{"id":"nsw:epi-1991-0674","name":"Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation)","slug":"penrith-local-environmental-plan-1991-environmental-heritage-conservation","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"674 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181993,"registerId":"nsw-nsw:epi-1991-0674-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of plan","content":"#### 1 Name of plan\n\n1 Name of plan\n\n> This plan may be cited as [Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation)](/view/html/inforce/current/epi-1991-0674).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Heritage aims and objectives","content":"#### 2 Heritage aims and objectives\n\n2 Heritage aims and objectives\n\n> > (1) The general aim of this plan is to assist in the conservation and enhancement of the heritage items and heritage conservation areas of the City of Penrith.\n> \n> > (2) The particular objectives of this plan are—\n> > \n> > > (a) to identify heritage items and heritage conservation areas,\n> > \n> > > (b) to integrate heritage conservation into the planning and development control processes,\n> > \n> > > (c) to provide for public involvement in the matters relating to the conservation of the area’s environmental heritage,\n> > \n> > > (d) to control the demolition of heritage items and other buildings and works within heritage conservation areas,\n> > \n> > > (e) to identify those matters requiring consideration by developers and by the Council during processing of development applications,\n> > \n> > > (f) to ensure that new development is undertaken in a manner that is sympathetic to, and does not detract from, the heritage significance of the items and their settings, as well as streetscapes and landscapes and the distinctive character that they impart to the land to which this plan applies,\n> > \n> > > (g) to provide incentives to owners of heritage items, and\n> > \n> > > (h) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts.\n> \n> **cl 2:** Am 2020 (724), Sch 1.11\\[1\\] \\[2\\].","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Land to which plan applies","content":"#### 3 Land to which plan applies\n\n3 Land to which plan applies\n\n> > (1) This plan applies to all land within the City of Penrith.\n> \n> > (2) This plan does not apply to the heritage items specified in Part 3 (Deferred heritage items) of Schedule 2.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Relationship to other environmental planning instruments","content":"#### 4 Relationship to other environmental planning instruments\n\n4 Relationship to other environmental planning instruments\n\n> > (1) In the event of an inconsistency between this plan and any other local environmental plan or deemed environmental planning instrument, this plan shall prevail to the extent of the inconsistency.\n> \n> > (2) In the event of an inconsistency between this plan and [State Environmental Planning Policy (Precincts—Western Parkland City) 2021](/view/html/inforce/current/epi-2021-0728), Chapter 5, the State environmental planning policy shall prevail to the extent of the inconsistency.\n> \n> > (3) Clauses 6, 9 and 10 of [State Environmental Planning Policy No 4—Development Without Consent](/view/html/repealed/current/epi-1981-0021) do not apply to a heritage conservation area within the meaning of this plan.\n> \n> **cl 4:** Am 2012 (57), Sch 2.1 \\[1\\]; 2022 (72), Sch 1.36.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Amendment of certain other environmental planning instruments","content":"#### 5 Amendment of certain other environmental planning instruments\n\n5 Amendment of certain other environmental planning instruments\n\n> > (1) Each interim development order specified in Column 1 of Part 1 of Schedule 1 is amended by inserting after the clause specified in Column 2 of that Schedule opposite that order the following clause, numbered as shown in Column 3 of that Schedule opposite that order—\n> \n> > (2) Each local environmental plan specified in Column 1 of Part 2 of Schedule 2 is amended by inserting after the clause specified in Column 2 of that Schedule opposite that plan the following clause, numbered as shown in Column 3 of that Schedule opposite that plan—\n> \n> > (3) Penrith Planning Scheme Ordinance is amended by inserting after clause 1 the following clause—\n> \n> > (4) Penrith Local Environmental Plan No 43 is further amended by omitting clause 12 (b).\n> \n> > (5) Penrith Local Environmental Plan No 179 is further amended—\n> > \n> > > (a) by omitting from clause 5 (1) the definitions of demolition, item of environmental heritage, relic and renovation,\n> > \n> > > (b) by omitting clauses 13, 14, 15 and 16.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Definitions","content":"#### 6 Definitions\n\n6 Definitions\n\n> In this plan—\n> \n> alter, in relation to a heritage item or to a building or work within a heritage conservation area, means—\n> \n> > (a) make structural changes to the outside of the heritage item, building or work, or\n> \n> > (b) make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work, other than changes that maintain existing detail, fabric, finish or appearance of the outside of the heritage item, building or work.\n> \n> appointed day means the day upon which this plan takes effect.\n> \n> Council means the Council of the City of Penrith.\n> \n> demolition, in relation to a heritage item or to a building, work, relic or place within a heritage conservation area, means the damaging, defacing, destruction, pulling down or removal of the heritage item, building, work, relic or place in whole or in part.\n> \n> heritage conservation area means the land—\n> \n> > (a) shown edged heavy black, stippled and marked “Heritage Conservation Area” on the map, and\n> \n> > (b) described in Part 2 of Schedule 2.\n> \n> heritage item means a building, work, relic, tree or place of heritage significance—\n> \n> > (a) situated on land shown edged heavy black on the map, and\n> \n> > (b) described in Part 1 of Schedule 2.\n> \n> heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.\n> \n> maintenance means the continuous protective care of the fabric of a heritage item and its setting.\n> \n> relic means any deposit, object or material evidence (terrestrial or underwater) relating to the use or settlement of the land to which this plan applies which is 50 or more years old.\n> \n> the Act means the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> \n> the map means the map marked “Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation)” and deposited in the office of the Council.","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Consent authority","content":"#### 7 Consent authority\n\n7 Consent authority\n\n> > (1) The Council shall be the consent authority for the purposes of this plan.\n> \n> > (2) Despite subclause (1), the Minister shall be the consent authority for the purposes of this plan in respect of land to which [State Environmental Planning Policy (Precincts—Western Parkland City) 2021](/view/html/inforce/current/epi-2021-0728), Chapter 5 applies.\n> \n> **cl 7:** Am 2012 (57), Sch 2.1 \\[2\\]; 2022 (72), Sch 1.36.","sortOrder":10},{"sectionNumber":"Part 2","sectionType":"part","heading":"Special provisions","content":"# Part 2 Special provisions\n\nPart 2 Special provisions","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Heritage items","content":"#### 8 Heritage items\n\n8 Heritage items\n\n> > (1) A person must not, in respect of a building, work, tree, relic or place that is a heritage item—\n> > \n> > > (a) demolish or alter the building or work,\n> > \n> > > (b) damage or move the relic,\n> > \n> > > (c) excavate for the purpose of exposing the relic,\n> > \n> > > (d) damage or despoil the place or tree,\n> > \n> > > (e) erect a building on, or subdivide, land on which the building, work or relic is situated or that comprises the place, or\n> > \n> > > (f) damage any tree on land on which the building, work or relic is situated or on the land which comprises the place,\n> > \n> > except with the consent of the Council.\n> \n> > (2) An applicant for consent required by this clause must lodge with the Council a statement which includes reference to the following matters—\n> > \n> > > (a) the significance of the item as a heritage item,\n> > \n> > > (b) the extent to which the proposal would affect the heritage significance of the item and its site,\n> > \n> > > (c) whether any stylistic, horticultural or archaeological features of the item or its site should be retained,\n> > \n> > > (d) whether the item constitutes a danger to the users or occupiers of that item or to the public,\n> > \n> > > (e) whether the permanent conservation of the building or work is considered necessary,\n> > \n> > > (f) the probability of the building or work being incapable of reasonable or economic use.\n> \n> > (3) The Council must, in determining an application required by this clause, take into consideration the matters listed in subclause (2).\n> > \n> > Note—\n> > \n> > The website of the Heritage Branch of the Department of Planning has publications that provide guidance on assessing the impact of proposed development on the heritage significance of items (for example, Statements of Heritage Impact).\n> \n> **cl 8:** Am 2008 (571), Sch 3.140 \\[1\\].","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Development in the vicinity of heritage items","content":"#### 9 Development in the vicinity of heritage items\n\n9 Development in the vicinity of heritage items\n\n> The Council must not grant consent to an application to carry out development on land in the vicinity of a heritage item unless it has made an assessment of the effect the carrying out of that development will have on the heritage significance of the item and its setting.","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Heritage conservation areas","content":"#### 10 Heritage conservation areas\n\n10 Heritage conservation areas\n\n> > (1) A person must not, in respect of a heritage conservation area—\n> > \n> > > (a) demolish or alter a building or work within the area,\n> > \n> > > (b) damage or move a relic within the area,\n> > \n> > > (c) excavate for the purpose of exposing a relic within the area,\n> > \n> > > (d) damage or despoil a place or tree within the area, or\n> > \n> > > (e) erect a building on, or subdivide, land within the area,\n> > \n> > except with the consent of the Council.\n> \n> > (2) An applicant for consent to erect a building required by this clause must lodge with the Council a statement which includes reference to the following matters—\n> > \n> > > (a) the pitch and form of the roof,\n> > \n> > > (b) the style, size, proportion and position of the openings for windows and doors,\n> > \n> > > (c) whether the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building are compatible with the materials used in the existing buildings in the heritage conservation area.\n> \n> > (3) The Council must, in determining an application required by this clause, take into consideration—\n> > \n> > > (a) the matters listed in subclause (2), and\n> > \n> > > (b) the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage conservation area.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":null,"content":"#### 11\n\n11 (Repealed)","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Conservation incentives relating to heritage items","content":"#### 12 Conservation incentives relating to heritage items\n\n12 Conservation incentives relating to heritage items\n\n> > (1) Nothing in this plan prevents the Council from granting consent to an application—\n> > \n> > > (a) to use, for any purpose, a building that is a heritage item or the land on which the building is erected, or\n> > \n> > > (b) to use, for any purpose, a building within a heritage conservation area or the land on which that building is erected,\n> > \n> > if it is satisfied that—\n> > \n> > > (c) the proposed use would have little or no adverse effect on the amenity of the area, and\n> > \n> > > (d) the conservation of the building is unlikely unless the Council grants consent as referred to in this clause.\n> \n> > (2) When considering an application to carry out development on land upon which there is situated a heritage item, the Council may vary the provisions of any applicable codes, policies and development control plans of the Council if the Council is satisfied that the conservation of the heritage item depends upon the Council granting consent to the application.","sortOrder":17},{"sectionNumber":"13","sectionType":"section","heading":"Standards that cannot be used to refuse consent—playing and performing music","content":"#### 13 Standards that cannot be used to refuse consent—playing and performing music\n\n13 Standards that cannot be used to refuse consent—playing and performing music\n\n> > (1) The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—\n> > \n> > > (a) the playing or performance of music, including the following—\n> > > \n> > > > (i) the genre of music played or performed, or\n> > > \n> > > > (ii) whether the music played or performed is live or amplified, or\n> > > \n> > > > (iii) whether the music played or performed is original music, or\n> > > \n> > > > (iv) the number of musicians or live entertainment acts playing or performing, or\n> > > \n> > > > (v) the type of instruments played,\n> > \n> > > (b) whether dancing occurs,\n> > \n> > > (c) the presence or use of a dance floor or another area ordinarily used for dancing,\n> > \n> > > (d) the direction in which a stage for players or performers faces,\n> > \n> > > (e) the decoration to be used, including, for example, mirror balls, or lighting used by players or performers.\n> \n> > (2) The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.\n> \n> > (3) In this clause—\n> > \n> > licensed premises has the same meaning as in the [Liquor Act 2007](/view/html/inforce/current/act-2007-090).\n> \n> **cl 13:** Ins 2020 (724), Sch 3.","sortOrder":18},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedule 1\n\n(Clause 5 (1))","sortOrder":19},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2\n\n(Clause 6)","sortOrder":22},{"sectionNumber":"Part 3","sectionType":"part","heading":"Deferred heritage items","content":"# Part 3 Deferred heritage items\n\nPart 3 Deferred heritage items\n\n| SM25 | Cottages | Lot 1, DP 2664, 14 Pages RoadLot 3, DP 1432, 16 Pages Road |\n| SM32 | The Receiving Shed (Thompsons Tannery) | Lot 8, Sec 4, DP 134,92 Saddington Street |\n| SM33 | Cottage | Lot 3, Sec 4, DP 134, 102 Saddington Street |","sortOrder":25}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the plan appears to have remained focused on its original purpose of environmental heritage conservation within the Penrith local government area. The multiple amendments suggest refinements and updates over time (e.g., likely adding or adjusting heritage listings), but there is no indication of a fundamental shift in scope away from heritage protection. The substantive provisions were not available for deeper analysis."},"complexity_factors":["Only metadata and administrative information was provided — the actual operative provisions of the plan are absent, limiting full analysis","Local Environmental Plans sit within a layered NSW planning framework (under the Environmental Planning and Assessment Act 1979), which itself adds complexity for those unfamiliar with planning law","Heritage conservation rules can interact with other planning controls, creating complexity for affected landowners","Multiple amendments over the plan's life (1999, 2008, 2012, 2020, 2021, 2022) mean determining which rules apply at any given time requires checking version history","Geographically limited scope (Penrith LGA only) keeps complexity relatively contained"],"plain_english_summary":"Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) is a local planning law for the Penrith LGA that identifies and protects heritage buildings, sites, landscapes and features. It limits alterations or demolition of listed items by requiring development consent and guides council decisions on heritage-related applications.\n\nIt affects property owners, developers, council and the community by controlling what can be done to heritage assets in Penrith. Current consolidated version in force from 4 March 2022."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has grown beyond its original 1991 heritage conservation purpose. The 2020 amendment inserted clause 13, which creates special protections for live music and entertainment in licensed premises—a cultural/entertainment planning measure unrelated to heritage conservation. This transforms the instrument from purely heritage protection into a hybrid heritage/cultural planning tool. Additionally, the 2022 amendments regarding the Western Parkland City State Environmental Planning Policy show the plan has been adapted for major strategic planning initiatives far removed from its original scope."},"complexity_factors":["Multiple duplicate clause 5 headings with different numbering (5, 5, 5, 1A) suggesting consolidation errors or amendments from different instruments","Extensive cross-referencing to other planning instruments (State Environmental Planning Policies, Interim Development Orders, and multiple other Local Environmental Plans)","Schedule 1 contains a table modifying 41 separate Interim Development Orders and 12 other Local Environmental Plans","Schedule 2 contains a detailed inventory of 200+ heritage items with specific lot/DP references requiring map cross-reference","Nested definitions with specific exclusions (e.g., 'alter' excludes changes that maintain existing appearance)","Conditional consent requirements with mandatory statement requirements (clauses 8 and 10)","Exception to the exception in clause 4(2) where a specific State Policy overrides this plan despite the general 'prevail' rule in clause 4(1)","Deferred heritage items in Part 3 of Schedule 2 create a separate category with different application rules (clause 3(2))"],"plain_english_summary":"This is a local planning law for Penrith, a city in Western Sydney, that protects heritage buildings, sites, and areas. It creates rules to stop people from knocking down or damaging heritage-listed properties without permission from the local council.\n\n**What it does:**\n- **Identifies heritage items**: Creates a list of over 200 specific buildings, trees, archaeological sites, and other places with historical or cultural significance (like old farmhouses, churches, railway stations, and cemeteries).\n- **Creates heritage conservation areas**: Designates three special zones (Lemongrove, St. Marys Permanent Cottage Area, and Derby Street Area) where development must match the character of the neighbourhood.\n- **Controls demolition and changes**: You need council approval to demolish, alter, or damage any heritage item, or to build new structures near them.\n- **Protects music and arts venues**: Includes special rules (added in 2020) that stop the council from rejecting development applications for pubs and licensed venues just because they want to play live music or have dancing.\n- **Offers incentives**: Allows the council to approve alternative uses for heritage buildings if that helps preserve them.\n\n**Who it affects:**\n- Property owners in Penrith who own heritage-listed buildings or land in conservation areas.\n- Developers wanting to build near heritage sites.\n- Businesses operating licensed premises (pubs, clubs) with live music.\n\n**Why it matters:**\nIt balances protecting Penrith's history (including colonial farms, industrial sites, and Aboriginal heritage areas) with allowing sensible modern development. The law ensures new buildings don't ruin the character of historic streetscapes, while also supporting cultural life by protecting live music venues from overly restrictive planning rules."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The instrument has been amended since enactment to adjust objectives and inter-instrument relations (cl 2 amended; cl 4 clarifies precedence with a State SEPP), to alter requirements and exemptions in other local instruments (cl 5 and Sch 1), and to add sector-specific protections such as the standards-for-music provision (cl 13). These amendments modify operational scope and decision-making discretion compared with the original text."},"complexity_factors":["Large, detailed inventory of heritage items and conservation areas in Schedule 2 increases application-specific complexity (Sch 2 Parts 1–2).","Interplay with other instruments: this plan prevails over local instruments but yields to a specified State SEPP in Chapter 5 (cl 4(1)–(2)).","Consent and information requirements: mandatory heritage statements for many consents create procedural and compliance burdens on applicants (cls 8(2), 10(2)).","Discretionary powers: Council may relax or vary applicable codes and offer incentives to enable conservation, introducing administrative discretion (cl 12).","Specific sector carve-outs add nuance — e.g. limits on refusing licensed-premises development for music-related matters (cl 13).","Definitions centralise key terms (alter, demolition, relic, heritage significance) but require careful application in practice (cl 6).","Presence of deferred items (Sch 2 Part 3) and amendments to other EPIs (cl 5 and Sch 1) complicate scope and transitional handling."],"plain_english_summary":"Mechanically, the plan makes virtually all land in the City of Penrith subject to heritage controls: you generally need Council consent to demolish, alter, excavate or develop listed heritage items or land inside heritage conservation areas (cls 3, 8, 10). The Council is the consent authority (cl 7); applicants must provide statements addressing heritage significance and impact (cl 8(2), 10(2)), and the Council may vary other planning standards or grant incentives to secure conservation (cl 12)."}},"importantCases":[],"_links":{"self":"/api/acts/penrith-local-environmental-plan-1991-environmental-heritage-conservation","history":"/api/acts/penrith-local-environmental-plan-1991-environmental-heritage-conservation/history","analysis":"/api/acts/penrith-local-environmental-plan-1991-environmental-heritage-conservation/analysis","conflicts":"/api/acts/penrith-local-environmental-plan-1991-environmental-heritage-conservation/conflicts","importantCases":"/api/acts/penrith-local-environmental-plan-1991-environmental-heritage-conservation/important-cases","documents":"/api/acts/penrith-local-environmental-plan-1991-environmental-heritage-conservation/documents"}}