New South Wales Consolidated Regulations

SINGLETON LOCAL ENVIRONMENTAL PLAN 1996 - REG 9

9 How are terms defined in this plan?

(1) In this plan:
"advertising" means the use of a building or place for the display of symbols, messages or other devices for promotional purposes, whether or not the display involves the erection of a structure or the carrying out of a work.
"agriculture" means:

(a) the production of crops or fodder, or

(b) horticulture, including fruit, vegetable and flower crop production, and use of land for wholesale plant nurseries, or

(c) the grazing of livestock, or

(d) the keeping and breeding of livestock, including poultry, other birds, and bees,

but does not include use of land for intensive agriculture feed lots, piggeries, poultry farming establishments, retail plant nurseries or stables.
"ancillary land use" means any land use that is directly ancillary, inseparable from and necessary for another land use.
"animal establishment" means a place for the breeding, boarding, training or keeping of, or caring for, animals and includes dog kennels and riding schools.
"appointed day" means the day on which this plan takes effect.
"bed and breakfast accommodation" means a dwelling which:

(a) provides temporary overnight accommodation for the short-term traveller, and

(b) offers at least breakfast for guests, and

(c) does not accommodate more than 8 guests, and

(d) does not contain facilities in rooms for the preparation of meals by guests, and

(e) is not used in whole or in part for the permanent or long-term accommodation of any person other than the person or persons who operate and manage the accommodation and who normally reside in the dwelling.

"boarding-house" includes a house let in lodgings or a hostel, but does not include a motel.
"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.
"bushfire hazard reduction" means any activity designed or intended to reduce or modify combustible material capable of assisting the outbreak, spread or extension of a bushfire.
"business premises" means a building or place in which there is carried on an occupation, profession, light industry or trade which provides a service directly and regularly to the public, but does not include a building or place elsewhere defined in this clause.
"car repair station" means a building or place used for the purpose of carrying out repairs to motor vehicles or agricultural machinery not being:

(a) body building, or

(b) panel beating which involves dismantling, or

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

"cellar door premises" means a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area.
"child care centre" means a building or place which is used (whether or not for profit) for the purpose of educating, minding or caring for children (whether or not any of the children are related to the owner or operator), but only if the following conditions are satisfied:

(a) the children number 6 or more, are under 6 years of age, and do not attend a government school, or a registered non-government school, within the meaning of the Education Reform 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).

"club" means a building used by persons associated, or by a body incorporated, for social, literary, political, athletic or other lawful purposes, whether of the same or a different kind, whether or not the whole or a part of the building is the premises of a club registered under the Registered Clubs Act 1976 .
"coal mining" means operations carried out for the purpose of obtaining or processing coal or shale.
"Council" means the Council of the Singleton local government area.
"craft establishment" means a building in which art works and craft works are manufactured or sold, or both.
"designated State public infrastructure" means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds:

(a) State and regional roads,

(b) bus interchanges and bus lanes,

(c) land required for regional open space,

(d) land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).

"development" has the meaning ascribed to it in section 4 of the Environmental Planning and Assessment Act 1979 .
"dual occupancy-attached" means 2 attached dwellings on a single allotment of land.
"dual occupancy-detached" means 2 detached dwellings on a single allotment of land.
"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 containing 1 but not more than 1 dwelling.
"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.
"environmental buffer area" means an area of land containing any one or more of natural features, man-made features and man-made structures that protect land from potentially adverse impacts that may arise from land use.
"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 upon 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, soil, rock, stone or similar substances.
"farmstay" means a business run in conjunction with an established farming enterprise which:

(a) provides accommodation and entertainment for tourists, and

(b) forms part of the day-to-day operation of the farm.

"finished floor level" means the top of the floor surface of the lowest habitable room in a building.
"flood liable land" means land identified as such on the map and situated below the standard flood level adopted by the Council in accordance with the Floodplain Development Manual , published by the New South Wales Government, a copy of which is available at the office of the Council.
"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.
"forestry" includes arboriculture, sylviculture, 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.
"general store" means a shop used for the sale by retail of general merchandise and which may include the facilities of a post office.
"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:

(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 and ancillary storage space and vertical air-conditioning ducts, and

(c) car-parking needed to meet any requirements of the Council and any internal access thereto, 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 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 pose a significant risk in relation to the locality:

(a) to human health, life or property, or

(b) to the biophysical environment.

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

(a) a podiatrist registered under the Podiatrists Registration Act 1989 , and

(b) a chiropractor or osteopath or chiropractor and osteopath registered under the Chiropractors and Osteopaths Act 1991 , and

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

(d) an optometrist registered under the Optometrists Act 1930 .

"helipad" means an area or place not open to 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.
"home activity" means any activity, pursuit, occupation or profession, carried on in accordance with the following requirements for personal gain in a building or a room or a number of rooms forming part of, attached to, or on the same parcel of land as, a dwelling-house:

(a) only goods made or produced on the premises and goods ancillary thereto are displayed and sold on the premises or only services are provided from or on the premises, and

(b) the activity, pursuit, occupation or profession does not involve the practice or employment on the premises of any person who is not a resident of the dwelling, and

(c) the carrying on of the activity, pursuit, occupation or profession does not:

(i) interfere with the amenity of the locality by reason of traffic generation, insufficient car-parking, or 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, or

(iv) involve the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign, not exceeding 1 metre by 0.6 metre, exhibited on that dwelling-house or dwelling to indicate the name and occupation of the resident, or a description of the activity, pursuit, occupation or profession).

"home based child care establishment" means a dwelling providing care for up to 7 children (including the caregiver’s own children) in the premises where the caregiver resides.
"hospital" means a building or place (other than an institution) 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 and 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 only by hospital staff or health care workers, and whether or not any such use is a commercial use.

"hotel" means the premises to which a hotelier’s licence granted under the Liquor Act 1982 relates.
"housing for aged or disabled persons" means residential accommodation which may take any building form, which is or is intended to be used permanently as housing for the accommodation of aged persons or disabled persons and which may consist of hostels or a grouping of 2 or more self-contained dwellings, or a combination of both, and which includes 1 or more of the following facilities provided for use in connection with that accommodation:

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

(b) chapels,

(c) medical consulting rooms,

(d) meeting rooms,

(e) recreation facilities,

(f) shops,

(g) 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,

but does not include an extractive industry.
"institution" means a penal or reformative establishment.
"intensive agriculture" means:

(a) the permanent cultivation by irrigation of fruit, vegetable or flower crops, lucerne growing, turf farming or the like or the cultivation of plants in a wholesale plant nursery for commercial purposes, or

(b) the commercial keeping or breeding (or both) of livestock which are dependent on high quality forage produced from the land, such as horse studs, dairies or similar enterprises,

but does not include an intensive livestock keeping establishment or an animal establishment.
"intensive livestock keeping establishment" includes cattle feed lots, poultry sheds, piggeries and the like.
"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 from them.
"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.
"liquid fuel depot" means a depot or place used for the bulk storage for wholesale distribution of petrol, oil or other inflammable liquid.
"Lot Size Map" means the Singleton Local Environmental Plan 1996 Lot Size Map , 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.

Singleton Local Environmental Plan 1996 (Amendment No 41) -Sheet 2 Lot Size Map

Singleton Local Environmental Plan 1996 (Amendment No 55) -Sheet 2 Lot Size Map

Singleton Local Environmental Plan 1996 (Amendment No 57) -Lot Size Map

Singleton Local Environmental Plan 1996 (Amendment No 68) -Sheet 2 Lot Size Map

Singleton Local Environmental Plan 1996 (Amendment No 80)

"main road" means a main road within the meaning of the Roads Act 1993 and includes the roads and parts of roads listed in Schedule 1.
"major road frontage", in relation to land, means the frontage of that land to:

(a) a main road or State Highway, or

(b) a road connecting with a main 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 road.

"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 used for or in connection with obtaining ilmenite, monazite, rutile, zircon or similar mineral.
"motel" means a building or buildings (other than a hotel, boarding-house or residential flat building) substantially used for the overnight 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.
"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 also sold or displayed there.
"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.
"parking space" includes any garage or court available for use by 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 and commercial chambers" means a room or number of rooms or chambers being part of a dwelling-house or other building which is or are used by one or more professionally qualified practitioners and their support staff.
"professional consulting rooms" means a room or a number of rooms forming either the whole of or part of, or attached to or within the curtilage of, a dwelling-house and used by legally qualified medical practitioners or (within the meaning of the Dentists Act 1989 ) dentists and their respective support staff, or by health care professionals, who practise therein the profession of medicine, dentistry or health care, respectively.
"professionally qualified practitioner" means a person engaged in a profession or occupation specified in Schedule 2 or a person engaged in a profession or occupation that is, in the opinion of the Council, similar to one so listed.
"public 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 land" has the same meaning as in the Local Government Act 1993 .

Note: The term is defined in the Local Government Act 1993 as follows:
"public land" means any land (including a public reserve) vested in or under the control of the council, but does not include:

(a) a public road, or

(b) land to which the Crown Lands Act 1989 applies, or

(c) a common, or

(d) land subject to the Trustees of Schools of Arts Enabling Act 1902 , or

(e) a regional park under the National Parks and Wildlife Act 1974 .

"public utility infrastructure" includes infrastructure for any of the following:

(a) the supply of water,

(b) the supply of electricity,

(c) the disposal and management of sewage.

"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, county council, Government Department, corporation, firm or authority carrying on the undertaking.
"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 purposes of the physical, cultural or intellectual welfare of persons within the community,

but does not include a racecourse or a showground.
"recreation establishment" means a health farm, religious retreat house, rest home, youth camp or the like, but does not include a building or place elsewhere defined in this clause or a building or place used or intended for use for a purpose elsewhere 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, 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.
"residential flat building" means a building containing 3 or more dwellings.
"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 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.
"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 handling, treating, processing or packing of primary products and includes the servicing in a workshop of plant or equipment used for rural purposes in the locality.
"rural worker’s dwelling" means a dwelling which is on land on which there is already erected a dwelling and which is occupied by persons engaged in a rural occupation on that land.
"sawmill" means a mill handling, cutting and processing timber from logs or baulks.
"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 accessaries 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).

"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 defined in this clause, or a building or place used for a purpose elsewhere defined in this clause.
"site area" means the area of land to which an application for consent under the Act relates, excluding therefrom any land upon which the development to which the application relates is not permitted by or under this plan.
"small gravel pit" means a gravel pit which does not exceed 1 hectare in disturbed area and which has been established for the sole means of winning gravel to be utilised on roads maintained by the Council.
"stock and sale yard" means a building or place used for the purpose of offering animals for sale and includes a public cattle market.
"the Act" means the Environmental Planning and Assessment Act 1979 .
"the map" means the map marked “ Singleton Local Environmental Plan 1996 ”, 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.

Singleton Local Environmental Plan 1996 (Amendment No 1)

Singleton Local Environmental Plan 1996 (Amendment No 2)

Singleton Local Environmental Plan 1996 (Amendment No 3)

Singleton Local Environmental Plan 1996 (Amendment No 8)

Singleton Local Environmental Plan 1996 (Amendment No 9)

Singleton Local Environmental Plan 1996 (Amendment No 10)

Singleton Local Environmental Plan 1996 (Amendment No 15)

Singleton Local Environmental Plan 1996 (Amendment No 22)

Singleton Local Environmental Plan 1996 (Amendment No 23)

Singleton Local Environmental Plan 1996 (Amendment No 25)

Singleton Local Environmental Plan 1996 (Amendment No 26)

Singleton Local Environmental Plan 1996 (Amendment No 33)

Singleton Local Environmental Plan 1996 (Amendment No 36)

Singleton Local Environmental Plan 1996 (Amendment No 40) -Sheets 2 and 3

Singleton Local Environmental Plan 1996 (Amendment No 41) -Sheet 1 Zoning Map

Singleton Local Environmental Plan 1996 (Amendment No 45)

Singleton Local Environmental Plan 1996 (Amendment No 51)

Singleton Local Environmental Plan 1996 (Amendment No 55) -Sheet 1 Zoning Map

Singleton Local Environmental Plan 1996 (Amendment No 56) -Sheet 2

Singleton Local Environmental Plan 1996 (Amendment No 64) -Sheet 2

Singleton Local Environmental Plan 1996 (Amendment No 68) -Sheet 1

Singleton Local Environmental Plan 1996 (Amendment No 71)

Singleton Local Environmental Plan 1996 (Amendment No 72)

Singleton Local Environmental Plan 1996 (Amendment No 74)

Singleton Local Environmental Plan 1996 (Amendment No 81) -Sheet 5

"tourist facilities" means a building or place providing for holiday accommodation or recreation and may consist of or include a boat shed, boat landing facilities, a camping ground, a caravan park, holiday cabins, a hotel, a house boat, a marina, a motel, a playground, a refreshment room, water sport facilities or a club used in conjunction with any such building or place.
"transport terminal" means a building or place used as an airline terminal, a road transport terminal, a bus station or a bus depot.
"truck depot" means a building or place used for the servicing, repair and garaging of trucks and other vehicles used in a road transport undertaking, but does not include a road transport terminal.
"urban release area" means the area shown edged heavy black on sheet 1 of the map marked “ Singleton Local Environmental Plan 1996 (Amendment No 64) ”.
"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.

(2) In this plan:

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

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

(c) a reference to land within a zone is a reference to land shown on the map in the manner indicated in clause 15 as the means of identifying land of the zone so specified.

(3) In this plan, the following terms each have the same meaning as in the Act:
"complying development"
"designated development"
"exempt development"
"integrated development"
"local development"

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