New South Wales Consolidated Regulations

WOLLONGONG LOCAL ENVIRONMENTAL PLAN NO 38 - REG 7

7 Interpretation

(1) In this plan, except in so far as the context or subject-matter otherwise indicates or requires:
"appointed day" means the day on and from which this plan takes effect.
"caravan park" means a place used for the accommodation of caravans or other movable dwellings, within the meaning of section 288A of the Local Government Act 1919 .
"Community centre" means a building or place used to provide facilities comprising or relating to any one or more of the following, namely, rest rooms, meeting rooms, indoor recreation, social functions, childminding, cultural activities and any other like purpose.
"Cottage Industry" means an activity carried out under the following circumstances:

(a) the activity is carried out within a dwelling or the curtilage of a dwelling occupied by the person carrying on the activity or on land adjoining the land occupied by that person,

(b) activity does not occupy a floor space exceeding 50 square metres,

(c) the activity causes minimal interference to the amenity of the neighbourhood by reason of the emission of noise, vibration or waste products of any kind, including liquid and gaseous waste,

(d) the activity is generally in character with the scale and ambience of other activities within the neighbourhood,

(e) any goods offered for sale have been either produced as a result of carrying out the activity or relate directly to the activity,

(f) there are never more than three people employed in carrying out the activity who do not live in the dwelling within which the activity is carried out.

"council" means the Council of the City of Wollongong.
"demolition", in relation to a building or work, means the damaging, defacing, destruction, pulling down or removal of that building or work, in whole or in part.
"existing holding" means a parcel of land, whether comprising one or more lots or portions, existing in one ownership:

(a) in the case of land within a water catchment area-as at 6 September 1974, or

(b) in any other case-as at 30 April 1971.

"floor space ratio", in relation to a building, means the ratio of the gross floor area of the building to the site area of the allotment on which the building is or is proposed to be erected.
"heavy industry" means an industry other than an extractive industry, home industry, light industry, offensive or hazardous industry or rural industry.
"holiday cabin" means a dwelling-house used for the provision of holiday accommodation only, being one of a group of dwelling-houses erected on an allotment of land, or allotments of land, in the same ownership.
"home employment" means an occupation which is carried on in a dwelling, or within the curtilage of a dwelling-house or residential flat building, by the permanent residents of the dwelling and which does not involve:

(a) the employment on the premises of persons other than those residents,

(b) 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 or grit, oil or otherwise,

(c) the display of goods, whether in a window or otherwise, or

(d) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited to indicate the name and occupation of those residents).

"item of the environmental heritage" means a building, work, relic or place which is:

(a) described in Schedule 1, and

(b) situated on land shown edged blue on the map and with the letter “H” superimposed thereon,

and includes a building, work, relic or place:

(c) which is described in a resolution made by the council pursuant to clause 30, and

(d) the location of which is marked on a map in accordance with that clause.

"large dwelling" means a dwelling, the gross floor area of which exceeds 90 square metres.
"leisure area" means a building or place used for the purpose of a picnic ground, walking trail, camping ground or information centre, whether used for the purpose of gain or not, but does not include a showground, playing field, racecourse, swimming pool, bowling green, golf course, caravan park or a building or place elsewhere specifically defined in this subclause.
"light industrial retail outlet" means a shop:

(a) which is used in conjunction with a light industry or warehouse, and

(b) which is situated in the building in which the light industry or warehouse is located, and

(c) which has a retail area the gross floor area of which does not exceed:

(i) 40 per cent of the gross floor area occupied by the shop and the light industry or warehouse in conjunction with which the shop is used, or

(ii) 250 square metres,

whichever is the lesser, and

(d) in which are sold only such goods as have been assembled, manufactured or warehoused on the land on which the shop is situated.

"medium dwelling" means a dwelling, the gross floor area of which exceeds 60 square metres but does not exceed 90 square metres.
"motor showroom" means a building or place used for the display or sale of motor vehicles, caravans, boats or trailers, whether or not motor vehicle accessories, caravan accessories, boat accessories or trailer accessories are sold or displayed therein or thereon.
"multi-purpose building" means a building containing both dwellings and commercial premises or shops the prime purpose of which is to cater for tourists.
"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 or residential flat building and used by not more than 3 legally qualified medical practitioners or by not more than 3 dentists within the meaning of the Dentists Act 1934 , or by not more than 3 health care professionals, who practise therein the profession of medicine, dentistry or health care, respectively, and, if more than one, practise in partnership, and who employ not more than 3 employees in connection with that practice.
"recreation area" means a children’s playground, an area used for sporting activities or sporting facilities, an area used by the Council to provide recreational facilities for the physical, cultural or intellectual welfare of the community or an area used by a body of persons associated together for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes, but does not include racecourses and showgrounds.
"relic" means any deposit, object or material evidence relating to the settlement of land to which this plan applies, including Aboriginal habitation, prior to 1 January 1900, or prior to such other date as may be determined by resolution of the council.
"renovation", in relation to a building or work, means:

(a) the making of structural changes to the inside or 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.

"small dwelling" means a dwelling, the gross floor area of which does not exceed 60 square metres.
"stable" means a building used for the purpose of accommodating horses or other similar quadrupeds.
"the map" means the series of maps marked “ Wollongong Local Environmental Plan No 38 ”, as amended by the maps marked as follows:

Wollongong Local Environmental Plan No 45

Wollongong Local Environmental Plan No 48

Wollongong Local Environmental Plan No 52

Wollongong Local Environmental Plan No 53

Wollongong Local Environmental Plan No 55

Wollongong Local Environmental Plan No 56

Wollongong Local Environmental Plan No 57

Wollongong Local Environmental Plan No 58

Wollongong Local Environmental Plan No 59

Wollongong Local Environmental Plan No 60

Wollongong Local Environmental Plan No 61

Wollongong Local Environmental Plan No 63

Wollongong Local Environmental Plan No 64

Wollongong Local Environmental Plan No 65

Wollongong Local Environmental Plan No 66

Wollongong Local Environmental Plan No 67

Wollongong Local Environmental Plan No 68

Wollongong Local Environmental Plan No 71

Wollongong Local Environmental Plan No 72

Wollongong Local Environmental Plan No 73

Wollongong Local Environmental Plan No 74

Wollongong Local Environmental Plan No 75

Wollongong Local Environmental Plan No 76

Wollongong Local Environmental Plan No 77

Wollongong Local Environmental Plan No 78

Wollongong Local Environmental Plan No 79

Wollongong Local Environmental Plan No 80

Wollongong Local Environmental Plan No 84

Wollongong Local Environmental Plan No 85

Wollongong Local Environmental Plan No 86

Wollongong Local Environmental Plan No 87

Wollongong Local Environmental Plan No 88

Wollongong Local Environmental Plan No 89

Wollongong Local Environmental Plan No 90

Wollongong Local Environmental Plan No 91

Wollongong Local Environmental Plan No 94

Wollongong Local Environmental Plan No 95

Wollongong Local Environmental Plan No 96

Wollongong Local Environmental Plan No 97

Wollongong Local Environmental Plan No 98

Wollongong Local Environmental Plan No 100

Wollongong Local Environmental Plan No 101

Wollongong Local Environmental Plan No 102

Wollongong Local Environmental Plan No 104

Wollongong Local Environmental Plan No 106

Wollongong Local Environmental Plan No 108

Wollongong Local Environmental Plan No 109

Wollongong Local Environmental Plan No 112

Wollongong Local Environmental Plan No 113

Wollongong Local Environmental Plan No 114

Wollongong Local Environmental Plan No 115

Wollongong Local Environmental Plan No 117

Wollongong Local Environmental Plan No 121

Wollongong Local Environmental Plan No 122

Wollongong Local Environmental Plan No 123

Wollongong Local Environmental Plan No 124

Wollongong Local Environmental Plan No 125

Wollongong Local Environmental Plan No 126

Wollongong Local Environmental Plan No 130

Wollongong Local Environmental Plan No 131

Wollongong Local Environmental Plan No 132

Wollongong Local Environmental Plan No 133

Wollongong Local Environmental Plan No 142

Wollongong Local Environmental Plan No 148

Wollongong Local Environmental Plan No 150

Wollongong Local Environmental Plan No 151

Wollongong Local Environmental Plan No 152

Wollongong Local Environmental Plan No 153

Wollongong Local Environmental Plan No 159

Wollongong Local Environmental Plan No 160

Wollongong Local Environmental Plan No 161

Wollongong Local Environmental Plan No 162

Wollongong Local Environmental Plan No 165

Wollongong Local Environmental Plan No 166

Wollongong Local Environmental Plan No 167

Wollongong Local Environmental Plan No 168

Wollongong Local Environmental Plan No 170

Wollongong Local Environmental Plan No 171

Wollongong Local Environmental Plan No 172

Wollongong Local Environmental Plan No 173

Wollongong Local Environmental Plan No 174

Wollongong Local Environmental Plan No 175

Wollongong Local Environmental Plan No 177

Wollongong Local Environmental Plan No 178

Wollongong Local Environmental Plan No 179

Wollongong Local Environmental Plan No 180

Wollongong Local Environmental Plan No 181

Wollongong Local Environmental Plan No 182

Wollongong Local Environmental Plan No 183

Wollongong Local Environmental Plan (Sheets 1-6) 188

"utility installation" means a building or work used by a public utility undertaking or a building or work used by a public or private communication undertaking, but does not include a building designed wholly or principally as administrative or business premises or as a showroom.

(2) In this plan, except in so far as the context or subject-matter otherwise indicates or requires, a reference:

(a) 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) to a building or place elsewhere specifically defined in subclause (1) includes a reference to a building or place specifically defined in clause 4 (1) of the Environmental Planning and Assessment Model Provisions 1980 ,

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

(d) to land within a zone specified in clause 10 is a reference to land shown on the map in the manner indicated in that clause as the means of identifying land of the zone so specified.