New South Wales Consolidated Regulations

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ARMIDALE DUMARESQ LOCAL ENVIRONMENTAL PLAN 2008 -

DICTIONARY

(Clause 5)

"abattoir" means a building or place used for the slaughter of animals, whether or not animal by-products are processed, manufactured or distributed at or from the building of place, and includes a knackery.
"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.
"adjoining", in relation to an area, means abutting or separated only by a public reserve, road, river, watercourse, or tidal or non-tidal water, or other like division.
"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.
"airline terminal" means a building or place used for the assembly of passengers and goods prior to the transport of those passengers and goods to or from an airport or an aerodrome.
"airport" means a place used for the landing, taking-off or parking of aeroplanes (including terminals, buildings for the parking or maintenance of aeroplanes, associated installations and movement areas), and includes heliports.
"airport buffer area" means the area around Armidale Regional Airport as shown by diagonal hatching on the map.
"alignment" means the boundary line between any public place and any land abutting that place.
"ancillary dwelling" means a dwelling that is fundamental, but subordinate, to the operation of a non-residential use that is permitted on the land, but does not include a rural worker’s dwelling.
"ANEF" means Australian noise exposure forecast within the meaning of Australian Standard AS 2021-2000, Aircraft Noise Intrusion-Building siting and construction .
"animal boarding, breeding or training establishment" means a building or place used for the breeding, boarding, training, keeping or caring of animals for commercial purposes (other than for the agistment of horses), and includes any associated riding school or ancillary veterinary clinic.
"aquaculture" has the same meaning as in the Fisheries Management Act 1994 .
The term is defined as follows:
"aquaculture" means:
(a) cultivating fish or marine vegetation for the purposes of harvesting the fish or marine vegetation or their progeny with a view to sale, or
(b) keeping fish or marine vegetation in a confined area for a commercial purpose (such as a fish-out pond),
but does not include:
(c) keeping anything in a pet shop for sale or in an aquarium for exhibition (including an aquarium operated commercially), or
(d) anything done for the purposes of maintaining a collection of fish or marine vegetation otherwise than for a commercial purpose, or
(e) any other thing prescribed by the regulations (made under the Fisheries Management Act 1994 ).
"archaeological site" means the site (as listed in Part 3 of Schedule 2) of one or more relics.
"arterial road" means an existing road shown on the map as a continuous red band on white between firm black lines.
"attached dual occupancy" means a dual occupancy where the 2 dwellings share a common wall and roofline so as to give the appearance of a single building.
"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 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.
"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.
"brothel" has the same meaning as in the Act.
Note: The term is defined as a brothel within the meaning of the Restricted Premises Act 1943 (ie premises habitually used for the purposes of prostitution, or that have been used for that purpose and are likely to be used again for that purpose), but excludes premises used or likely to be used for the purposes of prostitution by no more than one prostitute.
"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) or a temporary structure within the meaning of the Local Government Act 1993 .
"building identification sign" means a sign that identifies or names a building and that may include the name of a business or building, the street name and number of a building, the nature of the business and a logo or other symbol that identifies the business, but that does not include general advertising of products, goods or services.
"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) 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 and unloading the items into 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 of bulky goods.
"bulk store" means a building or place used for the bulk storage of goods, where the goods stored or to be stored are not required for use in a shop or commercial premises on the same parcel of land or on adjoining land in the same ownership.
"bus station" means a building or place used as a terminal for the assembly and dispersal of passengers travelling by bus.
"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 Environmental Planning and Assessment Act 1979 .
"bushland" means land on which there is vegetation that is either a remainder of the natural vegetation of the land or, if altered, is still representative of the structure and floristics of the natural vegetation.
"business identification sign" means a sign:
(a) that indicates:
(i) the name of the person, and
(ii) 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.
"car parking station" means a building or place, whether operated for gain or not, used for parking vehicles not specifically for use in relation to another use, and includes any manoeuvring space and access from or to the building or place.
"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 designed to be used for the burial, cremation or processing of human corpses, and includes a chapel, crematorium and burial ground but does not include a family burial ground.
"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) a family day care home or home-based child care home, or
(d) an out-of-home care service provided by an agency or organisation accredited by the 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.
"clearing" means:
(a) cutting down, felling, thinning, logging, removing or transplanting vegetation, or
(b) killing, destroying, poisoning, ringbarking, uprooting or burning vegetation, or
(c) severing, topping, lopping or pruning branches, limbs, stems or trunks of vegetation, or
(d) substantially damaging or injuring vegetation in any other way.
"club" means a building used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes whether of the same or a different kind and whether or not the whole or a part of any such building is the premises of a club registered under the Registered Clubs Act 1976 .
"commercial premises" means a building or place used as an office or for other business or commercial purposes, but does not include a building or place elsewhere specifically defined in this Dictionary or a building or place used for a purpose elsewhere specifically defined in this Dictionary.
"community facility" means a building or place owned or controlled by a public authority or community organisation and used for the physical, social, cultural or intellectual development or welfare of the local community, but does not include a building or place elsewhere defined in this Dictionary.
"construction camp" means a temporary camp site for workers involved in a construction activity.
"Council" means Armidale Dumaresq Council.
"Crown land" has the same meaning as in the Crown Lands Act 1989 .
This term is defined as follows:
"Crown land" means land that is vested in the Crown or was acquired under the Closer Settlement Acts as in force before their repeal, not in either case being:
(a) land dedicated for a public purpose, or
(b) land that has been sold or lawfully contracted to be sold and in respect of which the purchase price or other consideration for the sale has been received by the Crown.
"Crown reserve" means a reserve within the meaning of section 78 of the Crown Lands Act 1989 .
"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 in a heritage conservation area, that contributes to its heritage significance.
"dam" means an excavation in which water is stored by the use of earthen walls or walls made of other materials.
"demolish", in relation to a heritage item, or a building, work, relic or tree in 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) of plant, machinery, goods or materials used or intended to be used by the owner or occupier of the building or place, but does not include a building or place elsewhere defined in this Dictionary.
"display", in relation to signage, means the erection of a structure for the purposes of display and the use of land, or a building on land, for the purposes of display.
"dredging work" means:
(a) any work that involves excavating water land, or
(b) any work that involves the removal of material from water land that is prescribed by the regulations to the Fisheries Management Act 1994 as being dredging work to which Division 3 of Part 7 of the Fisheries Management Act 1994 applies.
"drive-in theatre" means any place or structure:
(a) that is used or intended to be used for the purpose of exhibiting or screening films in the open air, and
(b) in respect of which provision is made for the parking or accommodation of motor vehicles from which such films are to be viewed, and
(c) to which admission may ordinarily be gained by members of the public on payment of money, or other consideration, as the price or condition of admission,
and includes any building used or intended to be used in connection with the place or structure.
"dual occupancy" means 2 dwellings (whether attached or detached) on a single lot.
"dwelling" means a building or part of a building used as a self-contained residence.
"dwelling house" means a building containing 1 but not more than 1 dwelling.
"educational establishment" means a building or place used principally for education (including teaching), and includes:
(a) a school or tertiary institution, whether or not accommodation for staff and students is provided and whether or not used for the purposes of gain, and
(b) an art gallery or museum,
with ancillary facilities such as shops and restaurants.
"energy generating facility" means a structure or work that is privately supplied and generates energy for consumption by a development or activity on the same site, but does not include generating works or public utility undertakings.
"entertainment" includes:
(a) amusement provided by means of any ride or device or by any other means (such as pin-ball machines and video games), and
(b) an exhibition, sporting event or contest,
but does not include amusement provided by means of an approved gaming machine within the meaning of the Gaming Machines Act 2001 .
"entertainment facility" means a building or place used for the purpose of sport, entertainment, exhibition, displays, or cultural events, and includes:
(a) sports stadiums, showgrounds, race courses and the like, and
(b) theatres, cinemas, music halls, concert halls, open air theatres, drive-in theatres and the like.
"exhibition home" means a dwelling house or other dwelling used temporarily for display purposes.
"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, gravel, clay, soil, rock, stone or similar substance.
"floor" means that space in 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.
"floor area", of a building, means the total floor area of the building measured from the outside of the external walls or the centre of a common wall.
"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.
"frontage" means a boundary of a lot that abuts a road.
"general advertising" means all signage except for the following:
(a) business identification signs,
(b) building identification signs,
(c) signage, the display of which is exempt development,
(d) signage on vehicles,
and includes any structure for the advertising.
"general agriculture" means the rearing of animals using grazing as a feeding method or the growing of plants using natural rainfall (except for irrigated pasture and fodder crops), but does not include intensive livestock or intensive plant agriculture.
"generating works" means a building or place used for the purpose of making or generating gas, electricity or other forms of energy, but does not include energy generating facilities or public utility undertakings.
"gross floor area" means the sum of the areas of each floor of a building if the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1,400mm above each floor level excluding:
(a) columns, fin walls, sun control devices and any elements, projections or works outside the general lines of the outer face of the external wall,
(b) lift towers, cooling towers, machinery and plant rooms and ancillary storage space and vertical air-conditioning ducts,
(c) car-parking needed to meet any requirements of the council and any internal access thereto,
(d) space for the loading and unloading of goods.
"group home" means a dwelling that is a permanent group home or a transitional group home.
"group of neighbourhood shops" means a group of no more than 4 neighbourhood shops that:
(a) adjoin each other, and
(b) are not located closer than 400 metres to another shop or a business zone.
"hazardous industry" means an industry that, when in operation and when all measures proposed to minimise its impact on the locality have been employed (including measures to isolate the industry from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality:
(a) to human health, life or property, or
(b) to the biophysical environment.
"hazardous storage establishment" means any establishment where goods, materials or products are stored that, in operation and when all measures proposed to minimise its impact on the locality have been employed (including measures to isolate the establishment from existing or likely future development on the other land in the locality), would pose a significant risk in relation to the locality:
(a) to human health, life or property, or
(b) to the biophysical environment.
"health care professional" means a person who provides professional health care services to members of the public.
"helipad" means a place not open to the public used for the taking off and landing of helicopters.
"heliport" means a place open to the public regularly used for the taking off and landing of helicopters, whether or not it includes:
(a) a terminal building, or
(b) facilities for the parking, storage or repair of helicopters.
"heritage conservation area" means an area of land that is shown edged by a broken blue line on the map (including any heritage items situated on or in that conservation area).
"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 or heritage conservation area, and
(b) an assessment of the impact that proposed development will have on that significance, and
(c) proposals for measures to minimise that impact.
"heritage item" means a building, work, 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 Schedule 2.
"heritage significance" means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
"high technology industry" means an industry or associated commercial activity that is directly associated with the activities of a research establishment or tertiary educational establishment or that predominantly involves the use, development or production of advanced technologies.
"highway service centre" means development that has direct access to a freeway or controlled access road and that may include petrol and diesel fuel outlets, toilets, restaurant facilities (for either sit-down or take-away meals, or both), parking for cars, buses and trucks, and emergency repair facilities.
"holding" means all adjoining land, even if separated by a road or railway, held by the same person or persons.
"home business" means a business undertaken by the permanent residents of a dwelling, if no more than 3 other persons are also employed.
"home industry" means an industry carried on in a building (other than a dwelling) under the following circumstances:
(a) the building does not occupy floor space exceeding 50 square metres and is erected in the curtilage of the dwelling house or residential flat building occupied by the person carrying on the industry or on adjoining land owned by that person, and
(b) the industry does not:
(i) interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products or grit, oil or otherwise,
(ii) involve exposure to view from any adjacent premises or from any public place of any unsightly matter, or
(iii) require the provision of any essential service main of a greater capacity than that available in the locality.
"home occupation" means an occupation carried on in a dwelling, or in a building ancillary to a dwelling, by one or more the 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 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.
"hotel" 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 accommodation and whether or not food is sold on the premises.
"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 an extractive industry or a mine.
"institution" means a correctional centre within the meaning of the Crimes (Administration of Sentences) Act 1999 , and includes a correctional complex within the meaning of that Act.
"integrated housing" means the subdivision of land into at least 5 lots, each having an area of at least 232 square metres, and the erection of a single dwelling on each of those lots.
"intensive livestock agriculture" means the keeping or breeding of cattle, poultry, goats, horses or other livestock, that are fed wholly or substantially on externally-sourced feed, and includes the operation of feed lots, piggeries, poultry farms or restricted dairies, but does not include the operation of facilities for drought or similar emergency relief or general agriculture or aquaculture.
"intensive plant agriculture" means the commercial cultivation of fruit, flowers, nuts, vegetables, mushrooms or turf, and includes vineyards, wholesale plant nurseries or the use of hydroponic horticultural systems but does not include where the produce is grown for personal household consumption or enjoyment.
"land" includes:
(a) the sea or an arm of the sea,
(b) a bay, inlet, lagoon, lake or body of water, whether inland or not and whether tidal or non-tidal, and
(c) a river, stream or watercourse, whether tidal or non-tidal, and
(d) a building erected on the land.
"landing area" means an area of ground suitable for the take-off and landing of aeroplanes and associated aeroplane operations.
"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 in a heritage conservation area, means ongoing 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.
"maintenance dredging" means the winning or removal and the disposal of extractive material from the bed of a watercourse to enable the watercourse:
(a) to continue to function as a watercourse, or
(b) to resume its function as a watercourse.
"manufactured home" means a self contained dwelling (that is, a dwelling that includes at least 1 kitchen, bathroom, bedroom and living area and that also includes toilet and laundry facilities), being a dwelling:
(a) that comprises 1 or more major sections, and
(b) that is not a registrable vehicle within the meaning of the Road Transport (Vehicle Registration) Act 1997 ,
and includes any associated structures that form part of the dwelling.
"manufactured home estate" means land on which manufactured homes are, or are to be, erected.
"market" means 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.
"materials recycling facility" means a building or place used for collecting, dismantling, storing or recycling of second-hand or scrap materials, goods or machinery for the purpose of resale, reuse or transfer.
"medical centre" means a building or place used for the purpose of providing professional health services (such as preventative care, diagnosis, medical or surgical treatment, or counselling) to outpatients only.
"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.
"mineral" has the same meaning as in the Mining Act 1992 .
"mining" means obtaining (by methods including excavating, quarrying, dredging, tunnelling or drilling) or removing minerals, petroleum or natural gas and includes the storage and processing of the material obtained.
"mixed use development" means a building or place comprising 2 or more different land uses.
"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.
"motel" means premises used for the temporary or short-term accommodation of travellers but does not include premises defined elsewhere in this Dictionary.
"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 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.
"natural wetland" includes marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow watercourse (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.
"neighbourhood shop" means a shop used for the purposes of selling small daily convenience goods such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank or dry cleaning, but does not include restricted premises.
"Obstacle Limitation Surface Plan" means the plan entitled Obstacle Limitation Surface Plan approved by the Commonwealth Civil Aviation Safety Authority and held in the office of the Council.
"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.
"passenger transport terminal" 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
"place of public entertainment" has the same meaning as in the Act.
The term is defined as follows:
"place of public entertainment" means:
(a) any theatre or cinema (including a drive-in or open-air theatre or cinema) that is used or intended to be used for the purpose of providing public entertainment, or
(b) any premises the subject of a licence under the Liquor Act 1982 or a certificate of registration under the Registered Clubs Act 1976 , that are used or intended to be used for the purpose of providing entertainment, including public entertainment, but not including amusement provided by means of an approved gaming machine within the meaning of the Gaming Machines Act 2001 , or
(c) any public hall that is used or intended to be used for the purpose of providing public entertainment.
"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.
"permanent group home" means a dwelling:
(a) used to provide a household environment for disabled persons or socially disadvantaged persons, whether those persons are related or not, and
(b) occupied by the persons referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care and with or without payment for board and lodging being required,
but does not include a building to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies or a transitional group home.
"premises" means any of the following:
(a) a building of any description or any part of it and the appurtenances to it,
(b) a manufactured home, moveable dwelling and associated structure,
(c) land, whether built on or not,
(d) a shed or other structure,
(e) a tent,
(f) a swimming pool,
(g) a ship or vessel of any description (including a houseboat), or
(h) a van.
"professional consulting office" means a building or place used for the purpose of professional or like activities that do not involve dealing with members of the public on a direct and regular basis or otherwise than by an appointment, except if this is a minor activity ancillary to the main purpose for which the building or place is used.
"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 road" has the same meaning as in the Roads Act 1993 .
The term is defined as follows:
"public road" means:
(a) any road that is opened or dedicated as a public road, whether under this or any other Act or law, and
(b) any road that is declared to be a public road for the purposes of this Act.
"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.
"railway" means a fixed rail transport route for conveying passengers and goods.
"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.
"recreation facility" means a building or place used for indoor recreation, a billiard saloon, table tennis centre, squash court, swimming pool, gymnasium, health studio, bowling alley, fun parlour or any other building of a like character used for recreation and whether used for the purpose of gain or not, but does not include an entertainment facility.
"recreation vehicle area" has the same meaning as in the Recreation Vehicles Act 1983 .
"refreshment room" means a cafe, tea room, eating house, kiosk or the like that has a floor space of less than 75 square metres, but does not include a restaurant.
"relic" means any deposit, object or other material evidence of human habitation:
(a) that relates to the settlement of the area of Armidale Dumaresq, not being Aboriginal settlement, and
(b) that is more than 50 years old, and
(c) that is a fixture or is wholly or partly in the ground.
"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 commercial premises or shops that, due to their nature, restrict access to patrons or customers over 18 years of age, and includes sex shops and similar premises, but does not include a hotel, a motel, a pub, home occupation (sex services) or sex services premises.
"retail plant nursery" means a building or place where trees, shrubs, plants, bulbs, seeds and propagating material are offered for sale (whether by retail or wholesale), and may include the sale of landscape supplies (including earth products or other landscape and horticulture products) and the carrying out of horticulture.
"road" means a public road or a private road within the meaning of Roads Act 1993 , and includes a classified road.
"road transport terminal" means a building or place used for the bulk handling of goods for transport by motor vehicle, and includes the loading and unloading of containers.
"roadside stall" means a place or temporary structure 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.
"rural industry" means an industry that involves the handling, treating, production, processing or packing of primary products, and includes the servicing in a workshop of plant or equipment used for rural purposes in the locality, but does not include an extractive industry or mining.
"rural worker’s dwelling" means a dwelling, ancillary to a dwelling house on the same landholding, used as the principal place of residence by persons employed for the purpose of agriculture or a rural industry on that land.
"sawmill" means a building or place used for handling, cutting, chipping, pulping or otherwise processing logs, baulks, branches or stumps, principally derived from surrounding districts, into timber or other products derived from wood.
"service station" means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil or other petroleum products, whether or not the building or place is also used for one or more of the following:
(a) the hiring of trailers,
(b) the retail selling or the installing of spare parts and accessories for motor vehicles,
(c) the washing and greasing of motor vehicles,
(d) the repairing or servicing of motor vehicles (not involving body building, panel beating or spray painting),
(e) the retail selling or hiring of small consumer goods.
"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.
"sex services" means sexual acts or sexual services in exchange for payment.
"sex services premises" means a brothel, but does not include home occupation (sex services).
"shop" means 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).
"signage" means all signs, notices, devices, representations and advertisements that advertise or promote any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage and includes:.
(a) building identification signs, and
(b) business identification signs, and
(c) advertisements,
but does not include traffic signs or traffic control facilities.
"stock and sale yard" means a building or place used on a commercial basis for the purpose of offering livestock or poultry for sale and may be used for the short-term storage and watering of stock.
"take away food outlet" means a shop that is predominantly for the preparation of food and refreshments for consumption elsewhere.
"telecommunications facility" means a building, structure, or thing, including telecommunications line, equipment, apparatus, telecommunications tower, mast, antenna, tunnel, duct, hole, pit or pole, that is used 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.
"the Act" means the Environmental Planning and Assessment Act 1979 .
"the map" means the map marked “ Armidale Dumaresq Local Environmental Plan 2007 ”, as amended by the maps (or sheets of maps) marked as follows:
Note: The amending maps are not necessarily listed in the order of publication on the NSW legislation website. Information about the order of publication can be determined by referring to the Historical notes at the end of the Plan.
Armidale Dumaresq Local Environmental Plan 2008 (Amendment No 3)
Armidale Dumaresq Local Environmental Plan 2008 (Amendment No 6)
"threatened species, populations or ecological communities" means species, populations or ecological communities specified in Schedule 1, 1A or 2 of the Threatened Species Conservation Act 1995 or Schedules 4, 4A or 5 of the Fisheries Management Act 1994 .
"tourist facility" means an establishment providing for holiday accommodation or recreation and may include a boatshed, boat handling facilities, camping ground, caravan park, holiday cabins, hotel, house boat, marina, motel, playground, refreshment room, water sport facilities or a club used in conjunction with any tourist activities.
"transitional group home" means a dwelling:
(a) used to provide temporary accommodation, for the purposes of relief or rehabilitation, for disabled persons or socially disadvantaged persons, whether those persons are related or not, and
(b) occupied by the persons referred to in paragraph (a) as a single household, either with or without paid or unpaid supervision or care and either with or without payment for board and lodging being required,
but does not include a building to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.
"transport depot" means a building or space used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a passenger transport undertaking, business, industry or shop.
"urban release area" means an area of land shown hatched and lettered “Urban Release Area” on the Urban Release Area Map.
"Urban Release Area Map" means Sheet 4 of the map.
"vehicle body repair workshop" means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.
"vehicle repair station" means a building or place used for the purpose of carrying out repairs or the selling of, and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop.
"vehicle showroom" means a building or place used for the display or sale of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.
"veterinary hospital" means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purposes of treatment and may include laboratory facilities.
"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 depot" 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.
"waste disposal facility" means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.
"waste water treatment facility buffer area" means the area within 900 metres of MGA Zone 56 (GDA 94) Coordinates E 376487.97 N 6623317.44.
"water land" has the same meaning as in the Fisheries Management Act 1994 .
The term is defined as follows:
"water land" means land submerged by water:
(a) whether permanently or intermittently, or
(b) whether forming an artificial or natural body of water,
(c) and includes wetlands and any other land prescribed by the regulations as water land to which this Division applies.
"waterbody" means a natural body of water, whether perennial or intermittent fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes:
(a) a river, creek or stream that is named or is shown as a permanent watercourse on 1:25,000 topographic maps prepared by the Department of Lands, or
(b) a lake, lagoon, natural wetland, estuary, bay or inlet.
"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.
"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).


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