Part 1 Introduction
1 Name of this plan
This plan is called Penrith Local Environmental Plan 1996 (Industrial Land).
2 Aims and objectives of this plan
(1) The aims of this plan are:(a) to encourage a broad range of industrial land uses which will promote both the economic and employment growth of the City of Penrith, and(b) to promote development which is consistent with the council’s vision for the City of Penrith contained in its strategic management plan, namely one of a harmony of urban and rural qualities with a strong commitment to environmental protection and enhancement, and(c) to promote development which observes responsible and environmentally sound management practices to minimise any adverse environmental impact of that development on surrounding localities.(2) The objectives of this plan are:(a) to consolidate and rationalise planning controls relating to industrial land, into a single plan, and(b) to present the planning controls in a clear manner, and(c) to provide a planning framework which allows development control plans to supplement the controls embodied in this plan, and(d) to require development to be assessed in accordance with and observe sound environmental planning principles, and(e) to preserve the amenity of any adjacent residential communities, and(f) to prohibit development of land for certain purposes if that development will involve direct vehicular access between that land and particular roads, and(g) to promote the efficient development of industrial land, and(h) to ensure the orderly provision of services and infrastructure to meet the needs of development, and(i) to promote the development of an attractive and safe work place environment, and(j) to restrict certain development to particular locations, where the development is likely to have an adverse environmental effect on adjoining land, and(k) to ensure that outdoor advertising:(i) conveys advertisers’ messages and images while complementing and conforming to both the building on which it is displayed and the character of the locality, and(ii) does not adversely affect the locality in terms of appearance, size, illumination or overshadowing or in any other way, and(iii) does not lead to visual clutter through the proliferation of signs, and(l) to ensure that land considered by the council as likely to have been contaminated, or with a known history of contamination, is fully assessed and the need or otherwise for its remediation established, and(m) to rationalise industry zone boundaries by zoning certain small areas of adjacent residential, rural, open space and special uses zoned land to industry.(3) The council must consider the aims and objectives of this plan in determining development applications. This plan also includes objectives for each zone, the importance of which is explained in Part 2.
3 Land to which this plan applies
(1) This plan applies to the land within the City of Penrith which is shown edged by a heavy black line on the map.(2) This plan does not apply to the land to which the following instruments apply:cl 3: Am 8.1.1999.
4 Relationship to other plans
(1) With the exception of Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation), this plan repeals all other local environmental plans and deemed environmental planning instruments in so far as they relate to land to which this plan applies.(2) Nothing in this plan affects the application, to land to which this plan applies, of Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation).(3) Development consent must not be granted unless the council is satisfied that the proposed development is consistent with the provisions and the objectives of any development control plan prepared in respect of the land to which the development application relates.
5 Model Provisions
Clause 35 of, and Schedule 1 to, the Environmental Planning and Assessment Model Provisions 1980 are adopted for the purposes of this plan.
6 Definitions
(1) Terms used in this plan which are defined in Schedule 1 have the meanings set out in that schedule.(2) In this plan:(a) a reference to a map is a reference to a map deposited in the office of the council, and(b) a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose.
7 Consent authority
The council is the consent authority for all development applications made in relation to land to which this plan applies.
Part 2 Land use zones
8 Zones indicated on the map
The land to which this plan applies is divided into three zones and land in each zone is identified on the map in the following manner:
9 Zone objectives and development control Table
(1) The development control Table which follows indicates for each zone:(a) the objectives of the zone, and(b) the land uses for the purposes of which:(i) development may be carried out without development consent, and(ii) development may be carried out only with development consent, and(iii) development is prohibited.(2) The council must consider the zone objectives in determining development applications relating to land within the zone.(3) Except as otherwise provided by this plan, the consent authority must not grant consent to an application to carry out development on land to which this plan applies that, in the opinion of the consent authority, is contrary to one or more of the aims and objectives of the plan, or one or more of the objectives of the zone within which the development is proposed to be carried out.Development control tableZone No 4 (a) General Industry Zone(a) Objectives of the zone:(i) to encourage a diversity of industrial employment generating activities, and(ii) to promote development which observes responsible, and environmentally sound, management practices, and(iii) to promote development which makes efficient use of industrial land, and(iv) to permit development which serves the daily convenience needs of persons working within industrial areas, and(v) to permit development for the purpose of recreational facilities, child care centres or community facilities to serve the needs of the workforce of the industrial areas and adjacent residential communities, and(vi) to promote development of land with frontage to Castlereagh Road, Old Bathurst Road and Christie Street which, by its architectural and landscape design, will enhance their gateway entry roles to the City of Penrith, and(vii) to prohibit the development of land for any purpose if the development will have direct vehicular access between that land and Castlereagh Road.(b) (i) Without development consentNil.(b) (ii) Only with development consentAny land use other than those included in Item (b) (iii).(b) (iii) Prohibited• advertisements of a type, form or size listed in Schedule 2 visible outside the site on or from which they are displayed or controlled• amusement parks• boarding houses• camp or caravan sites• dwellings (other than those used in conjunction with another land use that is not prohibited in this zone and situated on the land on which the other use is conducted)• extractive industries• general stores• offensive or hazardous industries• offensive or hazardous storage establishments• office premises (other than those ancillary to, and used in conjunction with, another land use that is not prohibited in this zone)• shops (other than take-away food shops and corner shops)• waste disposalZone No 4 (b) Special Industry Zone(a) Objectives of the zone:(i) to encourage a diversity of industrial and other employment generating activities, and(ii) to promote development which observes responsible, and environmentally sound, management practices, and(iii) to promote development which makes efficient use of industrial land, and(iv) to permit development which serves the daily convenience needs of persons working within industrial areas, and(v) to permit development for the purposes of recreational facilities, child care centres or community facilities to serve the needs of the workforce of the industrial areas and adjacent residential communities, and(vi) to promote development of land with frontage to the M4 Motorway and Mulgoa Road which, by its architectural and landscape design, will enhance their gateway entry roles to the City of Penrith, and(vii) to prohibit the development of land for any purpose if the development will involve direct vehicular access between that land and the M4 Motorway and Mulgoa Road, and(viii) to prohibit certain industries which are likely to have an adverse effect on the use and enjoyment of adjoining localities, and(ix) to permit the retailing of bulky goods from shops having a gross floor area of not more than 1,000m2.(b) (i) Without development consentNil.(b) (ii) Only with development consent• shops trading principally in bulky goods which shops:(a) have a gross floor area of not more than 1,000 square metres, and(b) do not have frontage to a road referred to in clause 20• and any land use other than those included in Item (b) (iii).(b) (iii) Prohibited• advertisements of a type, form or size listed in Schedule 2 visible outside the site on or from which they are displayed or controlled• amusement parks• boarding houses• camp or caravan sites• dwellings (other than those used in conjunction with another land use that is not prohibited in this zone and situated on the land on which the other land use is conducted)• extractive industries• general stores• generating works• industries listed in Schedule 3• junkyards• offensive or hazardous industries• offensive or hazardous storage establishments• office premises (other than those ancillary to, and used in conjunction with, another land use that is not prohibited in this zone)• shops (other than take-away food shops, corner shops, those trading principally in motor vehicle parts and accessories or those trading principally in bulky goods included in Item (b) (ii))• vehicle body repair workshops• waste disposalZone No 5 (c) State Roads and State Road Widening Zone(a) Objective of the zone:To reserve land which will be required for State roads and State road widening purposes.(b) (i) Without development consentNil.(b) (ii) Only with development consent• classified roads• drains• landscaping• parking areas• road widening• site filling• roads• utility installations(b) (iii) ProhibitedAny land use other than those included in Item (b) (ii).
Part 3 Special provisions
Division 1 Provisions applying generally
10 Environmental considerations
In determining a development application, the council must consider such of the following matters as are of relevance to the proposed development:(a) any adverse impact on the existing or likely future amenity of any adjoining residential or rural land likely to be caused by air, water, noise or any other pollution,(b) the effect on the visual amenity of any adjoining residential land,(c) the effect on water quality through particulate or chemical emissions or sedimentation and the measures proposed to control any such effect,(d) the extent of likely air emissions and the measures proposed to control those emissions,(e) the energy efficiency of the proposal in terms of building design, solar access, site layout, technology and the like,(f) waste management needs and the adequacy of proposed waste management measures, including opportunities for recycling,(g) the hazardous nature and quantities of any materials or substances to be used or stored,(h) proposed ongoing monitoring procedures and management plans to mitigate any adverse environment effects,(i) the need for, and adequacy of, any site restoration, rehabilitation or remediation measures for the land.
11 Drainage
The council must not grant consent to development unless the council has taken into consideration whether:(a) satisfactory arrangements have been made with the council for the implementation of that part of any council trunk drainage and water quality management scheme to which the land drains, and(b) the development conforms with the provisions of any council trunk drainage and water quality management scheme applicable to the area, and(c) the development conforms with the provisions of any council water quality and quantity policy.
12 Development for the purpose of advertisements
Despite any other provision of this plan, development for the purpose of an advertisement, described in the Table to this clause, but not being an advertisement of a form, type or size as listed in Schedule 2, may be carried out without development consent, but only in accordance with the conditions (if any) specified in the Table.Table Advertisements allowed without consent
13 Tree preservation
(1) The ringbarking, cutting down, digging up, topping, lopping, removing, injuring by mechanical or chemical means or any action which could cause the death of any tree or trees is prohibited without the council’s consent.(2) The council’s consent is not required for the following with respect to a tree:(a) pruning for the purpose of its regeneration or shaping, or(b) necessary action to prevent imminent personal injury or imminent damage to property, or(c) to take appropriate action where the tree has otherwise become dangerous, but only if 7 days’ notice of the action proposed has been given to the council, or(d) for the removal of noxious plants, being plants listed as noxious in a pamphlet published by the Hawkesbury River County Council and available to the public in the office of the council.(3) This clause does not apply to tree trimming, tree removal or other similar measures carried out by an electricity supply authority, which is in accordance with any tree management agreement approved by the council.
14 Subdivision of land
(1) Land to which this plan applies must not be subdivided without the consent of the council.(2) A road on land to which this plan applies must not be opened without the consent of the council.(3) The council must not grant consent to a subdivision of land to which this plan applies which creates an allotment containing land in more than one zone.
Division 2 Provisions applying to particular land
15 Acquisition of land reserved for roads
(1) In this clause and clause 16:the corporation means the corporation constituted by section 8 (1) of the Act.the RTA means the Roads and Traffic Authority constituted under the Transport Administration Act 1988.vacant land means land on which, immediately before the day on which a notice under subclause (2) is given, or an application for development consent pursuant to clause 16 (1) is lodged, there were no buildings other than fences, greenhouses, conservatories, garages, summer houses, private boat houses, fuel sheds, tool houses, cycle sheds, aviaries, milking bails, hay sheds, stables, fowl houses, pig sties, barns or the like.(2) The owner of any vacant land within Zone No 5 (c) may, by notice in writing, require:(a) the RTA in the case of land that is included in the 5 year works programme of the RTA current at the time of receipt of the notice, orto acquire the land.(b) the corporation in any other case,(3) The owner of any land within Zone No 5 (c) that is not vacant may, by notice in writing, require the RTA to acquire the land if:(a) the land is included in the 5 year works programme of the RTA current at the time of the receipt of the notice, or(b) the RTA has decided not to give concurrence pursuant to clause 16 (1) to an application for consent to the carrying out of development on the land, or(c) the RTA is of the opinion that the owner of the land will suffer hardship if the land is not acquired within a reasonable time.(4) On receipt of a notice under this clause, the RTA or the corporation, as the case may be, must acquire the land unless the land might reasonably be required to be dedicated for public roads.
16 Development of land reserved for roads
(1) Despite clause 9, a person may, with the council’s consent and:(a) in the case of vacant land, with the concurrence of the RTA and the corporation, orcarry out development on land within Zone No 5 (c) if the development may be carried out on land within an adjoining zone under this plan.(b) in the case of the land that is not vacant, with the concurrence of the RTA,(2) In deciding whether to grant concurrence to proposed development pursuant to this clause, the RTA and the corporation must take the following matters into consideration:(a) the need to carry out development on the land for the purpose of classified roads or proposed classified roads within the meaning of the State Roads Act 1986,(b) the imminence of the acquisition of the land by the RTA or the corporation, and(c) the likely additional cost to the RTA or the corporation resulting from the carrying out of the proposed development.(3) Land acquired under this section may be developed, with the council’s consent for the purpose of any land use permitted on land within an adjoining zone under this plan, until such time as it is required for the land use for which it was acquired.
17 Flood liable land
The council must not grant consent for development of flood liable land, unless the council has taken into consideration whether the proposed development complies with any policy of the council for the development of flood liable land.
18 Convenience stores
The gross floor area of a convenience store used for retailing, must not exceed 200 square metres.
19 Community use of school and other sites
Despite any other provision of this plan, a person may, with the consent of the council, carry out development on land to which this plan applies involving:(a) the community use of the facilities and sites of schools, colleges and other educational establishments, or(b) the commercial operation of those facilities and sites for community purposes, or(c) the carrying out of development for community uses on land used for the purposes of schools, colleges or other educational institutions, whether or not the development is ancillary to those purposes.
20 Development along particular roads
The council must not grant consent to development of land within Zone No 4 (a) or 4 (b) if the development will involve the use of direct vehicular access between that land and the M4 Motorway, Mulgoa Road, and Castlereagh Road.
21 Development of land fronting Forthorn Place, St Marys
Despite any other provision of this plan, a person may, with the consent of the council carry out development on land fronting Forthorn Place, St Marys, for the purpose of shops trading principally in motor vehicle parts and accessories.
22 Development of land at Lot 2, DP 309868; Gibbes Street, Regentville
(1) Despite any other provision of this plan, a person may, with the consent of the council, carry out development for the purpose of a wholesale and retail warehouse on Lot 2, DP 309868, at Gibbes Street, Regentville, but only if the council is satisfied that not less than 60% of the goods sold from the land will be resold by retail after being removed from the land.(2) In this clause, wholesale and retail warehouse means a building occupying an area of not less than 6,000 square metres used for storing goods, including groceries, in bulk quantities and for the sale of those goods in bulk quantities.
23 Development of land at Wolseley Street and Gibbes Street, Penrith
(1) This clause applies to land known as Lots 1 to 9 DP 779927, Lots 46 to 62 Section B DP 1687, Lots 31 to 35 DP 238821, Lots 1 to 4 DP 239799, Lots 70 to 77 Section B DP 1687, Lots 68 and 69 DP 456315, and Pt 10, 11, 12, 13 and 14 Gibbes Street, Penrith and includes the unmade portion of Dalley Street and the southern section of Gibbes Street from the southern boundary of Lot 2 DP 309868 (Gibbes Street, Penrith).(2) Despite any other provision of this plan, a person may, with the consent of the council, carry out development on land referred to in subclause (1), for the purpose of a homemaker centre.(3) For the purposes of this clause, homemaker centre means a building or group of buildings, which comprise a number of retail outlets, not less than 1,000m2 each in gross floor area, used for the purpose of retailing:• computer equipment,• electrical goods,• floor coverings, tiles and paving,• garden equipment and furniture,• hardware and timber supplies,• household appliances and equipment,• household fittings and furniture,• plants,and may include, as an ancillary use, a restaurant aimed principally at providing a service to the clientele of the centre.• swimming pools and spas,(4) The council shall not grant consent to a development application for a homemaker centre on the land unless it is satisfied that:(a) the development is generally consistent with the provisions of any guidelines approved by the Council, applying to the land to which the application relates, and(b) any new building will be in a single integrated building form, and(c) the proposed form, architectural design, siting, building materials and colours of the new building will complement existing buildings in the surrounding locality, and will recognise and enhance the gateway significance of the site, and(d) the development incorporates a covered pedestrian system linking all activities within the site.(5) The council must not grant consent to development on the land if the development will involve the use of direct vehicular access between that land and Mulgoa Road.cl 23: Ins 31.7.1998 (see also 28.8.1998).cl 23: Ins 30.10.1998.
23 Bulky goods retailing within Zone No 4 (b)
The council may grant consent to the carrying out of development for the purpose of a shop trading principally in bulky goods on land within Zone No 4 (b) only if it is satisfied that:(a) the development would not be more suitably carried out in a business centre in the locality, and(b) the development is unlikely to have an adverse effect on the viability of any other business centres in the locality, and(c) the development is of a type which is appropriate to an industrial zone or to the general character of existing development within the locality.
24 Development of land at North Penrith
(1) This clause applies to land shown on sheet 2 of the map marked Penrith Local Environmental Plan 1998 (Urban Land) (Amendment No 3) North Penrith.(2) Despite any other provision of this plan, development for the purposes listed below is prohibited on any land within 100m of an adjoining or adjacent residential zone:• generating works• industries listed in Schedule 3• junkyards• vehicle body repair workshops(3) Despite any other provision of this plan, the land shown stippled on Sheet 2 of the map marked Penrith Local Environmental Plan 1998 (Urban Land) (Amendment No 3) North Penrith may not be used for any purpose other than landscaping.(4) Despite any other provision of this plan, the land shown hatched on Sheet 2 of the map marked Penrith Local Environmental Plan 1998 (Urban Land) (Amendment No 3) North Penrith may not be used for any purpose other than landscaping or carparking.cl 24: Ins 15.12.2000.
Schedule 1 Definitions
(Clause 6)
abattoir means a building or place used for the slaughter of animals, whether or not animal by-products are processed or manufactured there or distributed from there, and includes a knackery.
advertisement means a display by the use 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.
amusement park means a place where amusements or mechanical or electronic entertainments are permanently situated.
area of an advertisement in the form of a sign means:
(a) for a sign with only one side occupied by the matter displayed, the area within the outline of that sign, or
(b) for a sign with two sides occupied by the matter displayed, the area within the outline of that sign or, where one side is larger than the other, the area within the outline of the larger side, or
(c) for any other sign, one third of the total surface area of the sign.
boarding house means a building or place:
(a) where accommodation, meals and laundry facilities are provided to the residents of the building or place, and
(b) which is not licensed to sell liquor within the meaning of the Liquor Act 1982.
building includes any structure or part of a structure.
bulky goods means large goods which are, in the opinion of the council, of such a size and shape as to necessitate:but does not include agricultural products, beverages, clothing, food, footwear, leisure goods, paper or stationery products, small electrical appliances, electronic goods or toys.
(a) a large area for handling, storage or display, and
(b) easy and direct vehicular access so as to allow for their collection by customers,
business premises means a building or place in which there is carried on an occupation, profession, light industry or trade which provides a service directly and regularly to the public but, for the purposes of the development control table, does not include a building or place elsewhere defined in this schedule.
camp or caravan site means a site used for the purpose of:
(a) placing moveable dwellings (as defined in the Local Government Act 1993) for permanent accommodation or for temporary accommodation by tourists, or
(b) the erection, assembly or placement of cabins for temporary accommodation by tourists.
child care centre means a building or place used for the purpose of supervising or caring for children which:but does not include a building or place providing residential care for those children.
(a) caters for 5 or more under school-age children whether or not those children are related to the owner or operator of the child care centre, and
(b) may include an educational function, and
(c) may operate for the purpose of gain,
classified road means a road or work declared under Part 5 of the Roads Act 1993 to be a main road, a secondary road, a State highway, a tourist road, a State work, a freeway or a controlled access road within the meaning of that Act.
community facility means a building or place owned or controlled by a public authority or a body of persons which may provide for the physical, social, cultural or intellectual development or welfare of the local community, but does not include a club registered under the Registered Clubs Act 1976.
contaminated land means land which is of a condition or state which represents or potentially represents an adverse health or environmental impact because of the presence of potentially hazardous substances.
convenience store means a building or place:
(a) used for the purpose of selling, exposing or offering for sale by retail principally groceries, smallgoods and associated small items which is open for business in the interests of public convenience at hours beyond the normal trading hours of a general shop (other than a small shop), and
(b) used in conjunction with the sale by retail of petrol, oil and other petroleum products.
corner shop means a building or place used for the purpose of selling foodstuffs, personal care products, and other small daily convenience goods (whether or not the facilities of a post office, bank, newsagency or dry cleaning agency are included) and which has a gross floor area not exceeding 100 square metres.
council means the Council of the City of Penrith.
drain means any drain used for removing water other than sewage.
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:whether or not accommodation for staff and students is provided and whether or not used for the purposes of gain.
(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 that is not used to sell the items displayed in it,
existing ground level means the level of a site before development is carried out on the site in accordance with this plan.
extractive industry means:
(a) the winning or removal of extractive material from land, or
(b) an undertaking, not being a mine, which depends for its operation on the winning of extractive material from the land on which it is carried on, and includes any washing, crushing, grinding, milling or separating into different sizes of that extractive material on that land.
extractive material does not include coal, shale, petroleum, uranium or any mineral within the meaning of the Mining Act 1992.
flood liable land means an area of land identified by the council on a map as likely to be affecting by flooding.
floor means that space within a building which is situated between one floor level and the floor level next above or if there is no floor above, the ceiling or roof above.
general store means a shop used for the sale by retail of general merchandise and which may include the facilities of a post office.
generating works means a building or place used for the purpose of making or generating gas, electricity or other forms of energy.
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, 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 thereto, 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.
hazardous industry means an industry which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate it from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality:
(a) to human health, life or property, or
(b) to the biophysical environment.
hazardous storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact have been employed (including, for example, measures to isolate it from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality:
(a) to human health, life or property, or
(b) to the biophysical environment.
height in relation to a building, means the vertical distance measured between natural ground level at any point at which the building is sited and the roof of the topmost floor of the building above that point.
home industry means a home occupation undertaken by the permanent residents of the dwelling, whether or not others are also employed.
home occupation means the use of a dwelling or of any land comprising, or building erected on, the allotment on which the dwelling is located, for the purpose of an office, light industry, industry or business, but only if:
(a) that use is undertaken by the permanent residents of the dwelling, and
(b) the use does not involve the employment of persons other than those residents, and
(c) the use does not interfere unreasonably in any way with the amenity of adjoining properties or the locality in which the dwelling is situated.
hotel means premises specified or proposed to be specified in a hotelier’s licence granted under the Liquor Act 1982.
industry means:but does, for the purposes of the development control table, not include an extractive industry or other land use elsewhere defined in this Schedule.
(a) any manufacturing process within the meaning of the Factories, Shops and Industries Act 1962, or
(b) the breaking up or dismantling of any goods or any article for trade or sale or gain or ancillary to any business,
junkyard means land used for the collection, dismantling, salvaging, storage or abandonment of scrap materials, goods, vehicles or machinery and that may be used for the ancillary sale of parts thereof.
light industry means an industry, not being an offensive or hazardous industry, in which the processes carried on, the transportation involved or the machinery or materials used do not, in the opinion of the council, interfere with the amenity of the surrounding neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise.
liquid fuel depot means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid.
materials recycling yard means a building or place used for collecting, dismantling, salvaging, storing and recycling of second hand or scrap materials for the purpose of resale, but does not include a junkyard.
mine means an activity which depends for its operation on the winning or removal of any material to which the Mining Act 1992 or the Petroleum (Onshore) Act 1991 applies, and includes the storage and primary processing of the material obtained.
motel means premises, not being a hotel, used for the temporary or short-term accommodation of travellers.
motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are also sold or displayed there.
offensive industry means an industry which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate it from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example noise) in a manner which would have a significant adverse impact in the locality or on existing or likely future development on the other land in the locality.
offensive storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate it from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact in the locality or on existing or likely future development on the other land in the locality.
office premises means a building or place used for the purpose of carrying out professional, administrative, clerical or public duties but, for the purposes of the development control table, does not include an office used in conjunction with or ancillary to a landuse elsewhere specifically defined in this Schedule.
parking area means a building or place, such as a ground level parking area or deck parking structure, 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.
recreation facility means a building or place used for sporting activities, recreation or leisure activities, whether or not operated for the purpose of gain, but does not include a building or place elsewhere defined in this Schedule.
remediation of land means any one or more of the following:
(a) removing the cause of contamination from land,
(b) reducing contamination of land,
(c) eliminating or reducing any danger arising from the contamination of land,
(d) rehabilitating land.
restaurant means a building or place, the principal purpose of which is the provision of food to people for consumption on the premises, whether or not a drive-through food retail facility is included.
road means a public thoroughfare used for the passage of vehicles or animals.
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:but does not include a building or place used for vehicle body building or the panel beating or spray painting of vehicles.
(a) the hiring of trailers,
(b) the retail selling or the installing of spare parts and accessories for motor vehicles,
(c) washing and greasing of motor vehicles,
(d) repairing or servicing of motor vehicles,
(e) the retail selling or hiring of small consumer goods,
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 elsewhere specifically defined in this Schedule, or a building or place used for a land use elsewhere specifically defined in this Schedule.
site filling means the use of clean, non-putrescible material, such as soil, sand and clean building materials, to change the existing ground level of an area.
take-away food shop means a building or place principally used for the purpose of selling fast food and other foodstuffs prepared on the premises to people for consumption elsewhere, but does not include a drive through food retail facility.
the Act means the Environmental Planning and Assessment Act 1979.
the map means the map marked “Penrith Local Environmental Plan 1996 (Industrial Land) as amended by the maps (or the specified sheets of the maps) marked as follows:
Penrith Local Environmental Plan 1998 (Urban Land) (Amendment No 3) North Penrith
transport terminal means a building or place used as an airline terminal, a road transport terminal, a bus station or a bus depot.
tree means:
(a) a living perennial plant with:(i) one or more self supporting trunks, any one of which has a circumference of 30cm or more (at a height of 40cm above the ground), or(ii) a height of 3 metres or more, or a branch spread of more than 3 metres, or
(b) any tree or plant, irrespective of size, listed in a register of significant trees and gardens, which is a register kept at the office of the council, or
(c) any palm, cycad or tree fern.
utility installation means a building or work used for a utility undertaking.
utility undertaking means any undertaking carried on 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.
vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel beating or spray painting.
vehicle repair station means a building or place used for the purpose of carrying out repairs or the selling and fitting of accessories to vehicles or agricultural machinery.
warehouse or distribution centre means a building or place used mainly for storing, handling or displaying items (whether goods or materials) which have been produced or manufactured for sale, other than retail sale to the public from the building or place.
waste disposal means to discharge, emit or deposit into the environment, any matter whether liquid, solid gaseous, or radioactive, in such volume, consistency or manner as to cause a significant alteration to the environment, but does not include waste water disposal carried out by the Sydney Water Corporation Limited.
sch 1: Am 15.12.2000.
Schedule 2 Prohibited advertisements
(Clause 9)
• Advertisements in the form of a roof sign
• Advertisements in the form of a sky sign controlled from land to which this plan applies
• Advertisements in the form of a flashing sign
• Advertisements in the form of a moving sign on a site of land to which this plan applies
• signs made of canvas, calico or the like (other than a temporary sign)
• signs that are displayed on an awning blind or external window blind
• hoardings
• billboards
• bulletin boards
• signs in the nature of posters attached directly onto walls or roof surfaces
• signs that exceed 7 metres in height above natural ground level
Schedule 3 Prohibited industries
• abattoir
• cement or cement products manufacture
• chemical factories or works
• crushing, grinding or milling works
• electricity generating stations
• extractive industries
• gasholders
• liquid, chemical, oil or petroleum waste works
• liquid fuel depots
• metallurgical works in which more than 100 tonnes per annum of ferrous or non-ferrous metals or their ores are processed
• mines
• oil refineries
• paper or pulp works
• petroleum product storage and processing works
• pre-mix bitumen works
• rubber or plastic works
• sawmills
• scrap recovery or drum reconditioning works