New South Wales Repealed Regulations New South Wales Repealed RegulationsThis legislation has been repealed.
(1) In this plan:
"Accredited certifier" has the same meaning as in the Environmental Planning and Assessment Act 1979 .
"Acid sulfate soils" means actual or potential acid sulfate soils, as defined in the Acid Sulfate Soils Assessment and Management Guidelines .
"Acid Sulfate Soils Assessment and Management Guidelines" means the Acid Sulfate Soils Assessment and Management Guidelines as published from time to time by the NSW Acid Sulfate Soils Management Advisory Committee and adopted by the Director.
"Acid Sulfate Soils Planning Maps" means the series of maps marked " Sutherland Local Environmental Plan 2000--Acid Sulfate Soils Planning Maps " which are kept in the office of the Council of Sutherland Shire as amended from time to time by the maps so kept and listed in Part 2 of Schedule 7.
"Advertising" means the use of a building or place where the display of symbols, messages or other devices for promotional purposes is visible from a public place, whether or not the display involves the erection of a structure or the carrying out of a work.
"Agriculture" means:(a) cultivating fruit, vegetables or flower crops, or(b) keeping or breeding livestock, bees or poultry or other birds, or(c) cultivating plants in a wholesale plant nursery,for business purposes.
"Ancillary development" means a building, work or use which is used or carried out in conjunction with the primary legal use of a site.
"Animal establishment" means a building or place used for breeding, boarding, training, keeping or caring for animals for business purposes, and includes a riding school, but does not include a veterinary hospital.
"Aquaculture" means the cultivation of the resources of the sea or estuarine waters for the propagation or rearing of marine, estuarine or freshwater fish or plants or other organisms.
"Archaeological site" means a site described in Schedule 1.
"Arts and craft centre" means a building or place owned by the Council which provides facilities for the cultural, intellectual, social and educational needs of the community and which may incorporate all or any of the following:(a) an art or craft gallery,(b) art or craft workshops and storage areas,(c) outdoor or indoor exhibition and performance space,(d) a museum,(e) an ancillary restaurant and a place for retail sales,(f) meeting and lecture rooms,(g) ancillary administration space,(h) a caretaker's residence."Backpackers accommodation" means a building used for the purposes of providing accommodation for tourists, travellers or persons engaged in recreational pursuits and that:(a) may have shared facilities, such as a communal bathroom, kitchen or laundry, and(b) will generally provide shared accommodation in which there are two or more persons in a room, and(c) must only provide temporary accommodation."Beach and foreshore protection works" means works undertaken on land abutting a waterway between dry land and Indian Spring Low Water for the purpose of rehabilitation. They include construction or reconstruction of sea walls and works in accordance with an adopted plan of management by or on behalf of a public authority.
"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."Brothel" means any building or place used habitually for the purposes of prostitution.
"Building line" means the line which is parallel to the street frontage as specified in any development control plan that applies to the land concerned.
"Bulky goods retailing" means use of a building or place primarily for the sale by retail or auction, or the hire or display, of goods or materials which are individually so big, bulky or heavy as to require:(a) a large area for handling, storage or display, and(b) direct vehicular access to the site of the building or place by members of the public, for the purpose of loading items into their vehicles after purchase,but does not include use of a building or place for the sale of foodstuffs or clothing.
"Bus depot" means a building or place used for servicing, repairing and garaging of buses and other vehicles used for the purposes of a bus transport undertaking.
"Bushfire hazard reduction" means the reduction or modification (by burning, mechanical or manual means) of material that constitutes a bushfire hazard.
"Bushfire interface area" means an area identified as such on a bushfire hazard map held by the Council and includes improved or unimproved properties within or immediately adjacent to bushland.
"Bushfire prone area" means an area identified on a bushfire hazard map held by the Council as having a high or medium bushfire hazard and includes land within 100 metres of such an area.
"Bushland vegetation" means vegetation which is either a remnant of the natural vegetation of the land or, if altered, is still representative of the structure and floristics of the natural vegetation.
"Business premises" means a building or place used for the purpose of administrative, clerical, technical or like activities for an occupation, profession or trade, but (in a development control table) does not include a building or place elsewhere defined in this plan.
"Car parking" means a building or place used for parking vehicles, and any manoeuvring space and access to it, whether operated for gain or not, but does not include car parking ancillary to a permissible use.
"Child care centre" means a building or place used for the purpose of supervising or caring for children which:(a) caters for 6 or more under school age children, whether or not those children are related to the owner or operator of the building or place, and(b) may include an educational function, and(c) may operate for the purpose of gain,but does not include a building or place providing residential care for those children.
"Cluster housing" means three or more dwellings grouped on a site to take advantage of good building areas or views and to conserve large areas of open space.
"Community advertising" means:(a) advertising of community events or community uses, or charity events, or(b) display of health or safety notices, or like notices, or(c) advertising which is ancillary to the primary legal use of community or recreational land, but is not for the purpose of advertising the sale of a product, or(d) display of a notice by a public authority."Community facility" means a building or place owned or controlled by a public authority or a body of persons, and that provides for the physical, social, cultural or intellectual development, welfare or safety of the local community. It includes, but is not limited to, any of the following:(a) a police, ambulance or fire station,(b) a rescue or emergency service centre,(c) a public library,(d) rest rooms or meeting rooms,(e) a child minding centre,(f) a public health service centre."Complying development" has the same meaning as in the Environmental Planning and Assessment Act 1979 .
"Contaminated land" means land in or under which any substance is present at a concentration above that naturally present in, on or under the land and that poses, or is likely to pose, an immediate or long-term risk to human health or the environment.
"Convenience store" means that portion of a building on a site, with a floor space not exceeding 100 square metres, that is used for the sale of groceries and other small items and is operated in conjunction with a service station, but does not include a building or place licensed to sell liquor under the Liquor Act 1982 .
"Demolish" a heritage item means wholly or partly destroy, dismantle or move the heritage item.
"Demolition" means the partial or total destruction, dismantling or moving of a building. It includes decontamination, rehabilitation or remediation of land on which a building has been partially or totally destroyed or dismantled, or from which a building has been removed.
"Development consent" has the same meaning as in the Environmental Planning and Assessment Act 1979 .
"Drainage" means works carried out for the purpose of drainage which are not ancillary to development for which consent has been granted.
"Dual occupancy housing" means two dwellings on land that is one allotment or that was one allotment when development consent was granted for the two dwellings.
"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 permanent residence.
"Dwelling house" means one dwelling on one allotment except where that dwelling forms a component of a dual occupancy housing development.
"Educational establishment" means a building used for educational purposes but does not include a building used wholly or principally as business premises, an institution or a child care centre. It includes, but is not limited to, a school, college, technical college, lecture hall, gallery or museum.
"Exempt development" has the same meaning as in the Environmental Planning and Assessment Act 1979 .
"Extractive industry" means an industry or undertaking, not being a mine, which depends for its operations on the winning of extractive material from the land upon which it is carried on.
"Extractive material" means turf, sand, gravel, clay, soil, rock, stone or similar substances.
"Floorspace ratio" means the ratio of the gross floor area of all buildings on a site to the area of the site. The site is taken to be only that part of the site zoned to permit the development for which the buildings are or are proposed to be used.
"Food shop" means a building or place, the principal purpose of which is the preparation and selling of food and refreshments to people for consumption off the premises, whether or not the selling involves a drive-through service.
"Generating works" means a building or place used for the purpose of making or generating gas, electricity or other forms of energy.
"Gross floor area" means the sum of the areas of each floor of the buildings on a site where the area of each floor is taken to be the area within the outer face of the external enclosing walls, excluding any of that area occupied by:(a) lift towers, motor rooms and stairwells within a basement or above the roof level, and(b) car parking needed to meet requirements of the Council, up to 20 square metres per required parking space, and(c) storage areas needed to meet requirements of the Council, and(d) plant rooms, garbage storage areas, switch rooms or the like within a basement."Ground level" is the ground surface of a site as it was prior to any cutting, filling or grading of the site.
"Health care professional" means a person who renders professional health services to members of the public and includes a legally qualified medical practitioner, a dentist within the meaning of the Dentists Act 1989 , a chiropodist, a chiropractor, an osteopath, a physiotherapist, an optometrist, an acupuncturist, a psychologist, a herbalist, a homoeopath or the like.
"Height" is measured vertically from the ground level.
"Heritage item" means a building, work, tree or place described in Schedule 1 or 2.
"Home activity" means a business that is ancillary to a residential use and is carried out, or partially carried out, in a dwelling or within an allotment which contains a dwelling house or dwellings, but only if:(a) that use is undertaken by the permanent residents, and(b) not more than two non-residents are employed in it at any one time, and(c) the use does not interfere with the amenity of adjoining properties or the locality, whether or not by the generation of vehicular traffic or parking or the emission of noise, vibration, smell or creation of some other nuisance,but does not include a bed and breakfast establishment or a building or place elsewhere defined in this plan.
"Hotel" means premises specified or proposed to be specified in a hotelier's licence granted under the Liquor Act 1982 , which may provide accommodation.
"Housing for older people or people with a disability" has the same meaning as in State Environmental Planning Policy No 5--Housing for Older People or People with a Disability .
"Industry" means a building or place used for the manufacture, storage, repair, cleaning, maintenance, supply, hire or handling of any goods, materials, food or machinery, or for like or ancillary activities, but (in a development control table) does not include a building or place elsewhere defined in this plan.
"Institution" means a mental hospital or a penal or reformative establishment.
"Internal allotment" means an allotment within a residential zone where there is no practical lawful vehicular access to any existing or proposed building on the allotment, or where the only practical lawful vehicular access to any existing or proposed building on the allotment is by way of an access corridor (a hatchet shaped allotment) or a right-of-carriageway over another allotment.
"Junk yard" means land used for:(a) the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods, or(b) the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of parts of such items."Land" includes any ground, soil or earth whatsoever, whether dry or under water.
"land at Sandy Point" means the land known as the village of Sandy Point, being land bounded by the Georges River and Deadman's Creek and shown edged heavy black on the map marked " Sutherland Shire Local Environmental Plan 2000 (Amendment No 7) " deposited in the office of Sutherland Shire Council.
"Landscaped area" means any part of the site of a building or a proposed building that contributes to achieving the objectives of the landscaped area development standards of this plan. The site is taken to be only that part of the site zoned to permit the development for which the building is or is proposed to be used.
Landscaped area includes any areas used for gardens, lawns, shrubs or trees, but does not include any part of the site occupied by buildings, driveways, service accessways, parking areas, communal drying yards, garbage storage areas, swimming pools, balconies or decks.
"Liquid fuel depot" means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid.
"Main road" means a road declared to be a main road under the Roads Act 1993 .
"Marina" means an arrangement of pontoons, jetties or the like, used or intended to be used as a business to provide moorings for boats. It includes any associated:(a) slipways, or(b) facilities for the repair, maintenance and fuelling of, or the provision of accessories and parts for, boats or boating enthusiasts, or(c) facilities for the storage or provision of food, or(d) ancillary office."Medical facility" means a building or place used for the medical or surgical treatment of persons, whether public or private, and must include facilities for overnight stay accommodation. It may consist of:(a) a hospital, or(b) a sanatorium, or(c) a health centre, or(d) a nursing home, or(e) a home for infirm persons, incurable persons or convalescent persons,and includes any shop or dispensary used in conjunction with the facility, but does not include an institution or a building or place elsewhere defined in this plan.
"Motel" means a building or buildings used for temporary overnight accommodation, whether or not the building or buildings is or are also used in the provision of meals to travellers or the general public.
"Motor showroom" means a building or place used for the display and sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are sold or displayed and may also include servicing.
"Nightclub" means a building or place to which a nightclub licence relates under the Liquor Act 1982 .
"Offensive or hazardous industry" means an industry which by reason of the processes involved, the method of manufacture or the nature of the materials used or produced, requires isolation from other buildings.
"Passenger transport terminal" means any building or place used for the assembly of passengers travelling by any form of passenger transport, including any required facilities for parking, manoeuvring, storage or routine servicing of any vehicle.
"Place of assembly" means a public hall, theatre, cinema, music hall, concert hall, dance hall, open-air theatre, drive-in theatre, music bowl or any other building of a like character used as such and whether used for the purpose of gain or not, but does not include a place of public worship, an institution or an educational establishment.
"Place of public worship" means a building or place used for the purpose of religious worship by a congregation or religious group whether in the Christian faith or not, and whether or not the building or place is also used for counselling, social events, instruction and religious training.
"Plan of management" means a plan of management as defined under the Local Government Act 1993 .
"Potential archaeological site" means a site known to the Council to have archaeological potential.
"Public utility undertaking" means any of the following undertakings carried on in pursuance of any Commonwealth or State Act:(a) railway, road, water or air transport, telecommunications, wharf or river undertakings, and(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, county council, government department, corporation, firm or authority carrying on the undertaking.
"Recreation area" means:(a) an area of open space for passive recreation activities, or(b) a children's playground, or(c) an area used for sporting activities or sporting facilities, or(d) an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:whether used for the purposes of gain or not, but does not include a racecourse or showground.(i) the Council, or(ii) a body of persons associated for the purposes of the physical, cultural or intellectual welfare of persons within the community,
"Recreation facility" means a building or place used for indoor or outdoor recreation, and used for the purpose of gain. It may consist of or include a billiard saloon, a table tennis centre, squash courts, tennis courts, a swimming pool, a gymnasium, a health studio, a golf driving range, a bowling alley, a fun parlour or any other building of a like character used for recreation.
"Registered club" means a building or place used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes and which is, or is intended to be, registered under the Registered Clubs Act 1976 .
"Relic" means any deposit, object or material evidence relating to:(a) the use or settlement of Sutherland Shire, not being Aboriginal habitation, which is more than 50 years old, or(b) Aboriginal habitation of Sutherland Shire either before or after its occupation by persons of European extraction, including human remains."Repair centre" means a building or place used in association with the operation of a waste recycling and management centre or waste depot and at which materials and goods can be retrieved, repaired or refurbished for re-use in the community.
"Residential flat" means a dwelling within a building containing three or more dwellings but does not include a townhouse or villa house.
"Residential medical practice" means a room or a number of rooms forming part of, attached to, or within the curtilage of a dwelling house used by not more than two health care professionals and where no more than two employees are employed, but does not include facilities for in-patient care (whether or not there is residential occupation of the dwelling house).
"Restaurant" means a building or place, the principal purpose of which is the provision of food to people for consumption on the premises, but does not include a food shop or a nightclub.
"Road" means a roadway, whether made or unmade, for general public use, generally designed to accommodate the movement of vehicles and pedestrians, and may include bridges forming part of roads.
"Road transport terminal" means a building or place used for the principal purpose of the bulk handling of goods for transport by road, including facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles.
"Rural industry" means:(a) handling, treating, processing or packing of primary produce, or(b) regular servicing or repairing of plant or equipment used for the purpose of agriculture, aquaculture or a rural industry in the locality."Service station" means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oils and other petroleum products, whether or not the building or place is also used for any one or more of the following purposes:(a) the sale by retail of spare parts and accessories for motor vehicles,(b) washing and greasing of motor vehicles,(c) installation of accessories,(d) repairing and servicing of motor vehicles involving the use of hand tools (other than repairing and servicing which involves top overhaul of motors, body building, panel beating, spray painting, or suspension, transmission or chassis restoration),(e) convenience store."Sex shop" means a building primarily used for the purposes of business premises in which:(a) publications classified Category 1 restricted, Category 2 restricted or RC under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown, exhibited, displayed, sold or otherwise rendered accessible or available to the public, or(b) a business to which section 578E of the Crimes Act 1900 applies is conducted."Shop" means a building or place used for the purpose of display, sale, hire, auction, processing of goods or materials, or like or ancillary activities, but (in a development control table) does not include a building or place elsewhere defined in this plan.
"Site area" is the area of an allotment zoned so as to allow proposed development and includes any area of a right-of-carriageway burdening the allotment, but does not include the area of any access corridor.
"Standard allotment" means an allotment within a residential zone where practical lawful vehicular access to any existing or proposed building on the allotment is not reliant on an access corridor (a hatchet shaped allotment) or a right-of-carriageway over another residential allotment.
"Storey" means:(a) the space between two floors, or(b) the space between any floor and its ceiling or roof above, or(c) foundation areas, garages, workshops, storerooms and the like, where the height between ground level and the top of the floor above is 1.5 metres or more.A storey which exceeds 4.5 metres is considered as two storeys.
"Subdivision" has the same meaning as in the Environmental Planning and Assessment Act 1979 .
"Swimming enclosure" means a place within a body of water which is enclosed by a fence or netting to provide a safe bathing area for public purposes only and does not include a swimming pool as defined under the Swimming Pools Act 1992 .
"Tennis court (private)" means a tennis court used solely for the purpose of private recreational enjoyment and not used for competition or coaching.
"The Council" means the Council of Sutherland Shire.
"The maps" means the series of maps marked " Sutherland Shire Local Environmental Plan 2000 " which are kept in the office of the Council of Sutherland Shire as amended from time to time by the maps so kept and listed in Schedule 7.
"Tourist Information Centre" means a building or place owned or controlled by the Council at which tourist-related services, facilities and information to the community are provided, but does not include a restaurant. It may include:(a) literature and booking services for tourist destinations and accommodation, and(b) retail sales of souvenirs, gifts and the like, and(c) ancillary administration space, and(d) public toilets or change facilities."Townhouse" means a two storey dwelling on a site containing three or more dwellings, where each dwelling has an individual entrance and there is open space for the exclusive use of the occupants of the dwelling.
"Utility installation" means a building or work used for a public utility undertaking, but does not include a building used wholly or principally for administration or as business premises, a showroom, workshop or depot.
"Vehicle and mechanical repair premises" means a building or place used for the purpose of carrying out repairs to motor vehicles or machinery, including watercraft, and engines.
"Veterinary hospital" means a building or place used for surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment or rehabilitation.
"Villa house" means a single storey dwelling on a site containing three or more dwellings, where each dwelling has an individual entrance and there is open space at ground level for the exclusive use of the occupants of the dwelling.
"Warehouse" means a building or place used for the storage of goods, merchandise or materials pending distribution.
"Waste recycling and management centre" means a building or place used for the recycling or recovery of resource materials, excluding sludge-like material, from waste materials that would otherwise be acceptable as landfill, and involves separating and sorting, processing (such as baling, crushing, shredding and composting) and sorting, transferring and the sale of recycled or recovered material, but does not involve re-manufacture, chemical manufacturing or incineration of the material.
"Waterbody" means:(a) a natural waterbody, including:(i) a lake or lagoon either naturally formed or artificially modified, or(ii) a river or stream, whether perennial or intermittent, flowing in a natural channel with an established bed or in a natural channel artificially modifying the course of the stream, or(iii) tidal waters including any bay, estuary or inlet, or(b) an artificial waterbody, including any constructed waterway, canal, inlet, bay, channel, dam, pond or lake, but does not include a dry detention basin or other construction that is only intended to hold water intermittently."Watercraft facility" means a pontoon, suspended ramp or walkway, jetty, mooring, wharf, slipway, watercraft landing and launching facility or the like, but does not include a marina.
(2) References to maps in this plan are to maps as in force at the commencement of this plan, unless otherwise described.
(3) Any notes in this plan are intended to help a reader to understand this plan but are not part of this plan.