New South Wales Consolidated Regulations

HOLROYD LOCAL ENVIRONMENTAL PLAN 1991 - REG 5

5 Interpretation

(1) In this plan:
"abattoir" means a place where animals are slaughtered for human consumption, but does not include poultry processing.
"acid sulfate soils" means actual or potential acid sulfate soils, as defined in the Acid Sulfate Soils Assessment and Management Guidelines .
"Acid Sulfate Soils Assessment and Management Guidelines" means the Acid Sulfate Soils Assessment and Management Guidelines as published from time to time by the NSW Acid Sulfate Soils Management Advisory Committee and adopted by the Director.
"Acid Sulfate Soils Planning Map" means the map marked “ Holroyd Local Environmental Plan 1991 (Amendment No 32)-Acid Sulfate Soils Planning Map ” kept in the office of the council.
"advertisement" means the display of symbols, messages and other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure or the carrying out of a work.
"advertising structure" means a structure used, or to be used principally, for the display of an advertisement.
"alter", in relation to a heritage item, means:

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

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

"animal establishment" means a building or place used for the purposes of intensive animal husbandry, boarding, training or keeping of animals, birds, fish, crustaceans, insects of the like, generally requiring the importation of feed other than feed produced on the land on which the establishment is conducted.
"apartment building" means a building containing three or more dwellings, but does not include a building specifically defined elsewhere in this plan.
"appointed day" means the day on which this plan is gazetted.
"archaeological site" means:

(a) a site identified as an archaeological site in Part 1 of Schedule 1B (Known or potential archaeological sites), or

(b) the site of one or more relics.

"brothel" means a building or place habitually used by one or more persons for the purpose of prostitution.
"building work" has the same meaning as in the Environmental Planning and Assessment Act 1979 .
"bushfire hazard reduction" means the reduction or modification by burning, or by chemical, mechanical or manual means, of material that constitutes a bushfire hazard.
"change of building use" has the same meaning as in the Environmental Planning and Assessment Act 1979 .
"child care centre" means a building or place used for the purpose of caring for children and includes:

(a) a dwelling-house or part of a dwelling-house,

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

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

"community use" means a land use that benefits the community and includes the usual land uses carried out by charities and community support groups.
"conservation management plan" means a document prepared in accordance with the requirements of the NSW Heritage Office that establishes 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.
"council" means the Council of the City of Holroyd.
"demolish" a heritage item, or a building, work, archaeological site, tree or place within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item or the building, work, archaeological site, tree or place.
"demolition" means the complete or partial dismantling or removal of a building or other structure, by pre-planned and controlled means and procedures.
"doctor’s surgery" means a room or a number of rooms forming either the whole or part of a building and used by not more than three legally qualified medical practitioners who practise therein the profession of medicine, and who employ not more than three employees in connection with that practice.
"dual occupancy" means 2 dwellings on a single allotment of land, whether or not the dwellings are attached, where:

(a) the dwellings have the general external appearance, character and scale of a dwelling-house or dwelling-houses, and

(b) the area of the allotment on which the dwellings are not situated is available for recreational use by the residents.

"floor space ratio" in relation to a building, means the ratio of the gross floor area of the building to the area of the allotment on which the building is or is proposed to be erected.
"floor space ratio map-Merrylands Town Centre" means the map marked “ Holroyd Local Environmental Plan 1991 (Amendment No 43-Floor Space Ratio) ”.
"gas holder" means a container or vessel built or adapted for use for the storage of gas but does not include liquefied petroleum gas facilities having a capacity of less than 15 kilolitres.
"hazardous industry" means an undertaking (whether or not forming part of a larger undertaking) which, when in operation and when all measures proposed to reduce or minimise its impact have been employed, the council considers should still be required to be in a location isolated from other development for either of the following reasons:

(a) because such isolation is necessary as an additional specific safety precaution, or

(b) because it represents a significant hazard to human health or life or property or the bio-physical environment.

"hazardous storage establishment" means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact have been employed, the council considers should still be required to be in a location isolated from other development for either of the following reasons:

(a) because such isolation is necessary as an additional specific safety precaution, or

(b) because it represents a significant hazard to human health or life or property or the bio-physical environment.

"height map-Merrylands Town Centre" means the map marked “ Holroyd Local Environmental Plan 1991 (Amendment No 43-Height Map )”.
"height map-Neil Street Precinct" means the map marked “ Holroyd Local Environmental Plan 1991 (Amendment No 42-Height Map) ”.
"heritage conservation area":

(a) means an area of land that is shown edged heavy black on the maps marked, “ Heritage Conservation Area 1 ”, “ Heritage Conservation Area 2 ” and “ Heritage Conservation Area 3 ”, and

(b) includes an area of land specified in Schedule 1A (Heritage conservation areas), and

(c) includes buildings, works, archaeological sites, trees and places situated on or within the land.

"heritage impact statement" means a document consisting of a statement demonstrating the heritage significance of a heritage item or heritage conservation area, or of a building, work, archaeological site, tree or place within a heritage conservation area, an assessment of the impact that proposed development will have on that significance and proposals for measures to minimise that impact.
"heritage item" means:

(a) a building, work, archaeological site or place specified in an inventory of heritage items that is available at the office of the Council and the site of which is described in Schedule 1 (Heritage items), or

(b) a place specified in an inventory of heritage items available at the office of the Council and described in the inventory as a place of Aboriginal heritage significance.

"heritage significance" means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
"integrated housing" means development that consists of:

(a) the subdivision of land into 5 or more allotments, and

(b) the erection of a single detached dwelling-house on each of the allotments created by that subdivision,

where the application for consent for the subdivision and other development is submitted and considered concurrently.
"maintenance" means the ongoing protective care of a heritage item or a building, work, archaeological site, tree or place within a heritage conservation area. It does not include alterations, such as carrying out extensions or additions, or the introduction of new materials or technology.
"medium density housing" means two or more dwellings of one or two storey construction, where each dwelling has an individual entrance and direct private access to private open space at natural ground level for the exclusive use of the occupants of the dwelling, and includes semi-detached houses, villas, cluster homes, townhouses and the like.
"Merrylands Town Centre" means the area of land shown edged in heavy black on the map marked “ Holroyd Local Environmental Plan 1991 (Amendment No 43)-Merrylands Town Centre Precinct Map ”.
"mixed use development" means one or more dwellings attached to, or on the same parcel of land as, a building intended to be used for non-residential purposes (being non-residential purposes that are permissible on the land on which the building is located).
"Neil Street Precinct" means the area of land shown edged heavy black on the map marked “ Holroyd Local Environmental Plan 1991 (Amendment No 42) ”.
"offensive industry" means an undertaking (whether or not forming part of a larger undertaking) which, when in operation and when all measures proposed to reduce or minimise its impact have been employed, the council considers should still be required to be in a location isolated from other development because of the emission of any polluting discharge of any kind from the undertaking.
"offensive storage establishment" means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact have been employed, the council considers should still be required to be in a location isolated from other development because of the emission of any polluting discharge of any kind from the establishment.
"place of Aboriginal heritage significance" means:

(a) a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or

(b) a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of contemporary cultural significance.

"pole sign" means an advertising structure that consists of a sign erected on a pole or a pylon that does not depend for support on any building or other structure.
"potential archaeological site" means a site:

(a) identified as a potential archaeological site in Part 2 of Schedule 1B (Known or potential archaeological sites), or

(b) that, in the opinion of the consent authority, has the potential to be an archaeological site, even if it is not so identified.

"potential place of Aboriginal heritage significance" means a place:

(a) that is specified in an inventory of heritage items available at the office of the Council and described in the inventory as a potential place of Aboriginal heritage significance, or

(b) that, in the opinion of the consent authority, has the potential to have Aboriginal heritage significance, even if it is not so specified.

"professional consulting rooms" means a room, or a number of rooms forming part of, attached to, or within the curtilage of, an existing or proposed dwelling house and used or intended for use at any one time by not more than one legally qualified medical practitioner, or by one dentist within the meaning of the Dentists Act 1989 , or by one health care professional who practices his or her profession therein as a sole practitioner and who employs not more than one employee in connection with that practice.
"prostitution" means the offering by a person of his or her body to a person of the same or different sex for sexual gratification in return for payment or other reward and includes:

(a) sexual intercourse as defined in section 61H of the Crimes Act 1900 , or

(b) masturbation by one person on another.

"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 purpose of the physical, cultural or intellectual welfare of the community to provide recreational facilities for that purpose,

but does not include a racecourse or a showground.
"relic" means:

(a) any deposit, object or material evidence (which may consist of human remains) that is more than 50 years old relating to the use or settlement, not being Aboriginal habitation, of the City of Holroyd local government area, and that is a fixture or is wholly or partly within the ground, or

(b) any deposit, object or material evidence (which may consist of human remains) of any age relating to Aboriginal habitation of the City of Holroyd local government area.

"residential flat building" means a building containing 2 or more dwellings that has not more than 3 residential storeys, whether above parking or not, and includes buildings that have not more than 3 residential storeys commonly known as walk-up flats or home units.
"restricted premises" means a building or place:

(a) in, or on, which restricted publications within the meaning of the Indecent Articles and Classified Publications Act 1975 , are exposed, exhibited, displayed, sold or otherwise rendered accessible or available to the public,

(b) in, or on, which a business to which section 10 of the Indecent Articles and Classified Publications Act 1975 applies, or is conducted, or

(c) in, or on, which a business is conducted, an object of which is the display or exhibition of any article, within the meaning of the Indecent Articles and Classified Publications Act 1975 , that is primarily concerned with sexual behaviour, but which is not printed matter,

but does not include a building or place where the business of a newsagency or registered pharmacy is carried on.
"self storage units" means a building or place used or intended for use for the storage of goods, merchandise or materials in small compartments.
"storey" means a floor other than:

(a) a floor used principally for storage, or

(b) a floor used wholly or partly for parking.

"subdivision of land" has the same meaning as in the Environmental Planning and Assessment Act 1979 .
"telecommunications facility" means:

(a) any part of the infrastructure of a telecommunications network (such as a network being a system, or series of systems, that carries or is capable of carrying, communications by means of guided or unguided electromagnetic energy), or

(b) any line, equipment, apparatus, tower, antenna, tunnel, duct, hole, pit, pole or other structure or thing used, or intended for use, in or in connection with a telecommunications network,

but does not include:

(c) a facility used for an activity that a carrier is authorised to do by a facility installation permit issued by the Australian Communications and Media Authority under Division 6 of Part 1 of Schedule 3 to the Telecommunications Act 1997 of the Commonwealth, or

(d) a facility determined to be a low-impact facility for the purposes of clause 6 of Schedule 3 to the Telecommunications Act 1997 of the Commonwealth, or

(e) a facility which is a temporary facility for use by, or on behalf of, a defence organisation for defence purposes.

"the map" means the series of maps marked “ Holroyd Local Environmental Plan 1991 ”, as amended by the maps (or, if any sheets of maps are specified, by the specified sheets of 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.

Holroyd Local Environmental Plan 1991 (Amendment No 1)

Holroyd Local Environmental Plan 1991 (Amendment No 2)

Holroyd Local Environmental Plan 1991 (Amendment No 3)

Holroyd Local Environmental Plan 1991 (Amendment No 6)

Holroyd Local Environmental Plan 1991 (Amendment No 8)

Holroyd Local Environmental Plan 1991 (Amendment No 10)

Holroyd Local Environmental Plan 1991 (Amendment No 11)

Holroyd Local Environmental Plan 1991 (Amendment No 12)

Holroyd Local Environmental Plan 1991 (Amendment No 13)

Holroyd Local Environmental Plan 1991 (Amendment No 14)

Holroyd Local Environmental Plan 1991 (Amendment No 16)

Holroyd Local Environmental Plan 1991 (Amendment No 18) (Sheet 1)

Holroyd Local Environmental Plan 1991 (Amendment No 19)

Holroyd Local Environmental Plan 1991 (Amendment No 21)

Holroyd Local Environmental Plan 1991 (Amendment No 22)

Holroyd Local Environmental Plan 1991 (Amendment No 23) (Sheets 1-6)

Holroyd Local Environmental Plan 1991 (Amendment No 24)

Holroyd Local Environmental Plan (Amendment No 27)

Holroyd Local Environmental Plan 1991 (Amendment No 28)

Holroyd Local Environmental Plan 1991 (Amendment No 34)

Holroyd Local Environmental Plan 1991 (Amendment No 35)

Holroyd Local Environmental Plan 1991 (Amendment No 38)

Holroyd Local Environmental Plan 1991 (Amendment No 39) (Sheets 1-3)

Holroyd Local Environmental Plan 1991 (Amendment No 42)

Holroyd Local Environmental Plan 1991 (Amendment No 43)-Zoning Alteration

Holroyd Local Environmental Plan 1991 (Amendment No 48)

Holroyd Local Environmental Plan 1991 (Amendment No 51)

Holroyd Local Environmental Plan 1991 (Amendment No 52)

(2) The letters and symbols “W S & D” where appearing on the map mean Water Board purposes.

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