Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
What this instrument does (mechanics)
This is the local environmental plan (LEP) that sets the legal land‑use rules for the City of Penrith. It does so by: zoning land; saying what uses are permitted, allowed with council consent, or prohibited in each zone; fixing quantitative development standards (minimum lot sizes, building heights, floor space ratios); and identifying site‑specific exceptions, maps and schedules that change how the general rules apply to particular parcels (see Part 2, clause 2.3; Part 4, clauses 4.1–4.5; Schedules and maps).
The Plan relies on named maps (Land Zoning Map, Lot Size Map, Height of Buildings Map, Floor Space Ratio Map, Clause Application Map, Additional Permitted Uses Map, Heritage Map and others) and schedules to apply rules to particular land parcels (clause 1.7; clause 2.2; clause 4.1).
The Council is the primary consent authority under the Plan (clause 1.6), but some proposals require the concurrence of the Planning Secretary or other State agencies (e.g. clause 6.3A; clause 7.32).
The Plan defines exempt and complying development (Part 3, clauses 3.1–3.3; Schedules 2–3) and preserves the operation of relevant State Environmental Planning Policies where they prevail (clause 1.9).
It contains many local, site‑specific rules and precinct controls (Part 7 and Parts 8–10) that operate in addition to the general zoning and standards: e.g. limits on retail or office floor area for the Penrith Panthers site (Part 9, clause 9.3–9.5), special controls for Glenmore Park, Orchard Hills and Mulgoa Valley (Part 7 clauses), City Centre design/height/floor‑space exceptions (Part 8), and a St Marys Town Centre controls package (Part 10).
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Direct links to the current provisions in Penrith Local Environmental Plan 2010.
Part 1 Preliminary
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU4 Primary Production Small Lots
RU5 Village
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
SP4 Enterprise
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
cl 2.1: Am 2013 (318), Sch 1 [1]; 2014 (277), Sch 1 [2]; 2015 (21), Sch 1 [3] [4]; 2022 (830), Sch 1.19[1] [2].
Land Use Table
Note—
State environmental planning policies, including the following, may be relevant to development on land to which this Plan applies—
State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2—relating to infrastructure facilities, including air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems
State Environmental Planning Policy (Resources and Energy) 2021, Chapter 2
State Environmental Planning Policy (Resilience and Hazards) 2021, Chapter 3
State Environmental Planning Policy (Industry and Employment) 2021, Chapter 3
State Environmental Planning Policy (Primary Production) 2021, Chapter 2
Land Use tbl: Am 2011 (363), Sch 16 [2]–[21]; 2013 (318), Sch 1 [2]; 2014 (277), Sch 1 [3]; 2015 (21), Sch 1 [5]–[31]; 2016 (627), Sch 1 [1]; 2017 (493), Sch 1.1 [1] [2]; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3; 2021 (153), Sch 1[3]; 2022 (830), Sch 1.19[3] [4] (am 2023 (82), Sch 1.4[7]); 2025 (553), Sch 1[1].
Zone RU1 Primary Production
Zone RU2 Rural Landscape
Zone RU4 Primary Production Small Lots
Zone RU5 Village
Zone R1 General Residential
Zone R2 Low Density Residential
Zone R3 Medium Density Residential
Zone R4 High Density Residential
Zone R5 Large Lot Residential
Zone E1 Local Centre
Zone E2 Commercial Centre
Zone E3 Productivity Support
Zone E4 General Industrial
Zone MU1 Mixed Use
Zone SP1 Special Activities
Zone SP2 Infrastructure
Zone SP3 Tourist
Zone SP4 Enterprise
Zone RE1 Public Recreation
Zone RE2 Private Recreation
Zone C1 National Parks and Nature Reserves
Zone C2 Environmental Conservation
Zone C3 Environmental Management
Zone C4 Environmental Living
Zone W1 Natural Waterways
Zone W2 Recreational Waterways
3 Permitted with consent
Agricultural produce industries; Agriculture; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Building identification signs; Business identification signs; Cellar door premises; Community facilities; Dual occupancies; Dwelling houses; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Home-based child care; Home businesses; Home industries; Information and education facilities; Intensive livestock agriculture; Open cut mining; Roads; Roadside stalls; Rural supplies; Secondary dwellings; Stock and sale yards
4 Prohibited
Any other development not specified in item 2 or 3
Part 3 Exempt and complying development
Part 4 Principal development standards
Part 5 Miscellaneous provisions
5.1 Relevant acquisition authority
(1) The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).
Note.
If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.
(2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).
| Type of land shown on Map | Authority of the State | | Zone RE1 Public Recreation and marked “Local open space” | Council | | Zone RE1 Public Recreation and marked “Regional open space” | The corporation constituted under section 2.5 of the Act | | Zone SP2 Infrastructure and marked “Classified road” | Transport for NSW | | Zone SP2 Infrastructure and marked “Drainage and flood mitigation works” | Council | | Zone SP2 Infrastructure and marked “Educational establishment” | Department of Education | | Zone SP2 Infrastructure and marked “Local road” | Council | | Zone C1 National Parks and Nature Reserves and marked “National Park” | Minister administering the National Parks and Wildlife Act 1974 | | Zone C2 Environmental Conservation and marked “Local open space” | Council | | Zone C2 Environmental Conservation and marked “Regional open space” | The corporation constituted under section 8 of the Act |
(3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.
cl 5.1: Am 2022 (830), Sch 1.19[5]; 2023 (367), Sch 1[5]; 2026 (34), Sch 1[2].
Part 6 Urban release areas
pt 6: Subst 2015 (21), Sch 1 [43].
6.1 (Repealed)
Part 7 Additional local provisions
pt 7: Ins 2015 (21), Sch 1 [43].
7.1 Earthworks
(1) The objectives of this clause are as follows—
(a) to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land,
(b) to allow earthworks of a minor nature without separate development consent.
(2) Development consent is required for earthworks unless—
(a) the work is exempt development under this Plan or another applicable environmental planning instrument, or
(b) the work is ancillary to other development for which development consent has been given.
(3) Before granting development consent for earthworks, the consent authority must consider the following matters—
(a) the likely disruption of, or any detrimental effect on, existing drainage patterns and soil stability in the locality,
(b) the effect of the proposed development on the likely future use or redevelopment of the land,
(c) the quality of the fill or the soil to be excavated, or both,
(d) the effect of the proposed development on the existing and likely amenity of adjoining properties,
(e) the source of any fill material and the destination of any excavated material,
(f) the likelihood of disturbing relics,
(g) the proximity to and potential for adverse impacts on any waterway, drinking water catchment or environmentally sensitive area,
(h) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development,
(i) the proximity to and potential for adverse impacts on any heritage item, archaeological site, or heritage conservation area.
Note—
The National Parks and Wildlife Act 1974, particularly section 86, deals with disturbing or excavating land and Aboriginal objects.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 7.1: Ins 2015 (21), Sch 1 [43]. Am 2022 (72), Sch 1.37; 2022 (629), Sch 3.5[2].
Part 8 Local provisions—Penrith City Centre
pt 8: Ins 2015 (21), Sch 1 [43].
8.1 Application of Part
This Part only applies to land identified as “Penrith City Centre” on the Clause Application Map.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 8.1: Ins 2015 (21), Sch 1 [43].
Part 9 Penrith Panthers site
pt 9: Ins 2015 (21), Sch 1 [43].
9.1 Objectives of Part
The objectives of this Part are as follows—
(a) to ensure that development of land at Penrith Panthers occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land,
(b) to limit the density of retail premises on the land,
(c) (Repealed)
(d) to manage the gross floor area of office premises on the land.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 9.1: Ins 2015 (21), Sch 1 [43]; 2020 (760), Sch 1[1] [2].
Part 10 St Marys Town Centre
pt 10: Ins 2026 (34), Sch 1[6].
10.1 Definition
In this part—
St Marys Town Centre means land identified as “St Marys Town Centre” on the Clause Application Map.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 10.1: Ins 2026 (34), Sch 1[6].
Schedule 1 Additional permitted uses
(Clause 2.5)
sch 1: Am 2011 (363), Sch 16 [33]–[36]; 2012 (376), Sch 1 [5]; 2013 (318), Sch 1 [5]. Subst 2015 (21), Sch 1 [44]. Am 2016 (627), Sch 1 [3]–[13]; 2016 (628), cl 5; 2016 (650), Sch 1 [3]; 2017 (493), Sch 1.2 [2]; 2018 (488), Sch 1.2; 2019 No 1, Sch 2.24; 2019 (480), Sch 1 [6]; 2019 (656), Sch 1[3] [4]; 2020 (252), Sch 3[1] [2]; 2020 (760), Sch 1[6] [7]; 2021 (153), Sch 1[10]–[14]; 2021 (802), Sch 1[2]; 2022 (112), Sch 2.2[2]; 2022 (830), Sch 1.19[15] [16] [17] (am 2023 (82), Sch 1.4[8]); 2023 (367), Sch 1[8]; 2023 (366), Sch 1[4] [5]; 2023 (702), Sch 1[3]; 2024 (40), Sch 1; 2024 (91), Sch 1[2] [3]; 2024 (159), Sch 1[8] [9]; 2025 (553), Sch 1[3]–[6]; 2026 (34), Sch 1[7].
11 Use of certain land at 486–490 Londonderry Road, Londonderry
(1) This clause applies to land at 486–490 Londonderry Road, Londonderry, being Part Lot 1, DP 17242 within Zone RU5 Village that is identified as “10” on the Additional Permitted Uses Map.
(2) Development for the purposes of advertising structures, business premises, food and drink premises, health consulting rooms, kiosks, markets, medical centres, office premises, registered clubs, service stations, shops and vehicle repair stations is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
12 Use of certain land at 364–368 and 370–372 Carrington Road, Londonderry
(1) This clause applies to land at 364–368 and 370–372 Carrington Road, Londonderry, being Lots 1 and 2, DP 1179316, that is identified as “11” on the Additional Permitted Uses Map.
(2) Development for the purposes of advertising structures, business premises, food and drink premises, health consulting rooms, kiosks, markets, medical centres, office premises, registered clubs, service stations, shops and vehicle repair stations is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
13 Use of certain land at 355–357 Carrington Road, Londonderry
(1) This clause applies to land at 355–357 Carrington Road, Londonderry, being Lots 1 and 2, DP 604617 that is identified as “12” on the Additional Permitted Uses Map.
(2) Development for the purposes of advertising structures, business premises, food and drink premises, health consulting rooms, kiosks, markets, medical centres, office premises, registered clubs, service stations, shops and vehicle repair stations is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
14 Use of certain land at 220–222 Seventh Avenue and 252–257c Seventh Avenue, Llandilo
(1) This clause applies to land at 220–222 and 252–257c Seventh Avenue, Llandilo, being Lots 220, 220A, 221, 221A, 222 and 252, DP 2147, Lot 253A, DP 5808, Lots 24 and 25, DP 633544, Lot 26, DP 1032388, Lot 1, DP 579313, Lots 11 and 12, DP 1092204 and Lot 1, DP 724335, that is identified as “13” on the Additional Permitted Uses Map.
(2) Development for the purposes of centre-based child care facilities, kiosks, markets, neighbourhood shops, recreation facilities (indoor) and restaurants or cafes is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
15 Use of certain land at 3019–3035 The Northern Road, Luddenham
(1) This clause applies to land at 3019–3035 The Northern Road, Luddenham, being Part Lot 19, DP 1655 that is identified as “14” on the Additional Permitted Uses Map.
(2) Development for the purposes of advertising structures, business premises, food and drink premises, health consulting rooms, kiosks, markets, medical centres, office premises, registered clubs, service stations, shops and vehicle repair stations is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
16 (Repealed)
17 Use of certain land at 19–105 Capitol Hill Drive, Mt Vernon
(1) This clause applies to so much of the land at 19–105 Capitol Hill Drive, Mt Vernon, being Lot 1672, DP 855001, Lot 4132, DP 857093 and Lot 902, DP 1149077 that is—
(a) identified as “16” on the Additional Permitted Uses Map, and
(b) to which this Plan applies.
(2) Development for the purposes of agriculture is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
18 Use of certain land at 1216–1224 Mulgoa Road, 4–12 Allan Road and 25 The Straight Road, Mulgoa
(1) This clause applies to land at 1216–1224 Mulgoa Road, 4–12 Allan Road and 25 The Straight Road, Mulgoa, being Lot 4, DP 739622, Lots 10, 11, 12 and 14, DP 23069 and Lots 101 and 102, DP 850809 that is identified as “17” on the Additional Permitted Uses Map.
(2) Development for the purposes of advertising structures, business premises, food and drink premises, health consulting rooms, office premises, registered clubs, service stations, shops and vehicle repair stations is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
19 (Repealed)
20 Use of certain land bounded by Colless, Derby, High and Parkers Streets, Penrith
(1) This clause applies to land bounded by Colless, Derby, High and Parkers Streets, Penrith that is identified as “19” on the Additional Permitted Uses Map.
(2) Development for the purposes of serviced apartments is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
21 Use of certain land at Combewood Avenue, Penrith
(1) This clause applies to land at Combewood Avenue, Penrith, being Lot 120, DP 1208440 that is identified as “20” on the Additional Permitted Uses Map.
(2) Development for the purposes of community facilities is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
22 Use of certain land in Zone SP3, Penrith
(1) This clause applies to land in Zone SP3 Tourist in Penrith that is identified as “21” on the Additional Permitted Uses Map.
(2) Development for the purposes of multi dwelling housing, office premises, residential flat buildings, retail premises and seniors housing is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
23 Use of certain land at Lord Sheffield Circuit, Penrith
(1) This clause applies to the following land in Penrith that is identified as “22” on the Additional Permitted Uses Map—
(a) SP 96849 and SP 96850, 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, 31, 33, 35, 37 and 39 Lord Sheffield Circuit,
(b) Lot 211, DP 1205092, 2 Lord Sheffield Circuit,
(c) SP 96468, 26 Lord Sheffield Circuit,
(d) Lot 2102, DP 1184494, 50 Lord Sheffield Circuit,
(e) SP 96192, 81 Lord Sheffield Circuit,
(f) Lots 1 and 2, DP 1240166, 83 and 91 Lord Sheffield Circuit,
(g) SP 94606, 101 Lord Sheffield Circuit,
(h) Lots 3001–3005, 3011 and 3013, DP 1184498, 162, 172, 184, 192, 41, 51 and 160 Lord Sheffield Circuit,
(i) Lots 100 and 101, DP 1233225, 182A and 182 Lord Sheffield Circuit,
(j) SP 97026, 8 Aviators Way,
(k) SP 98229, 10 Aviators Way.
(2) Development for the purposes of exhibition villages, high technology industries, multi dwelling housing, residential flat buildings and seniors housing are permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
24 Use of certain land at Fernandez Lane and Radcliffe Road, Penrith
(1) This clause applies to the following land in Penrith that is identified as “23” on the Additional Permitted Uses Map—
(a) Lots 178–193, 195–208 and 212, DP 1205092, 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, 31, 35, 37, 39, 41, 43, 45, 47, 49, 51, 53, 55, 57, 59 and 61 Fernandez Lane,
(b) SP 92424, 33 Fernandez Lane,
(c) SP 92425, 63 Fernandez Lane,
(d) Lot 212, DP 1205092, 212 Radcliffe Road.
(2) Development for the purposes of food and drink premises, recreation facilities (indoor) and recreation facilities (outdoor) is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
25 Use of certain land at 164 Station Street, Penrith
(1) This clause applies to land at 164 Station Street, Penrith, being Lot 12, DP 234581, that is identified as “24” on the Additional Permitted Uses Map.
(2) Development for the purposes of business premises, entertainment facilities, food and drink premises, function centres, hotel or motel accommodation, kiosks, markets, office premises, serviced apartments, signage and shops is permitted with development consent.
(3) The gross floor area of development for the purpose of business premises or office premises, or a combination of those 2 uses, must not exceed 20,000m2.
(4) The gross floor area of development for the purpose of entertainment facilities, hotel accommodation, function centres, or any combination of those uses, must not exceed 20,000m2.
(5) The gross floor area of development for the purpose of food and drink premises, kiosks, markets and shops, or any combination of those uses, must not exceed 3,000m2.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
26 Use of certain land at 70 Glenbrook Street, South Penrith
(1) This clause applies to land at 70 Glenbrook Street, South Penrith, being Lot 88, DP 703021, that is identified as “25” on the Additional Permitted Uses Map.
(2) Development for the purposes of shops and office premises not exceeding a gross floor area of 650m2 is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
27 (Repealed)
28 Use of certain land at corner of Forrester Road and Boronia Road, St Marys
(1) This clause applies to land at the corner of Forrester Road and Boronia Road, St Marys, being Part Lot 11, DP 1192443, that is identified as “27” on the Additional Permitted Uses Map.
(2) Development for the purposes of amusement centres, food and drink premises, hotel or motel accommodation and registered clubs is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
29 Use of certain land at 32–52 Harris Street, St Marys
(1) This clause applies to land at 32–52 Harris Street, St Marys, being Lot A, DP 152452 that is identified as “28” on the Additional Permitted Uses Map.
(2) Development for the purposes of business premises, community facilities and recreation facilities (indoor) is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
30 Use of certain land at 1590–1594 Mulgoa Road, 1 Park Road and 11 Park Road, Wallacia
(1) This clause applies to land at 1590–1594 Mulgoa Road, 1 Park Road and 11 Park Road, Wallacia, being Lot A, DP 334601 and Lot 1, DP 1169209 that is identified as “29” on the Additional Permitted Uses Map.
(2) Development for the purposes of advertising structures, business premises, food and drink premises, health consulting rooms, kiosks, markets, medical centres, office premises, registered clubs, service stations, shops and vehicle repair stations is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
31 Use of certain land at Lot 1, Water Street, Werrington
(1) This clause applies to land at Lot 1 Water Street, Werrington, being Lot 1, DP 1176624, that is identified as “30” on the Additional Permitted Uses Map.
(2) Development for the purposes of a school is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
32 Use of certain land at Lot 2, Water Street, Werrington
(1) This clause applies to land at Lot 2 Water Street, Werrington, being Lot 2, DP 1176624, that is identified as “31” on the Additional Permitted Uses Map.
(2) Development for the purposes of a school is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
33 Use of certain land at 61–63 and 69–73 Christie Street, St Marys
(1) This clause applies to land at 61–63 and 69–73 Christie Street, St Marys, being Lots 4 and 3, DP 701087, respectively, that is identified as “33” on the Additional Permitted Uses Map.
(2) Development for the purposes of a service station is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
34 (Repealed)
35 Use of certain land at Castlereagh
(1) This clause applies to the following land at Castlereagh that is identified as “35” on the Additional Permitted Uses Map—
(a) Lots 6 and 7, DP23618, 1117–1125 and 1097–1115 Castlereagh Road,
(b) part of Lot 4, DP 26525, 377–383 Hinxman Road,
(c) Lots 45–52, DP 3784, 366–370 Hinxman Road, 1 Castle Street and 1129–1131 and 1141–1143 Castlereagh Road.
(2) Development for the purposes of centre-based child care facilities, kiosks, markets, neighbourhood shops, recreation facilities (indoor) and restaurants or cafes is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
36 Use of land at 57 Henry St, Penrith
(1) This clause applies to the following land at 57 Henry St, Penrith that is identified as “36” on the Additional Permitted Uses Map—
(a) Lot 1, DP 905016,
(b) Lot 1, DP 103609,
(c) Lot 1, DP 1122794,
(d) Part of Part Lot 1, DP 795083,
(e) Part of Lot A, DP 159402,
(f) Part of Lot B, DP 159402.
(2) Development for the purposes of residential flat buildings and shop top housing is permitted with development consent if the consent authority is satisfied that a floor space ratio of at least 0.75:1 will be used for non-residential purposes on the land.
(3) This clause is repealed on 31 December 2027.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
37 Use of certain land at 144 Henry Lawson Avenue, Werrington County
(1) This clause applies to Lot 2, DP 1218801, identified as “43” on the Additional Permitted Uses Map.
(2) Development for the purposes of registered clubs is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
38 Use of certain land at Werrington, Kingswood, Penrith, Cranebrook, Orchard Hills and Emu Plains
(1) This clause applies to the land identified as “37”, “38”, “39”, “40”, “41” and “48” on the Additional Permitted Uses Map.
(2) Development for the following purposes is permitted with development consent—
(a) amusement centres,
(b) centre-based child care facilities,
(c) community facilities,
(d) crematoria,
(e) educational establishments,
(f) (Repealed)
(g) function centres,
(h) hotel or motel accommodation,
(i) medical centres,
(j) recreation facilities (indoor),
(k) (Repealed)
(l) respite day care centres,
(m) (Repealed)
(n) vehicle sales or hire premises,
(o) veterinary hospitals.
(p) (Repealed)
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
39 Use of certain land in Zone E3
(1) This clause applies to land in Zone E3, identified as “42” on the Additional Permitted Uses Map.
(2) Development for the purposes of restaurants or cafes is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
40 Use of certain land at Chain-O-Ponds Road, Mulgoa
(1) This clause applies to land identified as “44” on the Additional Permitted Uses Map.
(2) Development for the purposes of business premises used as a sales office for a land release area or housing estate is permitted with development consent.
(3) This clause ceases to have effect on 30 June 2028.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
41 Use of certain land at 58–64 Castle Road, Orchard Hills
(1) This clause applies to Lot 6, DP 239091, 58–64 Castle Road, Orchard Hills, identified as “45” on the Additional Permitted Uses Map.
(2) Development for the purposes of emergency services facilities is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
42 Use of land at 61–79 Henry Street, Penrith
(1) This clause applies to Lot 1, DP 771927, 61–79 Henry Street, Penrith, identified as “46” on the Additional Permitted Uses Map.
(2) Development for the purposes of residential accommodation is permitted with development consent if—
(a) the residential accommodation is part of a mixed use development, and
(b) the floor space ratio for the buildings used for non-residential purposes is at least 2:1.
(3) This clause does not apply to development for which a development application is made on or after 18 December 2028.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
43 Use of certain land at Station Street, Penrith
(1) This clause applies to the following land in Penrith, identified as “47” on the Additional Permitted Uses Map—
(a) Lot 1, DP 1147219, 143 Station Street,
(b) Lot 2, DP 1147219, 171–199 Station Street.
(2) Development for the purposes of recreation facilities (major) is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
44 Use of certain land at Lemko Place and Castlereagh Road, Penrith
(1) This clause applies to land identified as “50” on the Additional Permitted Uses Map.
(2) Development for the purposes of vehicle sales or hire premises is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
45 Use of certain land at Harris Street, St Marys
(1) This clause applies to land in Zone E3 Productivity Support identified as “49” on the Additional Permitted Uses Map.
(2) Development for the purposes of dwellings is permitted with development consent if the consent authority is satisfied that the development complies with clause 10.5.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
Schedule 2 Exempt development
(Clause 3.1)
Note 1.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2.
Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
sch 2: Am 2012 (376), Sch 1 [6]; 2015 (21), Sch 1 [45]; 2019 (656), Sch 1[5]; 2022 (830), Sch 1.19[18] [19].
Signage—bus shelter advertising (in residential, employment, mixed use and special purpose zones)
(1) Must not extend beyond the perimeter of the bus shelter.
(2) A maximum of 2 advertising panels per bus shelter that may comprise an advertisement on 2 sides.
(3) Must not contain flashing or neon signage.
(4) Must not obscure pedestrian paths of travel.
(5) Must be able to increase or decrease the intensity of illumination.
(6) Illumination must not adversely impact on the amenity of residential dwellings, serviced apartments or other tourist and visitor accommodation.
(7) Must not be located on land that comprises a heritage item or is within a heritage conservation area.
(8) Illumination must not adversely impact on the safety of pedestrians, cyclists or drivers of motor vehicles.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
Truck parking areas (in Zones RU1, RU2, RU4, C3 and C4)
(1) Must be for a maximum of 2 trucks per property.
(2) May also be for associated plant transported by the trucks.
(3) Must be for trucks and associated plant owned or operated by the occupier of the property.
(4) Must not include the construction of a shed or earthworks to create the parking area.
(5) Must be at least 5m from each property boundary.
(6) Maximum area for parking and manoeuvring (excluding driveway)—200m2 (to facilitate parking and manoeuvring in accordance with AS 2890.2—2002, Parking facilities—Off-street commercial vehicle facilities).
(7) Must connect to vehicular entrance via a sealed driveway.
(8) Must be screened from view from adjoining properties.
(9) Must not interfere with the functioning of existing drainage fixtures or flow paths or be located to obstruct, prevent use of or reduce the effective operation of any existing facilities, services or development on the site (such as on-site effluent disposal).
(10) Must not require the removal of any tree or native vegetation, unless that removal is undertaken in accordance with a permit or development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
Schedule 3 Complying development
(Clause 3.2)
Note.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.
sch 3: Am 2011 (363), Sch 16 [37]; 2022 (830), Sch 1.19[20]–[22].
Demolition or removal of dwelling houses or ancillary development (in Zones C3 and C4)
(1) Application and general
(a) Must be carried out in accordance with AS 2601—2001, The demolition of structures.
(b) Must be completed in accordance with the requirements of the WorkCover Authority.
(c) Maximum height of structure to be demolished—2 storeys above ground level (existing).
(d) Must not be a heritage item or a building in a heritage conservation area.
(e) All services must be suitably disconnected and capped off or sealed.
(2) Asbestos
(a) The removal of asbestos material must be carried out by a licensed asbestos removal contractor.
(b) All asbestos laden waste must be disposed of at a tipping facility licensed by the Environmental Protection Authority to receive asbestos waste.
(3) Dust control Dust suppression techniques must be used to reduce any potential nuisance to surrounding properties.
(4) Waste management A waste management plan including details of the proposed locations for the disposal of all excavated material and waste from the site must be prepared.
(5) Noise Demolition works to be restricted to the hours permitted in accordance with the NSW Government’s Interim Construction Noise Guideline published in July 2009.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
Dwelling houses (in Zone RU5 Village)
(1) Application and general
(a) Must be the erection of a new dwelling house.
(b) Minimum lot size—500m2.
(c) Only 1 dwelling house per property.
(d) Must not be a moveable dwelling.
(e) Must not be on land to which clause 6.3 applies.
(f) Must not require the removal of a tree or native vegetation.
(g) Must not include a basement or roof terrace.
(2) Bulk and scale
(a) Maximum height of floor above ground level (existing)—600mm.
(b) Maximum height of wall above ground level (existing)—3.3m for a single storey dwelling house, or 6.5m for a two storey dwelling house.
(c) Maximum overall height at any point above ground level (existing)—8m for a single storey dwelling house, or 9m for a two storey dwelling house.
(d) Roof pitch must be between 17 and 30 degrees (excluding skillions for attached verandahs etc).
(e) If a two storey dwelling house—
(i) maximum wall length between corners, articulations, verandahs or awnings—10m, and
(ii) must be designed as a combination of 1 and 2 storey elements with a variation in setbacks from both side boundaries, and
(iii) must not reduce the sunlight available to the living areas and private open space of any adjoining dwelling to less than 3 hours between 9am and 3pm on 21 June in any year.
(3) Setbacks and siting
(a) Minimum setback from primary street frontage—5.5m or the average of adjoining properties, whichever is the greater.
(b) Minimum setback from any secondary street frontage—3m for a single storey dwelling house or 3.5m for a two storey dwelling house (except garage entrances which must be setback 5.5m).
(c) Minimum setback from rear property boundary—4m for a single storey dwelling house or 6m for a two storey dwelling house.
(d) Minimum setback from other property boundaries—1m.
(e) Minimum setback for eaves and gutters—675mm.
(f) Must not be constructed in a registered easement.
(g) Must not be constructed within 3m of a sewer or water main without approval of the relevant authority.
(4) Design and finishes
(a) Building facades facing any street frontage must be designed to address the frontage and incorporate elements such as wall articulation, windows, verandahs and roof variation.
(b) Garages must be integrated in the building facade and be setback further than the dwelling house.
(c) Garages facing public streets must not exceed 50% of the facade width or 6.3m in width, whichever is the lesser.
(d) The entry and at least one principal living room must be visible from the street.
(e) External building materials must have a non-reflective finish and be in neutral earthy tones consistent with the setting and compatible with surrounding development.
(f) Projecting roofs, awnings or verandahs must be incorporated to accentuate articulation.
(5) Site works
(a) Maximum excavation—500mm (to be stabilised or retained and drained).
(b) Maximum filling—500mm (to be stabilised or retained and drained).
(c) Must not impact on any overland drainage path.
(6) Landscaping and open space
(a) Minimum site area to be soft landscaped—50% (areas less than 2m in width must not be included in the calculation).
(b) Main living area must open onto usable private open space with minimum area of 80m2 that is capable of receiving a minimum of 3 hours sunlight between 9am and 3pm on 21 June in any year.
(7) Visual privacy (if a two storey dwelling house)
(a) Living areas and balconies that overlook the street must incorporate screening or other measures that maintain the privacy of adjoining properties.
(b) Living areas and balconies that face an adjoining property are not permitted on the first floor.
(c) Windows to rooms on first floor elevations that face boundaries other than the street must have—
(i) a minimum sill height of 1.2m, and
(ii) a maximum glazed area of 3.6m.
(d) Windows to staircases located at or above first floor level facing boundaries other than the street must be of fixed obscure glazing.
(8) Stormwater Roof and surface water (including overflow from rainwater tanks) must be disposed of to a piped stormwater drainage system discharging to the street gutter or an approved inter-allotment drainage system.
(9) Access, parking and traffic
(a) Only 1 vehicular access point per site.
(b) Must provide 2 parking spaces behind the setback to any street frontage.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
Dwelling houses (in Zones RU1, RU2, RU4, R5 and C4) and additions to dwelling houses (in Zone C4)
(1) Application and general
(a) Must be the erection of a new dwelling house or an addition to an existing dwelling house.
(b) Minimum lot size—500m2.
(c) Only 1 dwelling house per property.
(d) Must not be a moveable dwelling.
(e) Must not be on land to which clause 6.3 applies or on land shown as “2 Hectares for Dwelling House”, “10 Hectares for Dwelling House” or “Twin Creeks” on the Clause Application Map.
(f) Must not be on a heritage item, in a heritage conservation area or on an archaeological site.
(g) Must not be within 50m of land on which there is category 1 vegetation as shown on the Council’s Bushfire Prone Land Map.
(h) Must not be on land in the 20 ANEF contour, or a higher ANEF contour, of the proposed Badgery’s Creek Airport.
(i) Must not require the removal of a tree or native vegetation.
(j) Must not include a basement or roof terrace.
(k) Must not be on an Aboriginal place within the meaning of the National Parks and Wildlife Act 1974.
(2) Bulk and scale
(a) Maximum height of floor above ground level (existing)—900mm.
(b) Maximum height of wall above ground level (existing)—3.8m for a single storey dwelling house, or 6.5m for a two storey dwelling house.
(c) Maximum overall height at any point above ground level (existing)—8.5m for a single storey dwelling house, or 10m for a two storey dwelling house.
(d) Roof pitch must be between 22 and 30 degrees (excluding skillions for attached verandahs etc).
(e) Maximum total floor area—400m2 for a single storey dwelling house, or 600m2 for a two storey dwelling house (including garage and verandahs etc).
(f) Width of front facade of building must not be more than 30m, or 60% of width of lot measured in alignment with building setback, whichever is the lesser.
(g) If a two storey dwelling house, first floor area must not be more than 70% of the ground floor area, excluding area of any garage or verandah.
(h) If a two storey dwelling house, must not reduce the sunlight available to the living areas and private open space of any adjoining dwelling to less than 3 hours between 9am and 3pm on 21 June in any year.
(3) Setbacks and siting
(a) Minimum setback from street frontage on Greendale Road, Londonderry Road, Mamre Road, The Northern Road, Park Road or the M4 Motorway—30m.
(b) Minimum setback from any other street frontage—15m.
(c) Minimum setback from secondary street frontage—15m.
(d) Minimum setback from other property boundaries—10m.
(e) Minimum setback from Nepean River—100m.
(f) Minimum setback from other watercourse or riparian corridors—40m.
(g) Must be sited clear of any overland flow path, drainage depression, dam or overflow of any dam.
(h) Must not be located within the drip line of any existing tree having a height greater than 3.5m.
(i) Must not be located on ridgelines or so as to protrude into the skyline.
(j) Must not be constructed in a registered easement.
(k) Must not be constructed within 3m of a sewer or water main without approval of the relevant authority.
(4) Design and finishes
(a) Building facades facing any street frontage must be designed to address the frontage and incorporate elements such as wall articulation, windows, verandahs and roof variation.
(b) Building design must contain elements of rural character including use of verandahs to shadow and soften building facades and relate buildings back to ground level.
(c) The entry and at least one principal living room must be visible from the street.
(d) Must not have drive through entrance features.
(e) Garages must be integrated in the building facade and setback further than the dwelling.
(f) Garages facing public streets must not exceed 50% of the facade width or 6.3m in width, whichever is the lesser.
(g) External building materials must have a non-reflective finish and be in neutral earthy tones consistent with the setting and compatible with surrounding development.
(h) Projecting roofs, awnings or verandahs must be incorporated to accentuate articulation.
(i) If a two storey dwelling house, maximum wall length between corners, articulations, verandahs or awnings—10m.
(j) If a two storey dwelling house, must be designed as a combination of 1 and 2 storey elements with a variation in setbacks from both side boundaries.
(5) Site works
(a) Maximum excavation—800mm (to be stabilised or retained and drained).
(b) Maximum filling—800mm (to be stabilised or retained and drained).
(c) Excavation and filling not to extend further than 3m beyond the building footprint.
(d) Excavation must not be within 5m of any existing tree that has a height greater than 5m.
(e) Must not impact on any overland drainage path.
(6) Landscaping and open space
(a) Main living area must open onto usable private open space with minimum area of 80m2 that is capable of receiving a minimum of 3 hours sunlight between 9am and 3pm on 21 June in any year.
(b) Site must be provided with landscaping in predominantly native species.
(7) Stormwater
Roof and surface water (including overflow from rainwater tanks) must be disposed of to a piped stormwater drainage system discharging to the street gutter or an approved inter-allotment drainage system, or via a level spreader system. Flows must not be concentrated or directed toward adjoining properties.
(8) Access, parking and traffic
(a) Only 1 vehicular access point per site.
(b) Must provide 2 parking spaces behind the setback to any street frontage.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
Garages associated with an existing or proposed dwelling house (in Zone C4)
(1) Application and general
(a) Minimum lot size—500m2.
(b) Only 1 garage per property.
(c) Must not be used for any habitable, industrial or commercial purpose.
(d) Must not be on land to which clause 6.3 applies or on land shown as “Twin Creeks” on the Clause Application Map.
(e) Must not be development on a heritage item, in a heritage conservation area or on an archaeological site.
(f) Must not require the removal of a tree or native vegetation.
(g) Must not be on an Aboriginal place within the meaning of the National Parks and Wildlife Act 1974.
(2) Bulk and scale
(a) Maximum height of floor above ground level (existing)—500mm.
(b) Maximum height of wall above ground level (existing)—2.7m.
(c) Maximum overall height at any point above ground level (existing)—3.6m.
(d) Roof pitch must be between 10 and 25 degrees (excluding skillions for attached verandahs etc).
(e) Maximum total floor area—40m2.
(3) Setbacks and siting
(a) Must be located behind the building line for dwellings to any street frontage.
(b) Minimum setback from other property boundaries—10m.
(c) Minimum setback from Nepean River—100m.
(d) Minimum setback from other waterway or riparian corridor—40m.
(e) Must be located within 20m of the dwelling house.
(f) Must not be constructed in a registered easement.
(g) Must not be constructed within 3m of a sewer or water main without approval of the relevant authority.
(4) Design and finishes
(a) If facing a public street, must not exceed 6.3m in width.
(b) External building materials must have a non-reflective finish and be in neutral earthy tones consistent with the setting and compatible with surrounding development.
(5) Site works
(a) Maximum excavation—500mm (to be stabilised or retained and drained).
(b) Maximum filling—500mm (to be stabilised or retained and drained).
(c) Must not impact on any overland drainage path.
(6) Landscaping Minimum site area to be soft landscaped—50% (areas less than 2m in width must not be included in the calculation).
(7) Stormwater Roof and surface water (including overflow from rainwater tanks) must be disposed of to a piped stormwater drainage system discharging to the street gutter or an approved inter-allotment drainage system, or via a level spreader system. Flows must not to be concentrated or directed toward adjoining properties.
(8) Access, parking and traffic Only 1 vehicular access point per site.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
General conditions
Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
sch 4: Am 2016 (270), cl 4; 2017 (461), Sch 1 [1] [2]; 2017 (608), cl 4; 2018 (294), Sch 1 [1]; 2019 (111), cl 4; 2021 (32), cl 4; 2021 (411), Sch 1[2].
Schedule 5 Environmental heritage
(Clause 5.10)
sch 5: Am 2012 (376), Sch 1 [7]–[13]. Subst 2015 (21), Sch 1 [46]. Am 2016 (627), Sch 1 [14]; 2019 (480), Sch 1 [7] [8]; 2019 (656), Sch 1[6]–[13]; 2020 (252), Sch 3[3]; 2020 (545), Sch 3.2; 2021 (153), Sch 1[15].
Schedule 6 Pond-based and tank-based aquaculture
(Clause 5.19)
Division 1 Site location requirements
Division 2 Operational requirements
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1.1 Name of Plan
This Plan is Penrith Local Environmental Plan 2010.
1.1AA Commencement
This Plan commences on the day on which it is published on the NSW legislation website.
1.2 Aims of Plan
(1) This Plan aims to make local environmental planning provisions for land in Penrith in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.
(2) The particular aims of this Plan are as follows—
(aa) to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,
(a) to provide the mechanism and planning framework for the management, orderly and economic development, and conservation of land in Penrith,
(b) to promote development that is consistent with the Council’s vision for Penrith, namely, one of a sustainable and prosperous region with harmony of urban and rural qualities and with a strong commitment to healthy and safe communities and environmental protection and enhancement,
(c) to accommodate and support Penrith’s future population growth by providing a diversity of housing types, in areas well located with regard to services, facilities and transport, that meet the current and emerging needs of Penrith’s communities and safeguard residential amenity,
(d) to foster viable employment, transport, education, agricultural production and future investment opportunities and recreational activities that are suitable for the needs and skills of residents, the workforce and visitors, allowing Penrith to fulfil its role as a regional city in the Sydney Metropolitan Region,
(e) to reinforce Penrith’s urban growth limits by allowing rural living opportunities where they will promote the intrinsic rural values and functions of Penrith’s rural lands and the social well-being of its rural communities,
The Plan also deals with non‑land‑use administrative matters: classification/reclassification of public land (clause 5.2; Schedule 4), which State authority would acquire reserved land (clause 5.1), and savings for development applications made prior to amendments (clause 1.8A).
Who it affects
Landowners and developers in the Penrith LGA: the Plan determines whether a proposed use is allowed, needs council consent, or is prohibited; it sets minimum lot sizes, allowable heights and densities (clauses 4.1, 4.3, 4.4, 4.1A).
Residents and neighbouring property owners: the Plan prescribes amenity protections (setback, privacy, overshadowing, noise controls, bushfire and flood planning—see clauses 5.20, 5.21, 5.11, and Part 7 provisions) that shape development outcomes.
Council and State agencies: Council exercises consent decisions and implements maps and DCPs; some State approvals or concurrence are required for certain precincts (clauses 6.3A, 7.32, and clause 1.9 about SEPPs).
Specific stakeholders such as heritage property owners (Schedule 5), oyster and aquaculture operators (clause 5.19 and Schedule 6), licensed premises (noise and music protections, clause 5.20), and rural producers (special rural‑zone controls).
Why it matters (policy intent and practical effects)
The Plan translates high‑level planning objectives into binding land‑use rules for Penrith: it determines where housing, industry, retail and open space can go; it fixes density and height that influence housing supply and urban form; it identifies precincts where additional infrastructure, staging or design standards are required (see Part 6 urban release, clause 6.2–6.3).
The Plan contains mechanisms that alter property rights and transactional costs: e.g. minimum lot sizes and subdivision consent rules (clauses 4.1, 2.6) affect the ability to subdivide; section 1.9A allows suspension of private covenants to the extent necessary for development consistent with the Plan (clause 1.9A).
It creates concentrated, parcel‑specific outcomes by inserting site‑specific permissions or constraints (Schedule 1 and many Part 7 clauses). These operate as targeted transfers of value: some landholders obtain extra permitted uses or density; others face bespoke prohibitions or caps (for example, retail/office caps on Panthers—clause 9.3—and commercial floor limits in city centre key sites—clause 8.7).
Testing the official purposes against costs and trade‑offs
Official aims stated in the Plan include sustainable growth, heritage and environmental protection, and staged infrastructure delivery (clause 1.2). Those aims are implemented by: maps and numerical controls (which constrain or enable development), precinct DCP requirements and concurrency rules that aim to align infrastructure delivery with development (clauses 6.2–6.3, 6.3A).
Costs and incentives: developers face compliance costs (design excellence processes, heritage or environmental assessments, infrastructure delivery obligations and potential monetary contributions—see clause 7.31 on affordable housing contributions). Those requirements increase approval complexity and upfront cost; in return the Plan sometimes grants uplifts in height or floor‑space where public benefits or community infrastructure are provided (e.g. clause 8.7).
Implementation risk and discretion: many outcomes depend on Council (and in places the Planning Secretary) exercising judgment about compatibility, design excellence and whether environmental thresholds have been met (see clauses 2.3(2), 4.6, 8.4). That creates discretionary decision points and administrative burden for both applicants and the consent authority.
Effects on private choice and market structure: the Plan preserves private development options in many zones but also restricts certain uses outright (e.g. canal estate development prohibited—clause 2.9) or caps floorspace/density on key sites; it therefore shapes which business models and development scales are commercially feasible.
Who pays, who decides, and what behaviour changes
Who pays: applicants/developers bear most direct costs (design competition costs, environmental studies, contributions, mitigation works). Council and State agencies bear the cost of administering maps, DCPs and concurrence processes.
Who decides: the Council is the primary decision‑maker; the Planning Secretary or State agencies must concur in specified precincts.
Likely behaviour changes: applicants will plan projects to meet lot size/height/FSR limits or to secure concessions via public benefits (community infrastructure, design excellence); some landowners benefit from site‑specific additional uses; others are constrained by conservation, heritage and flood/bushfire provisions.
(References to clause numbers are included above where the rule is described.)
(f) to protect and enhance the environmental values and heritage of Penrith, including places of historical, aesthetic, architectural, natural, cultural, visual and Aboriginal significance,
(g) to minimise the risk to the community in areas subject to environmental hazards, particularly flooding and bushfire, by managing development in sensitive areas,
(h) to ensure that development incorporates the principles of sustainable development through the delivery of balanced social, economic and environmental outcomes, and that development is designed in a way that assists in reducing and adapting to the likely impacts of climate change.
cl 1.2: Am 2015 (21), Sch 1 [1].
1.3 Land to which Plan applies
(1) This Plan applies to the land identified on the Land Application Map.
(1A) Despite subclause (1), this Plan does not apply to the land identified on the Land Application Map as “Deferred matter”.
1.4 Definitions
The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.
1.5 Notes
Notes in this Plan are provided for guidance and do not form part of this Plan.
1.6 Consent authority
The consent authority for the purposes of this Plan is (subject to the Act) the Council.
1.7 Maps
(1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—
(a) approved by the local plan-making authority when the map is adopted, and
(b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.
(1AA) (Repealed)
(2) Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.
(3) Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.
(4) For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.
Note.
The maps adopted by this Plan are to be made available on the NSW Planning Portal. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.
1.8 Repeal of planning instruments applying to land
(1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.
Note.
The following local environmental plans are repealed under this provision—
Interim Development Order No 2—City of Penrith
Interim Development Order No 9—City of Penrith
Interim Development Order No 11—City of Penrith
Interim Development Order No 17—City of Penrith
Interim Development Order No 21—City of Penrith
Interim Development Order No 22—City of Penrith
Interim Development Order No 25—City of Penrith
Interim Development Order No 26—City of Penrith
Interim Development Order No 27—City of Penrith
Interim Development Order No 28—City of Penrith
Interim Development Order No 32—City of Penrith
Interim Development Order No 33—City of Penrith
Interim Development Order No 34—City of Penrith
Interim Development Order No 35—City of Penrith
Interim Development Order No 36—City of Penrith
Interim Development Order No 56—City of Penrith
Interim Development Order No 62—City of Penrith
Interim Development Order No 63—City of Penrith
Interim Development Order No 64—City of Penrith
Interim Development Order No 68—City of Penrith
Interim Development Order No 69—City of Penrith
Interim Development Order No 71—City of Penrith
Interim Development Order No 75—City of Penrith
Interim Development Order No 81—City of Penrith
Interim Development Order No 82—City of Penrith
Interim Development Order No 83—City of Penrith
Interim Development Order No 85—City of Penrith
Interim Development Order No 87—City of Penrith
Interim Development Order No 91—City of Penrith
Interim Development Order No 98—City of Penrith
Penrith City Centre Local Environmental Plan 2008
Penrith Local Environmental Plan No 43
Penrith Local Environmental Plan No 52
Penrith Local Environmental Plan No 85
Penrith Local Environmental Plan No 96
Penrith Local Environmental Plan No 150
Penrith Local Environmental Plan No 188
Penrith Local Environmental Plan No 226
Penrith Local Environmental Plan 1994 (Erskine Park Employment Area)
Penrith Local Environmental Plan 1996—Classification of Public Land
Penrith Local Environmental Plan 1996 (Industrial Land)
Penrith Local Environmental Plan 1997 (Penrith City Centre)
Penrith Local Environmental Plan 1998 (Lakes Environs)
Penrith Local Environmental Plan 2002 (Villages of Mulgoa and Wallacia)
Penrith Local Environmental Plan (Caddens) 2009
Penrith Local Environmental Plan (Glenmore Park Stage 2) 2009
Penrith Local Environmental Plan (South Werrington Urban Village) 2009
Penrith Planning Scheme Ordinance
(1A) Sydney Regional Environmental Plan No 13—Mulgoa Valley is repealed.
(1B) Sydney Regional Environmental Plan No 25—Orchard Hills is repealed.
(2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.
cl 1.8: Am 2014 (277), Sch 1 [1]; 2015 (21), Sch 1 [2].
1.8A Savings provisions relating to development applications
(1) If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.
Note.
However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.
(2) If a development application has been made before the commencement of Penrith Local Environmental Plan 2010 (Amendment No 31) and the application has not been finally determined before that commencement, the application must be determined as if that Plan had not commenced.
cl 1.8A: Am 2019 (621), Sch 5[1]; 2021 (153), Sch 1[1] [2].
1.9 Application of SEPPs
(1) This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.
(2) The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—
1.9A Suspension of covenants, agreements and instruments
(1) For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
(2) This clause does not apply—
(a) to a covenant imposed by the Council or that the Council requires to be imposed, or
(b) to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or
(c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or
(d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or
(e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or
(f) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or
(g) to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.
(3) This clause does not affect the rights or interests of any public authority under any registered instrument.
(4) Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).
cl 1.9A: Am 2011 (363), Sch 16 [1]; 2019 (621), Sch 5[2]–[4].
Part 2 Permitted or prohibited development
2.1 Land use zones
The land use zones under this Plan are as follows—
Rural Zones
RU1 Primary Production
RU2 Rural Landscape
RU4 Primary Production Small Lots
RU5 Village
Residential Zones
R1 General Residential
R2 Low Density Residential
R3 Medium Density Residential
R4 High Density Residential
R5 Large Lot Residential
Employment Zones
E1 Local Centre
E2 Commercial Centre
E3 Productivity Support
E4 General Industrial
Mixed Use Zones
MU1 Mixed Use
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
SP4 Enterprise
Recreation Zones
RE1 Public Recreation
RE2 Private Recreation
Conservation Zones
C1 National Parks and Nature Reserves
C2 Environmental Conservation
C3 Environmental Management
C4 Environmental Living
Waterway Zones
W1 Natural Waterways
W2 Recreational Waterways
cl 2.1: Am 2013 (318), Sch 1 [1]; 2014 (277), Sch 1 [2]; 2015 (21), Sch 1 [3] [4]; 2022 (830), Sch 1.19[1] [2].
2.2 Zoning of land to which Plan applies
For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.
2.3 Zone objectives and Land Use Table
(1) The Land Use Table at the end of this Part specifies for each zone—
(a) the objectives for development, and
(b) development that may be carried out without development consent, and
(c) development that may be carried out only with development consent, and
(d) development that is prohibited.
(2) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.
(3) In the Land Use Table at the end of this Part—
(a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and
(b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table
This is an opening excerpt, not the complete document.