advertisement means the display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure or the carrying out of a work.
agriculture means—
(a) cultivating fruit, vegetable or flower crops, or
(b) keeping or breeding livestock, bees or poultry and other birds, or
(c) cultivating plants in a wholesale plant nursery,
for commercial purposes, but does not include use of an intensive livestock keeping establishment.
appointed day means the day on which this plan takes effect.
backpackers’ hostel means a building having an average of two or more beds in each room and providing temporary shared accommodation for travellers and tourists who have their principal place of residence elsewhere, but (in the development control table) does not include a building or place specifically defined elsewhere in this Schedule.
bed and breakfast establishment means a dwelling house used by its permanent residents to provide short term paid accommodation (which may include meals) for visitors on a room basis and includes homestay accommodation but which does not—
(a) accommodate more than six visitors at any one time, or
(b) involve the employment of persons other than those residents, or
(c) interfere with the amenity of the neighbourhood due to the generation of vehicular traffic, the attraction of customers, or the reduction of car parking in the vicinity of the site, or
(d) involve the sale of liquor or sale of goods from the site, or
(e) involve the provision of a reception centre or a recreation facility.
building has the same meaning as in the Act.
building area means the floor area of a building as measured to the external face of each floor, including all enclosed floor space and enclosed garages.
building or structure ordinarily associated with a dwelling house means a garage, carport, pergola, swimming pool or the like, and includes alterations and additions to an existing dwelling house.
bushfire hazard reduction means a reduction or modification (by controlled burning or mechanical, chemical or manual means) of material that constitutes a bushfire hazard.
business identification sign means an advertisement that displays any or all of the following information relating to the place or premises to which it is fixed—
(a) the identity or a description of the place or premises,
(b) the identity or a description of any person residing or carrying on an occupation at the place or premises,
(c) particulars of any occupation carried on at the place or premises,
(d) such directions or cautions as are usual or necessary relating to the place or premises or any occupation carried on there,
(e) particulars or notifications required or permitted to be displayed by or under any State or commonwealth Act,
(f) particulars relating to the goods, commodities or services dealt with or provided at the place or premises,
(g) particulars of any activities held or to be held at the place or premises,
(h) a reference to an affiliation with a trade, professional or other association relevant to the business conducted at the place or premises.
child care centre means a building or place used for the purpose of supervising or providing care for children which—
(a) caters for 6 or more children, whether or not those children are related to the owner or operator of the building or place, and
(b) may include an educational function, and
(c) may operate for the purpose of gain, and
(d) may include a dwelling house which is attached to, part of, or associated with, the building or place,
but does not include a building or place providing residential care for those children.
classified road means a road or work declared under Part 5 of the Roads Act 1993 to be a main road, a State road, a secondary road, a State highway, a tourist road, a State work, a freeway, a tollway or a controlled access road within the meaning of the Roads Act 1993.
club means a building used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes whether of the same or a different kind and whether or not the whole or part of such building is the premises of a club registered under the Registered Clubs Act 1976.
commercial premises means a building or place used as an office or for other business or commercial purposes but does not include a brothel or a building or place specifically defined elsewhere in this Schedule, or a building or place used for a purpose specifically defined elsewhere in this Schedule.
community facility means a building, place or facility, whether or not provided by the council, provided for use by groups having similar physical, cultural, social, recreational, ethnic or other interests or beliefs, but (in the development control table) does not include a club which is registered under the Registered Clubs Act 1976 or a building or place specifically defined elsewhere in this Schedule.
corporation means the corporation constituted by section 8 (1) of the Act.
council means the Council of the City of Penrith.
development has the same meaning as in the Act.
drain means any channel, conduit or pipe used for removing water other than sewage, and includes stormwater detention basins.
dual occupancy means development that results in two dwellings (whether attached or detached) on a single allotment of land (or which would have that result were it not for the fact that the allotment is to be subdivided as part of the development), however that development is described or provided for in an environmental planning instrument.
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.
educational establishment means a building or place used for education (including teaching) and includes—
(a) a school, and
(b) a tertiary institution, being a university, teachers’ college, technical college or other tertiary college providing formal education which is constituted by or under an Act, and
(c) an art gallery or museum, not used to sell the items displayed in it,
whether or not accommodation for staff and students is provided and whether or not used for the purpose of gain.
fast food take-away restaurant means a building or place (including a take-away restaurant, drive-in take-away restaurant or the like) where food or drink is prepared or offered for sale, whether or not the food or drink is consumed in that building or place or elsewhere, but (in the development control table) does not include a building or a place specifically defined elsewhere in this Schedule.
flood liable land means land which would be inundated as a result of a flood having an annual exceedence probability of 1%.
flood mitigation works means works and measures which are intended to reduce or eliminate the effects of flooding.
general store means a shop which operates primarily to serve the surrounding residential area and does not exceed 100 square metres in gross floor area, and which may include the facilities of a post office, newsagency or dry cleaning agency.
gross floor area means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1400 millimetres above each floor level, but excluding—
(a) columns, fin walls, sun control devices, awnings and any other elements, projections or works outside the general lines of the outer face of the external walls, and
(b) lift towers, cooling towers, machinery and plant rooms, ancillary storage space and air-conditioning ducts, and
(c) carparking needed to meet any requirements of the council and any internal designated vehicular or pedestrian access to that parking, and
(d) space for the loading and unloading of goods, and
(e) internal public arcades and thoroughfares, terraces and balconies with outer walls less, than 1400 millimetres high.
guesthouse means a building or buildings used for paid accommodation for visitors, but only where—
(a) the building or buildings are of a domestic scale of architecture, and
(b) the building or buildings incorporate common facilities for the provision of meals, either to persons temporarily resident or to the public, and whether or not those facilities are licensed, and
(c) the use of the land does not interfere with the amenity of the neighbourhood due to the generation of vehicular traffic, the attraction of customers or the reduction of car parking in the vicinity of the site.
health care consulting rooms means a dwelling house used by not more than 3 health care professionals for the purpose of providing health care services only to outpatients of those health care consulting rooms, and who employ not more than 3 employees in connection with such health care services.
health care professional means a person who provides traditional or complementary professional health care services to members of the public.
health care services means services ordinarily provided by a health care professional to members of the public, but does not include any procedures such as x-rays, ultrasounds, cat scans, radiography or pathology tests or the like.
high technology development means an enterprise that—
(a) has, as a primary function, research into or the manufacture, development, production, processing, distribution or assembly of—
(i) computer software or hardware, or
(ii) electronics or micro electronic systems or goods, or
(iii) communications or telecommunications systems, goods or components, or
(iv) other information based technology, and
(b) may include ancillary office and storage accommodation, and
(c) does not present a hazard or potential hazard to the neighbourhood and does not involve the use of potentially offensive or offensive materials, and
(d) does not, by reason of the scale and nature of its manufacturing, development, production or assembly, interfere with the amenity of the neighbourhood, and
(e) does not involve sales directly to the public from the premises other than online sales.
home activity means a business carried out in a dwelling house or dwelling, or within the site area of a dwelling house or dwelling, by the permanent residents of the dwelling house or dwelling, and which does not involve—
(a) the employment of persons other than those residents, or
(b) customers or clients visiting the premises at any time, or
(c) the display of goods, whether in a window or otherwise, or
(d) the sale of goods by retail from the site, or
(e) the exhibition of an advertisement (other than an advertisement exhibited on that dwelling house or dwelling to indicate the name or occupation of the resident), or
(f) interference with the amenity of the neighbourhood by the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or the like, or
(g) interference with the amenity of the neighbourhood due to the generation of vehicular traffic, the reduction of parking in the vicinity of the site, or the like, or
(h) exposure to view, from any adjacent premises or from any public place, of any unsightly matter.
home business means a business carried out, or partly carried out, in a dwelling house or dwelling, or within the site area of a dwelling house or dwelling, by the permanent residents of the dwelling house or dwelling, and which is ancillary to the dwelling house or dwelling and does not involve—
(a) the employment of more than 2 persons, at any one time, in addition to the permanent residents, or
(b) the exhibition of an advertisement (other than an advertisement exhibited on that dwelling house or dwelling to indicate the name or occupation of the resident), or
(c) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or the like, or
(d) interference with the amenity of the neighbourhood due to the generation of vehicular traffic, the reduction of car parking in the vicinity of the site, visits by customers or clients, or the like, or
(e) exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or
(f) the provision of any essential service main of a greater capacity than that available in the locality, or
(g) a brothel,
but does not include commercial premises as defined elsewhere in this Schedule.
hospital means a building or place (other than an institution) used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, care for people with developmental disabilities, psychiatric care or counselling) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and may include—
(a) ancillary facilities for the accommodation of nurses or other health care workers, and
(b) ancillary shops or restaurants, and
(c) ancillary accommodation for persons receiving health care or for their visitors, and
(d) facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use.
hotel means premises specified in a hotelier’s license granted under the Liquor Act 1982.
housing for older people or people with disabilities has the same meaning as in State Environmental Planning Policy No 5—Housing For Older People or People with a Disability.
industry means an undertaking involving the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or articles for commercial purposes, but does not include any form of industry defined elsewhere in this Schedule.
institution means a penal or reformative establishment.
intensive livestock keeping establishment means a building or place in which or on which cattle, sheep, goats, poultry or other livestock are held for the purpose of nurturing by a feeding method other than natural grazing and, without limiting the generality of the foregoing, includes—
(a) feedlots, and
(b) piggeries, and
(c) poultry farms, and
(d) fish farms (including farms for crustaceans),
but does not include the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of the land.
internal lot means a lot the only means of access to which is an access corridor (a hatchet shaped lot) or a right-of-carriageway over another lot.
kiosk means a building or place having a gross floor area not exceeding 75 square metres which provides food and drink to people for consumption elsewhere, but (in the development control table) does not include a building or place elsewhere specifically defined in this Schedule.
medical centre means a building or place used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment and counselling) to outpatients only.
motel means a building (other than a backpackers’ hostel, bed and breakfast establishment, guesthouse, hotel or multi-unit housing) used principally for the overnight accommodation of travellers and the parking of their vehicles, whether or not the building incorporates a common facility for the provision of meals, either to persons temporarily resident or to the public, and whether or not those facilities are licensed.
multi-unit housing means a residential development that contains 3 or more dwellings.
natural ground level is the ground surface level prior to any development, including any cutting, filling and grading, and, where the existing ground level differs from the natural ground level, the natural ground level shall be as determined by the council after taking into account any information concerning its location.
online sales means sales that have all of the following characteristics—
(a) the vendor and purchaser communicate only by telephone, fax or the Internet or similar communications systems,
(b) the purchaser does not attend the premises,
(c) the purchaser does not collect the required goods from the premises. (The required goods are delivered to the purchaser via the telecommunications system or collected by or delivered to the purchaser from premises remote from the site of the premises from which the sale was made.)
parking area means a building or place, including ground level parking areas or deck parking structures, used for parking vehicles and includes any associated vehicle manoeuvring areas, whether the building or place is used for the purpose of gain or not.
place of assembly means a public hall, theatre, cinema, music hall, concert hall, dance hall, open-air theatre, drive in theatre, music bowl or any other building of a like character used as such and whether used for the purposes of gain or not, but does not include a place of worship, an institution or educational establishment.
place of worship means a building or place used predominantly for the purpose of religious worship, whether or not the building or place is also used for counselling, social events or religious training by a congregation or religious group.
public building means a building or place used for a business or as an office by a public authority or an organisation established for public purposes.
reception centre means a building or place used for the holding of functions or occasions that involve the preparation and consumption of food in the building or at the place, including wedding receptions, celebratory functions, conferences or the like, but (in the development control table) does not include a building or place specifically defined elsewhere in this Schedule.
recreation area means an outdoor area which provides for social, recreational and leisure activities, and includes associated structures (playground equipment, boardwalks, cycleways and the like), but (in the development control table) does not include a building or place or land use specifically defined elsewhere in this Schedule.
recreational facility means a building or place used for indoor recreation (such as a table tennis centre, squash court, swimming pool, gymnasium, health studio or bowling alley), whether or not used for the purpose of gain, but (in the development control table) does not include a building or place specifically defined elsewhere in this Schedule.
restaurant means a building or place (such as a restaurant, cafe, tearoom or the like) the purpose of which is to provide food and drink to people for consumption only in that building or place, but (in the development control table) does not include a building or place specifically defined elsewhere in this Schedule.
road means a public thoroughfare all or part of which is used for the passage of vehicles, pedestrians, bicycles or animals, and includes a classified or State road.
serviced apartment means a self-contained dwelling (in a building containing three or more self-contained dwellings) which is cleaned or serviced by the owner or manager of the building (or the agent of the owner or manager), and which provides short-term accommodation for persons who have their principal place of residence elsewhere, but does not include a backpackers’ hostel, guesthouse or motel.
service station means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil or other petroleum products, whether or not the building or place is also used for one or more of the following—
(a) the hiring of trailers,
(b) the retail selling or the installing of spare parts and accessories for motor vehicles,
(c) the washing and greasing of motor vehicles,
(d) the repairing or servicing of motor vehicles,
(e) the retail selling or hiring of small consumer goods,
but does not include a building or place used for body building or the panel beating or spray painting of vehicles.
shop means a building or place used for the purpose of selling, exposing or offering for sale by retail, goods, merchandise or materials, but (in the development control table) does not include a building or place specifically defined elsewhere in this Schedule.
standard lot means a lot that is not an internal lot.
storey of a building means a storey, floor or level, as the case may be, of the building which may be intersected by the same vertical line, not being a line which passes through any wall of the building.
structure plan means Sheet 2 of the map marked “Penrith Local Environmental Plan 1998 (Urban Land) (Amendment No 13)—Werrington Mixed-Use Area”.
the map means the map marked “Penrith Local Environmental Plan 1998 (Urban Land)”, as amended by the maps (or the specified sheets of the maps) marked as follows—
Editorial note—
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.
Penrith Local Environmental Plan 1998 (Urban Land)—Amendment No 2
Penrith Local Environmental Plan 1998 (Urban Land) (Amendment No 3) North Penrith
Penrith Local Environmental Plan 1998 (Urban Land)—Amendment No 4—St Clair
Penrith Local Environmental Plan 1998 (Urban Land)—Amendment No 6—St Marys
Penrith Local Environmental Plan 1998 (Urban Land)—Amendment No 9—St Clair
Penrith Local Environmental Plan 1998 (Urban Land)—Amendment No 11
Penrith Local Environmental Plan 1998 (Urban Land) (Amendment No 13)—Werrington Mixed-Use Area—(Sheet 1)
Penrith Local Environmental Plan 1998 (Urban Land) (Amendment No 14)
Penrith Local Environmental Plan 1998 (Urban Land) Amendment No 15
Penrith Local Environmental Plan 1998 (Urban Land) Amendment No 20
tree means—
(a) a living perennial plant which exceeds 5 metres in height, being the distance measured vertically between the horizontal plane of the base of the tree which is immediately above the ground and the horizontal plane of the uppermost point of the tree, or
(b) individual trees, gardens or native vegetation listed in Section 2.8 (Significant Trees and Gardens) of Part 2 (City Wide General Controls) of Penrith Development Control Plan 2006, as adopted by the council on 21 August 2006.
utility installation means a building or work used for a utility undertaking.
utility undertaking means any undertaking carried out by, or by authority of, any Government department, or in pursuance of any Commonwealth or State Act, for the purposes of—
(a) railway, road, water or air transport, or wharf or river undertakings, or
(b) the provision of sewerage, sewage treatment or drainage services, or
(c) the supply of water, hydraulic power, electricity or gas, or
(d) telecommunications facilities, or
(e) water quality control facilities,
and a reference to a person carrying on a public utility undertaking includes a reference to a council, county council, Government department, corporation, firm or authority carrying on the undertaking.