New South Wales Consolidated Regulations

WEDDIN LOCAL ENVIRONMENTAL PLAN 2002 - REG 7

7 Definitions

(1) In this plan:
"abattoir" means a building or place used for the slaughter of animals or for the processing of animal carcasses or by products, but does not include a butcher shop.
"agricultural machinery showroom" means a building or place used for the display and sale of agricultural machinery, whether or not agricultural machinery accessories are also displayed or sold there.
"agriculture" means the cultivation of crops and the keeping or breeding of livestock, bees or poultry for commercial purposes, but (in Part 2) does not include the use of feedlots or piggeries, intensive animal establishments or intensive horticultural establishments, or other land uses specifically defined in this plan.
"alter", in relation to a heritage item, means:

(a) the making of structural changes to the outside of the heritage item, or

(b) the making of non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, not including maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item.

"animal establishment" means a place or building used for breeding, boarding, training or keeping, or caring for, animals for commercial purposes and includes trotting tracks, riding schools, kennels and catteries.
"appointed day" means 1 January 1977.
"arterial road" means any existing road shown on the map by heavy broken black lines.
"bed and breakfast establishment" means a dwelling which provides overnight accommodation for tourists.
"brothel" means a building or place used for prostitution by one or more persons.
"bushfire hazard reduction" means the removal of vegetation in accordance with a fire risk management plan approved in accordance with the provisions of the Rural Fires Act 1997 .
"caravan park" means land on which caravans (including moveable dwellings) are placed or erected.
"commercial sign" means an advertisement, whether illuminated or not, which:

(a) does not exceed one square metre in area, and

(b) in respect of any place or premises to which it is affixed, contains only:

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

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

(iii) particulars of any occupation carried on at the place or premises, or

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

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

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

(vii) particulars of any activities held or to be held at the place or premises.

"community centre" means a building or place used for the purpose of providing facilities comprising or relating to any one or more of the following:

(a) a public library,

(b) public health services,

(c) rest rooms,

(d) meeting rooms,

(e) indoor recreation,

(f) child minding facilities,

or used for any other like purpose.
"Council" means Weddin Shire Council.
"craft establishment" means a building or place used for the manufacture of crafts or the sale of crafts made on the premises to the public.
"demolition", in relation to a heritage item, means the damaging, defacing, destruction, pulling down or removal of the heritage item, in whole or in part.
"designated development" has the same meaning as in the Act.
"development control table" means the Table to clause 10.
"dual occupancy" means two dwellings, either attached or detached, on the one allotment of land.
"ecologically sustainable development" means using, conserving and enhancing the community’s resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased.
"environmentally sensitive land" means land identified as class VII or VIII, or land with a slope greater than 18 degrees, on a map prepared by the Department of Land and Water Conservation, a copy of which is deposited in the office of the Council.
"existing holding" means:

(a) except as provided by paragraph (b), the area of a lot, portion or parcel as it was on the appointed day, as reduced by:

(i) any subsequent subdivision for the purpose of a boundary adjustment, and

(ii) any area of the land subsequently excised for a public purpose, or

(b) where, on the appointed day, a person owned 2 or more adjoining or adjacent lots, portions or parcels, the aggregation of the area of those lots, portions or parcels as they were on the appointed day, as reduced by:

(i) any subsequent subdivision for the purpose of a boundary adjustment, and

(ii) any area of the land subsequently excised for a public purpose, or

(c) any lot created by a subdivision approved by the Council on or after 24 November 1972 on which a dwelling may have been erected immediately prior to the gazettal of this plan.

(d) each of lots 1035 to 1039 (inclusive) in DP 754578, Parish of Brundah.

"extractive material" means sand, gravel, clay, turf, soil, rock, stone or similar substances, but does not include any metal or mineral.
"financially viable" means providing full-time occupation for at least one of the residents.
"flood prone land" (or "flood liable land") means land that is susceptible to flooding by the probable maximum flood (PMF) event.
"floodway" means the channel of a river or stream and those portions of the flood plain adjoining the channel which are required to carry and discharge floodwaters.
"heritage conservation area" means land described in Part 1 of Schedule 1.
"heritage item" means a building, work, relic, tree, or place listed in Part 2 of Schedule 1.
"heritage significance" means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
"intensive animal establishment" means a building or place used for holding cattle, sheep, goats, pigs, poultry, fish, crustaceans or other livestock that are fed by other than natural grazing and includes:

(a) a poultry farm, or

(b) a feedlot, or

(c) a piggery, or

(d) a dairy,

but does not include a building or place used only for the keeping of livestock, poultry or fish that are intended solely for personal consumption or enjoyment by the owner or occupier of the land or for temporary feeding during or as a result of drought, fire, flood or similar emergency.
"intensive horticultural establishment" means a place used for the growing of commercial crops of plants, whether under cover or not, using intensive agricultural systems, but does not include a nursery or market garden.
"land degradation" means any decline in the quality of natural land resources, commonly caused through improper use of the land by humans and includes the effects of erosion, sedimentation, dryland salinity, invasion of noxious and woody weeds, soil acidification and structural decline, waterlogging and excessive flooding.
"maintenance", in relation to a heritage item, means the ongoing protective care of the fabric of a heritage item and its setting.
"market garden" means a building or place used for the commercial growing of vegetables.
"nursery" means a place used for growing plants and selling plants by retail, whether or not landscape supplies (including earth products) or other landscape and horticultural products are also sold at the building or place.
"piggery" means a place or building used for breeding, boarding, training or keeping, or caring for, pigs for commercial purposes.
"plant depot" means a building or place used for the parking or servicing of movable machinery or equipment, by the owner or lessee of that building or place, that is used in relation to an occupation or business carried on at some other location.
"prime agricultural land" means land identified as Class 1, 2 or 3 land by the Department of Agriculture and shown on a map held by the Council.
"professional rooms" mean a room or number of rooms used by not more than 3 professionally qualified people who practise their profession there either separately or in partnership and employ not more than a total of 3 other people there in connection with the practice.
"reception establishment" means a building or place used for the purpose of wedding receptions, birthday parties and the like, but does not include a refreshment room or hotel.
"recreation area" means:

(a) a children’s playground, or

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

(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 by a body of persons associated for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes,

but does not include a racecourse or a showground.
"regrowth" means vegetation on land which has regrown over a period of not more than five years since the land was previously cleared for agricultural purposes.
"relic" means any deposit, object or material evidence (terrestrial or underwater) relating to the use or settlement of the area of Weddin, which is 50 or more years old.
"riding school" means a building or place used for the purpose of teaching horse riding skills or hiring horses for recreational riding whether or not accommodation is also provided for the riders.
"tourist facility" means an establishment providing holiday accommodation or recreational facilities, or both, on a short term basis, and may include hotels, motels, bed and breakfast establishments, serviced apartments, holiday cabins, caravan parks, camping grounds, houseboats, and associated swimming pools, golf courses, tennis courts, restaurants, souvenir shops, art and craft galleries and exhibition centres.
"the Act" means the Environmental Planning and Assessment Act 1979 .
"the map" means the series of maps marked “ Weddin Local Environmental Plan 2002 ” as amended by the maps, or the specified sheets of 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.

"waste management facilities" means a place used to store, treat, purify or dispose of waste or to sort, process, recycle, recover, use or reuse material from waste.

(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 land within a specified zone is a reference to land shown on the map as being in that zone, and

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

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