Table Of Contents

Penrith Local Environmental Plan 2010

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,
(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 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 226
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
Business Zones
B1 Neighbourhood Centre
B2 Local Centre
B3 Commercial Core
B4 Mixed Use
B5 Business Development
B6 Enterprise Corridor
B7 Business Park
Industrial Zones
IN1 General Industrial
IN2 Light Industrial
Special Purpose Zones
SP1 Special Activities
SP2 Infrastructure
SP3 Tourist
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].
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 in relation to the same zone.
(4)  This clause is subject to the other provisions of this Plan.
Notes—
1   
Schedule 1 sets out additional permitted uses for particular land.
2   
Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.
3   
Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).
4   
Clause 2.6 requires consent for subdivision of land.
5   
Part 5 contains other provisions which require consent for particular development.
2.4   Unzoned land
(1)  Development may be carried out on unzoned land only with development consent.
(2)  In deciding whether to grant development consent, the consent authority—
(a)  must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and
(b)  must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.
2.5   Additional permitted uses for particular land
(1)  Development on particular land that is described or referred to in Schedule 1 may be carried out—
(a)  with development consent, or
(b)  if the Schedule so provides—without development consent,
in accordance with the conditions (if any) specified in that Schedule in relation to that development.
(2)  This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.
2.6   Subdivision—consent requirements
(1)  Land to which this Plan applies may be subdivided, but only with development consent.
Notes—
1   
If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent.
2   
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development.
(2)  Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.
Note—
The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.
2.7   Demolition requires development consent
The demolition of a building or work may be carried out only with development consent.
Note—
If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.
2.8   Temporary use of land
(1)  The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.
(2)  Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 28 days (whether or not consecutive days) in any period of 12 months.
(3)  Development consent must not be granted unless the consent authority is satisfied that—
(a)  the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and
(b)  the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and
(c)  the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and
(d)  at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.
(4)  Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.
(5)  Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).
2.9   Canal estate development prohibited
(1)  Canal estate development is prohibited on land to which this Plan applies.
(2)  In this Plan, canal estate development means development that involves—
(a)  a constructed canal, or other waterway or waterbody, that—
(i)  is inundated by surface water or groundwater movement, or
(ii)  drains to a waterway or waterbody by surface water or groundwater movement, and
(b)  the erection of a dwelling, and
(c)  one or both of the following—
(i)  the use of fill material to raise the level of all or part of the land on which the dwelling will be erected to comply with requirements for residential development in the flood planning area,
(ii)  excavation to create a waterway.
(3)  Canal estate development does not include development for the purposes of drainage or the supply or treatment of water if the development is—
(a)  carried out by or with the authority of a person or body responsible for the drainage, supply or treatment, and
(b)  limited to the minimum reasonable size and capacity.
(4)  In this clause—
flood planning area has the same meaning as in clause 5.21.
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
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].
Zone RU1   Primary Production
1   Objectives of zone
•  To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
•  To encourage diversity in primary industry enterprises and systems appropriate for the area.
•  To minimise the fragmentation and alienation of resource lands.
•  To minimise conflict between land uses within this zone and land uses within adjoining zones.
•  To protect and enhance the existing agricultural landscape character of the land.
•  To ensure development is compatible with the environmental capabilities of the land and does not unreasonably increase the demand for public services or public facilities.
•  To preserve and improve natural resources through appropriate land management practices.
2   Permitted without consent
Extensive agriculture; Home occupations; Intensive plant agriculture
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
Zone RU2   Rural Landscape
1   Objectives of zone
•  To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.
•  To maintain the rural landscape character of the land.
•  To provide for a range of compatible land uses, including extensive agriculture.
•  To minimise conflict between land uses within the zone and land uses within adjoining zones.
•  To preserve and improve natural resources through appropriate land management practices.
•  To ensure development is compatible with the environmental capabilities of the land and does not unreasonably increase the demand for public services or public facilities.
2   Permitted without consent
Extensive agriculture; Home occupations
3   Permitted with consent
Agricultural produce industries; Agriculture; Animal boarding or training establishments; Aquaculture; Building identification signs; Business identification signs; Cellar door premises; Cemeteries; Community facilities; Crematoria; Dual occupancies; Dwelling houses; Environmental facilities; Environmental protection works; Farm buildings; Flood mitigation works; Forestry; Funeral homes; Helipads; Home-based child care; Home businesses; Home industries; Information and education facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (outdoor); Roads; Roadside stalls; Rural supplies; Schools; Secondary dwellings; Stock and sale yards; Tourist and visitor accommodation; Veterinary hospitals
4   Prohibited
Hotel or motel accommodation; Serviced apartments; Any other development not specified in item 2 or 3
Zone RU4   Primary Production Small Lots
1   Objectives of zone
•  To enable sustainable primary industry and other compatible land uses.
•  To encourage and promote diversity and employment opportunities in relation to primary industry enterprises, particularly those that require smaller lots or that are more intensive in nature.
•  To minimise conflict between land uses within this zone and land uses within adjoining zones.
•  To ensure land uses are of a scale and nature that is compatible with the environmental capabilities of the land.
•  To preserve and improve natural resources through appropriate land management practices.
•  To maintain the rural landscape character of the land.
•  To ensure that development does not unreasonably increase the demand for public services or facilities.
2   Permitted without consent
Extensive agriculture; Home occupations
3   Permitted with consent
Agricultural produce industries; Agriculture; Animal boarding or training establishments; Aquaculture; Building identification signs; Business identification signs; Cellar door premises; Cemeteries; Community facilities; Crematoria; Dual occupancies; Dwelling houses; Environmental facilities; Environmental protection works; Farm buildings; Flood mitigation works; Home-based child care; Home businesses; Home industries; Intensive plant agriculture; Information and education facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (outdoor); Roads; Roadside stalls; Rural supplies; Schools; Secondary dwellings; Tourist and visitor accommodation; Veterinary hospitals
4   Prohibited
Dairies (restricted); Feedlots; Hotel or motel accommodation; Serviced apartments; Any other development not specified in item 2 or 3
Zone RU5   Village
1   Objectives of zone
•  To provide for a range of land uses, services and facilities that are associated with a rural village.
•  To provide limited housing development opportunities for existing and new residents, including an ageing population, where this is consistent with the other objectives of this zone.
•  To ensure development is compatible with the role and character of the village, available infrastructure, services and facilities and with the environmental capabilities of the land.
2   Permitted without consent
Home occupations
3   Permitted with consent
Building identification signs; Business identification signs; Car parks; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Educational establishments; Environmental facilities; Environmental protection works; Flood mitigation works; Funeral homes; Health consulting rooms; Home-based child care; Home businesses; Home industries; Information and education facilities; Kiosks; Markets; Neighbourhood shops; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Schools; Secondary dwellings; Seniors housing; Sewage treatment plants; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation
4   Prohibited
Serviced apartments; Any other development not specified in item 2 or 3
Zone R1   General Residential
1   Objectives of zone
•  To provide for the housing needs of the community.
•  To provide for a variety of housing types and densities.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
•  To ensure that a high level of residential amenity is achieved and maintained.
•  To ensure that new development reflects the desired future character and dwelling densities of the area.
2   Permitted without consent
Home occupations
3   Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dwelling houses; Emergency services facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home-based child care; Home businesses; Home industries; Hostels; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Residential accommodation; Residential flat buildings; Respite day care centres; Roads; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture
4   Prohibited
Rural workers’ dwellings; Any other development not specified in item 2 or 3
Zone R2   Low Density Residential
1   Objectives of zone
•  To provide for the housing needs of the community within a low density residential environment.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
•  To promote the desired future character by ensuring that development reflects features or qualities of traditional detached dwelling houses that are surrounded by private gardens.
•  To enhance the essential character and identity of established residential areas.
•  To ensure a high level of residential amenity is achieved and maintained.
2   Permitted without consent
Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental protection works; Exhibition homes; Flood mitigation works; Group homes; Health consulting rooms; Home-based child care; Home businesses; Home industries; Information and education facilities; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Residential care facilities; Respite day care centres; Roads; Secondary dwellings; Shop top housing; Tank-based aquaculture
4   Prohibited
Any development not specified in item 2 or 3
Zone R3   Medium Density Residential
1   Objectives of zone
•  To provide for the housing needs of the community within a medium density residential environment.
•  To provide a variety of housing types within a medium density residential environment.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
•  To provide for a concentration of housing with access to services and facilities.
•  To enhance the essential character and identity of established residential areas.
•  To ensure that a high level of residential amenity is achieved and maintained.
•  To ensure that development reflects the desired future character and dwelling densities of the area.
2   Permitted without consent
Home occupations
3   Permitted with consent
Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home-based child care; Home businesses; Home industries; Information and education facilities; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Respite day care centres; Roads; Secondary dwellings; Semi-detached dwellings; Seniors housing; Shop top housing; Tank-based aquaculture
4   Prohibited
Any other development not specified in item 2 or 3
Zone R4   High Density Residential
1   Objectives of zone
•  To provide for the housing needs of the community within a high density residential environment.
•  To provide a variety of housing types within a high density residential environment.
•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.
•  To ensure that a high level of residential amenity is achieved and maintained.
•  To encourage the provision of affordable housing.
•  To ensure that development reflects the desired future character and dwelling densities of the area.
2   Permitted without consent
Home occupations
3   Permitted with consent
Boarding houses; Building identification signs; Business identification signs; Car parks; Centre-based child care facilities; Community facilities; Emergency services facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Home-based child care; Home businesses; Information and education facilities; Neighbourhood shops; Oyster aquaculture; Places of public worship; Recreation areas; Recreation facilities (indoor); Residential accommodation; Respite day care centres; Roads; Shop top housing
4   Prohibited
Rural workers’ dwellings; Any other development not specified in item 2 or 3
Zone R5   Large Lot Residential
1   Objectives of zone
•  To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.
•  To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.
•  To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.
•  To minimise conflict between land uses within this zone and land uses within adjoining zones.
•  To ensure development is of a scale and nature that is compatible with the environmental capabilities of the land.
2   Permitted without consent
Home occupations
3   Permitted with consent
Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Home-based child care; Home businesses; Home industries; Information and education facilities; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Residential care facilities; Respite day care centres; Roads; Schools; Secondary dwellings; Sewage treatment plants; Tank-based aquaculture; Tourist and visitor accommodation
4   Prohibited
Hotel or motel accommodation; Serviced apartments; Any other development not specified in item 2 or 3
Zone B1   Neighbourhood Centre
1   Objectives of zone
•  To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.
•  To provide retail facilities for the local community commensurate with the centre’s role in the local and regional retail hierarchy.
•  To create opportunities to improve the public domain and encourage the integration of centres with public transport and pedestrian networks.
•  To ensure that development reflects the desired future character and dwelling densities of the area.
2   Permitted without consent
Home occupations
3   Permitted with consent
Boarding houses; Building identification signs; Business identification signs; Business premises; Car parks; Centre-based child care facilities; Community facilities; Environmental protection works; Flood mitigation works; Food and drink premises; Health consulting rooms; Home businesses; Medical centres; Neighbourhood shops; Neighbourhood supermarkets; Oyster aquaculture; Respite day care centres; Roads; Shop top housing; Tank-based aquaculture
4   Prohibited
Pond-based aquaculture; Pubs; Small bars; Any other development not specified in item 2 or 3
Zone B2   Local Centre
1   Objectives of zone
•  To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.
•  To encourage employment opportunities in accessible locations.
•  To maximise public transport patronage and encourage walking and cycling.
•  To provide retail facilities for the local community commensurate with the centre’s role in the local and regional retail hierarchy.
•  To ensure that future housing does not detract from the economic and employment functions of a centre.
•  To ensure that development reflects the desired future character and dwelling densities of the area.
2   Permitted without consent
Home occupations
3   Permitted with consent
Boarding houses; Building identification signs; Business identification signs; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Flood mitigation works; Function centres; Home businesses; Home industries; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Service stations; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation
4   Prohibited
Pond-based aquaculture; Any other development not specified in item 2 or 3
Zone B3   Commercial Core
1   Objectives of zone
•  To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.
•  To encourage appropriate employment opportunities in accessible locations.
•  To maximise public transport patronage and encourage walking and cycling.
•  To strengthen the role of Penrith City Centre as the business, retail and cultural centre of the region.
2   Permitted without consent
Nil
3   Permitted with consent
Amusement centres; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Function centres; Helipads; Hotel or motel accommodation; Information and education facilities; Medical centres; Mortuaries; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Roads; Sex services premises; Signage; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals
4   Prohibited
Bed and breakfast accommodation; Farm stay accommodation; Pond-based aquaculture; Any other development not specified in item 2 or 3
Zone B4   Mixed Use
1   Objectives of zone
•  To provide a mixture of compatible land uses.
•  To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.
•  To minimise conflict between land uses within the zone and land uses within adjoining zones.
•  To create opportunities to improve public amenity.
•  To provide a wide range of retail, business, office, residential, community and other suitable land uses.
2   Permitted without consent
Home occupations
3   Permitted with consent
Amusement centres; Boarding houses; Car parks; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Function centres; Home-based child care; Home businesses; Hostels; Hotel or motel accommodation; Information and education facilities; Medical centres; Mortuaries; Multi dwelling housing; Oyster aquaculture; Passenger transport facilities; Places of public worship; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Residential accommodation; Residential flat buildings; Respite day care centres; Restricted premises; Roads; Seniors housing; Serviced apartments; Sex services premises; Shop top housing; Signage; Tank-based aquaculture; Veterinary hospitals
4   Prohibited
Pond-based aquaculture; Rural workers’ dwellings; Any other development not specified in item 2 or 3
Zone B5   Business Development
1   Objectives of zone
•  To enable a mix of business and warehouse uses, and specialised retail premises that require a large floor area, in locations that are close to, and that support the viability of, centres.
•  To maintain the economic strength of centres in Penrith by limiting the retailing of food, groceries and clothing.
2   Permitted without consent
Nil
3   Permitted with consent
Car parks; Centre-based child care facilities; Environmental protection works; Flood mitigation works; Food and drink premises; Function centres; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Industrial retail outlets; Landscaping material supplies; Light industries; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Recreation areas; Recreation facilities (indoor); Respite day care centres; Roads; Self-storage units; Signage; Specialised retail premises; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Warehouse or distribution centres
4   Prohibited
Pond-based aquaculture; Restaurants or cafes; Any other development not specified in item 2 or 3
Zone B6   Enterprise Corridor
1   Objectives of zone
•  To promote businesses along main roads and to encourage a mix of compatible uses.
•  To provide a range of employment uses (including business, office, retail and light industrial uses).
•  To maintain the economic strength of centres by limiting retailing activity.
2   Permitted without consent
Nil
3   Permitted with consent
Business premises; Community facilities; Environmental protection works; Flood mitigation works; Food and drink premises; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Landscaping material supplies; Light industries; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Plant nurseries; Recreation areas; Roads; Service stations; Signage; Tank-based aquaculture; Timber yards; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres
4   Prohibited
Pond-based aquaculture; Any other development not specified in item 2 or 3
Zone B7   Business Park
1   Objectives of zone
•  To provide a range of office and light industrial uses.
•  To encourage employment opportunities.
•  To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
•  To provide for a range of higher order job opportunities including health, cultural and high technology industries.
•  To provide for a range of development that relates to university activities, creative and cultural industries, and business incubators.
2   Permitted without consent
Nil
3   Permitted with consent
Business premises; Car parks; Centre-based child care facilities; Community facilities; Educational establishments; Environmental protection works; Flood mitigation works; Food and drink premises; Function centres; Garden centres; Hardware and building supplies; Health services facilities; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Information and education facilities; Kiosks; Light industries; Markets; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Recreation areas; Respite day care centres; Roads; Signage; Tank-based aquaculture; Warehouse or distribution centres
4   Prohibited
Pond-based aquaculture; Any other development not specified in item 2 or 3
Zone IN1   General Industrial
1   Objectives of zone
•  To provide a wide range of industrial and warehouse land uses.
•  To encourage employment opportunities.
•  To minimise any adverse effect of industry on other land uses.
•  To support and protect industrial land for industrial uses.
•  To promote development that makes efficient use of industrial land.
•  To permit facilities that serve the daily recreation and convenience needs of the people who work in the surrounding industrial area.
2   Permitted without consent
Nil
3   Permitted with consent
Animal boarding or training establishments; Boat building and repair facilities; Car parks; Depots; Environmental facilities; Environmental protection works; Flood mitigation works; Freight transport facilities; Garden centres; General industries; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Industries; Kiosks; Landscaping material supplies; Light industries; Neighbourhood shops; Places of public worship; Plant nurseries; Oyster aquaculture; Recreation areas; Roads; Rural industries; Self-storage units; Signage; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Warehouse or distribution centres
4   Prohibited
Hazardous industries; Offensive industries; Pond-based aquaculture; Any other development not specified in item 2 or 3
Zone IN2   Light Industrial
1   Objectives of zone
•  To provide a wide range of light industrial, warehouse and related land uses.
•  To encourage employment opportunities and to support the viability of centres.
•  To minimise any adverse effect of industry on other land uses.
•  To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.
•  To support and protect industrial land for industrial uses.
•  To promote development that makes efficient use of industrial land.
•  To limit the impact of industrial development on adjacent residential areas, in terms of its built form, scale, acoustic and visual privacy and air quality.
2   Permitted without consent
Nil
3   Permitted with consent
Amusement centres; Car parks; Centre-based child care facilities; Community facilities; Crematoria; Depots; Educational establishments; Electricity generating works; Environmental facilities; Environmental protection works; Flood mitigation works; Function centres; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Industrial retail outlets; Industrial training facilities; Kiosks; Landscaping material supplies; Light industries; Medical centres; Neighbourhood shops; Oyster aquaculture; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Resource recovery facilities; Respite day care centres; Roads; Self-storage units; Service stations; Signage; Take away food and drink premises; Tank-based aquaculture; Timber yards; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Waste or resource transfer stations
4   Prohibited
Pond-based aquaculture; Schools; Any other development not specified in item 2 or 3
Zone SP1   Special Activities
1   Objectives of zone
•  To provide for special land uses that are not provided for in other zones.
•  To provide for sites with special natural characteristics that are not provided for in other zones.
•  To facilitate development that is in keeping with the special characteristics of the site or its existing or intended special use, and that minimises any adverse impacts on surrounding land.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose
4   Prohibited
Any development not specified in item 2 or 3
Zone SP2   Infrastructure
1   Objectives of zone
•  To provide for infrastructure and related uses.
•  To prevent development that is not compatible with or that may detract from the provision of infrastructure.
2   Permitted without consent
Nil
3   Permitted with consent
The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose; Aquaculture; Environmental protection works; Flood mitigation works; Roads
4   Prohibited
Any development not specified in item 2 or 3
Zone SP3   Tourist
1   Objectives of zone
•  To provide for a variety of tourist-oriented development and related uses.
•  To provide for diverse tourist and visitor accommodation and activities that are compatible with the promotion of tourism in Penrith.
•  To create an appropriate scale that maintains important views to and from the Nepean River as well as to the Blue Mountains escarpment, while also improving important connections to the Penrith City Centre and the Nepean River.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Amusement centres; Boat launching ramps; Boat sheds; Car parks; Charter and tourism boating facilities; Community facilities; Educational establishments; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Food and drink premises; Function centres; Helipads; Health services facilities; Information and education facilities; Jetties; Kiosks; Markets; Neighbourhood shops; Passenger transport facilities; Places of public worship; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Roads; Service stations; Signage; Tourist and visitor accommodation; Water recreation structures
4   Prohibited
Any development not specified in item 2 or 3
Zone RE1   Public Recreation
1   Objectives of zone
•  To enable land to be used for public open space or recreational purposes.
•  To provide a range of recreational settings and activities and compatible land uses.
•  To protect and enhance the natural environment for recreational purposes.
•  To ensure that development is secondary and complementary to the use of land as public open space, and enhances public use, and access to, the open space.
•  To provide land for the development of services and facilities by public authorities for the benefit of the community.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Car parks; Charter and tourism boating facilities; Centre-based child care facilities; Community facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Function centres; Information and education facilities; Jetties; Kiosks; Markets; Moorings; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Respite day care centres; Restaurants or cafes; Roads; Water recreation structures; Water storage facilities
4   Prohibited
Any other development not specified in item 2 or 3
Zone RE2   Private Recreation
1   Objectives of zone
•  To enable land to be used for private open space or recreational purposes.
•  To provide a range of recreational settings and activities and compatible land uses.
•  To protect and enhance the natural environment for recreational purposes.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Building identification signs; Caravan parks; Centre-based child care facilities; Community facilities; Environmental facilities; Environmental protection works; Function centres; Hotel or motel accommodation; Information and education facilities; Kiosks; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Restaurants or cafes; Roads
4   Prohibited
Any development not specified in item 2 or 3
Zone C1   National Parks and Nature Reserves
1   Objectives of zone
•  To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.
•  To enable uses authorised under the National Parks and Wildlife Act 1974.
•  To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.
2   Permitted without consent
Uses authorised under the National Parks and Wildlife Act 1974
3   Permitted with consent
Nil
4   Prohibited
Any development not specified in item 2 or 3
Zone C2   Environmental Conservation
1   Objectives of zone
•  To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
•  To prevent development that could destroy, damage or otherwise have an adverse effect on those values.
•  To protect, manage, restore and enhance the ecology, hydrology and scenic values of riparian corridors and waterways, wetlands, groundwater resources, biodiversity corridors, areas of remnant indigenous vegetation and dependent ecosystems.
•  To allow for low impact passive recreational and ancillary land uses that are consistent with the retention of the natural ecological significance.
2   Permitted without consent
Nil
3   Permitted with consent
Environmental facilities; Environmental protection works; Flood mitigation works; Oyster aquaculture; Recreation areas; Roads
4   Prohibited
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Pond-based aquaculture; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Tank-based aquaculture; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone C3   Environmental Management
1   Objectives of zone
•  To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.
•  To provide for a limited range of development that does not have an adverse effect on those values.
•  To minimise conflict between land uses within the zone and land uses within adjoining zones.
•  To ensure development is compatible with the environmental capabilities of the land and does not unreasonably increase the demand for public services or public facilities.
•  To preserve and improve natural resources through appropriate land management practices.
2   Permitted without consent
Extensive agriculture; Home occupations
3   Permitted with consent
Animal boarding or training establishments; Building identification signs; Business identification signs; Cellar door premises; Cemeteries; Community facilities; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Farm buildings; Flood mitigation works; Funeral homes; Home-based child care; Home businesses; Home industries; Information and education facilities; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Roads; Roadside stalls; Rural supplies; Secondary dwellings; Tank-based aquaculture; Tourist and visitor accommodation; Veterinary hospitals
4   Prohibited
Aquaculture; Hotel or motel accommodation; Industries; Intensive livestock agriculture; Local distribution premises; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Serviced apartments; Turf farming; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone C4   Environmental Living
1   Objectives of zone
•  To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.
•  To ensure that residential development does not have an adverse effect on those values.
•  To minimise conflict between land uses within the zone and land uses within adjoining zones.
•  To ensure land uses are compatible with the available infrastructure, services and facilities and with the environmental capabilities of the land.
•  To preserve and improve natural resources through appropriate land management practices.
2   Permitted without consent
Home occupations
3   Permitted with consent
Bed and breakfast accommodation; Building identification signs; Business identification signs; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Home-based child care; Home businesses; Home industries; Information and education facilities; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Respite day care centres; Roads; Schools; Secondary dwellings; Tank-based aquaculture
4   Prohibited
Industries; Local distribution premises; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone W1   Natural Waterways
1   Objectives of zone
•  To protect the ecological and scenic values of natural waterways.
•  To prevent development that would have an adverse effect on the natural values of waterways in this zone.
•  To provide for sustainable fishing industries and recreational fishing.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Environmental facilities; Environmental protection works; Flood mitigation works
4   Prohibited
Business premises; Hotel or motel accommodation; Industries; Local distribution premises; Multi dwelling housing; Recreation facilities (major); Residential flat buildings; Restricted premises; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Zone W2   Recreational Waterways
1   Objectives of zone
•  To protect the ecological, scenic and recreation values of recreational waterways.
•  To allow for water-based recreation and related uses.
•  To provide for sustainable fishing industries and recreational fishing.
2   Permitted without consent
Nil
3   Permitted with consent
Aquaculture; Boat sheds; Charter and tourism boating facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Jetties; Kiosks; Marinas; Mooring pens; Recreation areas; Recreation facilities (outdoor); Water recreation structures
4   Prohibited
Industries; Local distribution premises; Multi dwelling housing; Residential flat buildings; Seniors housing; Warehouse or distribution centres; Any other development not specified in item 2 or 3
Part 3 Exempt and complying development
3.1   Exempt development
(1)  The objective of this clause is to identify development of minimal environmental impact as exempt development.
(2)  Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.
(3)  To be exempt development, the development—
(a)  must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and
(b)  must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and
(c)  must not be designated development, and
(d)  must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.
(4)  Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—
(a)  the building has a current fire safety certificate or fire safety statement, or
(b)  no fire safety measures are currently implemented, required or proposed for the building.
(5)  To be exempt development, the development must—
(a)  be installed in accordance with the manufacturer’s specifications, if applicable, and
(b)  not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.
(6)  A heading to an item in Schedule 2 is part of that Schedule.
3.2   Complying development
(1)  The objective of this clause is to identify development as complying development.
(2)  Development specified in Part 1 of Schedule 3 that is carried out in compliance with—
(a)  the development standards specified in relation to that development, and
(b)  the requirements of this Part,
is complying development.
Note—
See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances.
(3)  To be complying development, the development must—
(a)  be permissible, with development consent, in the zone in which it is carried out, and
(b)  meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(c)  have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.
(4)  A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.
(5)  A heading to an item in Schedule 3 is part of that Schedule.
3.3   Environmentally sensitive areas excluded
(1)  Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.
(2)  For the purposes of this clause—
environmentally sensitive area for exempt or complying development means any of the following—
(a)  the coastal waters of the State,
(b)  a coastal lake,
(c)  land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),
(d)  land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,
(e)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f)  land within 100 metres of land to which paragraph (c), (d) or (e) applies,
(g)  land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h)  land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,
(i)  land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j)  land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994,
(ja)  land in Zone E1 National Parks and Nature Reserves, Zone E2 Environmental Conservation, Zone W1 Natural Waterways or Zone W2 Recreational Waterways,
(jb)  land shown as “Natural Resources sensitive land” on the Natural Resources Sensitivity Land Map,
(jc)  land that is, or adjoins, the Hawkesbury-Nepean River,
(jd)  land that is part of or adjoins—
(i)  a Riverine Scenic Area under State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 6, or
(ii)  a Hawkesbury-Nepean conservation area sub-catchment under State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 6.
cl 3.3: Am 2011 (363), Sch 16 [22]; 2022 (72), Sch 1.37; 2022 (629), Sch 3.5[1].
Part 4 Principal development standards
4.1   Minimum subdivision lot size
(1)  The objectives of this clause are as follows—
(a)  to ensure that lot sizes are compatible with the environmental capabilities of the land being subdivided,
(b)  to minimise any likely impact of subdivision and development on the amenity of neighbouring properties,
(c)  to ensure that lot sizes and dimensions allow developments to be sited to protect natural or cultural features including heritage items and retain special features such as trees and views,
(d)  to regulate the density of development and ensure that there is not an unreasonable increase in the demand for public services or public facilities,
(e)  to ensure that lot sizes and dimensions are able to accommodate development consistent with relevant development controls.
(2)  This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.
(3)  The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  This clause does not apply in relation to the subdivision of any land—
(a)  by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or
(b)  by any kind of subdivision under the Community Land Development Act 2021.
(4A)  Despite subclause (3), development consent must not be granted for the subdivision of land in Zone R2 Low Density Residential unless each lot to be created by the subdivision would have—
(a)  if it is a standard lot—a minimum width of 15 metres, or
(b)  if it is a battle-axe lot—a minimum width of 15 metres and a minimum area of 650 square metres.
(4B)  Despite subclause (3), development consent must not be granted for the subdivision of land in Zone R3 Medium Density Residential unless each lot to be created by the subdivision would have—
(a)  if it is a standard lot—a minimum width of 12 metres, or
(b)  if it is a battle-axe lot—a minimum width of 15 metres and a minimum area of 450 square metres.
(4C)  For the purposes of this clause, if a lot is a battle-axe lot or other lot with an access handle, the area of the access handle is not to be included in calculating the lot size.
cl 4.1: Am 2015 (21), Sch 1 [32].
4.1A   Minimum lot sizes for dual occupancies, multi dwelling housing and residential flat buildings
(1)  The objective of this clause is to achieve planned residential density in certain zones.
(2)  Development consent may be granted to development on a lot in a zone shown in Column 2 of the Table to this clause for a purpose shown in Column 1 of the Table opposite that zone, if the area of the lot is equal to or greater than the area specified for that purpose and shown in Column 3 of the Table.
Column 1
Column 2
Column 3
Dual occupancy (attached)
Zone R2 Low Density Residential
650 square metres
Dual occupancy (attached)
Zone R3 Medium Density Residential
550 square metres for a standard lot
Dual occupancy (attached)
Zone R3 Medium Density Residential
600 square metres for a battle-axe lot
Dual occupancy (detached)
Zone R2 Low Density Residential
750 square metres
Dual occupancy (detached)
Zone R3 Medium Density Residential
650 square metres for a standard lot
Dual occupancy (detached)
Zone R3 Medium Density Residential
700 square metres for a battle-axe lot
Multi dwelling housing
Zone R3 Medium Density Residential; Zone R4 High Density Residential
1200 square metres
Residential flat building
Zone R4 High Density Residential
800 square metres for a standard lot
Residential flat building
Zone R4 High Density Residential
900 square metres for a battle-axe lot
(3)  Despite any other provision of this Plan, the consent authority must not grant development consent to a dual occupancy on a battle-axe lot on land in Zone R2 Low Density Residential.
cl 4.1A: Ins 2014 (277), Sch 1 [4]. Subst 2015 (21), Sch 1 [33]. Am 2021 (153), Sch 1[4].
4.1AA   Minimum subdivision lot size for community title schemes
(1)  The objectives of this clause are as follows—
(a)  to ensure that subdivisions under community title schemes maintain minimum lot sizes,
(b)  to ensure that lot sizes are compatible with the environmental capabilities of the land, and the character and density of development in the area,
(c)  to ensure that lot sizes and dimensions allow development to be sited to protect natural or cultural features and to have a minimal impact on the amenity of neighbouring properties.
(2)  This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 2021 of land in any of the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone RU5 Village,
(e)  Zone R5 Large Lot Residential,
(f)  Zone E2 Environmental Conservation,
(g)  Zone E3 Environmental Management,
(h)  Zone E4 Environmental Living,
but does not apply to a subdivision by the registration of a strata plan.
(3)  The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 2021) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  This clause applies despite clause 4.1.
cl 4.1AA: Ins 2011 (363), Sch 16 [23]. Subst 2012 (376), Sch 1 [1].
4.1AB   Minimum subdivision lot size for strata plan schemes in certain rural, residential and environment protection zones
(1)  The objectives of this clause are as follows—
(a)  to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements,
(b)  to ensure that subdivisions under strata plan schemes maintain minimum lot sizes,
(c)  to ensure that lot sizes are compatible with the environmental capabilities of the land, and the character and density of development in the area,
(d)  to ensure that lot sizes and dimensions allow development to be sited to protect natural or cultural features and to have a minimal impact on the amenity of neighbouring properties.
(2)  This clause applies to land in the following zones that is used, or is proposed to be used, for residential accommodation or tourist and visitor accommodation—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone RU5 Village,
(e)  Zone R5 Large Lot Residential,
(f)  Zone E2 Environmental Conservation,
(g)  Zone E3 Environmental Management,
(h)  Zone E4 Environmental Living.
(3)  The size of any lot resulting from a subdivision of land to which this clause applies for a strata plan scheme (other than any lot comprising common property within the meaning of the Strata Schemes (Freehold Development) Act 1973 or Strata Schemes (Leasehold Development) Act 1986) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.
Note—
Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that strata subdivision of a building in certain circumstances is specified complying development.
cl 4.1AB: Ins 2015 (21), Sch 1 [34].
4.2   Rural subdivision
(1)  The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.
(2)  This clause applies to the following rural zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(baa)  Zone RU3 Forestry,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone RU6 Transition.
(3)  Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.
(4)  However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.
(5)  A dwelling cannot be erected on such a lot.
Note—
A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).
4.2A   Residential development and subdivision prohibited in certain rural, residential and environment protection zones
(1)  The objective of this clause is to prohibit development that is residential accommodation on a lot resulting from the closure of a road.
(2)  This clause applies to land in the following zones—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone RU5 Village,
(e)  Zone R5 Large Lot Residential,
(f)  Zone E3 Environmental Management,
(g)  Zone E4 Environmental Living.
(3)  Development consent must not be granted for the erection of a dwelling house on a lot resulting from the closure of part or all of a road, whether before or after the commencement of this Plan.
(4)  Subclause (3) does not apply to a lot created by the consolidation of a lot resulting from a road closure with an adjoining lot that did not result from the closure of a road.
cl 4.2A: Ins 2015 (21), Sch 1 [35].
4.3   Height of buildings
(1)  The objectives of this clause are as follows—
(a)  to ensure that buildings are compatible with the height, bulk and scale of the existing and desired future character of the locality,
(b)  to minimise visual impact, disruption of views, loss of privacy and loss of solar access to existing development and to public areas, including parks, streets and lanes,
(c)  to minimise the adverse impact of development on heritage items, heritage conservation areas and areas of scenic or visual importance,
(d)  to nominate heights that will provide a high quality urban form for all buildings and a transition in built form and land use intensity.
(2)  The height of a building on any land is not to exceed the maximum height shown for the land on the Height of Buildings Map.
cl 4.3: Am 2015 (21), Sch 1 [36].
4.4   Floor space ratio
(1)  The objectives of this clause are as follows—
(a)  to ensure that buildings are compatible with the bulk and scale of the existing and desired future character of the locality,
(b)  to minimise the adverse impact of development on heritage conservation areas and heritage items,
(c)  to regulate density of development and generation of vehicular and pedestrian traffic,
(d)  to provide sufficient floor space for high quality development.
(2)  The maximum floor space ratio for a building on any land is not to exceed the floor space ratio shown for the land on the Floor Space Ratio Map.
cl 4.4: Am 2015 (21), Sch 1 [37].
4.5   Calculation of floor space ratio and site area
(1) Objectives The objectives of this clause are as follows—
(a)  to define floor space ratio,
(b)  to set out rules for the calculation of the site area of development for the purpose of applying permitted floor space ratios, including rules to—
(i)  prevent the inclusion in the site area of an area that has no significant development being carried out on it, and
(ii)  prevent the inclusion in the site area of an area that has already been included as part of a site area to maximise floor space area in another building, and
(iii)  require community land and public places to be dealt with separately.
(2) Definition of “floor space ratio” The floor space ratio of buildings on a site is the ratio of the gross floor area of all buildings within the site to the site area.
(3) Site area In determining the site area of proposed development for the purpose of applying a floor space ratio, the site area is taken to be—
(a)  if the proposed development is to be carried out on only one lot, the area of that lot, or
(b)  if the proposed development is to be carried out on 2 or more lots, the area of any lot on which the development is proposed to be carried out that has at least one common boundary with another lot on which the development is being carried out.
In addition, subclauses (4)–(7) apply to the calculation of site area for the purposes of applying a floor space ratio to proposed development.
(4) Exclusions from site area The following land must be excluded from the site area—
(a)  land on which the proposed development is prohibited, whether under this Plan or any other law,
(b)  community land or a public place (except as provided by subclause (7)).
(5) Strata subdivisions The area of a lot that is wholly or partly on top of another or others in a strata subdivision is to be included in the calculation of the site area only to the extent that it does not overlap with another lot already included in the site area calculation.
(6) Only significant development to be included The site area for proposed development must not include a lot additional to a lot or lots on which the development is being carried out unless the proposed development includes significant development on that additional lot.
(7) Certain public land to be separately considered For the purpose of applying a floor space ratio to any proposed development on, above or below community land or a public place, the site area must only include an area that is on, above or below that community land or public place, and is occupied or physically affected by the proposed development, and may not include any other area on which the proposed development is to be carried out.
(8) Existing buildings The gross floor area of any existing or proposed buildings within the vertical projection (above or below ground) of the boundaries of a site is to be included in the calculation of the total floor space for the purposes of applying a floor space ratio, whether or not the proposed development relates to all of the buildings.
(9) Covenants to prevent “double dipping” When development consent is granted to development on a site comprised of 2 or more lots, a condition of the consent may require a covenant to be registered that prevents the creation of floor area on a lot (the restricted lot) if the consent authority is satisfied that an equivalent quantity of floor area will be created on another lot only because the site included the restricted lot.
(10) Covenants affect consolidated sites If—
(a)  a covenant of the kind referred to in subclause (9) applies to any land (affected land), and
(b)  proposed development relates to the affected land and other land that together comprise the site of the proposed development,
the maximum amount of floor area allowed on the other land by the floor space ratio fixed for the site by this Plan is reduced by the quantity of floor space area the covenant prevents being created on the affected land.
(11) Definition In this clause, public place has the same meaning as it has in the Local Government Act 1993.
4.6   Exceptions to development standards
(1)  The objectives of this clause are as follows—
(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development,
(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.
(2)  Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.
(3)  Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating—
(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and
(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.
(4)  Development consent must not be granted for development that contravenes a development standard unless—
(a)  the consent authority is satisfied that—
(i)  the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and
(ii)  the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and
(b)  the concurrence of the Planning Secretary has been obtained.
(5)  In deciding whether to grant concurrence, the Planning Secretary must consider—
(a)  whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and
(b)  the public benefit of maintaining the development standard, and
(c)  any other matters required to be taken into consideration by the Planning Secretary before granting concurrence.
(6)  Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone C4 Environmental Living if—
(a)  the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or
(b)  the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.
Note—
When this Plan was made it did not include Zone RU3 Forestry or Zone RU6 Transition.
(7)  After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).
(8)  This clause does not allow development consent to be granted for development that would contravene any of the following—
(a)  a development standard for complying development,
(b)  a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,
(c)  clause 5.4,
(caa)  clause 5.5,
(ca)  clause 6.1, 6.2, 6.6, 6.7, 6.16, 7.7, 7.17, 7.21, 8.4(5) or Part 9.
cl 4.6: Am 2011 (363), Sch 16 [24]; 2013 (318), Sch 1 [3]; 2015 (21), Sch 1 [38]; 2016 (650), Sch 1 [1]; 2021 (153), Sch 1[5]; 2022 (112), Sch 2.2[1].
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 “Local road”
Council
Zone C1 National Parks and Nature Reserves and marked “National Park”
Minister administering the National Parks and Wildlife Act 1974
Zone E2 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.
5.2   Classification and reclassification of public land
(1)  The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.
Note—
Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads and certain Crown land). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.
(2)  The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.
(3)  The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.
(4)  The public land described in Part 1 of Schedule 4—
(a)  does not cease to be a public reserve to the extent (if any) that it is a public reserve, and
(b)  continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.
(5)  The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except—
(a)  those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and
(b)  any reservations that except land out of the Crown grant relating to the land, and
(c)  reservations of minerals (within the meaning of the Crown Land Management Act 2016).
Note—
In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.
5.3   Development near zone boundaries
(1)  The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.
(2)  This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 20 metres.
(3)  This clause does not apply to—
(a)  land in Zone RE1 Public Recreation, Zone C1 National Parks and Nature Reserves, Zone C2 Environmental Conservation, Zone C3 Environmental Management or Zone W1 Natural Waterways, or
(b)  land within the coastal zone, or
(c)  land proposed to be developed for the purpose of sex services or restricted premises, or
(ca)  land in Zone B4 Mixed Use.
(4)  Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—
(a)  the development is not inconsistent with the objectives for development in both zones, and
(b)  the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.
(5)  This clause does not prescribe a development standard that may be varied under this Plan.
cl 5.3: Am 2011 (363), Sch 16 [25].
5.4   Controls relating to miscellaneous permissible uses
(1) Bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms.
Note—
Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.
(2) Home businesses If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 30 square metres of floor area.
(3) Home industries If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 50 square metres of floor area.
(4) Industrial retail outlets If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed—
(a)  25% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or
(b)  400 square metres,
whichever is the lesser.
(5) Farm stay accommodation If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 3 bedrooms in buildings.
(6) Kiosks If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 50 square metres.
(7) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 200 square metres.
(7AA) Neighbourhood supermarkets If development for the purposes of a neighbourhood supermarket is permitted under this Plan, the gross floor area must not exceed 1,000 square metres.
(8) Roadside stalls If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 20 square metres.
(9) Secondary dwellings on land other than land in a rural zone If development for the purposes of a secondary dwelling is permitted under this Plan on land other than land in a rural zone, the total floor area of the dwelling, excluding any area used for parking, must not exceed whichever of the following is the greater—
(a)  60 square metres,
(b)  10% of the total floor area of the principal dwelling.
(10) Artisan food and drink industry exclusion If development for the purposes of an artisan food and drink industry is permitted under this Plan in Zone E3 Productivity Support, Zone E4 General Industrial, Zone E5 Heavy Industrial, Zone W4 Working Waterfront or an industrial or rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—
(a)  25% of the gross floor area of the industry, or
(b)  400 square metres,
whichever is the lesser.
cl 5.4: Am 2011 (363), Sch 16 [26]–[28]; 2015 (21), Sch 1 [39] [40]; 2018 (406), Sch 1.108 [1] [2].
5.5   Controls relating to secondary dwellings on land in a rural zone
If development for the purposes of a secondary dwelling is permitted under this Plan on land in a rural zone—
(a)  the total floor area of the dwelling, excluding any area used for parking, must not exceed whichever of the following is the greater—
(i)  60 square metres,
(ii)  10% of the total floor area of the principal dwelling, and
(b)  [Not adopted]
cl 5.5: Subst 2021 (714), Sch 11.32.
5.6   Architectural roof features
(1)  The objectives of this clause are as follows—
(a)  to ensure that architectural roof features to which this clause applies are decorative elements only,
(b)  to ensure that the majority of the roof features are contained within the prescribed building heights.
(2)  Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by clause 4.3 may be carried out, but only with development consent.
(3)  Development consent must not be granted to any such development unless the consent authority is satisfied that—
(a)  the architectural roof feature—
(i)  comprises a decorative element on the uppermost portion of a building, and
(ii)  is not an advertising structure, and
(iii)  does not include floor space area and is not reasonably capable of modification to include floor space area, and
(iv)  will cause minimal overshadowing, and
(b)  any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.
cl 5.6: Am 2015 (21), Sch 1 [41].
5.7   Development below mean high water mark
[Not applicable]
5.8   Conversion of fire alarms
(1)  This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.
(2)  The following development may be carried out, but only with development consent—
(a)  converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,
(b)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,
(c)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.
(3)  Development to which subclause (2) applies is complying development if it consists only of—
(a)  internal alterations to a building, or
(b)  internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.
(4)  A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.
(5)  In this clause—
private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.
5.9   Dwelling house or secondary dwelling affected by natural disaster
[Not adopted]
cl 5.9: Am 2011 (363), Sch 16 [29].
5.9AA   (Repealed)
5.10   Heritage conservation
Note—
Heritage items (if any) are listed and described in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 5.
(1) Objectives The objectives of this clause are as follows—
(a)  to conserve the environmental heritage of Penrith,
(b)  to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,
(c)  to conserve archaeological sites,
(d)  to conserve Aboriginal objects and Aboriginal places of heritage significance.
(2) Requirement for consent Development consent is required for any of the following—
(a)  demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance)—
(i)  a heritage item,
(ii)  an Aboriginal object,
(iii)  a building, work, relic or tree within a heritage conservation area,
(b)  altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,
(c)  disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,
(d)  disturbing or excavating an Aboriginal place of heritage significance,
(e)  erecting a building on land—
(i)  on which a heritage item is located or that is within a heritage conservation area, or
(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,
(f)  subdividing land—
(i)  on which a heritage item is located or that is within a heritage conservation area, or
(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.
(3) When consent not required However, development consent under this clause is not required if—
(a)  the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—
(i)  is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and
(ii)  would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or
(b)  the development is in a cemetery or burial ground and the proposed development—
(i)  is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and
(ii)  would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or
(c)  the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or
(d)  the development is exempt development.
(4) Effect of proposed development on heritage significance The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).
(5) Heritage assessment The consent authority may, before granting consent to any development—
(a)  on land on which a heritage item is located, or
(b)  on land that is within a heritage conservation area, or
(c)  on land that is within the vicinity of land referred to in paragraph (a) or (b),
require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.
(6) Heritage conservation management plans The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.
(7) Archaeological sites The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies)—
(a)  notify the Heritage Council of its intention to grant consent, and
(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
(8) Aboriginal places of heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance—
(a)  consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and
(b)  notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.
(9) Demolition of nominated State heritage items The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item—
(a)  notify the Heritage Council about the application, and
(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.
(10) Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that—
(a)  the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and
(b)  the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and
(c)  the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and
(d)  the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and
(e)  the proposed development would not have any significant adverse effect on the amenity of the surrounding area.
5.11   Bush fire hazard reduction
Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent.
Note—
The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.
5.12   Infrastructure development and use of existing buildings of the Crown
(1)  This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Transport and Infrastructure) 2021, Chapter 2.
(2)  This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.
5.13   Eco-tourist facilities
(1)  The objectives of this clause are as follows—
(a)  to maintain the environmental and cultural values of land on which development for the purposes of eco-tourist facilities is carried out,
(b)  to provide for sensitively designed and managed eco-tourist facilities that have minimal impact on the environment both on and off-site.
(2)  This clause applies if development for the purposes of an eco-tourist facility is permitted with development consent under this Plan.
(3)  The consent authority must not grant consent under this Plan to carry out development for the purposes of an eco-tourist facility unless the consent authority is satisfied that—
(a)  there is a demonstrated connection between the development and the ecological, environmental and cultural values of the site or area, and
(b)  the development will be located, constructed, managed and maintained so as to minimise any impact on, and to conserve, the natural environment, and
(c)  the development will enhance an appreciation of the environmental and cultural values of the site or area, and
(d)  the development will promote positive environmental outcomes and any impact on watercourses, soil quality, heritage and native flora and fauna will be minimal, and
(e)  the site will be maintained (or regenerated where necessary) to ensure the continued protection of natural resources and enhancement of the natural environment, and
(f)  waste generation during construction and operation will be avoided and that any waste will be appropriately removed, and
(g)  the development will be located to avoid visibility above ridgelines and against escarpments and from watercourses and that any visual intrusion will be minimised through the choice of design, colours, materials and landscaping with local native flora, and
(h)  any infrastructure services to the site will be provided without significant modification to the environment, and
(i)  any power and water to the site will, where possible, be provided through the use of passive heating and cooling, renewable energy sources and water efficient design, and
(j)  the development will not adversely affect the agricultural productivity of adjoining land, and
(k)  the following matters are addressed or provided for in a management strategy for minimising any impact on the natural environment—
(i)  measures to remove any threat of serious or irreversible environmental damage,
(ii)  the maintenance (or regeneration where necessary) of habitats,
(iii)  efficient and minimal energy and water use and waste output,
(iv)  mechanisms for monitoring and reviewing the effect of the development on the natural environment,
(v)  maintaining improvements on an on-going basis in accordance with relevant ISO 14000 standards relating to management and quality control.
cl 5.13: Ins 2011 (363), Sch 16 [30]. Subst 2015 (21), Sch 1 [42].
5.14   Siding Spring Observatory—maintaining dark sky
[Not adopted]
5.15   Defence communications facility
[Not adopted]
5.16   Subdivision of, or dwellings on, land in certain rural, residential or conservation zones
[Not applicable]
5.17   Artificial waterbodies in environmentally sensitive areas in areas of operation of irrigation corporations
[Not applicable]
5.18   Intensive livestock agriculture
(1)  The objectives of this clause are—
(a)  to ensure appropriate environmental assessment of development for the purpose of intensive livestock agriculture that is permitted with consent under this Plan, and
(b)  to provide for certain capacity thresholds below which development consent is not required for that development subject to certain restrictions as to location.
(2)  This clause applies if development for the purpose of intensive livestock agriculture is permitted with consent under this Plan.
(3)  In determining whether or not to grant development consent under this Plan to development for the purpose of intensive livestock agriculture, the consent authority must take the following into consideration—
(a)  the adequacy of the information provided in the statement of environmental effects or (if the development is designated development) the environmental impact statement accompanying the development application,
(b)  the potential for odours to adversely impact on the amenity of residences or other land uses within the vicinity of the site,
(c)  the potential for the pollution of surface water and ground water,
(d)  the potential for the degradation of soils,
(e)  the measures proposed to mitigate any potential adverse impacts,
(f)  the suitability of the site in the circumstances,
(g)  whether the applicant has indicated an intention to comply with relevant industry codes of practice for the health and welfare of animals,
(h)  the consistency of the proposal with, and any reasons for departing from, the environmental planning and assessment aspects of any guidelines for the establishment and operation of relevant types of intensive livestock agriculture published, and made available to the consent authority, by the Department of Primary Industries (within the Department of Industry) and approved by the Planning Secretary.
(4)  Despite any other provision of this Plan, development for the purpose of intensive livestock agriculture may be carried out without development consent if—
(a)  the development is of a type specified in subclause (5), and
(b)  the consent authority is satisfied that the development will not be located—
(i)  in an environmentally sensitive area, or
(ii)  within 100 metres of a natural watercourse, or
(iii)  in a drinking water catchment, or
(iv)  within 500 metres of any dwelling that is not associated with the development, or a residential zone, or
(v)  for a poultry farm used for breeding poultry—within 5km of another poultry farm, or
(vi)  for a poultry farm not used for breeding poultry—
(A)  within 5km of a poultry farm used for breeding poultry, or
(B)  within 1km of a poultry farm not used for breeding poultry, or
(vii)  for a pig farm—within 3km of another pig farm.
(5)  The following types of development are specified for the purposes of subclause (4)—
(a)  a cattle feedlot having a capacity to accommodate fewer than 50 head of cattle,
(b)  a goat feedlot having a capacity to accommodate fewer than 200 goats,
(c)  a sheep feedlot having a capacity to accommodate fewer than 200 sheep,
(d)  a pig farm having a capacity to accommodate fewer than 20 breeding sows, or fewer than 200 pigs (of which fewer than 20 may be breeding sows),
(e)  a dairy (restricted) having a capacity to accommodate fewer than 50 dairy cows,
(f)  a poultry farm having a capacity to accommodate fewer than 1,000 birds for meat or egg production (or both).
(6)  For the avoidance of doubt, subclause (4) does not apply to development that is prohibited or that may be carried out without development consent under this or any other environmental planning instrument.
(7)  In this clause—
environmentally sensitive area has the same meaning as in clause 1.5 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
residential zone means Zone RU4 Primary Production Small Lots, Zone RU5 Village, Zone RU6 Transition, 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 B4 Mixed Use, Zone B6 Enterprise Corridor, Zone C3 Environmental Management or Zone C4 Environmental Living.
5.19   Pond-based, tank-based and oyster aquaculture
(1) Objectives The objectives of this clause are as follows—
(a)  to encourage sustainable oyster, pond-based and tank-based aquaculture in the State, namely, aquaculture development that uses, conserves and enhances the community’s resources so that the total quality of life now and in the future can be preserved and enhanced,
(b)  to set out the minimum site location and operational requirements for permissible pond-based and tank-based aquaculture development.
(2) Pond-based or tank-based aquaculture—matters of which consent authority must be satisfied before granting consent The consent authority must not grant development consent to carry out development for the purpose of pond-based aquaculture or tank-based aquaculture unless the consent authority is satisfied of the following—
(a)  that the development complies with the site location and operational requirements set out in Part 1 of Schedule 6 for the development,
(b)  in the case of—
(i)  pond-based aquaculture in Zone RU5 Village, Zone RU6 Transition, 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 E5 Heavy Industrial or Zone MU1 Mixed Use—that the development is for the purpose of small scale aquarium fish production, and
(ii)  pond-based aquaculture in Zone C3 Environmental Management or Zone C4 Environmental Living—that the development is for the purpose of extensive aquaculture, and
(iii)  tank-based aquaculture in 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 C3 Environmental Management or Zone C4 Environmental Living—that the development is for the purpose of small scale aquarium fish production, and
(iv)  pond-based aquaculture or tank-based aquaculture in Zone W1 Natural Waterways, Zone W2 Recreational Waterways or Zone W3 Working Waterways—that the development will use waterways to source water.
(3)  The requirements set out in Part 1 of Schedule 6 are minimum requirements and do not limit the matters a consent authority is required to take into consideration under the Act or the conditions that it may impose on any development consent.
(4) Extensive pond-based aquaculture permitted without consent in certain zones Development for the purpose of pond-based aquaculture, that is also extensive aquaculture, may be carried out without development consent if—
(a)  the development is carried out in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU6 Transition, and
(b)  the development complies with the site location requirements and operational requirements set out in Part 2 of Schedule 6.
(5) Oyster aquaculture—additional matters that consent authority must consider in determining a development application In determining a development application for development for the purpose of oyster aquaculture, the consent authority must consider—
(a)  any provisions of any aquaculture industry development plan that are relevant to the subject of the development application, and
(b)  the NSW Oyster Industry Sustainable Aquaculture Strategy.
(6) Oyster aquaculture permitted without consent in priority oyster aquaculture areas Development for the purpose of oyster aquaculture may be carried out without development consent—
(a)  on land that is wholly within a priority oyster aquaculture area, or
(b)  on land that is partly within and partly outside a priority oyster aquaculture area, but only if the land outside the area is no more than 0.1 hectare in area.
(7) Definitions In this clause—
aquaculture industry development plan means an aquaculture industry development plan published under Part 6 of the Fisheries Management Act 1994.
extensive aquaculture has the same meaning as in the Fisheries Management (Aquaculture) Regulation 2017.
NSW Oyster Industry Sustainable Aquaculture Strategy means the third edition of the publication of that title, as published in 2016 by the Department of Primary Industries (within the Department of Industry).
priority oyster aquaculture area means an area identified as a priority oyster aquaculture area on a map referred to in Chapter 5.3 of the NSW Oyster Industry Sustainable Aquaculture Strategy, being a map a copy of which is held in the head office of the Department of Primary Industries (within the Department of Industry) and published on that Department’s website.
5.20   Standards that cannot be used to refuse consent—playing and performing music
(1)  The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—
(a)  the playing or performance of music, including the following—
(i)  the genre of music played or performed, or
(ii)  whether the music played or performed is live or amplified, or
(iii)  whether the music played or performed is original music, or
(iv)  the number of musicians or live entertainment acts playing or performing, or
(v)  the type of instruments played,
(b)  whether dancing occurs,
(c)  the presence or use of a dance floor or another area ordinarily used for dancing,
(d)  the direction in which a stage for players or performers faces,
(e)  the decorations to be used, including, for example, mirror balls, or lighting used by players or performers.
(2)  The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.
(3)  In this clause—
licensed premises has the same meaning as in the Liquor Act 2007.
5.21   Flood planning
(1)  The objectives of this clause are as follows—
(a)  to minimise the flood risk to life and property associated with the use of land,
(b)  to allow development on land that is compatible with the flood function and behaviour on the land, taking into account projected changes as a result of climate change,
(c)  to avoid adverse or cumulative impacts on flood behaviour and the environment,
(d)  to enable the safe occupation and efficient evacuation of people in the event of a flood.
(2)  Development consent must not be granted to development on land the consent authority considers to be within the flood planning area unless the consent authority is satisfied the development—
(a)  is compatible with the flood function and behaviour on the land, and
(b)  will not adversely affect flood behaviour in a way that results in detrimental increases in the potential flood affectation of other development or properties, and
(c)  will not adversely affect the safe occupation and efficient evacuation of people or exceed the capacity of existing evacuation routes for the surrounding area in the event of a flood, and
(d)  incorporates appropriate measures to manage risk to life in the event of a flood, and
(e)  will not adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses.
(3)  In deciding whether to grant development consent on land to which this clause applies, the consent authority must consider the following matters—
(a)  the impact of the development on projected changes to flood behaviour as a result of climate change,
(b)  the intended design and scale of buildings resulting from the development,
(c)  whether the development incorporates measures to minimise the risk to life and ensure the safe evacuation of people in the event of a flood,
(d)  the potential to modify, relocate or remove buildings resulting from development if the surrounding area is impacted by flooding or coastal erosion.
(4)  A word or expression used in this clause has the same meaning as it has in the Considering Flooding in Land Use Planning Guideline unless it is otherwise defined in this clause.
(5)  In this clause—
Considering Flooding in Land Use Planning Guideline means the Considering Flooding in Land Use Planning Guideline published on the Department’s website on 14 July 2021.
flood planning area has the same meaning as it has in the Floodplain Development Manual.
Floodplain Development Manual means the Floodplain Development Manual(ISBN 0 7347 5476 0) published by the NSW Government in April 2005.
5.22   Special flood considerations
[Not adopted]
5.23   Public bushland
(1)  The objective of this clause is to protect and ensure the ecological viability of bushland, including rehabilitated areas in urban areas, by—
(a)  preserving biodiversity, habitat corridors and links between public bushland and other nearby bushland, and
(b)  preserving bushland as a natural stabiliser of the soil surface, and
(c)  preserving existing hydrological landforms, processes and functions, including natural drainage lines, watercourses, wetlands and foreshores, and
(d)  preserving the recreational, educational, scientific, aesthetic, environmental, ecological and cultural values and potential of bushland, and
(e)  mitigating disturbance caused by development.
(2)  Development that will disturb, or is reasonably likely to disturb, public bushland is permitted with development consent.
(3)  Development consent must not be granted to development that will disturb, or is reasonably likely to disturb, public bushland unless the consent authority is satisfied of the following—
(a)  the disturbance of the bushland is essential for a purpose in the public interest,
(b)  there is no reasonable alternative to the disturbance,
(c)  the development minimises the amount of bushland to be disturbed,
(d)  the development includes measures to remediate the disturbed bushland.
(4)  Despite subclause (2), development that will disturb, or is reasonably likely to disturb, public bushland is permitted without development consent if the development is for the following purposes—
(a)  the construction, operation or maintenance of pipelines to carry water, sewerage or gas or pipelines licensed under the Pipelines Act 1967,
(b)  the construction, operation or maintenance of electricity or telecommunication lines,
(c)  bush fire hazard reduction,
(d)  the construction or maintenance of classified roads,
(e)  facilitating the recreational use of the public bushland.
(5)  Development specified in subclause (4)(e) is permitted without development consent only if it is carried out in accordance with a plan of management for the public bushland, adopted by the Council in the same way a plan of management is required to be adopted for community land under the Local Government Act 1993, Chapter 6, Part 2, Division 2, that includes measures for the following—
(a)  the recreational use of the land,
(b)  bush fire hazard reduction,
(c)  the prevention of degradation, including the alteration of drainage patterns, rubbish dumping, vehicle intrusion and infestation with weeds or non-native plants,
(d)  the remediation of degraded public bushland.
(6)  This clause does not require development consent for clearing of native vegetation if the clearing is of a kind that is authorised under the Local Land Services Act 2013, section 60O.
(7)  In deciding whether to grant development consent to development on land adjoining public bushland, the consent authority must consider the following—
(a)  the need to retain public bushland adjoining the site of the development,
(b)  the likely effect of the development on public bushland, including the following—
(i)  the erosion of soil,
(ii)  the siltation of streams and waterways,
(iii)  the spread of weeds and non-native plants within public bushland,
(c)  other matters the consent authority considers relevant to the protection and preservation of public bushland.
(8)  This clause does not apply to the following land that is public bushland—
(a)  land in Zone RU1, RU2, RU3, RU4 or RU5,
(b)  land reserved, dedicated or acquired under the National Parks and Wildlife Act 1974,
(c)  land within a State forest, flora reserve or timber reserve within the meaning of the Forestry Act 2012,
(9)  In this clause—
disturb public bushland means—
(a)  remove vegetation from public bushland, or
(b)  cause a change in the natural ecology of public bushland that results in the destruction or degradation of the public bushland.
non-native plant means a plant that is not native vegetation.
public bushland means land—
(a)  on which there is vegetation that is—
(i)  a remainder of the natural vegetation of the land, or
(ii)  representative of the structure and floristics of the natural vegetation of the land, and
(b)  that is owned, managed or reserved for open space or environmental conservation by the Council or a public authority.
cl 5.23: Ins 2022 (629), Sch 2[1].
5.24   Farm stay accommodation
[Not adopted]
5.25   Farm gate premises
[Not adopted]
Part 6 Urban release areas
pt 6: Subst 2015 (21), Sch 1 [43].
6.1   Arrangements for designated State public infrastructure
(1)  The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.
(2)  Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.
(3)  Subclause (2) does not apply to—
(a)  any lot identified in the certificate as a residue lot, or
(b)  any lot to be created by a subdivision of land that was the subject of a previous development consent granted in accordance with this clause, or
(c)  any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or
(d)  a subdivision for the purpose only of rectifying an encroachment on any existing lot.
(4)  This clause does not apply to land in an urban release area if all or any part of the land is in a special contributions area (as defined by section 7.1 of the Act).
cl 6.1: Subst 2015 (21), Sch 1 [43]. Am 2019 (621), Sch 5[5].
6.2   Public utility infrastructure
(1)  Development consent must not be granted for development on land in an urban release area unless the Council is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when it is required.
(2)  This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.
cl 6.2: Subst 2015 (21), Sch 1 [43].
6.3   Development control plan
(1)  The objective of this clause is to ensure that development on land in an urban release area 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.
(2)  Development consent must not be granted for development on land in an urban release area unless a development control plan that provides for the matters specified in subclause (3) has been prepared for the land.
(3)  The development control plan must provide for all of the following—
(a)  a staging plan for the timely and efficient release of urban land, making provision for necessary infrastructure and sequencing,
(b)  an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,
(c)  an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,
(d)  a network of active and passive recreation areas,
(e)  stormwater and water quality management controls,
(f)  amelioration of natural and environmental hazards, including bush fire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,
(g)  detailed urban design controls for significant development sites,
(h)  measures to encourage higher density living around transport, open space and service nodes,
(i)  measures to accommodate and control appropriate neighbourhood commercial and retail uses,
(j)  suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.
(4)  Subclause (2) does not apply to development for any of the following purposes—
(a)  a subdivision for the purpose of a realignment of boundaries that does not create additional lots,
(b)  a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environment protection purpose,
(c)  a subdivision of land in a zone in which the erection of structures is prohibited,
(d)  development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the proposed development would be consistent with the objectives of the zone in which the land is situated.
cl 6.3: Am 2012 (376), Sch 1 [2]. Subst 2015 (21), Sch 1 [43].
6.4   Relationship between Part and remainder of Plan
A provision of this Part prevails over any other provision of this Plan to the extent of any inconsistency.
cl 6.4: Subst 2015 (21), Sch 1 [43].
6.5–6.19   (Repealed)
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
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].
7.2   (Repealed)
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 7.2: Ins 2015 (21), Sch 1 [43]. Rep 2021 (225), Sch 1.
7.3   Development on natural resources sensitive land
(1)  The objectives of this clause are as follows—
(a)  to protect, enhance and manage the ecological, hydrological, scientific, cultural and aesthetic values of biodiversity and wildlife habitat corridors, natural waterways and riparian land,
(b)  to enhance connections between remnants of indigenous vegetation,
(c)  to prevent the fragmentation and degradation of remnant vegetation,
(d)  to ensure that clearing and other development is located and designed to avoid or minimise the impact on the ecological, hydrological, scientific, cultural and aesthetic values of biodiversity and wildlife habitat corridors, natural waterways and riparian land.
(2)  This clause applies to all land identified as “Natural resources sensitive land” on the Natural Resources Sensitivity Land Map.
(3)  Development consent is required for the following on land to which this clause applies—
(a)  the subdivision of land,
(b)  earthworks (including removal of rock or other natural material or alteration of a natural waterway or drainage line),
(c)  the carrying out of a work,
(d)  clearing vegetation (including slashing or underscrubbing),
(e)  irrigation with treated effluent.
(4)  Before deciding an application to carry out development mentioned in subclause (3), the consent authority must consider whether the development meets the objectives of this clause and such of the following as are relevant—
(a)  the condition and significance of the vegetation on the land and whether it should be substantially retained in that location,
(b)  the importance of the vegetation in that particular location to native fauna,
(c)  the strategic importance of the land as part of a biodiversity corridor,
(d)  the sensitivity of the land and the effect of clearing vegetation,
(e)  the relative stability of the bed and banks of any waterway that may be affected by the development, whether on the site, upstream or downstream,
(f)  the effect of the development on waterway health, including pollution of the waterway, a significant increase or decrease in the amount or velocity of runoff entering the waterway, or a significant increase in siltation of the waterway,
(g)  the effect of the development on the functions of aquatic ecosystems (such as habitat and connectivity).
(5)  Development consent must not be granted to development mentioned in subclause (3) unless the consent authority is satisfied that—
(a)  the development is designed and will be located and managed to avoid any potential adverse environmental impact, or
(b)  if a potential adverse environmental impact cannot be avoided, the development—
(i)  is designed and located so as to have minimum adverse impact, and
(ii)  incorporates effective measures to remedy or mitigate any adverse impact caused.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cll 7.3–7.7: Ins 2015 (21), Sch 1 [43].
7.4   Sustainable development
In deciding whether to grant development consent for development, the consent authority must have regard to the principles of sustainable development as they relate to the development based on a “whole of building” approach by considering each of the following—
(a)  conserving energy and reducing carbon dioxide emissions,
(b)  embodied energy in materials and building processes,
(c)  building design and orientation,
(d)  passive solar design and day lighting,
(e)  natural ventilation,
(f)  energy efficiency and conservation,
(g)  water conservation and water reuse,
(h)  waste minimisation and recycling,
(i)  reduction of vehicle dependence,
(j)  potential for adaptive reuse.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cll 7.3–7.7: Ins 2015 (21), Sch 1 [43].
7.5   Protection of scenic character and landscape values
(1)  The objectives of this clause are as follows—
(a)  to identify and protect areas that have particular scenic value either from major roads, identified heritage items or other public places,
(b)  to ensure development in these areas is located and designed to minimise its visual impact.
(2)  This clause applies to land identified as “Land with scenic and landscape values” on the Scenic and Landscape Values Map.
(3)  Development consent must not be granted for any development on land to which this clause applies unless the consent authority is satisfied that measures will be taken, including in relation to the location and design of the development, to minimise the visual impact of the development from major roads and other public places.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cll 7.3–7.7: Ins 2015 (21), Sch 1 [43].
7.6   Salinity
(1)  The objectives of this clause are as follows—
(a)  to protect natural hydrological systems by minimising soil disturbance and ensuring appropriate land use management,
(b)  to avoid the adverse effects of rising salinity on land, including damage to infrastructure and buildings, loss of productive agricultural land and other adverse environmental effects.
(2)  Development consent must not be granted to any development unless the consent authority has considered—
(a)  whether or not the proposed development is likely to have an impact on salinity processes, and
(b)  whether or not salinity is likely to have an impact on the proposed development, and
(c)  appropriate measures that can be taken to avoid or reduce any undesirable effects that may result from the impacts referred to in paragraphs (a) and (b).
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cll 7.3–7.7: Ins 2015 (21), Sch 1 [43].
7.7   Servicing
(1)  The objective of this clause is to ensure that development of land to which this Plan applies reflects the availability of services.
(2)  Before granting development consent for development on any land to which this Plan applies, the consent authority must be satisfied that—
(a)  the development will be connected to a reticulated water supply, if required by the consent authority, and
(b)  the development will have adequate facilities for the removal and disposal of sewage, and
(c)  if the development is for seniors housing, the development can be connected to a reticulated sewerage system, and
(d)  the need for public amenities or public services has been or will be met.
(3)  Subclause (4) applies to land in Zone RU5 Village or Zone R5 Large Lot Residential that is not connected to a reticulated sewerage system provided by Sydney Water or licensed by the Council or the Environment Protection Authority.
(4)  Development consent must not be granted to a subdivision of land referred to in subclause (3) unless each resulting lot will have an area of at least 1 hectare.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cll 7.3–7.7: Ins 2015 (21), Sch 1 [43].
7.8   Active street frontages
(1)  The objective of this clause is to promote uses that attract pedestrian traffic along certain ground floor street frontages in Zone B2 Local Centre, Zone B3 Commercial Core and Zone B4 Mixed Use.
(2)  This clause applies to land identified as “Active Street Frontage” on the Active Street Frontages Map.
(3)  Development consent must not be granted to the erection of a building, or a change of use of a building, on land to which this clause applies unless the consent authority is satisfied that the building will have an active street frontage after its erection or change of use.
(4)  Despite subclause (3), an active street frontage is not required for any part of a building that is used for any of the following—
(a)  entrances and lobbies (including as part of mixed use development),
(b)  access for fire services,
(c)  vehicular access.
(5)  In this clause, a building has an active street frontage if all premises on the ground floor of the building facing the street are used for the purposes of business premises or retail premises.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 7.8: Ins 2015 (21), Sch 1 [43]. Am 2019 (480), Sch 1 [1].
7.9   (Repealed)
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 7.9: Ins 2015 (21), Sch 1 [43]. Am 2017 (493), Sch 1.2 [2]. Rep 2022 (112), Sch 2.2[2].
7.10   Dual occupancies and secondary dwellings in certain rural and environmental zones
(1)  The objective of this clause is to ensure that effluent generated by dual occupancies or secondary dwellings is managed on site to protect waterways and the amenity of adjoining lots.
(2)  This clause applies to land in the following zones that is not connected to a sewage reticulation system—
(a)  Zone RU1 Primary Production,
(b)  Zone RU2 Rural Landscape,
(c)  Zone RU4 Primary Production Small Lots,
(d)  Zone E3 Environmental Management,
(e)  Zone E4 Environmental Living.
(3)  Development consent must not be granted for a dual occupancy on a lot to which this clause applies unless the lot has an area of at least 2 hectares.
(4)  Development consent must not be granted for a secondary dwelling on a lot to which this clause applies unless the lot has an area of at least 2 hectares or it can be demonstrated that the existing on-site effluent disposal system has sufficient capacity for the secondary dwelling.
(5)  Development consent must not be granted for the erection of more than 2 dwellings on a lot to which this clause applies.
(6)  Development consent must not be granted for the subdivision of a dual occupancy on a lot to which this clause applies into a strata, company or community title.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cll 7.10, 7.11: Ins 2015 (21), Sch 1 [43].
7.11   Penrith Health and Education Precinct
(1)  The objectives of this clause are as follows—
(a)  to encourage a built form that is suitable for both residential and health services facilities,
(b)  to encourage adaptive reuse of residential buildings for health services facilities in the Penrith Health and Education Precinct where the residential use within the building ceases in the future.
(2)  This clause applies to land identified as “Penrith Health and Education Precinct” on the Clause Application Map.
(3)  Despite clause 4.3, development consent may be granted to development on land that exceeds the maximum height shown for that land on the Height of Buildings Map by up to 20% if the floor to ceiling height of both the ground and first floors are equal to or greater than 3.5 metres.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cll 7.10, 7.11: Ins 2015 (21), Sch 1 [43].
7.12   Maximum gross floor area of commercial premises
(1)  The objective of this clause is to retain the existing hierarchy of Penrith’s local commercial centres by imposing size limitations on certain commercial premises.
(2)  Development consent must not be granted to development for the purposes of commercial premises on any land specified in Column 1 of the table to this subclause unless the consent authority is satisfied that the total gross floor area of all buildings used for commercial premises will not exceed the gross floor area specified opposite that land in Column 2.
Column 1
Column 2
Land
Maximum GFA
31 Moore Street, St Clair, being Lot 41, DP 610847
650 square metres
37 Cook Parade, St Clair, being Lots 671 and 672, DP 739138
650 square metres
46–66 O’Connell Street, Caddens, being Lot 3, DP 1103503 and certain land at Western Sydney University, Great Western Highway, being Lot 100, DP 1194481
10,000 square metres
182–186 Sunflower Drive, Claremont Meadows, being Lot 3202, DP 813518
650 square metres
180–190 Swallow Drive, Erskine Park, being Lot 100, DP 1134907
6,000 square metres
11 Caloola Avenue, Penrith and 35 and 41 Kareela Avenue, Penrith, being Lots 1–3, DP 530855
3,000 square metres
2 Birmingham Road, South Penrith, being Lot 12, DP 1120280
6,150 square metres
Lot 21 Lavin Crescent, Werrington County, being Lot 21, DP 1085064 and 201 Dunheved Road, Werrington County, being Lot 201, DP 627088
500 square metres
(3)  In this clause, the gross floor area of a building excludes the following—
(a)  any space used by or for the purposes of centre management,
(b)  any space used for common storage,
(c)  terraces and balconies with outer walls less than 1.5 metres high,
(d)  toilets.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 7.12: Ins 2015 (21), Sch 1 [43]. Am 2019 (480), Sch 1 [2]–[5].
7.13   Exhibition homes limited to 2 years
Despite any other provision of this Plan, development consent for the purposes of an exhibition home may only be granted for a maximum period of 2 years.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 7.13: Ins 2015 (21), Sch 1 [43].
7.14   Cherrywood Village
(1)  The objectives of this clause are as follows—
(a)  to allow development for the purpose of health services facilities and seniors housing on the land to which this clause applies,
(b)  to protect and enhance the biodiversity values of that land by encouraging the conservation and rehabilitation of native flora and fauna.
(2)  This clause applies to land identified as “Cherrywood Village” on the Clause Application Map.
(3)  Despite any other provision of this Plan, development consent may be granted to development on land in Zone RU4 Primary Production Small Lots that is part of the land to which this clause applies for the purpose of—
(a)  health services facilities and seniors housing, and
(b)  the following development, if that development is ancillary to and supports the main use of the land for health services facilities and seniors housing—
(i)  centre-based child care facilities,
(ii)  food and drink premises,
(iii)  neighbourhood shops,
(iv)  hotel or motel accommodation.
(4)  Development consent must not be granted to development on the land to which this clause applies unless a vegetation management plan has been prepared to the satisfaction of the consent authority for the ongoing management of native flora and fauna on that part of the land to which this clause applies that is in Zone E2 Environmental Conservation and on that part of the land to which this clause applies that is identified as “Natural Resources Sensitive Land” on the Natural Resources Sensitivity Land Map.
(5)  In this clause—
vegetation management plan means a plan that specifies a program of action for the management of land, its ecosystems and native vegetation.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 7.14: Ins 2015 (21), Sch 1 [43]. Am 2017 (493), Sch 1.2 [2].
7.15   Claremont Meadows
(1)  This clause applies to land identified as “Claremont Meadows” on the Clause Application Map.
(2)  The objectives of this clause are as follows—
(a)  to ensure a high level of pedestrian amenity and good pedestrian linkages within the land and between the land and the existing land forming Claremont Meadows estate, surrounding development and natural areas,
(b)  to permit a diverse housing mix that provides a wide range of dwelling types and choice,
(c)  to allow for multiple lot sizes that promote higher density around open space,
(d)  to ensure that housing located in the vicinity of a major road takes account of the constraints imposed by noise and visual impact.
(3)  Development consent must not be granted for development on land to which this clause applies unless the consent authority has taken the following matters into consideration—
(a)  any measures that are proposed to promote pedestrian amenity, including provision of pathways and cycleways within the land, and to and from surrounding development,
(b)  any measures that are proposed to ensure an appropriate architectural presentation of development to the Gipps Street and Caddens Road frontages, avoiding high fences or walls so that dwellings have a high level of visual amenity and presentation,
(c)  for development within 100 metres of the M4 Motorway road reserve, any measures that are proposed—
(i)  to protect the viewscape into the subject land when viewed from the M4 Motorway from both the east and the west, so that residential development is not prominent, and
(ii)  to provide a vegetated corridor on those lots that adjoin the M4 Motorway reserve, linking Claremont Creek to the South Creek Corridor, and
(iii)  to provide a minimum setback of 20 metres from the M4 Motorway reserve to any dwelling or substantial structure.
(4)  Despite any other provision of this Plan, development consent may be granted to the subdivision of land in Zone R2 Low Density Residential with each lot having a minimum area of 250 square metres, if—
(a)  all lots will be directly opposite an area of public open space, not including land in Zone E2 Environmental Conservation, of at least 2,500 square metres, and
(b)  the minimum landscaped area for any such lots will be 40% of the lot area, and
(c)  the subdivision will not result in any battle-axe lots, and
(d)  the subdivision will not result in dual occupancy development other than on a corner lot.
(5)  Subject to subclause (6), a person must not carry out development on land that adjoins the Werrington Arterial Road corridor unless vehicular access to the land from that road is made by way of another road that is not a classified road.
(6)  If, but for subclause (5), development may be carried out, the consent authority may, in relation to that development, allow permanent vehicular access to the Werrington Arterial Road, if, in the opinion of the consent authority, alternative access to that development is neither practicable nor provided by another road or a proposed road identified in the relevant development control plan.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 7.15: Ins 2015 (21), Sch 1 [43].
7.16   Glenmore Park Stage 2
(1)  The objectives of this clause are as follows—
(a)  to provide for a transition of lot sizes between the urban areas of Glenmore Park and the surrounding rural landscape and adjoining Mulgoa Nature Reserve,
(b)  to restrict the maximum dwelling yield for certain land,
(c)  to ensure existing extractive industries have ceased on land and that the land has been adequately rehabilitated for urban development.
(2)  This clause applies to land identified as “Glenmore Park Stage 2” on the Clause Application Map.
(3)  Land identified as “Area 4” on the Lot Size Map, being part of the land to which this clause applies, must not be developed for more than 344 dwellings.
(4)    (Repealed)
(5)  Despite any other provision of this Plan, development consent must not be granted for development on any of the land identified as “Glenmore Park Stage 2” on the Clause Application Map unless the consent authority is satisfied that—
(a)  extractive activities on the land have permanently ceased, and
(b)  the land has been adequately rehabilitated for the purpose of urban development.
(6)  Development consent may be granted for a purpose shown in Column 1 of the table to this subclause, on a lot to which this clause applies, if the area of the lot is equal to or greater than the area shown opposite in Column 2 of that table.
Column 1
Column 2
Dual occupancy (attached)
650 square metres
Dual occupancy (detached)
750 square metres
Multi dwelling housing or a residential flat building
For a standard lot—800 square metres
Multi dwelling housing or a residential flat building
For a battle-axe lot—900 square metres
(7)  Despite any other provision of this Plan and subject to subclause (8), the height of a type of dwelling specified in Column 2 of the table to this subclause, on land in an area specified opposite that dwelling in Column 1 of that table and identified on the Height of Buildings Map must not exceed the height specified opposite in Column 3 of that table.
Column 1
Column 2
Column 3
Area 1 and Area 2
Dwelling houses and dual occupancies
10 metres
Area 1 and Area 2
Dwelling houses and dual occupancies on a slope greater than 1 in 8
12.5 metres
Area 3
Residential flat buildings
15 metres
Area 3
Multi dwelling housing
10 metres
Area 3
Dwelling houses and dual occupancies on land in Zone B2 Local Centre
12.5 metres
Area 3
Dwelling houses and dual occupancies on a slope greater than 1 in 8
12.5 metres
Area 3
Shop top housing
15 metres
(8)  Development consent under subclause (7) may only be granted to a building of a height that the consent authority is satisfied would not have an adverse impact on views to or from The Northern Road.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 7.16: Ins 2015 (21), Sch 1 [43]. Am 2016 (86), cl 5 (1) (2).
7.17   Dwelling houses on certain land in Castlereagh, Cranebrook, Llandilo, Londonderry, Kemps Creek and Mulgoa
(1)  The objective of this clause is to ensure that minimum lot sizes are retained or achieved through lot consolidation for dwelling houses on certain land in Castlereagh, Cranebrook, Llandilo, Londonderry, Kemps Creek and Mulgoa consistent with surrounding lot sizes.
(2)  This clause applies to land identified as “2,000m2 for Dwelling House”, “2 Hectares for Dwelling House” and “10 Hectares for Dwelling House” on the Clause Application Map.
(3)  Development consent must not be granted for the erection of a dwelling house on land identified as “2,000m2 for Dwelling House” on the Clause Application Map unless the land has an area of at least 2,000 square metres.
(4)  Development consent must not be granted for the erection of a dwelling house on land identified as “2 Hectares for Dwelling House” on the Clause Application Map unless the land has an area of at least 2 hectares or comprises any of the following lots—
(a)  Lot 323, DP 2147, 323 Second Avenue Llandilo,
(b)  Lot 25, DP 2147, 24 Fourth Avenue Llandilo,
(c)  Lot 27A, DP 2147, 27 Fourth Avenue, Llandilo,
(d)  Lot 342, DP 707626, 34 Fourth Avenue, Llandilo,
(e)  Lot 38A, DP 2147, 38A Fourth Avenue, Llandilo,
(f)  Lot 45, DP 2147, 45 Fourth Avenue, Llandilo,
(g)  Lot 2, DP 593786, 2 Fifth Avenue, Llandilo, subject to the provision of permanent vehicular access to the land,
(h)  Lot 111A, DP 2147, 111A Fifth Avenue, Llandilo,
(i)  Lot 157, DP 2147, 157 Sixth Avenue, Llandilo,
(j)  Lot 173A, DP 2147, 173A Sixth Avenue, Llandilo,
(k)  Lot 182A, DP 2147, 182A Sixth Avenue, Llandilo,
(l)  Lot 187, DP 2147, 187 Sixth Avenue, Llandilo,
(m)  Lot 251A, DP 2147, 251A Seventh Avenue, Llandilo,
(n)  Lot 280, DP 2147, 280 Eighth Avenue, Llandilo,
(o)  Lots 310 and 310A, DP 2147, 310 Eighth Avenue, Llandilo,
(p)  Lot 319, DP 2147, 319 Eighth Avenue, Llandilo,
(q)  Lot 11, DP 1013818, 56–60 Cherrybrook Chase, Londonderry.
(5)  Development consent must not be granted for the erection of a dwelling house on land identified as “10 Hectares for Dwelling House” on the Clause Application Map unless the land has an area of at least 10 hectares.
(6)  If 2 or more lots need to be consolidated to achieve a minimum area under subclause (3), (4) or (5), a consolidation plan must be lodged before or at the time of applying for development consent for the construction of a dwelling house on that land.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 7.17: Ins 2015 (21), Sch 1 [43]. Am 2016 (627), Sch 1 [2]; 2021 (153), Sch 1[6]; 2021 (542), cl 4(1)–(3).
7.18   Mulgoa Valley
(1)  The objectives of this clause are as follows—
(a)  to establish specific planning controls for land in the Mulgoa Valley (the valley),
(b)  to protect and enhance the rural landscape of the valley, including its agricultural qualities, cultural heritage values and the setting of the villages of Mulgoa and Wallacia,
(c)  to ensure development in the valley (including rural living opportunities) protects and utilises its tourism and recreational potential and is consistent with conserving its rural and natural landscape, heritage and agricultural qualities,
(d)  to ensure traffic generating development is suitably located so as not to adversely affect the safety, efficiency and rural character of roads, particularly Mulgoa Road.
(2)  This clause applies to land identified as “Mulgoa Valley” on the Clause Application Map.
(3)  Before granting development consent for any purpose on land to which this clause applies, the consent authority must be satisfied of the following—
(a)  that any proposed building will not be located on a ridgetop and will not intrude into the skyline when viewed from a road or other public place,
(b)  that the proposed development will not adversely affect the historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance of any heritage item in the valley,
(c)  that the proposed form and siting of buildings, colours, landscaping and building materials are appropriate for the rural character of the valley,
(d)  that the proposed development will not detract from the “Vistas of heritage items” specified on the Scenic and Landscape Values Map,
(e)  that extensive areas of vegetation will not be cleared for the proposed development,
(f)  that adequate provision has been made for the landscaping of the land to which the development relates and about whether any trees or other vegetation on the land should be preserved,
(g)  that the agricultural viability of holdings and potential of the land will not be adversely affected,
(h)  that Aboriginal and non-Aboriginal cultural heritage resources on the land will not be adversely affected,
(i)  that the view from Mulgoa Road and the rural setting of the villages of Mulgoa and Wallacia will not be adversely affected,
(j)  that the safety and efficiency of Mulgoa Road will not be adversely affected,
(k)  that any upgrading required to maintain safety and efficiency will not detract from the present rural character of Mulgoa Road.
(4)  Before granting development consent for the subdivision of land to which this clause applies, the consent authority must be satisfied that consent for a building could be granted in accordance with subclause (3) on each lot proposed to be created.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 7.18: Ins 2015 (21), Sch 1 [43].
7.19   Villages of Londonderry, Mulgoa and Wallacia
(1)  The objectives of this clause are as follows—
(a)  to establish specific planning controls for land in the villages of Londonderry, Mulgoa and Wallacia,
(b)  to protect residential amenity by prescribing minimum dimensions for dual occupancy and the creation of new lots through subdivision.
(2)  This clause applies to land in—
(a)  the village of Londonderry (Londonderry Village), identified as “Londonderry Village” on the Clause Application Map, and
(b)  the villages of Mulgoa and Wallacia (Mulgoa Wallacia Villages), identified as “Mulgoa Wallacia Villages” on the Clause Application Map.
(3)  Despite any other provision of this Plan, development consent must not be granted for dual occupancy on land to which this clause applies unless the lot on which the development is to be constructed will meet the minimum standards set out in the following table—
Zone
Minimum standards
Land in Zone RU5 Village in Londonderry Village
Minimum lot size (attached dwellings)—650 square metres
Minimum lot size (detached dwellings)—750 square metres
Land not connected to a reticulated sewer (regardless of zone) in Mulgoa Wallacia Villages
Minimum lot size—2 hectares
Minimum width—30 metres
Land in Zone RU5 Village in Mulgoa Wallacia Villages
Minimum lot size (attached dwellings)—650 square metres
Minimum width (attached dwellings)—15 metres
Minimum lot size (detached dwellings)—750 square metres
Minimum width (detached dwellings)—15 metres
Land in Zone R5 Large Lot Residential in Mulgoa Wallacia Villages
Minimum lot size—4000 square metres
Minimum width—30 metres
Land in Zone E4 Environmental Living in Mulgoa Wallacia Villages
Minimum lot size—2 hectares
Minimum width—30 metres
(4)  Despite any other provision of this Plan, development consent must not be granted for the subdivision of land to which this clause applies unless all the lots to be created by the subdivision will meet the minimum standards set out in the following table—
Zone
Minimum area and dimensions
Land in Zone RU5 Village in Mulgoa Wallacia Villages (identified as “Area 1” on the Lot Size Map)
Standard lot—
Minimum lot size—550 square metres
Minimum width—15 metres
Minimum depth—30 metres
Battle axe lot—
Minimum lot size—650 square metres
Minimum width—18 metres
Minimum depth—30 metres
Land in Zone RU5 Village in Mulgoa Wallacia Villages (identified as “Area 2” on the Lot Size Map)
Maximum density—1 lot per 2000 square metres
Standard lot—
Minimum lot size—550 square metres
Minimum width—15 metres
Minimum depth—30 metres
Battle axe lot—
Minimum lot size—650 square metres
Minimum width—18 metres
Minimum depth—30 metres
Land in Zone R5 Large Lot Residential in Mulgoa Wallacia Villages
Minimum lot size—4000 square metres
Minimum width—30 metres
Minimum depth—75 metres
Land in Zone E4 Environmental Living in Mulgoa Wallacia Villages
Minimum lot size—1 hectare
Minimum width—30 metres
Minimum depth—75 metres
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 7.19: Ins 2015 (21), Sch 1 [43]. Subst 2021 (153), Sch 1[7].
7.20   Orchard Hills
(1)  The objectives of this clause are as follows—
(a)  to ensure residential development incorporates features necessary to protect occupiers against adverse noise impacts arising from traffic noise,
(b)  to limit the potential risk to life and property from flood events.
(2)  This clause applies to certain land identified as “Orchard Hills” on the Clause Application Map.
(3)  Before granting development consent for development on land identified as “Orchard Hills” on the Clause Application Map and adjacent to or immediately opposite the M4 Motorway or The Northern Road, the consent authority must be satisfied that—
(a)  the external facade of any habitable room would not be exposed to an LA10 (18 hour) traffic noise level exceeding 63 dBA, or
(b)  appropriate noise attenuation measures have been or will be carried out that will reduce the internal noise level to meet AS 3671—1989, Acoustics—Road traffic noise intrusion—Building siting and construction.
(4)  Despite any other provision of this Plan, development consent must not be granted for the erection of a building on land identified as “Orchard Hills” on the Clause Application Map and subject to flooding or in a watercourse unless the consent authority is satisfied that—
(a)  no practical alternative location exists for the proposed building, and
(b)  the building is not likely to be threatened by flood flows, and
(c)  the erection or use of the building will not divert flood flows or adversely affect drainage flows, and
(d)  the erection or use of the building will not cause soil erosion.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cll 7.20–7.22: Ins 2015 (21), Sch 1 [43].
7.21   Twin Creeks
(1)  The objectives of this clause are as follows—
(a)  to allow development that has a maximum of 285 rural or residential lots on the land to which this clause applies,
(b)  to protect localities of Aboriginal archaeological significance,
(c)  to protect land downstream from the development from further flooding as a result of additional stormwater runoff from the development.
(2)  This clause applies to land identified as “Twin Creeks” on the Clause Application Map.
(3)  Despite any other provision of this Plan, development consent must not be granted for the subdivision of land to which this clause applies unless it is satisfied that—
(a)  no more than 54 lots will be created within Area 3 shown on the Lot Size Map, each with an area of not less than 1,500 square metres, and
(b)  the development will be compatible with the environmental capabilities of the land, and
(c)  all lots created by the development will be compatible in size and shape with the physical nature of the land, adjoining land uses and the likely use of the land in the future, and
(d)  the size and layout of lots that have boundaries with rural properties consider the interface between the rural residential estate and the potential for land use conflict, and
(e)  the scientific, cultural or aesthetic significance of any Aboriginal archaeological site will not be detrimentally affected by the development, and
(f)  dwellings located on land to which this clause applies will be sited to minimise any adverse impact that might arise from a potential extractive industry situated to the south and west of the land, and
(g)  the last 45 of the lots mentioned in subclause (a) will not be developed unless adequate community facilities are in place.
(4)  Despite any other provision of this Plan, development consent must not be granted for a dual occupancy or secondary dwelling on a lot to which this clause applies.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cll 7.20–7.22: Ins 2015 (21), Sch 1 [43].
7.22   Waterside
(1)  The objectives of this clause are as follows—
(a)  to provide an acoustic, physical and visual buffer between industrial and residential development,
(b)  to require a built form that protects the amenity (particularly with respect to noise) of residential development at Waterside.
(2)  This clause applies to land identified as “Waterside” on the Clause Application Map.
(3)  Despite any other provision of this Plan, the consent authority must not consent to development on land in Zone IN2 Light Industrial that is part of the land to which this clause applies unless the consent authority is satisfied that the carrying out of activities in the development will not generate any increase in existing background noise levels.
(4)  The consent authority must not consent to development on—
(a)  land in Zone R1 General Residential to which this clause applies unless the consent authority is satisfied that the noise levels outside the development will not exceed the outdoor noise level criterion shown in the following table—
Noise descriptor
Time period
Criterion
Industrial noise 50% of LA90 15min
7:00 am to 10:00 pm
50 dBA
Industrial noise 50% of LA90 15min
10:00 pm to 7:00 am
40 dBA
Industrial noise 10% of LA90 15min
7:00 am to 10:00 pm
55 dBA
Industrial noise 10% of LA90 15min
10:00 pm to 7:00 am
45 dBA
Traffic noise Leq 9hr
7:00 am to 10:00 pm
55 dBA
Traffic noise Leq 9hr
10:00 pm to 7:00 am
50 dBA
(b)  land in Zone R1 General Residential that is part of the land to which this clause applies unless the consent authority is satisfied that the noise levels inside the buildings will not exceed the noise level criterion shown in the following table—
Noise descriptor
Time period
Criterion
Recreation areas Leq 24hr
24 hours
40 dBA
Sleeping areas Leq 8hr
10:00 pm to 6:00 am
35 dBA
Sleeping areas 10% of LA1 15min
10:00 pm to 7:00 am
60 dBA
(c)  land in Zone IN2 Light Industrial that is part of the land to which this clause applies unless the consent authority is satisfied that the noise levels inside the buildings involved in the development will not exceed the noise level criterion shown in the following Table—
Noise descriptor
Time period
Criterion
Sleeping areas 10% of LA1 15min
10:00 pm to 7:00 am
60 dBA
(5)  In this clause—
10% of LA1 15min means the noise level which is exceeded by 10% of all of the valid LA1 15 min noise levels within the specified period.
10% of LA90 15min means the noise level which is exceeded by 10% of all of the valid LA90 15 min noise levels.
50% of LA90 15min means the noise level which is exceeded by 50% of the valid LA90 15 min noise levels.
Leq means the energy average of a valid 15 minute noise level in any specified time period.
non-valid noise level means the noise level recorded when—
(a)  wind gusts exceed 15 metres per second, or
(b)  average wind speed exceeds 3 metres per second, or
(c)  it is raining.
outdoor noise level means the noise level measured at any point outside a building (including on balconies, in courtyards, terraces and garden areas) that does not include any correction for facade reflection.
valid noise level means the measured noise level excluding any non-valid noise level.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cll 7.20–7.22: Ins 2015 (21), Sch 1 [43].
7.23   Location of sex services premises and restricted premises
(1)  The objective of this clause is to ensure that sex services premises and restricted premises are not visually prominent from public places or other locations regularly frequented by children.
(2)  Development consent must not be granted for development for the purposes of sex services premises or restricted premises if the premises would be located on land that adjoins land, or is separated only by a road from land—
(a)  in Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential or Zone RE1 Public Recreation, or
(b)  that is used for community, school (including pre-school and centre-based child care facilities), church or children’s sporting or recreational activities, or
(c)  that is used for sex services premises or restricted premises.
(3)  Development consent must not be granted to development for the purposes of sex services premises or restricted premises located in a mixed use development that contains a dwelling unless the consent authority is satisfied that the primary entrance of the premises is not on the same floor as the dwelling or any other place regularly frequented by children for recreational or cultural activities.
(4)  In deciding whether to grant development consent for the purposes of sex services premises or restricted premises, the consent authority must take into account the impact the proposed development would have on any place that is regularly frequented by children for educational, recreational or cultural activities that adjoins or is in view of the proposed development.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 7.23: Ins 2015 (21), Sch 1 [43]. Am 2017 (493), Sch 1.2 [2].
7.24   (Repealed)
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 7.24: Ins 2016 (650), Sch 1 [2]. Rep 2022 (112), Sch 2.2[2].
7.25   Warehouses and distribution centres on land zoned B7 Business Park
(1)  The objective of this clause is to promote business activity within Zone B7 Business Park that provides for a range of higher order job opportunities in health, cultural and high technology industries.
(2)  This clause applies to land identified as B7 Business Park within the Penrith Health and Education Precinct on the Clause Application Map.
(3)  Development consent must not be granted to development on land to which this clause applies for the purpose of a warehouse or distribution centre unless the warehouse or distribution centre—
(a)  is ancillary to a health, cultural or technology industry, and
(b)  occupies no more than 50% of the gross floor area of the development.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 7.25: Ins 2017 (413), Sch 1.
7.26   Serviced apartments
Development consent must not be granted for development for the purpose of the strata subdivision of a building or part of a building that is or has been used for serviced apartments, unless the consent authority is satisfied that the design quality principles set out in Schedule 1 to State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development and the design principles of the Apartment Design Guide (within the meaning of that Policy) are achieved for the development as if it were a residential apartment development within the meaning of that Policy.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 7.26: Ins 2019 (656), Sch 1[1].
7.27   Commercial and other non-residential development in St Marys Town Centre
(1)  The objectives of this clause are as follows—
(a)  to protect and enhance the retail and commercial core of the St Marys Town Centre,
(b)  to reinforce the status of the St Marys Town Centre as a strategic centre and as a place of employment,
(c)  to promote active street frontages in the commercial core,
(d)  to ensure residential development in the St Marys Town Centre achieves a high level of amenity.
(2)  This clause applies to land in the St Marys Town Centre outlined in blue and identified as “Active Street Frontage” on the Active Street Frontages Map.
(3)  Development consent must not be granted for the erection of a building, or a change of use of a building, on land to which this clause applies unless the consent authority is satisfied that the ground floor and first floor of the building are to be used for the purposes of commercial premises or other non-residential purposes only.
(4)  Subclause (3) does not apply if—
(a)  the building has two street frontages and is not a building on a corner lot, and
(b)  the ground floor and first floor of the building’s primary street frontage are used for non-residential purposes, and
(c)  the development is consistent with the objectives of this clause, and
(d)  the consent authority is satisfied that compliance with subclause (3) would be unreasonable.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 7.27: Ins 2021 (153), Sch 1[8].
7.28   Development on certain land in Londonderry
(1)  This clause applies to land identified as “Hawkesbury Reclassification” on the Clause Application Map.
(2)  This clause applies to the following development for the purposes of a specified land use—
(a)  the erection of a new building,
(b)  a change of use of an existing building,
(c)  development that will increase the gross floor area of an existing building.
(3)  Development consent must not be granted for development unless the consent authority is satisfied that the waste management facility to the north of the land has permanently ceased to operate.
(4)  In this clause—
specified land use means any of the following land uses—
(a)  dual occupancies,
(b)  dwelling houses,
(c)  home-based child care,
(d)  home businesses,
(e)  home industries,
(f)  schools,
(g)  secondary dwellings,
(h)  tourist and visitor accommodation.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 7.28: Ins 2021 (411), Sch 1[1].
7.29   Development on land at 2 Tench Avenue, Jamisontown
(1)  This clause applies to Lot 1, DP 38950, 2 Tench Avenue, Jamisontown.
(2)  Development consent must not be granted to development for the purposes of recreation facilities (indoor) that include an indoor ski slope on the land to which this clause applies unless the consent authority is satisfied of the following—
(a)  a development control plan has been prepared for the land that provides for all of the following—
(i)  design excellence criteria,
(ii)  sustainability measures,
(iii)  built form controls, including an indicative building envelope, building design and articulation, landscaping and public domain design,
(iv)  the visual impact of the development,
(v)  measures to mitigate overshadowing and visual and acoustic privacy impacts on surrounding land,
(vi)  traffic, parking and access,
(vii)  flooding and stormwater management,
(b)  the design of the development is the winner of an architectural design competition held in relation to the development,
(c)  the development exhibits design excellence,
(d)  the development minimises adverse impacts on surrounding land,
(e)  the development will not result in the entire northern facade of any of the following on Lot 1, DP 788126, 6–22 Tench Avenue, Jamisontown receiving less than 3 hours of direct sunlight between 9am and 3pm daily—
(i)  a dwelling house,
(ii)  a moveable dwelling,
(iii)  tourist and visitor accommodation.
(3)  The building that is used for the purposes of recreation facilities (indoor) that include an indoor ski slope may have—
(a)  a height of up to 54m if the increased height is necessary to accommodate the height of the indoor ski slope, and
(b)  a maximum floor space ratio of—
(i)  1.2:1, or
(ii)  if the building is also used for the purposes of tourist and visitor accommodation—1.45:1.
(4)  This clause does not apply to development for which a development application is lodged on or after 31 December 2024.
(5)  In this clause—
architectural design competition means a competitive process conducted in accordance with procedures approved by the consent authority and the NSW Government Architect.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 7.29: Ins 2021 (786), Sch 1.
7.30   Urban heat
(1)  The objectives of this clause are to—
(a)  ensure development incorporates planning and design measures to reduce the urban heat island effect in Penrith, and
(b)  ensure buildings and outdoor spaces are thermally comfortable for people living and working in Penrith, particularly during summer, and
(c)  promote the cooling benefits of green infrastructure and water in the landscape.
(2)  This clause applies to land in the following zones—
(a)  Zone RU5 Village,
(b)  Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential and Zone R5 Large Lot Residential,
(c)  Zone B1 Neighbourhood Centre, Zone B2 Local Centre, Zone B3 Commercial Core, Zone B4 Mixed Use, Zone B5 Business Development, Zone B6 Enterprise Corridor and Zone B7 Business Park,
(d)  Zone IN1 General Industrial and Zone IN2 Light Industrial,
(e)  Zone SP1 Special Activities, Zone SP2 Infrastructure and Zone SP3 Tourist,
(f)  Zone RE1 Public Recreation and Zone RE2 Private Recreation,
(g)  Zone C4 Environmental Living.
(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that planning and design measures are incorporated to reduce the urban heat island effect that—
(a)  maximise green infrastructure, and
(b)  retain water in the landscape, and
(c)  use design measures to ensure the thermal performance of the development achieves a high degree of passive cooling, and
(d)  use building, paving and other materials that minimise heat impacts, and
(e)  reduce reliance on mechanical ventilation and cooling systems, to conserve energy and to minimise heat sources.
(4)  In this clause—
green infrastructure means the network of green spaces, natural systems and semi-natural systems including waterways, bushland, tree canopy, green ground cover, parks and open spaces, that—
(a)  supports sustainable communities, and
(b)  is strategically designed and managed to support a good quality of life in an urban environment.
urban heat island effect is a result of conditions that contribute to higher temperatures in urban areas, including—
(a)  use of roads, car parks, pavements, roofs, walls and other hard and dark surfaces, and
(b)  activities that generate heat, including waste air from mechanical cooling systems, and
(c)  reduction in green infrastructure.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 7.30: Ins 2022 (408), Sch 1.
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].
8.2   Sun access
(1)  The objective of this clause is to protect public open space from overshadowing.
(2)    (Repealed)
(3)  Despite clauses 4.3, 5.6 and 8.4, development consent may not be granted to development on land to which this Part applies if the development would result in overshadowing of public open space to a greater degree than would result from adherence to the controls indicated for the land on the Height of Buildings Map.
(4)  This clause does not prohibit development that does not alter the exterior of any existing building.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 8.2: Ins 2015 (21), Sch 1 [43]. Am 2019 (174), cl 5 (1)–(4).
8.3   Minimum building street frontage
(1)  Development consent must not be granted for the erection of a building on land in Zone B3 Commercial Core or Zone B4 Mixed Use that does not have at least one street frontage of 20 metres or more.
(2)  Despite subclause (1), development consent may be granted for the erection of a building on the land if the consent authority is satisfied that—
(a)  due to the physical constraints of the site or an adjoining site or sites, it is not possible for the building to be erected with at least one street frontage of 20 metres or more, and
(b)  the development is consistent with the aims and objectives of this Plan.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 8.3: Ins 2015 (21), Sch 1 [43].
8.4   Design excellence
(1)  Development consent must not be granted for development involving the construction of a new building, or external alterations to an existing building, on land to which this Part applies unless, in the opinion of the consent authority, the proposed development exhibits design excellence.
(2)  In deciding whether development to which this clause applies exhibits design excellence, the consent authority must have regard to the following matters—
(a)  whether a high standard of architectural design, materials and detailing appropriate to the building type and location will be achieved,
(b)  whether the form and external appearance of the development will improve the quality and amenity of the public domain,
(c)  whether the development will detrimentally impact on view corridors,
(d)    (Repealed)
(e)  how the development will address the following matters—
(i)  the suitability of the land for development,
(ii)  existing and proposed uses and use mix,
(iii)  heritage issues and streetscape constraints,
(iv)  the relationship of the development with other buildings (existing or proposed) on the same site or on neighbouring sites in terms of separation, setbacks, amenity and urban form,
(v)  bulk, massing and modulation of buildings,
(vi)  street frontage heights,
(vii)  environmental impacts such as sustainable design, overshadowing, wind and reflectivity,
(viii)  the achievement of the principles of ecologically sustainable development,
(ix)  pedestrian, cycle, vehicular and service access, circulation and requirements,
(x)  the impact on, and any proposed improvements to, the public domain.
(3)  Development consent must not be granted for any of the following development on land to which this Part applies unless an architectural design competition has been held in relation to the development—
(a)  development in respect of a building that is, or will be, greater than 24 metres or 6 storeys (or both) in height,
(b)  development that has a capital value of more than $1,000,000 on a key site identified on the Key Sites Map,
(c)  development for which the applicant has chosen to have an architectural design competition.
(4)  Subclause (3) does not apply if the Director-General certifies in writing that the development is one for which an architectural design competition is not required.
(5)  Development consent may not be granted for the erection or alteration of a building to which this clause applies that has either or both of the following unless the design of the building or alteration is the result of an architectural design competition—
(a)  a height of up to 10% greater than that allowed by clause 4.3,
(b)  a floor space ratio of up to 10% greater than that allowed by clause 4.4.
(6)    (Repealed)
(7)  In this clause—
architectural design competition means a competitive process conducted in accordance with procedures approved by the Director-General from time to time.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 8.4: Ins 2015 (21), Sch 1 [43]. Am 2019 (174), cl 5 (5); 2021 (153), Sch 1[9]; 2021 (716), Sch 1.18.
8.5   Building separation
Buildings on land to which this Part applies must be erected so that the separation distance—
(a)  from neighbouring buildings, and
(b)  between separate parts or other separate raised parts of the same building,
is not less than that provided for in a development control plan made by the Council.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 8.5: Ins 2015 (21), Sch 1 [43].
8.6   (Repealed)
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 8.6: Ins 2015 (21), Sch 1 [43]. Am 2015 (316), Sch 2.12 [1] [2]. Rep 2019 (656), Sch 1[2].
8.7   Community infrastructure on certain key sites
(1)  The objectives of this clause are—
(a)  to allow higher density development on certain land in the City Centre where the development includes community infrastructure, and
(b)  to ensure that the greater densities reflect the desired character of the localities in which they are allowed and minimise adverse impacts on those localities.
(2)  This clause applies to land identified as a key site on the Key Sites Map.
(3)  Despite clauses 4.3, 4.4 and 8.4 (5), the consent authority may consent to development on land to which this clause applies (including the erection of a new building or external alteration to an existing building) that exceeds the maximum height shown for the land on the Height of Buildings Map or the floor space ratio for the land shown on the Floor Space Ratio Map, or both, if the proposed development includes community infrastructure.
(4)  The consent authority must not consent to the erection of a building on land to which this clause applies if the floor space ratio for the building exceeds the following floor space ratio—
(a)  in relation to development on land identified as “Key Site 1”, “Key Site 2”, “Key Site 8” or “Key Site 9”—5.5:1,
(b)  in relation to development on land identified as “Key Site 3” or “Key Site 10”—6:1,
(c)  in relation to development on land identified as “Key Site 4”, “Key Site 7” or “Key Site 11”—5:1,
(d)  in relation to development on land identified as “Key Site 5”—2:1,
(e)  in relation to development on land identified as “Key Site 6”—2.5:1,
(f)  in relation to development on land identified as “Key Site 12”—6:1,
(g)  in relation to development on land identified as “Key Site 13”—6.5:1.
(5)  In deciding whether to grant development consent under this clause, the consent authority must have regard to the following—
(a)  the objectives of this clause,
(b)  whether the development exhibits design excellence,
(c)  the nature and value of the community infrastructure to the City Centre.
(6)  In this clause, community infrastructure means development for the purposes of recreation areas, recreation facilities (indoor), recreation facilities (outdoor), recreation facilities (major), public car parks or public roads.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 8.7: Ins 2017 (283), Sch 1. Am 2018 (773), cl 4 (1) (2); 2021 (353), cl 5; 2021 (802), Sch 1[1].
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].
9.2   Application of Part
This Part applies to land identified as “Panthers” on the Clause Application Map.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 9.2: Ins 2015 (21), Sch 1 [43].
9.3   Density of retail premises
(1)  Development consent must not be granted for development for the purpose of retail premises unless the consent authority is satisfied that—
(a)  the total gross floor area of all buildings used for the purposes of retail premises will not exceed 12,500 square metres, and
(b)  the parts of the development used for retail premises will be integrated with other development on the land, and
(c)  the development will result in a maximum of 1 square metre of gross floor area used for retail premises for every 10 square metres of gross floor area used for other purposes.
(2)  In addition to other areas excluded by the definition of gross floor area, in this clause the gross floor area of a building does not include the following—
(a)  space used by or for the purposes of centre management,
(b)  toilets,
(c)  space used for common storage,
(d)  terraces and balconies with outer walls less than 1.5 metres high.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 9.3: Ins 2015 (21), Sch 1 [43]. Am 2018 (488), Sch 1.2; 2020 (760), Sch 1[3].
9.4   
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 9.4: Ins 2015 (21), Sch 1 [43]. Rep 2020 (760), Sch 1[4].
9.5   Campus style office development
Development consent must not be granted for development for the purposes of office premises on land identified as “Campus style office development” on the Clause Application Map unless the consent authority is satisfied that—
(a)  the development will not result in a combined gross floor area of all office premises on that land of more than 25,000 square metres, and
(b)  each floor of any building in which the development will be carried out will have a gross floor area of at least 1,500 square metres, and
(c)  the development will not result in office premises being located in more than 5 buildings on that land.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cll 9.5, 9.6: Ins 2015 (21), Sch 1 [43].
9.6   Development control plan for land to which this Part applies
(1)  Development consent must not be granted for development on land to which this Part applies unless a development control plan that provides for the following matters has been prepared for the land—
(a)  a staging plan for the timely and efficient release of urban land, making provision for necessary infrastructure and sequencing,
(b)  an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,
(c)  an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,
(d)  a network of active and passive recreation areas,
(e)  stormwater and water quality management controls,
(f)  amelioration of natural and environmental hazards, including bush fire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,
(g)  detailed urban design controls for significant development sites,
(h)  measures to encourage higher density living around transport, open space and service nodes,
(i)  measures to accommodate and control appropriate neighbourhood commercial and retail uses,
(j)  suitably located public facilities and services, including provision for appropriate traffic management facilities and parking,
(k)  the protection and enhancement of the amenity of residents in the vicinity of the development.
(2)  Subclause (1) does not apply to any of the following developments—
(a)  a subdivision for the purpose of a realignment of boundaries that does not create additional lots,
(b)  a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environment protection purpose,
(c)  a subdivision of land in a zone in which the erection of structures is prohibited,
(d)  development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the development would be consistent with the objectives of the zone in which the land is situated.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cll 9.5, 9.6: Ins 2015 (21), Sch 1 [43].
9.7   Area 5—Maximum residential density
(1)  The objective of this clause is to limit the density of residential development for certain land to which this Part applies.
(2)  This clause applies to land identified as “Area 5” on the Height of Buildings Map.
(3)  Despite clause 4.4, the consent authority may consent to development on land for the purposes of residential accommodation if the consent authority is satisfied that—
(a)  the total gross floor area of all buildings will not exceed 80,400 square metres, and
(b)  the land to which this clause applies is not developed for more than 850 dwellings.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 9.7: Ins 2020 (760), Sch 1[5].
Schedule 1 Additional permitted uses
(Clause 2.5)
1   Use of certain land at South and Ropes Creek Corridors
(1)  This clause applies to land in Zone RE1 Public Recreation in South and Ropes Creek Corridors that is identified as “1” on the Additional Permitted Uses Map.
(2)  Development for the purposes of extensive agriculture and intensive plant agriculture is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
2   Use of certain land at Andrews Road, Cranebrook
(1)  This clause applies to land at 111–167 and 177–215 Andrews Road, Cranebrook that is identified as “2” on the Clause Application Map.
(2)  Development for the purposes of a restaurant or cafe is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
3   (Repealed)
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
4   Use of certain land at Town Terrace and Glenmore Parkway, Glenmore Park
(1)  This clause applies to land at 1–41 Town Terrace and 9100, 9104, 9105 and 9108 Glenmore Parkway, Glenmore Park, being Lot 2, DP 865459 and Lots 9100–9101 and 9104–9108, DP 1022720 that is identified as “3” on the Additional Permitted Uses Map.
(2)  Development for the purposes of residential flat buildings is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
5   Use of certain land at 261 Mulgoa Road, Jamisontown
(1)  This clause applies to land at 261 Mulgoa Road, being Lot 1, DP 884114 that is identified as “4” on the Additional Permitted Uses Map.
(2)  Development for the purposes of a restaurant or cafe is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
6   Use of certain land at 51–55 Salisbury Avenue and 1437–1473 Elizabeth Drive, Kemps Creek
(1)  This clause applies to land at 51–55 Salisbury Avenue and 1437–1473 Elizabeth Drive, Kemps Creek, being Lots 5–9, Section A, DP 2566, Lots 110–112, DP 1137261 and Lot B, DP 415712 that is identified as “5” 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].
7   Use of certain land at 16–23 Clifton Avenue, Kemps Creek
(1)  This clause applies to land at 16–23 Clifton Avenue, Kemps Creek, being Lot 230, DP 1134016 that is identified as “6” on the Additional Permitted Uses Map.
(2)  Development for the purposes of extractive industry and waste disposal facilities is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
8   (Repealed)
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
9   Use of certain land at 141–151 Great Western Highway, Kingswood
(1)  This clause applies to land at 141–151 Great Western Highway, Kingswood, being Part Lot 1, DP 316550, Lot 2, DP 656841, Part Lot C, DP 101602, Lot 1, DP 656840 and SP 50142 that is identified as “8” on the Additional Permitted Uses Map.
(2)  Development for the purposes of business premises and office premises is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
10   Use of certain land at 1–3 Morley Avenue, Kingswood
(1)  This clause applies to land at 1–3 Morley Avenue, Kingswood, being Lots 9 and 10, DP 814801 that is identified as “9” on the Additional Permitted Uses Map.
(2)  Development for the purposes of business premises, office premises and vehicle sales or hire premises is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
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)
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
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   Use of certain land at 126–164 Castle Road, Orchard Hills
(1)  This clause applies to land at 126–164 Castle Road, Orchard Hills, being Lot 1, DP 239091 that is identified as “18” on the Additional Permitted Uses Map.
(2)  Development for the purposes of subdivision is permitted with development consent, but only if—
(a)  the land is subdivided in accordance with the approved 9 lot subdivision (DA 02/0230), creating 8 lots with areas ranging from 5,000 square metres to 1.26 hectares and one residue lot of 13.48 hectares, or
(b)  the land is subdivided into lots with a minimum area of 2 hectares.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
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   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 Lot 12, DP 1192443, that is identified as “26” on the Additional Permitted Uses Map.
(2)  Development for the purposes of specialised retail premises is permitted with development consent.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
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)
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
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].
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].
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.
Signage—bus shelter advertising (in Zones R1, R2, R3, R4, R5, B1, B2, B3, B4, B5, B6, B7, IN1, IN2, SP1, SP2 and SP3)
(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, E3 and E4)
(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].
sch 2: Am 2012 (376), Sch 1 [6]; 2015 (21), Sch 1 [45]; 2019 (656), Sch 1[5].
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.
Part 1 Types of development
Demolition or removal of dwelling houses or ancillary development (in Zones E3 and E4)
(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 E4) and additions to dwelling houses (in Zone E4)
(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 E4)
(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].
Part 2 Complying development certificate conditions
Note—
Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan.
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].
sch 3: Am 2011 (363), Sch 16 [37].
Schedule 4 Classification and reclassification of public land
(Clause 5.2)
Part 1 Land classified, or reclassified, as operational land—no interests changed
Column 1
Column 2
Locality
Description
2–6 Reynolds Road, Londonderry
Lot 1, DP 25981
2–8, 18–24, 26–32, 34–40, 42–48 and 50–56 The Driftway, Londonderry
Lots 24, 22, 21, 20, 19 and 18, Section D, DP 25020
11–13 Chesham Street, St Marys
Lots 1–3, DP 542707
Part 2 Land classified, or reclassified, as operational land—interests changed
Column 1
Column 2
Column 3
Locality
Description
Any trusts etc not discharged
11A Canopus Close (part of), Erskine Park
Part of Lot 2174, DP 776426, identified as “Operational Land” on the Land Reclassification (Part Lots) Map
Nil
25 Chameleon Drive (part of), Erskine Park
Part of Lot 1106, DP 709078, identified as “Operational Land” on the Land Reclassification (Part Lots) Map
Nil
29 Chameleon Drive (part of), Erskine Park
Part of Lot 1107, DP 709078, identified as “Operational Land” on the Land Reclassification (Part Lots) Map
Easement for electricity purposes (DP 709078) as noted on Certificate of Title Folio Identifier 1107/709078
9A Dilga Crescent, Erskine Park
Lot 148, DP 703879
Easement for electricity purposes (DP 703879) and easement for underground mains (DP 703879), as noted on Certificate of Title Folio Identifier 148/703879
27A Phoenix Crescent (part of), Erskine Park
Part of Lot 1444, DP 788282, identified as “Operational Land” on the Land Reclassification (Part Lots) Map
Easement for underground mains (DP 788282) as noted on Certificate of Title Folio Identifier 1444/788282
73 Swallow Drive, Erskine Park
Lot 3280, DP 786811
Easement to drain water (DP 786811) as noted on Certificate of Title Folio Identifier 3280/786811
85 Swallow Drive (part of), Erskine Park
Part of Lot 3281, DP 786811, identified as “Operational Land” on the Land Reclassification (Part Lots) Map
Easement to drain water (DP 786811) as noted on Certificate on Title Folio Identifier 3281/786811
Henry Street, Penrith
Lot 100, DP 872220
Right of carriageway 5.485m wide (J731359), easement for underground mains 0.915m wide (P241544), easement for underground mains 1m wide (P317795), easement for electricity purposes 2.75m wide (Bk 3341 No 634) and easement for underground mains 1m wide (Bk 3341 No 633) as noted on Certificate of Title Folio Identifier 100/872220
Soper Place Car Park (part of), 5–7 Lawson Street, Penrith
Lots 1–3, DP 1159119
Nil
Union Road, Penrith
Lots 16 and 17, Section 2, DP 976320
Nil
11 Ashwick Circuit, St Clair
Lot 35, DP 812241
Covenant (M158323), all the easements to drain water (DP 808666), as noted on Certificate of Title Folio Identifier 35/812241
Carinya Avenue, St Marys
Lots 1, 2, 3, 4, 5 and 6, DP 26908
Nil
Carinya Avenue, St Marys
Lot 2, DP 1156169
Nil
Carinya Avenue, St Marys
Lot 5, DP 609430
Nil
Carinya Avenue, St Marys
Lot 177, DP 26908
Nil
Carinya Avenue, St Marys
Lot 179, DP 26908
Nil
Carinya Avenue, St Marys
Lot 180, DP 26908
Nil
Carinya Avenue, St Marys
Lot 181, DP 26908
Nil
Carinya Avenue, St Marys
Lot 185, DP 26908
Nil
Carinya Avenue, St Marys
Lots 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207 and 208, DP 26908
Nil
Carinya Avenue, St Marys
Lot 301, DP 609746
Nil
Christie Street, St Marys
Lot 2141, DP 772116
Nil
Christie Street, St Marys
Lot 2151, DP 740147
Nil
Dunheved Circuit, St Marys
Lot 205, DP 31908
Nil
Dunheved Circuit, St Marys
Lots 212 and 213, DP 31909
Nil
Link Road, St Marys
Lot 210, DP 31908
Nil
Queen Street, St Marys
Lot A, DP 164781
Easement for electrical purposes 0.915 metre wide affecting the part shown as proposed easement for underground mains in plan with Deed Book 3088 No 985, as noted on Certificate of Title Folio Identifier A/164781
Station Street, St Marys
Lot 8, DP 734738
Right of carriageway variable width (DP 734738), easement to drain water 3.5 metres wide (DP 734738) and easement to drain water variable width (DP 734738), as noted on Certificate of Title Folio Identifier 8/734738
Station Street, St Marys
Lot 9, DP 840717
Easement for electricity purposes (Q944030), easement to drain water 3.5 metres wide (DP 840717), easement to drain water variable width (DP 840717), right of carriageway variable width (DP 840717), easement for underground mains 2 metres wide (DP 840717), easement for underground mains 1 metre wide (DP 840717) and easement for overhanging eave and gutter 0.7 metre wide (DP 649557), as noted on Certificate of Title Folio Identifier 9/840717
Part 3 Land classified, or reclassified, as community land
Column 1
Column 2
Locality
Description
Nil
 
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)
Part 1 Heritage items
Suburb
Item name
Address
Property description
Significance
Item no
Agnes Banks
Castlereagh Road Alignment
Castlereagh Road
 
Local
261
Agnes Banks
Weatherboard cottage
410–450 Castlereagh Road
Lot 10, DP 792357
Local
660
Agnes Banks
Agnes Banks Public School (former)
475–479 Castlereagh Road
Lot 1, DP 776886
Local
3
Agnes Banks
“Osborne”, homestead, barn, outbuildings and plantings
580–600 Castlereagh Road
Lot 1, DP 1155198
Local
6
Agnes Banks
“Chestnut”, dwelling, slab cottage and trees
580–600 Castlereagh Road
Lot 1, DP 1155198
Local
8
Agnes Banks
“Tyreel”, dwelling and barn
626–652 Castlereagh Road
Lot 1, DP 739177
Local
10
Agnes Banks
Federation farmhouse and trees
706 Castlereagh Road
Lot 4, DP 570547
Local
12
Agnes Banks
Brick farmhouse, trees and orchard
850–856 Castlereagh Road
Lot 1, DP 228165
Local
659
Agnes Banks
Agnes Banks Nature Reserve
2 Geebung Close, and 36–62 and 66–88 Rickards Road
Lots 149 and 157–159, DP 752021; Lot 7302, DP 1151861; Lot 12, DP 1049319
State
15
Agnes Banks
Farmhouse (collapsed) and outbuildings
2–22 Springwood Road
Lot 930, DP 1129072
Local
2
Castlereagh
Castlereagh Road Alignment
Castlereagh Road
 
Local
261
Castlereagh
Memorials—Smith Park
1151–1159 Castlereagh Road
Lots 1–3, DP 3784; Part Lot 58, DP 752021
Local
19
Castlereagh
Castlereagh Council Chambers (former)
1158–1160 Castlereagh Road
Lot 1, DP 198257
Local
18
Castlereagh
Christ Church Anglican Church
230–232 Church Lane
Lot 27, DP 581747
Local
28
Castlereagh
Farmhouse, garden planting and natural vegetation
259A–263 Church Lane
Lot 1000, DP 1100451
Local
26
Castlereagh
Castlereagh Public School (former)
13–25 West Wilchard Road
Lot 2, DP 780559
Local
20
Claremont Meadows
Milestone
Great Western Highway
Fronting Lot 1, DP 1126991
Local
859
Claremont Meadows
“Four Winds”, dwelling
568 Great Western Highway
Part Lot 11, Section 24, DP 111110
Local
321
Colyton
Milestone
Great Western Highway
Fronting Lot 1 DP 538063
Local
862
Cranebrook
Cranebrook Public School (former)
216 Boundary Road
Lot 22, DP 809521
Local
40
Cranebrook
Site of Fulton’s Church and School
184–194 Church Street
Lot 287, DP 999655; Lot 288, DP 999656
Local
31
Cranebrook
St Thomas’ Anglican Church (former) and Palm trees
540A–544A Cranebrook Road
Lots 12–17, Section A, DP 1613
Local
42
Cranebrook
Castlereagh General Cemetery and native vegetation
77–85 East Wilchard Road
Lot 281, DP 752021
Local
32
Cranebrook
Victorian farmhouse
46–54 Grays Lane
Lot 12, DP 825320
Local
35
Cranebrook
Johnson’s Cottage
Nepean Street
Lots 18–20, Section A, DP 1613
Local
41
Cranebrook
Olive trees
68 Soling Crescent
Lot 104, DP 261535
Local
39
Cranebrook
“Kenilworth”, dwelling and trees
6–9 Tallowood Place
Lot 26, DP 855247
Local
36
Emu Heights
Gosling Street and Hessel Place Reserves
22 Gosling Street
Lot 22, DP 1076016
Local
89
Emu Heights
House (Hall family)
13 Hessel Place
Lot 22, DP 250032
Local
88
Emu Plains
Bellbird Reserve
29 Barina Crescent
Lot 101, DP 577779
Local
90
Emu Plains
“Huntington Hall”, house and garden
48–52 Beach Street
Lots 12, 13 and 15, DP 243048
Local
71
Emu Plains
Uniting Church
5–7 Emerald Street
Lot 1, DP 650543
Local
82
Emu Plains
Weatherboard cottage
24 Forbes Street
Lot 22, DP 253187
Local
664
Emu Plains
Brick cottage
73 Forbes Street
Lot 181, DP 575962
Local
669
Emu Plains
War Memorial, Emu Park
Great Western Highway, Lawson and Park Streets
Lot 7051, DP 1055094
Local
75
Emu Plains
“Emu Hall”, dwelling, outbuildings and trees
2–26 Great Western Highway
Lot 2, DP 614436
Local
51
Emu Plains
Union Inn (former) and trees
36–42 Great Western Highway
Part Lots 1 and 2, DP 342116
Local
63
Emu Plains
Weatherboard house
66–70 Great Western Highway
Lot 17, SP 71124
Local
60
Emu Plains
Australian Arms Inn (former)
113 Great Western Highway
Lot 11, DP 1056135
Local
61
Emu Plains
Arms of Australia Inn
127 Great Western Highway
Lot 22, DP 242300
Local
327
Emu Plains
Stone house
143 Great Western Highway
Lot 111, DP 242913
Local
64
Emu Plains
Melrose Hall
169 Great Western Highway
Lot 7040, DP 751662
Local
73
Emu Plains
Emu Plains Public School (former) and trees
207–219 Great Western Highway
Part Lot 1, DP 650753
Local
76
Emu Plains
Sandstone cottage
281 Great Western Highway
Lot 110, DP 802233
Local
84
Emu Plains
Emu Plains Assembly Hall
283 Great Western Highway
Lot 1, DP 780531
Local
85
Emu Plains
“Mountain View” house
39 Grey Street
Lot 1, DP 203655
Local
837
Emu Plains
Sandstone railway culvert
Lamrock Street
 
Local
667
Emu Plains
Concrete house
39a–43 Mackellar Street
Lot 980, DP 810551
Local
58
Emu Plains
“Westbank”, house
2 Nepean Street
Lot 1, DP 620712
Local
65
Emu Plains
“Gwandalan”, dwelling and garden
11 Nepean Street and 35 Cary Street
Lots 121 and 123, DP 807462
Local
92
Emu Plains
“Yodalla”, house and garden
28 Nepean Street
Lot 42, DP 524161
Local
66
Emu Plains
“Yamba”, cottage
32 Nixon Street
Lot 116, DP 242303
Local
80
Emu Plains
“Orange Grove”, cottage
15 Park Street
Lot 1, DP 703497
Local
74
Emu Plains
Ferry crossing
Punt Road, Nepean River
 
Local
147
Emu Plains
Police station residence (former)
4 Punt Road
Lot 7038, DP 94188
Local
52
Emu Plains
International style house and garden
10 River Road
Lot B, DP 33205
Local
666
Emu Plains
Brick house and garden
80 River Road
Lot 2, DP 1024616
Local
151
Emu Plains
Lewers Bequest and Regional Art Gallery, houses and garden
84–88 River Road,
Lot 34, DP 1114973
Local
69
Emu Plains
Edwardian cottage
46 Russell Street
Lot 10, DP 1097496
Local
83
Emu Plains
St. Paul’s Anglican Church and Emu Plains General Cemetery
Land bounded by Short, Mundy and Nixon Streets and the Great Western Railway
Lot 1, DP 724148; Lot 1, DP 798650; Lot G, DP 751662
Local
78
Emu Plains
Emu Plains Railway Station group
Main Western Railway, Station Street
Lot 1, DP 1133099
State
59
Emu Plains
“Killeen”, Federation house
34 Walkers Crescent
Lot 104, DP 1006488
Local
840
Emu Plains
Cottage
14 York Street
Lot 1, DP 563123
Local
55
Glenmore Park
Scarred tree and Aboriginal artefact scatter
Lot 2000 Bradley Street
Lot 2000, DP 1204777
Local
878
Jamisontown
Sir John Jamison Cemetery
14b and 14c Lilac Place
Lot 1, DP 724391; Lot 1, DP 723986
Local
269
Jamisontown
Workmens’ cottages
56–62 Mulgoa Road
Lots 1–4, SP 39546
Local
94
Kingswood
St. Phillip’s Anglican Church
32 Bringelly Road
Lot 64, DP 752022
Local
101
Kingswood
Penrith General Cemetery
Land bounded by Copeland and Phillips Streets, Richmond Road and Cox Avenue
Lots 1–28, DP 975352
Local
97
Kingswood
Federation house and garden
6 First Street
Lot 101, DP 1032987
Local
100
Kingswood
Milestone
Great Western Highway
Fronting Lot 1, DP 866081
Local
860
Kingswood
Milestone
Great Western Highway
Fronting Lot 10, DP 719064
Local
861
Kingswood
House
43 Park Avenue
Lot B, DP 409139
Local
672
Kingswood
Kingswood Public School
46–54 Second Avenue
Lot 172, DP 839785
Local
98
Kingswood
Teacher’s residence (former)
56 Second Avenue
Lot 2, DP 1130750
Local
670
Leonay
“Edinglassie”, house
22 Bunyan Road
Lot 185, DP 233104
Local
108
Leonay
“Leo Buring” cottage, barn, glasshouse and memorial
3a Leonay Parade
Lot 12, DP 818741
Local
109
Llandilo
Federation farmhouse
330 Eighth Avenue
Lot 330, DP 2147
Local
676
Llandilo
Farmhouse
361 Ninth Avenue
Lot 3, DP 231946
Local
677
Llandilo
Llandilo Public School
222 Seventh Avenue
Lot 222, DP 2147
Local
841
Llandilo
St David’s Anglican Church (former)
257B Seventh Avenue
Lot 1, DP 724335
Local
673
Llandilo
Llandilo Community Hall
257C Seventh Avenue
Lot 11, DP 1092204
Local
675
Llandilo
Cottage and outbuildings
268 Seventh Avenue
Lot 269, DP 2147
Local
113
Llandilo
Farmhouse
170 Sixth Avenue
Lot A, DP 390397
Local
842
Londonderry
Londonderry Cemetery
325–331 Londonderry Road
Lot 100, DP 810236
Local
115
Luddenham
Luddenham Road Alignment
Luddenham Road
 
Local
843
Mulgoa
“Passadena”, house
45–61 Allan Road
Lot 1, DP 227674
Local
132
Mulgoa
“Fairlight”, homestead, outbuildings and gardens
377–429 Fairlight Road
Lot 22, DP 625510
State
140
Mulgoa
Table Rock Lookout
716–782 Fairlight Road
Lot A, DP 164835
Local
141
Mulgoa
“Glenleigh”, estate
427–507 Mulgoa Road
Lot 2, DP 563748
State
273
Mulgoa
“Glenmore”
754–760 Mulgoa Road
Lot 3, DP 701949
State
124
Mulgoa
“Fernhill”, house, outbuildings and landscape
1041–1117 Mulgoa Road
Lots 10 and 11, DP 615085; Lot 2, DP 541825
State
128
Mulgoa
“Fernhill”, curtilage
1147–1187 Mulgoa Road and 10–156 Mayfair Road
Lot 100, DP 717549; Lot 1, DP 570484; Lot 6, DP 173159; Lot 5, DP 23781; Lot 12, DP 610186; Lot 2, DP 211795; Lots 1–4, DP 260373
Local
873
Mulgoa
Mulgoa Public School building, hall, residence and trees
1189–1193 Mulgoa Road
Lot 1, DP 853475
Local
130
Mulgoa
St Mary’s Catholic Church
1262–1266 Mulgoa Road
Lot 10, Section E, DP 2121
Local
133
Mulgoa
Weatherboard cottage
1296 Mulgoa Road
Lot 2, DP 226343
Local
134
Mulgoa
Mulgoa Irrigation Company office and police station (former)
1298–1304 Mulgoa Road
Lot 32, DP 585921
Local
135
Mulgoa
Cottage
1306 Mulgoa Road
Lot 39, Section A, DP 2882
Local
136
Mulgoa
“Winbourne”, house
1315 Mulgoa Road
Lot 4, DP 854076
Local
138
Mulgoa
St Thomas’ Anglican Church and Cemetery
43–57 and 59–119 St Thomas Road
Lot 1, DP 996994; Lot 1, DP 1035490
State
126
Mulgoa
Cox’s Cottage
1012–1046 Mulgoa Road and 2–24 St Thomas Road
Lots 2–4, DP 241971
State
125
Mulgoa
Mulgoa Road Alignment (former)
St Thomas Road
 
Local
844
Orchard Hills
Brick farmhouse
80–88 Caddens Road
Lot 6, DP 1344
Local
155
Orchard Hills
“Lindfield”
182–188 Caddens Road
Lot 1, DP 583439
Local
845
Orchard Hills
Water reservoir
197–207 Castle Road
Lot 1, DP 430473
Local
657
Orchard Hills
Orchard Hills Uniting Church
3 Frogmore Road
Lot 101, DP 128254
Local
156
Orchard Hills
Memorial cairn
Luddenham Road
 
Local
230
Orchard Hills
Mamre
181–275 Mamre Road
Lot 1, DP 530579
State
228
Orchard Hills
Memorial cairn
181–275 Mamre Road
Lot 1, DP 530579
Local
229
Orchard Hills
Leeholme Horse Stud Rotunda
391–395 Mamre Road
Lot 2, DP 547057
Local
232
Penrith
“Craithes”, dwelling, trees, outbuildings and carriage loop
34–40 Borec Road
Lot 2, DP 802406
State
161
Penrith
Weir
Bruce Neale Drive, Nepean River
 
Local
848
Penrith
Weatherboard cottage
41–43 Camden Street
Lot 13, DP 712385
Local
695
Penrith
Edwardian cottage
2068 Castlereagh Road
Lot 3, DP 862636
Local
158
Penrith
Victorian house
2083–2089 Castlereagh Road
Lot 1, DP 623919
Local
160
Penrith
Bennetts Wagons
2151(a) Castlereagh Road
Lot 112 DP 774782
Local
829
Penrith
Penrith School of Arts (former)
7 Castlereagh Street
Lots 9–11, Section 1, DP 1582
Local
692
Penrith
Torin building
26 Coombes Drive
Lot 401–403, DP 1162312
State
827
Penrith
“Combewood”, house, garden, trees and original entrance drive
234–256 Coreen Avenue
Lot 2, DP 654378; Lots 51–55, DP 237090
Local
163
Penrith
Cottage
169 Cox Avenue
Lot A, DP 984462
Local
853
Penrith
Thornton Hall
Thornton House 33 Mountain View Crescent, Penrith
Lot 2032, DP 1181618
Local
166
Penrith
Presbyterian manse (former)
154 Derby Street
Lot 4, DP 25106
Local
697
Penrith
Victorian cottage
163 Derby Street
Lot Y, DP 389668
Local
698
Penrith
Victorian cottage
194 Derby Street
Lot 1, DP 2363
Local
699
Penrith
Ferry crossing
Nepean River—Ferry Road
 
Local
870
Penrith
Governor Phillip Special Hospital—original building
64 Glebe Place
Lot 1, DP 213072
Local
174
Penrith
Rectory (former)
95 Glebe Place
Lots 5 and 5A, DP 39162
Local
173
Penrith
Victoria Bridge
Great Western Highway
 
State
146
Penrith
Penrith Infants Department (1884 building)
57 Henry Street
Lot 1, DP 724160
Local
177
Penrith
Methodist Church (former)
74 Henry Street
Lot 22, DP 586469
Local
179
Penrith
TAFE Building
115–119 Henry Street
Lot 111, DP 1028320
Local
689
Penrith
Penrith Council Chambers (former)
129–133 Henry Street
Lot 1123, DP 1106979
Local
189
Penrith
“Kelvin Brae”, Federation house
142 High Street
Lot 1, DP 1127355
Local
854
Penrith
Penrith Public School and palm trees
194 High Street
Lot 2, DP 502608; Lots 2–4, Section 19, DP 2296
Local
210
Penrith
Victorian terrace and Interwar shop
219–221 High Street
Lot 2, DP 224062
Local
212
Penrith
St Aubyn’s Terrace
255–265 High Street
Lot 3, DP 955837; Lot 4, DP 972
Local
209
Penrith
St Stephen’s Anglican Church, Hall and Cemetery
258–280 High Street
Lots 101 and 102, DP 597910
Local
206
Penrith
Cottage
288 High Street
Lot 1, Section 3, DP 1582
Local
723
Penrith
Brick villa
318–320 High Street
Lot 4, Section 2, DP 1582
Local
711
Penrith
Memorials and lamp stand, St Nicholas of Myra Catholic Church
332–338 High Street
Lot 1, DP 782278
Local
688
Penrith
“Cram Place”, coach house, well, pump and cast iron fence
338–340 High Street
Lot 11, DP 1013730
Local
201
Penrith
Bank of NSW (former)
354–360 High Street
Lot 10, SP 51611
Local
713
Penrith
Australian Arms Hotel
359 High Street
Lot 2, DP 513015
Local
196
Penrith
High Street shops
361–365 High Street
Lots 2 and 4, SP 13804
Local
714
Penrith
High Street shop
371–375 High Street
Lot 13, DP 616937
Local
715
Penrith
High Street shop
377–381 High Street
Lot 12, DP 616937
Local
716
Penrith
High Street shop
383 High Street
Lot 11, DP 616937
Local
717
Penrith
High Street shop
387–389 High Street
Lot 1, DP 774671
Local
718
Penrith
High Street shop
391–393 High Street
Lots 23 and 24, DP 236390
Local
719
Penrith
Memory Park
400 High Street
Lot 1, DP 198339
Local
200
Penrith
Fulton’s Store (former)
413–423 High Street
Lot B, DP 322318
Local
197
Penrith
High Street shop
425–427 High Street
Lot A, DP 322318
Local
720
Penrith
High Street shop
437 High Street
Lot 2, DP 82325
Local
855
Penrith
High Street shop
449–451 High Street
Lot 12, DP 599349
Local
721
Penrith
High Street shop
538–540 High Street
Lot 1, DP 779550
Local
198
Penrith
High Street shop
542 High Street
Lot 2, DP 154388
Local
722
Penrith
High Street shop
550–556 High Street
Lot B, DP 152524
Local
199
Penrith
Red Cow Hotel
569–595 High Street
Lot 1, DP 1137699
Local
690
Penrith
Penrith Ambulance Station
668–672 High Street
Lot 12, DP 37829
Local
256
Penrith
“Madang Park”, farmhouse and trees
475–487 Jamison Road
Lot 2, DP 567225
Local
95
Penrith
Station Master’s House (former)
Jane Street
Lot 31, DP 1086586
State
187
Penrith
Penrith Railway Station group
Railway land, Jane Street
Lot 31, DP 1086586
State
188
Penrith
The Lodge
48–56 Leland Street
Lot 5, DP 1049780
Local
159
Penrith
Lemongrove Lodge
22–24 Lemongrove Road
Lot 1C, DP 162091
Local
172
Penrith
Victorian villa
150 Lethbridge Street
Lot 81, DP 526298
Local
214
Penrith
Explorers Memorial
Memorial Avenue
 
Local
258
Penrith
Pumping station (former)
20 Memorial Avenue
Lot 1, DP 233967
Local
144
Penrith
Penrith Power Station (former)
1 Museum Drive
Lot 1306, DP 1234327
Local
259
Penrith
“Seidler”, house
31–33 Nepean Avenue
Lot 1, DP 14827
Local
685
Penrith
Rowing course
Nepean River
 
Local
148
Penrith
Railway bridge
Over Nepean River
 
State
668
Penrith
Weatherboard cottage
71 Parker Street
Lot 1, DP 996540
Local
175
Penrith
Peachtree Creek Bridge
Peachtree Creek
 
Local
257
Penrith
Victorian house
6 Rawson Avenue
Lot 2, DP 206095
Local
253
Penrith
Prospect Electricity building (former)
59 Station Street
Lot 10, DP 1025026
Local
701
Penrith
“Broadville”, Victorian house
98 Station Street
Lot 910, DP 717451
Local
215
Penrith
“Kentucky”, villa
146 Station Street
Lot 11, DP 715161
Local
216
Penrith
Victorian house
148 Station Street
Lot 80, DP 709313
Local
217
Penrith
“The Cottage”, dwelling and pine tree
39 Warwick Street
Lot 11, DP 663880
Local
251
Penrith
“Minnamurra”, house
43 Warwick Street
Lot 1, DP 173533
Local
696
Penrith
Victorian house, dwelling and camphor laurel tree
50 Warwick Street
Lot 1, DP 21745
Local
250
Penrith
Federation cottage
80 Woodriff Street
Lot 18, DP 2167
Local
847
Regentville
Regentville Workers’ Terrace
1 Bundarra Road
Lots 1, 2 and 19, DP 16540
Local
276
Regentville
Regentville Public School, residence and garden
32–34 School House Road
Lot 1, DP 906651
Local
270
St Marys
Dunheved Fire Station
50 Christie Street
Lot 142, DP 31911
Local
655
St Marys
Explosives storehouse
146 Dunheved Circuit
Lot 131, DP 701610
Local
869
St Marys
Brick cottage
38 Gidley Street
Lot 1, DP 783200
Local
298
St Marys
Brick cottage
40 Gidley Street
Lot 1, DP 710777
Local
797
St Marys
“Bronte”, villa
50 Gidley Street
Lot 4, DP 38617
Local
299
St Marys
Bennett Wagon
Pioneer Park, Great Western Highway
Lot B, DP 371329
Local
805
St Marys
Milestone
Great Western Highway (between Marsden Road and Day Street)
 
Local
304
St Marys
Victoria Park and memorial
Bounded by Great Western Highway, Pages Road, Putland and Princess Mary Streets
Lot 1, DP 1142771
Local
310
St Marys
St Marys General Cemetery
175–191 Great Western Highway
Lot 7300, DP 1141971
Local
303
St Marys
St Mary Magdalene Church, Hall, Cemetery and grounds
299–311 Great Western Highway
Lot 1, DP 1035601
Local
301
St Marys
“Mourilyan”
329–333 Great Western Highway
Lot 1, DP 997243
Local
300
St Marys
Shop
373 Great Western Highway
Lot 401, DP 601711
Local
806
St Marys
Wagon Wheel Hotel
449 Great Western Highway
Lot 102, DP 1031177
Local
308
St Marys
Wool Pack Inn (ruin)
556 Great Western Highway
Lot 1, DP 81099
Local
654
St Marys
St Marys Council Chambers (former)
2–6 Mamre Road
Lot 6, Section 1, DP 974985
Local
305
St Marys
“Margaret Farm”, house, barn and tannery site
Pages Road, Barker, Wilson and Schleicher Streets
Lots 1–6, DP 30962
Local
226
St Marys
“Mimosa”, stables (former)
11 Pages Road
Lot 1, DP 745809
Local
220
St Marys
“Mimosa”, dwelling, fence and garden
13 Pages Road
Lot 40, DP 58974
Local
219
St Marys
Brick cottage
31–33 Pages Road
Lot 101, DP 833732
Local
801
St Marys
St Marys Public School
2-6 Princess Mary Street
Lot 1, DP 798964; Lot 1, DP 121443; Lot 1, DP 216092; Lot 1, DP 798965; Lot 2, DP 183835
Local
307
St Marys
Brick cottage
18 Princess Mary Street
Lot 104, DP 1037465
Local
309
St Marys
Weatherboard cottage
20 Princess Mary Street
Lot 13, DP 38418
Local
798
St Marys
Weatherboard cottage
22 Princess Mary Street
Lot 14, DP 38418
Local
799
St Marys
Gothic revival cottage
24 Princess Mary Street
Lot 15, DP 38418
Local
800
St Marys
“Thompson’s Tannery” site, tannery pits (former) and well
94 Saddington Street
SP 73643; Lots 1–13, SP 73643
Local
235
St Marys
Brick cottage
100–104 Saddington Street
Lot 902, DP 1063929
Local
234
St Marys
Moore Cottage
8 Sainsbury Street
Lot 10, SP 72555
Local
221
St Marys
St Marys Railway Station
Corner Station and Queen Streets
Lot 1, DP 1040178
State
282
Wallacia
Bungalow
38 Greendale Road
Lot 60, DP 21083
Local
812
Wallacia
Wallacia Progress Association Hall
40 Greendale Road
Lot 61, DP 368083
Local
850
Wallacia
Brick house
96–100 Greendale Road
Lot 317, DP 808445
Local
811
Wallacia
Wallacia Public School
1573–1585 Mulgoa Road
Lot 50, DP 820512
Local
852
Wallacia
Wallacia Post Office
1589 Mulgoa Road
Lot 10, DP 1508
Local
851
Wallacia
Wallacia Hotel
1590–1594 Mulgoa Road
Part Lot A, DP 334601
Local
325
Wallacia
St Andrew’s Anglican Church (former)
25 Park Road
Lot 1, DP 318587
Local
326
Werrington
“Torquay”, house
555 Great Western Highway
Lot 11, DP 1170870
Local
319
Werrington
Brick house
565 Great Western Highway
Lot 565, DP 1121207
Local
810
Werrington
“Werrington Park House”, garden and poplar avenue
653–729 Great Western Highway
Lot 101, DP 1140594
Local
315
Werrington
Rose Cottage and early slab hut
Corner of Water Street and Tennant Road
Lot 1, DP 827130
State
318
Werrington County
“Werrington House”, dwelling, driveway and garden
108 Rugby Street
Lot 101, DP 605907
Local
248
Part 2 Heritage conservation areas
Name of heritage conservation area
Identification on Heritage Map
Significance
Hornseywood Avenue Conservation Area
Shown by an outline and identified as “HCA1”
Local
Lemongrove Conservation Area
Shown by an outline and identified as “HCA2”
Local
Warwick Street Conservation Area
Shown by an outline and identified as “HCA3”
Local
North St Marys Staff Cottages Conservation Area
Shown by an outline and identified as “HCA4”
Local
Mulgoa Road Conservation Area
Shown by an outline and identified as “HCA5”
Local
Park Road Conservation Area
Shown by an outline and identified as “HCA6”
Local
Part 3 Archaeological sites
Suburb
Item name
Address
Property description
Significance
Item no
Berkshire Park
Site of Berkshire Park homestead
844–848 Richmond Road
Lot 3, DP 1097876
Local
A662
Castlereagh
Site of Castlereagh township
East Wilchard Road and Church Lane
Various—see Heritage Map
Local
A30
Cranebrook
Castlereagh General Cemetery and native vegetation
132–156 Church Street, Cranebrook
Lot 245, DP 752021
Local
A880
Emu Plains
Police station (former)
30 Great Western Highway
Lot 8, DP 228204
Local
A53
Emu Plains
Government stockyard site
Hunter, Yodalla, Annett and Nepean Streets and River Road
Various—see Heritage Map
Local
A68
Emu Plains
“Dungarth” and remnant plantings site
4 Stockade Street
Lot 29, DP 250439
Local
A81
Leonay
Site of Edinglassie
Lapstone Place
Lot 102, DP 235829; Lot 2, DP 242718
Local
A112
Mulgoa
Irrigation canal
Mulgoa Road, Queenshill Drive, Littlefields Road and The Northern Road
Lots 5, 6, 8 and 9, DP 1046980; Lot 181, DP 230752; Lots 5 and 6, DP 718233
Local
A137
Mulgoa
Regentville Mansion (site) and vineyard terracing
460a–626 Mulgoa Road
Lot 40, DP 840788
Local
A271
Mulgoa
Slab cottage site
1177–1187 Mulgoa Road
Lot 6, DP 173159
Local
A858
Regentville
Regentville Windmill site
127–129 and 131–135 Martin Street
Lot 4, DP 249387; Lot 13, DP 633042
Local
A680
St Marys
Thompson’s Tannery site (former)
Saddington Street
Various—see Heritage Map
Local
A236
Wallacia
Luddenham Homestead site
1–9 Park Road
Lots 1–3, DP 504928; Lots E–G, DP 390228
Local
A849
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)
Part 1 Pond-based and tank-based aquaculture
Division 1 Site location requirements
1   Conservation exclusion zones
(1)  Must not be carried out on the following land, except to the extent necessary to gain access to water—
(a)  land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,
(b)  vacant Crown land,
(c)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands.
(2)  Must not be carried out on the following land, except for the purposes of minimal infrastructure to support the extraction of water from, and discharge of water to, the land concerned—
(a)  land declared as an aquatic reserve under the Marine Estate Management Act 2014,
(b)  land declared as a marine park under the Marine Estate Management Act 2014.
Note—
Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
Division 2 Operational requirements
2   Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
3   Pond-based aquaculture that is also intensive aquaculture—pond design
For pond-based aquaculture that is also intensive aquaculture—ponds must be capable of being drained or pumped and then completely dried.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
4   Pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—freshwater discharges
For pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—no discharge of freshwater used to intensively cultivate or keep fish to natural waterbodies or wetlands is permitted, except freshwater discharge from open flow through systems.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
5   Outlets from culture ponds etc
All outlets from culture ponds, tanks and other culture facilities must be screened to avoid the escape of fish.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
6   Definition
In this Division—
intensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2017.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
Part 2 Extensive pond-based aquaculture
Division 1 Site location requirements
7   Conservation exclusion zones
(1)  Must not be carried out on the following land, except to the extent necessary to gain access to water—
(a)  land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,
(b)  vacant Crown land,
(c)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands.
Note—
Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
8   Flood liability
Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
Division 2 Operational requirements
9   Species selection
Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
10   Pond design
(1)  Must not require the construction of new ponds, water storages, dams or buildings.
(2)  Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.
(3)  Must be capable of preventing the escape of stock into natural waterbodies or wetlands.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
11   Culture water
Must use freshwater.
cll 6.5–6.7: Rep 2015 (21), Sch 1 [43].
cl 6.8: Am 2011 (363), Sch 16 [31] [32]. Rep 2015 (21), Sch 1 [43].
cl 6.9: Rep 2015 (21), Sch 1 [43].
cl 6.10: Am 2014 (277), Sch 1 [5]. Rep 2015 (21), Sch 1 [43].
cl 6.11: Rep 2015 (21), Sch 1 [43].
cl 6.12: Am 2012 (376), Sch 1 [3]. Rep 2015 (21), Sch 1 [43].
cl 6.13: Rep 2015 (21), Sch 1 [43].
cl 6.14: Subst 2012 (376), Sch 1 [4]. Rep 2015 (21), Sch 1 [43].
cl 6.15: Rep 2015 (21), Sch 1 [43].
cll 6.16–6.19: Ins 2013 (318), Sch 1 [4]. Rep 2015 (21), Sch 1 [43].
Dictionary
(Clause 1.4)
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Plan.
Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.
Aboriginal place of heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition and that may be shown on the Heritage Map, that is—
(a)  the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It may (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or
(b)  a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.
Note—
The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act.
acid sulfate soils means naturally occurring sediments and soils containing iron sulfides (principally pyrite) or their precursors or oxidation products, whose exposure to oxygen leads to the generation of sulfuric acid (for example, by drainage or excavation).
Acid Sulfate Soils Manual means the manual by that name published by the Acid Sulfate Soils Management Advisory Committee and made publicly available.
Active Street Frontages Map means the Penrith Local Environmental Plan 2010 Active Street Frontages Map.
Additional Permitted Uses Map means the Penrith Local Environmental Plan 2010 Additional Permitted Uses Map.
advertisement has the same meaning as in the Act.
Note—
The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.
advertising structure has the same meaning as in the Act.
Note—
The term is defined as a structure used or to be used principally for the display of an advertisement.
Advertising structures are a type of signage—see the definition of that term in this Dictionary.
affordable housing has the same meaning as in the Act.
Note—
The term is defined as housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument.
agricultural produce industry means a building or place used for the handling, treating, processing or packing, for commercial purposes, of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes wineries, flour mills, cotton seed oil plants, cotton gins, feed mills, cheese and butter factories, and juicing or canning plants, but does not include a livestock processing industry.
Note—
Agricultural produce industries are a type of rural industry—see the definition of that term in this Dictionary.
agriculture means any of the following—
(aaa)  agritourism,
(a)  aquaculture,
(b)  extensive agriculture,
(c)  intensive livestock agriculture,
(d)  intensive plant agriculture.
Note—
Part 6 of the Plantations and Reafforestation Act 1999 provides that exempt farm forestry within the meaning of that Act is not subject to the Environmental Planning and Assessment Act 1979.
agritourism means the following—
(a)  farm gate premises,
(b)  farm experience premises.
Note—
Agritourism is a type of agriculture—see the definition of that term in this Dictionary.
air transport facility means an airport or a heliport that is not part of an airport, and includes associated communication and air traffic control facilities or structures.
airport means a place that is used for the landing, taking off, parking, maintenance or repair of aeroplanes, and includes associated buildings, installations, facilities and movement areas and any heliport that is part of the airport.
Note—
Airports are a type of air transport facility—see the definition of that term in this Dictionary.
airstrip means a single runway for the landing, taking off or parking of aeroplanes for private aviation only, but does not include an airport, heliport or helipad.
amusement centre means a building or place (not being part of a pub or registered club) used principally for playing—
(a)  billiards, pool or other like games, or
(b)  electronic or mechanical amusement devices, such as pinball machines, computer or video games and the like.
animal boarding or training establishment means a building or place used for the breeding, boarding, training, keeping or caring of animals for commercial purposes (other than for the agistment of horses), and includes any associated riding school or ancillary veterinary hospital.
aquaculture has the same meaning as in the Fisheries Management Act 1994. It includes oyster aquaculture, pond-based aquaculture and tank-based aquaculture.
Note—
Aquaculture is a type of agriculture—see the definition of that term in this Dictionary.
archaeological site means a place that contains one or more relics.
artisan food and drink industry means a building or place the principal purpose of which is the making or manufacture of boutique, artisan or craft food or drink products only. It must also include at least one of the following—
(a)  a retail area for the sale of the products,
(b)  the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided,
(c)  facilities for holding tastings, tours or workshops.
Note—
See clause 5.4 for controls in certain zones relating to the retail floor area of an artisan food and drink industry.
Artisan food and drink industries are a type of light industry—see the definition of that term in this Dictionary.
attached dwelling means a building containing 3 or more dwellings, where—
(a)  each dwelling is attached to another dwelling by a common wall, and
(b)  each of the dwellings is on its own lot of land, and
(c)  none of the dwellings is located above any part of another dwelling.
Note—
Attached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
attic means any habitable space, but not a separate dwelling, contained wholly within a roof above the ceiling line of the storey immediately below, except for minor elements such as dormer windows and the like.
backpackers’ accommodation means a building or place that—
(a)  provides temporary or short-term accommodation on a commercial basis, and
(b)  has shared facilities, such as a communal bathroom, kitchen or laundry, and
(c)  provides accommodation on a bed or dormitory-style basis (rather than by room).
Note—
Backpackers’ accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
basement means the space of a building where the floor level of that space is predominantly below ground level (existing) and where the floor level of the storey immediately above is less than 1 metre above ground level (existing).
battle-axe lot means a lot that has an access handle, an access corridor (a hatchet shaped lot) or a right-of-carriageway over another lot.
bed and breakfast accommodation means an existing dwelling in which temporary or short-term accommodation is provided on a commercial basis by the permanent residents of the dwelling and where—
(a)  meals are provided for guests only, and
(b)  cooking facilities for the preparation of meals are not provided within guests’ rooms, and
(c)  dormitory-style accommodation is not provided.
Note—
See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation.
Bed and breakfast accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
bee keeping means a building or place used for the keeping and breeding of bees for commercial purposes.
Note—
Bee keeping is a type of extensive agriculture—see the definition of that term in this Dictionary.
biodiversity or biological diversity means the variety of living animal and plant life from all sources, and includes diversity within and between species and diversity of ecosystems.
biosolids treatment facility means a building or place used as a facility for the treatment of biosolids from a sewage treatment plant or from a water recycling facility.
Note—
Biosolids treatment facilities are a type of sewerage system—see the definition of that term in this Dictionary.
boarding house means a building or place—
(a)  that provides residents with a principal place of residence for at least 3 months, and
(b)  that contains shared facilities, such as a communal living room, bathroom, kitchen or laundry, and
(c)  that contains rooms, some or all of which may have private kitchen and bathroom facilities, and
(d)  used to provide affordable housing, and
(e)  if not carried out by or on behalf of the Land and Housing Corporation—managed by a registered community housing provider,
but does not include backpackers’ accommodation, co-living housing, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
boat building and repair facility means any facility (including a building or other structure) used primarily for the construction, maintenance or repair of boats, whether or not including the storage, sale or hire of boats, but does not include a marina or boat shed.
boat launching ramp means a structure designed primarily for the launching of trailer borne recreational vessels, and includes associated car parking facilities.
boat shed means a building or other structure used for the storage and routine maintenance of a boat or boats and that is associated with a private dwelling or non-profit organisation, and includes any skid used in connection with the building or other structure.
brothel has the same meaning as in the Act.
Note—
This definition is relevant to the definitions of home occupation (sex services) and sex services premises in this Dictionary.
building has the same meaning as in the Act.
Note—
The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure).
building height (or height of building) means—
(a)  in relation to the height of a building in metres—the vertical distance from ground level (existing) to the highest point of the building, or
(b)  in relation to the RL of a building—the vertical distance from the Australian Height Datum to the highest point of the building,
including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.
building identification sign means a sign that identifies or names a building and that may include the name of a building, the street name and number of a building, and a logo or other symbol but does not include general advertising of products, goods or services.
Note—
Building identification signs are a type of signage—see the definition of that term in this Dictionary.
building line or setback means the horizontal distance between the property boundary or other stated boundary (measured at 90 degrees from the boundary) and—
(a)  a building wall, or
(b)  the outside face of any balcony, deck or the like, or
(c)  the supporting posts of a carport or verandah roof,
whichever distance is the shortest.
bush fire hazard reduction work has the same meaning as in the Rural Fires Act 1997.
Note—
The term is defined as follows—
bush fire hazard reduction work means—
(a)  the establishment or maintenance of fire breaks on land, and
(b)  the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area to mitigate against the spread of a bush fire,
but does not include construction of a track, trail or road.
bush fire prone land has the same meaning as in the Act.
Note—
The term is defined, in relation to an area, as land recorded for the time being as bush fire prone land on a map for the area certified as referred to in section 10.3(2) of the Act.
bush fire risk management plan means a plan prepared under Division 4 of Part 3 of the Rural Fires Act 1997 for the purpose referred to in section 54 of that Act.
business identification sign means a sign—
(a)  that indicates—
(i)  the name of the person or business, and
(ii)  the nature of the business carried on by the person at the premises or place at which the sign is displayed, and
(b)  that may include the address of the premises or place and a logo or other symbol that identifies the business,
but that does not contain any advertising relating to a person who does not carry on business at the premises or place.
Note—
Business identification signs are a type of signage—see the definition of that term in this Dictionary.
business premises means a building or place at or on which—
(a)  an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or
(b)  a service is provided directly to members of the public on a regular basis,
and includes funeral homes, goods repair and reuse premises and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, betting agencies and the like, but does not include an entertainment facility, home business, home occupation, home occupation (sex services), medical centre, restricted premises, sex services premises or veterinary hospital.
Note—
Business premises are a type of commercial premises—see the definition of that term in this Dictionary.
camping ground means an area of land, with access to communal amenities, used for the short term placement of campervans, tents, annexes or other similar portable and lightweight temporary shelters for accommodation and includes a primitive camping ground but does not include—
(a)  a caravan park, or
(b)  farm stay accommodation.
canal estate development—see clause 2.9.
car park means a building or place primarily used for the purpose of parking motor vehicles, including any manoeuvring space and access thereto, whether operated for gain or not.
caravan park means an area of land, with access to communal amenities, used for the installation or placement of caravans, or caravans and other moveable dwellings, but does not include farm stay accommodation.
catchment action plan has the same meaning as in the Catchment Management Authorities Act 2003.
Note—
The term is defined as a catchment action plan of an authority that has been approved by the Minister under Part 4 of the Catchment Management Authorities Act 2003.
cellar door premises means a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area.
Note—
Cellar door premises are a type of farm gate premises—see the definition of that term in this Dictionary.
cemetery means a building or place used primarily for the interment of deceased persons or pets or their ashes, whether or not it contains an associated building for conducting memorial services.
charter and tourism boating facility means any facility (including a building or other structure) used for charter boating or tourism boating purposes, being a facility that is used only by the operators of the facility and that has a direct structural connection between the foreshore and the waterway, but does not include a marina.
centre-based child care facility means—
(a)  a building or place used for the education and care of children that provides any one or more of the following—
(i)  long day care,
(ii)  occasional child care,
(iii)  out-of-school-hours care (including vacation care),
(iv)  preschool care, or
(b)  an approved family day care venue (within the meaning of the Children (Education and Care Services) National Law (NSW)),
Note—
An approved family day care venue is a place, other than a residence, where an approved family day care service (within the meaning of the Children (Education and Care Services) National Law (NSW)) is provided.
but does not include—
(c)  a building or place used for home-based child care or school-based child care, or
(d)  an office of a family day care service (within the meanings of the Children (Education and Care Services) National Law (NSW)), or
(e)  a babysitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or
(f)  a child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium) to care for children while the children’s parents are using the facility, or
(g)  a service that is concerned primarily with providing lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or providing private tutoring, or
(h)  a child-minding service that is provided by or in a health services facility, but only if the service is established, registered or licensed as part of the institution operating in the facility.
Note—
Centre-based child care facilities are a type of early education and care facility—see the definition of that term in this Dictionary.
City Centre means the land identified as “Penrith City Centre” on the Clause Application Map.
classified road has the same meaning as in the Roads Act 1993.
Note—
The term is defined as follows—
classified road means any of the following—
(a)  a main road,
(b)  a highway,
(c)  a freeway,
(d)  a controlled access road,
(e)  a secondary road,
(f)  a tourist road,
(g)  a tollway,
(h)  a transitway,
(i)  a State work.
(See Roads Act 1993 for meanings of these terms.)
Clause Application Map means the Penrith Local Environmental Plan 2010 Clause Application Map.
clearing native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.
clearing vegetation has the same meaning as in State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2.
coastal hazard has the same meaning as in the Coastal Management Act 2016.
coastal lake means a body of water specified in State Environmental Planning Policy (Resilience and Hazards) 2021, Schedule 1.
coastal protection works has the same meaning as in the Coastal Management Act 2016.
coastal waters of the State—see section 58 of the Interpretation Act 1987.
coastal zone has the same meaning as in the Coastal Management Act 2016.
co-living housing means a building or place that—
(a)  has at least 6 private rooms, some or all of which may have private kitchen and bathroom facilities, and
(b)  provides occupants with a principal place of residence for at least 3 months, and
(c)  has shared facilities, such as a communal living room, bathroom, kitchen or laundry, maintained by a managing agent, who provides management services 24 hours a day,
but does not include backpackers’ accommodation, a boarding house, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.
Note—
Co-living housing is a type of residential accommodation—see the definition of that term in this Dictionary.
commercial farm means a farm on which agriculture is undertaken that is—
(a)  on land categorised as farmland under the Local Government Act 1993, section 515, or
(b)  a primary production business within the meaning of the Income Tax Assessment Act 1997 of the Commonwealth, or part of a primary production business, including a business that—
(i)  was a primary production business, and
(ii)  has temporarily ceased to be a primary production business because of a natural disaster, including a drought, flood or bush fire.
commercial premises means any of the following—
(a)  business premises,
(b)  office premises,
(c)  retail premises.
community facility means a building or place—
(a)  owned or controlled by a public authority or non-profit community organisation, and
(b)  used for the physical, social, cultural or intellectual development or welfare of the community,
but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.
community land has the same meaning as in the Local Government Act 1993.
correctional centre means—
(a)  any premises declared to be a correctional centre by a proclamation in force under section 225 of the Crimes (Administration of Sentences) Act 1999, including any juvenile correctional centre or periodic detention centre, and
(b)  any premises declared to be a detention centre by an order in force under section 5 (1) of the Children (Detention Centres) Act 1987,
but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act.
Council means the Penrith City Council.
creative industry means a building or place the principal purpose of which is to produce or demonstrate arts, crafts, design or other creative products, and includes artists’ studios, recording studios, and set design and production facilities.
Note—
Creative industries are a type of light industry—see the definition of that term in this Dictionary.
crematorium means a building or place in which deceased persons or pets are cremated or processed by alkaline hydrolysis, whether or not the building or place contains an associated building for conducting memorial services.
curtilage, in relation to a heritage item or conservation area, means the area of land (including land covered by water) surrounding a heritage item, a heritage conservation area, or building, work or place within a heritage conservation area, that contributes to its heritage significance.
dairy (pasture-based) means a dairy that is conducted on a commercial basis where the only restriction facilities present are milking sheds and holding yards and where cattle generally feed by grazing on living grasses and other plants on the land and are constrained for no more than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief).
Note—
Dairies (pasture-based) are a type of extensive agriculture—see the definition of that term in this Dictionary.
dairy (restricted) means a dairy that is conducted on a commercial basis where restriction facilities (in addition to milking sheds and holding yards) are present and where cattle have access to grazing for less than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief). It may comprise the whole or part of a restriction facility.
Note—
Dairies (restricted) are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
data centre means a building or place the principal purpose of which is to collect, distribute, process or store electronic data using information technology.
Note—
Data centres are a type of high technology industry—see the definition of that term in this Dictionary.
demolish, in relation to a heritage item or an Aboriginal object, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item, Aboriginal object or building, work, relic or tree.
depot means a building or place used for the storage (but not sale or hire) of plant, machinery or other goods (that support the operations of an existing undertaking) when not required for use, but does not include a farm building.
designated State public infrastructure means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds—
(a)  State and regional roads,
(b)  bus interchanges and bus lanes,
(c)  land required for regional open space,
(d)  land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).
drainage means any activity that intentionally alters the hydrological regime of any locality by facilitating the removal of surface or ground water. It may include the construction, deepening, extending, opening, installation or laying of any canal, drain or pipe, either on the land or in such a manner as to encourage drainage of adjoining land.
dual occupancy means a dual occupancy (attached) or a dual occupancy (detached).
Note—
Dual occupancies are a type of residential accommodation—see the definition of that term in this Dictionary.
dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.
Note—
Dual occupancies (attached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dual occupancy (detached) means 2 detached dwellings on one lot of land, but does not include a secondary dwelling.
Note—
Dual occupancies (detached) are a type of dual occupancy—see the definition of that term in this Dictionary.
dwelling means a room or suite 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 building containing only one dwelling.
Note—
Dwelling houses are a type of residential accommodation—see the definition of that term in this Dictionary.
early education and care facility means a building or place used for the education and care of children, and includes any of the following—
(a)  a centre-based child care facility,
(b)  home-based child care,
(c)  school-based child care.
earthworks means excavation or filling.
ecologically sustainable development has the same meaning as in the Act.
eco-tourist facility means a building or place that—
(a)  provides temporary or short-term accommodation to visitors on a commercial basis, and
(b)  is located in or adjacent to an area with special ecological or cultural features, and
(c)  is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact.
It may include facilities that are used to provide information or education to visitors and to exhibit or display items.
Note—
See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities.
Eco-tourist facilities are not a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
educational establishment means a building or place used for education (including teaching), being—
(a)  a school, or
(b)  a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act.
electricity generating works means a building or place used for the purpose of—
(a)  making or generating electricity, or
(b)  electricity storage.
emergency services facility means a building or place (including a helipad) used in connection with the provision of emergency services by an emergency services organisation.
emergency services organisation means any of the following—
(a)  Ambulance Service of New South Wales,
(b)  Fire and Rescue NSW,
(c)  NSW Rural Fire Service,
(d)  NSW Police Force,
(e)  State Emergency Service,
(f)  New South Wales Volunteer Rescue Association Incorporated,
(g)  New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,
(h)  an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.
entertainment facility means a theatre, cinema, music hall, concert hall, dance hall and the like, but does not include a pub or registered club.
environmental facility means a building or place that provides for the recreational use or scientific study of natural systems, and includes walking tracks, seating, shelters, board walks, observation decks, bird hides or the like, and associated display structures.
environmental protection works means works associated with the rehabilitation of land towards its natural state or any work to protect land from environmental degradation, and includes bush regeneration works, wetland protection works, erosion protection works, dune restoration works and the like, but does not include coastal protection works.
estuary has the same meaning as in the Water Management Act 2000.
Note—
The term is defined as follows—
estuary means—
(a)  any part of a river whose level is periodically or intermittently affected by coastal tides, or
(b)  any lake or other partially enclosed body of water that is periodically or intermittently open to the sea, or
(c)  anything declared by the regulations (under the Water Management Act 2000) to be an estuary,
but does not include anything declared by the regulations (under the Water Management Act 2000) not to be an estuary.
excavation means the removal of soil or rock, whether moved to another part of the same site or to another site, but does not include garden landscaping that does not significantly alter the shape, natural form or drainage of the land.
exhibition home means a dwelling built for the purposes of the public exhibition and marketing of new dwellings, whether or not it is intended to be sold as a private dwelling after its use for those purposes is completed, and includes any associated sales or home finance office or place used for displays.
exhibition village means 2 or more exhibition homes and associated buildings and places used for house and land sales, site offices, advisory services, car parking, food and drink sales and other associated purposes.
extensive agriculture means any of the following—
(a)  the production of crops or fodder (including irrigated pasture and fodder crops) for commercial purposes,
(b)  the grazing of livestock (other than pigs and poultry) for commercial purposes on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the livestock,
(c)  bee keeping,
(d)  a dairy (pasture-based) where the animals generally feed by grazing on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the animals.
Note—
Extensive agriculture is a type of agriculture—see the definition of that term in this Dictionary.
extractive industry means the winning or removal of extractive materials (otherwise than from a mine) by methods such as excavating, dredging, tunnelling or quarrying, including the storing, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing or separating, but does not include turf farming.
Note—
Extractive industries are not a type of industry—see the definition of that term in this Dictionary.
extractive material means sand, soil, gravel, rock or similar substances that are not minerals within the meaning of the Mining Act 1992.
farm building means a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling.
farm experience premises means a building or place—
(a)  on a commercial farm, and
(b)  ancillary to the farm, and
(c)  used to provide visitors to the farm, on a commercial basis, with small-scale and low-impact tourist or recreational activities, including the following, but not including motor sports—
(i)  horse riding,
(ii)  farm tours,
(iii)  functions or conferences,
(iv)  farm field days.
Note—
Farm experience premises are a type of agritourism—see the definition of that term in this Dictionary.
farm gate premises—
(a)  means a building or place—
(i)  on a commercial farm, and
(ii)  ancillary to the farm, and
(iii)  used to provide visitors to the farm, on a commercial basis, with agricultural products predominantly from the farm, supplemented by products from other farms in the region, or with services or activities related to the products, including the following—
(A)  processing, packaging and sale of the products, but not the processing of animals,
(B)  the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided,
(C)  tastings or workshops,
(D)  the provision of information or education related to the products, and
(b)  includes cellar door premises.
Note—
Farm gate premises are a type of agritourism—see the definition of that term in this Dictionary.
farm stay accommodation means a building or place—
(a)  on a commercial farm, and
(b)  ancillary to the farm, and
(c)  used to provide temporary accommodation to paying guests of the farm, including in buildings or moveable dwellings.
Note—
Farm stay accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
feedlot means a confined or restricted area that is operated on a commercial basis to rear and fatten cattle, sheep or other animals, but does not include a poultry farm, dairy or pig farm.
Note—
Feedlots are a type of intensive livestock agriculture. Intensive livestock agriculture does not include extensive agriculture. See the definitions of those terms in this Dictionary.
fill means the depositing of soil, rock or other similar extractive material obtained from the same or another site, but does not include—
(a)  the depositing of topsoil or feature rock imported to the site that is intended for use in garden landscaping, turf or garden bed establishment or top dressing of lawns and that does not significantly alter the shape, natural form or drainage of the land, or
(b)  the use of land as a waste disposal facility.
filming means recording images (whether on film or video tape or electronically or by other means) for exhibition or broadcast (such as by cinema, television or the internet or by other means), but does not include—
(a)  still photography, or
(b)  recording images of a wedding ceremony or other private celebration or event principally for the purpose of making a record for the participants in the ceremony, celebration or event, or
(c)  recording images as a visitor or tourist for non-commercial purposes, or
(d)  recording for the immediate purposes of a television program that provides information by way of current affairs or daily news.
fish has the same meaning as in the Fisheries Management Act 1994.
Note—
The term is defined as follows—
Definition of “fish”
(1)  
Fish means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead).
(2)  
Fish includes—
(a)  oysters and other aquatic molluscs, and
(b)  crustaceans, and
(c)  echinoderms, and
(d)  beachworms and other aquatic polychaetes.
(3)  
Fish also includes any part of a fish.
(4)  
However, fish does not include whales, mammals, reptiles, birds, amphibians or other things excluded from the definition by the regulations under the Fisheries Management Act 1994.
flood mitigation work means work designed and constructed for the express purpose of mitigating flood impacts. It involves changing the characteristics of flood behaviour to alter the level, location, volume, speed or timing of flood waters to mitigate flood impacts. Types of works may include excavation, construction or enlargement of any fill, wall, or levee that will alter riverine flood behaviour, local overland flooding, or tidal action so as to mitigate flood impacts.
floor space ratio—see clause 4.5.
Floor Space Ratio Map means the Penrith Local Environmental Plan 2010 Floor Space Ratio Map.
food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following—
(a)  a restaurant or cafe,
(b)  take away food and drink premises,
(c)  a pub,
(d)  a small bar.
Note—
Food and drink premises are a type of retail premises—see the definition of that term in this Dictionary.
forestry means forestry operations within the meaning of the Forestry Act 2012 or Part 5B of the Local Land Services Act 2013.
freight transport facility means a facility used principally for the bulk handling of goods for transport by road, rail, air or sea, including any facility for the loading and unloading of vehicles, aircraft, vessels or containers used to transport those goods and for the parking, holding, servicing or repair of those vehicles, aircraft or vessels or for the engines or carriages involved.
function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.
funeral home means premises that are used to arrange, conduct and cater for funerals and memorial services, whether or not the premises include facilities for the short-term storage, dressing and viewing of bodies of deceased persons.
Note—
Funeral homes are a type of business premises—see the definition of that term in this Dictionary.
garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may include a restaurant or cafe and the sale of any of” the following—
(a)  outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas,
(b)  pets and pet supplies,
(c)  fresh produce.
Note—
Garden centres are a type of retail premises—see the definition of that term in this Dictionary.
general industry means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity.
Note—
General industries are a type of industry—see the definition of that term in this Dictionary.
goods repair and reuse premises means a building or place the principal purpose of which is to collect, repair or refurbish goods, including furniture and appliances, for the purposes of sale, hire or swap, and includes premises known as op shops.
Note—
Goods repair and reuse premises are a type of business premises—see the definition of that term in this Dictionary.
gross floor area means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, and includes—
(a)  the area of a mezzanine, and
(b)  habitable rooms in a basement or an attic, and
(c)  any shop, auditorium, cinema, and the like, in a basement or attic,
but excludes—
(d)  any area for common vertical circulation, such as lifts and stairs, and
(e)  any basement—
(i)  storage, and
(ii)  vehicular access, loading areas, garbage and services, and
(f)  plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and
(g)  car parking to meet any requirements of the consent authority (including access to that car parking), and
(h)  any space used for the loading or unloading of goods (including access to it), and
(i)  terraces and balconies with outer walls less than 1.4 metres high, and
(j)  voids above a floor at the level of a storey or storey above.
ground level (existing) means the existing level of a site at any point.
ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which consent has been granted or that is exempt development.
ground level (mean) means, for any site on which a building is situated or proposed, one half of the sum of the highest and lowest levels at ground level (finished) of the outer surface of the external walls of the building.
group home means a permanent group home or a transitional group home.
Note—
Group homes are a type of residential accommodation—see the definition of that term in this Dictionary.
group home (permanent) or permanent group home means a dwelling—
(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b)  that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,
but does not include development to which State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 5 applies.
Note—
Permanent group homes are a type of group home—see the definition of that term in this Dictionary.
group home (transitional) or transitional group home means a dwelling—
(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and
(b)  that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people,
but does not include development to which State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 5 applies.
Note—
Transitional group homes are a type of group home—see the definition of that term in this Dictionary.
hardware and building supplies means a building or place the principal purpose of which is the sale or hire of goods or materials, such as household fixtures, timber, tools, paint, wallpaper, plumbing supplies and the like, that are used in the construction and maintenance of buildings and adjacent outdoor areas.
Note—
Hardware and building supplies are a type of retail premises—see the definition of that term in this Dictionary.
hazardous industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), pose a significant risk in the locality—
(a)  to human health, life or property, or
(b)  to the biophysical environment.
Note—
Hazardous industries are a type of heavy industry—see the definition of that term in this Dictionary.
hazardous storage establishment means a building or place that is used for the storage of goods, materials or products and that would, 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 the building or place from existing or likely future development on other land in the locality), pose a significant risk in the locality—
(a)  to human health, life or property, or
(b)  to the biophysical environment.
Note—
Hazardous storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
headland includes a promontory extending from the general line of the coastline into a large body of water, such as a sea, coastal lake or bay.
health care professional means any person registered under an Act for the purpose of providing health care.
health consulting rooms means premises comprising one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals at any one time.
Note—
Health consulting rooms are a type of health services facility—see the definition of that term in this Dictionary.
health services facility means a building or place used to provide medical or other services relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or treatment of injury to persons, and includes any of the following—
(a)  a medical centre,
(b)  community health service facilities,
(c)  health consulting rooms,
(d)  patient transport facilities, including helipads and ambulance facilities,
(e)  hospital.
heavy industrial storage establishment means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and that requires separation from other development because of the nature of the processes involved, or the goods, materials, plant or machinery stored, and includes any of the following—
(a)  a hazardous storage establishment,
(b)  a liquid fuel depot,
(c)  an offensive storage establishment.
heavy industry means a building or place used to carry out an industrial activity that requires separation from other development because of the nature of the processes involved, or the materials used, stored or produced, and includes—
(a)  hazardous industry, or
(b)  offensive industry.
It may also involve the use of a hazardous storage establishment or offensive storage establishment.
Note—
Heavy industries are a type of industry—see the definition of that term in this Dictionary.
Height of Buildings Map means the Penrith Local Environmental Plan 2010 Height of Buildings Map.
helipad means a place not open to the public used for the taking off and landing of helicopters.
heliport means a place open to the public that is used for the taking off and landing of helicopters, whether or not it includes—
(a)  a terminal building, or
(b)  facilities for the parking, storage or repair of helicopters.
Note—
Heliports are a type of air transport facility—see the definition of that term in this Dictionary.
heritage conservation area means an area of land of heritage significance—
(a)  shown on the Heritage Map as a heritage conservation area, and
(b)  the location and nature of which is described in Schedule 5,
and includes any heritage items situated on or within that area.
heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Public Service agency responsible to the Minister administering the Heritage Act 1977 that documents the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
heritage impact statement means a document consisting of—
(a)  a statement demonstrating the heritage significance of a heritage item or heritage conservation area, and
(b)  an assessment of the impact that proposed development will have on that significance, and
(c)  proposals for measures to minimise that impact.
heritage item means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5.
Note—
An inventory of heritage items is also available at the office of the Council.
heritage management document means—
(a)  a heritage conservation management plan, or
(b)  a heritage impact statement, or
(c)  any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.
Heritage Map means the Penrith Local Environmental Plan 2010 Heritage Map.
heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
high technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following—
(a)  electronic or micro-electronic systems, goods or components,
(b)  information technology (such as computer software or hardware),
(c)  instrumentation or instruments of a scientific, industrial, technological, medical or similar nature,
(d)  biological, pharmaceutical, medical or paramedical systems, goods or components,
(e)  film, television or multi-media technologies, including any post production systems, goods or components,
(f)  telecommunications systems, goods or components,
(g)  sustainable energy technologies,
(h)  any other goods, systems or components intended for use in a science or technology related field,
and includes a data centre, but does not include a building or place used to carry out an industrial activity that presents a hazard or potential hazard to the neighbourhood or that, because of the scale and nature of the processes involved, interferes with the amenity of the neighbourhood.
Note—
High technology industries are a type of light industry—see the definition of that term in this Dictionary.
highway service centre means a building or place used to provide refreshments and vehicle services to highway users. It may include any one or more of the following—
(a)  a restaurant or cafe,
(b)  take away food and drink premises,
(c)  service stations and facilities for emergency vehicle towing and repairs,
(d)  parking for vehicles,
(e)  rest areas and public amenities.
home-based child care means a family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)) at which the education and care service is provided at any one time to no more than 7 children (including any child of the person providing the service) all of whom are under the age of 13 years and no more than 4 of whom are children who do not ordinarily attend school.
Note 1—
A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care service—see the Children (Education and Care Services) National Law (NSW).
Note 2—
Home-based child care is a type of early education and care facility—see the definition of that term in this Dictionary.
home business means a business, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—
(a)  the employment of more than 2 persons other than the residents,
(b)  interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,
(c)  the exposure to view, from adjacent premises or from a public place, of unsightly matter,
(d)  the exhibition of signage, other than a business identification sign,
(e)  the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
Note—
See clause 5.4 for controls relating to the floor area used for a home business.
home industry means an industrial activity, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—
(a)  the employment of more than 2 persons other than the residents,
(b)  interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,
(c)  the exposure to view, from adjacent premises or from a public place, of unsightly matter,
(d)  the exhibition of signage, other than a business identification sign,
(e)  the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,
but does not include bed and breakfast accommodation or sex services premises.
Note—
See clause 5.4 for controls relating to the floor area used for a home industry.
Home industries are a type of light industry—see the definition of that term in this Dictionary.
home occupation means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve—
(a)  the employment of persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
(c)  the display of goods, whether in a window or otherwise, or
(d)  the exhibition of any signage (other than a business identification sign), or
(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
home occupation (sex services) means the provision of sex services in a dwelling that is a brothel, or in a building that is a brothel and is ancillary to such a dwelling, by no more than 2 permanent residents of the dwelling and that does not involve—
(a)  the employment of persons other than those residents, or
(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or
(c)  the exhibition of any signage, or
(d)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
but does not include a home business or sex services premises.
horticulture means the cultivation of fruits, vegetables, mushrooms, nuts, cut flowers and foliage and nursery products for commercial purposes, but does not include a plant nursery, turf farming or viticulture.
Note—
Horticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
hospital means a building or place used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, psychiatric care or care for people with disabilities, or counselling services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes ancillary facilities for (or that consist of) any of the following—
(a)  day surgery, day procedures or health consulting rooms,
(b)  accommodation for nurses or other health care workers,
(c)  accommodation for persons receiving health care or for their visitors,
(d)  shops, kiosks, restaurants or cafes or take away food and drink premises,
(e)  patient transport facilities, including helipads, ambulance facilities and car parking,
(f)  educational purposes or any other health-related use,
(g)  research purposes (whether or not carried out by hospital staff or health care workers or for commercial purposes),
(h)  chapels,
(i)  hospices,
(j)  mortuaries.
Note—
Hospitals are a type of health services facility—see the definition of that term in this Dictionary.
hostel means premises that are generally staffed by social workers or support providers and at which—
(a)  residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and
(b)  cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.
Note—
Hostels are a type of residential accommodation—see the definition of that term in this Dictionary.
hotel or motel accommodation means a building or place (whether or not licensed premises under the Liquor Act 2007) that provides temporary or short-term accommodation on a commercial basis and that—
(a)  comprises rooms or self-contained suites, and
(b)  may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,
but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.
Note—
Hotel or motel accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
independent living unit means a dwelling or part of a building, whether or not attached to another dwelling—
(a)  used to house seniors or people with a disability, and
(b)  containing private facilities for cooking, sleeping and bathing, and
(c)  where clothes washing facilities or other facilities for use in connection with the dwelling or part of a building may be provided on a shared basis,
but does not include a hostel.
Note—
Independent living units are a type of seniors housing—see the definition of that term in this Dictionary.
industrial activity means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.
industrial retail outlet means a building or place that—
(a)  is used in conjunction with an industry (other than an artisan food and drink industry) or rural industry, and
(b)  is situated on the land on which the industry or rural industry is located, and
(c)  is used for the display or sale (whether by retail or wholesale) of only those goods that have been manufactured on the land on which the industry or rural industry is located,
but does not include a warehouse or distribution centre.
Note—
See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet.
industrial training facility means a building or place used in connection with vocational training in an activity (such as forklift or truck driving, welding or carpentry) that is associated with an industry, rural industry, extractive industry or mining, but does not include an educational establishment, business premises or retail premises.
industry means any of the following—
(a)  general industry,
(b)  heavy industry,
(c)  light industry,
but does not include—
(d)  rural industry, or
(e)  extractive industry, or
(f)  mining.
information and education facility means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like.
intensive livestock agriculture means the keeping or breeding, for commercial purposes, of cattle, poultry, pigs, goats, horses, sheep or other livestock, and includes any of the following—
(a)  dairies (restricted),
(b)  feedlots,
(c)  pig farms,
(d)  poultry farms,
but does not include extensive agriculture, aquaculture or the operation of facilities for drought or similar emergency relief.
Note—
Intensive livestock agriculture is a type of agriculture—see the definition of that term in this Dictionary.
intensive plant agriculture means any of the following—
(a)  the cultivation of irrigated crops for commercial purposes (other than irrigated pasture or fodder crops),
(b)  horticulture,
(c)  turf farming,
(d)  viticulture.
Note—
Intensive plant agriculture is a type of agriculture—see the definition of that term in this Dictionary.
internal lot means a lot the only means of access to which is an access corridor (a hatchet-shaped lot) or a right-of-carriageway over another lot.
jetty means a horizontal decked walkway providing access from the shore to the waterway and is generally constructed on a piered or piled foundation.
Key Sites Map means the Penrith Local Environmental Plan 2010 Key Sites Map.
kiosk means premises that are used for the purposes of selling food, light refreshments and other small convenience items.
Note—
See clause 5.4 for controls relating to the gross floor area of a kiosk.
Kiosks are a type of retail premises—see the definition of that term in this Dictionary.
Land Application Map means the Penrith Local Environmental Plan 2010 Land Application Map.
Land Reclassification (Part Lots) Map means the Penrith Local Environmental Plan 2010 Land Reclassification (Part Lots) Map.
Land Reservation Acquisition Map means the Penrith Local Environmental Plan 2010 Land Reservation Acquisition Map.
Land Zoning Map means the Penrith Local Environmental Plan 2010 Land Zoning Map.
landholding means an area of land—
(a)  constituted or worked as a single property, and
(b)  if comprising more than 1 lot—the lots are—
(i)  contiguous, or
(ii)  separated only by a road or watercourse.
landscaped area means a part of a site used for growing plants, grasses and trees, but does not include any building, structure or hard paved area.
landscaping material supplies means a building or place used for the storage and sale of landscaping supplies such as soil, gravel, potting mix, mulch, sand, railway sleepers, screenings, rock and the like.
Note—
Landscaping material supplies are a type of retail premises—see the definition of that term in this Dictionary.
light industry means a building or place used to carry out an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and includes any of the following—
(a)  high technology industry,
(b)  home industry,
(c)  artisan food and drink industry,
(d)  creative industry.
Note—
Light industries are a type of industry—see the definition of that term in this Dictionary.
liquid fuel depot means premises used for the bulk storage of petrol, oil, petroleum or other inflammable liquid for wholesale distribution and at which no retail trade is conducted.
Note—
Liquid fuel depots are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
livestock processing industry means a building or place used for the commercial production of products derived from the slaughter of animals (including poultry) or the processing of skins or wool of animals and includes abattoirs, knackeries, tanneries, woolscours and rendering plants.
Note—
Livestock processing industries are a type of rural industry—see the definition of that term in this Dictionary.
local distribution premises means a building or place used for the storage or handling of items (whether goods or materials) pending their delivery to people and businesses in the local area, but from which no retail sales are made.
Lot Size Map means the Penrith Local Environmental Plan 2010 Lot Size Map.
maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but does not include the removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology.
manufactured home has the same meaning as in the Local Government Act 1993.
marina means a permanent boat storage facility (whether located wholly on land, wholly on a waterway or partly on land and partly on a waterway), and includes any of the following associated facilities—
(a)  any facility for the construction, repair, maintenance, storage, sale or hire of boats,
(b)  any facility for providing fuelling, sewage pump-out or other services for boats,
(c)  any facility for launching or landing boats, such as slipways or hoists,
(d)  any car parking or commercial, tourist or recreational or club facility that is ancillary to the boat storage facility,
(e)  any berthing or mooring facilities.
market means an open-air area, or an existing building, that is used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.
Note—
Markets are a type of retail premises—see the definition of that term in this Dictionary.
mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore, being 1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height Datum.
medical centre means premises that are used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals. It may include the ancillary provision of other health services.
Note—
Medical centres are a type of health services facility—see the definition of that term in this Dictionary.
mezzanine means an intermediate floor within a room.
mine means any place (including any excavation) where an operation is carried on for mining of any mineral by any method and any place on which any mining related work is carried out, but does not include a place used only for extractive industry.
mine subsidence district means a mine subsidence district proclaimed under section 15 of the Mine Subsidence Compensation Act 1961.
mining means mining carried out under the Mining Act 1992 or the recovery of minerals under the Offshore Minerals Act 1999, and includes—
(a)  the construction, operation and decommissioning of associated works, and
(b)  the rehabilitation of land affected by mining.
Note—
Mining is not a type of industry—see the definition of that term in this Dictionary.
mixed use development means a building or place comprising 2 or more different land uses.
mooring means a detached or freestanding apparatus located on or in a waterway and that is capable of securing a vessel, but does not include a mooring pen.
mooring pen means an arrangement of freestanding piles or other restraining devices designed or used for the purpose of berthing a vessel.
mortuary means premises that are used, or intended to be used, for the receiving, preparation, embalming and storage of bodies of deceased persons pending their interment or cremation.
moveable dwelling has the same meaning as in the Local Government Act 1993.
Note—
The term is defined as follows—
moveable dwelling means—
(a)  any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or
(b)  a manufactured home, or
(c)  any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.
multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.
Note—
Multi dwelling housing is a type of residential accommodation—see the definition of that term in this Dictionary.
native fauna means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate (including fish) or invertebrate and in any stage of biological development, but does not include humans.
native flora means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, and marine vegetation within the meaning of Part 7A of the Fisheries Management Act 1994.
native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.
Natural Resources Sensitivity Land Map means the Penrith Local Environmental Plan 2010 Natural Resources Sensitivity Land Map.
navigable waterway means any waterway that is from time to time capable of navigation and is open to or used by the public for navigation, but does not include flood waters that have temporarily flowed over the established bank of a watercourse.
neighbourhood shop means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, but does not include neighbourhood supermarkets or restricted premises.
Note—
See clause 5.4 for controls relating to the retail floor area of neighbourhood shops.
Neighbourhood shops are a type of shop—see the definition of that term in this Dictionary.
neighbourhood supermarket means premises the principal purpose of which is the sale of groceries and foodstuffs to provide for the needs of people who live or work in the local area.
Note—
See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets.
Neighbourhood supermarkets are a type of shop—see the definition of that term in this Dictionary.
nominated State heritage item means a heritage item that—
(a)  has been identified as an item of State significance in a publicly exhibited heritage study adopted by the Council, and
(b)  the Council has, by notice in writing to the Heritage Council, nominated as an item of potential State significance.
non-potable water means water that does not meet the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
offensive industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note—
Offensive industries are a type of heavy industry—see the definition of that term in this Dictionary.
offensive storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
Note—
Offensive storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.
office premises means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used.
Note—
Office premises are a type of commercial premises—see the definition of that term in this Dictionary.
open cut mining means mining carried out on, and by excavating, the earth’s surface, but does not include underground mining.
operational land has the same meaning as in the Local Government Act 1993.
oyster aquaculture means the cultivation of any species of edible oyster for a commercial purpose.
Note—
Oyster aquaculture is a type of aquaculture—see the definition of that term in this Dictionary.
parking space means a space dedicated for the parking of a motor vehicle, including any manoeuvring space and access to it, but does not include a car park.
passenger transport facility means a building or place used for the assembly or dispersal of passengers by any form of transport, including facilities required for parking, manoeuvring, storage or routine servicing of any vehicle that uses the building or place.
people who are socially disadvantaged means—
(a)  people who are disadvantaged because of their alcohol or drug dependence, extreme poverty, psychological disorder or other similar disadvantage, or
(b)  people who require protection because of domestic violence or upheaval.
people with a disability means people of any age who, as a result of having an intellectual, psychiatric, sensory, physical or similar impairment, or a combination of such impairments, either permanently or for an extended period, have substantially limited opportunities to enjoy full and active lives.
pig farm means land that is used to keep or breed pigs for animal production, whether an indoor, outdoor, free-range or other type of operation.
Note—
Pig farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.
plant nursery means a building or place the principal purpose of which is the retail sale of plants that are grown or propagated on site or on an adjacent site. It may include the on-site sale of any such plants by wholesale and, if ancillary to the principal purpose for which the building or place is used, the sale of landscape and gardening supplies and equipment and the storage of these items.
Note—
Plant nurseries are a type of retail premises—see the definition of that term in this Dictionary.
pond-based aquaculture means aquaculture undertaken predominantly in ponds, raceways or dams (including any part of the aquaculture undertaken in tanks such as during the hatchery or depuration phases), but not including natural water-based aquaculture.
Note—
Pond-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical pond-based aquaculture is the pond culture of prawns, yabbies or silver perch.
port facilities means any of the following facilities at or in the vicinity of a designated port within the meaning of section 47 of the Ports and Maritime Administration Act 1995—
(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c)  wharves for commercial fishing operations,
(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e)  sea walls or training walls,
(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
potable water means water that meets the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.
poultry farm means land that is used to keep or breed poultry for animal production, whether for meat or egg production (or both) and whether an indoor, outdoor, free-range or other type of operation.
Note—
Poultry farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.
primitive camping ground means a camping ground approved under the Local Government Act 1993, Chapter 7, Part 1 as a primitive camping ground.
Note—
Primitive camping ground is a type of camping ground—see the definition of that term in this Dictionary.
private open space means an area external to a building (including an area of land, terrace, balcony or deck) that is used for private outdoor purposes ancillary to the use of the building.
property vegetation plan mean a property vegetation plan approved under Part 4 of the Native Vegetation Act 2003 before the repeal of that Act (as continued in force by the regulations under the Biodiversity Conservation Act 2016).
pub means licensed premises under the Liquor Act 2007 the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises.
Note—
Pubs are a type of food and drink premises—see the definition of that term in this Dictionary.
public administration building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes, and includes a courthouse or a police station.
public authority has the same meaning as in the Act.
public land has the same meaning as in the Local Government Act 1993.
public reserve has the same meaning as in the Local Government Act 1993.
public utility infrastructure, in relation to an urban release area, includes infrastructure for any of the following—
(a)  the supply of water,
(b)  the supply of electricity,
(c)  the disposal and management of sewage.
public utility undertaking means any of the following undertakings carried on or permitted to be carried on by or by authority of any Public Service agency or under the authority of or in pursuance of any Commonwealth or State Act—
(a)  railway, road transport, water transport, air transport, wharf or river undertakings,
(b)  undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,
and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Public Service agency, corporation, firm or authority carrying on the undertaking.
rainwater tank means a tank designed for the storage of rainwater gathered on the land on which the tank is situated.
recreation area means a place used for outdoor recreation that is normally open to the public, and includes—
(a)  a children’s playground, or
(b)  an area used for community sporting activities, or
(c)  a public park, reserve or garden or the like,
and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).
recreation facility (indoor) means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club.
recreation facility (major) means a building or place used for large-scale sporting or recreation activities that are attended by large numbers of people whether regularly or periodically, and includes theme parks, sports stadiums, showgrounds, racecourses and motor racing tracks.
recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).
Reduced Level (RL) means height above the Australian Height Datum, being the datum surface approximating mean sea level that was adopted by the National Mapping Council of Australia in May 1971.
registered club means a club that holds a club licence under the Liquor Act 2007.
registered community housing provider has the same meaning as in the Community Housing Providers (Adoption of National Law) Act 2012, section 13.
relic has the same meaning as in the Heritage Act 1977.
Note—
The term is defined as follows—
relic means any deposit, artefact, object or material evidence that—
(a)  relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and
(b)  is of State or local heritage significance.
research station means a building or place operated by a public authority for the principal purpose of agricultural, environmental, fisheries, forestry, minerals or soil conservation research, and includes any associated facility for education, training, administration or accommodation.
residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following—
(a)  attached dwellings,
(b)  boarding houses,
(baa)  co-living housing,
(c)  dual occupancies,
(d)  dwelling houses,
(e)  group homes,
(f)  hostels,
(faa)    (Repealed)
(g)  multi dwelling housing,
(h)  residential flat buildings,
(i)  rural workers’ dwellings,
(j)  secondary dwellings,
(k)  semi-detached dwellings,
(l)  seniors housing,
(m)  shop top housing,
but does not include tourist and visitor accommodation or caravan parks.
residential care facility means accommodation for seniors or people with a disability that includes—
(a)  meals and cleaning services, and
(b)  personal care or nursing care, or both, and
(c)  appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,
but does not include a dwelling, hostel, hospital or psychiatric facility.
Note—
Residential care facilities are a type of seniors housing—see the definition of that term in this Dictionary.
residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling, co-living housing or multi dwelling housing.
Note—
Residential flat buildings are a type of residential accommodation— see the definition of that term in this Dictionary.
resource recovery facility means a building or place used for the recovery of resources from waste, including works or activities such as separating and sorting, processing or treating the waste, composting, temporary storage, transfer or sale of recovered resources, energy generation from gases and water treatment, but not including re-manufacture or disposal of the material by landfill or incineration.
Note—
Resource recovery facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
respite day care centre means a building or place that is used for the care of seniors or people who have a disability and that does not provide overnight accommodation for people other than those related to the owner or operator of the centre.
restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided, but does not include the preparation and serving of food and drink to people that occurs as part of—
(a)  an artisan food and drink industry, or
(b)  farm gate premises.
Note—
Restaurants or cafes are a type of food and drink premises—see the definition of that term in this Dictionary.
restricted premises means premises that, due to their nature, restrict access to patrons or customers over 18 years of age, and includes sex shops and similar premises, but does not include a pub, hotel or motel accommodation, home occupation (sex services) or sex services premises.
restriction facilities means facilities where animals are constrained for management purposes, including milking sheds, pads, feed stalls, holding yards and paddocks where the number of livestock exceeds the ability of vegetation to recover from the effects of grazing in a normal growing season, but does not include facilities for drought or similar emergency relief.
retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following;
(a), (b)    (Repealed)
(c)  food and drink premises,
(d)  garden centres,
(e)  hardware and building supplies,
(f)  kiosks,
(g)  landscaping material supplies,
(h)  markets,
(i)  plant nurseries,
(j)  roadside stalls,
(k)  rural supplies,
(l)  shops,
(la)  specialised retail premises,
(m)  timber yards,
(n)  vehicle sales or hire premises,
but does not include farm gate premises, highway service centres, service stations, industrial retail outlets or restricted premises.
Note—
Retail premises are a type of commercial premises—see the definition of that term in this Dictionary.
road means a public road or a private road within the meaning of the Roads Act 1993, and includes a classified road.
roadside stall means a place or temporary structure used for the retail sale of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property.
Note—
See clause 5.4 for controls relating to the gross floor area of roadside stalls.
Roadside stalls are a type of retail premises—see the definition of that term in this Dictionary.
rural industry means the handling, treating, production, processing, storage or packing of animal or plant agricultural products for commercial purposes, and includes any of the following—
(a)  agricultural produce industries,
(b)  livestock processing industries,
(c)  composting facilities and works (including the production of mushroom substrate),
(d)  sawmill or log processing works,
(e)  stock and sale yards,
(f)  the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise.
Note—
Rural industries are not a type of industry—see the definition of that term in this Dictionary.
rural supplies means a building or place used for the display, sale or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and other goods or materials used in farming and primary industry production.
Note—
Rural supplies are a type of retail premises—see the definition of that term in this Dictionary.
rural worker’s dwelling means a building or place that is additional to a dwelling house on the same lot and that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land.
Note—
Rural workers’ dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
sawmill or log processing works means a building or place used for handling, cutting, chipping, pulping or otherwise processing logs, baulks, branches or stumps, principally derived from surrounding districts, into timber or other products derived from wood.
Note—
Sawmill or log processing works are a type of rural industry—see the definition of that term in this Dictionary.
Scenic and Landscape Values Map means the Penrith Local Environmental Plan 2010 Scenic and Landscape Values Map.
school means a government school or non-government school within the meaning of the Education Act 1990.
Note—
Schools are a type of educational establishment—see the definition of that term in this Dictionary.
school-based child care means a building or place within a school that is used to provide out-of-school-hours care (including vacation care) for school children only.
Note 1—
Accordingly, a building or place within a school that is used to provide out-of-school-hours care for both school children and pre-school children is not school-based child care.
Note 2—
School-based child care is a type of early education and care facility—see the definition of that term in this Dictionary.
secondary dwelling means a self-contained dwelling that—
(a)  is established in conjunction with another dwelling (the principal dwelling), and
(b)  is on the same lot of land as the principal dwelling, and
(c)  is located within, or is attached to, or is separate from, the principal dwelling.
Note—
See clauses 5.4 and 5.5 for controls relating to the total floor area of secondary dwellings.
Secondary dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
self-storage units means premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials).
Note—
Self-storage units are a type of storage premises—see the definition of that term in this Dictionary.
semi-detached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling.
Note—
Semi-detached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.
seniors housing means a building or place that is—
(a)  a residential care facility, or
(b)  a hostel within the meaning of State Environmental Planning Policy (Housing) 2021, Chapter 3, Part 5, or
(c)  a group of independent living units, or
(d)  a combination of any of the buildings or places referred to in paragraphs (a)–(c),
and that is, or is intended to be, used permanently for—
(e)  seniors or people who have a disability, or
(f)  people who live in the same household with seniors or people who have a disability, or
(g)  staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place,
but does not include a hospital.
Note—
Seniors housing is a type of residential accommodation—see the definition of that term in this Dictionary.
service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following—
(a)  the ancillary sale by retail of spare parts and accessories for motor vehicles,
(b)  the cleaning of motor vehicles,
(c)  installation of accessories,
(d)  inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),
(e)  the ancillary retail selling or hiring of general merchandise or services or both.
serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.
Note—
Serviced apartments are a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.
sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated—
(a)  pipelines and tunnels, and
(b)  pumping stations, and
(c)  dosing facilities, and
(d)  odour control works, and
(e)  sewage overflow structures, and
(f)  vent stacks.
Note—
Sewage reticulation systems are a type of sewerage system—see the definition of that term in this Dictionary.
sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.
Note—
Sewage treatment plants are a type of sewerage system—see the definition of that term in this Dictionary.
sewerage system means any of the following—
(a)  biosolids treatment facility,
(b)  sewage reticulation system,
(c)  sewage treatment plant,
(d)  water recycling facility,
(e)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(d).
sex services means sexual acts or sexual services in exchange for payment.
sex services premises means a brothel, but does not include home occupation (sex services).
shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop and neighbourhood supermarket, but does not include food and drink premises or restricted premises.
Note—
Shops are a type of retail premises—see the definition of that term in this Dictionary.
shop top housing means one or more dwellings located above the ground floor of a building, where at least the ground floor is used for commercial premises or health services facilities.
Note—
Shop top housing is a type of residential accommodation—see the definition of that term in this Dictionary.
signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following—
(a)  an advertising structure,
(b)  a building identification sign,
(c)  a business identification sign,
but does not include a traffic sign or traffic control facilities.
site area means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under this Plan.
Note—
The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.
site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage—
(a)  any basement,
(b)  any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,
(c)  any eaves,
(d)  unenclosed balconies, decks, pergolas and the like.
small bar means a small bar within the meaning of the Liquor Act 2007.
Note—
Small bars are a type of food and drink premises—see the definition of that term in this Dictionary.
spa pool has the same meaning as in the Swimming Pools Act 1992.
Note—
The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.
specialised retail premises means a building or place the principal purpose of which is the sale, hire or display of goods that are of a size, weight or quantity, that requires—
(a)  a large area for handling, display or storage, or
(b)  direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,
but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale, hire or display of other goods referred to in this definition.
Note—
Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.
Specialised retail premises are a type of retail premises—see the definition of that term in this Dictionary.
standard lot means a lot that is not a battle-axe lot.
stock and sale yard means a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock.
Note—
Stock and sale yards are a type of rural industry—see the definition of that term in this Dictionary.
storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include a heavy industrial storage establishment, local distribution premises or a warehouse or distribution centre.
storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include—
(a)  a space that contains only a lift shaft, stairway or meter room, or
(b)  a mezzanine, or
(c)  an attic.
swimming pool has the same meaning as in the Swimming Pools Act 1992.
Note—
The term is defined as follows—
swimming pool means an excavation, structure or vessel—
(a)  that is capable of being filled with water to a depth of 300 millimetres or more, and
(b)  that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,
and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.
take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.
Note—
Take away food and drink premises are a type of food and drink premises—see the definition of that term in this Dictionary.
tank-based aquaculture means aquaculture undertaken exclusively in tanks, but not including natural water-based aquaculture.
Note—
Tank-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical tank-based aquaculture is the tank culture of barramundi or abalone.
telecommunications facility means—
(a)  any part of the infrastructure of a telecommunications network, or
(b)  any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or
(c)  any other thing used in or in connection with a telecommunications network.
telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both.
temporary structure has the same meaning as in the Act.
Note—
The term is defined as follows—
temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.
the Act means the Environmental Planning and Assessment Act 1979.
timber yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber.
Note—
Timber yards are a type of retail premises—see the definition of that term in this Dictionary.
tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following—
(a)  backpackers’ accommodation,
(b)  bed and breakfast accommodation,
(c)  farm stay accommodation,
(d)  hotel or motel accommodation,
(e)  serviced apartments,
but does not include—
(f)  camping grounds, or
(g)  caravan parks, or
(h)  eco-tourist facilities.
transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.
truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.
turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.
Note—
Turf farming is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
underground mining means—
(a)  mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and
(b)  shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),
but does not include open cut mining.
urban release area means the area of land identified as “Urban Release Area” on the Urban Release Area Map.
Urban Release Area Map means the Penrith Local Environmental Plan 2010 Urban Release Area Map.
vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.
vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises.
vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.
Note—
Vehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.
veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.
viticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine.
Note—
Viticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.
warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made, but does not include local distribution premises.
waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.
Note—
Waste disposal facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.
waste or resource management facility means any of the following—
(a)  a resource recovery facility,
(b)  a waste disposal facility,
(c)  a waste or resource transfer station,
(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.
Note—
Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.
water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.
water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated—
(a)  retention structures, and
(b)  treatment works, and
(c)  irrigation schemes.
Note—
Water recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.
water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure and dosing facilities.
Note—
Water reticulation systems are a type of water supply system—see the definition of that term in this Dictionary.
water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.
Note—
Water storage facilities are a type of water supply system—see the definition of that term in this Dictionary.
water supply system means any of the following—
(a)  a water reticulation system,
(b)  a water storage facility,
(c)  a water treatment facility,
(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).
water treatment facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility.
Note—
Water treatment facilities are a type of water supply system—see the definition of that term in this Dictionary.
waterbody means a waterbody (artificial) or waterbody (natural).
waterbody (artificial) or artificial waterbody means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently.
waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).
watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).
waterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).
wetland means—
(a)  natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or
(b)  artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.
wharf or boating facilities means a wharf or any of the following facilities associated with a wharf or boating that are not port facilities—
(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,
(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,
(c)  wharves for commercial fishing operations,
(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,
(e)  sea walls or training walls,
(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.
wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.
Dictionary: Am 2014 (277), Sch 1 [6]; 2015 (21), Sch 1 [47]; 2018 (294), Sch 1 [2].