Lithgow Local Environmental Plan 2014

Part 1 Preliminary

1.1 Name of Plan

This Plan is Lithgow Local Environmental Plan 2014.

1.1AA Commencement

This Plan commences on the day on which it is published on the NSW legislation website.

1.2 Aims of Plan

(1)  This Plan aims to make local environmental planning provisions for land in Lithgow in accordance with the relevant standard environmental planning instrument under section 3.20 of the Act.

(2)  The particular aims of this Plan are as follows—

(aa)  to protect and promote the use and development of land for arts and cultural activity, including music and other performance arts,

(a)  to encourage sustainable and planned development that complements the unique character and amenity of Lithgow and enhances its towns, villages and rural areas,

(b)  to provide for a range of development opportunities that contribute to the social, economic and environmental resources of Lithgow in a way that allows the needs of present and future generations to be met by implementing the principles of ecologically sustainable development,

(c)  to manage, facilitate and encourage sustainable growth and development that—

(i)  promotes the efficient and effective delivery of utilities, infrastructure and service and minimises long-term costs to government, authorities and the community, and

(ii)  protects, enhances and conserves mineral and extractive resources lands, forests and agricultural lands and the contributions they make to the local, regional and State economy, and

(iii)  allows for the orderly growth of land uses while minimising conflict between land uses in a zone and land uses in adjoining zones, and

(iv)  encourages a range of housing choices in planned urban and rural locations to meet population growth and the diverse needs of the community, and

(v)  preserves and protects land that has been identified for future long term urban development from inappropriate fragmentation and development, and

(vi)  protects and enhances environmentally sensitive areas, ecological systems, areas of high scenic, recreational, landscape or conservation value and areas that have the potential to contribute to improved environmental outcomes, and

(vii)  protects and enhances places and items of environmental, archaeological, cultural or heritage significance, including Aboriginal relics and places, and

(viii)  avoids or minimises the impact of development on drinking and environmental water catchments to protect and enhance water availability and safety for human consumption and the maintenance of environmental and recreational values, and

(ix)  strengthens and promotes employment land opportunities and appropriate tourism development and growth, and

(x)  creates resilience to natural hazards through local land use planning.

1.3 Land to which Plan applies

(1)  This Plan applies to the land identified on the Land Application Map.

(1A)  Despite subclause (1), this Plan does not apply to the land identified as “Deferred matter” on the Land Application Map.

1.4 Definitions

The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan.

1.5 Notes

Notes in this Plan are provided for guidance and do not form part of this Plan.

1.6 Consent authority

The consent authority for the purposes of this Plan is (subject to the Act) the Council.

1.7 Maps

(1)  A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name—

(a)  approved by the local plan-making authority when the map is adopted, and

(b)  as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the local plan-making authority when the instruments are made.

(1AA)    (Repealed)

(2)  Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map.

(3)  Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

(4)  For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both.

Note—

The maps adopted by this Plan are to be made available on the official NSW legislation website in connection with this Plan. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment.

1.8 Repeal of planning instruments applying to land

(1)  All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed.

Note—

The following local environmental plan is repealed under this provision—

Rylstone Local Environmental Plan 1996

(2)  All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies.

Note—

While Lithgow City Local Environmental Plan 1994 no longer applies to the land to which this Plan applies, it continues to apply to the land identified as “Deferred matter” under clause 1.3 (1A).

1.8A Savings provision relating to development applications

If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced.

Note—

However, under Division 3.5 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable.

cl 1.8A: Am 2019 (621), Sch 5[1].

1.9 Application of SEPPs

(1)  This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 3.28 of the Act.

(2)  The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies—

State Environmental Planning Policy No 1—Development Standards

1.9A Suspension of covenants, agreements and instruments

(1)  For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.

(2)  This clause does not apply—

(a)  to a covenant imposed by the Council or that the Council requires to be imposed, or

(b)  to any relevant instrument within the meaning of section 13.4 of the Crown Land Management Act 2016, or

(c)  to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or

(d)  to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or

(e)  to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or

(f)  to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or

(g)  to any planning agreement within the meaning of Subdivision 2 of Division 7.1 of the Act.

(3)  This clause does not affect the rights or interests of any public authority under any registered instrument.

(4)  Under section 3.16 of the Act, the Governor, before the making of this clause, approved of subclauses (1)–(3).

cl 1.9A: Am 2019 (621), Sch 5[2]–[4].

Part 2 Permitted or prohibited development

2.1 Land use zones

The land use zones under this Plan are as follows—

Rural Zones

RU1 Primary Production

RU2 Rural Landscape

RU3 Forestry

RU5 Village

Residential Zones

R1 General Residential

R2 Low Density Residential

R5 Large Lot Residential

Business Zones

B1 Neighbourhood Centre

B2 Local Centre

B4 Mixed Use

B6 Enterprise Corridor

B7 Business Park

Industrial Zones

IN1 General Industrial

IN2 Light Industrial

IN3 Heavy Industrial

Special Purpose Zones

SP2 Infrastructure

Recreation Zones

RE1 Public Recreation

RE2 Private Recreation

Environment Protection Zones

E1 National Parks and Nature Reserves

E3 Environmental Management

E4 Environmental Living

2.2 Zoning of land to which Plan applies

For the purposes of this Plan, land is within the zones shown on the Land Zoning Map.

2.3 Zone objectives and Land Use Table

(1)  The Land Use Table at the end of this Part specifies for each zone—

(a)  the objectives for development, and

(b)  development that may be carried out without development consent, and

(c)  development that may be carried out only with development consent, and

(d)  development that is prohibited.

(2)  The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone.

(3)  In the Land Use Table at the end of this Part—

(a)  a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and

(b)  a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone.

(4)  This clause is subject to the other provisions of this Plan.

Notes—

1 Schedule 1 sets out additional permitted uses for particular land.

2 Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act.

3 Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent).

4 Clause 2.6 requires consent for subdivision of land.

5 Part 5 contains other provisions which require consent for particular development.

2.4 Unzoned land

(1)  Development may be carried out on unzoned land only with development consent.

(2)  In deciding whether to grant development consent, the consent authority—

(a)  must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and

(b)  must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land.

2.5 Additional permitted uses for particular land

(1)  Development on particular land that is described or referred to in Schedule 1 may be carried out—

(a)  with development consent, or

(b)  if the Schedule so provides—without development consent,

in accordance with the conditions (if any) specified in that Schedule in relation to that development.

(2)  This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan.

2.6 Subdivision—consent requirements

(1)  Land to which this Plan applies may be subdivided, but only with development consent.

Notes—

1 If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 , the Act enables it to be carried out without development consent.

2 Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development .

(2)  Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land.

Note—

The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling.

2.7 Demolition requires development consent

The demolition of a building or work may be carried out only with development consent.

Note—

If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent.

2.8 Temporary use of land

(1)  The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2)  Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.

(3)  Development consent must not be granted unless the consent authority is satisfied that—

(a)  the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and

(b)  the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

(c)  the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

(d)  at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

(4)  Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause.

(5)  Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4).

Land Use Table

Note—

A type of development referred to in the Land Use Table is a reference to that type of development only to the extent it is not regulated by an applicable State environmental planning policy. The following State environmental planning policies in particular may be relevant to development on land to which this Plan applies—

State Environmental Planning Policy (Affordable Rental Housing) 2009 (including provision for secondary dwellings)

State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004

State Environmental Planning Policy (Infrastructure) 2007—relating to infrastructure facilities such as those that comprise, or are for, air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems

State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007

State Environmental Planning Policy No 33—Hazardous and Offensive Development

State Environmental Planning Policy No 50—Canal Estate Development

State Environmental Planning Policy No 64—Advertising and Signage

State Environmental Planning Policy (Primary Production and Rural Development) 2019

Land Use tbl: Am 2017 (493), Sch 1.1 [1] [2]; 2018 (488), Sch 1.1 [1]; 2018 No 68, Sch 2.19; 2019 (137), Sch 6 [1]; 2019 (621), Sch 3.

Zone RU1   Primary Production

1 Objectives of zone

•  To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

•  To encourage diversity in primary industry enterprises and systems appropriate for the area.

•  To minimise the fragmentation and alienation of resource lands.

•  To minimise conflict between land uses within this zone and land uses within adjoining zones.

•  To minimise the environmental and visual impact of development on the rural landscape.

•  To provide for recreational and tourist development and activities of an appropriate type and scale that do not detract from the economic resource, environmental or conservation value of the land.

•  To maintain or improve the water quality of receiving water catchments.

2 Permitted without consent

Extensive agriculture; Home occupations; Roads

3 Permitted with consent

Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat building and repair facilities; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Crematoria; Dual occupancies; Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home-based child care; Home businesses; Home industries; Industrial training facilities; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Landscaping material supplies; Markets; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Roadside stalls; Rural industries; Rural supplies; Secondary dwellings; Service stations; Transport depots; Truck depots; Veterinary hospitals; Water recreation structures; Water supply systems

4 Prohibited

Any development not specified in item 2 or 3

Zone RU2   Rural Landscape

1 Objectives of zone

•  To encourage sustainable primary industry production by maintaining and enhancing the natural resource base.

•  To maintain the rural landscape character of the land.

•  To provide for a range of compatible land uses, including extensive agriculture.

•  To ensure that the type and intensity of development is appropriate in relation to the rural capability and suitability of the land, the preservation of the agricultural, mineral and extractive production of the land, the rural environment (including scenic resources) and the costs of providing services and amenities.

•  To facilitate tourism and recreational uses that are compatible with the capability and suitability of the land.

•  To maintain or improve the water quality of receiving water catchments.

2 Permitted without consent

Extensive agriculture; Home occupations; Roads

3 Permitted with consent

Agricultural produce industries; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Cemeteries; Community facilities; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Helipads; Home-based child care; Home businesses; Home industries; Information and education facilities; Jetties; Markets; Plant nurseries; Recreation areas; Roadside stalls; Secondary dwellings; Water recreation structures; Water supply systems

4 Prohibited

Any development not specified in item 2 or 3

Zone RU3   Forestry

1 Objectives of zone

•  To enable development for forestry purposes.

•  To enable other development that is compatible with forestry land uses.

2 Permitted without consent

Roads; Uses authorised under the Forestry Act 2012 or under Part 5B (Private native forestry) of the Local Land Services Act 2013

3 Permitted with consent

Aquaculture Extractive industries; Open cut mining

4 Prohibited

Any development not specified in item 2 or 3

Zone RU5   Village

1 Objectives of zone

•  To provide for a range of land uses, services and facilities that are associated with a rural village.

•  To maintain and enhance the unique character of each of the rural villages.

•  To encourage and promote opportunities for population and local employment growth commensurate with available services and infrastructure capacity.

•  To minimise the impact of non-residential uses and ensure those uses are compatible with surrounding residential development.

•  To maintain or improve the water quality of receiving water catchments.

2 Permitted without consent

Home occupations; Roads

3 Permitted with consent

Agricultural produce industries; Amusement centres; Bed and breakfast accommodation; Boat building and repair facilities; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Business premises; Camping grounds; Car parks; Caravan parks; Cemeteries; Centre-based child care facilities; Community facilities; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Food and drink premises; Function centres; Highway service centres; Home-based child care; Home businesses; Home industries; Hotel or motel accommodation; Information and education facilities; Jetties; Kiosks; Markets; Neighbourhood shops; Office premises; Oyster aquaculture; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roadside stalls; Rural supplies; Schools; Secondary dwellings; Service stations; Serviced apartments; Sewage treatment plants; Shops; Tank-based aquaculture; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Water recreation structures; Water recycling facilities; Water supply systems; Wholesale supplies

4 Prohibited

Pond-based aquaculture; Any other development not specified in item 2 or 3

Zone R1   General Residential

1 Objectives of zone

•  To provide for the housing needs of the community.

•  To provide for a variety of housing types and densities.

•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.

•  To maintain or improve the water quality of receiving water catchments.

2 Permitted without consent

Home occupations; Roads

3 Permitted with consent

Attached dwellings; Backpackers’ accommodation; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Caravan parks; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home-based child care; Home businesses; Hostels; Hotel or motel accommodation; Kiosks; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Residential flat buildings; Respite day care centres; Semi-detached dwellings; Seniors housing; Serviced apartments; Shop top housing; Tank-based aquaculture; Water recycling facilities; Water supply systems

4 Prohibited

Any development not specified in item 2 or 3

Zone R2   Low Density Residential

1 Objectives of zone

•  To provide for the housing needs of the community within a low density residential environment.

•  To enable other land uses that provide facilities or services to meet the day to day needs of residents.

•  To maintain or improve the water quality of receiving water catchments.

2 Permitted without consent

Home occupations; Roads

3 Permitted with consent

Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Caravan parks; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Health services facilities; Home-based child care; Home businesses; Kiosks; Multi dwelling housing; Neighbourhood shops; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Respite day care centres; Seniors housing; Shop top housing; Tank-based aquaculture; Water recycling facilities; Water supply systems

4 Prohibited

Any development not specified in item 2 or 3

Zone R5   Large Lot Residential

1 Objectives of zone

•  To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality.

•  To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future.

•  To ensure that development in the area does not unreasonably increase the demand for public services or public facilities.

•  To minimise conflict between land uses within this zone and land uses within adjoining zones.

•  To limit development to areas in reasonable proximity to the settled town centres of Lithgow, Wallerawang and Portland to strengthen settlement hierarchy.

•  To maintain or improve the water quality of receiving water catchments.

2 Permitted without consent

Home occupations; Roads

3 Permitted with consent

Bed and breakfast accommodation; Building identification signs; Business identification signs; Caravan parks; Centre-based child care facilities; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental facilities; Environmental protection works; Extensive agriculture; Flood mitigation works; Home-based child care; Home businesses; Home industries; Intensive plant agriculture; Kiosks; Markets; Oyster aquaculture; Places of public worship; Pond-based aquaculture; Recreation areas; Respite day care centres; Sewage treatment plants; Tank-based aquaculture; Water recycling facilities; Water supply systems

4 Prohibited

Any development not specified in item 2 or 3

Zone B1   Neighbourhood Centre

1 Objectives of zone

•  To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.

•  To ensure development within the area is of a scale consistent with the needs of the local community and will not detract from the role of the Lithgow core business areas as the primary centre.

•  To maintain or improve the water quality of receiving water catchments.

2 Permitted without consent

Roads

3 Permitted with consent

Boarding houses; Business premises; Centre-based child care facilities; Community facilities; Environmental protection works; Flood mitigation works; Hotel or motel accommodation; Medical centres; Neighbourhood shops; Neighbourhood supermarkets; Office premises; Oyster aquaculture; Places of public worship; Public administration buildings; Recreation facilities (indoor); Respite day care centres; Restaurants or cafes; Shop top housing; Signage; Take away food and drink premises; Tank-based aquaculture; Water recycling facilities; Water reticulation systems

4 Prohibited

Pond-based aquaculture; Any other development not specified in item 2 or 3

Zone B2   Local Centre

1 Objectives of zone

•  To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

•  To encourage employment opportunities in accessible locations.

•  To maximise public transport patronage and encourage walking and cycling.

•  To maintain the built integrity of the area by enabling development that is sympathetic to the heritage character and significance of the area and surrounding streetscapes and features.

•  To maintain or improve the water quality of receiving water catchments.

2 Permitted without consent

Roads

3 Permitted with consent

Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Service stations; Shop top housing; Tank-based aquaculture; Tourist and visitor accommodation; Water recycling facilities; Water reticulation systems; Any other development not specified in item 2 or 4

4 Prohibited

Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Places of public worship; Pond-based aquaculture Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sewage treatment plants; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water storage facilities; Water treatment facilities; Wharf or boating facilities; Wholesale supplies

Zone B4   Mixed Use

1 Objectives of zone

•  To provide a mixture of compatible land uses.

•  To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling.

•  To promote development that does not detract from the role of the town centre core commercial precincts.

•  To promote the retention and reuse of heritage items as well as the retention of established buildings that contribute positively to the heritage and cultural values of lands at Portland.

•  To maintain or improve the water quality of receiving water catchments.

2 Permitted without consent

Roads

3 Permitted with consent

Boarding houses; Centre-based child care facilities; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Medical centres; Oyster aquaculture; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Seniors housing; Shop top housing; Tank-based aquaculture; Water recycling facilities; Water reticulation systems; Any other development not specified in item 2 or 4

4 Prohibited

Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; General industries; Heavy industrial storage establishments; Heavy industries; Helipads; Highway service centres; Hostels; Industrial retail outlets; Industrial training facilities; Jetties; Marinas; Mooring pens; Moorings; Multi dwelling housing; Open cut mining; Pond-based aquaculture Recreation facilities (major); Recreation facilities (outdoor); Resource recovery facilities; Rural industries; Rural workers’ dwellings; Secondary dwellings; Sewage treatment plants; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Waste disposal facilities; Water recreation structures; Water storage facilities; Water treatment facilities; Wharf or boating facilities

Zone B6   Enterprise Corridor

1 Objectives of zone

•  To promote businesses along main roads and to encourage a mix of compatible uses.

•  To provide a range of employment uses (including business, office, retail and light industrial uses).

•  To maintain the economic strength of centres by limiting retailing activity.

•  To maintain or improve the water quality of receiving water catchments.

2 Permitted without consent

Roads

3 Permitted with consent

Building identification signs; Business identification signs; Business premises; Car parks; Community facilities; Environmental protection works; Flood mitigation works; Garden centres; Hardware and building supplies; Highway service centres; Hotel or motel accommodation; Industrial retail outlets; Information and education facilities; Landscaping material supplies; Light industries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Plant nurseries; Recreation facilities (indoor); Research stations; Restaurants or cafes; Service stations; Sewage treatment plants; Specialised retail premises; Take away food and drink premises; Tank-based aquaculture; Vehicle sales or hire premises; Warehouse or distribution centres; Waste or resource transfer stations; Water recycling facilities; Water reticulation systems; Water treatment facilities; Wholesale supplies

4 Prohibited

Pond-based aquaculture; Any other development not specified in item 2 or 3

Zone B7   Business Park

1 Objectives of zone

•  To provide a range of office and light industrial uses.

•  To encourage employment opportunities.

•  To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.

•  To promote the retention and re-use of heritage items as well as the retention of established buildings that contribute positively to heritage and cultural values.

•  To enable development that is compatible with the surrounding residential land use and that does not detract from the role of the Lithgow core business areas.

•  To maintain or improve the water quality of receiving water catchments.

2 Permitted without consent

Roads

3 Permitted with consent

Backpackers’ accommodation; Car parks; Centre-based child care facilities; Community facilities; Environmental protection works; Flood mitigation works; Function centres; Garden centres; Hardware and building supplies; Hotel or motel accommodation; Information and education facilities; Light industries; Neighbourhood shops; Office premises; Oyster aquaculture; Passenger transport facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Restaurants or cafes; Serviced apartments; Signage; Take away food and drink premises; Tank-based aquaculture; Warehouse or distribution centres; Water recycling facilities; Water reticulation systems; Wholesale supplies

4 Prohibited

Pond-based aquaculture; Any other development not specified in item 2 or 3

Zone IN1   General Industrial

1 Objectives of zone

•  To provide a wide range of industrial and warehouse land uses.

•  To encourage employment opportunities.

•  To minimise any adverse effect of industry on other land uses.

•  To support and protect industrial land for industrial uses.

•  To maintain or improve the water quality of receiving water catchments.

2 Permitted without consent

Roads

3 Permitted with consent

Biosolids treatment facilities; Boat building and repair facilities; Car parks; Community facilities; Crematoria; Depots; Environmental protection works; Flood mitigation works; Freight transport facilities; Garden centres; General industries; Hardware and building supplies; Helipads; Highway service centres; Industrial retail outlets; Industrial training facilities; Landscaping material supplies; Light industries; Mortuaries; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Places of public worship; Recreation areas; Research stations; Rural supplies; Rural industries; Service stations; Sex services premises; Signage; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Water supply systems; Wholesale supplies

4 Prohibited

Pond-based aquaculture; Any other development not specified in item 2 or 3

Zone IN2   Light Industrial

1 Objectives of zone

•  To provide a wide range of light industrial, warehouse and related land uses.

•  To encourage employment opportunities and to support the viability of centres.

•  To minimise any adverse effect of industry on other land uses.

•  To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area.

•  To support and protect industrial land for industrial uses.

•  To maintain or improve the water quality of receiving water catchments.

2 Permitted without consent

Roads

3 Permitted with consent

Boat building and repair facilities; Car parks; Community facilities; Depots; Environmental protection works; Flood mitigation works; Freight transport facilities; Funeral homes; Garden centres; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Landscaping material supplies; Light industries; Mortuaries; Neighbourhood shops; Oyster aquaculture; Passenger transport facilities; Places of public worship; Plant nurseries; Recreation areas; Recreation facilities (indoor); Research stations; Rural supplies; Service stations; Sex services premises; Signage; Storage premises; Take away food and drink premises; Tank-based aquaculture; Timber yards; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Water recycling facilities; Water reticulation systems; Wholesale supplies

4 Prohibited

Pond-based aquaculture; Any other development not specified in item 2 or 3

Zone IN3   Heavy Industrial

1 Objectives of zone

•  To provide suitable areas for those industries that need to be separated from other land uses.

•  To encourage employment opportunities.

•  To minimise any adverse effect of heavy industry on other land uses.

•  To support and protect industrial land for industrial uses.

•  To maintain or improve the water quality of receiving water catchments.

2 Permitted without consent

Roads

3 Permitted with consent

Car parks; Depots; Environmental protection works; Flood mitigation works; Freight transport facilities; General industries; Hardware and building supplies; Hazardous storage establishments; Heavy industrial storage establishments; Heavy industries; Helipads; Industrial training facilities; Kiosks; Landscaping material supplies; Offensive storage establishments; Oyster aquaculture; Research stations; Rural supplies; Signage; Take away food and drink premises; Tank-based aquaculture; Transport depots; Truck depots; Warehouse or distribution centres; Water reticulation systems; Water storage facilities

4 Prohibited

Pond-based aquaculture; Any other development not specified in item 2 or 3

Zone SP2   Infrastructure

1 Objectives of zone

•  To provide for infrastructure and related uses.

•  To prevent development that is not compatible with or that may detract from the provision of infrastructure.

•  To maintain or improve the water quality of receiving water catchments.

2 Permitted without consent

Nil

3 Permitted with consent

Aquaculture; Recreation areas; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose

4 Prohibited

Any development not specified in item 2 or 3

Zone RE1   Public Recreation

1 Objectives of zone

•  To enable land to be used for public open space or recreational purposes.

•  To provide a range of recreational settings and activities and compatible land uses.

•  To protect and enhance the natural environment for recreational purposes.

•  To maintain or improve the water quality of receiving water catchments.

2 Permitted without consent

Roads

3 Permitted with consent

Aquaculture; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Car parks; Caravan parks; Charter and tourism boating facilities; Community facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Information and education facilities; Jetties; Kiosks; Markets; Mooring pens; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Restaurants or cafes; Water recreation structures; Water recycling facilities; Water supply systems

4 Prohibited

Any development not specified in item 2 or 3

Zone RE2   Private Recreation

1 Objectives of zone

•  To enable land to be used for private open space or recreational purposes.

•  To provide a range of recreational settings and activities and compatible land uses.

•  To protect and enhance the natural environment for recreational purposes.

•  To maintain or improve the water quality of receiving water catchments.

2 Permitted without consent

Roads

3 Permitted with consent

Aquaculture; Backpackers’ accommodation; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Car parks; Caravan parks; Charter and tourism boating facilities; Community facilities; Eco-tourist facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Function centres; Hotel or motel accommodation; Information and education facilities; Jetties; Kiosks; Markets; Mooring pens; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Restaurants or cafes; Seniors housing; Serviced apartments; Water recreation structures; Water recycling facilities; Water supply systems

4 Prohibited

Any development not specified in item 2 or 3

Zone E1   National Parks and Nature Reserves

1 Objectives of zone

•  To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act.

•  To enable uses authorised under the National Parks and Wildlife Act 1974.

•  To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land.

2 Permitted without consent

Uses authorised under the National Parks and Wildlife Act 1974

3 Permitted with consent

Nil

4 Prohibited

Any development not specified in item 2 or 3

Zone E3   Environmental Management

1 Objectives of zone

•  To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

•  To provide for a limited range of development that does not have an adverse effect on those values.

•  To facilitate the management of environmentally sensitive lands and riparian areas.

•  To protect and conserve the vegetation and escarpment landscape surrounding Lithgow.

•  To maintain or improve the water quality of receiving water catchments.

2 Permitted without consent

Extensive agriculture; Home occupations

3 Permitted with consent

Building identification signs; Business identification signs; Community facilities; Dual occupancies; Dwelling houses; Eco-tourist facilities; Emergency services facilities; Environmental facilities; Environmental protection works; Farm buildings; Flood mitigation works; Information and education facilities; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Research stations; Roads; Secondary dwellings; Tank-based aquaculture; Water recycling facilities; Water supply systems

4 Prohibited

Industries; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Zone E4   Environmental Living

1 Objectives of zone

•  To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values.

•  To ensure that residential development does not have an adverse effect on those values.

•  To maintain the rural character of the land in the zone while preserving the land for future urban growth.

•  To ensure that development does not create unreasonable and uneconomic demands for the provision or extension of public infrastructure, amenities and services.

•  To maintain or improve the water quality of receiving water catchments.

2 Permitted without consent

Extensive agriculture; Home occupations; Roads

3 Permitted with consent

Bed and breakfast accommodation; Building identification signs; Business identification signs; Community facilities; Dual occupancies; Dwelling houses; Eco-tourist facilities; Emergency services facilities; Environmental facilities; Environmental protection works; Farm buildings; Farm stay accommodation; Flood mitigation works; Home-based child care; Home businesses; Home industries; Oyster aquaculture; Pond-based aquaculture; Recreation areas; Research stations; Secondary dwellings; Tank-based aquaculture; Water recycling facilities; Water supply systems

4 Prohibited

Industries; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3

Part 3 Exempt and complying development

3.1 Exempt development

(1)  The objective of this clause is to identify development of minimal environmental impact as exempt development.

(2)  Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development.

(3)  To be exempt development, the development—

(a)  must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and

(b)  must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and

(c)  must not be designated development, and

(d)  must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.

(4)  Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if—

(a)  the building has a current fire safety certificate or fire safety statement, or

(b)  no fire safety measures are currently implemented, required or proposed for the building.

(5)  To be exempt development, the development must—

(a)  be installed in accordance with the manufacturer’s specifications, if applicable, and

(b)  not involve the removal, pruning or other clearing of vegetation that requires a permit, development consent or other approval unless it is undertaken in accordance with a permit, development consent or other approval.

Note—

See State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 and Part 5A of the Local Land Services Act 2013.

(6)  A heading to an item in Schedule 2 is part of that Schedule.

3.2 Complying development

(1)  The objective of this clause is to identify development as complying development.

(2)  Development specified in Part 1 of Schedule 3 that is carried out in compliance with—

(a)  the development standards specified in relation to that development, and

(b)  the requirements of this Part,

is complying development.

Note—

See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances.

(3)  To be complying development, the development must—

(a)  be permissible, with development consent, in the zone in which it is carried out, and

(b)  meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and

(c)  have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land.

(4)  A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule.

(5)  A heading to an item in Schedule 3 is part of that Schedule.

3.3 Environmentally sensitive areas excluded

(1)  Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development.

(2)  For the purposes of this clause—

environmentally sensitive area for exempt or complying development means any of the following—

(a)  the coastal waters of the State,

(b)  a coastal lake,

(c)  land within the coastal wetlands and littoral rainforests area (within the meaning of the Coastal Management Act 2016),

(d)  land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,

(e)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,

(f)  land within 100 metres of land to which paragraph (c), (d) or (e) applies,

(g)  land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,

(h)  land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act,

(i)  land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,

(j)  land that is a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016 or declared critical habitat under Part 7A of the Fisheries Management Act 1994.

Part 4 Principal development standards

4.1 Minimum subdivision lot size

(1)  The objectives of this clause are as follows—

(a)  to minimise the cost to the community of—

(i)  fragmented and isolated development of rural land, and

(ii)  providing, extending and maintaining public amenities and services,

(b)  to ensure that the character and landscape setting of an area is protected and enhanced by any development,

(c)  to promote development on appropriately sized lots and to ensure access to available essential services.

(2)  This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan.

(3)  The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(4)  This clause does not apply in relation to the subdivision of any land—

(a)  by the registration of a strata plan or strata plan of subdivision under the Strata Schemes Development Act 2015, or

(b)  by any kind of subdivision under the Community Land Development Act 1989.

(4A)  Despite any other provision of this clause, land identified as “Area 1” or “Area 2” on the Lot Size Map may not be further subdivided.

4.1AA Minimum subdivision lot size for community title schemes

(1)  The objectives of this clause are as follows—

(a)  to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.

(2)  This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 1989 of land in any of the following zones—

(a)  Zone RU1 Primary Production,

(b)  Zone RU2 Rural Landscape,

(c)  Zone E3 Environmental Management,

(d)  Zone E4 Environmental Living,

but does not apply to a subdivision by the registration of a strata plan.

(3)  The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 1989) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

(4)  This clause applies despite clause 4.1.

4.1A Minimum lot sizes for dual occupancies, multi dwelling housing and residential flat buildings

(1)  The objective of this clause is to achieve planned residential density in certain zones.

(2)  Development consent may be granted to development on a lot in a zone shown in Column 2 of the table to this clause for a purpose shown in Column 1 of the table opposite that zone, if the area of the lot is equal to or greater than the area specified for that purpose and shown in Column 3 of the table.

Column 1	Column 2	Column 3
Dual occupancy	Zone RU5 Village	6,000 square metres
Dual occupancy (attached)	Zone R1 General Residential	(a)  400 square metres (in areas with a minimum lot size of 300 square metres on the Lot Size Map) (b)  500 square metres (in areas with a minimum lot size of 400 square metres on the Lot Size Map) (c)  700 square metres (in areas with a minimum lot size of 600 square metres on the Lot Size Map)
Dual occupancy (attached)	Zone R2 Low Density Residential	1,000 square metres
Dual occupancy (detached)	Zone R2 Low Density Residential	1,000 square metres
Dual occupancy (detached)	Zone R1 General Residential	(a)  500 square metres (in areas with a minimum lot size of 300 square metres on the Lot Size Map) (b)  600 square metres (in areas with a minimum lot size of 400 square metres on the Lot Size Map) (c)  800 square metres (in areas with a minimum lot size of 600 square metres on the Lot Size Map)
Multi dwelling housing	Zone R1 General Residential	(a)  600 square metres (in areas with a minimum lot size of 300 square metres on the Lot Size Map) (b)  800 square metres (in any other case)
Multi dwelling housing	Zone R2 Low Density Residential	1,200 square metres
Residential flat building	Zone R1 General Residential	(a)  600 square metres (in areas with a minimum lot size of 300 square metres on the Lot Size Map) (b)  800 square metres (in any other case)

4.1B Minimum subdivision lot size for certain split zones

(1)  The objectives of this clause are as follows—

(a)  to provide for the subdivision of lots that are within more than one zone but cannot be subdivided under clause 4.1, 4.1AA or 4.2C,

(b)  to ensure that the subdivision occurs in a manner that promotes sustainable land uses and development.

(2)  This clause applies to any lot (an original lot) that contains—

(a)  land in Zone RU5 Village or in a residential, business or industrial zone, and

(b)  land in a rural zone or environment protection zone.

(3)  Development consent may be granted to the subdivision of an original lot to create other lots if—

(a)  one of the resulting lots will contain—

(i)  all of the land of the original lot that is in a rural zone or environment protection zone, and

(ii)  land in Zone RU5 Village, or in a residential, business or industrial zone, that has an area not less than the minimum size shown on the Lot Size Map in relation to that land, and

(b)  each of the other resulting lots will have an area that is not less than the minimum size shown on the Lot Size Map in relation to that land.

(4)  Development consent may be granted to the subdivision of an original lot to create another lot that—

(a)  contains land in an environment protection zone, and

(b)  is less than the minimum size shown on the Lot Size Map in relation to that land,

but only if the consent authority is satisfied that the resulting lot will be used for a public purpose.

(5)  Subclauses (3) and (4) have effect despite clauses 4.1, 4.1AA and 4.2C.

(6)  Land identified as “Area 1” or “Area 2” on the Lot Size Map may not be subdivided under this clause.

(7)  Development consent may only be granted under this clause if the consent authority is satisfied that the subdivision—

(a)  is not likely to have a significant adverse impact on the environmental values of the land, and

(b)  will not compromise the continued protection or long-term maintenance of any land in an environment protection zone, and

(c)  is not likely to have a significant adverse impact on the primary production value of land in a rural zone.

(8)  In this clause, rural zone means Zone RU1 Primary Production, Zone RU2 Rural Landscape or Zone RU3 Forestry.

cl 4.1B: Ins 2017 (573), Sch 1.

4.2 Rural subdivision

(1)  The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone.

(2)  This clause applies to the following rural zones—

(a)  Zone RU1 Primary Production,

(b)  Zone RU2 Rural Landscape,

(baa)  Zone RU3 Forestry,

(c)  Zone RU4 Primary Production Small Lots,

(d)  Zone RU6 Transition.

Note—

When this Plan was made it did not include all of these zones.

(3)  Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land.

(4)  However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot.

(5)  A dwelling cannot be erected on such a lot.

Note—

A dwelling includes a rural worker’s dwelling (see definition of that term in the Dictionary).

4.2A Erection of dwelling houses, dual occupancies and secondary dwellings on land in certain rural and environment protection zones

(1)  The objectives of this clause are as follows—

(a)  to minimise unplanned rural residential development,

(b)  to enable the replacement of lawfully erected dwelling houses, dual occupancies and secondary dwellings in certain rural and environment protection zones.

(2)  This clause applies to land in the following zones—

(a)  Zone RU1 Primary Production,

(b)  Zone RU2 Rural Landscape,

(c)  Zone E3 Environmental Management,

(d)  Zone E4 Environmental Living.

(3)  Development consent must not be granted for the erection of a dwelling house, a dual occupancy or a secondary dwelling on land to which this clause applies unless the land—

(a)  is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land, or

(b)  is a lot created under an environmental planning instrument before this Plan commenced and on which the erection of a dwelling house, dual occupancy or secondary dwelling was permissible immediately before that commencement, or

(c)  is a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dwelling house, dual occupancy or secondary dwelling would have been permissible if the plan of subdivision had been registered before that commencement, or

(d)  is an existing holding, or

(e)  would have been a lot or a holding referred to in paragraph (a), (b), (c) or (d) had it not been affected by—

(i)  a minor realignment of its boundaries that did not create an additional lot, or

(ii)  a subdivision creating or widening a public road or public reserve or for another public purpose, or

(iii)  a consolidation with an adjoining public road or public reserve or for another public purpose.

Note—

A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2.

(4)  Development consent must not be granted under subclause (3) unless—

(a)  no dwelling house, dual occupancy or secondary dwelling has been erected on the land, and

(b)  if a development application has been made for development for the purpose of a dwelling house, a dual occupancy or a secondary dwelling on the land—the application has been refused or it was withdrawn before it was determined, and

(c)  if development consent has been granted in relation to such an application—the consent has been surrendered or it has lapsed.

(5)  Development consent may be granted for the erection of a dwelling house, a dual occupancy or a secondary dwelling on land to which this clause applies if there is a lawfully erected dwelling house, dual occupancy or secondary dwelling on the land and the dwelling house, dual occupancy or secondary dwelling to be erected is intended only to replace the existing dwelling house, dual occupancy or secondary dwelling.

(6)  Despite any other provision of this clause, development consent must not be granted for the erection of a dwelling house, a dual occupancy or a secondary dwelling on any lot that is not sewered and has a lot size that is less than 4,000 square metres.

(7)  In this clause—

existing holding means land that—

(a)  was a holding on the relevant date, and

(b)  is a holding at the time the application for development consent referred to in subclause (3) is lodged,

whether or not there has been a change in the ownership of the holding since the relevant date, and includes any other land adjoining that land acquired by the owner since the relevant date, but does not include land identified as “Evans” on the Former Boundaries Map.

holding means all adjoining land, even if separated by a road or railway, held by the same person or persons.

relevant date means—

(a)  for land identified as “Lithgow” on the Former Boundaries Map—2 December 1994, or

(b)  for land identified as “Rylstone” on the Former Boundaries Map—31 July 1970, or

(b)  for any other land—the date of lodgment of the development application for the erection of a dwelling house, dual occupancy or secondary dwelling.

Note—

The owner in whose ownership all the land is at the time the application is lodged need not be the same person as the owner in whose ownership all the land was on the stated date.

4.2B Erection of dwelling houses, dual occupancies and secondary dwellings in Zone RU5 and Zone R5

(1)  The objectives of this clause are as follows—

(a)  to ensure that development is undertaken on appropriately sized lots that have access to available essential services,

(b)  to manage development density affected by subdivision patterns approved under the planning instrument in force immediately before the commencement of this Plan.

(2)  This clause applies to land in the following zones—

(a)  Zone RU5 Village,

(b)  Zone R5 Large Lot Residential.

(3)  Development consent must not be granted for the erection of a dwelling house, dual occupancy or secondary dwelling on land to which this clause applies, and on which no dwelling house, a dual occupancy or a secondary dwelling has been erected, unless the lot—

(a)  is not smaller than the minimum size shown on the Lot Size Map in relation to that land, or

(b)  was created by a subdivision for which development consent was granted under an environmental planning instrument, and on which the erection of a dwelling house, dual occupancy or secondary dwelling would have been permissible, immediately before the commencement of this Plan, or

(c)  resulted from a subdivision for which development consent was granted under an environmental planning instrument, and on which the erection of a dwelling house, dual occupancy or secondary dwelling would have been permissible, if the plan of subdivision had been registered before the commencement of this Plan.

4.2C Minimum subdivision lot size for strata plan schemes in certain rural and environment protection zones

(1)  The objective of this clause is to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements.

(2)  This clause applies to land in the following zones that is used, or is proposed to be used, for dwellings, bed and breakfast accommodation or farm stay accommodation—

(a)  Zone RU1 Primary Production,

(b)  Zone RU2 Rural Landscape,

(c)  Zone E3 Environmental Management,

(d)  Zone E4 Environmental Living.

(3)  The size of any lot resulting from a subdivision of land to which this clause applies for a strata plan scheme (other than any lot comprising common property within the meaning of the Strata Schemes (Freehold Development) Act 1973 or Strata Schemes (Leasehold Development) Act 1986) is not to be less than the minimum size shown on the Lot Size Map in relation to that land.

Note—

Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that strata subdivision of a building in certain circumstances is specified complying development.

4.3 Height of buildings

[Not adopted]

4.4 Floor space ratio

[Not adopted]

4.5 Calculation of floor space ratio and site area

[Not applicable]

4.6 Exceptions to development standards

(1)  The objectives of this clause are as follows—

(a)  to provide an appropriate degree of flexibility in applying certain development standards to particular development,

(b)  to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

(2)  Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

(3)  Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating—

(a)  that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and

(b)  that there are sufficient environmental planning grounds to justify contravening the development standard.

(4)  Development consent must not be granted for development that contravenes a development standard unless—

(a)  the consent authority is satisfied that—

(i)  the applicant’s written request has adequately addressed the matters required to be demonstrated by subclause (3), and

(ii)  the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and

(b)  the concurrence of the Planning Secretary has been obtained.

(5)  In deciding whether to grant concurrence, the Planning Secretary must consider—

(a)  whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and

(b)  the public benefit of maintaining the development standard, and

(c)  any other matters required to be taken into consideration by the Planning Secretary before granting concurrence.

(6)  Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living if—

(a)  the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or

(b)  the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard.

Note—

When this Plan was made it did not include all of these zones.

(7)  After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant’s written request referred to in subclause (3).

(8)  This clause does not allow development consent to be granted for development that would contravene any of the following—

(a)  a development standard for complying development,

(b)  a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated,

(c)  clause 5.4,

(ca)  clause 4.2A (6), 6.1 or 6.2.

Part 5 Miscellaneous provisions

5.1 Relevant acquisition authority

(1)  The objective of this clause is to identify, for the purposes of section 3.15 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions).

Note—

If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land.

(2)  The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions).

Type of land shown on Map	Authority of the State
Zone RE1 Public Recreation and marked “Local open space”	Council
Zone RE1 Public Recreation and marked “Regional open space”	The corporation constituted under section 2.5 of the Act
Zone SP2 Infrastructure and marked “Classified road”	Roads and Maritime Services
Zone E1 National Parks and Nature Reserves and marked “National Park”	Minister administering the National Parks and Wildlife Act 1974

(3)  Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose.

5.2 Classification and reclassification of public land

(1)  The objective of this clause is to enable the Council to classify or reclassify public land as “operational land” or “community land” in accordance with Part 2 of Chapter 6 of the Local Government Act 1993.

Note—

Under the Local Government Act 1993, “public land” is generally land vested in or under the control of a council (other than roads and certain Crown land). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land.

(2)  The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993.

(3)  The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993.

(4)  The public land described in Part 1 of Schedule 4—

(a)  does not cease to be a public reserve to the extent (if any) that it is a public reserve, and

(b)  continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land.

(5)  The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except—

(a)  those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and

(b)  any reservations that except land out of the Crown grant relating to the land, and

(c)  reservations of minerals (within the meaning of the Crown Land Management Act 2016).

Note—

In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4.

5.3 Development near zone boundaries

(1)  The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone.

(2)  This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 50 metres.

(3)  This clause does not apply to—

(a)  land in Zone RE1 Public Recreation, Zone E1 National Parks and Nature Reserves, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone W1 Natural Waterways, or

(aa)  land in Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone R1 General Residential, Zone R2 Low Density Residential, Zone R5 Large Lot Residential, Zone B1 Neighbourhood Centre, Zone B2 Local Centre, Zone B4 Mixed Use, Zone B6 Enterprise Corridor, Zone B7 Business Park or Zone E4 Environmental Living, or

(b)  land within the coastal zone, or

(c)  land proposed to be developed for the purpose of sex services or restricted premises.

Note—

When this Plan was made it did not include all of these zones.

(4)  Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—

(a)  the development is not inconsistent with the objectives for development in both zones, and

(b)  the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land.

(5)  This clause does not prescribe a development standard that may be varied under this Plan.

5.4 Controls relating to miscellaneous permissible uses

(1) Bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 4 bedrooms.

Note—

Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia.

(2) Home businesses If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 30 square metres of floor area.

(3) Home industries If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 50 square metres of floor area.

(4) Industrial retail outlets If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed—

(a)  25% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or

(b)  400 square metres,

whichever is the lesser.

(5) Farm stay accommodation If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 5 bedrooms.

(6) Kiosks If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 40 square metres.

(7) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 120 square metres.

(7AA) Neighbourhood supermarkets If development for the purposes of a neighbourhood supermarket is permitted under this Plan, the gross floor area must not exceed 1,000 square metres.

(8) Roadside stalls If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 25 square metres.

(9) Secondary dwellings If development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater—

(a)  60 square metres,

(b)  30% of the total floor area of the principal dwelling.

(10) Artisan food and drink industry exclusion If development for the purposes of an artisan food and drink industry is permitted under this Plan in an industrial or rural zone, the floor area used for retail sales (not including any cafe or restaurant area) must not exceed—

(a)  25% of the gross floor area of the industry, or

(b)  400 square metres,

whichever is the lesser.

cl 5.4: Am 2018 (406), Sch 1.84 [1] [2].

5.5 (Repealed)

5.6 Architectural roof features

[Not adopted]

5.7 Development below mean high water mark

[Not applicable]

5.8 Conversion of fire alarms

(1)  This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.

(2)  The following development may be carried out, but only with development consent—

(a)  converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider,

(b)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider,

(c)  converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider.

(3)  Development to which subclause (2) applies is complying development if it consists only of—

(a)  internal alterations to a building, or

(b)  internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm.

(4)  A complying development certificate for any such complying development is subject to a condition that any building work may only be carried out between 7.00 am and 6.00 pm on Monday to Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a Sunday or a public holiday.

(5)  In this clause—

private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems.

5.9, 5.9AA (Repealed)

5.10 Heritage conservation

Note—

Heritage items (if any) are listed and described in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 5.

(1) Objectives The objectives of this clause are as follows—

(a)  to conserve the environmental heritage of Lithgow,

(b)  to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views,

(c)  to conserve archaeological sites,

(d)  to conserve Aboriginal objects and Aboriginal places of heritage significance.

(2) Requirement for consent Development consent is required for any of the following—

(a)  demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance)—

(i)  a heritage item,

(ii)  an Aboriginal object,

(iii)  a building, work, relic or tree within a heritage conservation area,

(b)  altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item,

(c)  disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed,

(d)  disturbing or excavating an Aboriginal place of heritage significance,

(e)  erecting a building on land—

(i)  on which a heritage item is located or that is within a heritage conservation area, or

(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance,

(f)  subdividing land—

(i)  on which a heritage item is located or that is within a heritage conservation area, or

(ii)  on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance.

(3) When consent not required However, development consent under this clause is not required if—

(a)  the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development—

(i)  is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and

(ii)  would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or

(b)  the development is in a cemetery or burial ground and the proposed development—

(i)  is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and

(ii)  would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or

(c)  the development is limited to the removal of a tree or other vegetation that the Council is satisfied is a risk to human life or property, or

(d)  the development is exempt development.

(4) Effect of proposed development on heritage significance The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6).

(5) Heritage assessment The consent authority may, before granting consent to any development—

(a)  on land on which a heritage item is located, or

(b)  on land that is within a heritage conservation area, or

(c)  on land that is within the vicinity of land referred to in paragraph (a) or (b),

require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned.

(6) Heritage conservation management plans The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause.

(7) Archaeological sites The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies)—

(a)  notify the Heritage Council of its intention to grant consent, and

(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(8) Aboriginal places of heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance—

(a)  consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and

(b)  notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent.

(9) Demolition of nominated State heritage items The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item—

(a)  notify the Heritage Council about the application, and

(b)  take into consideration any response received from the Heritage Council within 28 days after the notice is sent.

(10) Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that—

(a)  the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and

(b)  the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and

(c)  the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and

(d)  the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and

(e)  the proposed development would not have any significant adverse effect on the amenity of the surrounding area.

5.11 Bush fire hazard reduction

Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent.

Note—

The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land.

5.12 Infrastructure development and use of existing buildings of the Crown

(1)  This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Infrastructure) 2007.

(2)  This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.

5.13 Eco-tourist facilities

(1)  The objectives of this clause are as follows—

(a)  to maintain the environmental and cultural values of land on which development for the purposes of eco-tourist facilities is carried out,

(b)  to provide for sensitively designed and managed eco-tourist facilities that have minimal impact on the environment both on and off-site.

(2)  This clause applies if development for the purposes of an eco-tourist facility is permitted with development consent under this Plan.

(3)  The consent authority must not grant consent under this Plan to carry out development for the purposes of an eco-tourist facility unless the consent authority is satisfied that—

(a)  there is a demonstrated connection between the development and the ecological, environmental and cultural values of the site or area, and

(b)  the development will be located, constructed, managed and maintained so as to minimise any impact on, and to conserve, the natural environment, and

(c)  the development will enhance an appreciation of the environmental and cultural values of the site or area, and

(d)  the development will promote positive environmental outcomes and any impact on watercourses, soil quality, heritage and native flora and fauna will be minimal, and

(e)  the site will be maintained (or regenerated where necessary) to ensure the continued protection of natural resources and enhancement of the natural environment, and

(f)  waste generation during construction and operation will be avoided and that any waste will be appropriately removed, and

(g)  the development will be located to avoid visibility above ridgelines and against escarpments and from watercourses and that any visual intrusion will be minimised through the choice of design, colours, materials and landscaping with local native flora, and

(h)  any infrastructure services to the site will be provided without significant modification to the environment, and

(i)  any power and water to the site will, where possible, be provided through the use of passive heating and cooling, renewable energy sources and water efficient design, and

(j)  the development will not adversely affect the agricultural productivity of adjoining land, and

(k)  the following matters are addressed or provided for in a management strategy for minimising any impact on the natural environment—

(i)  measures to remove any threat of serious or irreversible environmental damage,

(ii)  the maintenance (or regeneration where necessary) of habitats,

(iii)  efficient and minimal energy and water use and waste output,

(iv)  mechanisms for monitoring and reviewing the effect of the development on the natural environment,

(v)  maintaining improvements on an on-going basis in accordance with relevant ISO 14000 standards relating to management and quality control.

5.14 Siding Spring Observatory—maintaining dark sky

[Not adopted]

5.15 Defence communications facility

[Not adopted]

5.16 Subdivision of, or dwellings on, land in certain rural, residential or environment protection zones

(1)  The objective of this clause is to minimise potential land use conflict between existing and proposed development on land in the rural, residential or environment protection zones concerned (particularly between residential land uses and other rural land uses).

(2)  This clause applies to land in the following zones—

(a)  Zone RU1 Primary Production,

(b)  Zone RU2 Rural Landscape,

(c)  Zone RU3 Forestry,

(d)  Zone RU4 Primary Production Small Lots,

(e)  Zone RU6 Transition,

(f)  Zone R5 Large Lot Residential,

(g)  Zone E2 Environmental Conservation,

(h)  Zone E3 Environmental Management,

(i)  Zone E4 Environmental Living.

(3)  A consent authority must take into account the matters specified in subclause (4) in determining whether to grant development consent to development on land to which this clause applies for either of the following purposes—

(a)  subdivision of land proposed to be used for the purposes of a dwelling,

(b)  erection of a dwelling.

(4)  The following matters are to be taken into account—

(a)  the existing uses and approved uses of land in the vicinity of the development,

(b)  whether or not the development is likely to have a significant impact on land uses that, in the opinion of the consent authority, are likely to be preferred and the predominant land uses in the vicinity of the development,

(c)  whether or not the development is likely to be incompatible with a use referred to in paragraph (a) or (b),

(d)  any measures proposed by the applicant to avoid or minimise any incompatibility referred to in paragraph (c).

5.17 Artificial waterbodies in environmentally sensitive areas in areas of operation of irrigation corporations

[Not applicable]

5.18 Intensive livestock agriculture

(1)  The objectives of this clause are—

(a)  to ensure appropriate environmental assessment of development for the purpose of intensive livestock agriculture that is permitted with consent under this Plan, and

(b)  to provide for certain capacity thresholds below which development consent is not required for that development subject to certain restrictions as to location.

(2)  This clause applies if development for the purpose of intensive livestock agriculture is permitted with consent under this Plan.

(3)  In determining whether or not to grant development consent under this Plan to development for the purpose of intensive livestock agriculture, the consent authority must take the following into consideration—

(a)  the adequacy of the information provided in the statement of environmental effects or (if the development is designated development) the environmental impact statement accompanying the development application,

(b)  the potential for odours to adversely impact on the amenity of residences or other land uses within the vicinity of the site,

(c)  the potential for the pollution of surface water and ground water,

(d)  the potential for the degradation of soils,

(e)  the measures proposed to mitigate any potential adverse impacts,

(f)  the suitability of the site in the circumstances,

(g)  whether the applicant has indicated an intention to comply with relevant industry codes of practice for the health and welfare of animals,

(h)  the consistency of the proposal with, and any reasons for departing from, the environmental planning and assessment aspects of any guidelines for the establishment and operation of relevant types of intensive livestock agriculture published, and made available to the consent authority, by the Department of Primary Industries (within the Department of Industry) and approved by the Planning Secretary.

(4)  Despite any other provision of this Plan, development for the purpose of intensive livestock agriculture may be carried out without development consent if—

(a)  the development is of a type specified in subclause (5), and

(b)  the consent authority is satisfied that the development will not be located—

(i)  in an environmentally sensitive area, or

(ii)  within 100 metres of a natural watercourse, or

(iii)  in a drinking water catchment, or

(iv)  within 500 metres of any dwelling that is not associated with the development, or a residential zone, or

(v)  if the development is a poultry farm—within 500 metres of another poultry farm.

(5)  The following types of development are specified for the purposes of subclause (4)—

(a)  a cattle feedlot having a capacity to accommodate fewer than 50 head of cattle,

(b)  a goat feedlot having a capacity to accommodate fewer than 200 goats,

(c)  a sheep feedlot having a capacity to accommodate fewer than 200 sheep,

(d)  a pig farm having a capacity to accommodate fewer than 20 breeding sows, or fewer than 200 pigs (of which fewer than 20 may be breeding sows),

(e)  a dairy (restricted) having a capacity to accommodate fewer than 50 dairy cows,

(f)  a poultry farm having a capacity to accommodate fewer than 1,000 birds for meat or egg production (or both).

(6)  For the avoidance of doubt, subclause (4) does not apply to development that is prohibited or that may be carried out without development consent under this or any other environmental planning instrument.

(7)  In this clause—

environmentally sensitive area has the same meaning as in clause 1.5 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

residential zone means Zone RU4 Primary Production Small Lots, Zone RU5 Village, Zone RU6 Transition, Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone R5 Large Lot Residential, Zone B4 Mixed Use, Zone B6 Enterprise Corridor, Zone E3 Environmental Management or Zone E4 Environmental Living.

5.19 Pond-based, tank-based and oyster aquaculture

(1) Objectives The objectives of this clause are as follows—

(a)  to encourage sustainable oyster, pond-based and tank-based aquaculture in the State, namely, aquaculture development that uses, conserves and enhances the community’s resources so that the total quality of life now and in the future can be preserved and enhanced,

(b)  to set out the minimum site location and operational requirements for permissible pond-based and tank-based aquaculture development.

(2) Pond-based or tank-based aquaculture—matters of which consent authority must be satisfied before granting consent The consent authority must not grant development consent to carry out development for the purpose of pond-based aquaculture or tank-based aquaculture unless the consent authority is satisfied of the following—

(a)  that the development complies with the site location and operational requirements set out in Part 1 of Schedule 6 for the development,

(b)  in the case of—

(i)  pond-based aquaculture or tank-based aquaculture in Zone R1 General Residential, Zone R2 Low Density Residential or Zone R5 Large Lot Residential—that the development is for the purpose of small scale aquarium fish production, and

(ii)  pond-based aquaculture in Zone E3 Environmental Management or Zone E4 Environmental Living—that the development is for the purpose of extensive aquaculture, and

(iii)  tank-based aquaculture in Zone R3 Medium Density Residential, Zone E3 Environmental Management or Zone E4 Environmental Living—that the development is for the purpose of small scale aquarium fish production, and

(iv)  pond-based aquaculture or tank-based aquaculture in Zone W1 Natural Waterways, Zone W2 Recreational Waterways or Zone W3 Working Waterways—that the development will use waterways to source water.

(3)  The requirements set out in Part 1 of Schedule 6 are minimum requirements and do not limit the matters a consent authority is required to take into consideration under the Act or the conditions that it may impose on any development consent.

(4) Extensive pond-based aquaculture permitted without consent in certain zones Development for the purpose of pond-based aquaculture, that is also extensive aquaculture, may be carried out without development consent if—

(a)  the development is carried out in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots or Zone RU6 Transition, and

(b)  the development complies with the site location requirements and operational requirements set out in Part 2 of Schedule 6.

(5) Oyster aquaculture—additional matters that consent authority must consider in determining a development application In determining a development application for development for the purpose of oyster aquaculture, the consent authority must consider—

(a)  any provisions of any aquaculture industry development plan that are relevant to the subject of the development application, and

(b)  the NSW Oyster Industry Sustainable Aquaculture Strategy.

(6) Oyster aquaculture permitted without consent in priority oyster aquaculture areas Development for the purpose of oyster aquaculture may be carried out without development consent—

(a)  on land that is wholly within a priority oyster aquaculture area, or

(b)  on land that is partly within and partly outside a priority oyster aquaculture area, but only if the land outside the area is no more than 0.1 hectare in area.

(7) Definitions In this clause—

aquaculture industry development plan means an aquaculture industry development plan published under Part 6 of the Fisheries Management Act 1994.

extensive aquaculture has the same meaning as in the Fisheries Management (Aquaculture) Regulation 2017.

NSW Oyster Industry Sustainable Aquaculture Strategy means the third edition of the publication of that title, as published in 2016 by the Department of Primary Industries (within the Department of Industry).

priority oyster aquaculture area means an area identified as a priority oyster aquaculture area on a map referred to in Chapter 5.3 of the NSW Oyster Industry Sustainable Aquaculture Strategy, being a map a copy of which is held in the head office of the Department of Primary Industries (within the Department of Industry) and published on that Department’s website.

5.20 Standards that cannot be used to refuse consent—playing and performing music

(1)  The consent authority must not refuse consent to development in relation to licensed premises on the following grounds—

(a)  the playing or performance of music, including the following—

(i)  the genre of music played or performed, or

(ii)  whether the music played or performed is live or amplified, or

(iii)  whether the music played or performed is original music, or

(iv)  the number of musicians or live entertainment acts playing or performing, or

(v)  the type of instruments played,

(b)  whether dancing occurs,

(c)  the presence or use of a dance floor or another area ordinarily used for dancing,

(d)  the direction in which a stage for players or performers faces,

(e)  the decorations to be used, including, for example, mirror balls, or lighting used by players or performers.

(2)  The consent authority must not refuse consent to development in relation to licensed premises on the grounds of noise caused by the playing or performance of music, if the consent authority is satisfied the noise may be managed and minimised to an acceptable level.

(3)  In this clause—

licensed premises has the same meaning as in the Liquor Act 2007.

Part 6 Urban release areas

6.1 Arrangements for designated State public infrastructure

(1)  The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes.

(2)  Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot.

(3)  Subclause (2) does not apply to—

(a)  any lot identified in the certificate as a residue lot, or

(b)  any lot to be created by a subdivision of land that was the subject of a previous development consent granted in accordance with this clause, or

(c)  any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or

(d)  a subdivision for the purpose only of rectifying an encroachment on any existing lot.

(4)  This clause does not apply to land in an urban release area if all or any part of the land is in a special contributions area (as defined by section 7.1 of the Act).

cl 6.1: Am 2019 (621), Sch 5[5].

6.2 Public utility infrastructure

(1)  Development consent must not be granted for development on land in an urban release area unless the Council is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when it is required.

(2)  This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.

6.3 Development control plan

(1)  The objective of this clause is to ensure that development on land in an urban release area occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land.

(2)  Development consent must not be granted for development on land in an urban release area unless a development control plan that provides for the matters specified in subclause (3) has been prepared for the land.

(3)  The development control plan must provide for all of the following—

(a)  a staging plan for the timely and efficient release of urban land, making provision for necessary infrastructure and sequencing,

(b)  an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists,

(c)  an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain,

(d)  a network of active and passive recreation areas,

(e)  stormwater and water quality management controls,

(f)  amelioration of natural and environmental hazards, including bush fire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected,

(g)  detailed urban design controls for significant development sites,

(h)  measures to encourage higher density living around transport, open space and service nodes,

(i)  measures to accommodate and control appropriate neighbourhood commercial and retail uses,

(j)  suitably located public facilities and services, including provision for appropriate traffic management facilities and parking.

(4)  Subclause (2) does not apply to development for any of the following purposes—

(a)  a subdivision for the purpose of a realignment of boundaries that does not create additional lots,

(b)  a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environment protection purpose,

(c)  a subdivision of land in a zone in which the erection of structures is prohibited,

(d)  development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the development would be consistent with the objectives of the zone in which the land is situated.

6.4 Relationship between Part and remainder of Plan

A provision of this Part prevails over any other provision of this Plan to the extent of any inconsistency.

Part 7 Additional local provisions

7.1 Earthworks

(1)  The objective of this clause is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land.

(2)  Development consent is required for earthworks unless—

(a)  the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or

(b)  the earthworks are ancillary to development that is permitted without consent under this Plan or to development for which development consent has been given.

(3)  In deciding whether to grant development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters—

(a)  the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development,

(b)  the effect of the development on the likely future use or redevelopment of the land,

(c)  the quality of the fill or the soil to be excavated, or both,

(d)  the effect of the development on the existing and likely amenity of adjoining properties,

(e)  the source of any fill material and the destination of any excavated material,

(f)  the likelihood of disturbing relics,

(g)  the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area,

(h)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development,

(i)  the proximity to, and potential for adverse impacts on, any heritage item, archaeological site or heritage conservation area.

Note—

The National Parks and Wildlife Act 1974, particularly section 86, deals with harming Aboriginal objects.

7.2 Flood planning

(1)  The objectives of this clause are as follows—

(a)  to minimise the flood risk to life and property associated with the use of land,

(b)  to allow development on land that is compatible with the land’s flood hazard, taking into account projected changes as a result of climate change,

(c)  to avoid significant adverse impacts on flood behaviour and the environment.

(2)  This clause applies to—

(a)  land identified as “Flood planning area” on the Flood Planning Map, and

(b)  other land at or below the flood planning level.

(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development—

(a)  is compatible with the flood hazard of the land, and

(b)  will not significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and

(c)  incorporates appropriate measures to manage risk to life from flood, and

(d)  will not significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and

(e)  is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

(4)  A word or expression used in this clause has the same meaning as it has in the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government in April 2005, unless it is otherwise defined in this clause.

(5)  In this clause—

flood planning level means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard.

7.3 Stormwater management

(1)  The objective of this clause is to minimise the impacts of urban stormwater on land to which this clause applies and on adjoining properties, native bushland and receiving waters.

(2)  This clause applies to all land in the following zones—

(a)  Zone RU5 Village,

(b)  all residential, business and industrial zones.

(3)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development—

(a)  is designed to maximise the use of water permeable surfaces on the land having regard to the soil characteristics affecting on-site infiltration of water, and

(b)  includes, if practicable, on-site stormwater retention for use as an alternative supply to mains water, groundwater or river water, and

(c)  avoids any significant adverse impacts of stormwater runoff on adjoining properties, native bushland and receiving waters, or if that impact cannot be reasonably avoided, minimises and mitigates the impact.

7.4 Terrestrial biodiversity

(1)  The objective of this clause is to maintain terrestrial biodiversity by—

(a)  protecting native fauna and flora, and

(b)  protecting the ecological processes necessary for their continued existence, and

(c)  encouraging the conservation and recovery of native fauna and flora and their habitats.

(2)  This clause applies to land identified as “Biodiversity” on the Environmentally Sensitive Areas—Biodiversity Overlay Map.

(3)  In deciding whether to grant development consent for development on land to which this clause applies, the consent authority must consider—

(a)  whether the development is likely to have—

(i)  any adverse impact on the condition, ecological value and significance of the fauna and flora on the land, and

(ii)  any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and

(iii)  any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and

(iv)  any adverse impact on the habitat elements providing connectivity on the land, and

(b)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—

(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

(b)  if that impact cannot be reasonably avoided by adopting feasible alternatives—the development is designed, sited and will be managed to minimise that impact, or

(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.

7.5 Groundwater vulnerability

(1)  The objectives of this clause are as follows—

(a)  to maintain the hydrological functions of key groundwater systems,

(b)  to protect vulnerable groundwater resources from depletion and contamination as a result of development.

(2)  This clause applies to land identified as “Groundwater Vulnerable” on the Environmentally Sensitive Areas—Water Overlay Map.

(3)  In deciding whether to grant development consent for development on land to which this clause applies, the consent authority must consider the following—

(a)  the likelihood of groundwater contamination from the development (including from any on-site storage or disposal of solid or liquid waste and chemicals),

(b)  any adverse impacts the development may have on groundwater dependent ecosystems,

(c)  the cumulative impact the development may have on groundwater (including impacts on nearby groundwater extraction for a potable water supply or stock water supply),

(d)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—

(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

(b)  if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or

(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.

7.6 Riparian land and watercourses

(1)  The objective of this clause is to protect and maintain the following—

(a)  water quality within watercourses,

(b)  the stability of the bed and banks of watercourses,

(c)  aquatic and riparian habitats,

(d)  ecological processes within watercourses and riparian areas.

(2)  This clause applies to all of the following—

(a)  land identified as “Sensitive Waterway” on the Environmentally Sensitive Areas—Water Overlay Map,

(b)  all land that is within 40 metres of the top of the bank (measured horizontally) of land identified as “Watercourse” on that map.

(3)  In deciding whether to grant development consent for development on land to which this clause applies, the consent authority must consider—

(a)  whether or not the development is likely to have any adverse impact on the following—

(i)  the water quality and flows within the watercourse,

(ii)  aquatic and riparian species, habitats and ecosystems of the watercourse,

(iii)  the stability of the bed and banks of the watercourse,

(iv)  the free passage of fish and other aquatic organisms within or along the watercourse,

(v)  any future rehabilitation of the watercourse and riparian areas, and

(b)  whether or not the development is likely to increase water extraction from the watercourse, and

(c)  any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development.

(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—

(a)  the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or

(b)  if that impact cannot be reasonably avoided—the development is designed, sited and will be managed to minimise that impact, or

(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.

7.7 Sensitive lands

(1)  The objective of this clause is to protect, maintain and improve the diversity and stability of landscapes including the restriction of—

(a)  development on land generally unsuitable for development due to steep slopes or shallow soils, and

(b)  development on land subject to salinity, and

(c)  the removal of native vegetation, and

(d)  development on land that is subject to regular or permanent inundation, and

(e)  development on land that is within significant karst environments.

(2)  This clause applies to land identified as “Sensitive Land Areas” on the Environmentally Sensitive Areas—Land Overlay Map.

(3)  Before determining a development application for development on land to which this clause applies, the consent authority must consider whether the development is likely to have any adverse impact on the following—

(a)  any land with slopes greater than 25%,

(b)  any land subject to high erosion potential,

(c)  any land subject to salinity or impeded drainage,

(d)  any land subject to regular or permanent inundation,

(e)  any significant karst environment (including ecological, air quality and movement, water quality, biodiversity, geodiversity (geomorphical and geological), heritage, recreational and sociological values).

(4)  Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that—

(a)  the development is designed, sited and will be managed to avoid significant adverse environmental impact, or

(b)  if that impact cannot be avoided—the development is designed, sited and will be managed to minimise that impact, or

(c)  if that impact cannot be minimised—the development will be managed to mitigate that impact.

7.8 Development within a designated buffer area

(1)  The objective of this clause is to protect the operational environment of sewage treatment plants, waste disposal facilities and water treatment facilities, and to limit the impact of these facilities on proposed sensitive land uses.

(2)  This clause applies to land identified as “Facilities Buffer Zone” on the Facilities Buffer Zone Map.

(3)  Before granting development consent for development on land to which this clause applies, the consent authority must consider the following—

(a)  the impact that any noise and other emissions associated with existing land uses would have on the development,

(b)  any measures incorporated into the development that would limit the impact of noise, odour and other emissions associated with the existing land use,

(c)  any opportunities to relocate the development outside the land to which this clause applies,

(d)  whether the proposed development would adversely affect the operational environment of any existing development on the land to which this clause applies.

7.9 Active street frontages

(1)  The objective of this clause is to promote uses that attract pedestrian traffic along certain ground floor street frontages in Zone B2 Local Centre.

(2)  This clause applies to land identified as “Active street frontage” on the Active Street Frontages Map.

(3)  Development consent must not be granted to the erection of a building, or a change of use of a building, on land to which this clause applies unless the consent authority is satisfied that the building will have an active street frontage after its erection or change of use.

(4)  Despite subclause (3), an active street frontage is not required for any part of a building that is used for any of the following—

(a)  entrances and lobbies (including as part of mixed use development),

(b)  access for fire services,

(c)  vehicular access.

(5)  In this clause, a building has an active street frontage if all premises on the ground floor of the building facing the street are used for the purposes of business premises or retail premises.

7.10 Essential services

Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the development are available or that adequate arrangements have been made to make them available when required—

(a)  the supply of water,

(b)  the supply of electricity,

(c)  the disposal and management of sewage,

(d)  stormwater drainage or on-site conservation,

(e)  suitable vehicular access.

7.11 Existing dwellings on unsubdivided land

(1)  This clause applies to the following land at—

(a)  Doctors Gap, being Lot 86, DP 751650, Lot 1, DP 34434 and Lot 3, DP 722304,

(b)  East Corney Town, being Lot 100, DP 1088253 and Lot 12, DP 239627,

(c)  Windy Gully, being Lot 7314, DP 1142033.

(2)  Despite any other provision of this Plan, land to which this clause applies may be subdivided into lots of any size provided that—

(a)  each lot created contains one or more existing dwellings, and

(b)  the Council is satisfied that each lot—

(i)  can effectively treat and dispose of wastewater within the boundaries of the lot, and

(ii)  can provide satisfactory access to a public road, and

(iii)  does not prejudice any likely future development of the land.

7.12 Development in Pottery Estate

(1)  The objectives of this clause are as follows—

(a)  to ensure that the development of land known as Pottery Estate is planned in an orderly manner and achieves appropriate built form,

(b)  to ensure that the development has regard to the unique environmental constraints and opportunities of the land,

(c)  to ensure that the development of this land is appropriately serviced.

(2)  This clause applies to land identified as “Pottery Estate” on the Pottery Estate Development Map.

(3)  Development consent must not be granted for development on land to which this clause applies unless the consent authority has taken into consideration a development control plan approved by the Council for that purpose that contains comprehensive provisions relating to, but not limited to—

(a)  the layout and design of both vehicular and pedestrian traffic through that land, and

(b)  the need to integrate the mixed land uses of the land through appropriate design and buffers, and

(c)  minimising the impact of development on the heritage significance of the cultural landscape, including both the built and archaeological heritage items on the land and proposed means of conservation management, and

(d)  any areas of land that may need restrictions due to the impact of mine subsidence, slope, bush fire, flooding or inundation or any other identifiable hazard, and

(e)  investigation and identification of any areas of land affected by contamination and the means to alleviate any risk of injury or harm, and

(f)  stormwater and water quality management, and

(g)  the conservation of natural watercourses, and

(h)  the protection of any potential habitat of any identified threatened species of flora and fauna, in particular the Purple Copper Butterfly (Paralucia spinifera), and

(i)  good design principles relating to building heights and setbacks, densities, materials, colours, form and scale, and

(j)  the servicing of the land, and

(k)  management of open space and public lands.

7.13 Location of sex services premises

(1)  The objective of this clause is to minimise land use conflicts and adverse amenity impacts by providing a reasonable level of separation between sex services premises, specified land uses and places regularly frequented by children.

(2)  In deciding whether to grant development consent to development for the purposes of sex services premises, the consent authority must consider the following—

(a)  whether the premises will be located on land that adjoins, is directly opposite or is separated only by a local road from land—

(i)  in Zone R1 General Residential, Zone R2 Low Density Residential or Zone RE1 Public Recreation, or

(ii)  used for the purposes of a centre-based child care facility, a community facility, a school or a place of public worship,

(b)  the impact of the proposed development and its hours of operation on any place likely to be regularly frequented by children—

(i)  that adjoins the development, or

(ii)  that can be viewed from the development, or

(iii)  from which a person can view the development.

cl 7.13: Am 2017 (493), Sch 1.2 [1].

Schedule 1 Additional permitted uses

(Clause 2.5)

1 Use of certain land at Bowenfels and South Bowenfels

(1)  This clause applies to land at Bowenfels and South Bowenfels that is in Zone B1 Neighbourhood Centre.

(2)  Development for the purposes of neighbourhood shops is permitted with development consent if the retail floor area of the shop does not exceed 300m².

2 Use of certain land at Hoskins Avenue, Lithgow

(1)  This clause applies to land at Hoskins Avenue, Lithgow, being Lot 1, DP 1198292.

(2)  Development for the purposes of office premises is permitted with development consent.

sch 1: Am 2015 (691), cl 5 (1).

Schedule 2 Exempt development

(Clause 3.1)

Note 1—

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.

Note 2—

Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.

(When this Plan was made this Schedule was blank)

Schedule 3 Complying development

(Clause 3.2)

Note—

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy.

Part 1 Types of development

(When this Plan was made this Part was blank)

Part 2 Complying development certificate conditions

Note—

Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan.

General conditions

Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

Schedule 4 Classification and reclassification of public land

(Clause 5.2)

Part 1 Land classified, or reclassified, as operational land—no interests changed

Column 1	Column 2
Locality	Description
Ben Bullen	Lot 1, DP 382576, Ben Bullen
Clarence	Lot 2, DP 719201, disused transportable building, Petra Avenue
Clarence	Lot 1, DP 917875, Chifley Road
Dark Corner	Lot 1988, DP 787675, Dark Corner Rural Fire Brigade
Glen Alice	Lots 10–12, Section 1, DP 758445, CNL 81486, Glen Alice Bush Fire Shed
Glen Davis	Lot 9, Section 1, DP 758446, Market Place
Glen Davis	Lot 20, Section 6, DP 758446, Market Place
Lithgow	Lots 298 and 299, DP 751650, Lot 100, DP 1003963, Gumnut House Childcare Centre, Proto Avenue
Lithgow	Lot 3, DP 1005128, Rural Fire Service Control Centre, Silcock Street
Lithgow	Lot 4, DP 840077, 31 Eskbank Street
Lithgow	Lot 1, DP 534993, SES/VRA Building, Mort Street
Lithgow	Lot 46, DP 262218, Integral transformer, Blaxland Street
Lithgow	Lots A and B, DP 344745, Lithgow Library and Learning Centre, Main Street
Lithgow	Lot 139, DP 1011056, Lots 141 and 142, DP 1011056, laneway off Musket Parade
Lithgow	Lot 12, Section 1, DP 3096, Hassans Street road verge, South Bowenfels
Lithgow	Lot 34, DP 26281, laneway off Musket Parade
Lithgow	Lot 32, Section 4, DP 416, roadway, Ramsay Street
Lithgow	Lot 857, DP 24785, laneway, Carbine Street
Lithgow	Lot B, DP 9370, Musket Parade laneway
Lithgow	Lots 1–3, Section B, DP 3998, Sandford Avenue
Lithgow	Lot 1, DP 715582, Pillans Lane
Lithgow	Lot 55, DP 1124083, Industrial land, Inch Street
Lithgow	Lot 1, DP 723731, access way
Lithgow	Lot 22, DP 773810, Mort Street
Lithgow	Lot 2, DP 1063404, Inch Street
Lithgow	Lots A and D, DP 376167, Geordie Street
Lithgow	Lot 3, DP 812149, road verge
Lithgow	Lot 8, DP 29016, Hughes and Longworth Streets
Lithgow	Lot 21, DP 635219, entrance to car park, Mort Street
Lithgow	Lots D and E, DP 36295, Lot 16, DP 253969, Great Western Highway verge
Lithgow	Lot F, DP 36295, Great Western Highway road verge
Lithgow	Lot B, DP 36295, Great Western Highway road verge
Lithgow	Lot A, DP 36295, Great Western Highway road verge
Lithgow	Lot 1, DP 937650, Laidley Street road pavement
Lithgow	Lot 99, DP 1075659, pumping station, Thornton Avenue
Lithgow	Lot 2, DP 233063, Old Reservoir site
Lithgow	Lot 1, DP 407355, pumping station, Cook Street
Lithgow	Lot 1, DP 912209, reservoir, High Street
Lithgow	Lot 1, DP 104797, Lot 1, DP 104980, reservoir, Cook Street
Lithgow	Part of Lot 200, DP 1137354, reservoir and pumping station, Vickers Street
Lithgow	Lots 2 and 3, DP 787111, reservoir, Cook Street
Lithgow	Lot 1, DP 719920, reservoir, Macauley Street
Lithgow	Lot 1802, DP 1125152, reservoir, Magpie Hollow Road
Lithgow	Lot 423, DP 1152284, storage dam, Farmers Creek
Lithgow	Lots 421 and 422, DP 1152246, storage dam, Marrangaroo Creek
Lithgow	Lots 1–8 and 13, DP 717074, reservoir, Wrights Road
Lithgow	Lots 2, 3, 6 and 7, DP 788554, Lithgow Water Treatment Plant
Lithgow	Lot 1, DP 168714, off Macauley Street
Lithgow	Lot 1, DP 168713, off Macauley Street
Lithgow	Lot 931, DP 868140
Marrangaroo	Lot 67, DP 813538, Marrangaroo Fields
Marrangaroo	Lot 68, DP 813538, adjoining Marrangaroo Fields
Meadow Flat	Lot 1, DP 1071694, Meadow Flat Bush Fire Shed
Palmers Oakey	Lot 2, DP 245663, Palmers Oakey
Portland	Lot 11, DP 864218, SES/VRA Building, Falnash Street
Portland	Lot 223, DP 1185154, Williwa Street
Portland	Lots 1–4, Section 3, DP 6225, May Street
Portland	Lot 41, DP 871882, Pipers Flat Road
Portland	Lot 6, Section 31, DP 758855, Quarry Road
Portland	Lots 13–16, Section 12, DP 758855, Sofala Street
Portland	Lot 363, DP 740604, Boulder Road road reserve
Portland	Lot 12, DP 864218, reservoir, Falnash Street
Portland	Lot 1, DP 448724, reservoir, Purcell Street
Rydal	Lot 138, DP 751651, Rydal Rural Fire Brigade Station
Rylstone	Lot 10, DP 263620, extractive resource site, Mt Marsden
Rylstone	Lot 1, DP 588664, extractive resource site, Glen Alice Road
Tarana	Lot 26, DP 1016189, Tarana Rural Fire Brigade
Wallerawang	Part of Lot 202, DP 1056693, development site, Barton Avenue
Wallerawang	Lot 1, DP 1097793, 24 Cary Avenue
Wallerawang	Lot 2, DP 1097793, 26 Cary Avenue
Wallerawang	Lot 3, DP 1097793, 28 Cary Avenue
Wallerawang	Lot 4, DP 1097793, 30 Cary Avenue
Wallerawang	Lot 5, DP 1097793, 32 Cary Avenue
Wallerawang	Lot 6, DP 1097793, 34 Cary Avenue
Wallerawang	Lot 7, DP 1097793, 36 Cary Avenue
Wallerawang	Lot 8, DP 1097793, 38 Cary Avenue
Wallerawang	Lot 9, DP 1097793, 40 Cary Avenue
Wallerawang	Lot 10, DP 1097793, 42 Cary Avenue
Wallerawang	Lots 303–306, DP 26070, Lidsdale Street
Wallerawang	Lot 250, DP 26070, Lyon Parade
Wallerawang	Lot 2, DP 28230, Commens Street
Wallerawang	Lot 1, DP 28230, Forest Ridge Drive
Wallerawang	Lot 68, DP 1078741, Wallerawang and Rydal Roads
Wallerawang	Lots 9 and 10, DP 713684, nature strip, Pinta Street
Wallerawang	Lot 1, DP 1050206, reservoir, Forest Ridge Drive

Part 2 Land classified, or reclassified, as operational land—interests changed

Column 1	Column 2	Column 3
Locality	Description	Any trusts etc not discharged
Capertee	Lot 21, DP 244899, Castlereagh Highway Reserve	Nil
Lithgow	Lot 6, Section A, DP 19973, Amiens Street	Nil
Lithgow	Lot 7, Section A, DP 19973, Amiens Street	Nil
Lithgow	Lot 14, DP 231890, Bayonet Street Reserve	Nil
Lithgow	Lot 21, DP 630489, Corner of Bren and Suvla Streets	Nil
Lithgow	Lot 6, DP 228849, Donald Street Reserve	Nil
Lithgow	Lot 200, DP 730122, Landa Street Reserve	Nil
Lithgow	Lot 26, DP 255869, Reservoir Hill, Range Crescent	Nil
Lithgow	Lot K, DP 36295, Stewart Street Reserve	Nil
Lithgow	Lot J, DP 36295, Thompson Street Reserve	Nil
Lithgow	Lot C, DP 36295, Tourism Gateway, Cooerwull Road	Nil
Wallerawang	Lots 349–351, DP 26070, Lidsdale Street	Nil

Part 3 Land classified, or reclassified, as community land

Column 1	Column 2
Locality	Description
Nil

Schedule 5 Environmental heritage

(Clause 5.10)

Part 1 Heritage items

Locality	Item name	Address	Property Description	Significance	Item no
Ben Bullen	Ben Bullen Railway Station and Platform	Castlereagh Highway		State	I174
Blackmans Flat	Berwindi	1470 Castlereagh Highway	Lot 1, DP 666540	Local	I206
Capertee	Capertee Lock-Up	Castlereagh Highway	Lot 2, Section 3, DP 758222	Local	I123
Capertee	Cottage 3	Castlereagh Highway	Lot 1, DP 1115443	Local	I128
Capertee	Cottage and store	Castlereagh Highway	Lots 1 and 2, Section 1, DP 758222	Local	I125
Capertee	School Masters Residence	35 Castlereagh Highway	Lot 13, DP 755758	Local	I124
Capertee	Store and cottage	65 Castlereagh Highway	Lot 14, DP 755758	Local	I126
Capertee	Royal Hotel	67 Castlereagh Highway	Lot 1, DP 578843	Local	I127
Capertee	Airly	4428 Castlereagh Highway	Lot 8, DP 755758	Local	I172
Capertee	Bernina	4428 Castlereagh Highway	Lot 42, DP 755758	Local	I171
Capertee	Glengar	5016 Castlereagh Highway	Lot 44, DP 755778	Local	I130
Capertee	Carinya	Glen Davis Road	Lot 87, DP 755757	Local	I173
Capertee	Goolooinboin Station	2280 Glen Davis Road	Lot 109, DP 751640	Local	I327
Capertee	Capertee Railway Station	Railway Street		Local	I120
Capertee	Cottage 1	Railway Street	Lot 9, Section 5, DP 758222	Local	I121
Capertee	Cottage 4	Short Street	Lot 3, Section 11, DP 758222	Local	I129
Capertee	Green Gully	Torbane Road	Lot 3, DP 709009	Local	I132
Capertee	Pise House	Torbane Road	Lot 3, DP 709009	Local	I133
Clarence	Great Zig Zag Railway and deviation tunnels	Bells Line of Road	Lot 9, DP 788554	State	I443
Clarence	Clarence House	off Chifley Road	Lot 16, DP 751650	Local	I221
Clarence	The Oaks	off Chifley Road	Lot 16, DP 751650	Local	I222
Clarence	Clarence Homestead	855 Chifley Road	Lot 191, DP 875912	Local	I223
Cullen Bullen	Cullen Bullen School	15–23 Castlereagh Highway	Lot 82, DP 755769	Local	I117
Cullen Bullen	Miners cottages	1 Old Company Cottages Road	Lots 1, 2, 4 and 6, DP 242575	Local	I115
Glen Alice	Church (multi-denominational) and cemetery	Glen Alice Village	Lot 40, DP 755796; Lot 1, DP 1129153	Local	I413
Glen Alice	Glen Alice Sunday School	Upper Nile Road	Lot 20, Section 4, DP 758445	Local	I417
Hampton	Rosehaven	30 Dowdells Road	Lot B, DP 389469	Local	I096
Hampton	Montana	1716 Jenolan Caves Road	Lot 2, DP 851993	Local	I090
Hampton	Slab cottage	1716 Jenolan Caves Road	Lot 2, DP 851993	Local	I089
Hampton	Jenolan Half Way House Motor Inn	1856 Jenolan Caves Road	Lot 1, DP 716400	Local	I091
Hampton	The Stone Cottage	1991 Jenolan Caves Road	Lot 1, DP 120952	Local	I092
Hampton	Cottage	1994 Jenolan Caves Road	Lot 9, DP 114863	Local	I094
Hampton	Hampton Road House	1994 Jenolan Caves Road	Lot 37, DP 665099	Local	I093
Hampton	Hillroy	2058 Jenolan Caves Road	Lot 50, DP 757041	Local	I095
Hampton	St Thomas Anglican Church	32 Wicketty War Road	Lot 20, DP 1117347	Local	I097
Hampton	Cottage 2	139 Wicketty War Road	Lot 2, DP 1031694	Local	I098
Hampton	Hickory Hill	139 Wicketty War Road	Lot 2, DP 1031694	Local	I100
Hartley	Hartley Historic Site Group	Old Great Western Highway	Lot 7302, DP 1165392; Lots 100–103, DP 1185278; Lot 1000, DP 1185293; Lot 11, DP 1185533; Lots 142 and 143, DP 1186102; Lots 11–18, DP 1186105; Lot 59, DP 1186129; Lot 1617, DP 1186130; Lots 45 and 46, DP 1186137; Lot 13, DP 1186138; Lot 100, DP 1186140; Lot 7, DP 247477; Lots 1 and 2, DP 259495; Lots 1 and 2, DP 513933; Lot 1, DP 566148; Lots 8–11, Section 9, DP 758503; Lots 5–9 and 11–14, Section 3, DP 758503; Lots 9–14, Section 2, DP 758503; Lots 1–5, 16 and 17, Section 10, DP 758503; Lots 5–10, Section 15, DP 758503; Lot 8, Section 14, DP 758503	State	I030
Hartley	St John the Evangelist’s Anglican Church	1 Old Great Western Highway	Lot 9, Section 14, DP 758503	Local	I029
Hartley	Bungarribee	17 Old Great Western Highway	Lot 14, Section 14, DP 758503	Local	I031
Hartley Vale	Valley Farm	2 Allen Street	Lot 51, DP 867197	Local	I010
Hartley Vale	Southleigh	573 Browns Gap Road	Lot 119, DP 751650	Local	I015
Hartley Vale	Vellacott Park	687 Browns Gap Road	Lot 52, DP 751650	Local	I014
Hartley Vale	Collits Inn	Hartley Vale Road	Lot 50, DP 1026523	State	I012
Hartley Vale	Comet Inn	Hartley Vale Road	Lot 4, DP 836542; Lots 6 and 7, DP 986316	Local	I003
Hartley Vale	Hartley Vale School-House	Hartley Vale Road	Lot 1, DP 543475	Local	I004
Hartley Vale	Mummulgun	Hartley Vale Road	Lot 41, DP 1128436	Local	I001
Hartley Vale	Hillview	104 Hartley Vale Road	Lot 2, DP 773638	Local	I013
Hartley Vale	Wondalga	254 Hartley Vale Road	Lot 92, DP 664550	Local	I011
Hartley Vale	Cottage	400 Hartley Vale Road	Lot 1, DP 818567	Local	I002
Hartley Vale	Schoolmasters Residence	JR Street	Lot 101, DP 1084186	Local	I005
Hartley Vale	The Glen	347 JR Street	Lot 1, DP 196405	Local	I008
Hartley Vale	Homedale	355 JR Street	Lot 6, Section A, DP 193313	Local	I009
Hartley Vale	Vizzard Cottage complex	358 JR Street	Lots 4–8, Section B, DP 193313	Local	I007
Hartley Vale	Timber slab cottage, “Crazy Cottage”	Mid Hartley Road	Lot 1, DP 304523	Local	I017
Hartley Vale	Cottage	Wood Road	Lot 102, DP 1084186	Local	I006
Kanimbla	Moyne Farm	302 Coxs River Road	Lot 176, DP 751644	Local	I027
Kanimbla	Kanimbla Woolshed	641 Coxs River Road	Lot 40, DP 834766	Local	I316
Kanimbla Valley	Duddawarra	40 Clarke Simpson Road	Lot 330, DP 1108595	Local	I084
Kanimbla Valley	Kanimbla Valley Congregational Church Hall	Cullenbenbong Road	Lot 1, DP 790431; Lot 201, DP 821843	Local	I077
Kanimbla Valley	Wingebelaley	324 Cullenbenbong Road	Lot 181, DP 757051	Local	I079
Kanimbla Valley	Glen Shee	1033 Cullenbenbong Creek Road	Lot 102, DP 1093836	Local	I075
Kanimbla Valley	Yarandoo	1688 Gangbenang Road	Lot 106, DP 1060618	Local	I081
Kanimbla Valley	Belmont	1691 Gangbenang Road	Lot 279, DP 1013624	Local	I080
Kanimbla Valley	Mt Sandy Cottage	916 Peach Tree Road	Lot 16, DP 1010564	Local	I076
Lidsdale	Braemai	Castlereagh Highway	Lot 3, DP 650334	Local	I193
Lidsdale	The Cottage	Castlereagh Highway	Lot 101, DP 829410	Local	I191
Lidsdale	Meadowside	200 Castlereagh Highway	Lot 88, DP 1079253	Local	I192
Lidsdale	Lidsdale House and Gardens	1384 Castlereagh Highway	Lots 5 and 7, DP 1084545	Local	I203
Lidsdale	House opposite Lidsdale House	1385–1387 Castlereagh Highway	Lots 30 and 31, DP 18837	Local	I204
Lidsdale	Farmhouse	1449 Castlereagh Highway	Lot 101, DP 1145705	Local	I205
Lidsdale	Windmill Lad Stud	35 Ian Holt Drive	Lot 1, DP 531335	Local	I197
Lidsdale	Square and Compass Inn (former)	70 Ian Holt Drive	Lot 9, DP 1088207	Local	I198
Lidsdale	Woodlands	111 Ian Holt Drive	Lot 2, DP 574754	Local	I199
Lidsdale	Maddox Lane Group	10,16–24 Maddox Lane	Lots 1–6, DP 237078	Local	I202
Lidsdale	The Meadows	41 Maddox Lane	Lot 173, DP 666814	Local	I201
Lidsdale	Cottage and Stone Barn	10 Skelly Road	Lot 2, DP 829137	Local	I196
Lidsdale	Uniting Church	23 Wolgan Road	Lot 201, DP 1047676	Local	I194
Lidsdale	Cottage	25 Wolgan Road	Lot 202, DP 751651	Local	I195
Lithgow	Cottage	27–29 Albert Street	Lot 1, DP 1102434	Local	I282
Lithgow	Cooerwull House	Off Andrew Street	Lot 14, DP 253969	Local	I072
Lithgow	Showground Grandstand and Buildings	Barton Street	Lot 1, DP 1123449	Local	I340
Lithgow	Colliery Managers Cottage	Bells Road	Lot 1, DP 934032	Local	I236
Lithgow	Brighton Cottage	166 Bells Road	Lots 25 and 26, DP 17462	Local	I240
Lithgow	Former LVC Managers Residence	67 Bent Street	Lot 31, DP 600256	Local	I273
Lithgow	Doctors Surgery (former LVC Managers Office)	69 Bent Street	Lot 1, DP 1005128	State	I272
Lithgow	Langs Dairy	Brewery Lane	Lot 4, DP 102985	Local	I239
Lithgow	Former Zig Zag Brewery and Residence	Brewery Lane	Lot 1, DP 834082; Lot 1, DP 1098480	Local	I238
Lithgow	Union Theatre	Bridge Street	Lot 2, DP 1077295	Local	I321
Lithgow	Hoskins Memorial Presbyterian Church	Bridge and Mort Streets	Lot 1, DP 165879	Local	I314
Lithgow	Terrace	4 Bridge Street	Lots 4–6, Section 28, DP 2858	Local	I323
Lithgow	The Tin Shed	69 Bridge Street	Lot 1, DP 1077295	Local	I319
Lithgow	Greys Terrace	1–12 Brisbane Street, 2–13 Bragg Street	Lots 2–14 and 17, DP 7199; Lot 1, DP 1080735; Lots 1 and 2, DP 514250; Lots A and B, DP 401209; Lots A and B, DP 377435; Lots A and B, DP 400049; Lot 6, DP 834082	Local	I237
Lithgow	Former St Mary’s Presbyterian Church	1 Church Street	Lot A, DP 39706	Local	I309
Lithgow	Directors House, Lithgow Valley Colliery	3 Coalbrook Street	Lot 1, DP 569626	Local	I247
Lithgow	The Hermitage	7 Coalbrook Street	Lot 102, DP 1075376	Local	I246
Lithgow	Rosebank	21 Coalbrook Street	Lot 4, DP 3227	Local	I248
Lithgow	Commonwealth Avenue Houses	1–3 Commonwealth Avenue	Lots 1–3, DP 833809	Local	I267
Lithgow	Bowenfels Railway Station	1 Cooerwull Road	Lot 2999, DP 1195998	State	I101
Lithgow	Bowenfels Station Masters Residence	3 Cooerwull Road	Lot 1, DP 1088726	State	I102
Lithgow	House	19 Cupro Street	Lots 307 and 308, DP 5255	Local	I255
Lithgow	Hillcrest	off Eskbank Street	Lot 1, DP 875910	Local	I275
Lithgow	Methven	Evans Place	Lot 54, DP 605861	Local	I104
Lithgow	House	65 Ferro Street	Lot 1, DP 626657	Local	I256
Lithgow	Crossing Keepers House	Beyond 1 Fullagar Avenue	Lot 2999, DP 1195998	Local	I105
Lithgow	Lithgow Coal Stage Signal Box	Gas Works Lane	Lot 1, DP 1105168	State	I433
Lithgow	Sweet Briars	Great Western Highway	Lot 252, DP 1045308	Local	I066
Lithgow	Forty Bends Cottage	35 Great Western Highway	Lot 1, DP 195020	Local	I046
Lithgow	Forty Bends Monte Vista	35 Great Western Highway	Lot 1, DP 195020	Local	I047
Lithgow	Fairview	985 Great Western Highway	Lot 201, DP 1077344	Local	I065
Lithgow	Kanangra	989 Great Western Highway	Lot 6, DP 776529	Local	I068
Lithgow	Cottage (former Cooerwull Academy)	993 Great Western Highway	Lot A, DP 345053	Local	I067
Lithgow	Rankin	1002 Great Western Highway	Lot 2, DP 173015; Lot A, DP 305256	Local	I070
Lithgow	Cooerwull Presbyterian Church	1129 Great Western Highway	Lot 2, DP 514466	Local	I103
Lithgow	Fernhill	3109 Great Western Highway	Lot 10, DP 1134053	State	I043
Lithgow	Sunnyside	3110 Great Western Highway	Lot 2, DP 1187719	Local	I044
Lithgow	Emoh (Emu Store/Corderoy’s Store)	3431 Great Western Highway	Lot 1, DP 798073	Local	I051
Lithgow	Umera (Bowenfels Inn, Tricks House)	3449 Great Western Highway	Lot 1, DP 68390	Local	I052
Lithgow	Cottage and outbuildings	3532 Great Western Highway	Lot 120, DP 751650	Local	I060
Lithgow	Caldwells House	3534 Great Western Highway	Lot 1, DP 923403	Local	I061
Lithgow	Royal Hotel	3584 Great Western Highway	Lot 20, DP 1117668	Local	I062
Lithgow	Duplex	82–84 Hartley Valley Road	Lots 15 and 16, Section 3, DP 416	Local	I249
Lithgow	House	144 Hassans Walls Road	Lot 16, DP 5255	Local	I259
Lithgow	Edwardian House Group	173 Hassans Walls Road	Lot 1, DP 655435	Local	I261
Lithgow	House	21 Hayley Street	Lot 10, Section 47, DP 3955	Local	I285
Lithgow	Inch Street Group	11, 15–21, and 126 Inch Street	Lot 14, Section 22, DP 1936; Lots A–C, DP 367579; Lot 5, Section 23, DP 1936	Local	I243
Lithgow	Eskbank House	70 Inch Street	Lot 1, DP 365722	Local	I312
Lithgow	Inch Street Group	104–110 Inch Street	Lots A, D and E, DP 107691	Local	I244
Lithgow	Stone viaduct	James Street	Lot 2999, DP 1195998	State	I436
Lithgow	Airdrie	Kirkley Street	Lot 3, DP 881717	Local	I064
Lithgow	Mossend	41 Laidley Street	Lot 1, DP 715230	Local	I242
Lithgow	Laurence Street Group	42–48 Laurence Street	Lots 478–481, DP 5255	Local	I254
Lithgow	Terrace	8–14 Lithgow Street	Lot 3, DP 233691	Local	I271
Lithgow	Cottage—duplex	16–18 Lithgow Street	Lot 5, DP 432373	Local	I270
Lithgow	House	20 Lithgow Street	Lot 4, DP 432373	Local	I269
Lithgow	House	22–24 Lithgow Street	Lot 1, DP 786694	Local	I268
Lithgow	Court House Hotel	1 Main Street	Lot 1, Section 1, DP 2308	Local	I383
Lithgow	Office building	31 Main Street	Lot 7, Section 1, DP 2308	Local	I338
Lithgow	The Grand Central Hotel	69 Main Street	Lot 1, DP 900325	Local	I393
Lithgow	ANZ Bank	71 Main Street	Lot 1, DP 911132	Local	I337
Lithgow	Tattersals Hotel	151 Main Street	Lot 2, DP 828975	Local	I335
Lithgow	National Australia Bank	156 Main Street	Lot 3, Section A, DP 360	Local	I376
Lithgow	Commercial Hotel	198 Main Street	Lot A, DP 944949	Local	I382
Lithgow	Theatre Royal	208 Main Street	Lot 1, DP 169176	Local	I351
Lithgow	Eskbank Railway Station Group including signal box	Main Western Railway	Lot 1, DP 1105168	State	I434
Lithgow	Stone Viaduct Farmers Creek Bowenfels	Main Western Railway	Lot 1, DP 1088058	State	I438
Lithgow	Gonna-Do	29 McKanes Falls Road and Lithgow Road	Lot 1, DP 87543	Local	I050
Lithgow	Small arms factory	Methven Street	Lot 21, DP 1174289	Local	I313
Lithgow	Former Tafe College	Mort Street	Lots 9–11, Section 2, DP 2308	Local	I326
Lithgow	Charles Hoskins Memorial Institute Library	Corner Mort and Bridge Streets	Lot 3, DP 1077295	Local	I341
Lithgow	Cottage Group	86–88 Mort Street	Lot 1, DP 302077; Lot 5, DP 661003	Local	I252
Lithgow	Lithgow Court House	156 Mort Street	Lot 29, Section 1, DP 2308	Local	I307
Lithgow	Lithgow Public School Group	163 Mort Street	Lot 1, DP 793654	Local	I278
Lithgow	Former Methodist Church	169 Mort Street	Lot 3, Section 5, DP 2308	Local	I325
Lithgow	Lithgow Catholic Presbytery	227 Mort Street	Lot 5, DP 930738	Local	I308
Lithgow	Presbyterian Church Bowenfels	12 Mudgee Street	Lots 15 and 16, Section 1, DP 758809	Local	I059
Lithgow	Parsonage Farm	14 Mudgee Street	Lot 14, DP 67883	Local	I058
Lithgow	Somerset House	34 Mudgee Street	Lots 10 and 11, Section 2, DP 758809; Lots 1 and 2, DP 984111; Lots 1 and 2, DP 580773	Local	I057
Lithgow	National School Group	70 Mudgee Street	Lot 372, DP 823384	State	I054
Lithgow	Ben Avon (former Royal Hotel)	76 Mudgee Street	Lot 1, DP 933110; Lot 2, DP 758809	Local	I053
Lithgow	Stone and timber cottage	24 Old Bathurst Road	Lot 1, DP 514845	Local	I045
Lithgow	Co-operative slaughter yards	51 Old Bathurst Road	Lot 1, DP 1085235	Local	I056
Lithgow	Daintree	Old Forty Bends Road	Lot 5, DP 1185788	Local	I048
Lithgow	Terrelaroy	24 Ordnance Avenue	Lot 1, DP 511164	Local	I264
Lithgow	Wenvoe	26 Ordnance Avenue	Lot 2, DP 221773	Local	I263
Lithgow	Avenue of plane trees	Park Parade	Lot 21, DP 1174289	Local	I266
Lithgow	Charles Lewins Memorial Rotunda	Queen Elizabeth Park, Main Street	Lot 45, DP 1096536	Local	I332
Lithgow	War Memorial Statue	Queen Elizabeth Park	Lot 45, DP 1096536	Local	I364
Lithgow	La Salle Academy (former Cooerwull Academy)	96 Rabaul Street	Lot 321, DP 1142036	Local	I069
Lithgow	Former Co-op bakery and pharmacy	Railway Parade	Lot 100, DP 1130976	Local	I290
Lithgow	Lithgow Railway Station Group and Residence	Railway Parade	Lot 2999, DP 1195998	State	I435
Lithgow	Former Union offices (old Repco building)	Railway Parade	Lot 31, Section 39, DP 3466	Local	I292
Lithgow	St Paul’s Anglican Church, Rectory and Hall	Railway Parade and Roy Street	Lot 26–28, Section 48, DP 3955	Local	I280
Lithgow	Former Co-operative Store	3–5 Railway Parade	Lots 22 and 23, Section 41, DP 3466	Local	I289
Lithgow	Former Trades Hall	25 Railway Parade	Lot 32, Section 39, DP 3466	Local	I291
Lithgow	Former Post Office	31 Railway Parade and Roy Street	Lot 2, DP 777804	Local	I288
Lithgow	Waratah	39 Railway Parade	Lot 1, DP 817560	Local	I279
Lithgow	Railway Parade Cottages	41–59 Railway Parade	Lots 1–8, DP 21055; Lots 1 and 2, DP 532324	Local	I281
Lithgow	House	22 Sandford Avenue	Lots 9 and 10, Section 6, DP 4911	Local	I283
Lithgow	Florence	4 Spooner Street	Lot 1, DP 419406	Local	I286
Lithgow	House	8 Spooner Street	Lot 31, Section 47, DP 3955	Local	I287
Lithgow	Former shop and residence	44–46 Tank Street	Lots 7 and 8, Section 33, DP 3364	Local	I293
Lithgow	Inverted A Frame Footbridge	Top Points Zig Zag Railway	Lot 2, DP 932875	State	I437
Lithgow	Braemar House	50 Tweed Road	Lot 10, DP 815871	Local	I071
Little Hartley	Ambermere	5 Ambermere Drive	Lot 12, DP 851241	Local	I022
Little Hartley	Bonnie Blink	Baaners Lane	Lot 12, DP 1036076	Local	I042
Little Hartley	Apple shed	57 Cranbrook Park Road	Lot 14, DP 776589	Local	I082
Little Hartley	Harp of Erin	Great Western Highway	Lot 1, DP 589557	Local	I028
Little Hartley	Rosedale	Great Western Highway	Lot 2, DP 594106	Local	I024
Little Hartley	Nioka	2209 Great Western Highway	Lot 344, DP 655748	Local	I025
Little Hartley	Billesdene Grange	2272 Great Western Highway	Lots 1 and 2, DP 540599	Local	I023
Little Hartley	House	2360 Great Western Highway	Lot 102, DP 1078863	Local	I021
Little Hartley	Meads Farm	2366 Great Western Highway	Lot 102, DP 1056042	Local	I020
Little Hartley	Lyndoch Orchard	2464–2468 Great Western Highway	Lot 1, DP 629411	Local	I019
Little Hartley	Hartley Public School	Mid Hartley Road	Lot 186, DP 751644	Local	I018
Lowther	Lowther Park	1296 Jenolan Caves Road	Lot 1, DP 1107415	Local	I085
Lowther	Lowther Presbyterian Church	1326 Jenolan Caves Road	Lot 148, DP 757063	Local	I318
Lowther	Timber Cottage (Rushvale)	96 Larnach Baker Road	Lot 127, DP 757063	Local	I086
Lowther	The Old Chook Farm	89 Old Jenolan Caves Road	Lot 84, DP 757063	Local	I087
Marrangaroo	Stone Cottage	16 Gemalong Close	Lot 3, DP 242966	Local	I190
Marrangaroo	Lithgow Golf Club	Great Western Highway	Lot 1, DP 840412	Local	I106
Marrangaroo	River Cottage	587 Great Western Highway	Lot 3, DP 242965	Local	I110
Marrangaroo	Cottage (railway crossing keepers cottage)	Hughes Lane	Lot 1, DP 996243	Local	I111
Marrangaroo	Stone viaduct, Marrangaroo Creek	Main Western Railway		State	I442
Marrangaroo	Tunnel Hill tunnels and overbridge	Main Western Railway	Lot 1, DP 175470	Local	I439
Marrangaroo	Farmhouse	Oakey Forest Road	Lot 1, DP 876453	Local	I107
Marrangaroo	Fernbrook	Reserve Road	Lot 1, DP 998434	Local	I109
Marrangaroo	Marrangaroo Prayer Chapel	3 Reserve Road	Lot 40, DP 600845	Local	I108
Meadow Flat	Meadow Flat Public School	Great Western Highway	Lot 1, DP 782196	Local	I231
Meadow Flat	St Luke’s Anglican Church	Off Sunny Corner Road	Lot 9, Section 2, DP 758663	Local	I232
Meadow Flat	Currency Lass	60–62 Thorpes Pinch Road	Lot 52, DP 588862	Local	I235
Meadow Flat	Mt Lambie Presbyterian Church	75 Thorpes Pinch Road	Lot 2, DP 1043887	Local	I234
Megalong Valley	Grandview	601 Peach Tree Road	Lot 11, DP 240967	Local	I073
Newnes	Railway Line Newnes—Zig Zag etc	Newnes		Local	I245
Newnes Juntion	Blue Hills	588–602 Sandham Road	Lots 361 and 362, DP 209982	Local	I224
Portland	Residence	1 Bellvue Place	Lot 1, DP 842893	Local	I177
Portland	Residence	2 Bellvue Place	Lot 4, DP 842893	Local	I180
Portland	Residence	4 Bellvue Place	Lot 5, DP 842893	Local	I181
Portland	Residence	5 Bellvue Place	Lot 3, DP 842893	Local	I179
Portland	Residence	6 Bellvue Place	Lot 6, DP 842893	Local	I182
Portland	Residence	7 Bellvue Place	Lot 9, DP 842893	Local	I183
Portland	Residence	8 Bellvue Place	Lot 7, DP 842893	Local	I184
Portland	Residence	10 Bellvue Place	Lot 8, DP 842893	Local	I185
Portland	Portland District Hospital	Kiln Street	Lot 21, DP 1134404	Local	I305
Portland	Kremer Park Portland	Corner Kiln and Laurie Streets	Lot 7002, DP 1075853; Lot 531, DP 902158	Local	I306
Portland	Police Station Complex	Lett and Vale Streets	Lot 6, Section 2, DP 758855	Local	I303
Portland	Cottage	10 Paine Street	Lot 6, Section 25, DP 758855	Local	I294
Portland	Company Foremans Cottages (group)	8–18 Saville Street	Lots 11–16, DP 842893	Local	I186
Portland	Sydney House	31 Wallerawang Road	Lot 2, DP 856917	Local	I175
Portland	Portland House	51 Wallerawang Road	Lot 4, DP 856917	Local	I176
Portland	Portland Cement Works Group	Williwa Street	Lot 53, DP 755769; Lot 1 DP 109592; Lot 1, DP 1130700	State	I296
Portland	St Stephens Anglican Church and Hall	2 Williwa Street	Lot 1, DP 922029	Local	I297
Portland	Portland Post Office	17 Williwa Street	Lot 2, DP 813095	Local	I298
Portland	St Josephs Convent and Presbytery	95 Williwa Street	Lot 92, DP 755769; Lot 11, Section 25, DP 755769	Local	I187
Portland	St Josephs Catholic Church—school	99 Williwa Street	Lot 92, DP 755769	Local	I188
Portland	Cottage	101 Williwa Street	Lot 13, Section 25, DP 758855	Local	I189
Portland	Masonic Hall	20 Wolgan Street	Lots 21 and 22, Section 1, DP 4856	Local	I299
Portland	Uniting Church	41 Wolgan Street	Lot 5, Section 2, DP 3778	Local	I300
Portland	St Andrews Presbyterian Church and Hall	1–2 Vale Street	Lot 1, DP 667861	Local	I304
Portland	Co-operative Store	15 Vale Street	Lot 12, Section 1, DP 758855	Local	I302
Rydal	Alexander Hotel	Bathurst Street	Lots 3 and 18, Section 18, DP 758890	Local	I139
Rydal	Former General Store (former Post Office)	Bathurst Street	Lot 1, DP 559056	Local	I144
Rydal	Former police station	Bathurst Street	Lot 8, Section 18, DP 758890	Local	I145
Rydal	Former railway station	Bathurst Street		State	I140
Rydal	Union Church (former Anglican Church)	Bathurst Street	Lot 1, DP 918723	Local	I142
Rydal	Rydal Mount	Cartwright Street	Lot 70, DP 1134582	Local	I146
Rydal	St Matthew’s Roman Catholic Church	Cartwright Street	Lots 8 and 9, Section 19, DP 758890	Local	I147
Rydal	Outbuildings	11 Cheethams Flat Road	Lot 235, DP 757036	Local	I150
Rydal	Stone Viaduct 1–6	Main Western Railway	Lot 161, DP 1174477	State	I441
Rydal	Agricultural Showground	Market Street	Lot 100, DP 1045983; Lots 71 and 124, DP 751651; Lot 1, DP 1138698	Local	I148
Rydal	Cottage 3	Market Street	Lot 5, Section 38, DP 758890	Local	I136
Rydal	Chapel House Farm	22 Market Street	Lot 1, DP 1001275	Local	I138
Rydal	Highland House	209 Martins Road	Lot 122, DP 757036	Local	I169
Rydal	Hillcrest Cottage 1	Quarry Street	Lot 1, DP 912182	Local	I134
Rydal	Cottage 4	49B Railway Street	Lot 8, Section 38, DP 758890	Local	I137
Sodwalls	Wattle Grove	233 Anarel Road	Lot 107, DP 757076	Local	I160
Sodwalls	Timber Cottage	281 Anarel Road	Lot 243, DP 757076	Local	I159
Sodwalls	Pendari	302 Anarel Road	Lot 78, DP 757076	Local	I158
Sodwalls	Jerrys Mount	308 Anarel Road	Lot 236, DP 757076	Local	I157
Sodwalls	Kilcooly	21 Jerrys Meadows Road	Lot 201, DP 1078651	Local	I151
Sodwalls	Sodwalls Inn (former Sodwalls House)	329 Sodwalls Road	Lot 1, DP 737321	Local	I152
Sodwalls	Invergowrie	396 Sodwalls Road	Lot 68, DP 755794	Local	I153
Sodwalls	Old Sodwalls Public School	428 Sodwalls Road	Lot 7004, DP 1025924	Local	I154
Sodwalls	Railway Cottage	37 Station Road		Local	I155
Tarana	House	Corner Brewongle and O’Connell Roads	Lot 5, DP 557772	Local	I412
Tarana	Bangaroo	2273 Hazelgrove Road	Lot 6, DP 1016189	Local	I165
Tarana	Crown View	Honeysuckle Falls Road	Lot 22, DP 757076	Local	I315
Tarana	Church (former Methodist)	20 Mutton Falls Road	Lot 1, DP 1039964	Local	I411
Tarana	Crownlea	110 Mutton Falls Road	Lot 4, DP 1171948	Local	I410
Tarana	Tarana Hotel	O’Connell Road	Lot 1, DP 832370	Local	I167
Tarana	St Stephens Anglican Church	Sodwalls Road	Lot 621, DP 1142480	Local	I163
Tarana	Tarana Railway Station	Sodwalls Road	Lot 14, DP 1181440	State	I166
Tarana	The Crown	1197 Sodwalls Road	Lot 25, DP 1016189	Local	I161
Tarana	Westholme	1198 Sodwalls Road	Lot 1, DP 1085216	Local	I162
Tarana	Residence (former school masters residence)	1385 Sodwalls Road	Lot 12, DP 1192441	Local	I164
Wallerawang	Bottom Pub	Main Street	Lot A, DP 374050	Local	I207
Wallerawang	Church of St John the Evangelist	Main Street	Lot 1, DP 372255	State	I112
Wallerawang	Old Wallerawang School (former National School)	Main Street	Lot 4, DP 1087684	Local	I113
Wallerawang	Former Commercial Banking Co.	30 Main Street	Lot 15, DP 17727	Local	I212
Wallerawang	Post Office	32 Main Street	Lot 102, DP 1142511	Local	I211
Wallerawang	Wang Antiques and Emporium	48 Main Street	Lot 9, DP 17727	Local	I210
Wallerawang	Surgery	50 Main Street	Lot 1, DP 609279	Local	I209
Wallerawang	Former Wallerawang Public School	121–123 Main Street	Lots 10 and 11, DP 1177951	Local	I225
Wallerawang	Stone Viaduct Cox’s River	Main Western Railway		State	I440
Wallerawang	Wallerawang Junction Railway Station	Main Western Railway		State	I208
Wallerawang	Cottages	57 Pipers Flat Road	Lot 12, DP 2527	Local	I218
Wallerawang	Cottage	61–63 Pipers Flat Road	Lot 2, DP 616176; Lot 103, DP 877661	Local	I217
Wallerawang	Willow Vale	401 Pipers Flat Road	Lot 3, DP 1041104	Local	I219
Wallerawang	Northbrook	581 Pipers Flat Road	Lot 2, DP 1124158	Local	I220
Wallerawang	Former Railway Cottage	98 Portland Road	Lot 2, DP 815106	Local	I216
Wolgan	Wolgan Homestead (Wolgan Valley Station)	Off Wolgan Valley Road	Lot 26, DP 751666	Local	I317

Part 2 Heritage conservation areas

Description	Identification on Heritage Map	Significance
Capertee Heritage Conservation Area	Shown by red hatching and marked “C1”	Local
Cook Street Heritage Conservation Area	Shown by red hatching and marked “C2”	Local
Eskbank Street Heritage Conservation Area	Shown by red hatching and marked “C3”	Local
Hartley Vale Heritage Conservation Area	Shown by red hatching and marked “C4”	Local
Hassans Walls Road Heritage Conservation Area	Shown by red hatching and marked “C5”	Local
Inch Street Heritage Conservation Area	Shown by red hatching and marked “C6”	Local
Lithgow Main Street Heritage Conservation Area	Shown by red hatching and marked “C7”	Local
Little Hartley Heritage Conservation Area	Shown by red hatching and marked “C8”	Local
Mort Street Heritage Conservation Area	Shown by red hatching and marked “C9”	Local
Portland Heritage Conservation Area	Shown by red hatching and marked “C10”	Local
Pottery Estate Heritage Conservation Area	Shown by red hatching and marked “C11”	State
Rydal Heritage Conservation Area	Shown by red hatching and marked “C12”	Local
Wallerawang Heritage Conservation Area	Shown by red hatching and marked “C13”	Local

Part 3 Archaeological sites

Locality	Site name	Address	Property description	Significance	Item no
Airly	Airly Bakery	Off Glen Davis Road		Local	A149
Airly	Airly Big Rock Cave Dwellings	Off Glen Davis Road		Local	A148
Airly	Airly, Torbane and Genowlan oil shale sites	Off Glen Davis Road		Local	A144
Airly	Airly Township and Mines Group	Off Glen Davis Road		Local	A145
Airly	Airly Village Church site	Off Glen Davis Road		Local	A146
Airly	Boiler and winding house	Off Glen Davis Road		Local	A158
Airly	Flying Fox rope way	Off Glen Davis Road		Local	A159
Airly	Gorrms House	Off Glen Davis Road		Local	A155
Airly	Magazine, spring, stone cave dwelling	Off Glen Davis Road		Local	A152
Airly	Managers Residence	Off Glen Davis Road		Local	A151
Airly	Martins Tunnel, ventilation tunnel and chimney	Off Glen Davis Road		Local	A156
Airly	Potts Point Dwelling Complex	Off Glen Davis Road		Local	A150
Airly	Skipway, stone retaining wall	Off Glen Davis Road		Local	A154
Airly	Spring shaft and stone house	Off Glen Davis Road		Local	A147
Airly	Stone dwelling complex	Off Glen Davis Road		Local	A153
Airly	Torbane railway cutting	Off Glen Davis Road		Local	A161
Airly	Torbane retort complex	Off Glen Davis Road		Local	A162
Airly	Ventilation chimney	Off Glen Davis Road		Local	A157
Airly	Ventilation shaft, dwelling, skipway	Off Glen Davis Road		Local	A160
Blackmans Flat	Blackmans Flat Roman Catholic Cemetery	Castlereagh Highway	Lots 68 and 69, DP 751636	Local	A111
Capertee	Galagher family cemetery	4428 Castereagh Highway	Lot 44, DP 755758	Local	A104
Capertee	Former Kangaroo Flat Methodist Church	4959 Castlereagh Highway	Lots 91 and 92, DP 755778	Local	A059
Cullen Bullen	Back Cullen Cemetery	Back Cullen Road	Lot 7302, DP 1142032	Local	A053
Cullen Bullen	Beaumaris	Back Cullen Road	Lot 11, DP 249955	Local	A054
Cullen Bullen	Cullen Bullen General Cemetery	Castlereagh Highway	Lot 7005, DP 1026565	Local	A088
Dargan	Dargan Railway Dams	off Chifley Road	Lot 7301, DP 1123766	Local	A119
Dark Corner	Dark Corner General Cemetery	Dark Corner Road	Lots 23–26 and 6A, DP 755767; Lot 1, DP 668503	Local	A105
Glen Davis	Glen Davis town and oil-works	Glen Davis Road	Lots 4–6, DP 751639; Lots 3–5, DP 131480	Local	A087
Hartley	Hartley General Cemetery	Great Western Highway	Lots 7016–7018, DP 1057029; Lot 7320, DP 1165385	Local	A015
Hartley	Eliza Rodd Grave	200 Jenolan Caves Road	Lot 10, DP 830372	State	A019
Hartley	Glenroy	200 Jenolan Caves Road	Lot 10, DP 830372	State	A020
Hartley	Rev John Troughton gravemarker	1 Old Great Western Highway	Lot 9, Section 14, DP 758503	Local	A078
Hartley Vale	Rosedale	498 Blackman Creek Road	Lot 2, DP 749916	Local	A048
Hartley Vale	Blackman- Merrick family cemetery	498 Browns Gap Road	Lot 2, DP 749916	Local	A049
Hartley Vale	Collitts/Mt York burial ground	Hartley Vale Road	Lot 379, DP 720619	Local	A007
Hartley Vale	Lockyers Pass	Hartley Vale Road	Lot 3, DP 820928	Local	A180
Hartley Vale	Site of oil-shale works, Hartley Vale	400 Hartley Vale Road	Lot 1, DP 818567; Lot 52 DP 867197; Lot 3, DP 836542	Local	A001
Kanimbla	Moyne Farm Cemetery	302 Coxs River Road	Lot 28, DP 751644	Local	A016
Kanimbla	Edmund Harvey Grave	675 Coxs River Road	Lot 44, DP 834766	Local	A042
Kanimbla	Norton Grave	89B Wards Road	Lot 2, DP 219769	Local	A034
Kanimbla	Old Kanimbla Homestead	89B Wards Road	Lot 2, DP 219769	Local	A035
Lithgow	Oakey Park Colliery Site	Bells Road	Lot 17, DP 1099804	Local	A095
Lithgow	Railway culvert of Ida Falls Creek	Off Bell Street	Lot 11, DP 831103	Local	A133
Lithgow	Lithgow Valley Pottery and Brickworks	Bent and Silcock Streets	Lots 2–6, DP 1005128; Lot 702, DP 1150747	State	A124
Lithgow	Bowens Creek Bridge Abutments	Bowens Hollow		Local	A026
Lithgow	Gun emplacements	Chifley Road and Hassans Walls Road	Lot 1, DP 413551: Lot 90, DP 751650	State	A176
Lithgow	Andrew Brown Private Cemetery	Cooerwull Road	Lot 13, DP 253969	Local	A050
Lithgow	Lithgow No. 2 Dam	Farmers Creek	Lot 423, DP 1152284	Local	A120
Lithgow	Bowenfels Presbyterian Cemetery	Great Western Highwy	Lot 62, DP 751650	Local	A030
Lithgow	Former Eagle and Child Inn	Great Western Highway	Lot 1, DP 195020	Local	A022
Lithgow	Lithgow General Cemetery	Great Western Highway	Lot 7306, DP 1142901; Lot 1, DP 1133793	Local	A032
Lithgow	Old Catholic Cemetery	Great Western Highway	Lot 336, DP 751650	Local	A029
Lithgow	Forty Bends Cemetery	35 Great Western Highway	Lot 1, DP 195020	Local	A023
Lithgow	Hassans Walls Stockade and Barracks	3124 Great Western Highway	Lot 1, DP 1187719	Local	A021
Lithgow	Road culvert and sustaining wall at Emoh	3431 Great Western Highway		Local	A027
Lithgow	Newvale Colliery and Coke-Ovens	Ida Falls Gully	Lot 2, DP 574705	Local	A140
Lithgow	Blast furnace site and coke ovens	Inch Street	Lot 2, DP 776568	State	A125
Lithgow	Gun emplacements	Off Kirkley Street	Lot 3, DP 1017922	State	A031
Lithgow	Cooerwull Public School Bell	319 Main Street	Lot 1, DP 123135	Local	A170
Lithgow	Sorensen Memorial	Mort and Bridge Streets	Lot 1, DP 165879	Local	A123
Lithgow	Lithgow War Memorial	Queen Elizabeth Park, Main Street	Lot 45, DP 1096536	Local	A122
Lithgow	State Mine Heritage Park	State Mine Gully Road	Lot 1, DP 242977	Local	A127
Lithgow	Lithgow Valley Colliery Quoits Field	Valley Drive	Lot 603, DP 1051775	Local	A186
Lithgow—South Bowenfels	McKanes Falls Bridge	McKanes Falls Road		State	A077
Lowther	Lowther general cemetery	Jenolan Caves Road	Lot 7301, DP 1148839; Lots 86 and 87, DP 757063	Local	A044
Lowther	Lowther/ Hampton district War Memorial	Jenolan Caves Road	Lot 151, DP 757063	Local	A185
Lowther	Lowther Park cemetery	96 Larnach Baker Road	Lot 233, DP 757063	Local	A043
Meadow Flat	Meadow Flat School Bell	Great Western Highway	Lot 1, DP 782196	Local	A092
Meadow Flat	Meadow Flat War Memorial	Great Western Highway	Lot 7001, DP 1021302	Local	A091
Meadow Flat	Meadow Flat General Cemetery	Meadow Flat Cemetery Road	Lots 7002 and 7004, DP 1052053	Local	A093
Meadow Flat	Mount Lambie Presbyterian Cemetery	75 Thorpes Pinch Road	Lot 2, DP 1043887	Local	A094
Megalong Valley	Six Foot Track	Megalong Valley		Local	A182
Mt Victoria	Hill Top Tramway above Hartley Vale	Darling Causeway	Lot 372, DP 41332	Local	A174
Mt Victoria	Hill Top Tramway above Hartley Vale	Darling Causeway	Lot 7010, DP 92868; Lot 372, DP 41332	Local	A175
Mt Victoria	Victoria Pass	Great Western Highway	Lot 7312, DP 1162788	Local	A183
Palmers Oakey	Palmers Oakey General Cemetery	Off Sunny Corner Road	Lot 111, DP 755795	Local	A106
Portland	Portland General Cemetery	Sunny Corner Road	Lot 7300, DP 1144082	Local	A107
Round Swamp	Round Swamp Cemetery	5249 Castlereagh Highway	Lot 3, DP 565109	Local	A061
Rydal	Old Roman Catholic Cemetery	Cartwright Street	Lot 8, Section 19, DP 758890	Local	A068
Rydal	Rydal General Cemetery	Cartwright Street	Lot 7311, DP 1140577; Lot 7011, DP 1020468	Local	A069
Rydal	Thomas Veays Isolated Grave	140 Cut Hill Road	Lot 1, DP 1107268	Local	A070
Rydal	Martha Power grave	Rydal Hampton Road	Lot 100, DP 829748	Local	A071
Sodwalls	Gravestone of Ellen Griffiths and Julia Beale	281 Anarel Road	Lot 243, DP 757076	Local	A143
Sodwalls	Sodwalls Cemetery	329 Sodwalls Road	Lot 1, DP 737321	Local	A141
Tarana	Grave of Jeremiah Beale	Honeysuckle Falls Road	Lot 1, DP 876777	Local	A142
Tarana	Tarana Railway Station water tank	Sodwalls Road		State	A082
Wallerawang	Walker-Barton Private Cemetery	Foreshores Lake Wallace	Lot 1, DP 371608	Local	A109
Wallerawang	War Memorial	Main Street		Local	A184
Wallerawang	Wallerawang General Cemetery	Portland Road	Lots 408–414, DP 751651	Local	A108
Wolgan	Newnes Historic Site Group	Newnes Junction— Newnes		Local	A163
Wolgan	Christiana Williams grave	Wolgan Valley Road		Local	A110

sch 5: Am 2015 No 15, Sch 2.31; 2015 (691), cl 5 (2)–(4).

Schedule 6 Pond-based and tank-based aquaculture

(Clause 5.19)

Part 1 Pond-based and tank-based aquaculture

Division 1 Site location requirements

1 Conservation exclusion zones

(1)  Must not be carried out on the following land, except to the extent necessary to gain access to water—

(a)  land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,

(b)  vacant Crown land,

(c)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands.

(2)  Must not be carried out on the following land, except for the purposes of minimal infrastructure to support the extraction of water from, and discharge of water to, the land concerned—

(a)  land declared as an aquatic reserve under the Marine Estate Management Act 2014,

(b)  land declared as a marine park under the Marine Estate Management Act 2014.

Note—

Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.

Division 2 Operational requirements

2 Species selection

Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).

3 Pond-based aquaculture that is also intensive aquaculture—pond design

For pond-based aquaculture that is also intensive aquaculture—ponds must be capable of being drained or pumped and then completely dried.

4 Pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—freshwater discharges

For pond-based aquaculture and tank-based aquaculture that is also intensive aquaculture—no discharge of freshwater used to intensively cultivate or keep fish to natural waterbodies or wetlands is permitted, except freshwater discharge from open flow through systems.

5 Outlets from culture ponds etc

All outlets from culture ponds, tanks and other culture facilities must be screened to avoid the escape of fish.

6 Definition

In this Division—

intensive aquaculture has the same meaning as it has in the Fisheries Management (Aquaculture) Regulation 2017.

Part 2 Extensive pond-based aquaculture

Division 1 Site location requirements

7 Conservation exclusion zones

(1)  Must not be carried out on the following land, except to the extent necessary to gain access to water—

(a)  land declared an area of outstanding biodiversity value under the Biodiversity Conservation Act 2016,

(b)  vacant Crown land,

(c)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands.

Note—

Nothing in this clause affects any requirement under an Act relating to land specified in this clause to obtain a licence or other authority under that Act for development of the land.

8 Flood liability

Must be designed or constructed on land so that it will not be inundated by the discharge of a 1:100 ARI (average recurrent interval) flood event.

Division 2 Operational requirements

9 Species selection

Species of fish or marine vegetation cultivated or kept must be consistent with the relevant aquaculture industry development plan (within the meaning of clause 5.19).

10 Pond design

(1)  Must not require the construction of new ponds, water storages, dams or buildings.

(2)  Must not be located on permanent watercourses, creeks, billabongs or isolated outreaches of creeks or rivers.

(3)  Must be capable of preventing the escape of stock into natural waterbodies or wetlands.

11 Culture water

Must use freshwater.

Dictionary

(Clause 1.4)

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Plan.

Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains.

Aboriginal place of heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition and that may be shown on the Heritage Map, that is—

(a)  the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It may (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or

(b)  a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.

Note—

The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act.

acid sulfate soils means naturally occurring sediments and soils containing iron sulfides (principally pyrite) or their precursors or oxidation products, whose exposure to oxygen leads to the generation of sulfuric acid (for example, by drainage or excavation).

Acid Sulfate Soils Manual means the manual by that name published by the Acid Sulfate Soils Management Advisory Committee and made publicly available.

Active Street Frontages Map means the Lithgow Local Environmental Plan 2014 Active Street Frontages Map.

advertisement has the same meaning as in the Act.

Note—

The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.

advertising structure has the same meaning as in the Act.

Note—

The term is defined as a structure used or to be used principally for the display of an advertisement.

Advertising structures are a type of signage—see the definition of that term in this Dictionary.

affordable housing has the same meaning as in the Act.

Note—

The term is defined as housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument.

agricultural produce industry means a building or place used for the handling, treating, processing or packing, for commercial purposes, of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes wineries, flour mills, cotton seed oil plants, cotton gins, feed mills, cheese and butter factories, and juicing or canning plants, but does not include a livestock processing industry.

Note—

Agricultural produce industries are a type of rural industry—see the definition of that term in this Dictionary.

agriculture means any of the following—

(a)  aquaculture,

(b)  extensive agriculture,

(c)  intensive livestock agriculture,

(d)  intensive plant agriculture.

Note—

Part 6 of the Plantations and Reafforestation Act 1999 provides that exempt farm forestry within the meaning of that Act is not subject to the Environmental Planning and Assessment Act 1979.

air transport facility means an airport or a heliport that is not part of an airport, and includes associated communication and air traffic control facilities or structures.

airport means a place that is used for the landing, taking off, parking, maintenance or repair of aeroplanes, and includes associated buildings, installations, facilities and movement areas and any heliport that is part of the airport.

Note—

Airports are a type of air transport facility—see the definition of that term in this Dictionary.

airstrip means a single runway for the landing, taking off or parking of aeroplanes for private aviation only, but does not include an airport, heliport or helipad.

amusement centre means a building or place (not being part of a pub or registered club) used principally for playing—

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

(b)  electronic or mechanical amusement devices, such as pinball machines, computer or video games and the like.

animal boarding or training establishment means a building or place used for the breeding, boarding, training, keeping or caring of animals for commercial purposes (other than for the agistment of horses), and includes any associated riding school or ancillary veterinary hospital.

aquaculture has the same meaning as in the Fisheries Management Act 1994. It includes oyster aquaculture, pond-based aquaculture and tank-based aquaculture.

Note—

Aquaculture is a type of agriculture—see the definition of that term in this Dictionary.

archaeological site means a place that contains one or more relics.

artisan food and drink industry means a building or place the principal purpose of which is the making or manufacture of boutique, artisan or craft food or drink products only. It must also include at least one of the following—

(a)  a retail area for the sale of the products,

(b)  a restaurant or cafe,

(c)  facilities for holding tastings, tours or workshops.

Note—

See clause 5.4 for controls in industrial or rural zones relating to the retail floor area of an artisan food and drink industry.

Artisan food and drink industries are a type of light industry—see the definition of that term in this Dictionary.

attached dwelling means a building containing 3 or more dwellings, where—

(a)  each dwelling is attached to another dwelling by a common wall, and

(b)  each of the dwellings is on its own lot of land, and

(c)  none of the dwellings is located above any part of another dwelling.

Note—

Attached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.

attic means any habitable space, but not a separate dwelling, contained wholly within a roof above the ceiling line of the storey immediately below, except for minor elements such as dormer windows and the like.

backpackers’ accommodation means a building or place that—

(a)  provides temporary or short-term accommodation on a commercial basis, and

(b)  has shared facilities, such as a communal bathroom, kitchen or laundry, and

(c)  provides accommodation on a bed or dormitory-style basis (rather than by room).

Note—

Backpackers’ accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.

basement means the space of a building where the floor level of that space is predominantly below ground level (existing) and where the floor level of the storey immediately above is less than 1 metre above ground level (existing).

bed and breakfast accommodation means an existing dwelling in which temporary or short-term accommodation is provided on a commercial basis by the permanent residents of the dwelling and where—

(a)  meals are provided for guests only, and

(b)  cooking facilities for the preparation of meals are not provided within guests’ rooms, and

(c)  dormitory-style accommodation is not provided.

Note—

See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation.

Bed and breakfast accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.

bee keeping means a building or place used for the keeping and breeding of bees for commercial purposes.

Note—

Bee keeping is a type of extensive agriculture—see the definition of that term in this Dictionary.

biodiversity or biological diversity means the variety of living animal and plant life from all sources, and includes diversity within and between species and diversity of ecosystems.

biosolids treatment facility means a building or place used as a facility for the treatment of biosolids from a sewage treatment plant or from a water recycling facility.

Note—

Biosolids treatment facilities are a type of sewerage system—see the definition of that term in this Dictionary.

boarding house means a building that—

(a)  is wholly or partly let in lodgings, and

(b)  provides lodgers with a principal place of residence for 3 months or more, and

(c)  may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and

(d)  has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers,

but does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.

Note—

Boarding houses are a type of residential accommodation—see the definition of that term in this Dictionary.

boat building and repair facility means any facility (including a building or other structure) used primarily for the construction, maintenance or repair of boats, whether or not including the storage, sale or hire of boats, but does not include a marina or boat shed.

boat launching ramp means a structure designed primarily for the launching of trailer borne recreational vessels, and includes associated car parking facilities.

boat shed means a building or other structure used for the storage and routine maintenance of a boat or boats and that is associated with a private dwelling or non-profit organisation, and includes any skid used in connection with the building or other structure.

brothel has the same meaning as in the Act.

Note—

This definition is relevant to the definitions of home occupation (sex services) and sex services premises in this Dictionary.

building has the same meaning as in the Act.

Note—

The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure).

building height (or height of building) means—

(a)  in relation to the height of a building in metres—the vertical distance from ground level (existing) to the highest point of the building, or

(b)  in relation to the RL of a building—the vertical distance from the Australian Height Datum to the highest point of the building,

including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.

building identification sign means a sign that identifies or names a building and that may include the name of a building, the street name and number of a building, and a logo or other symbol but does not include general advertising of products, goods or services.

Note—

Building identification signs are a type of signage—see the definition of that term in this Dictionary.

building line or setback means the horizontal distance between the property boundary or other stated boundary (measured at 90 degrees from the boundary) and—

(a)  a building wall, or

(b)  the outside face of any balcony, deck or the like, or

(c)  the supporting posts of a carport or verandah roof,

whichever distance is the shortest.

bush fire hazard reduction work has the same meaning as in the Rural Fires Act 1997.

Note—

The term is defined as follows—

bush fire hazard reduction work means—

(a)  the establishment or maintenance of fire breaks on land, and

(b)  the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area to mitigate against the spread of a bush fire,

but does not include construction of a track, trail or road.

bush fire prone land has the same meaning as in the Act.

Note—

The term is defined, in relation to an area, as land recorded for the time being as bush fire prone land on a map for the area certified as referred to in section 10.3(2) of the Act.

bush fire risk management plan means a plan prepared under Division 4 of Part 3 of the Rural Fires Act 1997 for the purpose referred to in section 54 of that Act.

business identification sign means a sign—

(a)  that indicates—

(i)  the name of the person or business, and

(ii)  the nature of the business carried on by the person at the premises or place at which the sign is displayed, and

(b)  that may include the address of the premises or place and a logo or other symbol that identifies the business,

but that does not contain any advertising relating to a person who does not carry on business at the premises or place.

Note—

Business identification signs are a type of signage—see the definition of that term in this Dictionary.

business premises means a building or place at or on which—

(a)  an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or

(b)  a service is provided directly to members of the public on a regular basis,

and includes a funeral home and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, betting agencies and the like, but does not include an entertainment facility, home business, home occupation, home occupation (sex services), medical centre, restricted premises, sex services premises or veterinary hospital.

Note—

Business premises are a type of commercial premises—see the definition of that term in this Dictionary.

camping ground means an area of land that has access to communal amenities and on which campervans or tents, annexes or other similar portable and lightweight temporary shelters are, or are to be, installed, erected or placed for short term use, but does not include a caravan park.

canal estate development means development that incorporates wholly or in part a constructed canal, or other waterway or waterbody, that is inundated by or drains to a natural waterway or natural waterbody by surface water or groundwater movement (not being works of drainage, or for the supply or treatment of water, that are constructed by or with the authority of a person or body responsible for those functions and that are limited to the minimal reasonable size and capacity to meet a demonstrated need for the works), and that either—

(a)  includes the construction of dwellings (which may include tourist and visitor accommodation) of a kind other than, or in addition to—

(i)  dwellings that are permitted on rural land, and

(ii)  dwellings that are used for caretaker or staff purposes, or

(b)  requires the use of a sufficient depth of fill material to raise the level of all or part of that land on which the dwellings are (or are proposed to be) located in order to comply with requirements relating to residential development on flood prone land.

car park means a building or place primarily used for the purpose of parking motor vehicles, including any manoeuvring space and access thereto, whether operated for gain or not.

caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, installed or placed.

catchment action plan has the same meaning as in the Catchment Management Authorities Act 2003.

Note—

The term is defined as a catchment action plan of an authority that has been approved by the Minister under Part 4 of the Catchment Management Authorities Act 2003.

cellar door premises means a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area.

Note—

Cellar door premises are a type of retail premises—see the definition of that term in this Dictionary.

cemetery means a building or place used primarily for the interment of deceased persons or pets or their ashes, whether or not it contains an associated building for conducting memorial services.

centre-based child care facility means—

(a)  a building or place used for the education and care of children that provides any one or more of the following—

(i)  long day care,

(ii)  occasional child care,

(iii)  out-of-school-hours care (including vacation care),

(iv)  preschool care, or

(b)  an approved family day care venue (within the meaning of the Children (Education and Care Services) National Law (NSW)),

Note—

An approved family day care venue is a place, other than a residence, where an approved family day care service (within the meaning of the Children (Education and Care Services) National Law (NSW)) is provided.

but does not include—

(c)  a building or place used for home-based child care or school-based child care, or

(d)  an office of a family day care service (within the meanings of the Children (Education and Care Services) National Law (NSW)), or

(e)  a babysitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or

(f)  a child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium) to care for children while the children’s parents are using the facility, or

(g)  a service that is concerned primarily with providing lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or providing private tutoring, or

(h)  a child-minding service that is provided by or in a health services facility, but only if the service is established, registered or licensed as part of the institution operating in the facility.

charter and tourism boating facility means any facility (including a building or other structure) used for charter boating or tourism boating purposes, being a facility that is used only by the operators of the facility and that has a direct structural connection between the foreshore and the waterway, but does not include a marina.

classified road has the same meaning as in the Roads Act 1993.

Note—

The term is defined as follows—

classified road means any of the following—

(a)  a main road,

(b)  a highway,

(c)  a freeway,

(d)  a controlled access road,

(e)  a secondary road,

(f)  a tourist road,

(g)  a tollway,

(h)  a transitway,

(i)  a State work.

(See Roads Act 1993 for meanings of these terms.)

clearing native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.

clearing vegetation has the same meaning as in State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017.

coastal hazard has the same meaning as in the Coastal Management Act 2016.

coastal lake means a body of water identified in Schedule 1 to State Environmental Planning Policy (Coastal Management) 2018.

coastal protection works has the same meaning as in the Coastal Management Act 2016.

coastal waters of the State—see section 58 of the Interpretation Act 1987.

coastal zone has the same meaning as in the Coastal Management Act 2016.

commercial premises means any of the following—

(a)  business premises,

(b)  office premises,

(c)  retail premises.

community facility means a building or place—

(a)  owned or controlled by a public authority or non-profit community organisation, and

(b)  used for the physical, social, cultural or intellectual development or welfare of the community,

but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.

community land has the same meaning as in the Local Government Act 1993.

correctional centre means—

(a)  any premises declared to be a correctional centre by a proclamation in force under section 225 of the Crimes (Administration of Sentences) Act 1999, including any juvenile correctional centre or periodic detention centre, and

(b)  any premises declared to be a detention centre by an order in force under section 5 (1) of the Children (Detention Centres) Act 1987,

but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act.

Council means the Lithgow City Council.

crematorium means a building in which deceased persons or pets are cremated, whether or not it contains an associated building for conducting memorial services.

curtilage, in relation to a heritage item or conservation area, means the area of land (including land covered by water) surrounding a heritage item, a heritage conservation area, or building, work or place within a heritage conservation area, that contributes to its heritage significance.

dairy (pasture-based) means a dairy that is conducted on a commercial basis where the only restriction facilities present are milking sheds and holding yards and where cattle generally feed by grazing on living grasses and other plants on the land and are constrained for no more than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief).

Note—

Dairies (pasture-based) are a type of extensive agriculture—see the definition of that term in this Dictionary.

dairy (restricted) means a dairy that is conducted on a commercial basis where restriction facilities (in addition to milking sheds and holding yards) are present and where cattle have access to grazing for less than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief). It may comprise the whole or part of a restriction facility.

Note—

Dairies (restricted) are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.

demolish, in relation to a heritage item or an Aboriginal object, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item, Aboriginal object or building, work, relic or tree.

depot means a building or place used for the storage (but not sale or hire) of plant, machinery or other goods (that support the operations of an existing undertaking) when not required for use, but does not include a farm building.

designated State public infrastructure means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds—

(a)  State and regional roads,

(b)  bus interchanges and bus lanes,

(c)  land required for regional open space,

(d)  land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes).

drainage means any activity that intentionally alters the hydrological regime of any locality by facilitating the removal of surface or ground water. It may include the construction, deepening, extending, opening, installation or laying of any canal, drain or pipe, either on the land or in such a manner as to encourage drainage of adjoining land.

dual occupancy means a dual occupancy (attached) or a dual occupancy (detached).

Note—

Dual occupancies are a type of residential accommodation—see the definition of that term in this Dictionary.

dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.

Note—

Dual occupancies (attached) are a type of dual occupancy—see the definition of that term in this Dictionary.

dual occupancy (detached) means 2 detached dwellings on one lot of land, but does not include a secondary dwelling.

Note—

Dual occupancies (detached) are a type of dual occupancy—see the definition of that term in this Dictionary.

dwelling means a room or suite 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 only one dwelling.

Note—

Dwelling houses are a type of residential accommodation—see the definition of that term in this Dictionary.

early education and care facility means a building or place used for the education and care of children, and includes any of the following—

(a)  a centre-based child care facility,

(b)  home-based child care,

(c)  school-based child care.

earthworks means excavation or filling.

ecologically sustainable development has the same meaning as in the Act.

eco-tourist facility means a building or place that—

(a)  provides temporary or short-term accommodation to visitors on a commercial basis, and

(b)  is located in or adjacent to an area with special ecological or cultural features, and

(c)  is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact.

It may include facilities that are used to provide information or education to visitors and to exhibit or display items.

Note—

See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities.

Eco-tourist facilities are not a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.

educational establishment means a building or place used for education (including teaching), being—

(a)  a school, or

(b)  a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act.

electricity generating works means a building or place used for the purpose of—

(a)  making or generating electricity, or

(b)  electricity storage.

emergency services facility means a building or place (including a helipad) used in connection with the provision of emergency services by an emergency services organisation.

emergency services organisation means any of the following—

(a)  Ambulance Service of New South Wales,

(b)  Fire and Rescue NSW,

(c)  NSW Rural Fire Service,

(d)  NSW Police Force,

(e)  State Emergency Service,

(f)  New South Wales Volunteer Rescue Association Incorporated,

(g)  New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001,

(h)  an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989.

entertainment facility means a theatre, cinema, music hall, concert hall, dance hall and the like, but does not include a pub or registered club.

environmental facility means a building or place that provides for the recreational use or scientific study of natural systems, and includes walking tracks, seating, shelters, board walks, observation decks, bird hides or the like, and associated display structures.

environmental protection works means works associated with the rehabilitation of land towards its natural state or any work to protect land from environmental degradation, and includes bush regeneration works, wetland protection works, erosion protection works, dune restoration works and the like, but does not include coastal protection works.

Environmentally Sensitive Areas—Biodiversity Overlay Map means the Lithgow Local Environmental Plan 2014 Environmentally Sensitive Areas—Biodiversity Overlay Map.

Environmentally Sensitive Areas—Land Overlay Map means the Lithgow Local Environmental Plan 2014 Environmentally Sensitive Areas—Land Overlay Map.

Environmentally Sensitive Areas—Water Overlay Map means the Lithgow Local Environmental Plan 2014 Environmentally Sensitive Areas—Water Overlay Map.

estuary has the same meaning as in the Water Management Act 2000.

Note—

The term is defined as follows—

estuary means—

(a)  any part of a river whose level is periodically or intermittently affected by coastal tides, or

(b)  any lake or other partially enclosed body of water that is periodically or intermittently open to the sea, or

(c)  anything declared by the regulations (under the Water Management Act 2000) to be an estuary,

but does not include anything declared by the regulations (under the Water Management Act 2000) not to be an estuary.

excavation means the removal of soil or rock, whether moved to another part of the same site or to another site, but does not include garden landscaping that does not significantly alter the shape, natural form or drainage of the land.

exhibition home means a dwelling built for the purposes of the public exhibition and marketing of new dwellings, whether or not it is intended to be sold as a private dwelling after its use for those purposes is completed, and includes any associated sales or home finance office or place used for displays.

exhibition village means 2 or more exhibition homes and associated buildings and places used for house and land sales, site offices, advisory services, car parking, food and drink sales and other associated purposes.

extensive agriculture means any of the following—

(a)  the production of crops or fodder (including irrigated pasture and fodder crops) for commercial purposes,

(b)  the grazing of livestock (other than pigs and poultry) for commercial purposes on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the livestock,

(c)  bee keeping,

(d)  a dairy (pasture-based) where the animals generally feed by grazing on living grasses and other plants on the land as their primary source of dietary requirements, and any supplementary or emergency feeding, or temporary agistment or housing for weaning, dipping, tagging or similar husbandry purposes, of the animals.

Note—

Extensive agriculture is a type of agriculture—see the definition of that term in this Dictionary.

extractive industry means the winning or removal of extractive materials (otherwise than from a mine) by methods such as excavating, dredging, tunnelling or quarrying, including the storing, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing or separating, but does not include turf farming.

Note—

Extractive industries are not a type of industry—see the definition of that term in this Dictionary.

extractive material means sand, soil, gravel, rock or similar substances that are not minerals within the meaning of the Mining Act 1992.

Facilities Buffer Zone Map means the Lithgow Local Environmental Plan 2014 Facilities Buffer Zone Map.

farm building means a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling.

farm stay accommodation means a building or place that provides temporary or short-term accommodation to paying guests on a working farm as a secondary business to primary production.

Note—

See clause 5.4 for controls relating to the number of bedrooms.

Farm stay accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.

feedlot means a confined or restricted area that is operated on a commercial basis to rear and fatten cattle, sheep or other animals, but does not include a poultry farm, dairy or pig farm.

Note—

Feedlots are a type of intensive livestock agriculture. Intensive livestock agriculture does not include extensive agriculture. See the definitions of those terms in this Dictionary.

fill means the depositing of soil, rock or other similar extractive material obtained from the same or another site, but does not include—

(a)  the depositing of topsoil or feature rock imported to the site that is intended for use in garden landscaping, turf or garden bed establishment or top dressing of lawns and that does not significantly alter the shape, natural form or drainage of the land, or

(b)  the use of land as a waste disposal facility.

filming means recording images (whether on film or video tape or electronically or by other means) for exhibition or broadcast (such as by cinema, television or the internet or by other means), but does not include—

(a)  still photography, or

(b)  recording images of a wedding ceremony or other private celebration or event principally for the purpose of making a record for the participants in the ceremony, celebration or event, or

(c)  recording images as a visitor or tourist for non-commercial purposes, or

(d)  recording for the immediate purposes of a television program that provides information by way of current affairs or daily news.

fish has the same meaning as in the Fisheries Management Act 1994.

Note—

The term is defined as follows—

Definition of “fish”

(1)  

Fish means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead).

(2)  

Fish includes—

(a)  oysters and other aquatic molluscs, and

(b)  crustaceans, and

(c)  echinoderms, and

(d)  beachworms and other aquatic polychaetes.

(3)  

Fish also includes any part of a fish.

(4)  

However, fish does not include whales, mammals, reptiles, birds, amphibians or other things excluded from the definition by the regulations under the Fisheries Management Act 1994.

flood mitigation work means work designed and constructed for the express purpose of mitigating flood impacts. It involves changing the characteristics of flood behaviour to alter the level, location, volume, speed or timing of flood waters to mitigate flood impacts. Types of works may include excavation, construction or enlargement of any fill, wall, or levee that will alter riverine flood behaviour, local overland flooding, or tidal action so as to mitigate flood impacts.

Flood Planning Map means the Lithgow Local Environmental Plan 2014 Flood Planning Map.

floor space ratio—see clause 4.5.

Floor Space Ratio Map means the Lithgow Local Environmental Plan 2014 Floor Space Ratio Map. [Not adopted. See clause 4.4.]

food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following—

(a)  a restaurant or cafe,

(b)  take away food and drink premises,

(c)  a pub,

(d)  a small bar.

Note—

Food and drink premises are a type of retail premises—see the definition of that term in this Dictionary.

forestry means forestry operations within the meaning of the Forestry Act 2012 or Part 5B of the Local Land Services Act 2013.

Former Boundaries Map means the Lithgow Local Environmental Plan 2014 Former Boundaries Map.

freight transport facility means a facility used principally for the bulk handling of goods for transport by road, rail, air or sea, including any facility for the loading and unloading of vehicles, aircraft, vessels or containers used to transport those goods and for the parking, holding, servicing or repair of those vehicles, aircraft or vessels or for the engines or carriages involved.

function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.

funeral home means premises that are used to arrange, conduct and cater for funerals and memorial services, whether or not the premises include facilities for the short-term storage, dressing and viewing of bodies of deceased persons.

Note—

Funeral homes are a type of business premises—see the definition of that term in this Dictionary.

garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may include a restaurant or cafe and the sale of any of the following—

(a)  outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas,

(b)  pets and pet supplies,

(c)  fresh produce.

Note—

Garden centres are a type of retail premises—see the definition of that term in this Dictionary.

general industry means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity.

Note—

General industries are a type of industry—see the definition of that term in this Dictionary.

gross floor area means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, and includes—

(a)  the area of a mezzanine, and

(b)  habitable rooms in a basement or an attic, and

(c)  any shop, auditorium, cinema, and the like, in a basement or attic,

but excludes—

(d)  any area for common vertical circulation, such as lifts and stairs, and

(e)  any basement—

(i)  storage, and

(ii)  vehicular access, loading areas, garbage and services, and

(f)  plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and

(g)  car parking to meet any requirements of the consent authority (including access to that car parking), and

(h)  any space used for the loading or unloading of goods (including access to it), and

(i)  terraces and balconies with outer walls less than 1.4 metres high, and

(j)  voids above a floor at the level of a storey or storey above.

ground level (existing) means the existing level of a site at any point.

ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which consent has been granted or that is exempt development.

ground level (mean) means, for any site on which a building is situated or proposed, one half of the sum of the highest and lowest levels at ground level (finished) of the outer surface of the external walls of the building.

group home means a permanent group home or a transitional group home.

Note—

Group homes are a type of residential accommodation—see the definition of that term in this Dictionary.

group home (permanent) or permanent group home means a dwelling—

(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and

(b)  that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,

but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.

Note—

Permanent group homes are a type of group home—see the definition of that term in this Dictionary.

group home (transitional) or transitional group home means a dwelling—

(a)  that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and

(b)  that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people,

but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies.

Note—

Transitional group homes are a type of group home—see the definition of that term in this Dictionary.

hardware and building supplies means a building or place the principal purpose of which is the sale or hire of goods or materials, such as household fixtures, timber, tools, paint, wallpaper, plumbing supplies and the like, that are used in the construction and maintenance of buildings and adjacent outdoor areas.

Note—

Hardware and building supplies are a type of retail premises—see the definition of that term in this Dictionary.

hazardous industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), pose a significant risk in the locality—

(a)  to human health, life or property, or

(b)  to the biophysical environment.

Note—

Hazardous industries are a type of heavy industry—see the definition of that term in this Dictionary.

hazardous storage establishment means a building or place that is used for the storage of goods, materials or products and that would, 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 building or place from existing or likely future development on other land in the locality), pose a significant risk in the locality—

(a)  to human health, life or property, or

(b)  to the biophysical environment.

Note—

Hazardous storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.

headland includes a promontory extending from the general line of the coastline into a large body of water, such as a sea, coastal lake or bay.

health care professional means any person registered under an Act for the purpose of providing health care.

health consulting rooms means premises comprising one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals at any one time.

Note—

Health consulting rooms are a type of health services facility—see the definition of that term in this Dictionary.

health services facility means a building or place used to provide medical or other services relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or treatment of injury to persons, and includes any of the following—

(a)  a medical centre,

(b)  community health service facilities,

(c)  health consulting rooms,

(d)  patient transport facilities, including helipads and ambulance facilities,

(e)  hospital.

heavy industrial storage establishment means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and that requires separation from other development because of the nature of the processes involved, or the goods, materials, plant or machinery stored, and includes any of the following—

(a)  a hazardous storage establishment,

(b)  a liquid fuel depot,

(c)  an offensive storage establishment.

heavy industry means a building or place used to carry out an industrial activity that requires separation from other development because of the nature of the processes involved, or the materials used, stored or produced, and includes—

(a)  hazardous industry, or

(b)  offensive industry.

It may also involve the use of a hazardous storage establishment or offensive storage establishment.

Note—

Heavy industries are a type of industry—see the definition of that term in this Dictionary.

Height of Buildings Map means the Lithgow Local Environmental Plan 2014 Height of Buildings Map. [Not adopted. See clause 4.3.]

helipad means a place not open to the public used for the taking off and landing of helicopters.

heliport means a place open to the public that is 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.

Note—

Heliports are a type of air transport facility—see the definition of that term in this Dictionary.

heritage conservation area means an area of land of heritage significance—

(a)  shown on the Heritage Map as a heritage conservation area, and

(b)  the location and nature of which is described in Schedule 5,

and includes any heritage items situated on or within that area.

heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Public Service agency responsible to the Minister administering the Heritage Act 1977 that documents the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.

heritage impact statement means a document consisting of—

(a)  a statement demonstrating the heritage significance of a heritage item or heritage conservation area, and

(b)  an assessment of the impact that proposed development will have on that significance, and

(c)  proposals for measures to minimise that impact.

heritage item means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5.

Note—

An inventory of heritage items is also available at the office of the Council.

heritage management document means—

(a)  a heritage conservation management plan, or

(b)  a heritage impact statement, or

(c)  any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.

Heritage Map means the Lithgow Local Environmental Plan 2014 Heritage Map.

heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.

high technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following—

(a)  electronic or micro-electronic systems, goods or components,

(b)  information technology (such as computer software or hardware),

(c)  instrumentation or instruments of a scientific, industrial, technological, medical or similar nature,

(d)  biological, pharmaceutical, medical or paramedical systems, goods or components,

(e)  film, television or multi-media technologies, including any post production systems, goods or components,

(f)  telecommunications systems, goods or components,

(g)  sustainable energy technologies,

(h)  any other goods, systems or components intended for use in a science or technology related field,

but does not include a building or place used to carry out an industrial activity that presents a hazard or potential hazard to the neighbourhood or that, because of the scale and nature of the processes involved, interferes with the amenity of the neighbourhood.

Note—

High technology industries are a type of light industry—see the definition of that term in this Dictionary.

highway service centre means a building or place used to provide refreshments and vehicle services to highway users. It may include any one or more of the following—

(a)  a restaurant or cafe,

(b)  take away food and drink premises,

(c)  service stations and facilities for emergency vehicle towing and repairs,

(d)  parking for vehicles,

(e)  rest areas and public amenities.

home-based child care means a family day care residence (within the meaning of the Children (Education and Care Services) National Law (NSW)) at which the education and care service is provided at any one time to no more than 7 children (including any child of the person providing the service) all of whom are under the age of 13 years and no more than 4 of whom are children who do not ordinarily attend school.

Note—

A family day care residence is a residence at which a family day care educator educates and cares for children as part of a family day care service—see the Children (Education and Care Services) National Law (NSW).

home business means a business, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—

(a)  the employment of more than 2 persons other than the residents,

(b)  interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,

(c)  the exposure to view, from adjacent premises or from a public place, of unsightly matter,

(d)  the exhibition of signage, other than a business identification sign,

(e)  the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,

but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.

Note—

See clause 5.4 for controls relating to the floor area used for a home business.

home industry means an industrial activity, whether or not involving the sale of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—

(a)  the employment of more than 2 persons other than the residents,

(b)  interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise,

(c)  the exposure to view, from adjacent premises or from a public place, of unsightly matter,

(d)  the exhibition of signage, other than a business identification sign,

(e)  the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,

but does not include bed and breakfast accommodation or sex services premises.

Note—

See clause 5.4 for controls relating to the floor area used for a home industry.

Home industries are a type of light industry—see the definition of that term in this Dictionary.

home occupation means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve—

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

(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, grit or oil, traffic generation or otherwise, or

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

(d)  the exhibition of any signage (other than a business identification sign), or

(e)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,

but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.

home occupation (sex services) means the provision of sex services in a dwelling that is a brothel, or in a building that is a brothel and is ancillary to such a dwelling, by no more than 2 permanent residents of the dwelling and that does not involve—

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

(b)  interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or

(c)  the exhibition of any signage, or

(d)  the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,

but does not include a home business or sex services premises.

horticulture means the cultivation of fruits, vegetables, mushrooms, nuts, cut flowers and foliage and nursery products for commercial purposes, but does not include a plant nursery, turf farming or viticulture.

Note—

Horticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.

hospital means a building or place used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, psychiatric care or care for people with disabilities, or counselling 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 ancillary facilities for (or that consist of) any of the following—

(a)  day surgery, day procedures or health consulting rooms,

(b)  accommodation for nurses or other health care workers,

(c)  accommodation for persons receiving health care or for their visitors,

(d)  shops, kiosks, restaurants or cafes or take away food and drink premises,

(e)  patient transport facilities, including helipads, ambulance facilities and car parking,

(f)  educational purposes or any other health-related use,

(g)  research purposes (whether or not carried out by hospital staff or health care workers or for commercial purposes),

(h)  chapels,

(i)  hospices,

(j)  mortuaries.

Note—

Hospitals are a type of health services facility—see the definition of that term in this Dictionary.

hostel means premises that are generally staffed by social workers or support providers and at which—

(a)  residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and

(b)  cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.

Note—

Hostels are a type of residential accommodation—see the definition of that term in this Dictionary.

hotel or motel accommodation means a building or place (whether or not licensed premises under the Liquor Act 2007) that provides temporary or short-term accommodation on a commercial basis and that—

(a)  comprises rooms or self-contained suites, and

(b)  may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,

but does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.

Note—

Hotel or motel accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.

industrial activity means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity.

industrial retail outlet means a building or place that—

(a)  is used in conjunction with an industry (other than an artisan food and drink industry) or rural industry, and

(b)  is situated on the land on which the industry or rural industry is located, and

(c)  is used for the display or sale (whether by retail or wholesale) of only those goods that have been manufactured on the land on which the industry or rural industry is located,

but does not include a warehouse or distribution centre.

Note—

See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet.

industrial training facility means a building or place used in connection with vocational training in an activity (such as forklift or truck driving, welding or carpentry) that is associated with an industry, rural industry, extractive industry or mining, but does not include an educational establishment, business premises or retail premises.

industry means any of the following—

(a)  general industry,

(b)  heavy industry,

(c)  light industry,

but does not include—

(d)  rural industry, or

(e)  extractive industry, or

(f)  mining.

information and education facility means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like.

intensive livestock agriculture means the keeping or breeding, for commercial purposes, of cattle, poultry, pigs, goats, horses, sheep or other livestock, and includes any of the following—

(a)  dairies (restricted),

(b)  feedlots,

(c)  pig farms,

(d)  poultry farms,

but does not include extensive agriculture, aquaculture or the operation of facilities for drought or similar emergency relief.

Note—

Intensive livestock agriculture is a type of agriculture—see the definition of that term in this Dictionary.

intensive plant agriculture means any of the following—

(a)  the cultivation of irrigated crops for commercial purposes (other than irrigated pasture or fodder crops),

(b)  horticulture,

(c)  turf farming,

(d)  viticulture.

Note—

Intensive plant agriculture is a type of agriculture—see the definition of that term in this Dictionary.

jetty means a horizontal decked walkway providing access from the shore to the waterway and is generally constructed on a piered or piled foundation.

kiosk means premises that are used for the purposes of selling food, light refreshments and other small convenience items such as newspapers, films and the like.

Note—

See clause 5.4 for controls relating to the gross floor area of a kiosk.

Kiosks are a type of retail premises—see the definition of that term in this Dictionary.

Land Application Map means the Lithgow Local Environmental Plan 2014 Land Application Map.

Land Reservation Acquisition Map means the Lithgow Local Environmental Plan 2014 Land Reservation Acquisition Map.

Land Zoning Map means the Lithgow Local Environmental Plan 2014 Land Zoning Map.

landscaped area means a part of a site used for growing plants, grasses and trees, but does not include any building, structure or hard paved area.

landscaping material supplies means a building or place used for the storage and sale of landscaping supplies such as soil, gravel, potting mix, mulch, sand, railway sleepers, screenings, rock and the like.

Note—

Landscaping material supplies are a type of retail premises—see the definition of that term in this Dictionary.

light industry means a building or place used to carry out an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and includes any of the following—

(a)  high technology industry,

(b)  home industry,

(c)  artisan food and drink industry.

Note—

Light industries are a type of industry—see the definition of that term in this Dictionary.

liquid fuel depot means premises used for the bulk storage of petrol, oil, petroleum or other inflammable liquid for wholesale distribution and at which no retail trade is conducted.

Note—

Liquid fuel depots are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.

livestock processing industry means a building or place used for the commercial production of products derived from the slaughter of animals (including poultry) or the processing of skins or wool of animals and includes abattoirs, knackeries, tanneries, woolscours and rendering plants.

Note—

Livestock processing industries are a type of rural industry—see the definition of that term in this Dictionary.

local distribution premises means a building or place used for the storage or handling of items (whether goods or materials) pending their delivery to people and businesses in the local area, but from which no retail sales are made.

Note—

Local distribution premises are a type of warehouse or distribution centre—see the definition of that term in this Dictionary.

Lot Size Map means the Lithgow Local Environmental Plan 2014 Lot Size Map.

maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but does not include the removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology.

marina means a permanent boat storage facility (whether located wholly on land, wholly on a waterway or partly on land and partly on a waterway), and includes any of the following associated facilities—

(a)  any facility for the construction, repair, maintenance, storage, sale or hire of boats,

(b)  any facility for providing fuelling, sewage pump-out or other services for boats,

(c)  any facility for launching or landing boats, such as slipways or hoists,

(d)  any car parking or commercial, tourist or recreational or club facility that is ancillary to the boat storage facility,

(e)  any berthing or mooring facilities.

market means an open-air area, or an existing building, that is used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.

Note—

Markets are a type of retail premises—see the definition of that term in this Dictionary.

mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore, being 1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height Datum.

medical centre means premises that are used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals. It may include the ancillary provision of other health services.

Note—

Medical centres are a type of health services facility—see the definition of that term in this Dictionary.

mezzanine means an intermediate floor within a room.

mine means any place (including any excavation) where an operation is carried on for mining of any mineral by any method and any place on which any mining related work is carried out, but does not include a place used only for extractive industry.

mine subsidence district means a mine subsidence district proclaimed under section 15 of the Mine Subsidence Compensation Act 1961.

mining means mining carried out under the Mining Act 1992 or the recovery of minerals under the Offshore Minerals Act 1999, and includes—

(a)  the construction, operation and decommissioning of associated works, and

(b)  the rehabilitation of land affected by mining.

Note—

Mining is not a type of industry—see the definition of that term in this Dictionary.

mixed use development means a building or place comprising 2 or more different land uses.

mooring means a detached or freestanding apparatus located on or in a waterway and that is capable of securing a vessel, but does not include a mooring pen.

mooring pen means an arrangement of freestanding piles or other restraining devices designed or used for the purpose of berthing a vessel.

mortuary means premises that are used, or intended to be used, for the receiving, preparation, embalming and storage of bodies of deceased persons pending their interment or cremation.

moveable dwelling has the same meaning as in the Local Government Act 1993.

Note—

The term is defined as follows—

moveable dwelling means—

(a)  any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or

(b)  a manufactured home, or

(c)  any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition.

multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building.

Note—

Multi dwelling housing is a type of residential accommodation—see the definition of that term in this Dictionary.

native fauna means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate (including fish) or invertebrate and in any stage of biological development, but does not include humans.

native flora means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, and marine vegetation within the meaning of Part 7A of the Fisheries Management Act 1994.

native vegetation has the same meaning as in Part 5A of the Local Land Services Act 2013.

navigable waterway means any waterway that is from time to time capable of navigation and is open to or used by the public for navigation, but does not include flood waters that have temporarily flowed over the established bank of a watercourse.

neighbourhood shop means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank or dry cleaning, but does not include neighbourhood supermarkets or restricted premises.

Note—

See clause 5.4 for controls relating to the retail floor area of neighbourhood shops.

Neighbourhood shops are a type of shop—see the definition of that term in this Dictionary.

neighbourhood supermarket means premises the principal purpose of which is the sale of groceries and foodstuffs to provide for the needs of people who live or work in the local area.

Note—

See clause 5.4 for controls relating to the gross floor area of neighbourhood supermarkets.

Neighbourhood supermarkets are a type of shop—see the definition of that term in this Dictionary.

nominated State heritage item means a heritage item that—

(a)  has been identified as an item of State significance in a publicly exhibited heritage study adopted by the Council, and

(b)  the Council has, by notice in writing to the Heritage Council, nominated as an item of potential State significance.

non-potable water means water that does not meet the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.

offensive industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.

Note—

Offensive industries are a type of heavy industry—see the definition of that term in this Dictionary.

offensive storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality.

Note—

Offensive storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.

office premises means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used.

Note—

Office premises are a type of commercial premises—see the definition of that term in this Dictionary.

open cut mining means mining carried out on, and by excavating, the earth’s surface, but does not include underground mining.

operational land has the same meaning as in the Local Government Act 1993.

oyster aquaculture means the cultivation of any species of edible oyster for a commercial purpose.

Note—

Oyster aquaculture is a type of aquaculture—see the definition of that term in this Dictionary.

parking space means a space dedicated for the parking of a motor vehicle, including any manoeuvring space and access to it, but does not include a car park.

passenger transport facility means a building or place used for the assembly or dispersal of passengers by any form of transport, including facilities required for parking, manoeuvring, storage or routine servicing of any vehicle that uses the building or place.

people who are socially disadvantaged means—

(a)  people who are disadvantaged because of their alcohol or drug dependence, extreme poverty, psychological disorder or other similar disadvantage, or

(b)  people who require protection because of domestic violence or upheaval.

people with a disability means people of any age who, as a result of having an intellectual, psychiatric, sensory, physical or similar impairment, or a combination of such impairments, either permanently or for an extended period, have substantially limited opportunities to enjoy full and active lives.

pig farm means land that is used to keep or breed pigs for animal production, whether an indoor, outdoor, free-range or other type of operation.

Note—

Pig farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.

place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.

plant nursery means a building or place the principal purpose of which is the retail sale of plants that are grown or propagated on site or on an adjacent site. It may include the on-site sale of any such plants by wholesale and, if ancillary to the principal purpose for which the building or place is used, the sale of landscape and gardening supplies and equipment and the storage of these items.

Note—

Plant nurseries are a type of retail premises—see the definition of that term in this Dictionary.

pond-based aquaculture means aquaculture undertaken predominantly in ponds, raceways or dams (including any part of the aquaculture undertaken in tanks such as during the hatchery or depuration phases), but not including natural water-based aquaculture.

Note—

Pond-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical pond-based aquaculture is the pond culture of prawns, yabbies or silver perch.

port facilities means any of the following facilities at or in the vicinity of a designated port within the meaning of section 47 of the Ports and Maritime Administration Act 1995—

(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,

(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,

(c)  wharves for commercial fishing operations,

(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,

(e)  sea walls or training walls,

(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.

potable water means water that meets the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council.

poultry farm means land that is used to keep or breed poultry for animal production, whether for meat or egg production (or both) and whether an indoor, outdoor, free-range or other type of operation.

Note—

Poultry farms are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.

Pottery Estate Development Map means the Lithgow Local Environmental Plan 2014 Pottery Estate Development Map.

private open space means an area external to a building (including an area of land, terrace, balcony or deck) that is used for private outdoor purposes ancillary to the use of the building.

property vegetation plan mean a property vegetation plan approved under Part 4 of the Native Vegetation Act 2003 before the repeal of that Act (as continued in force by the regulations under the Biodiversity Conservation Act 2016).

pub means licensed premises under the Liquor Act 2007 the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises.

Note—

Pubs are a type of food and drink premises—see the definition of that term in this Dictionary.

public administration building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes, and includes a courthouse or a police station.

public authority has the same meaning as in the Act.

public land has the same meaning as in the Local Government Act 1993.

public reserve has the same meaning as in the Local Government Act 1993.

public utility infrastructure, in relation to an urban release area, includes infrastructure for any of the following—

(a)  the supply of water,

(b)  the supply of electricity,

(c)  the disposal and management of sewage.

public utility undertaking means any of the following undertakings carried on or permitted to be carried on by or by authority of any Public Service agency or under the authority of or in pursuance of any Commonwealth or State Act—

(a)  railway, road transport, water transport, air transport, wharf or river undertakings,

(b)  undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,

and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Public Service agency, corporation, firm or authority carrying on the undertaking.

rainwater tank means a tank designed for the storage of rainwater gathered on the land on which the tank is situated.

recreation area means a place used for outdoor recreation that is normally open to the public, and includes—

(a)  a children’s playground, or

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

(c)  a public park, reserve or garden or the like,

and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).

recreation facility (indoor) means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club.

recreation facility (major) means a building or place used for large-scale sporting or recreation activities that are attended by large numbers of people whether regularly or periodically, and includes theme parks, sports stadiums, showgrounds, racecourses and motor racing tracks.

recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).

Reduced Level (RL) means height above the Australian Height Datum, being the datum surface approximating mean sea level that was adopted by the National Mapping Council of Australia in May 1971.

registered club means a club that holds a club licence under the Liquor Act 2007.

relic has the same meaning as in the Heritage Act 1977.

Note—

The term is defined as follows—

relic means any deposit, artefact, object or material evidence that—

(a)  relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and

(b)  is of State or local heritage significance.

research station means a building or place operated by a public authority for the principal purpose of agricultural, environmental, fisheries, forestry, minerals or soil conservation research, and includes any associated facility for education, training, administration or accommodation.

residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following—

(a)  attached dwellings,

(b)  boarding houses,

(c)  dual occupancies,

(d)  dwelling houses,

(e)  group homes,

(f)  hostels,

(g)  multi dwelling housing,

(h)  residential flat buildings,

(i)  rural workers’ dwellings,

(j)  secondary dwellings,

(k)  semi-detached dwellings,

(l)  seniors housing,

(m)  shop top housing,

but does not include tourist and visitor accommodation or caravan parks.

residential care facility means accommodation for seniors or people with a disability that includes—

(a)  meals and cleaning services, and

(b)  personal care or nursing care, or both, and

(c)  appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,

but does not include a dwelling, hostel, hospital or psychiatric facility.

Note—

Residential care facilities are a type of seniors housing—see the definition of that term in this Dictionary.

residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling or multi dwelling housing.

Note—

Residential flat buildings are a type of residential accommodation—see the definition of that term in this Dictionary.

resource recovery facility means a building or place used for the recovery of resources from waste, including works or activities such as separating and sorting, processing or treating the waste, composting, temporary storage, transfer or sale of recovered resources, energy generation from gases and water treatment, but not including re-manufacture or disposal of the material by landfill or incineration.

Note—

Resource recovery facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.

respite day care centre means a building or place that is used for the care of seniors or people who have a disability and that does not provide overnight accommodation for people other than those related to the owner or operator of the centre.

restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided.

Note—

Restaurants or cafes are a type of food and drink premises—see the definition of that term in this Dictionary.

restricted premises means premises that, due to their nature, restrict access to patrons or customers over 18 years of age, and includes sex shops and similar premises, but does not include a pub, hotel or motel accommodation, home occupation (sex services) or sex services premises.

restriction facilities means facilities where animals are constrained for management purposes, including milking sheds, pads, feed stalls, holding yards and paddocks where the number of livestock exceeds the ability of vegetation to recover from the effects of grazing in a normal growing season, but does not include facilities for drought or similar emergency relief.

retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following—

(a)    (Repealed)

(b)  cellar door premises,

(c)  food and drink premises,

(d)  garden centres,

(e)  hardware and building supplies,

(f)  kiosks,

(g)  landscaping material supplies,

(h)  markets,

(i)  plant nurseries,

(j)  roadside stalls,

(k)  rural supplies,

(l)  shops,

(la)  specialised retail premises,

(m)  timber yards,

(n)  vehicle sales or hire premises,

but does not include highway service centres, service stations, industrial retail outlets or restricted premises.

Note—

Retail premises are a type of commercial premises—see the definition of that term in this Dictionary.

road means a public road or a private road within the meaning of the Roads Act 1993, and includes a classified road.

roadside stall means a place or temporary structure used for the retail sale of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property.

Note—

See clause 5.4 for controls relating to the gross floor area of roadside stalls.

Roadside stalls are a type of retail premises—see the definition of that term in this Dictionary.

rural industry means the handling, treating, production, processing, storage or packing of animal or plant agricultural products for commercial purposes, and includes any of the following—

(a)  agricultural produce industries,

(b)  livestock processing industries,

(c)  composting facilities and works (including the production of mushroom substrate),

(d)  sawmill or log processing works,

(e)  stock and sale yards,

(f)  the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise.

Note—

Rural industries are not a type of industry—see the definition of that term in this Dictionary.

rural supplies means a building or place used for the display, sale or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and other goods or materials used in farming and primary industry production.

Note—

Rural supplies are a type of retail premises—see the definition of that term in this Dictionary.

rural worker’s dwelling means a building or place that is additional to a dwelling house on the same lot and that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land.

Note—

Rural workers’ dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.

sawmill or log processing works means a building or place used for handling, cutting, chipping, pulping or otherwise processing logs, baulks, branches or stumps, principally derived from surrounding districts, into timber or other products derived from wood.

Note—

Sawmill or log processing works are a type of rural industry—see the definition of that term in this Dictionary.

school means a government school or non-government school within the meaning of the Education Act 1990.

Note—

Schools are a type of educational establishment—see the definition of that term in this Dictionary.

school-based child care means a building or place within a school that is used to provide out-of-school-hours care (including vacation care) for school children only.

Note—

Accordingly, a building or place within a school that is used to provide out-of-school-hours care for both school children and pre-school children is not school-based child care.

secondary dwelling means a self-contained dwelling that—

(a)  is established in conjunction with another dwelling (the principal dwelling), and

(b)  is on the same lot of land as the principal dwelling, and

(c)  is located within, or is attached to, or is separate from, the principal dwelling.

Note—

See clause 5.4 for controls relating to the total floor area of secondary dwellings.

Secondary dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.

self-storage units means premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials).

Note—

Self-storage units are a type of storage premises—see the definition of that term in this Dictionary.

semi-detached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling.

Note—

Semi-detached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.

seniors housing means a building or place that is—

(a)  a residential care facility, or

(b)  a hostel within the meaning of clause 12 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, or

(c)  a group of self-contained dwellings, or

(d)  a combination of any of the buildings or places referred to in paragraphs (a)–(c),

and that is, or is intended to be, used permanently for—

(e)  seniors or people who have a disability, or

(f)  people who live in the same household with seniors or people who have a disability, or

(g)  staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place,

but does not include a hospital.

Note—

Seniors housing is a type of residential accommodation—see the definition of that term in this Dictionary.

service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following—

(a)  the ancillary sale by retail of spare parts and accessories for motor vehicles,

(b)  the cleaning of motor vehicles,

(c)  installation of accessories,

(d)  inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),

(e)  the ancillary retail selling or hiring of general merchandise or services or both.

serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or cleaned by the owner or manager of the building or part of the building or the owner’s or manager’s agents.

Note—

Serviced apartments are a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.

sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated—

(a)  pipelines and tunnels, and

(b)  pumping stations, and

(c)  dosing facilities, and

(d)  odour control works, and

(e)  sewage overflow structures, and

(f)  vent stacks.

Note—

Sewage reticulation systems are a type of sewerage system—see the definition of that term in this Dictionary.

sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply.

Note—

Sewage treatment plants are a type of sewerage system—see the definition of that term in this Dictionary.

sewerage system means any of the following—

(a)  biosolids treatment facility,

(b)  sewage reticulation system,

(c)  sewage treatment plant,

(d)  water recycling facility,

(e)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(d).

sex services means sexual acts or sexual services in exchange for payment.

sex services premises means a brothel, but does not include home occupation (sex services).

shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop and neighbourhood supermarket, but does not include food and drink premises or restricted premises.

Note—

Shops are a type of retail premises—see the definition of that term in this Dictionary.

shop top housing means one or more dwellings located above ground floor retail premises or business premises.

Note—

Shop top housing is a type of residential accommodation—see the definition of that term in this Dictionary.

signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following—

(a)  an advertising structure,

(b)  a building identification sign,

(c)  a business identification sign,

but does not include a traffic sign or traffic control facilities.

site area means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but does not include the area of any land on which development is not permitted to be carried out under this Plan.

Note—

The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development.

site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage—

(a)  any basement,

(b)  any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary,

(c)  any eaves,

(d)  unenclosed balconies, decks, pergolas and the like.

small bar means a small bar within the meaning of the Liquor Act 2007.

Note—

Small bars are a type of food and drink premises—see the definition of that term in this Dictionary.

spa pool has the same meaning as in the Swimming Pools Act 1992.

Note—

The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.

specialised retail premises means a building or place the principal purpose of which is the sale, hire or display of goods that are of a size, weight or quantity, that requires—

(a)  a large area for handling, display or storage, or

(b)  direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,

but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale, hire or display of other goods referred to in this definition.

Note—

Examples of goods that may be sold at specialised retail premises include automotive parts and accessories, household appliances and fittings, furniture, homewares, office equipment, outdoor and recreation equipment, pet supplies and party supplies.

Specialised retail premises are a type of retail premises—see the definition of that term in this Dictionary.

stock and sale yard means a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock.

Note—

Stock and sale yards are a type of rural industry—see the definition of that term in this Dictionary.

storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include a heavy industrial storage establishment or a warehouse or distribution centre.

storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include—

(a)  a space that contains only a lift shaft, stairway or meter room, or

(b)  a mezzanine, or

(c)  an attic.

swimming pool has the same meaning as in the Swimming Pools Act 1992.

Note—

The term is defined as follows—

swimming pool means an excavation, structure or vessel—

(a)  that is capable of being filled with water to a depth of 300 millimetres or more, and

(b)  that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity,

and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act.

take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.

Note—

Take away food and drink premises are a type of food and drink premises—see the definition of that term in this Dictionary.

tank-based aquaculture means aquaculture undertaken exclusively in tanks, but not including natural water-based aquaculture.

Note—

Tank-based aquaculture is a type of aquaculture—see the definition of that term in this Dictionary. Typical tank-based aquaculture is the tank culture of barramundi or abalone.

telecommunications facility means—

(a)  any part of the infrastructure of a telecommunications network, or

(b)  any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or

(c)  any other thing used 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 electromagnetic energy, or both.

temporary structure has the same meaning as in the Act.

Note—

The term is defined as follows—

temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.

the Act means the Environmental Planning and Assessment Act 1979.

timber yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber.

Note—

Timber yards are a type of retail premises—see the definition of that term in this Dictionary.

tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following—

(a)  backpackers’ accommodation,

(b)  bed and breakfast accommodation,

(c)  farm stay accommodation,

(d)  hotel or motel accommodation,

(e)  serviced apartments,

but does not include—

(f)  camping grounds, or

(g)  caravan parks, or

(h)  eco-tourist facilities.

transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking.

truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.

turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.

Note—

Turf farming is a type of intensive plant agriculture—see the definition of that term in this Dictionary.

underground mining means—

(a)  mining carried out beneath the earth’s surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and

(b)  shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth’s surface),

but does not include open cut mining.

urban release area means the area of land identified as “Urban Release Area” on the Urban Release Area Map.

Urban Release Area Map means the Lithgow Local Environmental Plan 2014 Urban Release Area Map.

vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration.

vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises.

vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there.

Note—

Vehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.

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 purpose of treatment.

viticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine.

Note—

Viticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.

warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made, and includes local distribution premises.

waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal.

Note—

Waste disposal facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.

waste or resource management facility means any of the following—

(a)  a resource recovery facility,

(b)  a waste disposal facility,

(c)  a waste or resource transfer station,

(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).

waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport.

Note—

Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.

water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp.

water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated—

(a)  retention structures, and

(b)  treatment works, and

(c)  irrigation schemes.

Note—

Water recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.

water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure and dosing facilities.

Note—

Water reticulation systems are a type of water supply system—see the definition of that term in this Dictionary.

water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.

Note—

Water storage facilities are a type of water supply system—see the definition of that term in this Dictionary.

water supply system means any of the following—

(a)  a water reticulation system,

(b)  a water storage facility,

(c)  a water treatment facility,

(d)  a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).

water treatment facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility.

Note—

Water treatment facilities are a type of water supply system—see the definition of that term in this Dictionary.

waterbody means a waterbody (artificial) or waterbody (natural).

waterbody (artificial) or artificial waterbody means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently.

waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea).

watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial).

waterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).

wetland means—

(a)  natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or

(b)  artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.

wharf or boating facilities means a wharf or any of the following facilities associated with a wharf or boating that are not port facilities—

(a)  facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,

(b)  facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,

(c)  wharves for commercial fishing operations,

(d)  refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,

(e)  sea walls or training walls,

(f)  administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.

wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth.