New South Wales Consolidated Regulations

WINGECARRIBEE LOCAL ENVIRONMENTAL PLAN 1989 - REG 5

5 Definitions

(1) In this plan:
"AHD" means Australian Height Datum within the meaning of the Surveying Act 2002 .
"appointed day" means the day on which this plan takes effect.
"archaeological site" means the site of one or more relics.
"arterial road" means any existing road indicated on the map by a continuous blue line between firm black lines.
"artificial waterbody" means a body of water created by the carrying out of a work.
"automotive business" means a building or place used for any one or more of the following purposes:

(a) auto-electrician’s workshop,

(b) auto spare parts sales,

(c) car repair station,

(d) service station,

(e) tyre sales and repair and battery sales.

"bed and breakfast establishment" means a dwelling-house used for the ancillary purpose of providing overnight accommodation for not more than six paying guests or lodgers (exclusive of the proprietor and family) upon the premises at any one time.
"bulky goods" includes furniture, camping equipment, building industry supplies, large electrical appliances and the like, but does not include food and clothing goods.
"cluster housing" means development carried out in accordance with clause 18.
"commercial garden" means a garden which is open to inspection by the public on an ongoing and commercial basis, whether or not refreshments, lectures or demonstrations are provided, or plants, horticultural products or associated goods are sold, at the garden.
"community facilities" means a building or place owned or controlled by the council, a public authority or a body of persons associated for the physical, social, cultural, economic or intellectual welfare of the local community, which may include:

(a) a public library, rest-rooms, meeting rooms or facilities comprising or relating to recreation, child minding (including care and ancillary education), cultural activities, social functions or like purposes, or

(b) a local community club, being a building or place used by persons sharing like interests, but not including a registered club within the meaning of the Registered Clubs Act 1976 ,

whether or not that building or place is also used for another purpose.
"conservation management plan" means a document prepared in accordance with the requirements of the Heritage Office that establishes the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
"council" means the Council of the Shire of Wingecarribee.
"demolish" a heritage item, or a building, work or archaeological site, tree or place within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item or building, work, archaeological site, tree or place.
"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).

"dog breeding" means the keeping or kennelling, or both, of dogs with a litter of pups occurring from those dogs, but does not include the keeping or kennelling of up to 2 dogs with pups from the litter being kept for a period not exceeding 12 weeks from the birth date of the pups.
"dual occupancy" means 2 dwellings (whether attached or detached) on one lot of land.
"educational establishment" means a building used for the primary purpose of education and may include 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.
"exhibition garden" means a private garden associated with a dwelling-house, that is open for inspection by the public:

(a) in the case of an exhibition garden on land located in Zone No 1 (a), 1 (b), 1 (c), 5 (c), 7 (a) or 7 (b)-for more than 21 days but not more 120 days each year, or

(b) in the case of an exhibition garden on land located in Zone No 2 (a), 2 (a1), 2 (a2), 2 (b) or 2 (c)-for more than 21 days but not more than 60 days each year,

whether or not information concerning the garden is provided at the garden.
"floor space", in relation to a building, includes all wall thicknesses, but does not include:

(a) any car parking space in the building provided to meet the standards required by the council (other than car parking spaces provided in excess of those standards) or any internal access to any such car parking space,

(b) space used for the loading or unloading of goods,

(c) lift towers, cooling towers, machinery or plant rooms or any related storage space, or

(d) any ducts, vents, staircases or lift wells.

"ground level", in relation to a site, means the actual physical level of the site prior to commencement of any construction work on the site.
"height", in relation to a building, means the distance measured vertically between the topmost point of the building at any part of the building (not being a vent, chimney, lift tower or other service installation) and the ground level immediately below that point.
"heritage conservation area" means an area of land shown on the map distinctively edged with a heavy black broken line and designated “Anglewood Conservation Area”, “Berrima Conservation Area”, “Bowral Conservation Area”, “Bowral Landscape Conservation Area”, “Maltings Conservation Area” or “Mittagong Conservation Area”, 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 of a building, work, archaeological site, tree or place within a heritage conservation area, an assessment of the impact that proposed development will have on that significance and proposals for measures to minimise that impact.
"heritage item" means:

(a) a building, work, archaeological site or place specified in an inventory of heritage items that is available at the office of the council and the site of which is described in Schedule 2, 3 or 4 and shown by a black triangle on the map, or

(b) a place described as a place of Aboriginal heritage significance in the Aboriginal Heritage Information System maintained by the Department of Environment and Conservation.

"heritage significance" means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
"home enterprise" means an enterprise carried on in a building (other than a dwelling-house or a residential flat building) in compliance with the following requirements:

(a) the building is not to occupy a floor space exceeding 100 square metres and is to be erected within the curtilage of a building containing a dwelling occupied by the person carrying on the enterprise,

(b) the enterprise is to be carried on, on a site with a minimum allotment size of 2,000 square metres,

(c) the industry, business or other commercial use that comprises the enterprise must not:

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

(ii) involve exposure to view from any adjacent premises or any public place of any unsightly matter including any work, display or storage associated with the enterprise, or

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

(d) all the activities of the enterprise are to be conducted within an enclosed building,

(e) at least 3 car parking spaces are to be provided on the land on which the enterprise is being carried on,

(f) at least one of the residents of the associated dwelling is to be employed in the enterprise,

(g) the retailing of products is to be ancillary to the main activity of the enterprise and is generally to relate only to those items produced on the on the site of the enterprise or associated with the main activity of the enterprise.

"hostel" means premises that are generally staffed by social workers or support providers and at which:

(a) residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and

(b) cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.

"hydrological catchment" has the same meaning as in Drinking Water Catchments Regional Environmental Plan No 1 .
"local rural industry" means:

(a) in the case of a winery, the processing of wine from grapes grown substantially in the vineyard where the winery operates, and from predominantly locally grown other grapes, and may include the sale of such wine at the winery, and

(b) in any other case, the handling, treating, processing or packaging of predominantly locally grown or produced primary agricultural or horticultural products, and may include the sale of such products, but only in the circumstance where those products are sold from premises located on the land where the products are substantially grown or produced,

but does not include the production of products at wool scours, abattoirs, knackeries, rabbit killing works, poultry processing establishments or other livestock processing works.
"maintenance" means the ongoing protective care of a heritage item or a building, work, archaeological site, tree or place within a heritage conservation area. It does not include alterations, such as carrying out extensions or additions, or the introduction of new materials or technology.
"motor showroom" means a building or place used for the display or sale of motor vehicles, motor bikes, caravans, boats, tractors or agricultural equipment whether or not accessories are also sold.
"multi dwelling housing" means 3 or more dwellings (whether attached or detached) on one lot of land.
"multiple occupancy development" means development carried out in accordance with clause 16.
"place of Aboriginal heritage significance" means:

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

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

"plant nursery" means a building or place used for the growing and wholesale and retail selling of plants, whether or not ancillary products are also sold.
"potential archaeological site" means a site:

(a) that is specified in an inventory of heritage items available at the office of the council, described in the inventory as a potential archaeological site and shown on the map by a blue triangle, or

(b) that, in the opinion of the consent authority, 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 an inventory of heritage items available at the office of the council and described in the inventory as a potential place of Aboriginal heritage significance, or

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

"public utility infrastructure", in relation to an urban release area, includes infrastructure for any of the following:

(a) the supply of water,

(b) the supply of electricity,

(c) the supply of gas,

(d) the disposal and management of sewage.

"recreation area" means:

(a) a children’s playground,

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

(c) an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:

(i) the council, or

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

but does not include a racecourse or showground.
"recreation garden" means a private garden associated with a dwelling-house, that is open for inspection by the public for a maximum of 21 days each year, whether or not information concerning the garden is provided at the garden.
"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 Wingecarribee 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 Wingecarribee.

"renovation", in relation to a building or work, means:

(a) the making of structural changes to the outside of the building or work, or

(b) the making of non-structural changes to the fabric or appearance of the outside of the building or work, including changes that involve the repair or the painting, plastering or other decoration of the outside of the building or work.

"residential care facility" means accommodation for seniors (people aged 55 years or more) or people with a disability that includes:

(a) meals and cleaning services, and

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

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

not being a dwelling, hospital or psychiatric facility.
"road transport depot" means a building or place used for the parking of not more than 3 transport vehicles at any one time which are used for the purpose of a road transport undertaking, and where servicing or repair of vehicles undertaken on the site is of a minor nature.
"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.
"shop top housing" means mixed use development comprising one or more dwellings located above (or otherwise attached to) ground floor shops or commercial premises.
"showroom" means a building or place (other than a motor showroom) used for the display or sale of industrial equipment, heavy vehicles, agricultural equipment and the like whether or not accessories are also sold.
"stable" means a building or place used to receive, maintain or keep a horse, whether or not for the purpose of gain.
"storey" means the space in a building between any floor and the floor next above, or, if there is no floor above, the ceiling or roof above, and includes space used for parking and storage.
"the map" means the map marked “ Wingecarribee Local Environmental Plan 1989 ”, as amended by the 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.

Wingecarribee Local Environmental Plan 1989 (Amendment No 2)

Wingecarribee Local Environmental Plan 1989 (Amendment No 5)

Wingecarribee Local Environmental Plan 1989 (Amendment No 6)

Wingecarribee Local Environmental Plan 1989 (Amendment No 10)

Wingecarribee Local Environmental Plan 1989 (Amendment No 12)

Wingecarribee Local Environmental Plan 1989 (Amendment No 13)

Wingecarribee Local Environmental Plan 1989 (Amendment No 14)

Wingecarribee Local Environmental Plan 1989 (Amendment No 15)

Wingecarribee Local Environmental Plan 1989 (Amendment No 16)

Wingecarribee Local Environmental Plan 1989 (Amendment No 18)

Wingecarribee Local Environmental Plan 1989 (Amendment No 19)

Wingecarribee Local Environmental Plan 1989 (Amendment No 20)

Wingecarribee Local Environmental Plan 1989 (Amendment No 21)

Wingecarribee Local Environmental Plan 1989 (Amendment No 22)

Wingecarribee Local Environmental Plan 1989 (Amendment No 23)

Wingecarribee Local Environmental Plan 1989 (Amendment No 27)

Wingecarribee Local Environmental Plan 1989 (Amendment No 28)

Wingecarribee Local Environmental Plan 1989 (Amendment No 29)

Wingecarribee Local Environmental Plan 1989 (Amendment No 31)

Wingecarribee Local Environmental Plan 1989 (Amendment No 33)

Wingecarribee Local Environmental Plan 1989 (Amendment No 35)

Wingecarribee Local Environmental Plan 1989 (Amendment No 37)

Wingecarribee Local Environmental Plan 1989 (Amendment No 39)

Wingecarribee Local Environmental Plan 1989 (Amendment No 40)

Wingecarribee Local Environmental Plan 1989 (Amendment No 42)

Wingecarribee Local Environmental Plan 1989 (Amendment No 45)

Wingecarribee Local Environmental Plan 1989 (Amendment No 46)

Wingecarribee Local Environmental Plan 1989 (Amendment No 47)

Wingecarribee Local Environmental Plan 1989 (Amendment No 48)

Wingecarribee Local Environmental Plan 1989 (Amendment No 55)

Wingecarribee Local Environmental Plan 1989 (Amendment No 58)

Wingecarribee Local Environmental Plan 1989 (Amendment No 59)

Wingecarribee Local Environmental Plan 1989 (Amendment No 60)

Wingecarribee Local Environmental Plan 1989 (Amendment No 61)

Wingecarribee Local Environmental Plan 1989 (Amendment No 64)

Wingecarribee Local Environmental Plan 1989 (Amendment No 67)

Wingecarribee Local Environmental Plan 1989 (Amendment No 73)

Wingecarribee Local Environmental Plan 1989 (Amendment No 74)

Wingecarribee Local Environmental Plan 1989 (Amendment No 76)

Wingecarribee Local Environmental Plan 1989 (Amendment No 80)

Wingecarribee Local Environmental Plan 1989 (Amendment No 81)

Wingecarribee Local Environmental Plan 1989 (Amendment No 82)

Wingecarribee Local Environmental Plan 1989 (Amendment No 83)

Wingecarribee Local Environmental Plan 1989 (Amendment No 84) -Sheet 1

Wingecarribee Local Environmental Plan 1989 (Amendment No 85)

Wingecarribee Local Environmental Plan 1989 (Amendment No 87)

Wingecarribee Local Environmental Plan 1989 (Amendment No 88)

Wingecarribee Local Environmental Plan 1989 (Amendment No 90)

Wingecarribee Local Environmental Plan 1989 (Amendment No 91)

Wingecarribee Local Environmental Plan 1989 (Amendment No 94)

Wingecarribee Local Environmental Plan 1989 (Amendment No 95)

Wingecarribee Local Environmental Plan 1989 (Amendment No 96)

Wingecarribee Local Environmental Plan 1989 (Amendment No 99)

Wingecarribee Local Environmental Plan 1989 (Amendment No 101)

Wingecarribee Local Environmental Plan 1989 (Amendment No 102)

Wingecarribee Local Environmental Plan 1989 (Amendment No 105)

Wingecarribee Local Environmental Plan 1989 (Amendment No 106)

Wingecarribee Local Environmental Plan 1989 (Amendment No 107)

Wingecarribee Local Environmental Plan 1989 (Amendment No 109)

Wingecarribee Local Environmental Plan 1989 (Amendment No 112)

Wingecarribee Local Environmental Plan 1989 (Amendment No 117)

Wingecarribee Local Environmental Plan 1989 (Amendment No 118)

Wingecarribee Local Environmental Plan 1989 (Amendment No 122) -Sheet 2

Wingecarribee Local Environmental Plan 1989 (Amendment No 124)

Wingecarribee Local Environmental Plan 1989 (Amendment No 125)

Wingecarribee Local Environmental Plan 1989 (Amendment No 126)

"truck parking" means the parking of more than one transport vehicle on a site but does not involve the loading, unloading or storage of those goods laden on the vehicle or the servicing of the vehicle on the site.
"urban release area" means the land shown edged heavy black and hatched on the map marked “ Wingecarribee Local Environmental Plan 1989 (Amendment No 126) ”.

(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,

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

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

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