New South Wales Consolidated Regulations

MUSWELLBROOK LOCAL ENVIRONMENTAL PLAN 2009 -

DICTIONARY

(Clause 1.4)

"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.

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.

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.

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.

Note--: Agricultural produce industries are a type of
"rural industry" --see the definition of that term in this Dictionary.

(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 .

(a) farm gate premises,

(b) farm experience premises.

Note--: Agritourism is a type of
"agriculture" --see the definition of that term in this Dictionary.

Note--: Airports are a type of
"air transport facility" --see the definition of that term in this Dictionary.

(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.

Note--: Aquaculture is a type of
"agriculture" --see the definition of that term in this Dictionary.

(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.

(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.

(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.

(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.

Note--: Bee keeping is a type of
"extensive agriculture" --see the definition of that term in this Dictionary.

Note--: Biosolids treatment facilities are a type of
"sewerage system" --see the definition of that term in this Dictionary.

(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,

Note--: This definition is relevant to the definitions of
"home occupation (sex services)" and
"sex services premises" in this Dictionary.

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).

(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,

Note--: Building identification signs are a type of
"signage" --see the definition of that term in this Dictionary.

(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,

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.

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.

(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,

Note--: Business identification signs are a type of
"signage" --see the definition of that term in this Dictionary.

(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,

Note--: Business premises are a type of
"commercial premises" --see the definition of that term in this Dictionary.

(a) a caravan park, or

(b) farm stay accommodation.

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 .

Note--: Cellar door premises are a type of
"farm gate premises" --see the definition of that term in this Dictionary.

(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.

(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.

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.)

(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,

Note--: Co-living housing is a type of
"residential accommodation" --see the definition of that term in this Dictionary.

(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.

(a) business premises,

(b) office premises,

(c) retail premises.

(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,

(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 ,

Note--: Creative industries are a type of
"light industry" --see the definition of that term in this Dictionary.

Note--: Dairies (pasture-based) are a type of
"extensive agriculture" --see the definition of that term in this Dictionary.

Note--: Dairies (restricted) are a type of
"intensive livestock agriculture" --see the definition of that term in this Dictionary.

Note--: Data centres are a type of
"high technology industry" --see the definition of that term in this Dictionary.

(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).

Note--: Dual occupancies are a type of
"residential accommodation" --see the definition of that term in this Dictionary.

Note--: Dual occupancies (attached) are a type of
"dual occupancy" --see the definition of that term in this Dictionary.

Note--: Dual occupancies (detached) are a type of
"dual occupancy" --see the definition of that term in this Dictionary.

Note--: Dwelling houses are a type of
"residential accommodation" --see the definition of that term in this Dictionary.

(a) a centre-based child care facility,

(b) home-based child care,

(c) school-based child care.

(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.

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.

(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.

(a) making or generating electricity, or

(b) electricity storage.

(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 .

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.

(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.

Note--: Extractive industries are not a type of
"industry" --see the definition of that term in this Dictionary.

(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.

(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.

(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.

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.

(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.

(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.

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 .

(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.

Note--: Funeral homes are a type of
"business premises" --see the definition of that term in this Dictionary.

(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.

Note--: General industries are a type of
"industry" --see the definition of that term in this Dictionary.

Note--: Goods repair and reuse premises are a type of
"business premises" --see the definition of that term in this Dictionary.

(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,

(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.

Note--: Group homes are a type of
"residential accommodation" --see the definition of that term in this Dictionary.

(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,

Note--: Permanent group homes are a type of
"group home" --see the definition of that term in this Dictionary.

(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,

Note--: Transitional group homes are a type of
"group home" --see the definition of that term in this Dictionary.

Note--: Hardware and building supplies are a type of
"retail premises" --see the definition of that term in this Dictionary.

(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.

(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.

Note--: Health consulting rooms are a type of
"health services facility" --see the definition of that term in this Dictionary.

(a) a medical centre,

(b) community health service facilities,

(c) health consulting rooms,

(d) patient transport facilities, including helipads and ambulance facilities,

(e) hospital.

(a) a hazardous storage establishment,

(b) a liquid fuel depot,

(c) an offensive storage establishment.

(a) hazardous industry, or

(b) offensive industry.

Note--: Heavy industries are a type of
"industry" --see the definition of that term in this Dictionary.

(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.

(a) shown on the Heritage Map as a heritage conservation area, and

(b) the location and nature of which is described in Schedule 5,

(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.

Note--: An inventory of heritage items is also available at the office of the Council.

(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.

(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,

Note--: High technology industries are a type of
"light industry" --see the definition of that term in this Dictionary.

(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.

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.

(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,

Note--: See clause 5.4 for controls relating to the floor area used for a home business.

(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,

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.

(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,

(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,

Note--: Horticulture is a type of
"intensive plant agriculture" --see the definition of that term in this Dictionary.

(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.

(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.

(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,

Note--: Hotel or motel accommodation is a type of
"tourist and visitor accommodation" --see the definition of that term in this Dictionary.

(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,

Note--: Independent living units are a type of
"seniors housing" --see the definition of that term in this Dictionary.

(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,

Note--: See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet.

(a) general industry,

(b) heavy industry,

(c) light industry,

(d) rural industry, or

(e) extractive industry, or

(f) mining.

(a) dairies (restricted),

(b) feedlots,

(c) pig farms,

(d) poultry farms,

Note--: Intensive livestock agriculture is a type of
"agriculture" --see the definition of that term in this Dictionary.

(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.

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.

(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.

Note--: Landscaping material supplies are a type of
"retail premises" --see the definition of that term in this Dictionary.

(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.

Note--: Liquid fuel depots are a type of
"heavy industrial storage establishment" --see the definition of that term in this Dictionary.

Note--: Livestock processing industries are a type of
"rural industry" --see the definition of that term in this Dictionary.

(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.

Note--: Markets are a type of
"retail premises" --see the definition of that term in this Dictionary.

Note--: Medical centres are a type of
"health services facility" --see the definition of that term in this Dictionary.

(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.

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.

Note--: Multi dwelling housing is a type of
"residential accommodation" --see the definition of that term in this Dictionary.

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.

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.

(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.

Note--: Offensive industries are a type of
"heavy industry" --see the definition of that term in this Dictionary.

Note--: Offensive storage establishments are a type of
"heavy industrial storage establishment" --see the definition of that term in this Dictionary.

Note--: Office premises are a type of
"commercial premises" --see the definition of that term in this Dictionary.

Note--: Oyster aquaculture is a type of
"aquaculture" --see the definition of that term in this Dictionary.

(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.

Note--: Pig farms are a type of
"intensive livestock agriculture" --see the definition of that term in this Dictionary.

Note--: Plant nurseries are a type of
"retail premises" --see the definition of that term in this Dictionary.

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.

(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.

Note--: Poultry farms are a type of
"intensive livestock agriculture" --see the definition of that term in this Dictionary.

Note--: Primitive camping ground is a type of
"camping ground" --see the definition of that term in this Dictionary.

Note--: Pubs are a type of
"food and drink premises" --see the definition of that term in this Dictionary.

(a) the supply of water,

(b) the supply of electricity,

(c) the disposal and management of sewage.

(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,

(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,

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.

(a) attached dwellings,

(b) boarding houses,

(baa) co-living housing,

(c) dual occupancies,

(d) dwelling houses,

(e) group homes,

(f) hostels,

(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,

(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,

Note--: Residential care facilities are a type of
"seniors housing" --see the definition of that term in this Dictionary.

Note--: Residential flat buildings are a type of
"residential accommodation" -- see the definition of that term in this Dictionary.

Note--: Resource recovery facilities are a type of
"waste or resource management facility" --see the definition of that term in this Dictionary.

(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.

(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,

Note--: Retail premises are a type of
"commercial premises" --see the definition of that term in this Dictionary.

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.

(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.

Note--: Rural supplies are a type of
"retail premises" --see the definition of that term in this Dictionary.

Note--: Rural workers' dwellings are a type of
"residential accommodation" --see the definition of that term in this Dictionary.

Note--: Sawmill or log processing works are a type of
"rural industry" --see the definition of that term in this Dictionary.

Note--: Schools are a type of
"educational establishment" --see the definition of that term in this Dictionary.

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.

(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.

Note--: Self-storage units are a type of
"storage premises" --see the definition of that term in this Dictionary.

Note--: Semi-detached dwellings are a type of
"residential accommodation" --see the definition of that term in this Dictionary.

(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),

(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,

Note--: Seniors housing is a type of
"residential accommodation" --see the definition of that term in this Dictionary.

(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.

Note--: Serviced apartments are a type of
"tourist and visitor accommodation" --see the definition of that term in this Dictionary.

(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.

Note--: Sewage treatment plants are a type of
"sewerage system" --see the definition of that term in this Dictionary.

(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).

Note--: Shops are a type of
"retail premises" --see the definition of that term in this Dictionary.

Note--: Shop top housing is a type of
"residential accommodation" --see the definition of that term in this Dictionary.

(a) an advertising structure,

(b) a building identification sign,

(c) a business identification sign,

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.

(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.

Note--: Small bars are a type of
"food and drink premises" --see the definition of that term in this Dictionary.

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.

(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,

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.

Note--: Stock and sale yards are a type of
"rural industry" --see the definition of that term in this Dictionary.

(a) a space that contains only a lift shaft, stairway or meter room, or

(b) a mezzanine, or

(c) an attic.

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.

Note--: Take away food and drink premises are a type of
"food and drink premises" --see the definition of that term in this Dictionary.

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.

(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.

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.

Note--: Timber yards are a type of
"retail premises" --see the definition of that term in this Dictionary.

(a) backpackers' accommodation,

(b) bed and breakfast accommodation,

(c) farm stay accommodation,

(d) hotel or motel accommodation,

(e) serviced apartments,

(f) camping grounds, or

(g) caravan parks, or

(h) eco-tourist facilities.

Note--: Turf farming is a type of
"intensive plant agriculture" --see the definition of that term in this Dictionary.

(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),

Note--: Vehicle sales or hire premises are a type of
"retail premises" --see the definition of that term in this Dictionary.

Note--: Viticulture is a type of
"intensive plant agriculture" --see the definition of that term in this Dictionary.

Note--: Waste disposal facilities are a type of
"waste or resource management facility" --see the definition of that term in this Dictionary.

(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).

Note--: Waste or resource transfer stations are a type of
"waste or resource management facility" --see the definition of that term in this Dictionary.

(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.

Note--: Water reticulation systems are a type of
"water supply system" --see the definition of that term in this Dictionary.

Note--: Water storage facilities are a type of
"water supply system" --see the definition of that term in this Dictionary.

(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).

Note--: Water treatment facilities are a type of
"water supply system" --see the definition of that term in this Dictionary.

(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.

(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.