Penrith Local Environmental Plan No 258—Consent for Dwelling Houses and Other Development (NSW)

1Name of plan

This plan is Penrith Local Environmental Plan No 258—Consent for Dwelling Houses and Other Development.

2Aims of plan

This plan aims to—

• (a)

  require development consent for dwelling houses on residentially zoned land within the City of Penrith, and

• (b)

  require development consent for dwelling houses on land within the Non-urban zone under the Penrith Planning Scheme Ordinance and on land within the Special Business zone under Penrith Local Environmental Plan 1997 (Penrith City Centre), and

• (c)

  require development consent for dwelling houses attached to and used in conjunction with shops on land within the Neighbourhood Business zone under the Penrith Planning Scheme Ordinance, and

• (d)

  require development consent for the following—

  • (i)

    the erection of a building or structure ordinarily associated with a dwelling house,

  • (ii)

    a change of building use,

  Note—

  At the commencement of this plan, a change of building use meant a change of use of a building from a use that the Building Code of Australia recognises as appropriate to one class of building to a use that the Building Code of Australia recognises as appropriate to a different class of building.

  • (iii)

    demolition of a building or structure,

  • (iv)

    carrying out structural alterations to a building, internal alterations to a building, or external building work in association with business premises, a bed and breakfast establishment, office premises, commercial premises or take away food shops,

  • (v)

    the subdivision of land,

  to the extent to which such development does not already require development consent because of another environmental planning instrument in order to be carried out.

3Land to which plan applies

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

4Relationship to other environmental planning instruments(1)

In the event of an inconsistency between this plan and any other local environmental planning instrument or deemed environmental planning instrument, this plan shall prevail to the extent of the inconsistency, subject to section 36 (4) of the Act.

(2)

(Repealed)

(3)

This plan does not affect the application of the following environmental planning instruments to land to which this plan applies—

• (a)

  State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2,

• (b)

  State Environmental Planning Policy (Resources and Energy) 2021, Chapter 3,

• (c)

  State Environmental Planning Policy (Precincts—Western Parkland City) 2021, Chapters 5 and 6,

• (d)

  State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 6,

• (e)

  Penrith Local Environmental Plan No 255—Exempt and Complying Development.

cl 4: Am 2007 (641), Sch 5.32; 2012 (57), Sch 2.4; 2016 (310), Sch 4.19 [1] [2]; 2022 (72), Sch 1.40; 2022 (629), Sch 3.7.

5Definitions(1)

In this plan—

a building or structure ordinarily associated with a dwelling house means a garage, carport, pergola, swimming pool, and the like, and includes alterations and additions to an existing dwelling house.

change of building use has the same meaning as in the Act.

Note—

At the commencement of this plan, a change of building use meant a change of use of a building from a use that the Building Code of Australia recognises as appropriate to one class of building to a use that the Building Code of Australia recognises as appropriate to a different class of building.

dwelling means a room or number of rooms occupied or used, or so constructed or adapted as to be capable of being occupied or used, as a separate domicile.

dwelling house means a dwelling which is the only dwelling erected on an allotment of land.

subdivision of land has the same meaning as in the Act.

the Act means the Environmental Planning and Assessment Act 1979.

(2)

The list of contents and notes in this plan are not part of this plan.

6Dwelling houses require development consent(1)

The erection of a dwelling house must not be carried out without development consent.

(2)

This clause applies to residentially zoned land within the City of Penrith.

(3)

This clause applies if the development—

• (a)

  does not require development consent because of another environmental planning instrument, and

• (b)

  is not prohibited by another environmental planning instrument.

7Miscellaneous development that requires development consent(1)

The following development must not be carried out without development consent—

• (a)

  erection of a building or structure ordinarily associated with a dwelling house, or

• (b)

  development that results in a change of building use, or

• (c)

  demolition of a building or structure, or

• (d)

  structural, internal or external building work in association with business premises, a bed and breakfast establishment, office premises, commercial premises or take away food shops.

(2)

This clause applies if the development—

• (a)

  does not require development consent because of another environmental planning instrument, and

• (b)

  is not prohibited by another environmental planning instrument, and

• (c)

  is not identified in Penrith Local Environmental Plan No 255—Exempt and Complying Development as exempt development, and

• (d)

  does not involve Crown building work as defined in section 116G of the Act.

8Subdivisions require development consent(1)

A subdivision of land must not be carried out without development consent.

(2)

This clause applies if the subdivision of land—

• (a)

  does not require development consent because of another environmental planning instrument, and

• (b)

  is not prohibited by another environmental planning instrument, and

• (c)

  is not identified in Penrith Local Environmental Plan No 255—Exempt and Complying Development as exempt development, and

• (d)

  does not involve Crown building work as defined in section 116G of the Act.

Schedules 1–3

(Repealed)

schs 1–3: Rep 2016 (310), Sch 4.19 [3].

Historical notesTable of amending instruments

Penrith Local Environmental Plan No 258—Consent for Dwelling Houses and Other Development published in Gazette No 103 of 29.6.2001, p 5079. This Plan has been amended as follows—

2007	(641)	State Environmental Planning Policy (Infrastructure) 2007. GG No 185 of 21.12.2007, p 10003. Date of commencement, 1.1.2008, cl 3.
2012	(57)	State Environmental Planning Policy Amendment (Penrith Lakes Scheme) 2012. LW 24.2.2012. Date of commencement, on publication on LW, cl 2.
2016	(310)	State Environmental Planning Policy (Integration and Repeals) 2016. LW 10.6.2016. Date of commencement, 56 days after publication on LW, cl 2.
2022	(72)	State Environmental Planning Policy Amendment (Miscellaneous) 2022. LW 4.3.2022. Date of commencement, on publication on LW, sec 2.
(629)	State Environmental Planning Policy Amendment (Water Catchments) 2022. LW 21.10.2022. Date of commencement, 21.11.2022, sec 2.

Table of amendments

Cl 4	Am 2007 (641), Sch 5.32; 2012 (57), Sch 2.4; 2016 (310), Sch 4.19 [1] [2]; 2022 (72), Sch 1.40; 2022 (629), Sch 3.7.
Schs 1–3	Rep 2016 (310), Sch 4.19 [3].