Penrith Local Environmental Plan 2010 (NSW)
Sch 1, cl 36 of this Plan (Sch 1, cl 36 repeals Sch 1, cl 36 of this Plan on 31.12.2027)
This Plan is Penrith Local Environmental Plan 2010.
This Plan commences on the day on which it is published on the NSW legislation website.
This Plan aims to make local environmental planning provisions for land in Penrith in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to provide the mechanism and planning framework for the management, orderly and economic development, and conservation of land in Penrith,
(b) to promote development that is consistent with the Council’s vision for Penrith, namely, one of a sustainable and prosperous region with harmony of urban and rural qualities and with a strong commitment to healthy and safe communities and environmental protection and enhancement,
(c) to accommodate and support Penrith’s future population growth by providing a diversity of housing types, in areas well located with regard to services, facilities and transport, that meet the current and emerging needs of Penrith’s communities and safeguard residential amenity,
(d) to foster viable employment, transport, education, agricultural production and future investment opportunities and recreational activities that are suitable for the needs and skills of residents, the workforce and visitors, allowing Penrith to fulfil its role as a regional city in the Sydney Metropolitan Region,
(e) to reinforce Penrith’s urban growth limits by allowing rural living opportunities where they will promote the intrinsic rural values and functions of Penrith’s rural lands and the social well-being of its rural communities,
(f) to protect and enhance the environmental values and heritage of Penrith, including places of historical, aesthetic, architectural, natural, cultural, visual and Aboriginal significance,
(g) to minimise the risk to the community in areas subject to environmental hazards, particularly flooding and bushfire, by managing development in sensitive areas,
(h) to ensure that development incorporates the principles of sustainable development through the delivery of balanced social, economic and environmental outcomes, and that development is designed in a way that assists in reducing and adapting to the likely impacts of climate change.
This Plan applies to the land identified on the Land Application Map.
Despite subclause (1), this Plan does not apply to the land identified on the Land Application Map as “Deferred matter”.
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
Notes in this Plan are provided for guidance and do not form part of this Plan.
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(Repealed)
Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
The following local environmental plans are repealed under this provision—
• Interim Development Order No 2—City of Penrith
• Interim Development Order No 9—City of Penrith
• Interim Development Order No 11—City of Penrith
• Interim Development Order No 17—City of Penrith
• Interim Development Order No 21—City of Penrith
• Interim Development Order No 22—City of Penrith
• Interim Development Order No 25—City of Penrith
• Interim Development Order No 26—City of Penrith
• Interim Development Order No 27—City of Penrith
• Interim Development Order No 28—City of Penrith
• Interim Development Order No 32—City of Penrith
• Interim Development Order No 33—City of Penrith
• Interim Development Order No 34—City of Penrith
• Interim Development Order No 35—City of Penrith
• Interim Development Order No 36—City of Penrith
• Interim Development Order No 56—City of Penrith
• Interim Development Order No 62—City of Penrith
• Interim Development Order No 63—City of Penrith
• Interim Development Order No 64—City of Penrith
• Interim Development Order No 68—City of Penrith
• Interim Development Order No 69—City of Penrith
• Interim Development Order No 71—City of Penrith
• Interim Development Order No 75—City of Penrith
• Interim Development Order No 81—City of Penrith
• Interim Development Order No 82—City of Penrith
• Interim Development Order No 83—City of Penrith
• Interim Development Order No 85—City of Penrith
• Interim Development Order No 87—City of Penrith
• Interim Development Order No 91—City of Penrith
• Interim Development Order No 98—City of Penrith
• Penrith City Centre Local Environmental Plan 2008
• Penrith Local Environmental Plan No 43
• Penrith Local Environmental Plan No 52
• Penrith Local Environmental Plan No 85
• Penrith Local Environmental Plan No 96
• Penrith Local Environmental Plan No 150
• Penrith Local Environmental Plan No 188
• Penrith Local Environmental Plan No 226
• Penrith Local Environmental Plan 1994 (Erskine Park Employment Area)
• Penrith Local Environmental Plan 1996—Classification of Public Land
• Penrith Local Environmental Plan 1996 (Industrial Land)
• Penrith Local Environmental Plan 1997 (Penrith City Centre)
• Penrith Local Environmental Plan 1998 (Lakes Environs)
• Penrith Local Environmental Plan 2002 (Villages of Mulgoa and Wallacia)
• Penrith Local Environmental Plan (Caddens) 2009
• Penrith Local Environmental Plan (Glenmore Park Stage 2) 2009
• Penrith Local Environmental Plan (South Werrington Urban Village) 2009
• Penrith Planning Scheme Ordinance
Sydney Regional Environmental Plan No 13—Mulgoa Valley is repealed.
Sydney Regional Environmental Plan No 25—Orchard Hills is repealed.
All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
If a development application has been made before the commencement of Penrith Local Environmental Plan 2010 (Amendment No 31) and the application has not been finally determined before that commencement, the application must be determined as if that Plan had not commenced.
This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
This clause does not affect the rights or interests of any public authority under any registered instrument.
Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
The land use zones under this Plan are as follows—
• Rural Zones RU1 Primary Production
RU2 Rural Landscape
RU4 Primary Production Small Lots
RU5 Village
• Residential Zones R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
R5 Large Lot Residential
• Employment Zones E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
• Mixed Use Zones MU1 Mixed Use
• Special Purpose Zones SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
SP4 Enterprise
• Recreation Zones RE1 Public Recreation
RE2 Private Recreation
• Conservation Zones C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
• Waterway Zones W1 Natural Waterways
W2 Recreational Waterways
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.
This clause is subject to the other provisions of this Plan.
Schedule 1 sets out additional permitted uses for particular land.
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
Clause 2.6 requires consent for subdivision of land.
Part 5 contains other provisions which require consent for particular development.
Development may be carried out on unzoned land only with development consent.
In deciding whether to grant development consent, the consent authority—
(a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a) with development consent, or
(b) if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
Land to which this Plan applies may be subdivided, but only with development consent.
If a subdivision is specified as
Part 6 of State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is
Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
The definition of
The demolition of a building or work may be carried out only with development consent.
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 28 days (whether or not consecutive days) in any period of 12 months.
Development consent must not be granted unless the consent authority is satisfied that—
(a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
Canal estate development is prohibited on land to which this Plan applies.
In this Plan,
(a) a constructed canal, or other waterway or waterbody, that—
(i) is inundated by surface water or groundwater movement, or
(ii) drains to a waterway or waterbody by surface water or groundwater movement, and
(b) the erection of a dwelling, and
(c) one or both of the following—
(i) the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,
(ii) excavation to create a waterway.
Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—
(a) carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and
(b) limited to the minimum reasonable size and capacity.
In this clause—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
• State Environmental Planning Policy (Housing) 2021
• State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
• State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
• State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
• State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
• State Environmental Planning Policy (Primary Production) 2021, Chapter 2
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To encourage diversity in primary industry enterprises and systems appropriate for the area.
• To minimise the fragmentation and alienation of resource lands.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To protect and enhance the existing agricultural landscape character of the land.
• To ensure development is compatible with the environmental capabilities of the land and does not unreasonably increase the demand for public services or public facilities.
• To preserve and improve natural resources through appropriate land management practices.
Extensive agriculture; Home occupations; Intensive plant agriculture
Agricultural produce industries; Agriculture; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Building identification signs; Business identification signs; Cellar door premises; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Home-based child care; Home businesses; Home industries; Information and education facilities; Intensive livestock agriculture; Open cut mining; Roads; Roadside stalls; Rural supplies; Secondary dwellings; Stock and sale yards
Any other development not specified in item 2 or 3
• To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
• To maintain the rural landscape character of the land.
• To provide for a range of compatible land uses, including extensive agriculture.
• To minimise conflict between land uses within the zone and land uses within adjoining zones.
• To preserve and improve natural resources through appropriate land management practices.
• To ensure development is compatible with the environmental capabilities of the land and does not unreasonably increase the demand for public services or public facilities.
Extensive agriculture; Home occupations
Agricultural produce industries; Agriculture; Animal boarding or training establishments; Aquaculture; Building identification signs; Business identification signs; Cellar door premises; Cemeteries; Community facilities; Crematoria; Dual occupancies; Dwelling houses; Environmental facilities; Environmental protection works; Farm buildings; Flood mitigation works; Forestry; Funeral homes; Helipads; Home-based child care; Home businesses; Home industries; Information and education facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (outdoor); Roads; Roadside stalls; Rural supplies; Schools; Secondary dwellings; Stock and sale yards; Tourist and visitor accommodation; Veterinary hospitals
Hotel or motel accommodation; Serviced apartments; Any other development not specified in item 2 or 3
• To enable sustainable primary industry and other compatible land uses.
• To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To ensure land uses are of a scale and nature that is compatible with the environmental capabilities of the land.
• To preserve and improve natural resources through appropriate land management practices.
• To maintain the rural landscape character of the land.
• To ensure that development does not unreasonably increase the demand for public services or facilities.
Extensive agriculture; Home occupations
Agricultural produce industries; Agriculture; Animal boarding or training establishments; Aquaculture; Building identification signs; Business identification signs; Cellar door premises; Cemeteries; Community facilities; Crematoria; Dual occupancies; Dwelling houses; Environmental facilities; Environmental protection works; Farm buildings; Flood mitigation works; Home-based child care; Home businesses; Home industries; Intensive plant agriculture; Information and education facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Roads; Roadside stalls; Rural supplies; Schools; Secondary dwellings; Tourist and visitor accommodation; Veterinary hospitals
Dairies (restricted); Feedlots; Hotel or motel accommodation; Serviced apartments; Any other development not specified in item 2 or 3
• To provide for a range of land uses, services and facilities that are associated with a rural village.
• To provide limited housing development opportunities for existing and new residents, including an ageing population, where this is consistent with the other objectives of this zone.
• To ensure development is compatible with the role and character of the village, available infrastructure, services and facilities and with the environmental capabilities of the land.
Home occupations
Building identification signs; Business identification signs; Car parks; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Educational establishments; Environmental facilities; Environmental protection works; Flood mitigation works; Funeral homes; Health consulting rooms; Home-based child care; Home businesses; Home industries; Information and education facilities; Kiosks; Markets; Neighbourhood shops; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Schools; Secondary dwellings; Seniors housing; Sewage treatment plants; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation
Serviced apartments; Any other development not specified in item 2 or 3
• To provide for the housing needs of the community.
• To provide for a variety of housing types and densities.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To ensure that a high level of residential amenity is achieved and maintained.
• To ensure that new development reflects the desired future character and dwelling densities of the area.
Home occupations
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Emergency services facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home-based child care; Home businesses; Home industries; Hostels; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Residential accommodation; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture
Rural workers’ dwellings; Any other development not specified in item 2 or 3
• To provide for the housing needs of the community within a low density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To promote the desired future character by ensuring that development reflects features or qualities of traditional detached dwelling houses that are surrounded by private gardens.
• To enhance the essential character and identity of established residential areas.
• To ensure a high level of residential amenity is achieved and maintained.
Home occupations
Bed and breakfast accommodation; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental protection works; Exhibition homes; Flood mitigation works; Group homes; Health consulting rooms; Home-based child care; Home businesses; Home industries; Information and education facilities; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Residential care facilities; Respite day care centres; Roads; Secondary dwellings; Shop top housing; Tank-based aquaculture
Any development not specified in item 2 or 3
• To provide for the housing needs of the community within a medium density residential environment.
• To provide a variety of housing types within a medium density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To provide for a concentration of housing with access to services and facilities.
• To enhance the essential character and identity of established residential areas.
• To ensure that a high level of residential amenity is achieved and maintained.
• To ensure that development reflects the desired future character and dwelling densities of the area.
Home occupations
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home-based child care; Home businesses; Home industries; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture
Any other development not specified in item 2 or 3
• To provide for the housing needs of the community within a high density residential environment.
• To provide a variety of housing types within a high density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To ensure that a high level of residential amenity is achieved and maintained.
• To encourage the provision of affordable housing.
• To ensure that development reflects the desired future character and dwelling densities of the area.
Home occupations
Boarding houses; Building identification signs; Business identification signs; Car parks; Centre-based child care facilities; Community facilities; Emergency services facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Home-based child care; Home businesses; Information and education facilities; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Residential accommodation; Respite day care centres; Roads; Shop top housing
Rural workers’ dwellings; Any other development not specified in item 2 or 3
• To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.
• To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.
• To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To ensure development is of a scale and nature that is compatible with the environmental capabilities of the land.
Home occupations
Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Home-based child care; Home businesses; Home industries; Information and education facilities; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Residential care facilities; Respite day care centres; Roads; Schools; Secondary dwellings; Sewage treatment plants; Tank-based aquaculture; Tourist and visitor accommodation
Hotel or motel accommodation; Serviced apartments; Any other development not specified in item 2 or 3
• To provide a range of retail, business and community uses that serve the needs of people who live in, work in or visit the area.
• To encourage investment in local commercial development that generates employment opportunities and economic growth.
• To enable residential development that contributes to a vibrant and active local centre and is consistent with the Council’s strategic planning for residential development in the area.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
• To provide retail facilities for the local community commensurate with the centre’s role in the local and regional retail hierarchy.
• To create opportunities to improve the public domain and encourage the integration of centres with public transport and pedestrian networks.
• To promote development that is of a size and scale that is appropriate to meet local needs and does not adversely affect the amenity or character of the surrounding residential neighbourhood.
Home occupations
Amusement centres; Boarding houses; Building identification signs; Business identification signs; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Environmental protection works; Flood mitigation works; Function centres; Home businesses; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Oyster aquaculture; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Respite day care centres; Roads; Service stations; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals
Any development not specified in item 2 or 3
• To strengthen the role of the commercial centre as the centre of business, retail, community and cultural activity.
• To encourage investment in commercial development that generates employment opportunities and economic growth.
• To encourage development that has a high level of accessibility and amenity, particularly for pedestrians.
• To enable residential development only if it is consistent with the Council’s strategic planning for residential development in the area.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
Home occupations
Amusement centres; Artisan food and drink industries; Backpackers’ accommodation; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Function centres; Helipads; Home businesses; Home industries; Hotel or motel accommodation; Information and education facilities; Local distribution premises; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Sex services premises; Signage; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Veterinary hospitals
Bed and breakfast accommodation; Farm stay accommodation; Any other development not specified in item 2 or 3
• To provide a range of facilities and services, light industries, warehouses and offices.
• To provide for land uses that are compatible with, but do not compete with, land uses in surrounding local and commercial centres.
• To maintain the economic viability of local and commercial centres by limiting certain retail and commercial activity.
• To provide for land uses that meet the needs of the community, businesses and industries but that are not suited to locations in other employment zones.
• To provide opportunities for new and emerging light industries.
• To enable other land uses that provide facilities and services to meet the day to day needs of workers, to sell goods of a large size, weight or quantity or to sell goods manufactured on-site.
• To maintain the hierarchy and economic strength of commercial centres in Penrith by limiting the size and scale of office and business premises development.
Nil
Animal boarding or training establishments; Boat building and repair facilities; Business premises; Car parks; Centre-based child care facilities; Community facilities; Depots; Environmental protection works; Flood mitigation works; Function centres; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Landscaping material supplies; Light industries; Local distribution premises; Markets; Mortuaries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Pubs; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Roads; Rural supplies; Service stations; Signage; Small bars; Specialised retail premises; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Wholesale supplies
Any development not specified in item 2 or 3
• To provide a range of industrial, warehouse, logistics and related land uses.
• To ensure the efficient and viable use of land for industrial uses.
• To minimise any adverse effect of industry on other land uses.
• To encourage employment opportunities.
• To enable limited non-industrial land uses that provide facilities and services to meet the needs of businesses and workers.
Nil
Animal boarding or training establishments; Boat building and repair facilities; Car parks; Depots; Environmental facilities; Environmental protection works; Flood mitigation works; Freight transport facilities; Garden centres; General industries; Goods repair and reuse premises; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Industries; Kiosks; Landscaping material supplies; Light industries; Local distribution premises; Neighbourhood shops; Oyster aquaculture; Places of public worship; Plant nurseries; Recreation areas; Roads; Rural industries; Service stations; Signage; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres
Hazardous industries; Offensive industries; Any other development not specified in item 2 or 3
• To encourage a diversity of business, retail, office and light industrial land uses that generate employment opportunities.
• To ensure that new development provides diverse and active street frontages to attract pedestrian traffic and to contribute to vibrant, diverse and functional streets and public spaces.
• To minimise conflict between land uses within this zone and land uses within adjoining zones.
• To encourage business, retail, community and other non-residential land uses on the ground floor of buildings.
• To allow for residential development in accessible locations to maximise public transport patronage and encourage walking and cycling.
Home occupations
Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Function centres; Home businesses; Home-based child care; Information and education facilities; Light industries; Local distribution premises; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Respite day care centres; Restricted premises; Roads; Sex services premises; Shop top housing; Signage; Tank-based aquaculture; Tourist and visitor accommodation; Vehicle repair stations; Veterinary hospitals
Rural workers’ dwellings; Any other development not specified in item 2 or 3
• To provide for special land uses that are not provided for in other zones.
• To provide for sites with special natural characteristics that are not provided for in other zones.
• To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.
Nil
Aquaculture; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
Any development not specified in item 2 or 3
• To provide for infrastructure and related uses.
• To prevent development that is not compatible with or that may detract from the provision of infrastructure.
Nil
The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Aquaculture; Environmental protection works; Flood mitigation works; Roads
Any development not specified in item 2 or 3
• To provide for a variety of tourist-oriented development and related uses.
• To provide for diverse tourist and visitor accommodation and activities that are compatible with the promotion of tourism in Penrith.
• To create an appropriate scale that maintains important views to and from the Nepean River as well as to the Blue Mountains escarpment, while also improving important connections to the Penrith City Centre and the Nepean River.
Nil
Aquaculture; Amusement centres; Boat launching ramps; Boat sheds; Car parks; Charter and tourism boating facilities; Community facilities; Educational establishments; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Food and drink premises; Function centres; Helipads; Health services facilities; Information and education facilities; Jetties; Kiosks; Markets; Neighbourhood shops; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Roads; Service stations; Signage; Tourist and visitor accommodation; Water recreation structures
Any development not specified in item 2 or 3
• To provide for development and land uses that support enterprise and productivity.
• To provide a range of office and light industrial uses.
• To encourage employment opportunities.
• To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
• To provide for a range of higher order job opportunities including in health, cultural and high technology industries.
• To provide for a range of development that relates to university activities, creative and cultural industries and business incubators.
Nil
Building identification signs; Business identification signs; Business premises; Car parks; Centre based child care facilities; Community facilities; Educational establishments; Environmental protection works; Flood mitigation works; Food and drink premises; Function centres; Garden centres; Hardware and building supplies; Health services facilities; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Kiosks; Light industries; Local distribution premises; Markets; Neighbourhood shops; Office premises; Passenger transport facilities; Recreation areas; Respite day care centres; Roads; Signage; Take away food and drink premises; Warehouse or distribution centres
Any development not specified in item 2 or 3
• To enable land to be used for public open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
• To ensure that development is secondary and complementary to the use of land as public open space, and enhances public use, and access to, the open space.
• To provide land for the development of services and facilities by public authorities for the benefit of the community.
Nil
Aquaculture; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Car parks; Charter and tourism boating facilities; Centre-based child care facilities; Community facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Function centres; Information and education facilities; Jetties; Kiosks; Markets; Moorings; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Water recreation structures; Water storage facilities
Any other development not specified in item 2 or 3
• To enable land to be used for private open space or recreational purposes.
• To provide a range of recreational settings and activities and compatible land uses.
• To protect and enhance the natural environment for recreational purposes.
Nil
Aquaculture; Building identification signs; Caravan parks; Centre-based child care facilities; Community facilities; Environmental facilities; Environmental protection works; Function centres; Hotel or motel accommodation; Information and education facilities; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restaurants or cafes; Roads
Any development not specified in item 2 or 3
• To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.
• To enable uses authorised under the National Parks and Wildlife Act 1974.
• To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.
Uses authorised under the National Parks and Wildlife Act 1974
Nil
Any development not specified in item 2 or 3
• To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
• To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
• To protect, manage, restore and enhance the ecology, hydrology and scenic values of riparian corridors and waterways, wetlands, groundwater resources, biodiversity corridors, areas of remnant indigenous vegetation and dependent ecosystems.
• To allow for low impact passive recreational and ancillary land uses that are consistent with the retention of the natural ecological significance.
Nil
Environmental facilities; Environmental protection works; Flood mitigation works; Oyster aquaculture; Recreation areas; Roads
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.
• To provide for a limited range of development that does not have an adverse effect on those values.
• To minimise conflict between land uses within the zone and land uses within adjoining zones.
• To ensure development is compatible with the environmental capabilities of the land and does not unreasonably increase the demand for public services or public facilities.
• To preserve and improve natural resources through appropriate land management practices.
Extensive agriculture; Home occupations
Animal boarding or training establishments; Building identification signs; Business identification signs; Cellar door premises; Cemeteries; Community facilities; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Farm buildings; Flood mitigation works; Funeral homes; Home-based child care; Home businesses; Home industries; Information and education facilities; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Roads; Roadside stalls; Rural supplies; Secondary dwellings; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals
Aquaculture; Hotel or motel accommodation; Industries; Intensive livestock agriculture; Local distribution premises; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Serviced apartments; Turf farming; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.
• To ensure that residential development does not have an adverse effect on those values.
• To minimise conflict between land uses within the zone and land uses within adjoining zones.
• To ensure land uses are compatible with the available infrastructure, services and facilities and with the environmental capabilities of the land.
• To preserve and improve natural resources through appropriate land management practices.
Home occupations
Bed and breakfast accommodation; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Home-based child care; Home businesses; Home industries; Information and education facilities; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Schools; Secondary dwellings; Tank-based aquaculture
Industries; Local distribution premises; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect the ecological and scenic values of natural waterways.
• To prevent development that would have an adverse effect on the natural values of waterways in this zone.
• To provide for sustainable fishing industries and recreational fishing.
Nil
Aquaculture; Environmental facilities; Environmental protection works; Flood mitigation works
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
• To protect the ecological, scenic and recreation values of recreational waterways.
• To allow for water-based recreation and related uses.
• To provide for sustainable fishing industries and recreational fishing.
Nil
Aquaculture; Boat sheds; Charter and tourism boating facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Jetties; Kiosks; Marinas; Mooring pens; Recreation areas; Recreation facilities (outdoor); Water recreation structures
Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Seniors housing; Warehouse or distribution centres; Any other development not specified in item 2 or 3
The objective of this clause is to identify development of minimal environmental impact as exempt development.
Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
To be exempt development, the development—
(a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c) must not be designated development, and
(d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—
(a) the building has a current fire safety certificate or fire safety statement, or
(b) no fire safety measures are currently implemented, required or proposed for the building.
To be exempt development, the development must—
(a) be installed in accordance with the manufacturer’s specifications, if applicable, and
(b) not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
See State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 and the Local Land Services Act 2013, Part 5A.
A heading to an item in Schedule 2 is part of that Schedule.
The objective of this clause is to identify development as complying development.
Development specified in Part 1 of Schedule 3 that is carried out in compliance with—
(a) the development standards specified in relation to that development, and
(b) the requirements of this Part,
is complying development.
See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances.
To be complying development, the development must—
(a) be permissible, with development consent, in the zone in which it is carried out, and
(b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
A heading to an item in Schedule 3 is part of that Schedule.
Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
For the purposes of this clause—
(a) the coastal waters of the State,
(b) a coastal lake,
(c) land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f) land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h) land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i) land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j) land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994,
(ja) land in Zone C1 National Parks and Nature Reserves, Zone C2 Environmental Conservation, Zone W1 Natural Waterways or Zone W2 Recreational Waterways,
(jb) land shown as “Natural Resources sensitive land” on the Natural Resources Sensitivity Land Map,
(jc) land that is, or adjoins, the Hawkesbury-Nepean River,
(jd) land that is part of or adjoins—
(i) a Riverine Scenic Area under State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 6, or
(ii) a Hawkesbury-Nepean conservation area sub-catchment under State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 6.
The objectives of this clause are as follows—
(a) to ensure that lot sizes are compatible with the environmental capabilities of the land being subdivided,
(b) to minimise any likely impact of subdivision and development on the amenity of neighbouring properties,
(c) to ensure that lot sizes and dimensions allow developments to be sited to protect natural or cultural features including heritage items and retain special features such as trees and views,
(d) to regulate the density of development and ensure that there is not an unreasonable increase in the demand for public services or public facilities,
(e) to ensure that lot sizes and dimensions are able to accommodate development consistent with relevant development controls.
This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
In calculating the size of a battle-axe lot, the area of the access laneway must not be included.
This clause does not apply in relation to the subdivision of any land—
(a) by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b) by any kind of subdivision under the Community Land Development Act 2021.
(Repealed)
The objective of this clause is to achieve planned residential density in certain zones.
Development consent may be granted to development on a lot in a zone shown in Column 2 of the Table to this clause for a purpose shown in Column 1 of the Table opposite that zone, if the area of the lot is equal to or greater than the area specified for that purpose and shown in Column 3 of the Table.
Column 1 | Column 2 | Column 3 |
Dual occupancy (attached) | Zone R2 Low Density Residential | 650 square metres |
Dual occupancy (attached) | Zone R3 Medium Density Residential | 550 square metres for a standard lot |
Dual occupancy (attached) | Zone R3 Medium Density Residential | 600 square metres for a battle-axe lot |
Dual occupancy (detached) | Zone R2 Low Density Residential | 750 square metres |
Dual occupancy (detached) | Zone R3 Medium Density Residential | 650 square metres for a standard lot |
Dual occupancy (detached) | Zone R3 Medium Density Residential | 700 square metres for a battle-axe lot |
Multi dwelling housing | Zone R3 Medium Density Residential; Zone R4 High Density Residential | 1200 square metres |
Residential flat building | Zone R4 High Density Residential | 800 square metres for a standard lot |
Residential flat building | Zone R4 High Density Residential | 900 square metres for a battle-axe lot |
Despite any other provision of this Plan, the consent authority must not grant development consent to a dual occupancy on a battle-axe lot on land in Zone R2 Low Density Residential.
The objectives of this clause are as follows—
(a) to ensure that subdivisions under community title schemes maintain minimum lot sizes,
(b) to ensure that lot sizes are compatible with the environmental capabilities of the land, and the character and density of development in the area,
(c) to ensure that lot sizes and dimensions allow development to be sited to protect natural or cultural features and to have a minimal impact on the amenity of neighbouring properties.
This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 2021 of land in any of the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone RU5 Village,
(e) Zone R5 Large Lot Residential,
(f) Zone C2 Environmental Conservation,
(g) Zone C3 Environmental Management,
(h) Zone C4 Environmental Living,
but does not apply to a subdivision by the registration of a strata plan.
The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 2021) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
This clause applies despite clause 4.1.
The objectives of this clause are as follows—
(a) to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements,
(b) to ensure that subdivisions under strata plan schemes maintain minimum lot sizes,
(c) to ensure that lot sizes are compatible with the environmental capabilities of the land, and the character and density of development in the area,
(d) to ensure that lot sizes and dimensions allow development to be sited to protect natural or cultural features and to have a minimal impact on the amenity of neighbouring properties.
This clause applies to land in the following zones that is used, or is proposed to be used, for residential accommodation or tourist and visitor accommodation—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone RU5 Village,
(e) Zone R5 Large Lot Residential,
(f) Zone C2 Environmental Conservation,
(g) Zone C3 Environmental Management,
(h) Zone C4 Environmental Living.
The size of any lot resulting from a subdivision of land to which this clause applies for a strata plan scheme (other than any lot comprising common property within the meaning of the Strata Schemes (Freehold Development) Act 1973 or Strata Schemes (Leasehold Development) Act 1986) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that strata subdivision of a building in certain circumstances is specified complying development.
Development consent must not be granted for the subdivision of land in Zone R2 Low Density Residential unless each resulting lot will have—
(a) for a battle-axe lot—a width of at least 15m and an area of at least 650m
2 , or(b) otherwise—a width of at least 15m.
Development consent must not be granted for the subdivision of land in Zone R3 Medium Density Residential unless each resulting lot will have—
(a) for a battle-axe lot—a width of at least 15m and an area of at least 450m
2 , or(b) otherwise—a width of at least 12m.
In calculating the size of a battle-axe lot, the area of the access laneway must not be included.
This clause does not apply—
(a) to land identified as “Glenmore Park Stage 3” on the Clause Application Map, or
(b) to a subdivision—
(i) by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(ii) under the Community Land Development Act 2021.
The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.
This clause applies to the following rural zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(baa) Zone RU3 Forestry,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone RU6 Transition.
Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.
However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.
A dwelling cannot be erected on such a lot.
A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).
The objective of this clause is to prohibit development that is residential accommodation on a lot resulting from the closure of a road.
This clause applies to land in the following zones—
(a) Zone RU1 Primary Production,
(b) Zone RU2 Rural Landscape,
(c) Zone RU4 Primary Production Small Lots,
(d) Zone RU5 Village,
(e) Zone R5 Large Lot Residential,
(f) Zone C3 Environmental Management,
(g) Zone C4 Environmental Living.
Development consent must not be granted for the erection of a dwelling house on a lot resulting from the closure of part or all of a road, whether before or after the commencement of this Plan.
Subclause (3) does not apply to a lot created by the consolidation of a lot resulting from a road closure with an adjoining lot that did not result from the closure of a road.
The objectives of this clause are as follows—
(a) to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality,
(b) to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development and to public areas, including parks, streets and lanes,
(c) to minimise the adverse impact of development on heritage items, heritage conservation areas and areas of scenic or visual importance,
(d) to nominate heights that will provide a high quality urban form for all buildings and a transition in built form and land use intensity.
The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
The objectives of this clause are as follows—
(a) to ensure that buildings are compatible with the bulk and scale of the existing and desired future character of the locality,
(b) to minimise the adverse impact of development on heritage conservation areas and heritage items,
(c) to regulate density of development and generation of vehicular and pedestrian traffic,
(d) to provide sufficient floor space for high quality development.
The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
The objectives of this clause are as follows—
(a) to define
floor space ratio ,(b) to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—
(i) prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
(ii) prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and
(iii) require community land and public places to be dealt with separately.
The
In determining the site area of proposed development for the purpose of applying a floor space ratio, the
(a) if the proposed development is to be carried out on only one lot, the area of that lot, or
(b) if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.
In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.
The following land must be excluded from the site area—
(a) land on which the proposed development is prohibited, whether under this Plan or any other law,
(b) community land or a public place (except as provided by subclause (7)).
The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.
The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.
For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.
The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.
When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.
If—
(a) a covenant of the kind referred to in subclause (9) applies to any land (
affected land ), and(b) proposed development relates to the affected land and other land that together comprise the site of the proposed development,
the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.
In this clause,
The objectives of this clause are as follows—
(a) to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.
Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant has demonstrated that—
(a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and
(b) there are sufficient environmental planning grounds to justify the contravention of the development standard.
The Environmental Planning and Assessment Regulation 2021 requires a development application for development that proposes to contravene a development standard to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).
The consent authority must keep a record of its assessment carried out under subclause (3).
(Repealed)
Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living if—
(a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.
When this Plan was made it did not include Zone RU3 Forestry or Zone RU6 Transition.
(Repealed)
This clause does not allow development consent to be granted for development that would contravene any of the following—
(a) a development standard for complying development,
(b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,
(c) clause 5.4,
(caa) clause 5.5,
(ca) clause 6.2, 7.7, 7.16A(3) or (4), 7.17, 7.21, 8.4(5), Part 9 or Schedule 1, clause 42(2)(a) or (b).
The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act
1991 (
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
Type of land shown on Map | Authority of the State |
Zone RE1 Public Recreation and marked “Local open space” | Council |
Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act |
Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW |
Zone SP2 Infrastructure and marked “Educational establishment” | Department of Education |
Zone SP2 Infrastructure and marked “Local road” | Council |
Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 |
Zone C2 Environmental Conservation and marked “Local open space” | Council |
Zone C2 Environmental Conservation and marked “Regional open space” | The corporation constituted under section 8 of the Act |
Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads and certain Crown land). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.
Penrith Local Environmental Plan 2010 (540). LW 22.9.2010. Date of commencement, on publication on LW, cl 1.1AA. This Plan has been amended as follows—
(102) | Standard Instrument (Local Environmental Plans) Amendment Order 2011. LW 25.2.2011. Date of commencement, on publication on LW, cl 2. The amendments made by Sch 2 have effect 4 months after that commencement. See cl 9 (1) of the Standard Instrument (Local Environmental Plans) Order 2006 (155). | |
(362) | Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2011. LW 13.7.2011. Date of commencement, on publication on LW, cl 2. | |
(363) | State Environmental Planning Policy Amendment (Standard Instrument) 2011. LW 13.7.2011. Date of commencement, on publication on LW, cl 2. | |
No 41 | Transport Legislation Amendment Act 2011. Assented to 13.9.2011. Date of commencement of Sch 5.52, 1.11.2011, sec 2 and 2011 (559) LW 28.10.2011. | |
(376) | Penrith Local Environmental Plan 2010 (Amendment No 1). LW 10.8.2012. Date of commencement, on publication on LW, cl 2. | |
(506) | Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2012. LW 5.10.2012. Date of commencement, on publication on LW, cl 2. | |
No 96 | Forestry Act 2012. Assented to 21.11.2012. Date of commencement of Sch 4.41, 7.1.2013, sec 2 and 2012 (680) LW 21.12.2012. | |
No 5 | Liquor Amendment (Small Bars) Act 2013. Assented to 19.3.2013. Date of commencement, 1.7.2013, sec 2 and 2013 (292) LW 21.6.2013. | |
(318) | Penrith Local Environmental Plan 2010 (Amendment No 2). LW 21.6.2013. Date of commencement, on publication on LW, cl 2. | |
No 111 | Statute Law (Miscellaneous Provisions) Act (No 2) 2013. Assented to 3.12.2013. Date of commencement of Sch 3.27, 10.1.2014, Sch 3.27. | |
(277) | Penrith Local Environmental Plan 2010 (Amendment No 3). LW 23.5.2014. Date of commencement, on publication on LW, cl 2. | |
No 33 | Statute Law (Miscellaneous Provisions) Act 2014. Assented to 24.6.2014. Date of commencement of Sch 2.36, 14.7.2014, Sch 2.36. | |
(513) | Standard Instrument (Local Environmental Plans) Amendment Order 2014. LW 15.8.2014. Date of commencement, on publication on LW, cl 2. | |
(21) | Penrith Local Environmental Plan 2010 (Amendment No 4). LW 28.1.2015. Date of commencement, 4 weeks after publication on LW, cl 2. | |
(316) | State Environmental Planning Policy No 65—Design Quality of Residential Flat Development (Amendment No 3). LW 19.6.2015. Date of commencement, 4 weeks after publication on LW, cl 2. | |
No 15 | Statute Law (Miscellaneous Provisions) Act 2015. Assented to 29.6.2015. Date of commencement of Sch 3, 15.7.2015, sec 2 (3). | |
(538) | Penrith Local Environmental Plan 2010 (Amendment No 5). LW 4.9.2015. Date of commencement, on publication on LW, cl 2. | |
(43) | Standard Instrument (Local Environmental Plans) Amendment (Maps) Order 2016. LW 27.1.2016. Date of commencement, 27.1.2016, cl 2. | |
(86) | Penrith Local Environmental Plan 2010 (Amendment No 6). LW 19.2.2016. Date of commencement, on publication on LW, cl 2. | |
(126) | Standard Instrument (Local Environmental Plans) Amendment Order 2016. LW 11.3.2016. Date of commencement, on publication on LW, cl 2. | |
(270) | Penrith Local Environmental Plan 2010 (Amendment No 7). LW 27.5.2016. Date of commencement, on publication on LW, cl 2. | |
(309) | Standard Instrument (Local Environmental Plans) Amendment (Observatory and Defence Facility) Order 2016. LW 10.6.2016. Date of commencement, 56 days after publication on LW, cl 2. | |
(362) | State Environmental Planning Policy (Western Sydney Employment Area) Amendment 2016. LW 24.6.2016. Date of commencement, on publication on LW, cl 2. | |
(626) | Penrith Local Environmental Plan 2010 (Amendment No 9). LW 14.10.2016. Date of commencement, on publication on LW, cl 2. | |
(627) | Penrith Local Environmental Plan 2010 (Amendment No 11). LW 14.10.2016. Date of commencement, on publication on LW, cl 2. | |
(628) | Penrith Local Environmental Plan 2010 (Amendment No 13). LW 14.10.2016. Date of commencement, on publication on LW, cl 2. | |
(650) | Penrith Local Environmental Plan 2010 (Amendment No 8). LW 28.10.2016. Date of commencement, on publication on LW, cl 2. | |
(283) | Penrith Local Environmental Plan 2010 (Amendment No 14). LW 23.6.2017. Date of commencement, on publication on LW, cl 2. | |
(413) | Penrith Local Environmental Plan 2010 (Amendment No 12). LW 11.8.2017. Date of commencement, on publication on LW, cl 2. | |
(453) | Standard Instrument (Local Environmental Plans) Amendment (Vegetation) Order 2017. LW 25.8.2017. Date of commencement, 25.8.2017, cl 2. | |
(461) | Penrith Local Environmental Plan 2010 (Amendment No 10). LW 25.8.2017. Date of commencement, on publication on LW, cl 2. | |
(492) | Standard Instrument (Local Environmental Plans) Amendment (Child Care) Order 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2. | |
(493) | State Environmental Planning Policy Amendment (Child Care) 2017. LW 1.9.2017. Date of commencement, on publication on LW, cl 2. | |
(608) | Penrith Local Environmental Plan 2010 (Amendment No 18). LW 27.10.2017. Date of commencement, on publication on LW, cl 2. | |
(105) | Standard Instrument (Local Environmental Plans) Amendment (Coastal Management) Order 2018. LW 23.3.2018. Date of commencement, 3.4.2018, cl 2. | |
(154) | Standard Instrument (Local Environmental Plans) Amendment (Minimum Subdivision Lot Size) Order 2018. LW 20.4.2018. Date of commencement, on publication on LW, cl 2. | |
(294) | Penrith Local Environmental Plan 2010 (Amendment No 19). LW 22.6.2018. Date of commencement, on publication on LW, cl 2. | |
No 40 | Forestry Legislation Amendment Act 2018. Assented to 27.6.2018. Date of commencement of Sch 3.12, 9.11.2018, sec 2 and 2018 (620) LW 9.11.2018. | |
(404) | Standard Instrument (Local Environmental Plans) Amendment (Artisan Food and Drink Industries) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(405) | Standard Instrument (Local Environmental Plans) Amendment (Garden Centres) Order 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(406) | State Environmental Planning Policy Amendment (Artisan Food and Drink Industries) 2018. LW 27.7.2018. Date of commencement, on publication on LW, cl 2. | |
(477) | Standard Instrument (Local Environmental Plans) Amendment (Land Use Terms) Order 2018. LW 29.8.2018. Date of commencement, 31.8.2018, cl 2. | |
(488) | State Environmental Planning Policy Amendment (Land Use Terms) 2018. LW 29.8.2018. Date of commencement of Sch 1.2, 31.8.2018, cl 2 (1). | |
No 46 | Children (Education and Care Services) Supplementary Provisions Amendment Act 2018. Assented to 27.9.2018. Date of commencement of Sch 2.3, 31.10.2019, sec 2(1) and 2019 (200) LW 24.5.2019. | |
(717) | Standard Instrument (Local Environmental Plans) Amendment (Greater Sydney Commission) Order 2018. LW 7.12.2018. Date of commencement, 10.12.2018, cl 2. | |
(773) | Penrith Local Environmental Plan 2010 (Amendment No 25). LW 21.12.2018. Date of commencement, on publication on LW, cl 2. | |
(111) | Penrith Local Environmental Plan 2010 (Amendment No 16). LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(133) | Standard Instrument (Local Environmental Plans) Amendment (Primary Production and Rural Development) Order 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(137) | State Environmental Planning Policy (Primary Production and Rural Development) 2019. LW 28.2.2019. Date of commencement, on publication on LW, cl 2. | |
(152) | Penrith Local Environmental Plan 2010 (Amendment No 20). LW 22.3.2019. Date of commencement, on publication on LW, cl 2. | |
(174) | Penrith Local Environmental Plan 2010 (Amendment No 15). LW 26.4.2019. Date of commencement, on publication on LW, cl 2. | |
No 1 | Statute Law (Miscellaneous Provisions) Act 2019. Assented to 17.6.2019. Date of commencement of Sch 2.24, 14 days after assent, sec 2 (1). | |
(480) | Penrith Local Environmental Plan 2010 (Amendment No 22). LW 27.9.2019. Date of commencement, on publication on LW, cl 2. | |
(531) | Penrith Local Environmental Plan 2010 (Amendment No 27). LW 1.11.2019. Date of commencement, on publication on LW, cl 2. | |
(620) | Standard Instrument (Local Environmental Plans) Amendment Order 2019. LW 13.12.2019. Date of commencement, 15.1.2020, cl 2. | |
(621) | State Environmental Planning Policy Amendment (Miscellaneous) 2019. LW 13.12.2019. Date of commencement of Schs 3 and 5, 15.1.2020, cl 2(1). | |
(656) | Penrith Local Environmental Plan 2010 (Amendment No 23). LW 20.12.2019. Date of commencement, on publication on LW, cl 2. | |
(155) | Standard Instrument (Local Environmental Plans) Amendment (Energy Storage Technology) Order 2020. LW 17.4.2020. Date of commencement, on publication on LW, cl 2. | |
(252) | State Environmental Planning Policy (Western Sydney Employment Area) Amendment 2020. LW 11.6.2020. Date of commencement, on publication on LW, cl 2. | |
(545) | State Environmental Planning Policy (Western Sydney Aerotropolis) 2020. LW 11.9.2020. Date of commencement, 1.10.2020, cl 2. | |
(596) | Local Environmental Plan Amendment (Major Infrastructure Corridors—Maps) 2020. LW 2.10.2020. Date of commencement, on publication on LW, cl 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 4, 22.1.2021, sec 2(4). | |
(636) | Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2020. LW 28.10.2020. Date of commencement, 28.10.2020, cl 2. | |
(693) | Penrith Local Environmental Plan 2010 (Amendment No 28). LW 27.11.2020. Date of commencement, on publication on LW, cl 2. | |
No 40 | Liquor Amendment (Night-time Economy) Act 2020. Assented to 27.11.2020. Date of commencement of Schs 4.6 and 7, 11.12.2020, sec 2(1) and 2020 (713) LW 11.12.2020. | |
(760) | Penrith Local Environmental Plan 2010 (Amendment No 17). LW 18.12.2020. Date of commencement, on publication on LW, cl 2. | |
(762) | Standard Instrument (Local Environmental Plans) Amendment (Secondary Dwellings) Order 2020. LW 18.12.2020. Date of commencement, 1.2.2021, cl 2. | |
(774) | Penrith Local Environmental Plan 2010 (Amendment No 33). LW 18.12.2020. Date of commencement, on publication on LW, cl 2. | |
(32) | Penrith Local Environmental Plan 2010 (Amendment No 32). LW 5.2.2021. Date of commencement, on publication on LW, cl 2. | |
No 6 | Community Land Development Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (598) LW 14.10.2021. | |
(153) | Penrith Local Environmental Plan 2010 (Amendment No 31). LW 31.3.2021. Date of commencement, on publication on LW, cl 2. | |
(225) | State Environmental Planning Policy Amendment (Flood Planning) 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2. | |
(226) | Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2021. LW 14.5.2021. Date of commencement, 14.7.2021, cl 2. | |
(301) | Standard Instrument (Local Environmental Plans) Amendment (Natural Disasters) Order 2021. LW 18.6.2021. Date of commencement, 23.6.2021, cl 2. | |
(353) | Penrith Local Environmental Plan 2010 (Amendment No 24). LW 30.6.2021. Date of commencement, 30.9.2021, cl 2. | |
(411) | Penrith Local Environmental Plan 2010 (Amendment No 34). LW 23.7.2021. Date of commencement, on publication on LW, cl 2. | |
(542) | Penrith Local Environmental Plan 2010 (Amendment No 39). LW 17.9.2021. Date of commencement, on publication on LW, cl 2. | |
(650) | Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021. LW 5.11.2021. Date of commencement of Sch 1[1]–[15] [17] [19] [23]–[48] and [50]–[53] and Sch 2, 1.12.2021, cl 2(1); date of commencement of Sch 1[16] [18] [20]–[22] [49] [54] and [55], 30.6.2022, cl 2(1A); date of commencement of Sch 3, 26.4.2023, cl 2(2). Amended by Standard Instrument (Local Environmental Plans) Further Amendment (Land Use Zones) Order 2021 (712). LW 26.11.2021. Date of commencement, on publication on LW, cl 2. Amended by Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2022 (726). LW 30.11.2022. Date of commencement, on publication on LW, cl 2. | |
(711) | Standard Instrument (Local Environmental Plans) Amendment (Miscellaneous) Order 2021. LW 26.11.2021. Date of commencement, on publication on LW, cl 2. | |
(714) | State Environmental Planning Policy (Housing) 2021. LW 26.11.2021. Date of commencement, on publication on LW, sec 2. | |
(716) | State Environmental Planning Policy Amendment (Miscellaneous) 2021. LW 26.11.2021. Date of commencement, on publication on LW, sec 2. | |
(786) | Penrith Local Environmental Plan 2010 (Amendment No 35). LW 17.12.2021. Date of commencement, on publication on LW, cl 2. | |
(802) | Penrith Local Environmental Plan 2010 (Amendment No 26). LW 22.12.2021. Date of commencement, 31.12.2022, cl 2. | |
(71) | Standard Instrument (Local Environmental Plans) Amendment (SEPPs) Order 2022. LW 4.3.2022. Date of commencement, 9.3.2022, cl 2. | |
(72) | State Environmental Planning Policy Amendment (Miscellaneous) 2022. LW 4.3.2022. Date of commencement, on publication on LW, sec 2. | |
(112) | State Environmental Planning Policy (Precincts—Western Parkland City) Amendment (Miscellaneous) 2022. LW 25.3.2022. Date of commencement of Sch 2, on publication on LW, sec 2(1). | |
(408) | Penrith Local Environmental Plan 2010 (Amendment No 40). LW 22.7.2022. Date of commencement, on publication on LW, cl 2. | |
(592) | Standard Instrument (Local Environmental Plans) Amendment (Agritourism) Order 2022. LW 6.10.2022. Date of commencement, 1.12.2022, cl 2. | |
(628) | Standard Instrument (Local Environmental Plans) Amendment (Canal Estate Development and Public Bushland) Order 2022. LW 21.10.2022. Date of commencement, 21.11.2022, cl 2. | |
(629) | State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022. Date of commencement, 21.11.2022, sec 2. | |
(830) | State Environmental Planning Policy Amendment (Land Use Zones) (No 4) 2022. LW 16.12.2022. Date of commencement, 26.4.2023, sec 2. Amended by State Environmental Planning Policy Amendment (Land Use Zones) 2023 (82). LW 24.2.2023. Date of commencement, on publication on LW, sec 2. | |
(290) | Penrith Local Environmental Plan 2010 (Amendment No 41). LW 9.6.2023. Date of commencement, on publication on LW, cl 2. | |
(366) | Penrith Local Environmental Plan 2010 (Amendment No 29). LW 30.6.2023. Date of commencement, 1.10.23, cl 2. | |
(367) | Penrith Local Environmental Plan 2010 (Amendment No 30). LW 30.6.2023. Date of commencement, on publication on LW, cl 2. | |
(522) | Standard Instrument (Local Environmental Plans) Amendment (Exceptions to Development Standards) Order 2023. LW 15.9.2023. Date of commencement, 1.11.2023, cl 2. | |
(523) | State Environmental Planning Policy Amendment (Estimated Development Cost) 2023. LW 15.9.2023. Date of commencement, 4.3.2024, sec 2. | |
(554) | State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023. LW 29.9.2023. Date of commencement, 1.10.2023, sec 2. | |
(608) | Standard Instrument (Local Environmental Plans) Amendment (Flood Planning) Order 2023. LW 10.11.2023. Date of commencement, on publication on LW, cl 2. | |
(664) | State Environmental Planning Policy Amendment (Housing) 2023. LW 14.12.2023. Date of commencement of Sch 3.12, on publication on LW, sec 2(b). | |
(698) | State Environmental Planning Policy Amendment (Design Competition Guidelines) 2023. LW 15.12.2023. Date of commencement, on publication on LW, sec 2. | |
(702) | Penrith Local Environmental Plan 2010 (Amendment No 37). LW 15.12.2023. Date of commencement, 18.12.2023, cl 2. | |
(40) | Penrith Local Environmental Plan 2010 (Amendment No 44). LW 23.2.2024. Date of commencement, on publication on LW, cl 2. | |
(91) | Penrith Local Environmental Plan 2010 (Amendment No 43). LW 28.3.2024. Date of commencement, 20.5.2024, cl 2. | |
(159) | Penrith Local Environmental Plan 2010 (Amendment No 42). LW 17.5.2024. Date of commencement, on publication on LW, cl 2. | |
(511) | Standard Instrument (Local Environmental Plans) Amendment (Group Homes) Order 2025. LW 19.9.2025. Date of commencement, on publication on LW, cl 2. | |
(553) | Penrith Local Environmental Plan 2010 (Amendment No 45). LW 10.10.2025. Date of commencement, on publication on LW, cl 2. |
No reference is made to certain amendments made consequential on the amendment of the Standard Instrument (Local Environmental Plans) Order 2006.
Cl 1.2 | Am 2015 (21), Sch 1 [1]. |
Cl 1.8 | Am 2014 (277), Sch 1 [1]; 2015 (21), Sch 1 [2]. |
Cl 1.8A | Am 2019 (621), Sch 5[1]; 2021 (153), Sch 1[1] [2]. |
Cl 1.9A | Am 2011 (363), Sch 16 [1]; 2019 (621), Sch 5[2]–[4]. |
Cl 2.1 | Am 2013 (318), Sch 1 [1]; 2014 (277), Sch 1 [2]; 2015 (21), Sch 1 [3] [4]; 2022 (830), Sch 1.19[1] [2]. |
Land Use Table | Am 2011 (363), Sch 16 [2]–[21]; 2013 (318), Sch 1 [2]; 2014 (277), Sch 1 [3]; 2015 (21), Sch 1 [5]–[31]; 2016 (627), Sch 1 [1]; 2017 (493), Sch 1.1 [1] [2]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2021 (153), Sch 1[3]; 2022 (830), Sch 1.19[3] [4] (am 2023 (82), Sch 1.4[7]); 2025 (553), Sch 1[1]. |
Cl 3.3 | Am 2011 (363), Sch 16 [22]; 2022 (72), Sch 1.37; 2022 (629), Sch 3.5[1]; 2022 (830), Sch 1.19[5]. |
Cl 4.1 | Am 2015 (21), Sch 1 [32]; 2023 (367), Sch 1[1] [2]. |
Cl 4.1A | Ins 2014 (277), Sch 1 [4]. Subst 2015 (21), Sch 1 [33]. Am 2021 (153), Sch 1[4]. |
Cl 4.1AA | Ins 2011 (363), Sch 16 [23]. Subst 2012 (376), Sch 1 [1]. Am 2022 (830), Sch 1.19[5]. |
Cl 4.1AB | Ins 2015 (21), Sch 1 [34]. Am 2022 (830), Sch 1.19[5] [6]. |
Cl 4.1B | Ins 2023 (367), Sch 1[3]. Am 2024 (159), Sch 1[1]. |
Cl 4.2A | Ins 2015 (21), Sch 1 [35]. Am 2022 (830), Sch 1.19[5] [6]. |
Cl 4.3 | Am 2015 (21), Sch 1 [36]. |
Cl 4.4 | Am 2015 (21), Sch 1 [37]. |
Cl 4.6 | Am 2011 (363), Sch 16 [24]; 2013 (318), Sch 1 [3]; 2015 (21), Sch 1 [38]; 2016 (650), Sch 1 [1]; 2021 (153), Sch 1[5]; 2022 (112), Sch 2.2[1]; 2023 (367), Sch 1[4]; 2023 (554), Sch 2.24[1]; 2023 (702), Sch 1[1] [2]; 2024 (159), Sch 1[2]. |
Cl 5.1 | Am 2022 (830), Sch 1.19[5]; 2023 (367), Sch 1[5]. |
Cl 5.3 | Am 2011 (363), Sch 16 [25]; 2022 (830), Sch 1.19[7]; 2023 (366), Sch 1[1]. |
Cl 5.4 | Am 2011 (363), Sch 16 [26]–[28]; 2015 (21), Sch 1 [39] [40]; 2018 (406), Sch 1.108 [1] [2]. |
Cl 5.5 | Subst 2021 (714), Sch 11.32. |
Cl 5.6 | Am 2015 (21), Sch 1 [41]. |
Cl 5.9 | Am 2011 (363), Sch 16 [29]. |
Cl 5.13 | Ins 2011 (363), Sch 16 [30]. Subst 2015 (21), Sch 1 [42]. |
Cl 5.23 | Ins 2022 (629), Sch 2[1]. |
Part 6 | Subst 2015 (21), Sch 1 [43]. |
Cl 6.1 | Subst 2015 (21), Sch 1 [43]. Am 2019 (621), Sch 5[5]. Rep 2023 (554), Sch 2.24[2]. |
Cl 6.2 | Subst 2015 (21), Sch 1 [43]. |
Cl 6.3 | Am 2012 (376), Sch 1 [2]. Subst 2015 (21), Sch 1 [43]. |
Cl 6.3A | Ins 2023 (367), Sch 1[6]. Am 2024 (159), Sch 1[3]–[6]. |
Cl 6.4 | Subst 2015 (21), Sch 1 [43]. |
Cll 6.5–6.7 | Rep 2015 (21), Sch 1 [43]. |
Cl 6.8 | Am 2011 (363), Sch 16 [31] [32]. Rep 2015 (21), Sch 1 [43]. |
Cl 6.9 | Rep 2015 (21), Sch 1 [43]. |
Cl 6.10 | Am 2014 (277), Sch 1 [5]. Rep 2015 (21), Sch 1 [43]. |
Cl 6.11 | Rep 2015 (21), Sch 1 [43]. |
Cl 6.12 | Am 2012 (376), Sch 1 [3]. Rep 2015 (21), Sch 1 [43]. |
Cl 6.13 | Rep 2015 (21), Sch 1 [43]. |
Cl 6.14 | Subst 2012 (376), Sch 1 [4]. Rep 2015 (21), Sch 1 [43]. |
Cl 6.15 | Rep 2015 (21), Sch 1 [43]. |
Cll 6.16–6.19 | Ins 2013 (318), Sch 1 [4]. Rep 2015 (21), Sch 1 [43]. |
Part 7 | Ins 2015 (21), Sch 1 [43]. |
Cl 7.1 | Ins 2015 (21), Sch 1 [43]. Am 2022 (72), Sch 1.37; 2022 (629), Sch 3.5[2]. |
Cl 7.2 | Ins 2015 (21), Sch 1 [43]. Rep 2021 (225), Sch 1. |
Cll 7.3–7.7 | Ins 2015 (21), Sch 1 [43]. |
Cl 7.8 | Ins 2015 (21), Sch 1 [43]. Am 2019 (480), Sch 1 [1]; 2022 (830), Sch 1.19[8]. |
Cl 7.9 | Ins 2015 (21), Sch 1 [43]. Am 2017 (493), Sch 1.2 [2]. Rep 2022 (112), Sch 2.2[2]. |
Cl 7.10 | Ins 2015 (21), Sch 1 [43]. Am 2022 (830), Sch 1.19[5] [9]. |
Cl 7.11 | Ins 2015 (21), Sch 1 [43]. |
Cl 7.12 | Ins 2015 (21), Sch 1 [43]. Am 2019 (480), Sch 1 [2]–[5]; 2025 (553), Sch 1[2]. |
Cl 7.13 | Ins 2015 (21), Sch 1 [43]. |
Cl 7.14 | Ins 2015 (21), Sch 1 [43]. Am 2017 (493), Sch 1.2 [2]; 2022 (830), Sch 1.19[5]. |
Cl 7.15 | Ins 2015 (21), Sch 1 [43]. Am 2022 (830), Sch 1.19[5]. |
Cl 7.16 | Ins 2015 (21), Sch 1 [43]. Am 2016 (86), cl 5 (1) (2); 2022 (830), Sch 1.19[10]. |
Cl 7.16A | Ins 2023 (367), Sch 1[7]. Am 2024 (159), Sch 1[7]. |
Cl 7.17 | Ins 2015 (21), Sch 1 [43]. Am 2016 (627), Sch 1 [2]; 2021 (153), Sch 1[6]; 2021 (542), cl 4(1)–(3). |
Cl 7.18 | Ins 2015 (21), Sch 1 [43]. |
Cl 7.19 | Ins 2015 (21), Sch 1 [43]. Subst 2021 (153), Sch 1[7]. Am 2022 (830), Sch 1.19[5]. |
Cl 7.20 | Ins 2015 (21), Sch 1 [43]. |
Cl 7.20A | Ins 2023 (366), Sch 1[2]. |
Cl 7.20B | Ins 2023 (366), Sch 1[2]. |
Cl 7.20C | Ins 2023 (366), Sch 1[2]. |
Cl 7.21 | Ins 2015 (21), Sch 1 [43]. |
Cl 7.22 | Ins 2015 (21), Sch 1 [43]. Am 2022 (830), Sch 1.19[11]. |
Cl 7.23 | Ins 2015 (21), Sch 1 [43]. Am 2017 (493), Sch 1.2 [2]. |
Cl 7.24 | Ins 2016 (650), Sch 1 [2]. Rep 2022 (112), Sch 2.2[2]. Ins 2024 (91), Sch 1[1]. |
Cl 7.25 | Ins 2017 (413), Sch 1. Am 2022 (830), Sch 1.19[12]. |
Cl 7.26 | Ins 2019 (656), Sch 1[1]. Subst 2023 (664), Sch 3.12. |
Cl 7.27 | Ins 2021 (153), Sch 1[8]. |
Cl 7.28 | Ins 2021 (411), Sch 1[1]. |
Cl 7.29 | Ins 2021 (786), Sch 1. Am 2023 (698), Sch 1.7[1] [2]. |
Cl 7.30 | Ins 2022 (408), Sch 1. Am 2022 (830), Sch 1.19[13]. |
Cl 7.31 | Ins 2023 (290), cl 4. |
Cl 7.32 | Ins 2023 (366), Sch 1[3]. |
Part 8 | Ins 2015 (21), Sch 1 [43]. |
Cl 8.1 | Ins 2015 (21), Sch 1 [43]. |
Cl 8.2 | Ins 2015 (21), Sch 1 [43]. Am 2019 (174), cl 5 (1)–(4). |
Cl 8.3 | Ins 2015 (21), Sch 1 [43]. Am 2022 (830), Sch 1.19[14]. |
Cl 8.4 | Ins 2015 (21), Sch 1 [43]. Am 2019 (174), cl 5 (5); 2021 (153), Sch 1[9]; 2021 (716), Sch 1.18; 2023 (523), Sch 1.8[1] [2]; 2023 (698), Sch 1.7[1] [3] [4]. |
Cl 8.5 | Ins 2015 (21), Sch 1 [43]. |
Cl 8.6 | Ins 2015 (21), Sch 1 [43]. Am 2015 (316), Sch 2.12 [1] [2]. Rep 2019 (656), Sch 1[2]. |
Cl 8.7 | Ins 2017 (283), Sch 1. Am 2018 (773), cl 4 (1) (2); 2021 (353), cl 5; 2021 (802), Sch 1[1]. |
Part 9 | Ins 2015 (21), Sch 1 [43]. |
Cl 9.1 | Ins 2015 (21), Sch 1 [43]; 2020 (760), Sch 1[1] [2]. |
Cl 9.2 | Ins 2015 (21), Sch 1 [43]. |
Cl 9.3 | Ins 2015 (21), Sch 1 [43]. Am 2018 (488), Sch 1.2; 2020 (760), Sch 1[3]. |
Cl 9.4 | Ins 2015 (21), Sch 1 [43]. Rep 2020 (760), Sch 1[4]. |
Cll 9.5, 9.6 | Ins 2015 (21), Sch 1 [43]. |
Cl 9.7 | Ins 2020 (760), Sch 1[5]. |
Sch 1 | Am 2011 (363), Sch 16 [33]–[36]; 2012 (376), Sch 1 [5]; 2013 (318), Sch 1 [5]. Subst 2015 (21), Sch 1 [44]. Am 2016 (627), Sch 1 [3]–[13]; 2016 (628), cl 5; 2016 (650), Sch 1 [3]; 2017 (493), Sch 1.2 [2]; 2018 (488), Sch 1.2; 2019 No 1, Sch 2.24; 2019 (480), Sch 1 [6]; 2019 (656), Sch 1[3] [4]; 2020 (252), Sch 3[1] [2]; 2020 (760), Sch 1[6] [7]; 2021 (153), Sch 1[10]–[14]; 2021 (802), Sch 1[2]; 2022 (112), Sch 2.2[2]; 2022 (830), Sch 1.19[15] [16] [17] (am 2023 (82), Sch 1.4[8]); 2023 (367), Sch 1[8]; 2023 (366), Sch 1[4] [5]; 2023 (702), Sch 1[3]; 2024 (40), Sch 1; 2024 (91), Sch 1[2] [3]; 2024 (159), Sch 1[8] [9]; 2025 (553), Sch 1[3]–[6]. |
Sch 2 | Am 2012 (376), Sch 1 [6]; 2015 (21), Sch 1 [45]; 2019 (656), Sch 1[5]; 2022 (830), Sch 1.19[18] [19]. |
Sch 3 | Am 2011 (363), Sch 16 [37]; 2022 (830), Sch 1.19[20]–[22]. |
Sch 4 | Am 2016 (270), cl 4; 2017 (461), Sch 1 [1] [2]; 2017 (608), cl 4; 2018 (294), Sch 1 [1]; 2019 (111), cl 4; 2021 (32), cl 4; 2021 (411), Sch 1[2]. |
Sch 5 | Am 2012 (376), Sch 1 [7]–[13]. Subst 2015 (21), Sch 1 [46]. Am 2016 (627), Sch 1 [14]; 2019 (480), Sch 1 [7] [8]; 2019 (656), Sch 1[6]–[13]; 2020 (252), Sch 3[3]; 2020 (545), Sch 3.2; 2021 (153), Sch 1[15]. |
Dictionary | Am 2014 (277), Sch 1 [6]; 2015 (21), Sch 1 [47]; 2018 (294), Sch 1 [2]; 2023 (367), Sch 1[9]; 2023 (554), Sch 2.24[3]; 2023 (698), Sch 1.7[5]. |
Maps | Am 2012 (376), cl 4; 2013 (318), cl 4; 2014 (277), cl 4; 2015 (21), Sch 1 [47]; 2015 (538), cl 4; 2016 (86), cl 4; 2016 (362), cl 3 (a); 2016 (626), cl 4; 2016 (627), cl 4; 2016 (628), cl 4; 2016 (650), cl 4; 2017 (283), cl 4; 2017 (413), cl 4; 2018 (294), cl 4; 2019 (152), cl 4; 2019 (174), cl 4; 2019 (480), cl 4; 2019 (531), cl 4; 2019 (656), cl 4; 2020 (252), cl 3; 2020 (545), cl 11; 2020 (596), cl 4; 2020 (693), cl 4; 2020 (760), cl 4; 2020 (774), cl 4; 2021 (153), cl 4. Entries discontinued from July 2021 when responsibility for map updates moved to Department of Planning, Industry and Environment. |
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