1 Name of plan
2 Area covered by this plan
(1) This plan applies to all land within the City of Penrith.(2) Despite subclause (1), this plan does not apply to land that:(a) is critical habitat or contains a threatened species or an endangered population or an endangered ecological community within the meaning of the Threatened Species Conservation Act 1995, or(b) is affected by a recovery plan or threat abatement plan under the Threatened Species Conservation Act 1995, or(c) is, or is part of, a wilderness area within the meaning of the Wilderness Act 1987, or(d) is an Aboriginal relic or area within the meaning of the National Parks and Wildlife Act 1974, or(e) is listed in the Register of the National Estate complied by the Australian Heritage Commission or is on the Interim list of that Register, or(f) is dedicated or reserved under the National Parks and Wildlife Act 1974, or(g) is an aquatic reserve under the Fisheries Management Act 1994, or(h) is reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or(i) is, or is near, the river as defined in Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean (No 2—1997), or(j) is within the riverine corridor, wetlands or conservation area sub-catchments, within the meaning of Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean (No 2—1997), or(k) is identified by an environmental planning instrument or a deemed environmental planning instrument as an item of environmental heritage, or(l) is subject to an order under the Heritage Act 1977, or(m) is shown in hatching edged by a heavy black line and referred to on the map as either “EXCLUDED LAND” or “DEFERRED MATTER”.
3 Relationship to other environmental planning instruments
(1) In the event of an inconsistency between this plan and any other local environmental planning instrument or deemed environmental planning instrument, this plan shall prevail to the extent of the inconsistency, subject to this clause and section 36 of the Act.(2) This plan amends State Environmental Planning Policy No 4—Development Without Consent by inserting the following words in alphabetical order in Schedule 2 (Land excepted from clauses 6–10):Penrith City(3) Nothing in this plan affects the application of Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) to land to which this plan applies.(4) Nothing in this plan affects the application of:(c) Sydney Regional Plan No 9—Extractive Industry,
4 Suspension of certain covenants etc
(1) Any agreement, covenant or similar instrument which would otherwise prohibit or restrict exempt development allowed by this plan does not apply to the extent necessary to allow that development.(2) Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.(3) In accordance with section 28 of the Act, the Governor approved of subclauses (1) and (2) before this plan was made.
5 Aim of plan
The aim of this plan is to provide for exempt and complying development in the City of Penrith.
In this plan:Council means the Council of the City of Penrith.the map means the map marked “Penrith Local Environmental Plan No 255—Exempt and Complying Development” deposited in the office of the Council.
7 What is exempt and complying development?
(1) Development of minimal environmental impact listed as exempt development in Penrith Development Control Plan—Exempt and Complying Development as adopted by the Council on 6 September 1999 is exempt development, despite the provisions of any other environmental planning instrument applying to the land to which this plan applies.(2) Development listed as complying development in Penrith Development Control Plan—Exempt and Complying Development as adopted by the Council on 6 September 1999 is complying development if:(a) it is local development of a kind that can be carried out with consent on the land on which it is proposed, and(b) it is not an existing use, as defined in section 106 of the Act.(3) Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Penrith Development Control Plan—Exempt and Complying Development as adopted by the Council on 6 September 1999.(4) A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Penrith Development Control Plan—Exempt and Complying Development adopted by the Council, as in force when the certificate is issued.