New South Wales Consolidated Regulations

CESSNOCK LOCAL ENVIRONMENTAL PLAN 1989 - REG 5

5 Definitions

(1) In this plan:
"accommodation" means a dwelling, room or the like in which a person may live.
"advertising structure" has the same meaning as it has in the Act.
"agriculture" means the use of land for the purposes of animal husbandry, including the keeping or breeding of livestock and the growing of fruit, vegetables and the like, but does not include the use of the land for the purposes of a commercial vineyard or a building or place used for a purpose elsewhere specifically defined in this clause.
"amusement park" means an area of land open to the public and containing a number of buildings which constitute or contain various mechanical devices for entertainment, operated with a view to obtaining a profit, but does not include an area of land used only temporarily for a fete, bazaar or similar event to raise funds for a charitable or community project.
"appointed day" means the day on which this plan takes effect.
"art gallery" means a building or part of a building used for the display and sale of works of art.
"automotive use" means a use of a building or place for the purpose of fuelling, lubricating, cleaning, caring for, maintaining or repairing motor vehicles or of offering for sale and installing automotive accessories or parts, and includes a car repair station, an auto-electrician’s workshop, a shop for the sale of automotive spare parts, tyres or car batteries, a tyre retreading workshop and any other establishment performing similar functions.
"bed and breakfast accommodation" means an establishment operated by the permanent residents of a dwelling-house which:

(a) provides temporary accommodation for the short-term traveller,

(b) offers meals for guests only,

(c) does not accommodate more than 12 persons,

(d) does not have a floor area greater than 300 m 2,

(e) does not contain cooking facilities in rooms for the preparation of meals by guests,

(f) is not used in whole or in part for the permanent or long-term accommodation of any person other than the person or persons who normally reside in the dwelling-house, and

(g) is contained wholly within the confines of that dwelling-house.

"brothel" means a premises habitually used for the purposes of prostitution. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.
"cellar door facility" means a building or part of a building used for offering wine for sale by retail that is erected on an allotment of land on which is situated a commercial vineyard of at least 2 hectares that produces at least 10 tonnes of grapes annually, but only if:

(a) at least 85 percent (by volume) of the wine offered for sale is made from grapes grown in the Hunter Valley, or

(b) all of the wine offered for sale is produced in a winery situated on the land.

"child care centre" means a building or place used for the purpose of caring for children and includes:

(a) a dwelling-house adapted for use solely for that purpose,

(b) a public hall used for that purpose, or

(c) part of a shop or factory used for that purpose,

but does not include a dwelling being used as a domicile.
"clearing" means damage to, or the destruction of, a tree, shrub or other plant on land (other than any damage or destruction exempted by a tree preservation order made by the Council) and includes the poisoning, severing, ringbarking or lopping of branches, limbs, stems or trunks of a tree, shrub or other plant.
"commercial sign" means an advertisement, whether illuminated or not, which:

(a) does not exceed 1 square metre in area, and

(b) in respect of any place or premises to which it is affixed, contains only:

(i) a reference to the identification or description of the place or premises,

(ii) a reference to the identification or description of any person residing or carrying on an occupation at the place or premises,

(iii) particulars of any occupation carried on at the place or premises,

(iv) such directions or cautions as are usual or necessary relating to the place or premises or any occupation carried on at the place or premises,

(v) particulars or notifications required or permitted to be displayed by or under any Act or any Act of the Parliament of the Commonwealth,

(vi) particulars relating to the goods, commodities or services dealt with or provided at the place or premises,

(vii) a notice that the place or premises is or are for sale or letting together with particulars of the sale or letting, or

(viii) particulars of any activities held or to be held at the place or premises.

"commercial vineyard" means a plantation of grape vines, commercially grown for grape or wine production purposes.
"community centre" means a building or place owned or controlled by the Council or a public authority and used to provide facilities comprising or relating to any one or more of the following:

(a) a public library,

(b) public health services,

(c) rest rooms,

(d) meeting rooms,

(e) indoor recreation,

(f) child minding facilities,

(g) any other like purpose.

"conference facilities" means a building or buildings used for the purpose of meetings or gatherings of any organisation, association or group or for the purpose of conventions, training or meetings or any other like purpose.
"conservation area" means the land edged heavy black and marked “conservation area” on the map.
"Council" means the Council of the City of Cessnock.
"crematorium" means a furnace for cremating human corpses and includes a building containing such a furnace and any ancillary chapel and building.
"dam" means a barrier, embankment or excavated earth structure, generally built in or near a flowline or hillside, which has the primary function of impounding water for storage. The stored water may be used for such purposes as, but not limited to, stock watering, domestic supply, irrigation, tourism, aesthetic purposes, firefighting, soil erosion or pollution control.
"demolition", in relation to a building or work, means the damaging, defacing, destruction, pulling down or removal of that building or work, in whole or in part.
"environmental facilities" means structures or works that provide for nature or scientific study or display or interpretation facilities (such as walking tracks, board walks, observation decks or bird hides).
"existing holding" means any of the following areas of land:

(a) the area of a lot, portion or parcel of land as it was as at 31 December 1984 or, if at that date the owner of the lot, portion or parcel also owned one or more adjoining or adjacent lots, portions or parcels, the aggregation of the areas of all of those lots, portions and parcels as they were at that date,

(b) the area of a holding referred to in paragraph (a) that has been affected since 31 December 1984 only by a subdivision of a type referred to in clause 11 (2) or 12 (3),

(c) the area of a lot lawfully created:

(i) under clause 12 (4) (before the repeal of that subclause by Cessnock Local Environmental Plan 1989 (Amendment No 109) ), or

(ii) by a subdivision for the purpose of a dwelling-house or for another purpose that included the ancillary erection of a dwelling-house, pursuant to an objection under State Environmental Planning Policy No 1-Development Standards to a provision of this plan (other than clause 11 (4)).

"external surfaces" in relation to a building, includes external walls and any cladding on the building, doors and window frames (but not window panes), columns, roofs, fences and any other surface visible from the outside of the building.
"extractive material" means sand, gravel, clay, turf, soil, rock, stone and similar substances, but does not include petroleum, coal, shale, any metal or any mineral within the meaning of the Mining Act 1973 .
"feed lot" means an enclosure where animals are aggregated, where the aggregation is above the normal carrying capacity of the holding on which the enclosure is constructed.
"floodway" means the channel of a river or stream and those portions of the flood plain adjoining the channel which are required to carry and discharge floodwaters, being land marked “floodway” on the map.
"holiday cabin" means a dwelling used, constructed or adapted to be used for the provision of temporary accommodation for holiday purposes only, being one of a group of similar dwellings erected on an allotment of land or allotments of land in the same ownership.
"home business" means a business, profession or trade, (not being a home industry, home occupation or professional consulting room) carried on in part of a dwelling or within the curtilage of a dwelling, or on adjoining land in the same ownership, by a permanent resident of the dwelling or by persons employed by, or employing or in partnership with, that resident.
"horse training establishment" means premises used for the training, education and breaking-in of horses, and includes ancillary buildings such as stables, feed rooms, staff residential quarters, amenities buildings, garages and trainers’ residences.
"hotel" means any premises specified in a hotelier’s licence under the Liquor Act 1982 which is primarily used or intended to be used for the sale of liquor by retail, whether or not for consumption on the premises.
"integrated tourist development" means the use of land for the purposes of 10 or more tourist accommodation units (the units being the predominant part of the development) in association with one or more tourist associated land uses such as refreshment rooms, conference facilities, wineries and the like.
"item of the environmental heritage" means a building, work, relic or place of historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance to the City of Cessnock which is:

(a) situated on land edged heavy black and marked “Heritage Conservation” on the map, or

(b) described in Schedule 3.

"junkyard" means land used:

(a) for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles, recycled building materials or other scrap materials or goods (such as recycled timber, concrete, windows, bricks, iron, pipe and the like), or

(b) for the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of any parts of such automobiles, vehicles or machinery.

"multiple dwelling" means 3 or more dwellings, whether or not attached, on a single lot of land, each with private open space at or near ground level, consisting of development commonly referred to as medium density residential development such as villas and townhouses, but does not include residential flat buildings.
"native vegetation" means any of the following types of indigenous vegetation:

(a) trees,

(b) understorey plants,

(c) groundcover,

(d) plants occurring in a wetland,

and includes aquatic, estuarine and marine vegetation.
"natural ground level" means the actual physical level of a site at the appointed day.
"permanent or long-term accommodation" means accommodation that is, or is to be, occupied by a person as the person’s principal place of residence for more than 42 consecutive days (or, in aggregate, more than 150 days in any 12 month period), whether or not occupation of the accommodation involves the payment of money.
"reception establishment" means a building or place used for the purpose of wedding receptions, birthday parties, conferences, conventions and the like where admission is by private invitation, but does not include a refreshment room or hotel.
"recreation area" means:

(a) a children’s playground,

(b) an area used for sporting activities or sporting facilities,

(c) 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:

(i) the Council,

(ii) a public authority, or

(iii) a body of persons associated for the purposes of the physical, cultural or intellectual welfare of persons within the community,

but does not include a racecourse or a showground.
"relic" means any deposit, object or material evidence relating to the settlement (including Aboriginal habitation) prior to 1 January 1900 of the area of the City of Cessnock.
"renovation", in relation to a building or work, means:

(a) the making of structural changes to the inside or outside of the building or work, or

(b) the making of non-structural changes to the fabric or appearance of the outside of the building or work, including changes that involve the repair or the painting, plastering or other decoration of the outside of the building or work.

"riding school" means a building or place used for the purpose of teaching horse riding skills or for the hiring of horses for recreational riding, whether or not accommodation is also provided for the riders.
"stable" means a building or place used or designed for use for the purpose of receiving, maintaining, boarding or keeping horses.
"temporary accommodation" means accommodation that is, or is to be, occupied by a person for no more than 42 consecutive days (or, in aggregate, no more than 150 days in any 12 month period), whether or not occupation of the accommodation involves the payment of money.
"the Act" means the Environmental Planning and Assessment Act 1979 .
"the Hunter Valley" means the land within the catchment area of the Hunter River.
"the map" means the series of maps marked “ Cessnock Local Environmental Plan 1989 ”, as amended by the maps marked as follows:

Note: The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

Cessnock Local Environmental Plan 1989 (Amendment No 1)

Cessnock Local Environmental Plan 1989 (Amendment No 2)

Cessnock Local Environmental Plan 1989 (Amendment No 3)

Cessnock Local Environmental Plan 1989 (Amendment No 4)

Cessnock Local Environmental Plan 1989 (Amendment No 6)

Cessnock Local Environmental Plan 1989 (Amendment No 8)

Cessnock Local Environmental Plan 1989 (Amendment No 9)

Cessnock Local Environmental Plan 1989 (Amendment No 10)

Cessnock Local Environmental Plan 1989 (Amendment No 11)

Cessnock Local Environmental Plan 1989 (Amendment No 12)

Cessnock Local Environmental Plan 1989 (Amendment No 13) , Sheet 2

Cessnock Local Environmental Plan 1989 (Amendment No 14)

Cessnock Local Environmental Plan 1989 (Amendment No 15)

Cessnock Local Environmental Plan 1989 (Amendment No 18)

Cessnock Local Environmental Plan 1989 (Amendment No 20)

Cessnock Local Environmental Plan 1989 (Amendment No 21)

Cessnock Local Environmental Plan 1989 (Amendment No 23)

Cessnock Local Environmental Plan 1989 (Amendment No 24)

Cessnock Local Environmental Plan 1989 (Amendment No 25)

Cessnock Local Environmental Plan 1989 (Amendment No 26)

Cessnock Local Environmental Plan 1989 (Amendment No 30) -Sheets 1-7

Cessnock Local Environmental Plan 1989 (Amendment No 33)

Cessnock Local Environmental Plan 1989 (Amendment No 34)

Cessnock Local Environmental Plan 1989 (Amendment No 35)

Cessnock Local Environmental Plan 1989 (Amendment No 37)

Cessnock Local Environmental Plan 1989 (Amendment No 38)

Cessnock Local Environmental Plan 1989 (Amendment No 40)

Cessnock Local Environmental Plan 1989 (Amendment No 41)

Cessnock Local Environmental Plan 1989 (Amendment No 44)

Cessnock Local Environmental Plan 1989 (Amendment No 47)

Cessnock Local Environmental Plan 1989 (Amendment No 49) -Sheets 3, 5 and 6

Cessnock Local Environmental Plan 1989 (Amendment No 53)

Cessnock Local Environmental Plan 1989 (Amendment No 58)

Cessnock Local Environmental Plan 1989 (Amendment No 59)

Cessnock Local Environmental Plan 1989 (Amendment No 60)-Hunter Employment Zone

Cessnock Local Environmental Plan 1989 (Amendment No 70)

Cessnock Local Environmental Plan 1989 (Amendment No 75)

Cessnock Local Environmental Plan 1989 (Amendment No 77)

Cessnock Local Environmental Plan 1989 (Amendment No 79)-Sheets 1 and 2

Cessnock Local Environmental Plan 1989 (Amendment No 80)

Cessnock Local Environmental Plan 1989 (Amendment No 84) -Sheet 1

Cessnock Local Environmental Plan 1989 (Amendment No 87)

Cessnock Local Environmental Plan 1989 (Amendment No 91)

Cessnock Local Environmental Plan 1989 (Amendment No 93)

Cessnock Local Environmental Plan 1989 (Amendment No 99) -Sheet 1

Cessnock Local Environmental Plan 1989 (Amendment No 101)

Cessnock Local Environmental Plan 1989 (Amendment No 102)

Cessnock Local Environmental Plan 1989 (Amendment No 103)

Cessnock Local Environmental Plan 1989 (Amendment No 106)

Cessnock Local Environmental Plan 1989 (Amendment No 107)

Cessnock Local Environmental Plan 1989 (Amendment No 108)

Cessnock Local Environmental Plan 1989 (Amendment No 112)

Cessnock Local Environmental Plan 1989 (Amendment No 114)

Cessnock Local Environmental Plan 1989 (Amendment No 115)

"tourist accommodation building" means a building or part of a building containing one or more tourist accommodation units.
"tourist accommodation unit" means premises used for the temporary accommodation of up to 4 tourists in a maximum of 2 bedrooms for up to 42 consecutive days or, in aggregate, 150 days in any 12-month period, but does not include bed and breakfast accommodation.
"tourist recreation facilities" means an establishment primarily providing or intending to provide temporary accommodation for holiday purposes, entertainment or recreation, and may include such things as arts and crafts industries, camping grounds, caravan parks, equestrian centres, holiday cabins, motels, playgrounds, refreshment rooms, water sports facilities, premises specified in any licence (including a hotelier’s licence) under the Liquor Act 1982 , a club (whether or not registered under the Registered Clubs Act 1976 ) used in conjunction with any such activities, tourist accommodation buildings, tourist accommodation units or other services primarily intended to serve the needs or interests of tourists or holiday makers.
"tourist-related craft shop" means a building or part of a building used for the display and sale of tourist-related craft merchandise.
"waste management facilities or works" 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 commercial gain is obtained from such operations.
"wine storage facility" means a building or part of a building (not forming part of a winery) that is:

(a) erected on an allotment of land on which is situated a commercial vineyard, and

(b) used for the purpose of storing wine made by the owner of the land, 85 percent (by volume) of which is made from grapes grown in the Hunter Valley.

"winery" means a building used for the purposes of manufacturing and storing wine.

(2) In this plan:

(a) a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose,

(b) a reference to a map is a reference to a map deposited in the office of the Council, and

(c) a reference to land within a zone specified in clause 8 is a reference to land shown on the map in the manner specified in relation to that zone in that clause as the means of identifying land of the zone so specified.

(3) Notes included in this plan do not form part of this plan.