NEWCASTLE CITY CENTRE LOCAL ENVIRONMENTAL PLAN 2008

New South Wales Repealed Regulations

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This legislation has been repealed.

NEWCASTLE CITY CENTRE LOCAL ENVIRONMENTAL PLAN 2008 - SCHEDULE 99

DICTIONARY

(Clause 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.
"Acid Sulfate Soils Manual" means the manual by that name published by the Acid Sulfate Soils Management Advisory Committee and made publicly available.
"Acid Sulfate Soils Map" means the Newcastle City Centre Local Environmental Plan 2008 Acid Sulfate Soils 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.

"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.

"archaeological site" means the site (as shown on the Heritage Map or listed in Part 1 of Schedule 5) of one or more relics.
"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 tourist and visitor accommodation:

(a) that has shared facilities, such as a communal bathroom, kitchen or laundry, and

(b) that will generally provide accommodation on a bed basis (rather than by room).

"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).
"bed and breakfast accommodation" means tourist and visitor accommodation comprising a dwelling (and any ancillary buildings and parking) where the accommodation is provided by the permanent residents of the dwelling for a maximum of 8 guests and:

(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.

"biodiversity" means biological diversity.
"biological diversity" has the same meaning as in the Threatened Species Conservation Act 1995 .

The term is defined as follows:
"biological diversity" means the diversity of life and is made up of the following 3 components:
(a) genetic diversity--the variety of genes (or units of heredity) in any population,

(b) species diversity--the variety of species,

(c) ecosystem diversity--the variety of communities or ecosystems.

"boarding house" means a building:

(a) that is wholly or partly let in lodgings, and

(b) that provides lodgers with a principal place of residence for 3 months or more, and

(c) that generally has shared facilities, such as a communal bathroom, kitchen or laundry, and

(d) that has rooms that accommodate one or more lodgers,

but does not include backpackers' accommodation, a serviced apartment, seniors housing or hotel accommodation.
"boat launching ramp" means a structure designed primarily for the launching of trailer borne recreational vessels, and includes associated car parking facilities.
"boat 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 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.
"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 the vertical distance between ground level (existing) at any point 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 that does not include general advertising of products, goods or services.
"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.
"bulky goods premises" means a building or place used primarily for the sale by retail, wholesale or auction of (or for the hire or display of) bulky goods, being goods that are of such size or weight as to require:

(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 or display of bulky goods.
"bush fire hazard reduction work" has the same meaning as in the Rural Fires Act 1997 .

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 146 (2) of the 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 include any advertising relating to a person who does not carry on business at the premises or place.
"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 may include, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, medical centres, betting agencies and the like, but does not include sex services premises.
"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 land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, installed or placed.
"cemetery" means a building or place for the interment of deceased persons or their ashes, and includes a funeral chapel or crematorium.
"child care centre" means a building or place used for the supervision and care of children that:

(a) provides long day care, pre-school care, occasional child care or out-of-school-hours care, and

(b) does not provide overnight accommodation for children other than those related to the owner or operator of the centre,

but does not include:

(c) home-based child care, or

(d) an out-of-home care service provided by an agency or organisation accredited by the NSW Office of the Children's Guardian, or

(e) a baby-sitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or

(f) a service provided for fewer than 5 children (disregarding any children who are related to the person providing the service) at the premises at which at least one of the children resides, being a service that is not advertised, or

(g) a regular child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium), by or on behalf of the person conducting the facility, to care for children while the children's parents are using the facility, or

(h) a service that is concerned primarily with the provision of:
(i) lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or

(ii) private tutoring, or

(i) a school, or

(j) a service provided at exempt premises (within the meaning of section 200 of the Children and Young Persons (Care and Protection) Act 1998 ), such as hospitals, but only if the service is established, registered or licensed as part of the institution operating on those premises.

"City Centre Development Control Plan 2006" means Newcastle City Centre Development Control Plan 2006 adopted by the Council, as in force at the commencement of this Plan.
"classified road" has the same meaning as in the Roads Act 1993 .

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.)

"clearing native vegetation" has the same meaning as in the Native Vegetation Act 2003 .

The term is defined as follows:
"clearing native vegetation" means any one or more of the following:
(a) cutting down, felling, thinning, logging or removing native vegetation,

(b) killing, destroying, poisoning, ringbarking, uprooting or burning native vegetation.
(See Division 3 of Part 3 of the Native Vegetation Act 2003 for the exclusion of routine agricultural management and other farming activities from constituting the clearing native vegetation if the landholder can establish that any clearing was carried out for the purpose of those activities).

"coastal foreshore" means land with frontage to a beach, estuary, coastal lake, headland, cliff or rock platform.
"coastal lake" means a body of water specified in Schedule 1 to the State Environmental Planning Policy No 71--Coastal Protection .
"coastal waters of the State" --see section 58 of the Interpretation Act 1987 .
"coastal zone" has the same meaning as in the Coastal Protection Act 1979 .

The term is defined as follows:
"coastal zone" means:
(a) the area within the coastal waters of the State as defined in Part 10 of the Interpretation Act 1987 (including any land within those waters), and

(b) the area of land and the waters that lie between the western boundary of the coastal zone (as shown on the maps outlining the coastal zone) and the landward boundary of the coastal waters of the State, and

(c) the seabed (if any) and the subsoil beneath, and the airspace above, the areas referred to in paragraphs (a) and (b).
The coastal zone consists of the area between the western boundary of the coastal zone shown on the maps outlining the coastal zone and the outermost boundary of the coastal waters of the State. The coastal waters of the State extend, generally, to 3 nautical miles from the coastline of the State.

"commercial activity", in relation to the use of a building, means the use of the building for the purposes of office premises, retail premises, business premises, hotel accommodation (but not hotel accommodation that is subdivided under a strata scheme) or other like uses or a combination of such uses.
"community facility" means a building or place owned or controlled by a public authority and used for the physical, social, cultural or intellectual development or welfare of the community.
"community land" has the same meaning as in the Local Government Act 1993 .
"Council" means the Newcastle City Council.
"crematorium" means a building in which deceased persons or pets are cremated, and includes a funeral chapel.
"Crown reserve" means:

(a) a reserve within the meaning of Part 5 of the Crown Lands Act 1989 , or

(b) a common within the meaning of the Commons Management Act 1989 , or

(c) lands within the meaning of the Trustees of Schools of Arts Enabling Act 1902 ,

but does not include land that forms any part of a reserve under Part 5 of the Crown Lands Act 1989 provided for accommodation.
"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.
"demolish", in relation to a heritage item, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item or the 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.
"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 2 dwellings (whether attached or detached) on one lot of land.
"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.
"earthworks" means excavation or filling.
"ecologically sustainable development" has the same meaning as in the Act.
"educational and cultural activity", in relation to the use of a building, means the use of the building for the purposes of a school, tertiary institution, community facility, hostel or boarding house for students, theatre, cinema, music hall, concert hall or lecture theatre or a combination of any such uses.
"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.

"entertainment facility" means a theatre, cinema, music hall, concert hall, dance hall, amusement centre and the like.
"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.
"estuary" has the same meaning as in the Water Management Act 2000 .

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.
"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.
"extractive material" means sand, soil, gravel, rock or similar substances that are not minerals within the meaning of the Mining Act 1992 .
"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) a waste disposal land fill operation.

"fish" has the same meaning as in the Fisheries Management Act 1994 .

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.
"flood prone land" means land that is at or below 0.5 metres above the 1 percent Annual Exceedance Probability flood level.
"floor space ratio" of buildings on a site is the ratio of the total floor space are of all buildings within the site to the site area.
"Floor Space Ratio Map" means the Newcastle City Centre Local Environmental Plan 2008 Floor Space Ratio Map .
"food and drink premises" means retail premises used for the preparation and retail sale of food or drink for immediate consumption on or off the premises, and includes restaurants, cafes, take away food and drink premises, milk bars and pubs.
"forestry" has the same meaning as "forestry operations" in the Forestry and National Park Estate Act 1998 .

The term is defined as follows:
"forestry operations" means:
(a) logging operations, namely, the cutting and removal of timber from land for the purpose of timber production, or

(b) forest products operations, namely, the harvesting of products of trees, shrubs and other vegetation (other than timber) that are of economic value, or
(c) on-going forest management operations, namely, activities relating to the management of land for timber production such as thinning, bush fire hazard reduction, bee-keeping, grazing and other silvicultural activities, or

(d) ancillary road construction, namely, the provision of roads and fire trails, and the maintenance of existing railways, to enable or assist in the above operations.

"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 chapel" means business premises used to arrange, conduct and cater for funerals and memorial services, and includes facilities for the short-term storage, dressing and viewing of bodies of deceased persons, but does not include premises with mortuary facilities.
"gross floor area" means the sum of the floor area of each storey 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, 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.
"group home" means a dwelling that is a permanent group home or a transitional group home.
"hazardous industry" means development for the purpose of an industry that, when the development is 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 development from existing or likely future development on other land in the locality), would pose a significant risk in the locality:

(a) to human health, life or property, or

(b) to the biophysical environment.

"hazardous storage establishment" means any establishment where goods, materials or products are stored that, 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 establishment from existing or likely future development on other land in the locality), would pose a significant risk in the locality:

(a) to human health, life or property, or

(b) to the biophysical environment.

"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 one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals who practise in partnership (if there is more than one such professional) who provide professional health care services to members of the public.
"Height of Buildings Map" means the Newcastle City Centre Local Environmental Plan 2008 Height of Buildings Map .
"helipad" means a place not open to the public used for the taking off and landing of helicopters.
"heritage conservation area" means:

(a) an area of land that is shown as a heritage conservation area on the Heritage Map , as referred to in Part 2 of Schedule 5 (including any heritage items situated on or within that conservation area), or

(b) a place of Aboriginal heritage significance shown on the Heritage Map .

"heritage conservation management plan" means a document prepared in accordance with guidelines prepared by the Department of Planning 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, archaeological site, place of Aboriginal heritage significance or other 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, archaeological site, tree, place or Aboriginal object specified in an inventory of heritage items that is available at the office of the Council and the site and nature of which is described in Part 1 of Schedule 5.
"Heritage Map" means the Newcastle City Centre Local Environmental Plan 2008 Heritage Map .
"heritage significance" means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
"home-based child care" means a dwelling used by a resident of the dwelling for the supervision and care of one or more children and that satisfies the following conditions:

(a) the service is appropriately licensed within the meaning of the Children and Young Persons (Care and Protection) Act 1998 ,

(b) the number of children (including children related to the carer or licensee) does not at any one time exceed 7 children under the age of 12 years, including no more than 5 who do not ordinarily attend school.

"home business" means a business carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling that does not involve:

(a) the employment of more than 2 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 exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or

(d) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the business carried on in the dwelling), or

(e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building, or

(f) the use of more than 25 square metres of floor area to carry on the business,

but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
"home occupation" means an occupation carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling 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 notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the occupation carried on in the dwelling), 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, a brothel or home occupation (sex services).
"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 notice, advertisement or sign, 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.
"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 or refreshment rooms,

(e) transport of patients, including helipads, ambulance facilities and car parking,

(f) educational purposes or any other health-related use,

(g) research purposes (whether or not it is carried out by hospital staff or health care workers or for commercial purposes),

(h) chapels,

(i) hospices,

(j) mortuaries.

"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.

"hotel accommodation" means a building (whether or not a hotel within the meaning of the Liquor Act 1982 ) that provides tourist and visitor accommodation consisting of rooms or self-contained suites, but does not include backpackers' accommodation, a boarding house or bed and breakfast accommodation.
"industry" means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing or adapting, or the research and development of any goods, chemical substances, food, agricultural or beverage products, or articles for commercial purposes, but does not include extractive industry or a mine.
"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.
"Key Sites Map" means the Newcastle City Centre Local Environmental Plan 2008 Key Sites Map .
"kiosk" means retail premises with a gross floor area not exceeding 20 square metres and that is used for the purposes of selling food, light refreshments and other small convenience items such as newspapers, films and the like.
"Land Application Map" means the Newcastle City Centre Local Environmental Plan 2008 Land Application Map .
"Land Reservation Acquisition Map" means the Newcastle City Centre Local Environmental Plan 2008 Land Reservation Acquisition Map .
"Land Use Table" means the Table at the end of Part 2 of this Plan.
"Land Zoning Map" means the Newcastle City Centre Local Environmental Plan 2008 Land Zoning Map .
"light industry" means an industry, not being a hazardous or offensive industry or involving use of a hazardous or offensive storage establishment, in which the processes carried on, the transportation involved or the machinery or materials used do 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.
"liquid fuel depot" means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid and at which no retail trade is conducted.
"maintenance", in relation to a heritage item or a building, work, archaeological site, tree or place within a heritage conservation area, means on-going protective care. It 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.
"marina" means a permanent boat storage facility (whether located wholly on land, wholly on the waterway or partly on land and partly on the waterway) together with any associated facilities, including:

(a) any facility for the construction, repair, maintenance, storage, sale or hire of boats, and

(b) any facility for providing fuelling, sewage pump-out or other services for boats, and

(c) any facility for launching or landing boats, such as slipways or hoists, and

(d) any associated car parking, commercial, tourist or recreational or club facility that is ancillary to a boat storage facility, and

(e) any associated single mooring.

"market" means retail premises comprising an open-air area or an existing building 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.
"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 business premises 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, and may include the ancillary provision of other health services.
"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.
"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.

"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.
"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 .

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.
"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 the Native Vegetation Act 2003 .

The term is defined as follows:
Meaning of "native vegetation"
(1) "Native vegetation" means any of the following types of indigenous vegetation:
(a) trees (including any sapling or shrub, or any scrub),

(b) understorey plants,

(c) groundcover (being any type of herbaceous vegetation),

(d) plants occurring in a wetland.

(2) Vegetation is "indigenous" if it is of a species of vegetation, or if it comprises species of vegetation, that existed in the State before European settlement.

(3) "Native vegetation" does not include any mangroves, seagrasses or any other type of marine vegetation to which section 205 of the Fisheries Management Act 1994 applies.

"neighbourhood shop" means retail premises used for the purposes of selling small daily convenience goods, such as foodstuffs, personal care products, newspapers and the like for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank, newsagency or dry cleaning, but does not include restricted premises.
"Newcastle Development Control Plan 2005" means Newcastle Development Control Plan 2005 adopted by the Council, as in force at the commencement of this Plan.
"NSW Coastal Policy" means the publication titled NSW Coastal Policy 1997: A Sustainable Future for the New South Wales Coast , published by the Government.
"offensive industry" means any development for the purpose of an industry that would, when the development is 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 development 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 the existing or likely future development on other land in the locality.
"offensive storage establishment" means any establishment where goods, materials or products are stored 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 establishment 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 the existing or likely future development on other land in the locality.
"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.
"operational land" has the same meaning as in the Local Government Act 1993 .
"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.
"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 a building to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
"place of Aboriginal heritage significance" means an area of land 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 can (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.

"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.
"pub" means licensed premises under the Liquor Act 1982 the principal purpose of which is the sale of liquor for consumption on the premises, whether or not the premises include hotel accommodation and whether or not food is sold on the premises.
"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 included a courthouse or a police station.
"public authority" has the same meaning as in the Act.
"public hall" has the same meaning as in the Local Government Act 1993 .

The term is defined as follows:
"public hall" means any building or part of a building that is used or intended to be used for the purpose of providing public entertainment or conducting public meetings.

"public land" has the same meaning as in the Local Government Act 1993 .

The term is defined as follows:
"public land" means any land (including a public reserve) vested in or under the control of the council, but does not include:
(a) a public road, or

(b) land to which the Crown Lands Act 1989 applies, or

(c) a common, or

(d) land subject to the Trustees of Schools of Arts Enabling Act 1902 , or

(e) a regional park under the National Parks and Wildlife Act 1974 .

"public reserve" has the same meaning as in the Local Government Act 1993 .
"public utility undertaking" means any of the following undertakings carried on or permitted to be carried on by or by authority of any Government Department 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, Government Department, corporation, firm or authority carrying on the undertaking.
"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 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).
"registered club" means a club in respect of which a certificate of registration under the Registered Clubs Act 1976 is in force.
"relic" means any deposit, object or other material evidence of human habitation:

(a) that relates to the settlement of the Newcastle local government area, not being Aboriginal settlement, and

(b) that is more than 50 years old, and

(c) that is a fixture or is wholly or partly within the ground.

"remove", in relation to a tree, means cut down, fell, destroy, kill, transplant or uproot a tree.
"residential accommodation" means a building or place used predominantly as a place of residence, but does not include tourist and visitor accommodation.
"residential care facility" means accommodation for seniors (people aged 55 years or more) 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,

not being a dwelling, hospital or psychiatric facility.
"residential flat building" means a building containing 3 or more dwellings.
"restaurant" means a building or place the principal purpose of which is the provision of food or beverages to people for consumption on the premises and that may also provide takeaway meals and beverages.
"restricted premises" means business premises or retail 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 hotel accommodation, a pub, home occupation (sex services) or sex services premises.
"retail premises" means a building or place used for the purpose of selling items by retail, or for hiring or displaying items for the purpose of selling them by retail or hiring them out, whether the items are goods or materials (or whether also sold by wholesale).
"roadside stall" means a place or temporary structure with a gross floor area not exceeding 8 square metres used for retail selling of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property.
"school" means a government school or non-government school within the meaning of the Education Act 1990 .
"seniors housing" means residential accommodation that consists of:

(a) a residential care facility, or

(b) a hostel, or

(c) a group of self-contained dwellings, or

(d) a combination of these,

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 residential accommodation or in the provision of services to persons living in the accommodation,

but does not include a hospital.
"serviced apartment" means a building or part of a building providing self-contained tourist and visitor accommodation 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.
"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 top housing" means one or more dwellings located above (or otherwise attached to) ground floor retail premises or business premises.
"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.
"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.

"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 .

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 food and drink premises that are predominantly used for the preparation and sale of food or drink (or both) for immediate consumption away from the premises.
"telecommunications facility" means:

(a) any part of the infrastructure of a telecommunications network, or

(b) any line, equipment, apparatus, tower, mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or to be 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.

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 .
"tourist and visitor accommodation" means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes hotel accommodation, serviced apartments, bed and breakfast accommodation and backpackers' accommodation.
"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 a building to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
"turf farming" means the commercial cultivation of turf for sale and the removal of turf for that purpose.
"utility installation" means a building, work or place used by a public utility undertaking, but does not include a building designed wholly or principally as administrative or business premises or as a showroom.
"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.
"waste disposal land fill operation" means use of land for the purpose of disposing of industrial, trade or domestic waste on that land.
"waste management facility" means a facility used for the storage, treatment, purifying or disposal of waste, whether or not it is also used for the sorting, processing, recycling, recovering, use or reuse of material from that waste, and whether or not any such operations are carried out on a commercial basis. It may include but is not limited to:

(a) an extractive industry ancillary to, required for or associated with the preparation or remediation of the site for such storage, treatment, purifying or disposal, and

(b) eco-generating works ancillary to or associated with such storage, treatment, purifying or disposal.

"waterbody" means a waterbody (artificial) or waterbody (natural).
"waterbody (artificial)" 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)" 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.

"Wickham Redevelopment Area Map" means the Newcastle City Centre Local Environmental Plan 2008 Wickham Redevelopment Area Map .

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