrith Local Environmental Plan No 52

1

1A

Penrith Local Environmental Plan No 85

1

1A

Penrith Local Environmental Plan No 96

1

1A

Penrith Local Environmental Plan No 105

1

1A

Penrith Local Environmental Plan No 150

1

1A

Penrith Local Environmental Plan No 164

1

1A

Penrith Local Environmental Plan No 174

1

1A

Penrith Local Environmental Plan No 179

1

1A

Penrith Local Environmental Plan No 188

1

1A

Penrith Local Environmental Plan No 201

1

1A

Schedule 2

(Clause 6)

Part 1Heritage items

Inventory No

Name

Address

Agnes Banks

AB2

Farmhouse and outbuildings

Part Portion 27, Springwood Road

AB3

Former Agnes Banks Public School

Lot 1, DP 776886, Castlereagh Road

AB4

St. Pauls Anglican Church and trees

Portion 28, Castlereagh Road

AB5

Osborne including dwelling, detached kitchen and cellar, early slab barn and plantings around dwelling, outbuildings and gateposts

Lot 11, DP 716405, Castlereagh Road

AB6

Chestnut—dwelling and trees

Lot 12, DP 716405, Castlereagh Road

AB7

Tyreel—dwelling and barn

Lot 1, DP 739177, Castlereagh Road

AB9

Federation farmhouse and trees

Lot 4, DP 570547, Castlereagh Road

AB11

Agnes Banks Nature Reserve and adjacent vegetation

Portions 149, 157, 158, 159, 206, 208, 209, 210, 278, Lots 43 and 44, DP 585210, Lots 1 and 2, DP 566898, Lot B, DP 444984, Rickards Road

Castlereagh

C2

Former Castlereagh Council Chambers

Part Portion 41, Castlereagh Road

C3

Memorials—Smith Park

Castlereagh Road

C4

Former Castlereagh Public School

Lot 2, DP 780559, West Wilchard Road

C5

Victorian farmhouse

Part Portion 42, Castlereagh Road

C6

Ruins of stone stables

Part Portion 43, Castlereagh Road

C7

Slab cottage

Lot 1, DP 120872, Castlereagh Road

C10

Farmhouse, garden planting and natural vegetation

Lot 1, DP 574481, Church Lane

C12

Christchurch, Anglican Church

Lot 27, DP 581747, Church Lane

C13

Ruins of pise house

Portion 280, Church Lane

C15

Site of Fultons Church School

Church Street, Portions 287 and 288

C16

Castlereagh General Cemetery and trees

Portion 281, Church Street

Cranebrook

CR1

Late Victorian farmhouse

Lot 56, DP 809405, Grays Lane

CR2

Kenilworth—dwelling and trees

Part Lot 5, DP 251769, Boundary Road

CR4

Former Cranebrook Public School (1883 buildings)

Lot 22, DP 809521, Cranebrook Road

CR5

Johnson’s Cottage

Lots 18–20, Sec A, DP 1613, 20 Nepean Street

CR8

The Poplars—old slab cottage, pise house and garden

Lot 2, DP 229462, Wrights Lane

CR9

McCarthys Farm, tree and archaeological remains

Portion 82, McCarthys Lane

Emu Plains

EP1

Emu Hall—including dwelling, outbuildings and trees

Lot 2, DP 614436, Great Western Highway

EP2

Former police station and residence including trees

Lot A, 1 Punt Road

EP3

Old police station

Lot 8, DP 228204, Great Western Highway

EP5

Cottage

Lot 1, DP 563123, 14 York Street

EP6

Former Union Inn including trees

Lots 1–4, DP 342116, 36 Great Western Highway

EP9

Concrete house

Part Lot 3, DP 62051, 2 Railway Street

EP10

Railway station—1883 building

Railway land, Station Street

EP11

Weatherboard house

Part Lot A, DP 152716, 66 Great Western Highway

EP12

Former Australian Arms Inn

Part Portion 86, Great Western Highway

EP13

Arms of Australia Inn

Lot 22, DP 242300, Great Western Highway

EP14

Stone house

Lot 11, DP 242913, 143 Great Western Highway

EP15

Westbank

Lot 1, DP 620712, 2–6 Nepean Street

EP16

Yodalla including dwelling and garden

Lot 42, DP 524161, 26–28 Nepean Street

EP18

Lewers Bequest and Penrith Regional Art Gallery—including gallery and garden

Lot 3, DP 504935, 86 River Road, Lot B1, DP 419667

EP19

Huntington Hall—including dwelling and garden

Lots 12, 13 and 15, DP 243048, 54 Beach Street

EP20

Melrose Hall

Emu Park, Great Western Highway

EP21

Orange Grove Cottage

Lot 1, DP 703497, Park Street

EP22

War Memorial

Emu Park, Park Street

EP23

Former Emu Plains Public School including trees

Great Western Highway

EP24

St. Pauls Anglican Church and Emu Plains General Cemetery including trees

Lot 1, DP 724148, Lot 1, DP 798650 and adjoining cemetery land bounded by Short, Mundy and Nixon Streets and the Great Western Railway

EP25

Yamba

Lot 116, DP 242303, 32 Nixon Street

EP27

Uniting Church

Lot 2, DP 604241, Emerald Street

EP28

Edwardian Cottage including dwelling and well

Lot 1, DP 588952, 46 Russell Street

EP29

Parkinson Real Estate

Lot 110, DP 802233, Great Western Highway

EP30

Emu Plains Assembly Hall

Lot 1, DP 780531, Great Western Highway

EP32A

House

Lot 22, DP 250032, 13 Hessel Place

EP32B

Gosling Street and Hessel Place Reserve

Lot 2, DP 591067, Gosling Street

EP32C

Bellbird Reserve

Lot 101, DP 577779, Barina Crescent

EP34

Gwandalan—dwelling and garden

Lot 11, DP 520503, Gwandalan Street

Jamisontown

J2

Workmens cottages

Lots 1, 2, 3, DP 1806, Mulgoa Road

J4

Madang Park—dwelling and trees

Lot 2, DP 567225, Jamison Road

Kingswood

K1

Former Penrith Brick Company—kiln and chimney

Part Lot 11, Vol 2084, Fol 836, Copeland Street

K2

Penrith General Cemetery

Bounded by Copeland Street, Richmond Road and Cox Avenue

K3

Kingswood Public School 1892—classroom and teacher’s residence

Lot 1, DP 794501, Second Avenue

K5

Federation house and garden

Lot 56, DP 770240, 6 First Street

K6

St. Phillips Anglican Church

Corner Lot 1, Sec 10, 32 Bringelly Road

Kemps Creek

KC3

Bayly Park

Lot 35, DP 258414, Mamre Road

KC4

Gateposts to Colesbrook

Lot 8, DP 253503, Mamre Road

KC5

Farmhouse

Lot 14, DP 253503, Aldington Road

Leonay

L1

Knapsack Gully Railway Viaduct

Railway land

L2

Edinglassie

Lot 185, DP 233104, Bunyan Road

L3A

Leo Buring Cottage including dwelling, barn, glasshouse and memorial

Lot 1, DP 499830, Leonay Parade

L4

Site of Edinglassie

Lots 102, DP 235829, Lot 2, DP 242718, Lapstone Place

Llandilo

LL1

Cottage—including dwelling, slab barn and slab shed

Lot 269, DP 2147, Seventh Avenue

Londonderry

LO1

Londonderry Cemetery

Wesleyan Cemetery, Londonderry Road

Luddenham

LU1

Brick cottage

Part Lot 2, Sec A, DP 1452, Park Road

LU2

Brick cottage

Part Lot 1, Sec A, DP 1452, Campbell Street

LU3

Dwellings

Part Lot 16, DP 1665, No 29 and DP 340800, No 41 The Northern Road

LU4

Luddenham Progress Hall

Lot 7, DP 1655, The Northern Road

LU5

Luddenham Uniting Church and Cemetery

Lot 8, DP 1655, The Northern Road

LU6

St. James Anglican Church and Cemetery

Lot 2, DP 529143, The Northern Road

Mulgoa

MV6

Mulgoa Public School 1883 residence and classroom

Lot 1, DP 782175, Mulgoa Road

MV7

Cottage—c 1890 weatherboard cottage

Lot 1, DP 2120, corner Littlefields Road and Winbourne Road

MV8

Passadena—dwelling

Lot 1, DP 227674, Allan Road

MV9

St. Marys Catholic Church

Lot 10, Sec E, DP 2121, corner Mulga Road and Winbourne Road

Nepean River

NR2

Penrith Weir and Former Pumping Station

Lot 1, DP 233967, Memorial Avenue

NR3

“Little Manly”

Water Resources Commission land and reserve

NR4

Victoria Bridge

Great Western Highway

NR5

Ferry Crossing—including Ferry Road and Punt Road

Ferry Road and Punt Road

NR6

Rowing course

NR9

Sites of early water mills

Various lots

Orchard Hills

OH2

Farmhouse

Lot 6, DP 1344, corner Caddens Road and Kingswood Road

OH3

Orchard Hills Uniting Church

Lot 1, DP 923077, Kingswood Road

Penrith

P1

Edwardian cottage

Lot 1, DP 745675, 323 Castlereagh Road

P2

The Lodge

Lot 8, DP 979378, Camden Street

P3

Victorian house

Lot 1, DP 623919, 322 Castlereagh Road

P4

Craithes—dwelling, trees, outbuildings and carriage loop

Lot 2, DP 802406, Borec Road

P4 (A)

Avenue and garden planting—trees, driveway and gates

Lots 5–8 (inclusive),

DP 802407,

Lemko Place

P5

Combewood—house, garden and original entrance drive

Part Lot 2, DP 223874 and Lots 54, 55, DP 237090, Castlereagh Road

P5 (A)

Combewood—trees

Lots 51, 52 and 53, DP 237090, Castlereagh Road

P6 (B)

Thornton Hall

Lot 1, DP 33753, The Crescent

P7 (A)

Lemon Grove Lodge

Lot C1, DP 162091,

24 Lemongrove Avenue

P8

Former rectory

Lots 5 and 5A, DP 39162, 95 Glebe Place

P9

Governor Phillip Special Hospital—original building

Lot 1, DP 213072, Glebe Place

P10

Timber cottage

Part portion 15, Bk 1367, No 210, 71 Parker Street

P12

Penrith Infants Department—1867 and 1884 buildings

Lot 1, DP 724160 and school site, Henry Street

P13

Former Methodist Church

Lot 22, DP 586469, Henry Street

P14 (A)

Two storey brick cottage

Lots 5 and 6, DP 175, 7 Lawson Street

P16

Former station master’s house

Railway land, 57 Belmore Street

P17

Penrith Railway Station—1880 and 1890 buildings

Railway land, Jane Street

P18

Penrith Council Chambers

Lot 3, DP 78774, Henry Street

P21

Memorial Park

Memory Park, corner High Street and Woodriff Street

P22

Cram Place—including 1879 building, coach house, well and pump and cast iron boundary fence

Lot 1, DP 527986, 338–340 High Street

P24

St. Stephens Anglican Church, Church Hall and Cemetery

Lots 101 and 102, DP 597910, 252 High Street

P25

St. Aubin’s Terrace—six terraces

Lot 3, DP 955837 and Lot 4, DP 972, 255–265 High Street

P26

Penrith Public School 1917 building and palm trees

School site, corner High Street and Doonmore Street

P27

Victorian terrace

Lot 2, DP 224062, 219–221 High Street

P29

Victorian villa

Lot 81, DP 526298, 150 Lethbridge Street

P30

Broadville

Lot 910, DP 717451, corner Station Street and The Broadway

P31

Kentucky

Lot 11, DP 715161, 146 Station Street

P32

Victorian house

Lot 80, DP 709313, 148 Station Street

P34

Victorian house—dwelling and camphor laurel tree

Lot 1, DP 21745, 48 Warwick Street

P35

The Cottage—dwelling and pine tree

Part Lot 11 Sec 16, DP 1582, 39 Warwick Street

P36

Victorian house

Lot 2, DP 206095, 6 Rawson Avenue

P39

Penrith Ambulance Station—1936 building

Lot 12, DP 37829, High Street

P41

Explorers Memorial

Road, Memorial Avenue

P42

Former Penrith Power Station

Lot 2, DP 740326, Castlereagh Road

Penrith City

PC1

Nepean River

Various

Regentville

R1

Sir John Jamison’s Cemetery

Lot 1, DP 724391 and Lot 1, DP 723986, Lilac Place

R2

Regentville Public School—1881 and 1910 buildings

School site, School House Road

R3

Site of Regentville

Lot 32, DP 619838,

Lot 26 DP 718103, Mulgoa Road

R4

Mulgoa Conservation Area

Part Lot 32, DP 619838, Part Lot 3, DP 214871, Part Lot 6, DP 540986, Part Lot 1, DP 983572, Part Lot 998, DP 802042,

Part Portion 30, Luttrell Street

R7

House

Lot 1, DP 16540

Lot 2, DP 16540,

Lot 3, DP 16540, Bundarra Road

Lot 19, DP 16540, Factory Road

St. Marys

SM1

Site of Dunheved Homestead

Lot 1, DP 789196, Links Road

SM5

St. Marys Railway Station—waiting room and parcels office

Railway land, corner Station Street and Queen Street

SM6

Sawmill Precinct

Various lots and railway land, Station Street and Harris Street

SM8

Former tannery sites

Brells Tannery

Webbs Tannery

Paskins Tannery

Samuel Thompsons Tannery

Desboroughs Tannery

Various lots

SM9

Site of Bennetts Wagon Works

Various lots between Crana Street and Great Western Highway

SM10

Cottages

Lot 1, DP 710777, and Lot 1, DP 783200, and Lot 1, DP 742493, 38–42 Gidley Street

SM11

Bronte

Lot 4, DP 38617, 50 Gidley Street

SM12

Mourilyan—original section of house

Bk 1313, No 747, 333 Great Western Highway

SM13

St. Mary Magdalene Anglican Church and Cemetery

Cemetery site, corner King Street, Magdalene Street and Great Western Highway

SM14

St. Marys General Cemetery

Cemetery site, corner Sydney Street and Great Western Highway

SM15

Mile stones

Various locations along Great Western Highway

SM16

Former St. Marys Council Chambers

Lot 6, DP 974985, Mamre Road

SM18

St. Marys Public School—1877 and 1892 buildings

School site, Princess Mary Street

SM19

Wagon Wheel Hotel

DP 75637, corner Princess Mary Street and Great Western Highway

SM20

Princess Mary Street cottages

Lot 1, DP 733381, Lots 13, 14, 15, DP 38418, 18, 20, 22 and 24 Princess Mary Street respectively

SM21

Victoria Park and Memorial

Park site bounded by Great Western Highway, Pages Road, Putland Street and Princess Mary Street

SM22

Mimosa—dwelling, fence and garden

Lot 40, DP 111110, corner Pages Road and Putland Street

SM23

Former Stables, Mimosa—two storey timber slab barn

Lot 1, DP 745809, Sainsbury Street

SM24

Moore Cottage

Lot 3, DP 38248,

8 Sainsbury Street

SM25

Cottages

Lot 32, DP 2488,

5 Player Street

Lot 1, DP 463, 37 Pages Road

Lot 2A, DP 134, 57 Saddington Street

SM26

House, barn and tannery site

Lots 1, 2, 3, 4, 5 and 6, DP 30962, Pages Road

SM28

Mamre

Lot 1, DP 530579, Mamre Road

SM29

Memorial cairn

Road side. Mamre Road

SM30

Memorial cairn

Road side. Luddenham Road

SM31

Lee Holme Horse Stud—exercise yard

Lot 2, DP 547057, Luddenham Road

SM36

Cottage

Lot 3, Morphett Estate, Lenore Lane, Erskine Park

Upper Castlereagh

UC4

Upper Castlereagh War Memorial

Lot 1, DP 735602, Castlereagh Road

UC5

Crushing plant

Part Portion 54 and Lot A, DP 374807, Castlereagh Road

UC6

Parkers Slaughter Yard—various structures

Part Lot 1, DP 215435, Castlereagh Road

Werrington

W1

Werrington House—dwelling, driveway and garden

Lot 101, DP 605907,

108 Rugby Street

W2

Werrington Park

Lot 1, DP 791299, Great Western Highway

W3

Rose Cottage and barn

Lot 1, DP 713452, corner Water Street and Tennant Road

W4

Torquay

Part Lot 1, DP 189149, corner Tennant Road and Great Western Highway

W5

Four Winds—dwelling and garage

Part Lot 10, DP 202346, Great Western Highway

W6

Swampland

Lot 6, DP 217883, corner Werrington Road and The Kingsway

Wallacia

WA1

Wallacia Hotel

Part Lot A, DP 334601, 264R Mulgoa Road

WA2

Former St. Andrews Anglican Church

Lot 1, DP 318587, Park Road

Part 2Heritage conservation areas

Lemongrove

the area bounded by The Crescent to the eastern boundary of Lot 6, DP 747015, the rear boundary of those lots on the eastern side and fronting Blaxland Avenue; those lots on the southern side of Thurston Street from the eastern boundary of Lot 18, DP 978488 to the western boundary of Lot 4, DP 158090; Lemongrove Road to the northern boundary of Lot A, DP 161238 on the eastern side and those lots on the western side of Lemongrove Road to the northern boundary of Lot 23, DP 978488.

St. Marys Permanent Cottage Area

the area bounded by Viney Street, Maple Road, Forrester Road and Griffiths Street, St. Marys.

Derby Street Area

the area bounded by the rear boundary of those lots on the eastern side of Warwick Street; from Lot 17 and 18, DP 793668 Stafford Street to the boundary between Lot 789, DP 739013 and Lot H, DP 373977 Stafford Street; the boundary between Lot 5, Sec 13, DP 1582 and Lot 1, DP 778044, Castlereagh Street; the boundary between Lot 73 and Lot 74, DP 2167 Castlereagh Street; the rear of lots 63 to 73, DP 2167; the boundary between Lot 1, DP 571613 and Parts 42 and 43, DP 2167 Brown Street; the boundary between Lots 26 and 27, DP 2167 Brown Street; the boundary between Lots 6 and 7, DP 2167 Woodriff Street; Derby Street; the boundary between Lots 16B, DP 347812 and Lot 172, DP 558077 Derby Street; the boundary between Lot 14, Sec 8, DP 1582 and Lot 15A, DP 347812 Castlereagh Street; the boundary between Lot 21, DP 700430 and Lot A, DP 318320 Castlereagh Street; the western boundary of Lot B, DP 318320 and Derby Street, Penrith.

Part 3Deferred heritage items

SM25

Cottages

Lot 1, DP 2664, 14 Pages Road

Lot 3, DP 1432, 16 Pages Road

SM32

The Receiving Shed (Thompsons Tannery)

Lot 8, Sec 4, DP 134,

92 Saddington Street

SM33

Cottage

Lot 3, Sec 4, DP 134, 102 Saddington Street

Historical notesTable of amending instruments

Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) published in Gazette No 180 of 20.12.1991, p 10629 and amended in Gazette No 111 of 24.9.1999, p 9175 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.

2012

(57)

State Environmental Planning Policy Amendment (Penrith Lakes Scheme) 2012. LW 24.2.2012.

Date of commencement, on publication on LW, cl 2.

2020

(724)

State Environmental Planning Policy Amendment (Arts and Cultural Activity) 2020. LW 11.12.2020.

Date of commencement, 11.12.2020, cl 2 and 2020 (713) LW 11.12.2020.

2021

(716)

State Environmental Planning Policy Amendment (Miscellaneous) 2021. LW 26.11.2021.

Date of commencement, on publication on LW, sec 2.

2022

(72)

State Environmental Planning Policy Amendment (Miscellaneous) 2022. LW 4.3.2022.

Date of commencement, on publication on LW, sec 2.

Table of amendments

Cl 2

Am 2020 (724), Sch 1.11[1] [2].

Cl 4

Am 2012 (57), Sch 2.1 [1]; 2022 (72), Sch 1.36.

Cl 7

Am 2012 (57), Sch 2.1 [2]; 2022 (72), Sch 1.36.

Cl 8

Am 2008 (571), Sch 3.140 [1].

Cl 11

Am 24.9.1999; 2008 (571), Sch 3.140 [2]. Rep 2021 (716), Sch 1.16.

Cl 13

Ins 2020 (724), Sch 3.

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