5How are terms defined in this
plan?
(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.
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.
Acid
Sulfate Soils Planning Map means map marked “Nambucca Local Environmental Plan 1995
(Amendment No 30)—Acid Sulfate Soils Planning
Map” kept in the office of the
Council.
actual
acid sulfate soils are soils containing highly acid soil
horizons or layers resulting from the aeration of soil materials that are rich
in iron sulfides, primarily sulfide. This oxidation produces hydrogen ions in
excess of the sediments’s capacity to neutralise the acidity resulting
in soils of pH of 4 or less when measured in dry season
conditions.
aerodrome means a place or area that
is used for the taking off and the landing of aeroplanes of any size and is
open to the public, and includes airline terminal buildings and associated
facilities.
advertising means the use of a
building or place for the display of symbols, messages or other devices for
promotional purposes or for conveying information, instructions, directions
and the like, whether or not the display involves the erection of a structure
or the carrying out of a work.
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.
agriculture means:
(a)
the cultivation of crops, including cereals,
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.
allotment means any lot, portion or
parcel of land which has been lawfully created.
amusement
parlour means any premises where more than four amusement
devices, consisting of either pinball machines, pool tables, billiard tables,
or coin-operated amusement devices or the like, are provided for the
entertainment of the public, with the exception of any premises the subject of
a hotelier’s licence under the Liquor Act
1982.
animal
establishment means a building or place used or intended for
use for the purpose of intensive husbandry, boarding, training or keeping of
animals, birds, fish, crustaceans, insects or the like, requiring the
provision of special structures or the importation of feed from sources
outside the land on which such development is conducted.
appointed
day means the day on which this plan takes
effect.
aquaculture means the cultivation of
the resources of the sea or inland waters for the propagation or raising of
marine, estuarine or freshwater fish or plants or other
organisms.
bed and
breakfast establishment means a dwelling-house in which the
permanent residents provide rooms for paying guests for temporary overnight
accommodation for the short-term traveller, with a common facility for the
provision of meals, but does not include premises:
(a)
involving the sale of liquor or goods from the
site, or
(b)
that contain facilities in rooms for the
preparation of meals by guests, or
(c)
that interfere with the amenity of the
neighbourhood due to the generation of vehicular traffic, the attraction of
customers or the reduction of car parking in the vicinity of the site,
or
(d)
in or on which is exhibited any advertisement
relating to the provision of accommodation (other than an advertisement which
would fit within an area of one square metre and that is exhibited in or on
the premises to indicate that the premises provide bed and breakfast
accommodation), or
(e)
in which more than 5 bedrooms are used for paying
guests, or
(f)
used as a backpackers’ hostel, boarding
house, serviced apartments, tourist accommodation or home
activity.
brothel means any building or place
used habitually for the purpose of prostitution.
bush fire
hazard reduction means a reduction or modification (by
controlled burning or by mechanical, chemical or manual means) of material
that constitutes a bush fire hazard in conformity with a notice issued by the
Council or with a development consent or a bush fire management plan, within
the meaning of Section 41A of the Bush Fires Act
1949.
camping
ground and caravan
park have the same meanings as under the Local Government Act
1993.
car-park means a building or place
used for parking vehicles, and any manoeuvring space and access thereto,
whether operated for gain or not.
classified road means a road or work
classified under the Roads Act
1993 to be:
(a)
a main road,
(b)
a State Highway,
(c)
a freeway,
(d)
a controlled access road,
(e)
a secondary road,
(f)
a tourist road,
(g)
a tollway, or
(h)
a State work.
cluster
housing means development that results in three or more
dwellings on a single residential or rural residential allotment of land
sharing communal open space and other facilities.
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 specifically defined for the purposes of
this plan, or a building or place to the extent that it is subjected to a land
use so specifically defined.
communications facility means a
building, structure, work, or place used primarily for transmitting or
receiving signals for the purposes of communication, and includes radio masts
and towers, satellite disks and the like.
means a building or place owned, leased or sub-leased
by the Council and used to provide 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, or
(g)
any other like place or
activity.
Council means Nambucca Shire
Council.
dam means a work designed for the
containment of water by use of earthen walls or walls of other materials and
includes an excavated storage licensed under Part 5 of the Water Act 1912.
dual
occupancy means development that results in two dwellings
(whether attached or detached) on a single allotment of land.
environmental facility means a
structure or work which consists of:
(a)
a nature or scientific study or display facility
such as a walking track, board walk, observation deck, bird hide or the like,
or
(b)
an environmental management or restoration
facility such as a structure or work used for bush regeneration, swamp
restoration, erosion and run-off prevention, dunal restoration or the
like.
exhibition home means an unoccupied
dwelling-house used for display.
existing
dams and drains means a dam or drain lawfully constructed
before the commencement of Nambucca Local Environmental Plan 1995
(Amendment No 30).
existing
parcel of land means:
(a)
except as provided in paragraph (b), the area of
an allotment of land as it was at 16 June 1967, or
(b)
where, as at 16 June 1967, a person owned two or
more adjoining or adjacent allotments of land, the aggregation of those
allotments as they were at that date,
being an allotment, that has, or an aggregation of
allotments that have, not been subdivided otherwise than for a purpose
referred to in clause 6 of State Environmental Planning
Policy No 4—Development Without
Consent.
means:
(a)
the winning of extractive material,
or
(b)
an undertaking, not being a mine, which depends
for its operation on the winning of extractive material from the land on which
it is carried on, and includes any stockpiling, washing, crushing, grinding,
milling or separating into different sizes of that extractive material on that
land.
flood
free land means land that is unlikely, in the opinion of the
Council, to be inundated during a 1 in 100 year flood. However such land may
still be liable to flooding during a flood likely to our less frequently than
a 1 in 100 year flood.
flood
liable land means land that is likely, in the opinion of the
Council, to be inundated during a 1 in 100 year flood and is identified on the
maps associated with the following documents deposited in the office of the
Council:
(a)
New South Wales Coastal Rivers Floodplain
Management Studies: Main Report—The Nambucca Valley (July
1981),
(b)
Macksville Flood Study: Report No PWD 83014
(April 1983),
(c)
Lower Nambucca River: Flood Study—Report No
NSW PW94003, ISBN 07310 27396 (February 1994),
(d)
Nambucca Shire Environmental Study: Flood Prone
Land (May 1983).
floodplain means the portion or
portions of the valley of a river, adjacent to the channel of the river,
which, in the opinion of the Council, is or are likely to be inundated when
the river overflows.
floodway means those areas where, in
the opinion of the Council, a significant passage of water flows during
floods.
group
home means a dwelling that is a permanent group home or a
transitional group home as defined in State
Environmental Planning Policy No 9—Group
Homes.
height, in relation to a building,
means the distance measured vertically from any point on the roof of the
topmost floor of the building to the natural ground level immediately below
that point.
home
activity means the use of a dwelling or of a building
erected on, or of any land comprising, the allotment on which a dwelling is
located, for the purpose of an activity or pursuit, but only if:
(a)
the primary use of the land is
residential,
(b)
the activity or pursuit does not and is not
likely to:
(i)
interfere with the amenity of the locality by
reason of the emission of noise, vibration, smell, fumes, smoke, vapour,
steam, soot, ash, dust, waste water, waste products, grit, oil, electrical
interference or electrical emissions or otherwise,
(ii)
involve exposure to view from any public place of
any matter,
(iii)
require the provision of any essential service
infrastructure of a greater capacity than that available in the
locality,
(iv)
generate traffic out of keeping with the
surrounding locality, or
(v)
occupy a floor area exceeding 50 square metres,
and
(c)
the activity or pursuit is undertaken by the
permanent residents of the dwelling (and not more than two persons other than
those residents), and
(d)
any exposure or offer for sale of items by retail
from the premises is restricted to only those items prepared or manufactured
on the land and the use of the premises for that purpose will not have a
detrimental impact on any commercial area serving the
locality.
home-based child care means the
provision of care for up to seven children (including the caregiver’s
own children), in the dwelling in which the caregiver resides.
hospital means a building or place
used as a:
(a)
hospital,
(b)
sanatorium,
(c)
health centre,
(d)
nursing home, or
(e)
home for aged persons, infirm persons, incurable
persons or convalescent persons,
whether public or private, and includes a shop or
dispensary used in connection with it.
housing
for aged or disabled persons means residential accommodation
which may take any building form and which is used as housing for aged or
disabled persons as defined in State Environmental Planning Policy No
5—Housing for Aged or Disabled
Persons.
industry means the manufacturing,
assembling, altering, repairing, renovating, ornamenting, finishing, cleaning,
washing, dismantling, processing or adapting of any goods or any articles for
commercial purposes and includes the storage and servicing of vehicles and the
stockpiling of extractive material.
integrated housing development means
development that consists of:
(a)
the subdivision of land into 5 or more
allotments, and
(b)
the erection of a single dwelling-house on each
of the allotments created by that subdivision.
intensive
livestock keeping establishment means a building or place in
which or on which cattle, sheep, goats, poultry or other 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)
feed lots,
(b)
piggeries,
(c)
poultry farms, and
(d)
similar land uses,
but does not include an animal establishment or the
keeping of livestock or poultry intended solely for personal consumption or
enjoyment by the owner or occupier of the land.
light
industry means an industry in which the processes carried
on, or the transportation involved or the machinery or material used, do not
interfere unreasonably with the amenity of the neighbourhood.
main
road means a road declared to be a main road under the
Roads Act 1993.
maintenance of existing dams or
drains means any works that will disturb or remove soil
within existing dams or drains.
manufactured home estate means land
on which manufactured homes, as defined under State
Environmental Planning Policy No 36—Manufactured Home
Estates, are, or are to be, erected.
marina means a pontoon, jetty, pier
or the like, used or intended to be used to provide moorings for boats used
for pleasure, commerce 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,
but does not include a pontoon, jetty, pier or the like
which is not so used.
material
recycling depot means land used for the collection, storage,
abandonment or sale of scrap metals, waste paper, rags, bottles, or other
scrap materials or goods or used for the collecting, dismantling, storing,
salvaging or abandoning of automobiles or other vehicles or machinery or for
the sale of parts thereof.
medium
density housing means three or more dwellings that either
are parts of the same building or are situated on the same allotment, where
each dwelling has an individual entrance and direct private access to private
open space at natural ground level for the exclusive use of the occupants of
the dwelling, and includes semi-detached houses, villas and the
like.
mining means the winning of any
material to which the Mining Act
1992 or the Petroleum
(Onshore) Act 1991 applies and 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.
multiple
occupancy means the erection of three or more dwellings or
equivalent living accommodation, so as to permit communal living opportunities
on a single allotment of rural land.
natural
ground level is the ground surface level prior to any
development, including any cutting, filling and grading and, where the
existing ground level differs from the natural ground level, the natural
ground level is to be as determined by Council after taking into account any
information concerning its location.
plant
depot means a building or place used for the parking or
servicing of movable plant on a property where the movable plant is operated
only by the owners or occupiers of the building or place.
plant
nursery means a building or place used for both the growing
and selling of plants, whether or not ancillary products are sold in the
building or place, and includes any such building or place used for both
wholesale and retail selling of plants.
potential
acid sulfate soils are soils which contain iron sulfides or
sulfidic material which have not been exposed to air. They will become
severely acid when exposed to air and oxidised. The field pH of these soils in
their undisturbed state is pH 4 or more and may be neutral or slightly
alkaline.
prime
crop and pasture land means land identified as class 1, 2 or
3 in the Agricultural Land Suitability Classification Systems Maps held by the
Council, but does not include land which the Director-General of the
Department of Agriculture notifies the Council, in writing, is not prime crop
and pasture land for the purposes of this plan.
public
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), (e)
(f)
fire fighting facilities, or
(g)
paramedical facilities, or
(h)
storing and collecting recyclable materials,
where that undertaking does not occupy an area of more than 100 square
metres,
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.
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 passive
recreational activities which promote the physical, cultural or intellectual
welfare of persons within the community, being facilities provided by:
(i)
the Council,
(ii)
the Crown,
(iii)
a body of persons associated for the purpose of
the physical, cultural or intellectual welfare of persons within the
community, or
(iv)
any person entering a licence or lease agreement
with the Council or the Crown for the use of land,
and includes a racecourse and
showground.
recreation vehicle area means land
which is designated as a recreation vehicle area pursuant to an order in force
under section 11 (1) of the Recreation Vehicles Act
1983.
residential flat building means a
building containing three or more dwellings, and includes dwellings developed
in conjunction with business premises, but does not include a dwelling-house,
medium density housing or a dwelling resulting from dual or multiple occupancy
development.
residential infill development means
development (including any works by way of landfill) carried out for
residential purposes on a vacant allotment of land zoned residential which
adjoins or is adjacent to or is surrounded by land which is also zoned
residential and on which there is situated one or more dwelling-houses or
other residential buildings.
restricted premises means a building
or place used or intended for use as a shop or office or place of
assembly:
(a)
in, or on, which category 1 restricted
publications or category 2 restricted publications, within the meaning of the
Indecent Articles and Classified Publications Act
1975, are exposed, exhibited, sold or otherwise rendered
accessible or available to the public, or
(b)
in, or on, which a business to which Section 10
of the Indecent Articles and Classified Publications Act
1975 applies, is conducted.
road means a public thoroughfare
used for the passage of humans, vehicles or animals.
roadside
stall means a permanent or temporary structure (not
exceeding 30 square metres in floor area) used for the selling of retail
agricultural produce from an allotment of land on which the produce is
produced and where parking connected with the use is on the
property.
rural
industry means:
(a)
handling, treating, processing, storing or
packing of primary products and raw materials, or
(b)
regular servicing or repairing of plant or
equipment used for the purpose of agriculture, aquaculture or a rural industry
in the locality.
rural
shed means a shed or similar building or structure used for
agriculture-related purposes, but does not include any other building or
structure specifically defined for the purposes of this plan, or any other
building or structure to the extent that it is subjected to a land use so
specifically defined.
rural
tourist facility means an establishment used for short-term,
low-key holiday accommodation or for recreational or educational purposes and
may consist of a bed and breakfast establishment, boat landing facility,
educational establishment, environmental facility, guest house, holiday cabins
or units, hostel, horse-riding facility, picnic ground, primitive camping
ground, refreshment room or the like.
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 one or more of
the following:
(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.
shop means a building or place used
for selling items, whether by retail or auction, or for hiring or displaying
items for the purpose of selling or hiring them, whether the items are goods
or materials.
tavern means premises licensed for
the sale of liquor but which do not provide overnight accommodation on a
commercial basis.
the
map means the series of sheets of the map marked
“Nambucca Local Environmental
Plan 1995”, as amended by the maps (or the specified
sheets of maps) marked as follows:
Nambucca Local Environmental Plan 1995 (Amendment No
2)
Nambucca Local Environmental Plan 1995 (Amendment No
3)
Nambucca Local Environmental Plan 1995 (Amendment No
6)
Nambucca Local Environmental Plan 1995 (Amendment No
9)
Nambucca Local Environmental Plan 1995 (Amendment No
10)
Nambucca Local Environmental Plan 1995 (Amendment No
11)
Nambucca Local Environmental Plan 1995 (Amendment No
19)
Nambucca Local Environmental Plan 1995 (Amendment No
21)
Nambucca Local Environmental Plan 1995 (Amendment No
27)
Nambucca Local Environmental Plan 1995 (Amendment No
38)
Nambucca Local Environmental Plan 1995 (Amendment No
39)
Nambucca Local Environmental Plan 1995 (Amendment No
43)
Nambucca Local Environmental Plan 1995 (Amendment No
45)
tourist
accommodation means a building used mainly for accommodation
of tourists, visitors and travellers which may have facilities for the
convenience of patrons, such as restaurants, convention areas and the
like.
tourist
facility means an establishment providing for holiday
accommodation or recreation which may consist of or include a boatshed, boat
landing facilities, camping ground, caravan park, golf course, holiday cabins,
hotel, houseboat, marina, motel, playground, refreshment room, tavern, water
sport facilities or a club used in conjunction with any such activities, but
does not include a resort consisting of self-contained tourist accommodation
providing a wide range of facilities in a resort style
arrangement.
transport
terminal means a building or place used as an airline
terminal, a road transport terminal, a bus station or a bus depot, and
includes an area situated on a rural property used for the loading of
agricultural produce originating from that property onto road transport for
bulk haulage by a vehicle.
utility
installation means a building or work used for a public
utility undertaking.
veterinary establishment means a
building or place used for the medical or surgical treatment of
animals.
waste
disposal depot means a building or place used for the
disposal of waste materials, whether domestic, commercial or
industrial.
works
that may alter the watertable means drainage works, ground
bores, wells, ground dewatering, or the like on or adjacent to land containing
acid sulfate soils which may lower the groundwater level in the general
area.
(2)
In this plan, a reference to a building or place
at which a land use is carried out includes a reference to a building or place
at which the land use is intended to be carried out.
(3)
In this plan, a reference to a map is a reference
to a map deposited in the office of the Council.
(4)
Where appearing on the map in relation to land
within Zone No 5 (a), the words “Aboriginal Use” mean for use for
residential and ancillary purposes, educational establishments, places of
assembly, child care centres, general stores, home activities, places of
public worship, public buildings, recreation establishments, recreation
facilities and refreshment rooms.
cl 5: Am 29.3.1996;
19.7.1996; 16.8.1996; 30.8.1996; 14.2.1997; 23.5.1997; 20.6.1997; 27.3.1998;
8.5.1998; 15.5.1998; 19.3.1999; 14.5.1999; 22.10.1999; 10.3.2000; 18.8.2000;
5.10.2001; 16.8.2002; 24.1.2003; 24.10.2003; 26.3.2004.