LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 -

New South Wales Consolidated Regulations

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LAKE MACQUARIE LOCAL ENVIRONMENTAL PLAN 2004 -

DICTIONARY

(Clause 7 (1))

"Acid Sulfate Soil Manual" means the document with that title as last adopted by the Director-General.
"acid sulfate soils" means actual or potential acid sulfate soils, as defined in the Acid Sulfate Soils Assessment Manual .
"Acid Sulfate Soils Planning Maps" means the series of maps marked “ Lake Macquarie Local Environmental Plan 2004-Acid Sulfate Soils Planning Maps ” kept in the office of the Council.
"advertising structure" means a structure or vessel that is principally designed for, or that is used for, the display of an advertisement.
"agriculture" means:

(a) the production of crops or fodder, or

(b) the keeping or breeding of cattle, horses or birds, or

(c) horticulture including fruit, vegetable and flower crop production, or

(d) the grazing of livestock.

"airline terminal" means a building or place used for the assembly of passengers and goods prior to the transport of those passengers and goods either to or from an airport or an aerodrome.
"airport" means a place for the arrival and departure of aircraft by air and may include buildings associated with aircraft storage, maintenance and control.
"animal establishment" means a place used for the boarding, breeding, keeping or training of animals for business purposes, and includes a riding school.
"appointed day" means the day on which this plan commences.
"aquaculture" means the commercial breeding, hatching, rearing or cultivation of marine, estuarine or fresh water organisms, including aquatic plants or animals such as fin-fish, crustaceans, molluscs or other aquatic invertebrates.
"archaeological site" means a site of one or more relics.
"area" has the same meaning as in the Local Government Act 1993 .
"Australian Height Datum (AHD)", in relation to heights, means the level of the control point approved by the Surveyor-General for measuring the heights for the purpose of establishing Australian Height Datum.
"Average Recurrence Interval (ARI)" means the average period between the recurrence of a storm event of a given rainfall intensity. The ARI represents a statistical probability. For example, a 10-year ARI indicates an average of 10 events over a 100-year period.
"backpackers’ accommodation" means tourist and visitor accommodation:

(a) that has shared facilities, such as a communal bathroom, kitchen or laundry, and

(b) that will generally provide accommodation on a bed basis (rather than by room).

"battle-axe lot" means a lot located behind another, with vehicular access from the street via an access handle.
"bed and breakfast accommodation" means tourist and visitor accommodation comprising a dwelling (and any ancillary buildings and parking) where the accommodation is provided by the permanent residents of the dwelling and:

(a) meals are provided for guests only, and

(b) cooking facilities for the preparation of meals are not provided within guests’ rooms, and

(c) dormitory-style accommodation is not provided.

"boarding house" means a building:

(a) that is wholly or partly let in lodgings, and

(b) that provides lodgers with a principle place of residence for 3 months or more, and

(c) that generally has shared facilities, such as a common bathroom, kitchen or laundry, and

(d) that has rooms that accommodate one or more lodgers,

but does not include backpackers’ accommodation, a serviced apartment, seniors housing or hotel or motel accommodation.
"bottle shop" means premises to which a packaged liquor licence applies under the Liquor Act 2007 .
"brothel" means a building or place regularly used for the purposes of prostitution.
"building frontage" is the facade of the building that faces a street.
"building products warehouse and showroom" means a building used predominantly for warehousing or distribution of building materials, supplies, plumbing supplies, air-conditioning systems, swimming pools and the like, with an ancillary component for the sale of such goods, materials or supplies by retail or auction.
"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 premises" means a building or place used for the sale by retail, wholesale or auction of (or for the display or hire of) goods or materials that 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 shelter" means a small-scale structure or place used to pick up or set down passengers travelling by bus.
"bus station" means a building or place used as a terminal for the assembly and dispersal of passengers travelling by bus.
"bushfire hazard reduction work" means the reduction or modification (by controlled burning or by mechanical, chemical or manual means) of material that constitutes a bushfire hazard.
"bushfire prone land" has the same meaning as in the Act.
"bushland regeneration" means:

(a) the removal of environmental weeds, and the rehabilitation of a degraded native vegetation community or ecosystem, using methods that do not damage the native vegetation or disturb the natural soil surface or hydrology, and

(b) the planting of native vegetation that is indigenous to the site to establish a healthy population of that vegetation.

"car parking facility" means a building or place used for parking vehicles, whether operated for gain or not, and any manoeuvring space and access to that building or place, but does not include car parking ancillary to a permissible use.
"car repair station" means a building or place used for the purpose of carrying out repairs and/or detailing including washing, to motor vehicles, caravans, boats or agricultural machinery and the like, not being:

(a) body building, or

(b) panel beating which involves dismantling, or

(c) spray painting other than of a minor nature.

"caravan park" means land (including a camping ground) on which caravans, cabins and other moveable dwellings are, or are to be, placed or erected.
"cemetery" or "crematorium" means a building or place for the burying or cremation of deceased people or animals and may include a chapel, temple or other religious place for conducting funeral services.
"child care centre" means a building or place, whether operated for gain or not, which is used for the purpose of educating, supervising or caring for children (whether or not any of the children are related to the owner or operator), where:

(a) there are 6 or more children under 6 years of age who do not attend a government school or a registered non-government school within the meaning of the Education Act 1990 , and

(b) the building or place does not provide residential care for any of the children (other than those related to the owner or operator),

and which may operate before and after school hours as an out of school hours care centre for children over 6 years of age.
"clear" includes:

(a) kill, destroy, poison, ringbark, uproot or burn a tree or native vegetation, or

(b) cut down, fell, thin, log or remove a tree or native vegetation, or

(c) underscrub a tree or native vegetation, or

(d) sever or lop a branch, a limb, a stem or a trunk of a tree or native vegetation, or

(e) damage a tree or native vegetation in any other way,

or cause or permit any of the above.
"club" means the premises to which a club licence relates under the Liquor Act 2007 .
"commercial mooring" has the same meaning as in the Lake Macquarie Mooring Management Plan prepared and adopted from time to time by the Maritime Authority of NSW.
"commercial premises" means a building or place used as an office or for other business or commercial purposes but, in the Table in Part 3, does not include a building or place elsewhere specifically defined in this clause.
"community facility" means a building or place owned or controlled by a public authority or non-profit community organisation, which provides for the physical, social, cultural or intellectual development, welfare or safety of the local community.
"community land" has the same meaning as in the Local Government Act 1993 .
"complying development" is identified in clause 9.
"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.
"corporation" has the same meaning as in the Act.
"demolish" a heritage item, or a building, work, archaeological site, tree or place in a heritage conservation area, means wholly or partly destroy, dismantle or deface the item or the building, work, archaeological site, tree or place.
"Department" has the same meaning as in the Act.
"depot" means a building or place used for the storage (but not sale) and maintenance of plant, machinery, goods or materials used or intended to be used by the owner or occupier of the building or place but, in the Table in Part 3, does not include a building or place elsewhere defined in this Dictionary.
"development" has the same meaning as in the Act.
"DP high water mark" for any land is the mean high water mark shown on the current plan (within the meaning of the Conveyancing Act 1919 ) for the land.
"drainage" means works carried out for the purpose of drainage which are not incidental or ancillary to development for which consent has been granted.
"dual occupancy-attached" means two dwellings in a single building on a single allotment of land.
"dual occupancy-detached" means two detached dwellings on a single allotment of land.
"dwelling" means a room or a suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.
"dwelling house" means a building containing one but not more than one dwelling.
"dwelling house-exhibition" means a dwelling house used for the purpose of displaying to potential customers, the dwelling house, its contents and its surrounds for a limited period.
"earthworks" means a work involving the addition or removal of any solid matter on, to or from land, or any other work that will significantly alter:

(a) the level of the land from the existing ground level, or

(b) the character of the surface of that land, or

(c) the drainage of the land.

"eco-tourism facility" means a building or place used primarily for tourist accommodation or recreation, or both, and may include holiday cabins, camp or caravan sites, where the total number of beds does not exceed 20, that is in a natural or rural setting and may involve education and interpretation of the natural environment, and does not have a deleterious effect on the ecology of its location.
"educational establishment" means a building used as a pre-school, school or tertiary institution within the meaning of a State or Commonwealth Act, whether or not accommodation for staff or students is provided, or a gallery or museum but, in the Table in Part 3, does not include a building or place elsewhere defined.
"emergency services facility" means a building or place used for the provision of police, fire and ambulance services or the like, and may include training rooms and administration buildings, and buildings or places used to store, service or repair vehicles or equipment.
"energy generation works" means a building or place used primarily for the purpose of making or generating forms of energy.
"entertainment facility" means a building or place used for the purpose of sport, entertainment, exhibitions, displays or cultural events, and includes:

(a) sports stadiums, conference facilities, function centres, showgrounds, racecourses and the like, and

(b) theatres, cinemas, music halls, concert halls and the like.

"environmental facility" means a structure or work that provides for:

(a) nature study or display facilities, such as walking trails, board walks, observation decks, bird hides or the like, or

(b) environmental management and restoration, such as bush restoration, wetland restoration, erosion and run off prevention works, dune restoration or the like,

and may include ancillary kiosks or cafes.
"ESD" -see principles of ecologically sustainable development.
"exempt development" is identified in clause 8.
"extractive industry" means:

(a) the winning of extractive material, or

(b) an undertaking, not being a mine, which depends for its operations on the winning of extractive material from the land on which it is carried on, and includes any washing, crushing, grinding, milling or separating into different sizes of that extractive material on that land.

"extractive material" means sand, gravel, clay, turf, soil, rock, stone or similar substances.
"farm stay accommodation" means tourist and visitor accommodation provided to paying guests on a working farm as a secondary business to primary production.
"flood prone land" means land affected by the 1% Average Recurrence Interval (ARI).
"foreshore area" means the land between the foreshore building line and the mean high water mark of the nearest natural waterbody.
"foreshore building line" means a foreshore building line fixed under clause 7 of the Environmental Planning and Assessment Model Provisions 1980 , as adopted by clause 22.
"foreshore development" means a boatshed, jetty, slipway, boat ramp, in-ground swimming pool, inclinator, landscaping, barbeques or other similar structures.
"forestry" includes arboriculture, silviculture, forest protection, the cutting, dressing and preparation, otherwise than in a sawmill, of wood and other forest products and the establishment of roads required for the removal of wood and forest products and for forest protection.
"front building setback" means the minimum distance from a lot’s frontage to which the outermost projection of a structure may be built on the lot, as specified in Part 3 of Lake Macquarie Development Control Plan No 1-Principles of Development .
"function centre" means a building or place used to hold conferences, wedding receptions and the like, and may include a restaurant.
"general store" means a building or place for the retail sale of convenience goods that may include the facilities of a post office and/or for the sale of take-away food and that has a maximum gross floor area of 75 square metres but, in the Table in Part 3, does not include a building or place elsewhere defined.
"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, sun control devices and any elements, projections or works outside the general lines of the outer face of the external wall, and

(b) lift towers, cooling towers, machinery and plant rooms, ancillary storage space and vertical air conditioning ducts, and

(c) car parking needed to meet any requirements of the Council and any internal access to such parking, and

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

"group home" has the same meaning as in the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 .
"hazardous industry" means an industry that, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, 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.

"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 on the locality have been employed (including, for example, 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.

"height" in relation to a building or structure, means the distance measured vertically from the topmost element of the building or structure to the natural ground level immediately below that point.
"helipad" means an area or place, whether or not open to public use, set apart for the taking off and landing of helicopters.
"heliport" means an area or place open to public use that is licensed by the Commonwealth for the taking off and landing of helicopters and includes terminal buildings and facilities for the parking, servicing and repair of helicopters.
"heritage conservation area" means an area of land that is shown edged by a heavy black broken line on the map, and 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 a building, work, archaeological site, tree or place within a heritage conservation area, and 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, archaeological site, potential archaeological site or place:

(a) the site and nature of which is described in Schedule 4, 5 or 6, and

(b) that is more particularly specified in an inventory of heritage items available at the office of the Council, and

in the case of an item described in Schedule 6 as a place or potential place of Aboriginal heritage significance, the item includes any component, fixture or fitting that is attached to it.
"heritage significance" means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
"high technology industry" means an enterprise which has as its primary function the manufacture, development, production, processing or assembly of, or research into, any of the following:

(a) electronic and micro-electronic systems, goods and components,

(b) information technology, computer software and hardware,

(c) instrumentation and instruments,

(d) biological, pharmaceutical, medical or paramedical systems, goods and components,

(e) other goods, systems and components intended for use in science and technology.

"home business" means a business carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling that does not involve:

(a) the employment of more than 2 persons other than those residents, or

(b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or

(c) involve the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or

(d) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the business carried on in the dwelling), or

(e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building,

but does not include bed and breakfast accommodation, home occupation or a brothel.
"home industry" means a light industry carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling that does not involve:

(a) the employment of more than one person other than those residents, or

(b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or

(c) the exposure to view, from any residential premises or from any public place, of any unsightly manner, or

(d) the exhibition of any notice, advertisement or sign (other than a notice advertisement or sign exhibited on that dwelling to indicate the name of the resident and the light industry carried on in the dwelling), or

(e) the sale of items (whether goods or materials), or the exposure or offer of sale of items, by retail, except for goods produced at the dwelling or building, or

(f) the use of more than 50 square metres of floor area to carry on the light industry,

but does not include bed and breakfast accommodation or a brothel.
"home occupation" means an occupation carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling that does not involve:

(a) the employment of persons other than those residents, or

(b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or

(c) the display of goods, whether in a window or otherwise, or

(d) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the occupation carried on in the dwelling), or

(e) the sale of items (whether goods or materials), or the exposure to offer for sale of items, by retail,

but does not include bed and breakfast accommodation or a brothel.
"hospital" means a building or place used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, care for people with developmental disabilities, psychiatric care or counselling and services provided by health care professionals) 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 by hospital staff or health care workers, and whether or not any such use is a commercial use.

"hotel or motel accommodation" means tourist and visitor accommodation (whether or not licensed premises under the Liquor Act 2007 ):

(a) comprising rooms or self-contained suites, and

(b) that may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,

but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.
"industry" means the manufacturing, assembling, altering, formulating, repairing, renovating, preparing, ornamenting, finishing, cleaning, washing, breaking up or adapting of any goods or any articles or any part of a good or an article for trade or sale or gain but, in the Table in Part 3, does not include any other use specifically defined in this Dictionary.
"intensive agriculture" means a form of agriculture, involving:

(a) intensive livestock enterprises such as piggeries, cattle feed lots or poultry farms, which requires particular treatment or practices for the management of wastes (including faeces or other by-products), or

(b) other intensive rural production enterprises such as hydroponic crop production, glass house fruit, flowers and vegetables, and the like.

"junk yard" means land used:

(a) for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods, or

(b) for the collection, dismantling, storage, salvaging or abandonment of vehicles or machinery, or

(c) for the sale of parts derived from those vehicles or machinery.

"Lake" means the lake known as Lake Macquarie.
"Lake Macquarie Development Control Plan No 1-Principles of Development" means Lake Macquarie Development Control Plan No 1-Principles of Development-Revision 01 as adopted by the Council on 30 January 2006.
"land" has the same meaning as in the Act.
"large-scale commercial premises" means premises, or part of premises, that have a gross floor area of not less than 500 square metres, and are used for the purpose of an office, or any other commercial or business purpose, by a single occupancy, but does not include any other premises defined in this Dictionary.
"light industry" means an industry, not being a hazardous industry or offensive 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, oil, or otherwise.
"liquid fuel depot" means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other flammable liquid.
"maintenance" in Part 6 (Heritage provisions) 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 exotic species and artificial landscapes or technology.
"manufactured home estate" has the same meaning as it has in State Environmental Planning Policy No 36-Manufactured Home Estates .
"marina" means a pontoon, jetty, pier or similar structure operated for commercial gain and designed or adapted to provide moorings for boats used primarily for pleasure or recreation and may include ancillary works such as slipways, facilities for the hire, repair and maintenance of boats and the provision of fuel, accessories and parts for boats and foodstuff.
"medical centre" means a building or place used as an outpatient day surgery, health centre, pathology laboratory or collection centre, diagnostic centre or the like.
"mine" means any place, open cut, shaft, tunnel, pit, drive, level or other excavation, drift, gutter, lead, vein, lode or reef on, in or by which any operation is carried on for or in connection with the purpose of obtaining any metal, mineral or gas by any mode or method and includes any place on which any product of the mining there is stacked, stored, crushed or otherwise treated, but does not include a quarry.
"mixed use development" means development that comprises a combination of two or more of the following uses: dwellings; accommodation for tourists; shops; commercial premises; recreation facilities; restaurants; bottle shops.
"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 there.
"multiple dwelling housing" means three or more dwellings, not being a residential flat building, and may include villas, town houses and terraces.
"native vegetation" has the same meaning as it has in the Native Vegetation Act 2003 , including scrub that is native vegetation but does not include any tree, sapling or shrub.
"natural ground level" means the ground level of a site before any development has been carried out that alters the naturally occurring height or contours of the site.
"natural heritage" means:

(a) natural features consisting of physical and biological formations or groups of such formations, which are of identifiable value from the aesthetic or scientific point of view, or

(b) geological and physiographical formations and delineated areas, which constitute the habitat of threatened species of animals and plants of identifiable value from the point of view of science or conservation, or

(c) natural sites or delineated natural areas of identifiable value from the point of view of science, conservation or natural beauty regardless of evidence of human intervention.

"offensive industry" means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the development from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality.
"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 on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality.
"operational land" has the same meaning as in the Local Government Act 1993 .
"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 heritage items (refer to Schedule 6) 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 that may include 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 public worship" means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.
"potential archaeological site" means a site:

(a) that is specified in Schedule 4 or 5 and described in that schedule as a potential archaeological site and shown on the map, or

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

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

(a) that is specified in Schedule 6 as a potential place of Aboriginal heritage significance, or

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

"principles of ecologically sustainable development" means the following statements of principle:
Ecologically sustainable development requires the effective integration of economic and environmental considerations in decision-making processes. Ecologically sustainable development can be achieved through the implementation of the following principles and programs:

(a) the precautionary principle-namely, that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. In the application of the precautionary principle, public and private decisions should be guided by:
(i) careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment, and

(ii) an assessment of the risk-weighted consequences of various options,

(b) inter-generational equity-namely, that the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations,

(c) conservation of biological diversity and ecological integrity-namely, that conservation of biological diversity and ecological integrity should be a fundamental consideration.

(d) improved valuation, pricing and incentive mechanisms-namely, that environmental factors should be included in the valuation of assets and services, such as:
(i) polluter pays-that is, those who generate pollution and waste should bear the cost of containment, avoidance or abatement,

(ii) the users of goods and services should pay prices based on the full life cycle of costs of providing goods and services, including the use of natural resources and assets and the ultimate disposal of any waste,

(iii) environmental goals, having been established, should be pursued in the most cost effective way, by establishing incentive structures, including market mechanisms, that enable those best placed to maximise benefits or minimise costs to develop their own solutions and responses to environmental problems.

"professional consulting rooms" means a room or a number of rooms forming either the whole or part of, attached to or within the curtilage of, an existing dwelling house and used by not more than 3 persons providing medical services, or similar health care services, and who employ not more than 3 employees connected with those particular services.
"pub" means licensed premises under the Liquor Act 2007 the principal purpose of which is the sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises.
"public authority" has the same meaning as it has in the Act.
"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,

and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Government department, corporation, firm or authority carrying on the undertaking.
"recreation facility" means a building or place used for indoor recreation, whether used for the purpose of gain or not but, in the Table in Part 3, does not include any other building specifically defined in this Dictionary or used for a land use so defined.
"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 Lake Macquarie City 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 that area, or

(c) any deposit, object or material evidence of any age relating to the existence or evolution of fauna and flora species and geology and geomorphology.

"residential flat building" means a building that comprises or includes:

(a) 3 or more storeys (not including levels below natural ground level provided for car parking or storage, or both, that protrude less than 1.2 metres above ground level), and

(b) 4 or more self-contained dwellings,

but does not include a Class 1a building or Class 1b building within the meaning of the Building Code of Australia .

Note: Class 1a and Class 1b buildings are commonly referred to as “town houses” or “villas” where the dwelling units are side by side, rather than on top of each other.

"restaurant" means a building or place, principally providing food to seated paying customers and may include take-away, footway dining, kiosk and drive-through services.
"restricted premises" means premises (other than a newsagency or pharmacy) where:

(a) publications classified Category 1 restricted, Category 2 restricted or RC under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown, exhibited, displayed, sold or otherwise made accessible or available to the public, or

(b) a business to which section 578E of the Crimes Act 1900 applies is conducted.

"retail plant nursery" means a building or place used for both the growing and retail selling of plants, whether or not ancillary products are sold there.
"road" means a public thoroughfare used for the passage of vehicles, pedestrians or animals and includes:

(a) the airspace above the surface of the road, and

(b) the soil beneath the surface of the road, and

(c) any bridge, tunnel, causeway, road-ferry, ford or other work or structure forming part of the road.

"roadside stall" means a building or place not exceeding 20 square metres in floor space or area respectively where only primary products produced on the property on which the building or place is situated are exposed or offered for sale or sold by retail.
"rural industry" means the handling, treating, processing or packing of primary products and/or the servicing in a workshop of plant or equipment used for rural purposes.
"sawmill" means a mill handling, cutting and processing timber from logs or baulks.
"seniors housing" means residential accommodation that consists of:

(a) a residential care facility, or

(b) a hostel, or

(c) a group of self-contained dwellings, or

(d) a combination of these,

and that is, or is intended to be, used permanently for:

(e) seniors or people who have a disability, or

(f) people who live in the same household with seniors or people who have a disability, or

(g) staff employed to assist in the administration of the residential accommodation or in the provision of services to persons living in the accommodation,

but does not include a hospital.
"service station" means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil, gas or other petroleum products, whether or not the building or place is also used for one or more of the following purposes:

(a) the sale by retail of spare parts and accessories for motor vehicles, or the hiring of trailers or other vehicles,

(b) washing and greasing of motor vehicles,

(c) installation of accessories,

(d) repairing and servicing of motor vehicles (other than repairing and servicing which involves top overhaul of motors, body building, panel beating, spray painting, or suspension, transmission or chassis restoration),

(e) a shop.

"serviced apartment" means a building or part of a building providing self-contained tourist and visitor accommodation that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.
"shop" means a building or place used for the purpose of selling, exposing or offering for sale by retail, food, goods, merchandise or materials but, in the Table in Part 3, does not include any other building or place specifically defined in this Dictionary.
"sign" means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes:

(a) building identification signs, and

(b) business identification signs, and

(c) advertisements,

but does not include traffic signs or traffic control facilities.
"site area" means the area of land to which an application for consent under the Act relates, exclusive of any land on which the development to which the application relates is not permitted by or under this plan.
"small lot housing" means:

(a) a single dwelling on an allotment of land with an area of not less than 300 square metres but not more than 450 square metres in Zone 2 (1), or

(b) a single dwelling on an allotment of land with an area of not less than 200 square metres but not more than 450 square metres in Zone 2 (2).

"sporting facility" means a building or place used for outdoor recreational activities, whether for the purpose of gain or not but, in the Table to Part 3, does not include any other building or place specifically defined in this Dictionary.
"storage facility" means a building or place used for the purpose of storing the belongings or materials of individuals in separate compartments.
"storey" means the space within a building that is situated between one floor level and the next floor level above, or if there is no floor level above, the ceiling or roof above, but does not include a space that only contains:

(a) a lift shaft, stairway or metre rooms, or

(b) a bathroom, laundry or similar room, or

(c) parking accommodation intended for less than 3 vehicles, or

(d) a combination of the items, rooms or accommodation referred to in paragraphs (a)-(c), or

(e) a mezzanine floor.

"stormwater management facility" means a building or work used to control the quality of stormwater and includes detention basins, artificial wetlands, silt traps, gross pollutant traps, swales, channels and the like.
"strata title subdivision" means subdivision under the Strata Schemes (Freehold Development) Act 1973 .
"subdivision of land" has the same meaning as in the Act.
"sustainable generating works" means a building or place used for the purpose of generating electricity using energy derived from water, wind or sun.
"sustainable water cycle management" means water cycle management that incorporates the principles and practice of water smart and water sensitive urban design philosophies.
"telecommunications facility" means a facility used to receive and transmit telecommunications including, but not limited to, towers, antennae, ground based and underground facilities.
"the Act" means the Environmental Planning and Assessment Act 1979 .
"the Council" means the Council of the City of Lake Macquarie.
"the map" means the series of maps marked “ Lake Macquarie Local Environmental Plan 2004 ”, as amended by the maps, or 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.

Lake Macquarie Local Environmental Plan 2004 (Amendment No 1)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 3)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 4)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 6)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 7)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 10)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 11)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 12) -Sheet 3

Lake Macquarie Local Environmental Plan 2004 (Amendment No 14) -Sheets 1 and 2

Lake Macquarie Local Environmental Plan 2004 (Amendment No 15)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 16)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 17)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 18)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 19) -Sheets 1 and 2

Lake Macquarie Local Environmental Plan 2004 (Amendment No 20)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 21) -Sheet 1

Lake Macquarie Local Environmental Plan 2004 (Amendment No 24)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 26)

Lake Macquarie Local Environmental Plan (Amendment No 28) -Sheets 1-5 and 8-10

Lake Macquarie Local Environmental Plan 2004 (Amendment No 29)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 30)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 31)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 32) -Sheets 1, 2 and 7

Lake Macquarie Local Environmental Plan 2004 (Amendment No 33)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 34)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 36)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 37)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 38)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 39)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 41)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 42)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 45)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 46)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 47) -Sheet 1

Lake Macquarie Local Environmental Plan 2004 (Amendment No 48) -Sheets 2 and 3

Lake Macquarie Local Environmental Plan 2004 (Amendment No 49)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 51) -Sheets 2 and 3

Lake Macquarie Local Environmental Plan 2004 (Amendment No 52) -Sheets 1-11

Lake Macquarie Local Environmental Plan 2004 (Amendment No 53)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 54) -Sheet 5

Lake Macquarie Local Environmental Plan 2004 (Amendment No 55)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 57)

Lake Macquarie Local Environmental Plan 2004 (Amendment No 62)

State Environmental Planning Policy (Major Projects-North Cooranbong) Amendment 2008-North Cooranbong Land Zoning Map

"the Regulation" means the Environmental Planning and Assessment Regulation 2000 .
"tourist and visitor accommodation" means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes hotel or motel accommodation, serviced apartments, bed and breakfast accommodation and backpackers’ accommodation.
"tourist resort" means a building or place that provides accommodation for tourists together with any one or more of the following:

(a) on-site facilities to satisfy the recreational, entertainment, dining and business needs of tourists,

(b) a function centre.

"transport terminal" means a building or place used mainly for the bulk handling of goods for transport by road, rail or air and includes facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles, and includes a road transport terminal and a rail terminal.
"tree" includes:

(a) any sapling or shrub that is more than 3 metres in height or has a trunk with a diameter, at ground level, of 75mm or more, and

(b) any species of vegetation that existed in the State of New South Wales before European settlement, and

(c) any vegetation listed on the Council’s Significant Tree Register .

Note: The term "tree" includes any tree within the ordinary meaning of that term, such as the Norfolk Island Pine. The above definition extends the meaning of "tree" to include plants that might not otherwise be considered to be trees.

"unzoned land" means land not zoned by this plan.
"utility installation" means a building or work used for a public utility undertaking, but does not include a building designed wholly or principally as administrative or business premises or as a showroom.
"veterinary hospital" means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.
"warehouse" means a building used for the storage of goods, merchandise or materials pending their sale and distribution to persons engaged in the retail trade.
"waste management and/or recycling facility" means a building or place used for the collection, storage, abandonment, sorting and/or sale of waste materials and/or the preparation of those recycled materials for further use.
"water cycle management" means the handling of water and water resources in a manner that has regard to the whole of the hydrological process. This includes having regard to the quality and quantity of the resource from its various sources and its use and transport in the natural and built environment.
"water pollution" or "pollution of waters" has the same meaning as in the Protection of the Environment Operations Act 1997 .
"waterbody" means:

(a) a natural waterbody, including:
(i) a lake or lagoon either naturally formed or artificially modified, or

(ii) a river or stream, whether perennial or intermittent, flowing in a natural channel with an established bed or in a natural channel artificially modifying the course of the river or stream, or

(iii) tidal waters including any bay, estuary or inlet, or

(b) an artificial waterbody, including any constructed waterway, canal, inlet, bay, channel, dam, pond or lake, but does not include a dry detention basin or other construction that is only intended to hold water intermittently.

"wetland" means those areas where flora are dependent on, or are significantly adapted to living in, wet conditions for a significant part of their life cycle.
"wholesale plant nursery" means a building or place used for both the growing and wholesaling of plants.

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