New South Wales Consolidated Regulations

WOLLONDILLY LOCAL ENVIRONMENTAL PLAN 1991 - REG 6

6 Definitions

(1) In this plan:
"abattoir" has the same meaning as in the Meat Industry Act 1978 .
"alter", in relation to a heritage item or to a building or work within a heritage conservation area, means:

(a) make structural changes to the outside of 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 in the form of the maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item, building or work.

"amusement centre" means commercial premises predominantly used for the purposes of playing:

(a) billiards, pool or other like games, or

(b) electrically or mechanically operated amusement devices such as pinball machines.

"animal boarding or training establishment" means a place at which the commercial boarding, breeding, keeping, maintaining, receiving or training of animals or birds is carried on.
"appointed day" means the day on which this plan takes effect.
"arterial road" means a road declared as a main road under the State Roads Act 1986 .
"bed and breakfast establishment" means a dwelling-house used by its permanent residents (including the owner) to provide short term paid accommodation (which may include meals) and includes ancillary buildings within the curtilage of the dwelling-house.
"caravan park" means a property used for the placement of caravans (or other movable dwellings) to such an extent that, by the operation of section 289F of the Local Government Act 1919 , a licence is required.
"cattle feedlot" means a confined yard area with watering and feeding facilities where cattle are completely hand or mechanically fed for the purposes of production, but does not include an opportunity feedlot.
"community titles subdivision" means subdivision carried out in accordance with the Community Land Development Act 1989 .
"council" means the Council of the Shire of Wollondilly.
"dam" means an area of land excavated or otherwise transformed so as to be used for the storage of water.
"demolition", in relation to a heritage item or to a building or work within a heritage conservation area, means the damaging, defacing, destruction, pulling down or removal of the heritage item, building or work, in whole or in part.
"earth moving establishment" means a building or place used for the storage of earth moving equipment, including facilities for the parking, servicing and repair of that equipment but does not include a building or place used for the sale of goods.
"environmental protection works" includes works such as weed removal, pollution control devices, riparian rehabilitation and the like.
"environmentally significant land map" means the map marked “ Wollondilly Local Environmental Plan 1991 Environmentally Significant Land Map ” as amended by the maps (or specified sheets of the maps) marked as follows:

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.

Wollondilly Local Environmental Plan 1991 (Amendment No 56)

"extractive material" means sand, gravel, clay, soil, rock, stone or any other similar substance but does not include turf or any sand, soil or other material remaining attached to turf after the extraction of turf is carried out.
"granny flat" means the smaller of two dwellings in the curtilage of a dwelling-house, being a dwelling the gross floor area of which is no greater than 60 square metres and where at least one of the dwellings is occupied by the owner of the allotment on which the dwellings stand.
"heritage conservation area" means a place of heritage significance being the land shown bound by a broken black line with black hatching and marked “Heritage Conservation Area” on the map.
"heritage item" means a building, work, relic, tree, or place of heritage significance to the Shire of Wollondilly described in Schedule 1.
"heritage significance" means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
"highway service centre" means a development which has direct access to a freeway or restricted access highway and contains the following, namely facilities for the sale of petrol and diesel fuel, toilets, restaurant facilities, adequate parking for cars, buses and trucks and limited emergency repair facilities (and at which towing facilities may be provided).
"home activity" means an activity or pursuit carried on for personal gain in a building or room or a number of rooms forming part of, attached to or within the curtilage of, a dwelling-house or in a dwelling in a multiple dwelling where the activity or pursuit does not:

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

(b) involve exposure to view from any public place of any unsightly matter, or

(c) require the provision of an essential service main of a greater capacity than that available in the locality, or

(d) involve the employment of persons other than residents of the dwelling-house or dwelling, or

(e) occupy an area greater than 50 square metres including any space used for storage, or

(f) involve the exhibition of any notice, advertisement or sign (other than a notice or sign advertising the home activity having a maximum area of 0.5m 2, situated on the property where the home activity is located indicating only the name of the person occupying the property and the use being carried out there), or

(g) give rise to traffic levels out of keeping with those in the vicinity, or

(h) involve the carrying out of repairs to motor vehicles or agricultural machinery (including body building, panel beating and spray painting), or

(i) involve retailing from the site.

"home occupation" means an occupation, not being a home activity, carried on for personal gain in a dwelling-house or in a dwelling in a multiple dwelling, 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 more than one person other than permanent residents of the dwelling-house,

(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, grit or 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 or sign advertising the home occupation having a maximum area of 0.5sqm, situated on the property where the home occupation is located indicating only the name of the person occupying the property and the use being carried out there),

(f) traffic or parking levels out of keeping with those in the vicinity, or

(g) retailing from the site.

"intensive horticulture" means the growing of plants, whether undercover or in the open, where the application of water and fertiliser is significantly above that naturally occurring and the activity:

(a) occupies greater than 1 hectare, or

(b) is, in the opinion of the consent authority, likely to have a significant impact on water quality,

and includes the growing of vegetables, flowers, ornamental plants and orcharding, except for produce grown for personal household consumption or enjoyment.
"intensive livestock keeping establishment" means a building or place in which or on which livestock are held for the purpose of nurturing by a feeding method other than natural grazing and, without limiting the generality of the foregoing includes:

(a) poultry farms, and

(b) buildings and places used for aquaculture (including the farming of crustaceans), and

(c) horse training and boarding establishments, and

(d) piggeries,

but does not include a building or place used for the keeping of livestock intended solely for personal consumption or enjoyment by the owner or occupier of the building or place.
"land filling operation" means any work or other activity on land for any purpose which has the effect of materially altering the shape or natural form of the land.
"light service industry" means a light industry primarily intended for the provision of mechanical, automotive or industrial servicing and repairing.
"maintenance" means the continuous protective care of the fabric of an item and its setting.
"multiple dwelling" means two or more dwellings on an allotment of land, but does not include a dwelling-house that contains a granny flat.
"opportunity feedlot" means a part of a paddock which is separately fenced for a limited period of time, being a part in which animals are fed by a method other than by grazing, where that use has the potential to result in land degradation or another detrimental impact.
"plant and equipment hire" means a building or place used to hire out tools, plant and equipment used by builders and do-it-yourselfers and for the service and maintenance of the tools, plant and equipment. It includes a building or place used for the hire of party/function equipment which requires a large area for handling and storage and easy and direct vehicular access for collection of party/function hire equipment by customers.
"poultry processing plant" means a building or place used for or in connection with the carrying on of a process within the meaning of the Poultry Processing Act 1969 .
"produce store" means a shop used for the sale of stock feed only.
"recreation area" means:

(a) a children’s playground,

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

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

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

but does not include a racecourse or showground.
"relic" means any deposit, object or material evidence (terrestrial or underwater) relating to the use or settlement of the Shire of Wollondilly which is 50 or more years old.
"renovation", in relation to a building or work, means the making of 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.
"reticulated sewerage scheme" means a system of trunks, mains and sewerage pumping systems used to transport sewerage from premises to treatment plants.
"service station" means a building or place used for the fuelling of motor vehicles and for the sale by retail of petrol, oil or other petroleum products, whether or not the building or place is also used for 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) the washing and greasing of motor vehicles,

(d) the repairing or servicing of motor vehicles (other than body building, panel beating or spray painting),

(e) the retail selling or hiring of small consumer goods.

"stable" means a building or place used to receive, maintain or keep a horse or horses, or the purpose of gain.
"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.

"telecommunications network" means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided (or both) electromagnetic energy.
"timber yard" means a place used specifically for the cutting, processing, retailing, wholesaling or storage of timber and timber products.
"the map" means sheets 2, 3, 6, 8, 9, 10 and 11 of the map marked “ Wollondilly Local Environmental Plan 1991 ” as amended by the maps (or specified sheets of the maps) marked as follows:

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.

Sydney Regional Environmental Plan No 27-Wollondilly Regional Open Space

Wollondilly Local Environmental Plan 1991 (Amendment No 2), sheets 1, 4, 5 and 7

Wollondilly Local Environmental Plan 1991 (Amendment No 3-Menangle Urban Conservation Area)

Wollondilly Local Environmental Plan 1991 (Amendment No 4)

Wollondilly Local Environmental Plan 1991 (Amendment No 6-South Menangle)

Wollondilly Local Environmental Plan 1991 (Amendment No 7)

Wollondilly Local Environmental Plan 1991 (Amendment No 8)

Wollondilly Local Environmental Plan 1991 (Amendment No 11)

Wollondilly Local Environmental Plan 1991 (Amendment No 13)

Wollondilly Local Environmental Plan 1991 (Amendment No 15)

Wollondilly Local Environmental Plan 1991 (Amendment No 19)

Wollondilly Local Environmental Plan 1991 (Amendment No 20) -Sheets 5, 7, 8, 10 and 11

Wollondilly Local Environmental Plan 1991 (Amendment No 25)

Wollondilly Local Environmental Plan 1991 (Amendment No 26)

Wollondilly Local Environmental Plan 1991 (Amendment No 37)

Wollondilly Local Environmental Plan 1991 (Amendment No 42)

Wollondilly Local Environmental Plan 1991 (Amendment No 52)

Wollondilly Local Environmental Plan 1991 (Amendment No 56)

Wollondilly Local Environmental Plan 1991 (Amendment No 59)

Wollondilly Local Environmental Plan 1991 (Amendment No 71)

"turf farming" means the cultivation, harvesting and sale of turf.
"veterinary establishment" means a building or place used for the treatment and hospitalisation of animals and that requires registration under the Veterinary Surgeons Act 1986 .

(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 specified in the Table to clause 10 is a reference to land shown on the map in the manner identified in clause 9 as the means of identifying land of the zone so specified.