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WYONG LOCAL ENVIRONMENTAL PLAN 1991 - REG 7
Definitions
7 Definitions
(1) In this plan:
"abattoir" means a building or place used for the slaughter of animals,
whether or not animal by-products are processed, manufactured or distributed,
and includes a knackery.
"acid sulfate soils" means actual or potential acid sulfate soils, as defined
in the Acid Sulfate Soils Assessment Guidelines .
"Acid Sulfate Soils Assessment Guidelines" means the Acid Sulfate Soils
Assessment Guidelines as published from time to time by the NSW Acid Sulfate
Soils Management Advisory Committee and adopted by the Director-General.
"Acid Sulfate Soils Planning Maps" means the series of maps (dated December
1997) produced by the then Department of Land and Water Conservation for the
purpose of identifying land affected by acid sulfate soils, and held at the
offices of Wyong Council.
"advertisement" means the display of symbols, messages or other devices from
promotional purposes or for conveying information, instructions, directions or
the like, whether or not the display includes the erection of a structure or
the undertaking of a work.
"aerodrome" has the meaning ascribed to it in the Air Navigation Regulations
made pursuant to the Air Navigation Act 1920 of the Commonwealth.
"agriculture" means the sustainable use of land for: (a) the cultivation of
fruit, vegetable or flower crops, or
(b) the keeping or breeding of
livestock, bees or poultry or other birds, or
(c) the cultivation of plants
in a wholesale plant nursery, for commercial purposes,
but, in the Table to
clause 10, does not include intensive agriculture.
"alter", in relation to a heritage item or to a building or work within a
conservation area, means: (a) make structural changes to the heritage item,
building or work, or
(b) make non-structural changes to the detail, fabric,
finish or appearance of the outside of the heritage item, building or work,
not including changes that merely maintain the existing detail, fabric, finish
or appearance of the outside of the heritage item, building or work.
"animal establishment" means a building or place used for the breeding,
boarding, training or keeping of, or for caring for, animals for commercial
purposes and includes a riding school.
"appointed day" means the day on which this plan takes effect.
"aquaculture" means the cultivation (including propagating and rearing) of the
living resources of the sea or inland waters, whether or not that cultivation
is carried out in a farm established for that purpose using an artificially
created body of water.
"archaeological site" means a site that contains either an Aboriginal place or
relic within the meaning of the National Parks and Wildlife Act 1974 or a
relic within the meaning of the Heritage Act 1977 .
"arterial road" means a road that carries through traffic from one area or
region to another, which may or may not be a classified road within the
meaning of the State Roads Act 1986 .
"boarding house" means a building or place: (a) where accommodation, meals and
laundry facilities are provided to the residents of the building or place, and
(b) which is not licensed to sell liquor under the Liquor Act 1982 .
"brothel" means any premises made available for the purposes of prostitution
by a person carrying on the business of providing prostitution services at the
premises and, for the purposes of this definition,
"prostitution" means the provision by a person, or persons, to or for another
person (whether or not of a different sex) of sexual services in return for
payment or other reward.
"building height map" means: (a) in relation to clauses 42B, 42C and 42CA, the
map marked “ Building Heights Map-Wyong Local Environmental Plan 1991
(Amendment No 118) ”, and
(b) in relation to clause 42E, the map marked “
Building Heights Map-Wyong Local Environmental Plan 1991 (Amendment No 147)
”.
"building products sales room or showroom" means a building or place used for
the display or sale of materials or goods used as fixed components of
residential construction.
"bulky goods sales room or showroom" means a building or place used for the
sale by retail or auction, the hire or display of items (whether goods or
materials) which 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.
"bushfire hazard reduction" means a reduction (by controlled burning or
mechanical or manual means) of material that constitutes a bushfire hazard
but, in the Table to clause 10, does not include a work elsewhere specifically
defined in this clause.
"caravan park" means land used as a site for moveable dwellings, including
tents and caravans or other vehicles used for temporary or permanent
accommodation or the erection, assembly or placement of cabins for temporary
accommodation of tourists.
"carparking station" means a building or place used for the purpose of
accommodating vehicles on payment of a fee or charge, but does not include:
(a) a parking space on a public road or public place for which a fee is
charged by way of a parking meter, or
(b) public car parking provided by the
Council, whether or not a fee is charged, or
(c) parking space required to be
provided in a building as a condition of development consent.
"child care centre" means a building or place used for the purpose of
supervising or caring for children which: (a) caters for 6 or more under
school age children, whether or not those children are related to the owner or
operator of the building or place, and
(b) may include an educational
function, and
(c) may operate for the purposes of gain,
but does not include
a building or place providing residential care for those children.
"clearing" means any one or more of the following: (a) cutting down, felling,
thinning, logging or removing native vegetation,
(b) killing, destroying,
poisoning, ringbarking, uprooting or burning native vegetation,
(c) severing,
topping or lopping branches, limbs, stems or trunks of native vegetation,
(d)
substantially damaging or injuring native vegetation in any other way.
"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.
"communications facility" means a building, structure, work or place used
primarily for the purposes of transmitting or receiving signals for the
purposes of communication, including radio masts, and towers, satellite disks
and the like.
"community facility" means a building or place owned or controlled by a public
authority or a body of persons which may provide for the physical, social,
cultural or intellectual development or welfare of the local community, but
does not include a building or place elsewhere specifically defined in this
clause.
"Council" means the Council of the Shire of Wyong.
"dam" means any artificial pond or barrier to constrain or retard water
movement.
"demolition", in relation to a heritage item, means the damaging, defacing,
destruction, pulling down or removal of the heritage item, building or work,
in whole or in part.
"Department" means the Department of Urban Affairs and Planning.
"depot" means a building or place used only for the storage (but not sale) of
any plant, machinery, materials or goods used or intended to be used by the
owner or occupier of the building or place, but does not include a building or
place elsewhere specifically defined in this clause.
"detached dual occupancy" means two dwelling-houses on one allotment of land.
"Director" means the Director-General of the Department of Urban Affairs and
Planning.
"drainage" means any activity which intentionally alters the hydrological
regime of any locality by facilitating the removal of surface or ground water.
It includes the construction, deepening, extending, opening, installation or
laying of any canal, drain or pipe, either in the locality or in such a manner
as to encourage drainage of an adjoining locality.
"dual occupancy building" means a building consisting of 2 dwellings on one
allotment of land.
"dwelling" means a room or number of rooms occupied or used, or so constructed
or adapted as to be capable of being occupied or used, as a separate domicile.
"dwelling-house" means a building containing one, but not more than one,
dwelling.
"education establishment" means a building or place used for education (such
as teaching) and includes: (a) a school, and
(b) a tertiary institution,
being a university, college of advanced education, teachers’ college,
technical college or other tertiary college providing a formal education, and
(c) an art gallery or museum, not used to sell the items it displays,
whether
or not it provides accommodation for staff and students and whether or not it
is operated for the purpose of gain.
"entertainment facility" means a building or place designed, equipped and used
for the purpose of sport, entertainment, exhibitions or displays, and
includes: (a) sports stadiums, showgrounds, race courses and the like, and
(b) theatres, cinemas, music halls, concert halls, open air theatres, and
drive-in theatres and the like.
"exempt vegetation management works" includes any one or more of the following
works: (a) the removal of any tree or native vegetation if, in the opinion of
the Council, the tree or native vegetation is dangerous,
(b) the removal of
any tree or native vegetation to facilitate emergency access by the Council or
another public authority,
(c) the removal of any tree or native vegetation
authorised under a bush fire hazard reduction certificate within the meaning
of the Rural Fires Act 1997 ,
(d) the removal of undesirable species.
"exhibition home" means a dwelling used for the display of that building to
the general public for business or commercial purposes.
"extractive industry" means: (a) development involving the winning or removal
of extractive material from land, or
(b) an industry or undertaking (other
than a mine) which depends for its operation on the winning or removal of
extractive material from 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.
"flood mitigation work" includes any work or other development which
intentionally or otherwise alters the characteristics of flood waters so as to
minimise or alter their level, location, volume, speed or timing. It includes
construction or enlargement of any fill, wall, levee or bund which will alter
surface drainage or tidal action.
"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" means the ratio of the gross floor area of a building to
the site area of the building.
"forestry" includes arboriculture, silviculture, and the destruction of trees
and shrubs for the purpose of: (a) afforestation, forest protection and
cutting, dressing and preparing (otherwise than in a sawmill) wood and other
forest products,
(b) establishing roads necessary for the removal of wood and
forest products, or
(c) forest protection.
"general store" means a shop which sells a variety of small consumer goods.
"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,
(b) lift towers, cooling towers, machinery and
plant rooms and ancillary storage space and vertical air-conditioning ducts,
(c) car parking needed to meet any requirements of the Council and any
internal designated vehicular or pedestrian access to the car parking, and
(d) space for the loading and unloading of goods.
"group home" means a dwelling (other than a transitional group home): (a) used
to provide a household environment for disabled persons or socially
disadvantaged persons, whether those persons are related or not, and
(b)
occupied by the persons referred to in paragraph (a) as a single household,
either with or without paid or unpaid supervision or care and with or without
payment for board and lodging being required.
"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 industry 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 the 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.
"heliport" means a place used for the taking off and landing of helicopters,
whether or not it includes: (a) a terminal building, or
(b) facilities for
the parking, storage or repair of helicopters.
"heritage item" means a building, work, relic, tree or place described in
Schedule 1 and shown edged heavy black on the heritage map.
"heritage item of local significance" means a heritage item classified by the
word “Local” in Column 2 of Schedule 1 opposite that item.
"heritage item of regional significance" means a heritage item classified by
the word “Regional” in Column 2 of Schedule 1 opposite that item.
"heritage item of State significance" means a heritage item classified by the
word “State” in Column 2 of Schedule 1 opposite that item.
"heritage map" means the series of maps marked “ Wyong Local Environmental
Plan 1991-Heritage ”, as amended by the maps (or, if any sheets of the maps
are specified, by the specified sheets of 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.
Wyong Local Environmental Plan 1991-Heritage
(Amendment No 144)
Wyong Local Environmental Plan 1991-Heritage (Amendment No
175)
"heritage significance" means historic, scientific, cultural, social,
archaeological, architectural, natural or aesthetic significance.
"home business" means a business, industry, occupation or profession carried
on within a dwelling or the curtilage of a dwelling by the permanent residents
of the dwelling, which does not involve: (a) interference with the amenity of
the locality in which the dwelling is situated by way of pollution or exposure
to unsightly matter,
(b) the display or sale of goods other than those
produced on the premises at which the home business is carried out,
(c) the
provision of any essential service main of a greater capacity than that
already available in the locality,
(d) more than one person other than the
permanent residents of the dwelling being employed,
(e) the generation of
traffic or a carparking demand, which would adversely affect the amenity of
the locality, or
(f) the exhibition of any advertisement or sign, other than
one exhibited on the dwelling or within the curtilage of the dwelling to
indicate the name and occupation of the resident and which would fit within a
rectangular figure 0.8 metres in length and 0.4 metres in breadth.
"home occupation" means the use of a dwelling or the curtilage of a dwelling
by the permanent residents of the dwelling for the purposes of an office or
business, which does not involve: (a) the registration of the building under
the Factories, Shops and Industries Act 1962 ,
(b) interference with the
amenity of adjoining properties or the locality in which the dwelling is
situated,
(c) the display or sale of goods other than those produced on the
premises at which the home occupation is carried out,
(d) the provision of
any essential service main of a greater capacity than that already available
in the locality,
(e) the generation of traffic or a carparking demand which
would adversely affect the amenity of the locality,
(f) persons other than
the permanent residents of the dwelling being employed in that use,
(g) the
exhibition of any advertisement or sign, other than one exhibited on the
dwelling or within the curtilage of the dwelling to indicate the name and
occupation of the resident and which would fit within a rectangular figure 0.8
metres in length and 0.4 metres in breadth, or
(h) the exposure to view from
any adjacent properties of any unsightly matter, or any raw material,
equipment, machinery, product or stored finished goods.
"hospital" means a building or place used for 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 restaurants, 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.
"hotel" means any premises specified or proposed to be specified in a
hotelier’s licence granted under the Liquor Act 1982 .
"housing for older persons or people with a disability" 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 in connection with that
accommodation,
(b) chapels,
(c) medical consulting rooms,
(d) meeting
rooms,
(e) recreational facilities,
(f) shops,
(g) therapy rooms,
(h) any
other facilities for the use or benefit of older persons or persons with a
disability.
"industry" means the manufacturing, assembling, altering, repairing,
renovating, ornamenting, finishing, cleaning, washing, dismantling, processing
or adapting of any goods or any articles, and excludes any other use elsewhere
specifically defined in this clause.
"intensive agriculture" means any form of agriculture which requires the
waste, including faeces, to be disposed of on land which is not simultaneously
used for the nurturing of livestock or poultry.
"large scale commercial premises" means a building or place, or part of a
building or place, which has a minimum gross floor area of 200m 2 and is used
for the purposes of an office or other business or commercial purposes by a
single occupancy, 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.
"large scale retail establishment" means a building or place, or part of a
building or place, which has a minimum gross floor area of 200m 2 and is used
for retail sales as a single retail outlet by an individual occupant, but does
not include such a building or place used for the purposes of: (a) a
supermarket or other foodstuffs or produce sales (excluding that sold by a
restaurant), and
(b) clothing sales or display (other than clothing essential
for sporting activity and sold in conjunction with sporting goods).
"light industry" means an industry in which the processes carried out, the
transportation involved, and the machinery or materials used, do not interfere
unreasonably with the amenity of the neighbourhood, but (in the Table to
clause 10) does not include a land use elsewhere specifically defined in this
clause.
"marina" means a pontoon, jetty, pier or the like, used to provide moorings
for boats used for pleasure or recreation, and includes: (a) slipways, and
(b) facilities for the repair, maintenance and fuelling of, or the provision
of accessories and parts for boats, or boating enthusiasts, and
(c)
facilities for the storage or provision of food.
"materials recycling depot" means a building or place used for the collecting,
dismantling, storing, abandoning or recycling of second hand or scrap
materials for the purpose of resale.
"medical centre" means a building or place used for the purpose of providing
professional health services (including preventative care, diagnosis, medical
or surgical treatment or counselling) to outpatients only, but does not
include a building or place elsewhere specifically defined in this clause.
"methadone clinic" means a building or place used for the purpose of providing
drug rehabilitation services, being the dispensing of methadone, requiring the
approval of the Director-General of the Department of Health under section 28A
of the Poisons Act 1966 and may also be used for preventative care, diagnosis,
medical treatment or counselling, but to outpatients only.
"mining" means the winning of any material to which the Mining Act 1992 or the
Petroleum (Onshore) Act 1991 applies and may include the storage and primary
processing of the material obtained.
"motel" means premises (not being a hotel) used for the temporary or
short-term accommodation of travellers.
"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 in
conjunction with the use.
"native vegetation" means any of the following types of indigenous vegetation:
(a) trees,
(b) understorey plants,
(c) groundcover,
(d) plants occurring in
a wetland.
"nutrient control facility" means any engineered work designed to remove
trash, nutrients or sediment from a drainage line.
"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 (including, for example,
measures to isolate the industry 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 on the locality or the existing or
likely future development on other land in the locality.
"palliative day care centre" means a building or a place used for the
counselling and therapy of terminally ill patients, whether or not the
families and carers of the terminally ill are also treated, but does not
include overnight accommodation for such persons.
"passenger transport terminal" means any building or place used for the
assembly and dispersal of passengers travelling by any form of passenger
transport.
"place of worship" means a building or place used for the purposes of
religious worship, whether or not the building or place is also used for
counselling, social events or religious training by a congregation or
religious group.
"plant hire establishment" means a building or place used for the display and
hire of machinery, tools or equipment which requires: (a) a large area for
handling or display, or
(b) direct vehicle access to the site of the building
or place for the purpose of loading or unloading the machinery, tools or
equipment, into or off vehicles, prior to or following their hire.
"plant nursery" means a building or place used for the propagation, growing
and selling by retail of plants, whether or not landscape supplies (including
earth products) and other landscape and horticultural products are also sold
there.
"potential archaeological site" means an area identified as a potential
“archaeological site” in a Development Control Plan adopted by the Council
for the time being.
"reception establishment" means a building or place used for the purpose of
wedding receptions or the like, and may or may not include a convention centre
or function rooms.
"recreation area" means: (a) a children’s playground,
(b) an area used for
sporting activities and sporting facilities,
(c) an area used by the Council
to provide recreation 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 for those persons,
but (in the Table to clause 10) does not
include a building or place elsewhere specifically defined in this clause.
"recreation facility" means a building or place designed, equipped and used
for indoor recreation, such as a billiard saloon, table tennis centre, squash
court, swimming pool, gymnasium, health studio, bowling alley and fun parlour,
whether used for the purpose of gain or not, but (in the Table to clause 10)
does not include anything elsewhere defined in this clause.
"registered club" means a building or place which is used by persons
associated, or by a body incorporated, for social, literary, political,
sporting, athletic or other lawful purposes and which is, or is intended to
be, registered under the Registered Clubs Act 1976 .
"relic" means any deposit, object or material evidence (terrestrial or
underwater and which may consist of human remains) relating to: (a) the use or
settlement of the area of Wyong, not being Aboriginal habitation, which is
more than 50 years old, or
(b) Aboriginal habitation of the area of Wyong
either before or after its occupation by persons of European extraction.
"residential flat building" means a building containing 3 or more dwellings.
"restaurant" means a building or place, the principal purpose of which is the
provision of food to people for consumption on the premises or via a
drive-through facility, or both.
"road" means any way or street open to the public for the passage of vehicles,
persons or animals.
"road transport terminal" means a building or place used mainly for the
temporary storage and bulk handling of goods for transport by road, including
facilities for the loading and unloading of vehicles used to transport those
goods and may include facilities for the parking, servicing and repair of
those vehicles, but does not include a warehouse.
"roadside stall" means a place or temporary structure used for selling by
retail agricultural produce produced on an adjacent allotment of land.
"rural industry" means a business activity involving: (a) the handling,
treating, processing or packing of primary products, or
(b) the regular
servicing or repairing of plant or equipment used for the purposes of
agriculture, aquaculture, or for the purposes of a business activity referred
to in paragraph (a).
"sawmill" means a mill handling, cutting and processing timber from logs or
baulks.
"self storage establishment" means a building or group of buildings operated
as a single entity which provides individual enclosed storage of non-hazardous
goods, merchandise or materials.
"service station" means a building or place used for the fuelling of motor
vehicles involving the sale by retail of petrol, oil or other petroleum
products whether or not the building or place is also used for any one or more
of the following purposes: (a) the hiring of trailers,
(b) the retail selling
or the installing of spare parts and accessories for motor vehicles,
(c)
washing and greasing of motor vehicles,
(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 or spray
painting), and
(e) the retail selling or hiring of small consumer goods.
"shop" means a building or place used for the purpose of the selling (whether
by retail or auction), hiring or displaying for the purpose of selling or
hiring of items (whether goods 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.
"site area", in relation to development, 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 plan or any other environmental planning instrument.
"stock and sale yard" means a building or place used for the purpose of
offering livestock or poultry for sale.
"the Act" means the Environmental Planning and Assessment Act 1979 .
"the map" means the map marked “ Wyong Local Environmental Plan 1991 ”, 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.
Wyong Local Environmental Plan 1991 (Amendment No 1)
Wyong Local Environmental Plan 1991 (Amendment No 2)
Wyong Local
Environmental Plan 1991 (Amendment No 3)
Wyong Local Environmental Plan 1991
(Amendment No 4)
Wyong Local Environmental Plan 1991 (Amendment No 5)
Wyong
Local Environmental Plan 1991 (Amendment No 6)
Wyong Local Environmental Plan
1991 (Amendment No 7)
Wyong Local Environmental Plan 1991 (Amendment No 9)
Wyong Local Environmental Plan 1991 (Amendment No 12)
Wyong Local
Environmental Plan 1991 (Amendment No 13)
Wyong Local Environmental Plan 1991
(Amendment No 14)
Wyong Local Environmental Plan 1991 (Amendment No 15)
Wyong Local Environmental Plan 1991 (Amendment No 16)
Wyong Local
Environmental Plan 1991 (Amendment No 18)
Wyong Local Environmental Plan 1991
(Amendment No 19)
Wyong Local Environmental Plan 1991 (Amendment No 23)
Wyong Local Environmental Plan 1991 (Amendment No 24)
Wyong Local
Environmental Plan 1991 (Amendment No 25)
Wyong Local Environmental Plan 1991
(Amendment No 27)
Wyong Local Environmental Plan 1991 (Amendment No 28)
Wyong Local Environmental Plan 1991 (Amendment No 29)
Wyong Local
Environmental Plan 1991 (Amendment No 30)
Wyong Local Environmental Plan 1991
(Amendment No 33)
Wyong Local Environmental Plan 1991 (Amendment No 34)
Wyong Local Environmental Plan 1991 (Amendment No 35)
Wyong Local
Environmental Plan 1991 (Amendment No 37)
Wyong Local Environmental Plan 1991
(Amendment No 38)
Wyong Local Environmental Plan 1991 (Amendment No 40)
Wyong Local Environmental Plan 1991 (Amendment No 41)
Wyong Local
Environmental Plan 1991 (Amendment No 42)
Wyong Local Environmental Plan 1991
(Amendment No 45)
Wyong Local Environmental Plan 1991 (Amendment No 47)
Wyong Local Environmental Plan 1991 (Amendment No 48)
Wyong Local
Environmental Plan 1991 (Amendment No 50)
Wyong Local Environmental Plan 1991
(Amendment No 51)
Wyong Local Environmental Plan 1991 (Amendment No 54)
Wyong Local Environmental Plan 1991 (Amendment No 55)
Wyong Local
Environmental Plan 1991 (Amendment No 56)
Wyong Local Environmental Plan 1991
(Amendment No 57)
Wyong Local Environmental Plan 1991 (Amendment No 61)
Wyong Local Environmental Plan 1991 (Amendment No 63)
Wyong Local
Environmental Plan 1991 (Amendment No 66)
Wyong Local Environmental Plan 1991
(Amendment No 69)
Wyong Local Environmental Plan 1991 (Amendment No 70)
Wyong Local Environmental Plan 1991 (Amendment No 71)
Wyong Local
Environmental Plan 1991 (Amendment No 73)
Wyong Local Environmental Plan 1991
(Amendment No 75)
Wyong Local Environmental Plan 1991 (Amendment No 76)
Wyong Local Environmental Plan 1991 (Amendment No 77) -Sheet 1
Wyong Local
Environmental Plan 1991 (Amendment No 78)
Wyong Local Environmental Plan 1991
(Amendment No 80)
Wyong Local Environmental Plan 1991 (Amendment No 82)
Wyong Local Environmental Plan 1991 (Amendment No 84)
Wyong Local
Environmental Plan 1991 (Amendment No 85)
Wyong Local Environmental Plan 1991
(Amendment No 87)
Wyong Local Environmental Plan 1991 (Amendment No 89)
Wyong Local Environmental Plan 1991 (Amendment No 90)
Wyong Local
Environmental Plan 1991 (Amendment No 92)
Wyong Local Environmental Plan 1991
(Amendment No 93)
Wyong Local Environmental Plan 1991 (Amendment No 94)
Wyong Local Environmental Plan 1991 (Amendment No 96)
Wyong Local
Environmental Plan 1991 (Amendment No 98)
Wyong Local Environmental Plan 1991
(Amendment No 100)
Wyong Local Environmental Plan 1991 (Amendment No 102)
Wyong Local Environmental Plan 1991 (Amendment No 103)
Wyong Local
Environmental Plan 1991 (Amendment No 104)
Wyong Local Environmental Plan
1991 (Amendment No 105)
Wyong Local Environmental Plan 1991 (Amendment No
106)
Wyong Local Environmental Plan 1991 (Amendment No 107)
Wyong Local
Environmental Plan 1991 (Amendment No 109)
Wyong Local Environmental Plan
1991 (Amendment No 110)
Wyong Local Environmental Plan 1991 (Amendment No
111)
Wyong Local Environmental Plan 1991 (Amendment No 112) -Sheet 1
Wyong
Local Environmental Plan 1991 (Amendment No 114)
Wyong Local Environmental
Plan 1991 (Amendment No 115)
Wyong Local Environmental Plan 1991 (Amendment
No 116)
Wyong Local Environmental Plan 1991 (Amendment No 117)
Wyong Local
Environmental Plan 1991 (Amendment No 118)
Wyong Local Environmental Plan
1991 (Amendment No 119)
Wyong Local Environmental Plan 1991 (Amendment No
120)
Wyong Local Environmental Plan 1991 (Amendment No 121)
Wyong Local
Environmental Plan 1991 (Amendment No 123)
Wyong Local Environmental Plan
1991 (Amendment No 125)
Wyong Local Environmental Plan 1991 (Amendment No
127)
Wyong Local Environmental Plan 1991 (Amendment No 128)
Wyong Local
Environmental Plan 1991 (Amendment No 129)
Wyong Local Environmental Plan
1991 (Amendment No 131)
Wyong Local Environmental Plan 1991 (Amendment No
134)
Wyong Local Environmental Plan 1991 (Amendment No 135)
Wyong Local
Environmental Plan 1991 (Amendment No 137)
Wyong Local Environmental Plan
1991 (Amendment No 138)
Wyong Local Environmental Plan 1991 (Amendment No
139)
Wyong Local Environmental Plan 1991 (Amendment No 142)
Wyong Local
Environmental Plan 1991 (Amendment No 146)
Wyong Local Environmental Plan
1991 (Amendment No 147)
Wyong Local Environmental Plan 1991 (Amendment No
149)
Wyong Local Environmental Plan (Amendment No 154)
Wyong Local
Environmental Plan 1991 (Amendment No 155)
Wyong Local Environmental Plan
1991 (Amendment No 156)
Wyong Local Environmental Plan 1991 (Amendment No
159)
Wyong Local Environmental Plan 1991 (Amendment No 163)
Wyong Local
Environmental Plan 1991 (Amendment No 171)
Wyong Local Environmental Plan
1991 (Amendment No 174)
Wyong Local Environmental Plan 1991 (Amendment No
175) -Sheets 1-3
Wyong Local Environmental Plan 1991 (Amendment No 176)
"tourist accommodation" means a building or buildings substantially used for
the temporary accommodation of tourists, visitors and travellers which may
have facilities for the convenience of patrons such as restaurants, convention
areas and the like but does no 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.
"toxic waste incinerator" means a facility used for the disposal of toxic
materials, including
"intractable waste" as defined by the Waste Recycling and Processing Service
Act 1970 , by means of incineration or other methods of high temperature
treatment.
"transitional group home" means a dwelling: (a) which is used to provide
temporary accommodation, for the purpose of relief for, or rehabilitation of,
disabled persons or socially disadvantaged persons, whether or not those
persons are related, and
(b) which is occupied by the persons referred to in
paragraph (a) as a single household, with or without paid or unpaid
supervision or care and with or without payment for board and lodging being
required,
but does not include a group home or a building to which State
Environmental Planning Policy No 5-Housing for Aged or Disabled Persons
applies.
"transport depot" means a building or place used for the parking, storage or
garaging of motor powered or motor drawn vehicles used in connection with a
passenger transport undertaking, business, industry or shop and may also be
used for the routine servicing or repair of those vehicles.
"tree" means a perennial plant with at least one self-supporting woody or
fibrous stem, being of any species, whether indigenous, exotic or introduced
which: (a) is 3 metres or more in height, or
(b) has a diameter of 75
millimetres or more measured at 1.4 metres above ground level, or
(c) is a
cycad or mangrove that is indigenous to or is recorded by the Council as
having special significance to the area of Wyong, irrespective of its
dimensions.
"undesirable species" means plants that have characteristics which may lead to
poisoning, weed infestation, brittle and dangerous wood, excessive spread of
roots or bushland invasion as specified in any development control plan
adopted by the Council for the purposes of vegetation management.
"urban zones" means land in Zone No 2 (a), 2 (b), 2 (c), 2 (d), 2 (g), 3 (a),
3 (c), 3 (d), 4 (a), 4 (b), 4 (d), 4 (e), 5 (a), 5 (b), 5 (c) or 5 (d).
"utility installation" means a building or work used for a public utility
undertaking.
"utility undertaking" means any undertaking carried out or carried on by, or
under the authority of, any government department or in pursuance of any
Commonwealth or State Act, for the purpose of: (a) railway, road, water or air
transport, or wharf or river undertakings, or
(b) the provision of sewerage
or drainage services, or
(c) the supply of water, hydraulic power,
electricity or gas, or
(d) communications facilities, or
(e)
telecommunications facilities,
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.
"vehicle body repair workshop" means a building or place used for the repair
of vehicles, agricultural machinery or other motorised plant and equipment,
involving body building, panel beating or spray painting.
"vehicle repair station" means a building or place used for the purpose of
carrying out repairs to, or the selling and fitting of accessories for,
vehicles, agricultural machinery or other motorised plant and equipment, but
(in the Table to clause 10) does not include a building or place elsewhere
defined in this clause.
"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 purposes of treatment.
"warehouse" means a building or place used mainly for storing or handling
goods, merchandise or materials pending their sale and distribution, but (in
the Table to clause 10) does not include a building or place elsewhere
specifically defined in this clause.
(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 clause 10 is a reference to land
shown on the map in the manner indicated in clause 9 as the means of
identifying land of the zone so specified.
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