New South Wales Consolidated Regulations

KOGARAH LOCAL ENVIRONMENTAL PLAN 1998 - REG 25

25 Dictionary

(1) In this plan:
"Acid Sulfate Soil Planning Map" means the map marked “ Kogarah Local Environmental Plan 1998 (Amendment No 17)-Acid Sulfate Soil Planning Map ” kept in the office of the Council.
"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 from time to time by the NSW Acid Sulfate Soils Management Advisory Committee and adopted by the Director-General.
"adult concept store" means premises used predominantly for the purpose of the display or sale (whether by retail or by auction) of sex items (whether goods or materials) or services (other than prostitution).
"amusement centre" means a building or place (other than a place in a dwelling) used primarily for the purpose of playing:

(a) billiards, pool or similar games, or

(b) electrically or mechanically operated amusement devices such as pinball machines and the like, but only if more than 3 such machines are installed in the building or place.

"appointed day" means the day on which this plan takes effect.
"aquaculture" means the cultivation (including the propagation and rearing) of the living resources of the sea or inland waters, whether or not the cultivation is carried out in a farm established for that purpose using an artificially created body of water.
"archaeological site" means the site of one or more relics.
"arterial road" means:

(a) a road shown on the land use map by a broken red band, or

(b) a road declared to be a main road under the Roads Act 1993 , or

(c) a road declared to be a secondary road under the Roads Act 1993 .

"attached dual occupancy" means a dual occupancy comprising 2 attached dwellings on one allotment.
"automotive use" means a use of a building or work or land 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 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, but does not include a panel beating workshop (other than a place used for minor panel beating ancillary to a motor showroom) or a service station.
"bed and breakfast accommodation" means a property occupied by permanent residents who provide temporary paid accommodation to guests, which may include meals, with not more than three guest bedrooms.
"boarding house" means a building or place (not including a motel):

(a) where accommodation and laundry facilities are provided to the residents of the building or place, and

(b) which is not licensed to sell liquor within the meaning of the Liquor Act 1982 .

"brothel" means 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.
"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.
"bulky goods establishment" means a building or place used for the sale by retail or auction, or the hire or display, of items (whether goods or materials) which, in the opinion of the Council, are of such size, shape or weight as to require either or both of the following:

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

(b) direct vehicular access to the site of the building or place by members of the public, for the purpose of loading items into or onto their vehicles after purchase,

but does not include a building or place:

(c) used for the sale of food, clothing or petrol, or

(d) used for anything that would adversely affect the range of services offered by existing facilities located in any nearby business or industrial centre.

"bushfire hazard reduction" means a reduction or modification (by controlled burning or mechanical or manual means) of material that constitutes a bushfire hazard.
"caravan park" means land used as a site for moveable dwellings, including tents and caravans or other vehicles used for temporary or permanent accommodation.
"centre based child care service" means a child care service that is provided at fixed premises (other than the home of the licensee of the service) by a person for the purpose of educating, minding or caring for (but without providing residential care for) 4 or more children (not including any children who are related to the person providing the service) who are under 6 years of age and who do not ordinarily attend school.
"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 of a different kind and whether or not the whole or a part of the 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 (in Part 2) does not include a building or place elsewhere specifically defined in this clause or a building or place used for a purpose specifically defined in this clause.
"community facility" means a building or place owned or used by a public authority or a body of persons which provides for the physical, social, cultural or intellectual development or welfare of the local community.
"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.
"contaminated land" means land in, on or under which any substance is present at a concentration above that naturally present in, on or under the land and that poses, or is likely to pose, an immediate or long term risk to human health or the environment.
"corporation" means the corporation constituted by section 8 (1) of the Environmental Planning and Assessment Act 1979 .
"Council" means Kogarah Municipal Council.
"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.
"detached dual occupancy" means a dual occupancy comprising 2 detached dwellings on one allotment of land.
"drive-in take-away food shop" means premises used for the purpose of selling food or drinks prepared and ready for consumption, and providing off-street parking for use by customers.
"dual occupancy" means 2 dwellings on one allotment, but does not include an extended family unit.
"dwelling" means a room or number of rooms occupied or used, or so constructed or adapted as to be capable of being occupied or used, as a separate residence.
"dwelling house" means a building containing one but not more than one dwelling.
"ecologically sustainable development" means using, conserving and enhancing the community’s resources so that ecological processes are maintained and the total quality of life, now and in the future, can be increased.
"educational establishment" means a building or place used for education (including teaching) and includes:

(a) a school, and

(b) a tertiary institution, being a university, a TAFE establishment (within the meaning of the Technical and Further Education Commission Act 1990 ), teachers’ college, technical college or other tertiary college providing formal education which is constituted by or under an Act, and

(c) an art gallery or museum that is not used to sell the items displayed in it, whether or not accommodation for staff or students, or both, is provided and whether or not used for the purpose of gain.

"extended family unit" means a dwelling or part of a building no larger than 65 square metres in area that is detached from, attached to or within, another dwelling and in which facilities for cooking, sleeping and washing are included, but where clothes washing facilities for use in connection with the dwelling or part of the building may be provided on a shared basis.
"floor space ratio" means the ratio of the gross floor area of a building to the area of the site on which the building is or is proposed to be erected.
"foreshore scenic protection area" is the area shown on the land use map by distinctive black hatching and so identified on that map.
"generating works" means a building or place used for the purpose of making or generating gas, electricity or any other form of energy.
"gross floor area" means the sum of the areas of each floor of a building, where 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 1,400 millimetres above each floor level, excluding:

(a) columns, fin walls, shading devices, awnings and any other 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 air-conditioning ducts,

(c) car parking needed to meet any requirements of the Council and any internal vehicular or pedestrian access to that parking,

(d) space for the loading and unloading of goods, and

(e) internal public arcades and thoroughfares, terraces and balconies and the like.

"group home" means a dwelling that is a permanent group home or a transitional group home.
"hazardous industry" means development for the purpose of an industry which, if the development were in operation and when all measures proposed to reduce or minimise its impact on the locality were employed (such as measures to isolate the development 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 at which goods, materials or products are stored which, if in operation and when all measures proposed to reduce or minimise its impact on the locality are employed (such as measures to isolate the establishment 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.

"helipad" means an area or place not open to the public use which is authorised by the Commonwealth Department of Transport and which is set apart for the taking off and landing of helicopters.
"heliport" means an area or place open to public use which is licensed by the Commonwealth Department of Transport for use by helicopters and includes terminal buildings and facilities for the parking, servicing and repair of helicopters.
"heritage conservation area" means an area described in Part 2 of Schedule 3 and shown in a distinctive manner on the land use map.
"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 building, work, relic, tree, archaeological site, streetscape or place (which may or may not be situated on or within land that is a heritage conservation area) described in Part 1 of Schedule 3.
"heritage significance" means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
"home based child care service" means a child care service that is provided at the home of the licensee of the service for the purpose of educating, minding or caring for (but without providing residential care for) not more than 7 children under the age of 12 years, (including any children who are related to the person providing the service) 5 of whom have not started school.
"home business" means a dwelling in which an occupation or light industry is carried out by the permanent residents of the dwelling but which does not involve any of the following:

(a) interference with the amenity of neighbouring premises or the locality by reason of the emission of noise, vibration, smell, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise,

(b) exposure to view from adjacent premises or any public place of goods associated with the business or any unsightly matter,

(c) employment of more than one person who is not a resident of the dwelling,

(d) an increase in the capacity of utility service mains in the locality,

(e) the exhibition of any notice, advertisement or sign (other than one non-illuminated sign which does not exceed 0.75 square metres in area and which is exhibited on that dwelling),

(f) the display of goods,

(g) the use of premises as a brothel,

(h) a change in the appearance of the dwelling or the land on which it is erected out of character with that of the adjoining land,

(i) a courier, taxi, road transport, tow truck or freight delivery operation,

(j) any noticeable increase in the number of cars likely to be parked on a street or streets in which the home business is located.

"home industry" means a light industry carried on in a building (other than a dwelling) situated within the curtilage of a dwelling by the permanent resident of the dwelling, being an industry that does not involve any of the following:

(a) interference with the amenity of neighbouring premises or the locality by reason of the emission of noise, vibration, smell, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise,

(b) exposure to view from adjacent premises or any public place of goods associated with the light industry or any unsightly matter,

(c) employment of more than one non-resident of the dwelling,

(d) an increase in the capacity of utility service mains in the locality,

(e) the exhibition of any notice, advertisement or sign (other than one non-illuminated sign which does not exceed 0.75 square metres in area and which is exhibited on that building),

(f) the display of goods,

(g) the use of premises as a brothel,

(h) a change in the appearance of the building or the land on which it is erected out of character with that of adjoining land,

(i) a courier, taxi, road transport, tow truck or freight delivery operation,

(j) generation of additional traffic of a type and amount that would have a significant adverse impact on the surrounding residential area.

"hospital" means a building or place used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment or counselling) to people admitted as in-patients, whether or not out-patients are also cared for or treated there, and includes:

(a) ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or refreshment rooms and ancillary accommodation for persons receiving health care or for their visitors, and

(b) facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use.

"hostel" means residential accommodation housing older people or people with a disability where cooking and dining, laundering, cleaning and other facilities are provided on a shared basis and where a person having nursing or social work experience or other similar experience provides services.
"hotel" means the premises to which a hotelier’s licence granted under the Liquor Act 1982 relates and may include temporary or short-term accommodation for travellers.
"housing for older people or people with a disability" means residential accommodation which is or is intended to be used permanently as housing for the accommodation of older people or people with a disability which may consist of a residential care facility, a hostel or a grouping of 2 or more self-contained dwellings, or a combination of these, but does not include a hospital.
"industry" means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or articles for commercial purposes, but (in Part 2) does not include any other use of land elsewhere defined in this clause.
"land use map" means the map marked “ Kogarah Local Environmental Plan 1998 ”, as amended by the maps (or specified sheets of 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.

Kogarah Local Environmental Plan 1998 (Amendment No 1)

Kogarah Local Environmental Plan 1998 (Amendment No 6)

Kogarah Local Environmental Plan 1998 (Amendment No 7)

Kogarah Local Environmental Plan 1998 (Amendment No 9)

Kogarah Local Environmental Plan 1998 (Amendment No 18)

Kogarah Local Environmental Plan 1998 (Amendment No 19)

Kogarah Local Environmental Plan 1998 (Amendment No 23)

Kogarah Local Environmental Plan 1998 (Amendment No 25)

Kogarah Local Environmental Plan 1998 (Amendment No 30)

Kogarah Local Environmental Plan 1998 (Amendment No 34)

Kogarah Local Environmental Plan 1998 (Amendment No 35)

Kogarah Local Environmental Plan 1998 (Amendment No 36)

Kogarah Local Environmental Plan 1998 (Amendment No 43)

Kogarah Local Environmental Plan 1998 (Amendment No 45)

Kogarah Local Environmental Plan 1998 (Amendment No 47) -Sheets 1-6

Kogarah Local Environmental Plan 1998 (Amendment No 48)

Kogarah Local Environmental Plan 1998 (Amendment No 49)

"light industry" means an industry in which the processes carried on, the transportation involved and the machinery or materials used, do not interfere with the amenity of the neighbourhood, but (in Part 2) does not include a use of land elsewhere defined in this clause.
"liquid fuel depot" means a depot or place used for the bulk storage for wholesale distribution of petrol, oil or other inflammable liquid.
"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.
"marina" means a pontoon, jetty, pier or the like used or intended to be used to provide moorings for boats used for pleasure or recreation, and includes:

(a) slipways, and

(b) facilities for the repair, maintenance and fuelling of, or the provision of accessories and parts for, boats or boating enthusiasts, and

(c) facilities for the storage or provision of food.

"materials recycling facility" means a building or place used for the collecting, sorting, dismantling, storing, abandoning or recycling of second-hand or scrap materials for the purpose of resale, reuse or their transfer elsewhere.
"minor drainage works" means drainage works which are, in the opinion of Council, minor or associated with buildings, dwellings, or ancillary development.
"minor repair" means the repair of materials by patching, piercing in, splicing and consolidating existing materials, including the replacement of minor individual components such as bricks, stones and timber where they are damaged beyond repair or are missing.
"motel" means premises, not being a hotel, used for the temporary or short-term accommodation of travellers and also used for the provision of meals to those travellers or to the general public.
"motor showroom" means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are sold or displayed on the premises.
"multi-unit housing" means three or more dwellings, whether attached or not.
"nursing home" means premises at which residents are provided with nursing care for fee, gain or reward, being residents:

(a) who are recuperating from illness or childbirth and who require nursing care, or

(b) who require nursing care on account of age, infirmity, chronic ill-health or other condition,

but does not include:

(c) an institution conducted by or on behalf of the State, or

(d) an incorporated hospital or a separate institution within the meaning of, or a hospital specified in Schedule 5 to, the Public Hospitals Act 1929 , or

(e) a hospital or other house service under the control of an area health service constituted under the Area Health Services Act 1986 , or

(f) a private health facility within the meaning of the Private Health Facilities Act 2007 , or

(g) a residential rehabilitation establishment licensed under the Drug and Alcohol Rehabilitation Act 1987 .

"offensive industry" means development for the purpose of an industry which, if the development were in operation and when all measures proposed to reduce or minimise its impact on the locality are employed (such as measures to isolate the development from existing or likely future development on other land in the locality), would emit a polluting discharge (such as noise) in a manner which would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
"offensive storage establishment" means any establishment at which goods, materials or products are stored and which, if in operation and when all measures proposed to reduce or minimise its impact on the locality are employed (such as measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a polluting discharge (such as noise) in a manner which would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.
"older people" means people of or above 55 years of age.
"operational land" means land classified or reclassified as operational land within the meaning of the Local Government Act 1993 .
"panel beating workshop" means a building or place used for the purpose of carrying out repairs to boats, motor vehicles or machinery, where the work involved includes:

(a) body building, and

(b) panel beating (which may or may not involve dismantling), and

(c) spray painting.

"permanent group home" means a dwelling:

(a) which is used to provide a household environment for differently abled persons or socially disadvantaged persons, whether or not those persons are related, and

(b) which is 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 used for the housing of older people or people with a disability.
"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 more contemporary cultural significance.

"place of worship" means a building or place used for the purpose of religious worship, whether or not the building or place is also used for administration, counselling, social events or religious training by a congregation or religious group.
"potential archaeological site" means a site that, in the opinion of the Council, has the potential to be an archaeological site.
"potential place of Aboriginal heritage significance" means a place that, in the opinion of the Council, has the potential to have Aboriginal heritage significance.
"professional consulting room" means a room or a number of rooms forming part of, attached to, or within the curtilage of, a dwelling house, and used by not more than three legally qualified medical practitioners, or by not more than three dentists, or by not more than three health care professionals who, if more than one, practise in partnership, and who employ not more than three people in connection with the practice.
"public building" means a building or place used as a business or office by a public authority or an organisation established for a public purpose.
"public utility installation" means any undertaking carried on by, or by authority of, any public authority, or in pursuance of any Commonwealth or State Act, for the purpose of:

(a) railway, road, water or air transport, or wharf or river undertakings, or

(b) the provision of sewerage or drainage services, or

(c) the supply of water, hydraulic power, electricity or gas, or

(d) telecommunication facilities.

"recreation area" means:

(a) a children’s playground, or

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

(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, or

(ii) a body of persons associated for the purpose of promoting the physical, cultural or intellectual welfare of persons within the community,

and includes golf courses, tennis courts and bowling greens and any ancillary club building and showgrounds.
"refreshment room" means a restaurant, cafe, tea room, eating house or the like.
"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 Kogarah 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 Kogarah local government area.

"residential care facility" means accommodation for older people that includes:

(a) meals and cleaning services, and

(b) personal care or nursing care, or both, and

(c) appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,

not being a dwelling, hospital or psychiatric facility and does not include anything elsewhere defined in this clause.
"self-contained dwelling" means a dwelling or part of a building, whether attached to another dwelling or not, housing older people or people with a disability, where private facilities for cooking, sleeping and washing are included in the dwelling or part of the building, but where clothes washing facilities or other facilities for use in connection with the dwelling or part may be provided on a shared basis.
"service station" means a building or place used predominantly for the fuelling of motor vehicles and for 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 or greasing of motor vehicles,

(d) the repairing or servicing of motor vehicles (other than body building, panel beating or spray painting),

(e) the retail selling or hiring of small consumer goods.

"shop" means a building or place used for the purpose of selling (whether by retail or auction), hiring or displaying items (whether goods or materials).
"site area", in relation to development, means the area of land to which an application for consent to carry out development relates, but does not include any part of the land on which the development is not permitted by or under this plan or any other environmental planning instrument.
"site coverage" means the ratio of the sum of the areas within the outer face of the external enclosing walls of the ground floor levels of all buildings on a site (including garages but not including columns, fin walls and sun control devices) to the site area, expressed as a percentage.
"small shop" means a building or place with a gross floor area which does not exceed 80 square metres used for the purpose of selling (whether by retail or auction), hiring or displaying items (whether goods or materials).
"streetscape" means the character of a locality (whether it be a street or precinct) defined by the spatial arrangement and visual appearance of built and landscape features when viewed from the street.
"terrace house" means a dwelling in a row of four or more attached dwellings each of which:

(a) addresses the street, and

(b) has a similar setback from the street to each other of the dwellings, and

(c) has a separate entrance door accessible to the street, and

(d) has a rear private outdoor courtyard area that is at the same or a similar level to a floor level of the dwelling and is immediately accessible from the dwelling, and

(e) has the type and character of a dwelling that is commonly referred to as a terrace house.

"the Act" means the Environmental Planning and Assessment Act 1979 .
"tourist facilities" means an establishment providing for holiday accommodation or recreation and may include a boat shed, boat landing 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 such activities.
"townhouse" means a two-storey dwelling within a multi-unit housing development, which may or may not be attached to another dwelling, on a single allotment or on adjoining allotments that comprise a single site, where each dwelling has a separate entrance door accessible from an outside area and a private outdoor courtyard area at a level the same as, or similar to, the floor level of the dwelling.
"transitional group home" means a dwelling:

(a) which is used to provide temporary accommodation, for the purpose of relief or rehabilitation, for differently abled persons or socially disadvantaged persons, whether or not those persons are related, and

(b) which is occupied by the person 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 for the housing of older people or people with a disability.
"transport terminal" means a building or place used as an airline terminal, a road transport terminal or a bus depot.
"veterinary establishment" means a building or place used for the purpose of the medical or surgical treatment of animals, whether or not animals are kept or boarded on the premises.
"villa" means a single-storey dwelling within a multi-unit housing development, which may or may not be attached to another dwelling, on a single allotment or on adjoining allotments that comprise a single site, where:

(a) each dwelling has a separate entrance door accessible from an outside area and a private outdoor courtyard area, and

(b) the floor level of the dwelling is no more than 1.2 metres above natural ground level, with only garages and non-habitable rooms below that floor level.

"warehouse or distribution centre" means a building or place used mainly for storing, handling or displaying items (whether goods or materials) which have been produced or manufactured for sale, but not for the retail sale of items to the public from the building or place.
"waterfront scenic protection area" is the area shown on the land use map with distinctive black cross hatching and so identified on that map.

(2) In this plan:

(a) a reference to development of land for a purpose includes a reference to proposed development of land for that purpose, and

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

(c) a reference to land within a zone is a reference to land shown on the land use map as being within that zone.

(3) The list of contents is not part of this plan.