{"id":"nsw:epi-2001-0516","name":"Penrith Local Environmental Plan No 258—Consent for Dwelling Houses and Other Development","slug":"penrith-local-environmental-plan-no-258-consent-for-dwelling-houses-and-other-development","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"516 of 2001","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181841,"registerId":"nsw-nsw:epi-2001-0516-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 258—Consent for Dwelling Houses and Other Development](/view/html/inforce/current/epi-2001-0516).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Aims of plan","content":"#### 2 Aims of plan\n\n2 Aims of plan\n\n> This plan aims to—\n> \n> > (a) require development consent for dwelling houses on residentially zoned land within the City of Penrith, and\n> \n> > (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on land within the Special Business zone under [Penrith Local Environmental Plan 1997 (Penrith City Centre)](/view/html/repealed/current/epi-1997-0646), and\n> \n> > (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\n> \n> > (d) require development consent for the following—\n> > \n> > > (i) the erection of a building or structure ordinarily associated with a dwelling house,\n> > \n> > > (ii) a change of building use,\n> > \n> > Note—\n> > \n> > 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.\n> > \n> > > (iii) demolition of a building or structure,\n> > \n> > > (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,\n> > \n> > > (v) the subdivision of land,\n> > \n> > 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.","sortOrder":1},{"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> This plan applies to all land within the City of Penrith.","sortOrder":2},{"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 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.\n> \n> > (2) (Repealed)\n> \n> > (3) 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), Chapters 5 and 6,\n> > \n> > > (d) [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Chapter 6,\n> > \n> > > (e) [Penrith Local Environmental Plan No 255—Exempt and Complying Development](/view/html/inforce/current/epi-2000-0122).\n> \n> **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.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n5 Definitions\n\n> > (1) In this plan—\n> > \n> > 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.\n> > \n> > change of building use has the same meaning as in the Act.\n> > \n> > Note—\n> > \n> > 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.\n> > \n> > 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.\n> > \n> > dwelling house means a dwelling which is the only dwelling erected on an allotment of land.\n> > \n> > subdivision of land has the same meaning as in the Act.\n> > \n> > the Act means the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> \n> > (2) The list of contents and notes in this plan are not part of this plan.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Dwelling houses require development consent","content":"#### 6 Dwelling houses require development consent\n\n6 Dwelling houses require development consent\n\n> > (1) The erection of a dwelling house must not be carried out without development consent.\n> \n> > (2) This clause applies to residentially zoned land within the City of Penrith.\n> \n> > (3) This clause applies if the development—\n> > \n> > > (a) does not require development consent because of another environmental planning instrument, and\n> > \n> > > (b) is not prohibited by another environmental planning instrument.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Miscellaneous development that requires development consent","content":"#### 7 Miscellaneous development that requires development consent\n\n7 Miscellaneous development that requires development consent\n\n> > (1) The following development must not be carried out without development consent—\n> > \n> > > (a) erection of a building or structure ordinarily associated with a dwelling house, or\n> > \n> > > (b) development that results in a change of building use, or\n> > \n> > > (c) demolition of a building or structure, or\n> > \n> > > (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.\n> \n> > (2) This clause applies if the development—\n> > \n> > > (a) does not require development consent because of another environmental planning instrument, and\n> > \n> > > (b) is not prohibited by another environmental planning instrument, and\n> > \n> > > (c) is not identified in [Penrith Local Environmental Plan No 255—Exempt and Complying Development](/view/html/inforce/current/epi-2000-0122) as exempt development, and\n> > \n> > > (d) does not involve Crown building work as defined in section 116G of the Act.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Subdivisions require development consent","content":"#### 8 Subdivisions require development consent\n\n8 Subdivisions require development consent\n\n> > (1) A subdivision of land must not be carried out without development consent.\n> \n> > (2) This clause applies if the subdivision of land—\n> > \n> > > (a) does not require development consent because of another environmental planning instrument, and\n> > \n> > > (b) is not prohibited by another environmental planning instrument, and\n> > \n> > > (c) is not identified in [Penrith Local Environmental Plan No 255—Exempt and Complying Development](/view/html/inforce/current/epi-2000-0122) as exempt development, and\n> > \n> > > (d) does not involve Crown building work as defined in section 116G of the Act.","sortOrder":7},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedules 1–3 (Repealed)\n\n**schs 1–3:** Rep 2016 (310), Sch 4.19 \\[3\\].","sortOrder":8}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: requiring development consent for dwelling houses and associated development in Penrith. While clause 4 has been amended multiple times to update references to current State Environmental Planning Policies (replacing older instruments with 2021 versions), these are maintenance amendments that keep the plan current without expanding its substantive scope. The repeal of Schedules 1-3 in 2016 actually narrowed the instrument rather than expanding it."},"complexity_factors":["Only 8 operative clauses plus definitions","7 defined terms in clause 5, all straightforward (dwelling, dwelling house, etc.)","Simple conditional structure: 'this applies if X does not already require consent under another instrument'","Cross-references to other planning instruments are limited and clearly identified (State EPPS and Penrith LEP No 255)","No nested exceptions or complex conditional logic — each clause has a simple 3-4 part test","Schedules 1-3 have been repealed, leaving a very short instrument","Plain English aims statement in clause 2 aids comprehension"],"plain_english_summary":"**What this legislation does:**\n\nThis is a local planning rule for Penrith, a city in Western Sydney. It makes sure certain building work needs council approval (called \"development consent\") before it can go ahead.\n\n**Who it affects:**\n\n- **Homeowners and builders** in Penrith who want to build or modify houses\n- **Business owners** running shops, offices, bed and breakfasts, or take-away food shops who want to do building work\n- **Property developers** who want to subdivide land (cut a block into smaller pieces)\n\n**What needs approval:**\n\nThe plan requires council approval for:\n\n- **Building new houses** on residential land, plus some non-residential zones (like rural and special business areas)\n- **Granny flats, garages, carports, pergolas and pools** — basically anything normally built with a house\n- **Changing what a building is used for** (for example, turning a warehouse into apartments — this is called a \"change of building use\")\n- **Knocking down buildings** (demolition)\n- **Building work on businesses** — structural changes, internal renovations, or external work on shops, offices, and food outlets\n- **Subdividing land** (creating new titles)\n\n**Important catches:**\n\nThis plan only kicks in if the work **doesn't already need approval under another planning rule**. It's a \"safety net\" — it catches development that might otherwise slip through the cracks without council oversight.\n\n**Why it matters:**\n\nWithout this plan, some types of building work could happen without council checking if they meet safety standards, fit the neighbourhood character, or comply with zoning rules. It ensures Penrith City Council maintains oversight over the built environment in their area."},"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"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information (title and amendment history only), there is no evidence the scope changed from the original intent. The plan has been periodically updated since 2001 but continues to deal with consent requirements for dwelling houses and other development in Penrith — consistent with its original stated purpose."},"complexity_factors":["Only metadata and navigation content was provided — no substantive legal provisions are visible, making meaningful legal analysis impossible","Local Environmental Plans can interact with state-level planning legislation (Environmental Planning and Assessment Act 1979), adding a layer of complexity for those seeking to understand the full legal framework","Multiple amendments over two decades (2001, 2008, 2012, 2016, 2022) mean different rules may have applied at different times, which could matter for older development approvals","The title references both 'dwelling houses' and 'other development', suggesting multiple categories of land use may be covered with potentially different consent requirements"],"plain_english_summary":"Penrith Local Environmental Plan No 258 is a local planning law for the Penrith LGA that determines when development consent is required for dwelling houses and other development. It affects landowners, homeowners, businesses and developers in Penrith, guiding whether council approval is needed before building or renovating.\n\nKnowing the plan matters to avoid fines, stop-work orders or demolition. The detailed rules aren’t in the summary provided; the plan dates from 2001 with updates, most recently November 2022."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The plan’s interaction with other instruments has been updated through amendments and repeals. Clause 4 carries amendment notes (2007, 2012, 2016, 2022) that alter which State EPIs and provisions are expressly preserved; Schedules 1–3 were repealed (Rep 2016). Those changes modify how widely and in what circumstances the consent requirements operate relative to other planning instruments (cl 4; Schs 1–3 rep)."},"complexity_factors":["Broad but clearly delimited scope: applies to all land within the City of Penrith (cl 3) yet subject to exceptions where other instruments apply (cl 6–8).","Multiple conditional exceptions and cross‑checks: each consent requirement applies only if the development “does not require consent because of another environmental planning instrument” and “is not prohibited” (cl 6(3), cl 7(2), cl 8(2)).","Reliance on external instruments and definitions: refers to State SEPPs, Penrith LEP No 255 (exempt/complying development), the Act (definitions, s116G) and the Building Code of Australia (cl 4, cl 5, notes).","Precedence and subject‑matter interaction: a local‑instrument precedence clause operates subject to s36(4) of the Act, requiring attention to hierarchy (cl 4).","Limited internal detail: many operative effects depend on the content of other instruments (exemptions, Crown works), increasing interpretive dependence on external texts (cl 7(2)(c),(d); cl 8(2)(c),(d)).","Historical amendments and repeals: clause 4 shows multiple amendments and Schedules 1–3 have been repealed, so current application depends on those legislative changes (amendment notes; Schs 1–3 rep)."],"plain_english_summary":"This plan makes a range of works in the City of Penrith — including erecting dwelling houses, garages and pools, changes of building use, demolition, certain building works for businesses, and subdivision — subject to development consent unless another planning instrument or an exempt/complying rule applies. It applies to all land in the City, defines key terms, and sets how it interacts with state and local planning instruments, shifting decisions about these activities into the development‑consent process (see cl 2–8)."}},"importantCases":[],"_links":{"self":"/api/acts/penrith-local-environmental-plan-no-258-consent-for-dwelling-houses-and-other-development","history":"/api/acts/penrith-local-environmental-plan-no-258-consent-for-dwelling-houses-and-other-development/history","analysis":"/api/acts/penrith-local-environmental-plan-no-258-consent-for-dwelling-houses-and-other-development/analysis","conflicts":"/api/acts/penrith-local-environmental-plan-no-258-consent-for-dwelling-houses-and-other-development/conflicts","importantCases":"/api/acts/penrith-local-environmental-plan-no-258-consent-for-dwelling-houses-and-other-development/important-cases","documents":"/api/acts/penrith-local-environmental-plan-no-258-consent-for-dwelling-houses-and-other-development/documents"}}