New South Wales Consolidated Regulations

HAWKESBURY LOCAL ENVIRONMENTAL PLAN 1989 - REG 5

5 Definitions

(1) In this plan:
"access ramp" means a continuous slope joining two different levels of land or different floor levels allowing people with disabilities to gain access to a building or area.
"acid sulfate soils" means actual or potential acid sulfate soils, as defined in the Acid Sulfate Soils Assessment Guidelines .
"Acid Sulfate Soils Assessment Guidelines" means the Acid Sulfate Soils Assessment Guidelines as published by the NSW Acid Sulfate Soils Management Advisory Committee and adopted for the time being by the Director-General.
"Acid Sulfate Soils Planning Map" means the map marked “ Acid Sulfate Soils Planning Map ”.
"agriculture" means the use of land for any of the following purposes:

(a) horticulture,

(b) husbandry (including the keeping or feeding of livestock, poultry, fish or bees),

(c) growing of fruit, vegetables and the like,

but does not include animal establishments or intensive agriculture (within the meaning of clause 44) or any use of the land for a purpose listed in paragraphs (a)-(c) if the produce is for the personal consumption or enjoyment of the occupier of the land.
"alter", in relation to a heritage item or to a building or work within a conservation area, means:

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

(b) the making of non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work not including the maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item, building or work.

"animal establishment" means a building or place used or intended for use for the intensive purposes of husbandry, boarding, training or the keeping (or any combination of them) of animals, birds or fish.
"appointed day" means the day on which this plan takes effect.
"arterial road" means:

(a) any existing road indicated on the map by a continuous red line between firm red lines,

(b) any proposed road indicated on the map by a broken red band between broken red lines, or

(c) any proposed road widening indicated on the map by a broken red band between red lines.

"bulky goods sales room or showroom" means a building or place used for the sale by retail or auction, the hire or display of items (whether goods or materials) which are of such a size, shape or weight as to require:

(a) a large area for handling, storage or display, or

(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 a building or place used for the sale of foodstuffs or clothing.
"bus depot" means a building or place used for the servicing, repair and parking of buses and other vehicles used for the purposes of a bus transport undertaking.
"carnival" means a festival or community event involving parades, stalls, amusement devices and public entertainment (and includes fairs and fund raising events carried out by charitable and non-profit organisations) but only if carried out for not more than 14 days in any calendar year on land in public ownership.
"carport" means a roofed open-sided shelter for a car.
"clearing of native vegetation" means the removal of vegetation considered indigenous, native or belonging naturally to Australia for any purpose other than bushfire hazard reduction.
"community facility" means a building or place owned or controlled by the Council, a public authority or a body of persons associated for the physical, social, cultural, economic or intellectual welfare of the local community, which may include:

(a) a public library, rest room, meeting rooms, recreation, child minding (including care and ancillary education) cultural activities, social functions or like purposes, and

(b) a local community club, being a building or place used by persons sharing like interests, but not including a registered club,

whether or not that building or place is also used for another purpose.
"conservation area" means an area of heritage significance shown by light red shading on the map.
"Council" means the Council of the City of Hawkesbury.
"dam" means an artificial pond created by the erection of walls or excavation.
"demolition", in relation to a heritage item or to a building or work within a conservation area, means the damaging, defacing, destruction, pulling down or removal of the heritage item, building or work, in whole or in part.
"density control" means the maximum number of allotments per hectare that can be subdivided for dwelling-houses, as shown on the map.
"designated frontage" means:

(a) a frontage to a main or arterial road, or

(b) a frontage to a road connecting with a main or arterial road where that frontage is wholly or partly within 90 metres (measured along the alignment of the connecting road) of the main or arterial road.

"dual occupancy attached" means a single building containing two dwellings on one allotment of land and is also commonly known as a duplex.
"environmental constraint area" means an area of land shown on the map by red cross-hatching.
"extractive material" means sand, gravel, clay, soil, rock, stone or similar substances, but does not include turf.
"farm gate sales outlet" means a building or place situated on land comprising part of a property and used for the sale and display for sale of agricultural products grown on the property, or products made from agricultural products grown on the property, but only if:

(a) the sale and display for sale takes place in a building, part of a building or a defined area of land set aside for that purpose, and

(b) the area of the building or land used for the sale and display for sale is not greater than 75 square metres, and

(c) the building or land used is located more than 20 metres from a public road, and

(d) a car parking area is provided in close proximity to the building or land.

"fence" means a structure erected along the boundary between two lots or a road providing a physical barrier.
"flag pole" means a pole on which a flag may be hoisted.
"garage" means a fully enclosed building for housing a car.
"general store" means a building used for the purpose of selling, exposing or offering for sale by retail general merchandise, and which may include the facilities of a post office, where the gross floor area of the building (or part of that building) used for that purpose and those facilities does not exceed 200 square metres.
"ground level" means the actual physical level of the land prior to the erection of any structures on the land.
"habitable room" means a room used for normal domestic activities and:

(a) includes a bedroom, living room, lounge room, music room, television room, kitchen, dining room, sewing room, study, playroom, family room and sunroom, but

(b) does not include a bathroom, laundry, water closet, pantry, walk-in wardrobe, corridor, hallway, lobby, photographic darkroom, clothes-drying room, and other spaces of a specialised nature occupied neither frequently nor for extended periods.

"Hawkesbury Development Control Plan" means Hawkesbury Development Control Plan Part B as adopted by the Council and as in force on the date of commencement of Hawkesbury Local Environmental Plan 1989 (Amendment No 108) .
"heritage item" means a building, work, relic, tree or place of heritage significance to the City of Hawkesbury described in Schedule 1 and shown by a red circled number on the map.
"heritage significance", means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
"identified land use" means a land use for which a consent or approval has been granted by the Council on or after 22 December 1989 and that was in operation on the date of commencement of Hawkesbury Local Environmental Plan (Amendment No 108) .
"industry" means:

(a) any manufacturing process within the meaning of the Factories, Shops and Industries Act 1962 , or

(b) the breaking up or dismantling of any goods or any article for trade or sale or gain or as ancillary to any business,

but in the Land Use Matrix at the end of clause 9 does not include an extractive industry, home industry, light industry or rural industry.
"landfill" means the filling of land with clean fill or demolition fill, or both, which alters the natural ground surface level or affects pre-existing drainage. This fill material may be imported to or obtained from the site, but does not include top dressing.
"light industry" means an industry, not being an offensive or hazardous industry, 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, but does not include a home industry.
"main road" means a road that is declared to be a main road by an order under Section 46 of the Roads Act 1993 .
"minimum lot size" means the minimum allotment size for a dwelling-house, as shown on the map.
"multi unit housing" means all forms of residential development (including villas, townhouses, dual occupancies and the like) other than:

(a) residential flat buildings, or

(b) single detached dwellings on a single parcel of land.

"natural ground level", in relation to land, means the actual physical level of the land as at the appointed day.
"produce store" means a building or place used for the sale by wholesale or retail of stockfeeds, grains, seeds, fertilizers, veterinary supplies and the like.
"professional and commercial chambers" means a room or number of rooms or chambers being part of a dwelling-house or other building which is or are used by one or more professionally qualified practitioners.
"professionally qualified practitioner" means a person engaged in a profession or occupation specified in Schedule 2 or a person engaged in a profession or occupation that is, in the opinion of the Council, similar to one so listed.
"public utility undertakings" 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) telecommunication facilities undertakings,

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.
"real estate sales sign" means a temporary sign used to indicate that land or any other immovable property is for sale.
"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, and

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

but does not include racecourses and showgrounds.
"recreation vehicle area" has the same meaning as in section 4 (1) of the Recreation Vehicles Act 1983 .
"recreational establishment" means a building or place used for health farms, religious retreat houses, rest homes, youth camps, outdoor recreational activities, sporting activities and the like, but does not include a building or place elsewhere specifically defined in this clause or a building or place used or intended for use for a purpose elsewhere specifically defined in this clause.
"relic" means any deposit, object or material evidence relating to the settlement (including Aboriginal habitation) of the City of Hawkesbury which is 50 or more years old.
"renovation", in relation to a building or work, means:

(a) the making of any 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 of, or the painting or plastering of, or other decorations to, the outside of the building or work.

"residential flat building" means a building containing more than 2 dwellings in a form commonly described as “walk up flats”, a characteristic of which is often common stair access.
"retaining wall" means a wall supporting and confining earth and soil.
"rural shed" means a building or structure used for the storage of the property of the occupiers of the subject land or property associated with an agricultural use or other permissible land use conducted on the same parcel of land, but does not include a building or structure elsewhere specifically defined in this clause or a building or structure used for a purpose elsewhere specifically defined in this clause.
"rural tourist facilities" means a building or place in a rural area that is used to provide low scale holiday accommodation, recreation or education for the travelling or holidaying public, and may consist of holiday cabins, horse riding facilities, refreshment rooms or the like.
"satellite dish" means a dish or aerial for receiving satellite television.
"shop fit out" means internal non-structural alterations to a shop.
"structures ancillary to a dwelling" means minor structures associated with the normal domestic use of a dwelling or the enhancement of the residential environment of a dwelling and includes air conditioning units, aerials, antennae, awnings, domestic pet enclosures, cabanas, gazebos, barbeques, greenhouses, pergolas, play equipment, decks, fences, satellite dishes, garden sheds, lighting, clothes lines, retaining walls, screen enclosures, water tanks, pools, letter boxes, gates, portable gas bottles, sky lights, water heaters or the like.
"structures ancillary to uses other than dwellings" means minor structure or renovations that are ancillary to existing buildings that are not dwellings or residential uses and includes uses or works listed in the Table to clause 9B where applicable.
"the map" means the map marked “ City of Hawkesbury 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 or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.

Hawkesbury Local Environmental Plan 1989 (Amendment No 2)

Hawkesbury Local Environmental Plan 1989 (Amendment No 3)

Hawkesbury Local Environmental Plan 1989 (Amendment No 4)

Hawkesbury Local Environmental Plan 1989 (Amendment No 5)

Hawkesbury Local Environmental Plan 1989 (Amendment No 6)

Hawkesbury Local Environmental Plan 1989 (Amendment No 7)

Hawkesbury Local Environmental Plan 1989 (Amendment No 8)

Hawkesbury Local Environmental Plan 1989 (Amendment No 10)

Hawkesbury Local Environmental Plan 1989 (Amendment No 12)

Hawkesbury Local Environmental Plan 1989 (Amendment No 13)

Hawkesbury Local Environmental Plan 1989 (Amendment No 15)

Hawkesbury Local Environmental Plan 1989 (Amendment No 17)

Hawkesbury Local Environmental Plan 1989 (Amendment No 18)

Hawkesbury Local Environmental Plan 1989 (Amendment No 19)

Hawkesbury Local Environmental Plan 1989 (Amendment No 20)

Hawkesbury Local Environmental Plan 1989 (Amendment No 22)

Hawkesbury Local Environmental Plan 1989 (Amendment No 24)

Hawkesbury Local Environmental Plan 1989 (Amendment No 25)

Hawkesbury Local Environmental Plan 1989 (Amendment No 27)

Hawkesbury Local Environmental Plan 1989 (Amendment No 28)

Hawkesbury Local Environmental Plan 1989 (Amendment No 31)

Hawkesbury Local Environmental Plan 1989 (Amendment No 35)

Hawkesbury Local Environmental Plan 1989 (Amendment No 36)

Hawkesbury Local Environmental Plan 1989 (Amendment No 38)

Hawkesbury Local Environmental Plan 1989 (Amendment No 39)

Hawkesbury Local Environmental Plan 1989 (Amendment No 43)

Hawkesbury Local Environmental Plan 1989 (Amendment No 44)

Hawkesbury Local Environmental Plan 1989 (Amendment No 45)

Hawkesbury Local Environmental Plan 1989 (Amendment No 49)

Hawkesbury Local Environmental Plan 1989 (Amendment No 50)

Hawkesbury Local Environmental Plan 1989 (Amendment No 51)

Hawkesbury Local Environmental Plan 1989 (Amendment No 52)

Hawkesbury Local Environmental Plan 1989 (Amendment No 54)

Hawkesbury Local Environmental Plan 1989 (Amendment No 55)

Hawkesbury Local Environmental Plan 1989 (Amendment No 58)

Hawkesbury Local Environmental Plan 1989 (Amendment No 59)

Hawkesbury Local Environmental Plan 1989 (Amendment No 62)

Hawkesbury Local Environmental Plan 1989 (Amendment No 63)

Hawkesbury Local Environmental Plan 1989 (Amendment No 64)

Hawkesbury Local Environmental Plan 1989 (Amendment No 65)

Hawkesbury Local Environmental Plan 1989 (Amendment No 69)

Hawkesbury Local Environmental Plan 1989 (Amendment No 71)

Hawkesbury Local Environmental Plan 1989 (Amendment No 76)

Hawkesbury Local Environmental Plan 1989 (Amendment No 77)

Hawkesbury Local Environmental Plan 1989 (Amendment No 78)

Hawkesbury Local Environmental Plan 1989 (Amendment No 79)

Hawkesbury Local Environmental Plan 1989 (Amendment No 84)

Hawkesbury Local Environmental Plan 1989 (Amendment No 91)

Hawkesbury Local Environmental Plan 1989 (Amendment No 93)

Hawkesbury Local Environmental Plan 1989 (Amendment No 97)

Hawkesbury Local Environmental Plan 1989 (Amendment No 98)

Hawkesbury Local Environmental Plan 1989 (Amendment No 100)

Hawkesbury Local Environmental Plan 1989 (Amendment No 101)

Hawkesbury Local Environmental Plan 1989 (Amendment No 103)

Hawkesbury Local Environmental Plan 1989 (Amendment No 104)

Hawkesbury Local Environmental Plan 1989 (Amendment No 106)

Hawkesbury Local Environmental Plan 1989 (Amendment No 108)

Hawkesbury Local Environmental Plan 1989 (Amendment No 110)

Hawkesbury Local Environmental Plan 1989 (Amendment No 111)

Hawkesbury Local Environmental Plan 1989 (Amendment No 112)

Hawkesbury Local Environmental Plan 1989 (Amendment No 113)

Hawkesbury Local Environmental Plan 1989 (Amendment No 116)

Hawkesbury Local Environmental Plan 1989 (Amendment No 119)

Hawkesbury Local Environmental Plan 1989 (Amendment No 124)

Hawkesbury Local Environmental Plan 1989 (Amendment No 135)

Hawkesbury Local Environmental Plan 1989 (Amendment No 140)

Hawkesbury Local Environmental Plan 1989 (Amendment No 141)

Hawkesbury Local Environmental Plan 1989 (Amendment No 142)

Hawkesbury Local Environmental Plan 1989 (Amendment No 143)

Hawkesbury Local Environmental Plan 1989 (Amendment No 145)

Hawkesbury Local Environmental Plan 1989 (Amendment No 149)

Hawkesbury Local Environmental Plan 1989 (Amendment No 153)

Hawkesbury Local Environmental Plan 1989 (Amendment No 154)

Hawkesbury Local Environmental Plan 1989 (Amendment No 157)

Hawkesbury Local Environmental Plan 1989 (Amendment No 158)

State Environmental Planning Policy (Major Projects) Amendment (Pitt Town) 2008 Pitt Town Site Density Control Map

State Environmental Planning Policy (Major Projects) Amendment (Pitt Town) 2008 Pitt Town Site Heritage Map

State Environmental Planning Policy (Major Projects) Amendment (Pitt Town) 2008 Pitt Town Site Land Application Map

State Environmental Planning Policy (Major Projects) Amendment (Pitt Town) 2008 Pitt Town Site Land Zoning Map

State Environmental Planning Policy (Major Projects) Amendment (Pitt Town) 2008 Pitt Town Site Lot Size Map

"timber and building supplies" means a building or place used for the display, sale (whether by retail or wholesale) or hire of goods or materials that are used in the construction and maintenance of buildings.
"tourist facilities" means a building or place that is used to provide refreshment, accommodation, recreation or amusement facilities for the travelling or holidaying public.
"truck depot" means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.
"waste storage container" means a container used for the storage of waste prior to disposal.
"1-in-100 year flood level" for an area of land means the height above Australian Height Datum to which the Council has determined that a 1-in-100 year flood is likely to rise on that land.

(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,

(c) a reference to floor height standard is a reference to the height above Australian Height Datum to which the Council has determined is the minimum height that the floor or a habitable room of a dwelling-house may be erected having regard to the likely impact from flooding on that dwelling-house,

(d) a reference to land within a zone specified in the Table to clause 9 is a reference to land shown on the map in the manner indicated in clause 8 as the means of identifying land of the zone so specified.

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