{"id":"nsw:epi-2000-0122","name":"Penrith Local Environmental Plan No 255—Exempt and Complying Development","slug":"penrith-local-environmental-plan-no-255-exempt-and-complying-development","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"122 of 2000","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181896,"registerId":"nsw-nsw:epi-2000-0122-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of plan","content":"#### 1 Name of plan\n\n1 Name of plan\n\n> This plan is [Penrith Local Environmental Plan No 255—Exempt and Complying Development](/view/html/inforce/current/epi-2000-0122).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Area covered by this plan","content":"#### 2 Area covered by this plan\n\n2 Area covered by this plan\n\n> > (1) This plan applies to all land within the City of Penrith.\n> \n> > (2) Despite subclause (1), this plan does not apply to land that—\n> > \n> > > (a) is critical habitat or contains a threatened species or an endangered population or an endangered ecological community within the meaning of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101), or\n> > \n> > > (b) is affected by a recovery plan or threat abatement plan under the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101), or\n> > \n> > > (c) is, or is part of, a wilderness area within the meaning of the [Wilderness Act 1987](/view/html/inforce/current/act-1987-196), or\n> > \n> > > (d) is an Aboriginal relic or area within the meaning of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), or\n> > \n> > > (e) is listed in the Register of the National Estate complied by the Australian Heritage Commission or is on the Interim list of that Register, or\n> > \n> > > (f) is dedicated or reserved under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), or\n> > \n> > > (g) is an aquatic reserve under the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038), or\n> > \n> > > (h) is reserved or dedicated under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or\n> > \n> > > (i) is or adjoins the Hawkesbury-Nepean River, or\n> > \n> > > (j) is part of or adjoins—\n> > > \n> > > > (i) a Riverine Scenic Area under [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Chapter 6, or\n> > > \n> > > > (ii) a Hawkesbury-Nepean conservation area sub-catchment under [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Chapter 6, or\n> > \n> > > (ja) is identified as “coastal wetlands” on the [Coastal Wetlands and Littoral Rainforests Area Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/), within the meaning of [State Environmental Planning Policy (Resilience and Hazards) 2021](/view/html/inforce/current/epi-2021-0730), Chapter 2, or\n> > \n> > > (k) is identified by an environmental planning instrument or a deemed environmental planning instrument as an item of environmental heritage, or\n> > \n> > > (l) is subject to an order under the [Heritage Act 1977](/view/html/inforce/current/act-1977-136), or\n> > \n> > > (m) is shown in hatching edged by a heavy black line and referred to on the map as either “EXCLUDED LAND” or “DEFERRED MATTER”.\n> \n> **cl 2:** Am 2019 (621), Sch 2.13; 2022 (72), Sch 1.39\\[1\\]; 2022 (629), Sch 3.6\\[1\\].","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Relationship to other environmental planning instruments","content":"#### 3 Relationship to other environmental planning instruments\n\n3 Relationship to other environmental planning instruments\n\n> > (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 this clause and section 36 of the Act.\n> \n> > (2) (Repealed)\n> \n> > (3) Nothing in this plan affects the application of [Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation)](/view/html/inforce/current/epi-1991-0674) to land to which this plan applies.\n> \n> > (4) This plan does not affect the application of the following environmental planning instruments to land to which this plan applies—\n> > \n> > > (a) [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 2,\n> > \n> > > (b) [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731), Chapter 3,\n> > \n> > > (c) [State Environmental Planning Policy (Precincts—Western Parkland City) 2021](/view/html/inforce/current/epi-2021-0728), Chapter 5,\n> > \n> > > (d) [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Chapter 6.\n> \n> **cl 3:** Am 2007 (641), Sch 5.31; 2012 (57), Sch 2.3; 2016 (310), Sch 4.18 \\[1\\] \\[2\\]; 2022 (72), Sch 1.39\\[2\\]; 2022 (629), Sch 3.6\\[2\\].","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Suspension of certain covenants etc","content":"#### 4 Suspension of certain covenants etc\n\n4 Suspension of certain covenants etc\n\n> > (1) Any agreement, covenant or similar instrument which would otherwise prohibit or restrict exempt development allowed by this plan does not apply to the extent necessary to allow that development.\n> \n> > (2) Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.\n> \n> > (3) In accordance with section 28 of the Act, the Governor approved of subclauses (1) and (2) before this plan was made.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Aim of plan","content":"#### 5 Aim of plan\n\n5 Aim of plan\n\n> The aim of this plan is to provide for exempt and complying development in the City of Penrith.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Definitions","content":"#### 6 Definitions\n\n6 Definitions\n\n> In this plan—\n> \n> Council means the Council of the City of Penrith.\n> \n> the map means the map marked “Penrith Local Environmental Plan No 255—Exempt and Complying Development” deposited in the office of the Council, as amended by the maps deposited in the office of the Council and marked as follows—\n> \n> Editorial note—\n> \n> The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.\n> \n> > Penrith Local Environmental Plan No 255—Exempt and Complying Development (Amendment No 1)\n> \n> **cl 6:** Am 1.3.2002.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"What is exempt and complying development?","content":"#### 7 What is exempt and complying development?\n\n7 What is exempt and complying development?\n\n> > (1) Development of minimal environmental impact listed as exempt development in Part 5 (Exempt and Complying Development) of Penrith Development Control Plan 2006, as adopted by the Council on 21 August 2006, is exempt development, despite the provisions of any other environmental planning instrument applying to the land to which this plan applies.\n> \n> > (2) Development listed as complying development in Part 5 (Exempt and Complying Development) of Penrith Development Control Plan 2006, as adopted by the Council on 21 August 2006, is complying development if—\n> > \n> > > (a) it is local development of a kind that can be carried out with consent on the land on which it is proposed, and\n> > \n> > > (b) it is not an existing use, as defined in section 106 of the Act.\n> \n> > (3) Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Part 5 (Exempt and Complying Development) of Penrith Development Control Plan 2006, as adopted by the Council on 21 August 2006.\n> \n> > (4) A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Part 5 (Exempt and Complying Development) of Penrith Development Control Plan 2006 adopted by the Council, as in force when the certificate is issued.\n> \n> **cl 7:** Am 26.11.2001; 29.10.2004; 2006 (755), Sch 2 \\[1\\]–\\[3\\].","sortOrder":6}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The instrument’s coverage has been narrowed over time by added exclusions for protected, heritage and mapped environmental areas (see cl 2(2) and associated amendment notes). Relationship and precedence provisions have also been amended to preserve specific State policies (cl 3(1), cl 3(4)), altering how broadly the plan applies compared with its original, earlier form."},"complexity_factors":["Delegation of substantive development standards to an external instrument (Penrith DCP Part 5) rather than contained in the plan itself (cl 7(1)–(4)).","Numerous, specific geographic and statutory exclusions that require cross‑checking other Acts and maps (cl 2(2)).","Priority rule where this plan prevails over other local plans subject to section 36 of the Act, creating interaction issues with other instruments (cl 3(1)).","Explicit carve‑outs preserving the operation of several State Environmental Planning Policies (cl 3(4)), so multiple instruments must be read together.","Suspension of private agreements (covenants) only to the extent necessary, while preserving public authority registered interests (cl 4(1)–(2)), creating limited reinstatement and interpretation work.","Requirement that complying development certificates carry DCP conditions in force when issued, producing time‑sensitive compliance checks (cl 7(4)).","Reliance on an internal map and amendment history held by Council, requiring record checks to determine current coverage (cl 6)."],"plain_english_summary":"This plan allows low‑impact \"exempt\" and standard \"complying\" development across the City of Penrith by deferring technical rules to Part 5 of the Penrith Development Control Plan 2006 (cl 7(1)–(3)). It does not apply to certain protected, heritage or specially mapped areas (cl 2(2)). Owners proposing exempt/complying works must meet the DCP standards and conditions and obtain any required complying development certificate (cl 7(3)–(4)). Private covenants that would block exempt works are suspended to the extent necessary, but public authority interests remain (cl 4(1)–(2))."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The plan has been amended at least 10 times since its original enactment in March 2000, suggesting its scope has evolved — likely expanding categories of exempt and complying development in line with NSW state government policy trends toward streamlining planning approvals. The frequency of amendments (particularly post-2016) aligns with broader NSW reforms to reduce red tape in the planning system."},"complexity_factors":["Geographically limited scope (Penrith LGA only) reduces complexity for most readers","Multiple amendments over 22+ years mean historical versions must be checked for past development decisions","Interaction with state-level environmental planning policies (SEPPs) and the Environmental Planning and Assessment Act 1979 creates a layered regulatory framework","Distinction between 'exempt' and 'complying' development categories requires careful reading of specific criteria","The document provided is largely metadata/navigation content rather than the substantive legal text, limiting full analysis","Private certifier involvement adds a quasi-privatised approval pathway that can confuse property owners"],"plain_english_summary":"Penrith Local Environmental Plan No 255 (in force 21 Nov 2022) streamlines minor development in the Penrith LGA by identifying low‑impact work that needs no approval (exempt) and slightly larger work eligible for fast‑track certification (complying). It speeds up building and renovation decisions for homeowners, builders and private certifiers.\n\nThe document here is metadata; the full plan contains the detailed size, location and condition rules that determine eligibility."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing exempt and complying development pathways for Penrith. While it has been amended multiple times (notably in 2019 and 2022) to update cross-references to newer State Environmental Planning Policies and to expand the excluded land categories, these changes reflect evolutionary updates rather than scope creep. The core mechanism — delegating technical standards to the Development Control Plan while maintaining the legislative framework — has remained consistent since 2000."},"complexity_factors":["Heavy reliance on external documents: the actual development standards live in Penrith Development Control Plan 2006, not in this instrument itself","13 separate exclusion categories in clause 2(2), many requiring cross-checking against other statutes (Threatened Species Conservation Act, Wilderness Act, National Parks and Wildlife Act, etc.)","Multiple cross-references to State Environmental Planning Policies (SEPPs) and other instruments in clause 3","Nested subclauses in clause 2(2)(j) and (ja) with double-indentation for sub-sub-categories","Interaction between this plan and the 1991 Penrith LEP (Environmental Heritage Conservation) preserved in clause 3(3)","Conditional logic in clause 7: exempt vs complying status depends on meeting standards in an external document, plus additional conditions for complying development (must be 'local development' and not an 'existing use')","Suspension of private covenants in clause 4 creates a carve-out affecting property rights, with a public authority exception"],"plain_english_summary":"**What this legislation does**\n\nThis is a planning rulebook for Penrith, a city in Western Sydney. It creates a fast-track system for certain building projects so they don't need a full development application.\n\n**Two types of fast-tracked development:**\n\n- **Exempt development** — minor projects (like small sheds, fences, or decks) that can go ahead without any council approval at all, provided they meet specific standards\n- **Complying development** — slightly bigger projects that need a \"complying development certificate\" (a quicker approval than a full development application) if they meet predetermined standards\n\n**Who it affects**\n\n- **Property owners and builders** in Penrith who want to do small-scale construction\n- **Penrith City Council**, which administers the rules\n- **Neighbours**, because these projects skip the usual notification and objection process\n\n**Important limits**\n\nThe fast-track doesn't apply everywhere. It **excludes** sensitive areas including:\n- Bushland with threatened species\n- National parks and wilderness areas\n- Aboriginal heritage sites\n- The Hawkesbury-Nepean River and surrounding catchments\n- Heritage-listed properties\n- Coastal wetlands\n\n**Why it matters**\n\nThis plan cuts red tape for straightforward building work. Instead of waiting months for council approval, eligible projects can proceed immediately (exempt) or within days (complying). However, the protections mean environmentally or culturally sensitive land still gets full scrutiny.\n\n**How it works in practice**\n\nThe actual technical standards aren't in this document — they're in the *Penrith Development Control Plan 2006, Part 5*. This legislation simply says \"follow those standards\" and gives them legal force."}},"importantCases":[],"_links":{"self":"/api/acts/penrith-local-environmental-plan-no-255-exempt-and-complying-development","history":"/api/acts/penrith-local-environmental-plan-no-255-exempt-and-complying-development/history","analysis":"/api/acts/penrith-local-environmental-plan-no-255-exempt-and-complying-development/analysis","conflicts":"/api/acts/penrith-local-environmental-plan-no-255-exempt-and-complying-development/conflicts","importantCases":"/api/acts/penrith-local-environmental-plan-no-255-exempt-and-complying-development/important-cases","documents":"/api/acts/penrith-local-environmental-plan-no-255-exempt-and-complying-development/documents"}}