New South Wales Consolidated Regulations

NORTH SYDNEY LOCAL ENVIRONMENTAL PLAN 1989 - REG 5

5 Definitions

(1) In this plan:
"adult services" means the use of premises for the purpose of a massage parlour, adult sexual services or the like, but not for the purpose of a home occupation.
"advertisement" means a display by the use of symbols, messages or 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.
"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.
"appointed day" means the day on which this plan takes effect.
"arterial road" means:

(a) a road shown on a map referred to in this plan by:

(i) a continuous or intermittent red line on white between firm black lines, or

(ii) a broken red band on white between intermittent black lines, and

(b) a main road within the meaning of the Roads Act 1993 , and

(c) a secondary road within the meaning of the Roads Act 1993 .

"attached dwellings" means a building on a single allotment containing two or more dwellings, each dwelling having an individual entrance and access to a courtyard at natural ground level, being a dwelling no part of which is superimposed on any part of another dwelling (except parking spaces) and includes dwellings in a row of 2 or more dwellings attached to each other such as are commonly known as townhouses.
"backpackers’ accommodation" means a building or part of a building primarily or principally used to provide accommodation for travellers, for tourists or for persons engaged in recreational pursuits but is not used as their principal place of residence.
"boarding house" means a residential building that is let in lodgings which primarily or principally provides lodgers with a principal place of residence, but does not include backpackers’ accommodation, serviced apartment or a motel.
"brothel" means premises habitually used for the purpose of prostitution, but not for the purpose of a home occupation.
"building height plane" means a plane projected at an angle of 45 degrees over a site commencing 1.8 metres above natural ground level along a boundary of the site or along any other line or boundary specified in this plan for the purpose of establishing a building height plane.
"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.
"bus depot" means a building or place used for the servicing, repair and garaging of buses and other vehicles used for the purposes of a bus transport undertaking.
"bus station" means a building or place used as a terminal for the assembly and dispersal of passengers travelling by bus.
"bushland" means land on which there is vegetation which is either a remainder of the natural vegetation of the land or, if altered, is still representative of the structure and floristics of the natural vegetation.
"business identification sign" means an advertisement which, in respect of any place or premises, to which it is fixed, contains all or any of the following:

(a) a reference to the identity or a description of the place or premises,

(b) a reference to the identity or a description of any person residing or carrying on an occupation or activity at the place or premises,

(c) such directions or cautions as are usual or necessary relating to the place or premises or any occupation or activity carried on there,

(d) particulars or notifications required or permitted to be displayed by or under any Act or any Act of Parliament of the Commonwealth,

(e) particulars relating to the goods, commodities or services dealt with or provided at the place or premises,

(f) a reference to an affiliation with a trade, professional or other association relevant to the business conducted at the place or premises.

"car park" means a building or place used for the parking of motor vehicles other than parking which is ancillary to or incidental to development for a purpose which is permissible either with or without development consent.
"car repair station" means a building or place used for the purpose of servicing or repairing motor vehicles not involving:

(a) body building,

(b) panel beating, or

(c) spray painting other than of a touching-up character.

"characteristic building" means any building, as it existed on 11 December 1992, within Zone No 2 (g) which reflects the predominant building form in Cremorne Point in terms of height, setbacks, subdivision pattern, orientation, building footprint, bulk and landscaping, and which is not identified in Schedule 3-Cremorne Point.
"child care centre" means a building or place used as a child care centre within the meaning of Part 7 of the Child Welfare Act 1939 , and includes pre-schools, kindergartens and long day care centres.
"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 does not include a building or place elsewhere specifically defined in this clause or a building or place used for a purpose elsewhere specifically defined in this clause.
"community land" means land classified as community land within the meaning of the Local Government Act 1993 .
"community notice sign" means a notice or display of public information by a public authority giving information or directions about services provided by that authority.
"conservation area" means the land edged blue and marked “conservation area” on the map.
"Council" means the Council of the Municipality of North Sydney.
"cultural significance" means aesthetic, archaeological, architectural, natural historic, scientific or social value for present and future generations.
"development" has the meaning ascribed to it in section 4 of the Act.
"dwelling" means a room or 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 comprising one but not more than one dwelling on a single allotment, but does not include a building or place elsewhere specifically defined in this clause.
"educational establishment" means a building used as a school, college, technical college, academy, lecture hall, gallery or museum, but does not include a building used wholly or principally as an institution or child care centre.
"existing building" means a building in existence at the appointed day.
"floor" means that space within a building which is situated between one floor level and the floor level next above or if there is no floor above, the ceiling or roof above.
"floor space ratio", in relation to a building, means the ratio of the gross floor area of the building to the area of the site on which the building is or is proposed to be erected.
"generating works" means a building or place used for the purpose of making or generating gas, electricity or other forms 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 the following:

(a) columns, fin walls, sun control 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 vertical air-conditioning ducts,

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

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

(e) internal public arcades and thoroughfares, terraces, balconies with outer walls less than 1400 millimetres high and the like.

"health care professional" means a person who renders professional health services to members of the public, and includes:

(a) a chiropodist registered under the Chiropodists Registration Act 1962 ,

(b) a chiropractor or an osteopath or a chiropractor and an osteopath registered under the Chiropractic Act 1978 ,

(c) a physiotherapist registered under the Physiotherapists Registration Act 1945 ,

(d) an optometrist registered under the Optometrists Act 1930 , and

(e) an acupuncturist, a naturopath, a psychologist, a herbalist, a homeopath and the like.

"helipad" means an area or place not open to public use which is set apart and lawfully used for the taking off and landing of helicopters.
"heliport" means an area or place open to public use which is licensed by the appropriate Commonwealth authority for use by helicopters and includes terminal buildings and facilities for the parking, servicing and repair of helicopters.
"home industry" means an industry carried on in a building (other than a dwelling-house or a dwelling in a residential flat building) under the following circumstances:

(a) the building does not have a gross floor area exceeding 50 square metres and is erected within the curtilage of the dwelling-house or residential flat building occupied by the person carrying on the industry or on adjoining land owned by that person, and

(b) the industry does not:

(i) interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise, or

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

(iii) require the provision of any essential service main of a greater capacity than that available in the locality.

"home occupation" means an occupation carried on in a dwelling-house or in a dwelling in a residential flat building by the permanent residents of the dwelling-house or dwelling which does not involve:

(a) the registration of the building under the Factories, Shops and Industries Act 1962 ,

(b) the employment of persons other than those residents,

(c) 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 or grit, oil or otherwise,

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

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

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

"hospital" means a building or place used as:

(a) a hospital,

(b) a sanatorium,

(c) a health centre,

(d) a nursing home, or

(e) a home for aged persons, infirm persons, incurable persons or convalescent persons,

whether public or private, and includes a shop or dispensary used in conjunction therewith, but does not include an institution.
"hotel" means any premises specified in a hotelier’s licence granted under the Liquor Act 1982 .
"housing for aged or disabled persons" means a hostel or a grouping of 2 or more self-contained dwellings or a combination of both, or any other form of residential accommodation, used for the permanent residential accommodation of aged persons or disabled persons and which includes 1 or more of the following facilities provided for use in connection with that accommodation:

(a) accommodation for staff employed in connection with that accommodation,

(b) chapels,

(c) medical consulting rooms,

(b) meeting rooms,

(e) recreation facilities,

(f) shops,

(e) therapy rooms,

(h) any other facilities for the use or benefit of aged persons or disabled persons.

"industry" means:

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

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

"infill development" means the erection of a building comprising one or more additional dwellings on the same allotment as an existing building, where the existing building and allotment are to be retained, but does not include a building or place elsewhere specifically defined in this clause.
"institution" has the same meaning as in the Environmental Planning and Assessment Model Provisions 1980 .
"junk yard" means land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods used for the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of parts thereof.
"landscaped area" means that part of the site not occupied at or above ground level by any building or swimming pool which part is or is proposed to be predominantly landscaped by way of planting, gardens, lawns, shrubs or trees and is available for use and enjoyment by the occupants of the building erected on the site but does not include any area set aside for driveways and parking.
"light industry" means an industry, not being an offensive or hazardous industry, in which the processes carried on, the transportation involved or the machinery or materials used do not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and does not include industries commonly known as heavy industries.
"liquid fuel depot" means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid.
"main road" means a main road within the meaning of the State Roads Act 1986 .
"major road frontage" in relation to land, means the frontage of that land to:

(a) a main or arterial road, or

(b) a road connecting with a main or arterial road, if the whole or any part of the frontage is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the main or arterial road.

"marina" means a pontoon, jetty, pier or other structure (whether water based or land based) designed to provide moorings or dry storage for boats used primarily for pleasure or recreation, or comprising (whether or not in addition to the foregoing) works such as slipways, hoists or facilities for the repair and maintenance of boats, and the provision of fuel, accessories and parts for boats, and of foodstuffs.
"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 or mineral by any mode or method and any place on which any product of the mine is stacked, stored, crushed or otherwise treated, but does not include a quarry.
"mineral sand mine" means a mine for or in connection with the purpose of obtaining ilmenite, monazite, rutile, zircon or similar materials.
"motel" means a building or buildings (other than a hotel, boarding house, residential flat building, serviced apartment or backpackers’ accommodation) substantially used for the over-night accommodation of travellers and the vehicles used by them, whether or not the building or buildings are also used in the provision of meals to those travellers or the general public.
"natural ground level" means the level of any land to which this plan applies at the 3rd December 1982.
"offensive or hazardous industry" means an industry which, by reason of the processes involved or the method of manufacture or the nature of the materials used or produced, requires isolation from other buildings.
"operational land" means land classified as operational land within the meaning of the Local Government Act 1993 .
"parking space" includes any garage or area available for the parking of motor vehicles.
"place of assembly" means a public hall, theatre, cinema, music hall, concert hall, dance hall, open air theatre, drive-in theatre, music bowl or any other building of a like character used as such and whether used for the purposes of gain or not, but does not include a place of public worship, an institution or an educational establishment.
"place of public worship" means a church, chapel or other place of public worship or religious instruction or place used for the purpose of religious training.
"professional consulting rooms" means premises used by not more than 3 legally qualified medical practitioners or by not more than 3 dentists, within the meaning of the Dentists Act 1934 , or by not more than 3 health care professionals, who practise therein the profession of medicine, dentistry or health care respectively, and if more than one, practise in partnership, and who employ not more than 3 employees in connection with that practice.
"public building" means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a Council or an organisation established for public purposes.
"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 shall be construed as including a reference to a Council, county council, Government Department, corporation, firm or authority carrying on the undertaking.
"real estate sign" means an advertisement which, in respect of any place or premises to which it is fixed, contains only a notice that the place or premises is or are for sale or letting (together with details relating to the sale or letting) and:

(a) in the case of an advertisement relating to residential premises or premises containing serviced apartments:

(i) does not exceed 2.5 sq m in area,

(ii) has no return exceeding 200 mm, and

(iii) is not illuminated,

(b) in the case of an advertisement relating to commercial or industrial premises:

(i) does not exceed 4.5 sq m in area,

(ii) has no return exceeding 200 mm, and

(iii) is not illuminated,

(c) is removed no later than 14 days after letting or completion of the sale of the premises or place to which the sign relates.

"recreation area" means:

(a) a new children’s playground,

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

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

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

but does not include a racecourse or showground.
"recreation establishment" means a health farm, religious retreat house, rest home, youth camp and the like but does not include a building or place elsewhere specifically defined in this clause or a building or place used or intended for use for a purpose elsewhere specifically defined in this clause.
"recreation facility" means a building or place used for indoor recreation, a billiard saloon, table tennis centre, squash court, swimming pool, gymnasium, health studio, bowling alley, fun parlour or any other building of a like character used for recreation and whether used for the purpose of gain or not, but does not include a place of assembly.
"refreshment room" means a restaurant, cafe, tea room, eating house or the like, but does not include a building or place elsewhere specifically defined in this clause.
"resident medical practice" means a room or number of rooms forming part of a building used as a detached dwelling-house for one permanent resident, who is a legally qualified medical practitioner or a dentist within the meaning of the Dentists Act 1934 , or is a health care professional, who practises there as a sole practitioner and employs not more than one employee in connection with the practice.
"residential flat building" means a building containing 2 or more dwellings but does not include a building elsewhere defined in this clause.
"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 therein.
"road" means road, street, lane, highway, pathway or thoroughfare, including a bridge, culvert, causeway, road-ferry, ford, crossing and the like on the line of a road through or over a watercourse.
"road transport terminal" means a building or place used for the principal purpose of the bulk handling of goods for transport by road, including facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles.
"service station" means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil and other petroleum products whether or not the building or place is also used for any one or more of the following purposes:

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

(b) washing and greasing of motor vehicles,

(c) installation of accessories,

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

"serviced apartment" means a building or place which is cleaned and serviced by the owner or manager of the building or place or the owner’s or manager’s agent, and which provides short-term accommodation for travellers or tourists, but does not include a hostel or a building or place elsewhere specifically defined in this clause.
"shop" means a building or place used for the purpose of selling, exposing or offering for sale by retail, goods, merchandise or materials, but does not include a building or place elsewhere specifically defined in this clause or a building or place used for a purpose elsewhere specifically defined in this clause.
"showroom" means a building or place primarily used for the display of goods, merchandise or materials.
"site" means the land to which an application for consent under the Act relates, excluding any land upon which the development to which the application relates is not permitted by or under this plan.
"site area" means the area of land to which an application for consent under the Act relates, excluding any land upon which the development to which the application relates is not permitted by or under this local environmental plan.
"small lot" means an allotment of land having a frontage to a street and having an area less than 230m 2 but not less than 150m 2. The area of the access corridor shall not be taken into account in calculating the area of a hatchet-shaped allotment.
"storey" means any floor or part of a floor regardless of use but does not include:

(a) an attic contained wholly within the roof space where the roof has a maximum pitch of 36 degrees, or

(b) a parking area contained wholly within a basement which is below the natural ground level.

"take-away food shop" means a milk bar, sandwich shop or the like but does not include:

(a) a drive-in take-away food shop, or

(b) a building or place elsewhere specifically defined in this clause.

"tavern" means any premises specified in a hotelier’s licence endorsed as a tavern granted under the Liquor Act 1982 , which premises do not provide accommodation.
"telecommunications facility" means:

(a) any part of the infrastructure of a telecommunications network, or

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

"temporary sign" means an advertisement of a temporary nature which:

(a) announces any local event of a religious, educational, political, social or recreational character or relates to any temporary matter in connection with such an event,

(b) does not include advertising of a commercial nature, but may include the name of any sponsor of the event if the sponsor’s name or logo remains subordinate to the main announcement, and

(c) is not displayed earlier than 28 days before the day on which the event to which it relates is to take place and is removed within 14 days after that event.

"the Act" means the Environmental Planning and Assessment Act 1979 .
"the map" means the map marked “ North Sydney Local Environmental Plan 1989 ” comprised of sheets numbered 1, 2 and 3 deposited in the office of the Council, as amended by the following maps:

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.

North Sydney Local Environmental Plan 1989 (Amendment No 4)

North Sydney Local Environmental Plan 1989 (Amendment No 7)

North Sydney Local Environmental Plan 1989 (Amendment No 8)

North Sydney Local Environmental Plan 1989 (Amendment No 9)

North Sydney Local Environmental Plan 1989 (Amendment No 10)

North Sydney Local Environmental Plan 1989 (Amendment No 11)

North Sydney Local Environmental Plan 1989 (Amendment No 13)

North Sydney Local Environmental Plan 1989 (Amendment No 14)

North Sydney Local Environmental Plan 1989 (Amendment No 18)

North Sydney Local Environmental Plan 1989 (Amendment No 20)

North Sydney Local Environmental Plan 1989 (Amendment No 23)

North Sydney Local Environmental Plan 1989 (Amendment No 25)

North Sydney Local Environmental Plan 1989 (Amendment No 27)

North Sydney Local Environmental Plan 1989 (Amendment No 28)

North Sydney Local Environmental Plan 1989 (Amendment No 31)

North Sydney Local Environmental Plan 1989 (Amendment No 33)

North Sydney Local Environmental Plan 1989 (Amendment No 35)

North Sydney Local Environmental Plan 1989 (Amendment No 38)

North Sydney Local Environmental Plan 1989 (Amendment No 40)

North Sydney Local Environmental Plan 1989 (Amendment No 41)

North Sydney Local Environmental Plan 1989 (Amendment No 42)

North Sydney Local Environmental Plan 1989 (Amendment No 47)

North Sydney Local Environmental Plan 1989 (Amendment No 54) -Sheets 1-3

North Sydney Local Environmental Plan 1989 (Amendment No 59)

North Sydney Local Environmental Plan 1989 (Amendment No 60)

North Sydney Local Environmental Plan 1989 (Amendment No 64)

"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.
"trade craft workshop" means a building or place such as a workshop or premises used for the purpose of repairing electrical equipment, bicycles, instruments, office equipment, and includes a painter’s or plumber’s workshop and the like, whether or not the building or place is also used for minor retail sales.
"transport terminal" means a building or place used as an airline terminal, a road transport terminal, a bus station or a bus depot.
"utility installation" means a building or work used by a public utility undertaking, but does not include a building designed wholly or principally as administrative or business premises or as a showroom.
"wall height" means the vertical distance between the top of the eaves at the wall line, parapet or flat roof (not including a chimney) whichever is the highest, and the natural ground level.
"warehouse" means a building or place used for the storage of goods, merchandise or materials pending their sale and distribution to persons engaged in the retail trade.
"zone" means land referred to in clause 8 and the Table to clause 9 and shown on the map by distinctive colouring or edging or in some distinctive manner as referred to in clause 8 for the purpose of indicating the restrictions imposed by the plan on the development or use of land.

(2) In this plan:

(a) a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for that purpose, and

(b) a reference to a map is a reference to a map deposited in the office of the Council.