New South Wales Consolidated Regulations

HASTINGS LOCAL ENVIRONMENTAL PLAN 1987 - REG 8

8 Interpretation

(1) In this plan, except in so far as the context or subject matter otherwise indicates or requires:
"acid sulfate soil" means soil containing highly acidic soil horizons or layers resulting from the aeration of soil materials that are rich in iron sulfides, primarily pyrite.
"acid sulfate soils map" means the map marked “ Hastings Local Environmental Plan 1987-Acid Sulfate Soils Map ”, kept in the office of the council.
"actual acid sulfate soils" means acid sulfate soils containing acidic soil material resulting from the oxidation of iron sulfides. The soil material has a pH of less than 4.0 when measured in dry season conditions and may be identified by yellow mottles and coatings of jarosite, overlying potential acid sulfate soils or 0.05% or more oxidisable sulfur.
"aeroplane landing area" means an area in private ownership and not used for scheduled public aircraft flights, which is set apart for the taking off and landing of light aircraft and complies with the requirements of the Civil Aviation Authority, but does not include a helipad. (For the purposes of this definition, "light aircraft" means an aircraft of no more than 5 700 kilograms take-off weight.)
"alter", in relation to a heritage item means:

(a) make structural changes to the outside of the heritage item, or

(b) make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, not including changes that result from maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item.

"animal boarding or training establishment" means a building or place in or on which the commercial boarding, breeding, keeping, maintaining, receiving or training of horses, dogs or cats is carried out, and includes riding schools and the like.
"appointed day" means the day on which this plan takes effect.
"arterial road" means a road or proposed road:

(a) indicated on the map by a continuous red line between black lines,

(b) within Zone No 9 (b), or

(c) indicated on the map by parallel intermittent black lines.

"bed and breakfast establishment" means a building used as a dwelling-house and for providing holiday accommodation. Such holiday accommodation is to be limited to three bedrooms and is not to include self-contained accommodation.
"brothel" means premises habitually used for the purposes of prostitution or premises that are designed to be used for that purpose. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution ( "prostitution" meaning engaging in sexual acts or providing sexual services in return for payment or other material reward, otherwise than in the normal course of a medical or veterinary practice).
"car parking" means the use of land for the parking of private passenger vehicles, and includes:

(a) a public carpark provided by the Council, or

(b) a private carpark ancillary to a land use on adjacent land, whether or not the carpark is situated on land within a zone which prohibits that land use.

"caravan park" means land used for the placement of movable dwellings and which may be so used only if authorised by a licence issued under section 289H of the Local Government Act 1919 .
"cluster housing" means integrated residential development that consists of:

(a) the subdivision of land into 3 or more allotments, and

(b) the erection of a dwelling-house on each of the allotments to be created by that subdivision, but only if the erection of the dwelling-house occurs prior to the issue of a subdivision certificate (except where a strata management statement, or restriction as to user, prohibits any dwelling-house on each lot other than the dwelling-house consented to as part of the cluster housing consent).

"community centre" means:

(a) a building used for the purpose of rest rooms, meeting rooms or indoor recreation or for providing other similar facilities,

(b) a building or place used for the purpose of conducting social functions, child minding, cultural activities or other similar activities, or

(c) a building or place used for any combination of those purposes,

but does not include a place of assembly.
"conservation plan" means a document establishing the significance of a heritage item and identifying the policies that are appropriate to enable that significance to be retained in its future use and development.
"Council" means the Council of the Municipality of Hastings.
"demolition" means the destruction, pulling down, dismantling or removal of a building or structure, in whole or in part, and in relation to a heritage item, includes the damaging or defacing of the heritage item, in whole or in part.
"dual occupancy" means 2 dwellings (whether attached or detached) on:

(a) a single allotment of land, or

(b) 2 allotments of land created in accordance with State Environmental Planning Policy No 25-Residential Allotment Sizes and Dual Occupancy Subdivisions .

"dwelling-house" means a building containing one, but not more than one, dwelling, but does not include a building elsewhere specifically defined in this plan or a building used for a purpose elsewhere specifically defined in this plan.
"Environment Protection Authority’s guidelines" means “ Environmental Guidelines: Assessing and Managing Acid Sulfate Soils ”, published by the Environment Protection Authority, as amended from time to time.
"exhibition home" means the use, for display purposes, of:

(a) a dwelling-house, or

(b) a dwelling forming part of a dual occupancy, cluster housing or a residential flat building.

"floor space ratio" means the ratio of gross floor area to site area.
"floor space ratio map" means the map marked “ Hastings Local Environmental Plan 1987-Floor Space Ratios ”, 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.

Hastings Local Environmental Plan 1987-Floor Space Ratios (Amendment No 36)

Hastings Local Environmental Plan 1987-Floor Space Ratio Map (Amendment No 54)

"frontage", in relation to an allotment of land, means that portion of the allotment abutting a public road.
"front building alignment", in relation to a building, means the point of the building closest to a road to which the allotment on which that building is erected has access.
"Hastings DCP No 36" means Hastings Development Control Plan No 36-Exempt and Complying Development , as adopted by the Council on 26 May 2003, and as amended by the following development control plans with their respective Council adoption dates:

Port Macquarie-Hastings Development Control Plan (Associated Amendments) 2006 -27 March 2006

"heritage item" means a building, work, relic, tree, or place of heritage significance to the Municipality of Hastings described in Schedule 1.
"heritage significance" means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
"home business" means a business, industry or occupation carried on by the occupants in or within the curtilage of a dwelling-house or a residential flat building.
"intensive livestock keeping establishment" means a building or place in which or on which cattle, sheep, goats, poultry or other livestock are held for the purpose of nurturing either wholly or partially by a feeding method other than natural grazing, and without limiting the generality of the foregoing, includes:

(a) feed lots,

(b) piggeries,

(c) poultry farms, and

(d) similar purposes,

but does not include an animal boarding or training establishment or an establishment for the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of the land.
"main road" means a road or work, or a proposed road or work, declared under section 46 to 53 of the Roads Act 1993 to be a:

(a) main road,

(b) State highway,

(c) freeway,

(d) controlled access road,

(e) secondary road,

(f) tourist road,

(g) tollway, or

(h) State work.

"maintenance" means the continuous protective care of the fabric of a heritage item and its setting.
"medical centre" means a building used by one or more legally qualified medical practitioners or by one or more dentists within the meaning of the Dentists Act 1989 , or by one or more health care professionals, who practise therein the profession of medicine, dentistry or health care respectively, and who employ ancillary staff in connection with that practice.
"miscellaneous forestry" means operations involving the harvesting of native forests for poles, sleepers, girders, piles, pit props and fencing materials, but does not include operations involving:

(a) the reduction in the canopy of a forest below a level of 20 per cent of the canopy, or

(b) the clearfelling of an area in excess of 2 hectares.

"movable 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) any conveyance, structure or thing of a class or description prescribed under section 289E of the Local Government Act 1919 .

"multiple occupancy" means a type of residential accommodation or occupation, on a clustered or dispersed basis, of rural properties held in common ownership in the form of individual buildings or groups or clusters of buildings which together function as dwelling-houses.
"neighbourhood centre" means an integrated development containing shops and commercial premises which serve the local community and are limited in scale, with ancillary parking and landscaping and whether or not it also contains development for the purposes of a bus station, child care centre, club, community centre, dwelling attached to other buildings, hotel, place of assembly, place of public worship, medical centre, public building, recreation facility, refreshment room, retail plant nursery or service station.
"place of assembly" means a public hall, theatre, cinema, music hall, concert hall, dance hall, open-air theatre, drive-in theatre, music bowl, racecourse, showground, or any other building of a like character used as such and whether used for the purposes of gain or not, but does not include a place of public worship, an institution or an educational establishment.
"potential acid sulfate soils" means soil material which is waterlogged and contains oxidisable sulfur compounds and that has a field pH of 4 or more but will become severely acid when oxidised.
"potential historical archaeological site" means a site identified in Schedule 1A as a site of potential historical archaeological significance.
"public utility undertaking" means any of the following undertakings carried on or permitted or suffered 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,

(c) emergency services,

(d) waste management facilities,

and a reference to a person carrying on a public utility undertaking shall be construed as including a reference to a council, county council, Government Department, corporation, firm or authority carrying on the undertaking.
"recreation area" means:

(a) a children’s playground,

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

(c) an area used by the Council to provide recreational facilities for the physical, cultural or intellectual welfare of the community, or

(d) an area used by a body of persons associated for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes,

but does not include a racecourse or a showground.
"relic" means any deposit, object or material evidence (terrestrial or underwater) relating to the use or settlement of the area of the land to which this plan applies which is 50 or more years old.
"rural tourist facility" means an establishment providing holiday accommodation, recreation or educational facilities which is or are compatible in form and density with the rural nature of the locality in which the establishment is situated.
"selective logging" means operations involving the logging of native forests for sawlogs, but does not include operations involving:

(a) the reduction in the canopy of a forest below a level of 20 per cent of the canopy, or

(b) the clearfelling of an area in excess of 2 hectares.

"the map" means the map marked “ Hastings Local Environmental Plan 1987 ” 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.

Hastings Local Environmental Plan 1987 (Amendment No 1)

Hastings Local Environmental Plan 1987 (Amendment No 3)

Hastings Local Environmental Plan 1987 (Amendment No 7)

Hastings Local Environmental Plan 1987 (Amendment No 8)

Hastings Local Environmental Plan 1987 (Amendment No 10)

Hastings Local Environmental Plan 1987 (Amendment No 11) , except for the area marked “Deferred”

Hastings Local Environmental Plan 1987 (Amendment No 14)

Hastings Local Environmental Plan 1987 (Amendment No 18)

Hastings Local Environmental Plan 1987 (Amendment No 23)

Hastings Local Environmental Plan 1987 (Amendment No 24)

Hastings Local Environmental Plan 1987 (Amendment No 25)

Hastings Local Environmental Plan 1987 (Amendment No 26)

Hastings Local Environmental Plan 1987 (Amendment No 31)

Hastings Local Environmental Plan 1987 (Amendment No 35)

Hastings Local Environmental Plan 1987 (Amendment No 39)

Hastings Local Environmental Plan 1987 (Amendment No 40)

Hastings Local Environmental Plan 1987 (Amendment No 50)

Hastings Local Environmental Plan 1987 (Amendment No 52)

Hastings Local Environmental Plan 1987 (Amendment No 53)

Hastings Local Environmental Plan 1987 (Amendment No 54)

Hastings Local Environmental Plan 1987 (Amendment No 55)

Hastings Local Environmental Plan 1987 (Amendment No 56)

Hastings Local Environmental Plan 1987 (Amendment No 57)

Hastings Local Environmental Plan 1987 (Amendment No 66)

Hastings Local Environmental Plan 1987 (Amendment No 68)

Hastings Local Environmental Plan 1987 (Amendment No 70)

Hastings Local Environmental Plan 1987 (Amendment No 71)

Hastings Local Environmental Plan 1987 (Amendment No 78)

Hastings Local Environmental Plan 1987 (Amendment No 79)

Hastings Local Environmental Plan 1987 (Amendment No 81)

Hastings Local Environmental Plan 1987 (Amendment No 85)

Hastings Local Environmental Plan 1987 (Amendment No 86)

Hastings Local Environmental Plan 1987 (Amendment No 88)

Hastings Local Environmental Plan 1987 (Amendment No 96)

Hastings Local Environmental Plan 1987 (Amendment No 100)

Hastings Local Environmental Plan 1987 (Amendment No 104)

Hastings Local Environmental Plan 1987 (Amendment No 106)

Hastings Local Environmental Plan 1987 (Amendment No 108)

Hastings Local Environmental Plan 1987 (Amendment No 110)

"utility installation" means:

(a) a building or work used by a public utility undertaking, but does not include a building designed wholly or principally as administrative or business premises or as a showroom, or

(b) a radio or television transmitter tower.

"waste management facility" means any council controlled premises or works used for the storage, treatment, reprocessing, sorting or disposal of waste and, without limiting the generality of the forgoing, includes:

(a) waste management and disposal centres, including landfill sites and waste transfer stations,

(b) recycling facilities, including material recovery facilities and waste processing facilities, and

(c) parking or storage areas for equipment and plant associated with the council’s waste management program.

"worker’s dwelling-house" means a dwelling-house which is on land on which there is already a dwelling-house and which is occupied by persons engaged in rural occupations on that land.

(2) In this plan, except in so far as the context or subject-matter otherwise indicates or requires:

(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 11 is a reference to land shown on the map in the manner indicated in that clause as applicable to indicate land of the zone so specified.