{"id":"nsw:epi-2021-0727","name":"State Environmental Planning Policy (Precincts—Regional) 2021","slug":"state-environmental-planning-policy-precincts-regional-2021","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"727 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181155,"registerId":"nsw-nsw:epi-2021-0727-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Policy","content":"#### 1 Name of Policy\n\n1.1 Name of Policy\n\n> This Policy is [State Environmental Planning Policy (Precincts—Regional) 2021](/view/html/inforce/current/epi-2021-0727).","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Preliminary","content":"# Part 2 Preliminary\n\nPart 2.1 Preliminary","sortOrder":4},{"sectionNumber":"2","sectionType":"section","heading":"Aims of Chapter","content":"#### 2 Aims of Chapter\n\n2.1 Aims of Chapter\n\n> The aims of this Chapter are as follows—\n> \n> > (a) to facilitate the development, redevelopment or protection of important urban, coastal and regional sites of economic, environmental or social significance to the State so as to facilitate the orderly use, development or conservation of those State significant precincts for the benefit of the State,\n> \n> > (b) to facilitate service delivery outcomes for a range of public services and to provide for the development of major sites for a public purpose or redevelopment of major sites no longer appropriate or suitable for public purposes.","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Preliminary","content":"# Part 3 Preliminary\n\nPart 3.1 Preliminary","sortOrder":15},{"sectionNumber":"3","sectionType":"section","heading":"Aims of Chapter","content":"#### 3 Aims of Chapter\n\n3.1 Aims of Chapter\n\n> The aim of this Chapter is to identify Activation Precincts in order to—\n> \n> > (a) promote economic development, industry investment and innovation and to create employment in those Precincts, and\n> \n> > (b) facilitate strategic and efficient development of land and infrastructure in those Precincts, and\n> \n> > (c) protect and enhance land in those Precincts that has natural and cultural heritage value.","sortOrder":16},{"sectionNumber":"Division 1","sectionType":"division","heading":"General","content":"## Division 1 General\n\nDivision 1 General","sortOrder":27},{"sectionNumber":"Division 2","sectionType":"division","heading":"Consultation for certain development","content":"## Division 2 Consultation for certain development\n\nDivision 2 Consultation for certain development","sortOrder":33},{"sectionNumber":"Part 4","sectionType":"part","heading":"Preliminary","content":"# Part 4 Preliminary\n\nPart 4.1 Preliminary\n\n**pt 4.1:** Subst 2022 (824), Sch 1\\[1\\].","sortOrder":46},{"sectionNumber":"4","sectionType":"section","heading":"Aim and objectives of Chapter","content":"#### 4 Aim and objectives of Chapter\n\n4.1 Aim and objectives of Chapter\n\n> > (1) The aim of this Chapter is to protect and enhance the Alpine Region by ensuring development is managed with regard to the principles of ecologically sustainable development, including the conservation and restoration of ecological processes, natural systems and biodiversity.\n> \n> > (2) The objectives of this Chapter are as follows—\n> > \n> > > (a) to encourage the carrying out of a range of development to support sustainable tourism in the Alpine Region all year round, if the development does not result in adverse environmental, social or economic impacts on the natural or cultural environment of the Alpine Region, including cumulative impacts on the environment from development and resource use,\n> > \n> > > (b) to establish planning controls that—\n> > > \n> > > > (i) contribute to and facilitate the carrying out of ecologically sustainable development in the Alpine Region, and\n> > > \n> > > > (ii) recognise the Alpine Region’s significant contribution to recreation and the tourism economy in the State,\n> > \n> > > (c) to minimise the risk to the community of exposure to environmental hazards, particularly geotechnical hazards, bush fires and flooding, by—\n> > > \n> > > > (i) generally requiring development consent on land in the Alpine Region, and\n> > > \n> > > > (ii) establishing planning controls for buildings to ensure the safety of persons using the buildings if there is a fire.\n> \n> **s 4.1:** Subst 2022 (824), Sch 1\\[1\\].","sortOrder":47},{"sectionNumber":"ch.4-pt","sectionType":"part","heading":"Land Use Table","content":"# ch.4-pt Land Use Table\n\nLand Use Table\n\nBlue Cow Terminal\n\nBullocks Flat Terminal\n\nCharlotte Pass Alpine Resort\n\nCreel Bay Alpine Accommodation\n\nKosciuszko Tourist Park Alpine Accommodation\n\nMount Selwyn Alpine Resort\n\nPerisher Range Alpine Resort\n\nSki Rider Alpine Accommodation\n\nSponars Chalet Alpine Accommodation\n\nThredbo Alpine Resort\n\nThredbo Ranger Station Alpine Accommodation","sortOrder":58},{"sectionNumber":"Part 5","sectionType":"part","heading":"Preliminary","content":"# Part 5 Preliminary\n\nPart 5.1 Preliminary\n\nNote.\n\nThe [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155) sets out matters to be included in standard local environmental plans. While this Chapter is not a standard local environmental plan, it is generally consistent with standard plans. A number of clauses from the [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155) have been included in this Chapter and the clause numbering from that order has been retained. This means that the numbering in this Chapter may contain some gaps. Additional provisions have been inserted and are numbered accordingly.","sortOrder":118},{"sectionNumber":"5","sectionType":"section","heading":"Aims of Chapter","content":"#### 5 Aims of Chapter\n\n5.1 Aims of Chapter\n\n> The aims of this Chapter are as follows—\n> \n> > (a) to promote the economic and social revitalisation of Gosford City Centre,\n> \n> > (b) to strengthen the regional position of Gosford City Centre as a multi-functional and innovative centre for commerce, education, health care, culture and the arts, while creating a highly liveable urban space with design excellence in all elements of its built and natural environments,\n> \n> > (c) to protect and enhance the vitality, identity and diversity of Gosford City Centre,\n> \n> > (d) to promote employment, residential, recreational and tourism opportunities in Gosford City Centre,\n> \n> > (e) to encourage responsible management, development and conservation of natural and man-made resources and to ensure that Gosford City Centre achieves sustainable social, economic and environmental outcomes,\n> \n> > (f) to protect and enhance the environmentally sensitive areas and natural and cultural heritage of Gosford City Centre for the benefit of present and future generations,\n> \n> > (g) to help create a mixed use place, with activity during the day and throughout the evening, so that Gosford City Centre is safe, attractive and efficient for, and inclusive of, its local population and visitors alike,\n> \n> > (h) to preserve and enhance solar access to key public open spaces,\n> \n> > (i) to provide direct, convenient and safe pedestrian links between Gosford City Centre and the Gosford waterfront,\n> \n> > (j) to ensure that development exhibits design excellence to deliver the highest standard of architectural and urban design in Gosford City Centre.","sortOrder":119},{"sectionNumber":"Part 6","sectionType":"part","heading":"Preliminary","content":"# Part 6 Preliminary\n\nPart 6.1 Preliminary\n\n**pt 6.1:** Ins 2025 (618), Sch 2\\[1\\].","sortOrder":216},{"sectionNumber":"6","sectionType":"section","heading":"Aims of chapter","content":"#### 6 Aims of chapter\n\n6.1 Aims of chapter\n\n> The aims of this chapter are as follows—\n> \n> > (a) to promote sustainable, orderly and transformational development in the Port Kembla Land Transformation Precinct,\n> \n> > (b) to ensure development is compatible with the long-term growth of Port Kembla and the ongoing operational needs of Port Kembla Steelworks,\n> \n> > (c) to encourage employment opportunities to support the revitalisation of the Port Kembla Land Transformation Precinct,\n> \n> > (d) to ensure that urban development on the land achieves desirable environmental, social and economic outcomes,\n> \n> > (e) to ensure that utility and transport infrastructure is delivered in a staged manner that supports the Port Kembla Land Transformation Precinct,\n> \n> > (f) to protect and enhance land in the Port Kembla Land Transformation Precinct that has natural and cultural heritage value.\n> \n> **s 6.1:** Ins 2025 (618), Sch 2\\[1\\].","sortOrder":217},{"sectionNumber":"app.1","sectionType":"schedule","heading":"State significant precinct—Kings Forest site","content":"# app.1 State significant precinct—Kings Forest site\n\nAppendix 1 State significant precinct—Kings Forest site\n\nsection 2.7","sortOrder":256},{"sectionNumber":"7","sectionType":"section","heading":"Ecological buffers","content":"#### 7 Ecological buffers\n\n7 Ecological buffers\n\n> > (1) Consent must not be granted to development on land within an ecological buffer unless the consent authority is satisfied, after considering a detailed environmental assessment, that—\n> > \n> > > (a) the development complies with the objectives for ecological buffers and other provisions of this section, and\n> > \n> > > (b) there is no practicable alternative to siting the development within the buffer.\n> \n> > (2) The objectives for ecological buffers are—\n> > \n> > > (a) to protect wetlands or areas of particular habitat significance, and\n> > \n> > > (b) to restrict development so that, as far as practicable, it does not occur within ecological buffers, and\n> > \n> > > (c) to help ensure that development is designed, sited and managed so as to minimise its impact on the ecological and hydrological functions of ecological buffers, and\n> > \n> > > (d) to encourage the restoration and maintenance of native vegetation and the ecological processes of land within and adjacent to wetlands or areas of particular habitat significance.\n> \n> > (3) Development on land within an ecological buffer is to—\n> > \n> > > (a) incorporate effective measures to manage wetlands or areas of particular habitat significance, and\n> > \n> > > (b) be designed and sited to maintain connectivity of vegetation and minimise vegetation clearing, soil disturbance and alterations to the rate, volume or quality of surface and ground-water flows, and\n> > \n> > > (c) retain and maintain all existing native vegetation outside the area immediately required for the development, and\n> > \n> > > (d) incorporate measures to regenerate native vegetation for all disturbed areas within the buffer, and\n> > \n> > > (e) incorporate appropriate stormwater and erosion control measures to protect the buffer from surface water run-off or other disturbance.\n> \n> > (4) When considering whether or not there is a practicable alternative to siting development inside an ecological buffer, the consent authority must consider—\n> > \n> > > (a) the design, type and site cover of the proposed development, and\n> > \n> > > (b) the physical characteristics of the land on which the development is proposed to be carried out, and\n> > \n> > > (c) the suitability of the land for the proposed development.","sortOrder":262},{"sectionNumber":"8","sectionType":"section","heading":"Agricultural buffers","content":"#### 8 Agricultural buffers\n\n8 Agricultural buffers\n\n> Consent must not be granted to development on land within an agricultural buffer unless the consent authority has considered the potential impact of the proposed development on agricultural activities on land adjoining the buffer and of those agricultural activities on future occupiers of land within the buffer.","sortOrder":263},{"sectionNumber":"9","sectionType":"section","heading":"Complying development","content":"#### 9 Complying development\n\n9 Complying development\n\n> For the purposes of determining whether development within the Kings Forest site is complying development, the provisions in Tweed Development Control Plan No 40 (as adopted by Tweed Shire Council on 6 October 2004) relating to single dwelling houses, or to development ancillary to single dwelling houses, are taken not to apply to the Kings Forest site.","sortOrder":264},{"sectionNumber":"10","sectionType":"section","heading":"Relationship with other environmental planning instruments","content":"#### 10 Relationship with other environmental planning instruments\n\n10 Relationship with other environmental planning instruments\n\n> The only environmental planning instruments that apply, according to their terms, to or in respect of development within the Kings Forest site are as follows—\n> \n> > (a) in the case of development that is a transitional Part 3A project—Chapter 2 and all other State environmental planning policies otherwise applicable to the land, except clause 4.6 of [Tweed Local Environmental Plan 2014](/view/html/inforce/current/epi-2014-0177),\n> \n> > (b) in the case of all other development—all environmental planning instruments otherwise applicable to the land, except clause 4.6 of [Tweed Local Environmental Plan 2014](/view/html/inforce/current/epi-2014-0177), but only to the extent that those instruments are not inconsistent with Chapter 2.","sortOrder":265},{"sectionNumber":"11","sectionType":"section","heading":"Infrastructure development and the use of existing buildings of the Crown","content":"#### 11 Infrastructure development and the use of existing buildings of the Crown\n\n11 Infrastructure development and the use of existing buildings of the Crown\n\n> > (1) This Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development that is permitted to be carried out with or without consent or that is exempt development under [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 2.\n> \n> > (2) This Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.","sortOrder":266},{"sectionNumber":"app.2","sectionType":"schedule","heading":"State significant precinct—Tomago Industrial site","content":"# app.2 State significant precinct—Tomago Industrial site\n\nAppendix 2 State significant precinct—Tomago Industrial site\n\nsection 2.7","sortOrder":267},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":268},{"sectionNumber":"12","sectionType":"section","heading":"Subdivision—consent requirements","content":"#### 12 Subdivision—consent requirements\n\n12 Subdivision—consent requirements\n\n> > (1) Land within the Tomago Industrial site may be subdivided, but only with consent.\n> > \n> > Note.\n> > \n> > [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies certain subdivision development as exempt development.","sortOrder":279},{"sectionNumber":"12A","sectionType":"section","heading":"Demolition requires development consent","content":"#### 12A Demolition requires development consent\n\n12A Demolition requires development consent\n\n> The demolition of a building or work may be carried out only with development consent.\n> \n> Note.\n> \n> If the demolition of a building or work is identified in an applicable environmental planning instrument, such as Chapter 2 or [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), as exempt development, the Act enables it to be carried out without development consent.","sortOrder":280},{"sectionNumber":"12B","sectionType":"section","heading":"Temporary use of land","content":"#### 12B Temporary use of land\n\n12B Temporary use of land\n\n> > (1) The objective of this section 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.\n> \n> > (2) Despite any other provision of Chapter 2, 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.\n> \n> > (3) Development consent must not be granted unless the consent authority is satisfied that—\n> > \n> > > (a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with Chapter 2 and any other applicable environmental planning instrument, and\n> > \n> > > (b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and\n> > \n> > > (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\n> > \n> > > (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.\n> \n> > (4) Despite subsection (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 subsection.\n> \n> > (5) Subsection (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subsection (4).","sortOrder":281},{"sectionNumber":"13","sectionType":"section","heading":"Relationship with other environmental planning instruments","content":"#### 13 Relationship with other environmental planning instruments\n\n13 Relationship with other environmental planning instruments\n\n> The only environmental planning instruments that apply, according to their terms, to the Tomago Industrial site are all other State environmental planning policies.","sortOrder":283},{"sectionNumber":"14","sectionType":"section","heading":"Notice of development applications to be given to councils","content":"#### 14 Notice of development applications to be given to councils\n\n14 Notice of development applications to be given to councils\n\n> The Secretary, in respect of an application to carry out development within the Tomago Industrial site that is a transitional Part 3A project, must forward a copy of the application—\n> \n> > (a) to the Port Stephens Council if the development, or any part of it, is proposed to be carried out in that council’s area, or\n> \n> > (b) to the Newcastle City Council, if the development, or any part of it, is proposed to be carried out in that council’s area,\n> \n> or to both councils, as the case may require.","sortOrder":284},{"sectionNumber":"16","sectionType":"section","heading":"Suspension of covenants, agreements and instruments","content":"#### 16 Suspension of covenants, agreements and instruments\n\n16 Suspension of covenants, agreements and instruments\n\n> > (1) For the purpose of enabling development on land within the Tomago Industrial site to be carried out in accordance with Chapter 2 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.\n> \n> > (2) Nothing in subsection (1) affects the rights or interests of any public authority under any registered instrument.\n> \n> > (3) Pursuant to section 28 of the Act, before the making of this section, the Governor approved of subsections (1) and (2).","sortOrder":285},{"sectionNumber":"16A","sectionType":"section","heading":"Conversion of fire alarms","content":"#### 16A Conversion of fire alarms\n\n16A Conversion of fire alarms\n\n> > (1) This section applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.\n> \n> > (2) The following development may be carried out, but only with development consent—\n> > \n> > > (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,\n> > \n> > > (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,\n> > \n> > > (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.\n> \n> > (3) Development to which subsection (2) applies is complying development if it consists only of—\n> > \n> > > (a) internal alterations to a building, or\n> > \n> > > (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.\n> \n> > (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.\n> \n> > (5) In this section—\n> > \n> > 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.","sortOrder":286},{"sectionNumber":"17","sectionType":"section","heading":"Infrastructure development and use of existing buildings of the Crown","content":"#### 17 Infrastructure development and use of existing buildings of the Crown\n\n17 Infrastructure development and use of existing buildings of the Crown\n\n> > (1) This Appendix 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 (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 2.\n> \n> > (2) This Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.","sortOrder":287},{"sectionNumber":"app.3","sectionType":"schedule","heading":"State significant precinct—Sandon Point site","content":"# app.3 State significant precinct—Sandon Point site\n\nAppendix 3 State significant precinct—Sandon Point site\n\nsection 2.7","sortOrder":288},{"sectionNumber":"13A","sectionType":"section","heading":"Demolition requires development consent","content":"#### 13A Demolition requires development consent\n\n13A Demolition requires development consent\n\n> The demolition of a building or work may be carried out only with development consent.\n> \n> Note.\n> \n> If the demolition of a building or work is identified in an applicable environmental planning instrument, such as Chapter 2 or [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), as exempt development, the Act enables it to be carried out without development consent.","sortOrder":303},{"sectionNumber":"13B","sectionType":"section","heading":"Temporary use of land","content":"#### 13B Temporary use of land\n\n13B Temporary use of land\n\n> > (1) The objective of this section 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.\n> \n> > (2) Despite any other provision of Chapter 2, 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.\n> \n> > (3) Development consent must not be granted unless the consent authority is satisfied that—\n> > \n> > > (a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with Chapter 2 and any other applicable environmental planning instrument, and\n> > \n> > > (b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and\n> > \n> > > (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\n> > \n> > > (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.\n> \n> > (4) Despite subsection (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 subsection.\n> \n> > (5) Subsection (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subsection (4).","sortOrder":304},{"sectionNumber":"15","sectionType":"section","heading":"Development in proximity to a rail corridor","content":"#### 15 Development in proximity to a rail corridor\n\n15 Development in proximity to a rail corridor\n\n> > (1) This section applies to land within the Sandon Point site that—\n> > \n> > > (a) comprises, or is within 60 metres of, an operating railway line or land reserved for the construction of a railway line, and\n> > \n> > > (b) is or is likely to be adversely affected by rail noise or vibration.\n> \n> > (2) Development must not be undertaken on land to which this section applies unless the development incorporates all practical mitigation measures for rail noise or vibration recommended by Rail Corporation New South Wales for development of that kind.","sortOrder":306},{"sectionNumber":"18","sectionType":"section","heading":"Exceptions to development standards—other development","content":"#### 18 Exceptions to development standards—other development\n\n18 Exceptions to development standards—other development\n\n> > (1) This section applies to development on land within the Sandon Point site, other than development that is part of a transitional Part 3A project.\n> \n> > (2) The objectives of this section are—\n> > \n> > > (a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, and\n> > \n> > > (b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances.\n> \n> > (3) Development consent may, subject to this section, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this section does not apply to a development standard that is expressly excluded from the operation of this section.\n> \n> > (4) Development consent must not be granted to development that contravenes a development standard unless the consent authority is satisfied the applicant for development consent has demonstrated that—\n> > \n> > > (a) compliance with the development standard is unreasonable or unnecessary in the circumstances, and\n> > \n> > > (b) there are sufficient environmental planning grounds to justify the contravention of the development standard.\n> > \n> > Note—\n> > \n> > The [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759) requires the development application to be accompanied by a document setting out the grounds on which the applicant seeks to demonstrate the matters in paragraphs (a) and (b).\n> \n> > (5) The consent authority must keep a record of its assessment carried out under subsection (4).\n> \n> > (6) (Repealed)\n> \n> > (7) Development consent must not be granted under this section for a subdivision of land in Zone E2 Environmental Conservation if—\n> > \n> > > (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\n> > \n> > > (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.\n> \n> > (8) (Repealed)\n> \n> > (9) This section does not allow development consent to be granted for development that would contravene any of the following—\n> > \n> > > (a) a development standard for complying development,\n> > \n> > > (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](/view/html/repealed/current/epi-2004-0396) applies or for the land on which such a building is situated.","sortOrder":309},{"sectionNumber":"19","sectionType":"section","heading":"Development within the coastal zone","content":"#### 19 Development within the coastal zone\n\n19 Development within the coastal zone\n\n> > (1) The objectives of this section are as follows—\n> > \n> > > (a) to provide for the protection of the coastal environment of the State for the benefit of both present and future generations through promoting the principles of ecologically sustainable development,\n> > \n> > > (b) to implement the principles in the NSW Coastal Policy, and in particular to—\n> > > \n> > > > (i) protect, enhance, maintain and restore the coastal environment, its associated ecosystems, ecological processes and biological diversity and its water quality, and\n> > > \n> > > > (ii) protect and preserve the natural, cultural, recreational and economic attributes of the NSW coast, and\n> > > \n> > > > (iii) provide opportunities for pedestrian public access to and along the coastal foreshore, and\n> > > \n> > > > (iv) recognise and accommodate coastal processes and climate change, and\n> > > \n> > > > (v) protect amenity and scenic quality, and\n> > > \n> > > > (vi) protect and preserve rock platforms, beach environments and beach amenity, and\n> > > \n> > > > (vii) protect and preserve native coastal vegetation, and\n> > > \n> > > > (viii) protect and preserve the marine environment, and\n> > > \n> > > > (ix) ensure that the type, bulk, scale and size of development is appropriate for the location and protects and improves the natural scenic quality of the surrounding area, and\n> > > \n> > > > (x) ensure that decisions in relation to new development consider the broader and cumulative impacts on the catchment, and\n> > > \n> > > > (xi) protect Aboriginal cultural places, values and customs, and\n> > > \n> > > > (xii) protect and preserve items of heritage, archaeological or historical significance.\n> \n> > (2) Development consent must not be granted to development on land within the Sandon Point site that is wholly or partly within the coastal zone unless the consent authority has considered—\n> > \n> > > (a) existing public access to and along the coastal foreshore for pedestrians (including persons with a disability) with a view to—\n> > > \n> > > > (i) maintaining existing public access and, where possible, improving that access, and\n> > > \n> > > > (ii) identifying opportunities for new public access, and\n> > \n> > > (b) the suitability of the proposed development, its relationship with the surrounding area and its impact on the natural scenic quality, taking into account—\n> > > \n> > > > (i) the type of the proposed development and any associated land uses or activities (including compatibility of any land-based and water-based coastal activities), and\n> > > \n> > > > (ii) the location, and\n> > > \n> > > > (iii) the bulk, scale, size and overall built form design of any building or work involved, and\n> > \n> > > (c) the impact of the proposed development on the amenity of the coastal foreshore including—\n> > > \n> > > > (i) any significant overshadowing of the coastal foreshore, and\n> > > \n> > > > (ii) any loss of views from a public place to the coastal foreshore, and\n> > \n> > > (d) how the visual amenity and scenic qualities of the coast, including coastal headlands, can be protected, and\n> > \n> > > (e) how biodiversity and ecosystems, including—\n> > > \n> > > > (i) native coastal vegetation and existing wildlife corridors, and\n> > > \n> > > > (ii) rock platforms, and\n> > > \n> > > > (iii) water quality of coastal water bodies, and\n> > > \n> > > > (iv) native fauna and native flora, and their habitats,\n> > > \n> > > can be conserved, and\n> > \n> > > (f) the effect of coastal processes and coastal hazards and potential impacts, including sea level rise—\n> > > \n> > > > (i) on the proposed development, and\n> > > \n> > > > (ii) arising from the proposed development, and\n> > \n> > > (g) the cumulative impacts of the proposed development and other development on the coastal catchment.\n> \n> > (3) Development consent must not be granted to development on land within the Sandon Point site that is wholly or partly within the coastal zone unless the consent authority is satisfied that—\n> > \n> > > (a) the proposed development will not impede or diminish, where practicable, the physical, land-based right of access of the public to or along the coastal foreshore, and\n> > \n> > > (b) if effluent from the development is disposed of by a non-reticulated system, it will not have a negative effect on the water quality of the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform, and\n> > \n> > > (c) the proposed development will not discharge untreated stormwater into the sea, or any beach, estuary, coastal lake, coastal creek or other similar body of water, or a rock platform.","sortOrder":310},{"sectionNumber":"20","sectionType":"section","heading":"Architectural roof features","content":"#### 20 Architectural roof features\n\n20 Architectural roof features\n\n> > (1) Development that includes an architectural roof feature that exceeds, or causes a building to exceed, the height limits set by section 14 may be carried out, but only with consent.\n> \n> > (2) Development consent must not be granted to any such development unless the consent authority is satisfied that—\n> > \n> > > (a) the architectural roof feature—\n> > > \n> > > > (i) comprises a decorative element on the uppermost portion of a building, and\n> > > \n> > > > (ii) is not an advertising structure, and\n> > > \n> > > > (iii) does not include floor space area and is not reasonably capable of modification to include floor space area, and\n> > > \n> > > > (iv) will cause minimal overshadowing, and\n> > \n> > > (b) any building identification signage or equipment for servicing the building (such as plant, lift motor rooms, fire stairs and the like) contained in or supported by the roof feature is fully integrated into the design of the roof feature.","sortOrder":311},{"sectionNumber":"20A","sectionType":"section","heading":"Conversion of fire alarms","content":"#### 20A Conversion of fire alarms\n\n20A Conversion of fire alarms\n\n> > (1) This section applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider.\n> \n> > (2) The following development may be carried out, but only with development consent—\n> > \n> > > (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,\n> > \n> > > (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,\n> > \n> > > (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.\n> \n> > (3) Development to which subsection (2) applies is complying development if it consists only of—\n> > \n> > > (a) internal alterations to a building, or\n> > \n> > > (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.\n> \n> > (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.\n> \n> > (5) In this section—\n> > \n> > 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.","sortOrder":312},{"sectionNumber":"21","sectionType":"section","heading":"Preservation of trees or vegetation","content":"#### 21 Preservation of trees or vegetation\n\n21 Preservation of trees or vegetation\n\n> > (1) The objective of this section is to preserve the amenity of the area through the preservation of trees and other vegetation.\n> \n> > (2) This section applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this section by a development control plan made by the council.\n> > \n> > Note.\n> > \n> > A development control plan may prescribe the trees or other vegetation to which this section applies by reference to species, size, location or other manner.\n> \n> > (3) A person must not ringbark, cut down, top, lop, remove, injure or wilfully destroy any tree or other vegetation to which any such development control plan applies without the authority conferred by—\n> > \n> > > (a) development consent, or\n> > \n> > > (b) a permit granted by the council.\n> \n> > (4) The refusal by the council to grant a permit to a person who has duly applied for the grant of the permit is taken for the purposes of the Act to be a refusal by the council to grant consent for the carrying out of the activity for which a permit was sought.\n> \n> > (5) This section does not apply to a tree or other vegetation that the council is satisfied is dying or dead and is not required as the habitat of native fauna.\n> \n> > (6) This section does not apply to a tree or other vegetation that the council is satisfied is a risk to human life or property.\n> \n> > (7) A permit under this section cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation that is or forms part of a heritage item.\n> > \n> > Note.\n> > \n> > As a consequence of this subsection, the activities concerned will require development consent. The heritage provisions of section 22 will be applicable to any such consent.\n> \n> > (8) This section does not apply to or in respect of—\n> > \n> > > (a) the clearing of native vegetation that is authorised by a development consent or property vegetation plan under the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103) or that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or\n> > \n> > > (b) the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103)) that is authorised by a development consent under the provisions of the [Native Vegetation Conservation Act 1997](/view/html/repealed/current/act-1997-133) as continued in force by that clause, or\n> > \n> > > (c) trees or other vegetation within a State forest, or land reserved from sale as a timber or forest reserve under the [Forestry Act 1916](/view/html/repealed/current/act-1916-055), or\n> > \n> > > (d) action required or authorised to be done by or under the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094), the [Roads Act 1993](/view/html/inforce/current/act-1993-033) or the [Surveying Act 2002](/view/html/inforce/current/act-2002-083), or\n> > \n> > > (e) plants declared to be noxious weeds under the [Noxious Weeds Act 1993](/view/html/repealed/current/act-1993-011).","sortOrder":313},{"sectionNumber":"22","sectionType":"section","heading":"Heritage conservation","content":"#### 22 Heritage conservation\n\n22 Heritage conservation\n\n> > (1) Development consent is required for any of the following—\n> > \n> > > (a) demolishing or moving a heritage item,\n> > \n> > > (b) altering a heritage item including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,\n> > \n> > > (c) altering a heritage item that is a building by making structural changes to its interior,\n> > \n> > > (d) 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,\n> > \n> > > (e) erecting a building on land on which a heritage item is located,\n> > \n> > > (f) subdividing land on which a heritage item is located.\n> \n> > (2) However, consent under this section is not required if—\n> > \n> > > (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—\n> > > \n> > > > (i) is of a minor nature, or is for the maintenance of the heritage item or archaeological site, and\n> > > \n> > > > (ii) would not adversely affect the significance of the heritage item, or\n> > \n> > > (b) the development is in a cemetery or burial ground and the proposed development—\n> > > \n> > > > (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\n> > > \n> > > > (ii) would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to a place of Aboriginal heritage significance, or\n> > \n> > > (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\n> > \n> > > (d) the development is exempt development.","sortOrder":314},{"sectionNumber":"23","sectionType":"section","heading":"Public utility infrastructure","content":"#### 23 Public utility infrastructure\n\n23 Public utility infrastructure\n\n> > (1) Development consent must not be granted for development on land within the Sandon Point site unless the consent authority 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 required.\n> \n> > (2) This section does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.\n> \n> > (3) In this section, public utility infrastructure, in relation to an urban release area, includes infrastructure for any of the following—\n> > \n> > > (a) the supply of water,\n> > \n> > > (b) the supply of electricity,\n> > \n> > > (c) the disposal and management of sewage.","sortOrder":315},{"sectionNumber":"24","sectionType":"section","heading":"Infrastructure development and use of existing buildings of the Crown","content":"#### 24 Infrastructure development and use of existing buildings of the Crown\n\n24 Infrastructure development and use of existing buildings of the Crown\n\n> > (1) This Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development that is permitted to be carried out with or without consent or that is exempt development under [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 2.\n> \n> > (2) This Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.","sortOrder":316},{"sectionNumber":"25","sectionType":"section","heading":"Relevant acquisition authority","content":"#### 25 Relevant acquisition authority\n\n25 Relevant acquisition authority\n\n> > (1) The objective of this section 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](/view/html/inforce/current/act-1991-022) (the owner-initiated acquisition provisions).\n> > \n> > Note.\n> > \n> > 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](/view/html/inforce/current/act-1991-022) requires the authority to acquire the land.\n> \n> > (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](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-regional-2021) (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).\n> > \n> > | Type of land shown on Map | Authority of the State |\n> > | Nil |  |\n> > \n> > Note 1.\n> > \n> > At the commencement of this Appendix, the [Land Reservation Acquisition Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-regional-2021) showed no land for acquisition.\n> > \n> > Note 2.\n> > \n> > If land, other than land specified in the Table to subsection (2), is required to be acquired under the owner-initiated acquisition provisions, the Minister for Planning is required to take action to enable the designation of the acquiring authority under this section. Pending the designation of the acquiring authority for that land, the acquiring authority is to be the authority determined by order of the Minister for Planning (see section 21 of the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022)).\n> \n> > (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.","sortOrder":317},{"sectionNumber":"26","sectionType":"section","heading":"Suspension of covenants, agreements and instruments","content":"#### 26 Suspension of covenants, agreements and instruments\n\n26 Suspension of covenants, agreements and instruments\n\n> > (1) For the purpose of enabling development on land within the Sandon Point site to be carried out in accordance with this Appendix or with a development 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.\n> \n> > (2) This section does not apply—\n> > \n> > > (a) to a covenant imposed by the council or that the council requires to be imposed, or\n> > \n> > > (b) to any relevant instrument within the meaning of section 13.4 of the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058), or\n> > \n> > > (c) to any conservation agreement within the meaning of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), or\n> > \n> > > (d) to any Trust agreement within the meaning of the [Nature Conservation Trust Act 2001](/view/html/repealed/current/act-2001-010), or\n> > \n> > > (e) to any property vegetation plan within the meaning of the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103), or\n> > \n> > > (f) to any biobanking agreement within the meaning of Part 7A of the [Threatened Species Conservation Act 1995](/view/html/repealed/current/act-1995-101), or\n> > \n> > > (g) to any planning agreement within the meaning of Division 7.1 of the Act.\n> \n> > (3) This section does not affect the rights or interests of any public authority under any registered instrument.\n> \n> > (4) Pursuant to section 28 of the Act, the Governor, before the making of this section, approved of subsections (1)–(3).","sortOrder":318},{"sectionNumber":"app.4","sectionType":"schedule","heading":"State significant precinct—Rise Bilambil Heights site","content":"# app.4 State significant precinct—Rise Bilambil Heights site\n\nAppendix 4 State significant precinct—Rise Bilambil Heights site\n\nsection 2.7","sortOrder":319},{"sectionNumber":"11A","sectionType":"section","heading":"Demolition requires development consent","content":"#### 11A Demolition requires development consent\n\n11A Demolition requires development consent\n\n> The demolition of a building or work may be carried out only with development consent.\n> \n> Note.\n> \n> If the demolition of a building or work is identified in an applicable environmental planning instrument, such as Chapter 2 or [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), as exempt development, the Act enables it to be carried out without development consent.","sortOrder":332},{"sectionNumber":"11B","sectionType":"section","heading":"Temporary use of land","content":"#### 11B Temporary use of land\n\n11B Temporary use of land\n\n> > (1) The objective of this section 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.\n> \n> > (2) Despite any other provision of Chapter 2, 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.\n> \n> > (3) Development consent must not be granted unless the consent authority is satisfied that—\n> > \n> > > (a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with Chapter 2 and any other applicable environmental planning instrument, and\n> > \n> > > (b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and\n> > \n> > > (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\n> > \n> > > (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.\n> \n> > (4) Despite subsection (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 subsection.\n> \n> > (5) Subsection (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subsection (4).","sortOrder":333},{"sectionNumber":"app.5","sectionType":"schedule","heading":"State significant precinct—Calderwood site","content":"# app.5 State significant precinct—Calderwood site\n\nAppendix 5 State significant precinct—Calderwood site\n\nsection 2.7","sortOrder":343},{"sectionNumber":"17A","sectionType":"section","heading":"Demolition requires development consent","content":"#### 17A Demolition requires development consent\n\n17A Demolition requires development consent\n\n> The demolition of a building or work may be carried out only with development consent.\n> \n> Note.\n> \n> If the demolition of a building or work is identified in an applicable environmental planning instrument, such as Chapter 2 or [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572), as exempt development, the Act enables it to be carried out without development consent.","sortOrder":363},{"sectionNumber":"27","sectionType":"section","heading":"Heritage conservation","content":"#### 27 Heritage conservation\n\n27 Heritage conservation\n\n> > (1) Objectives The objectives of this section are—\n> > \n> > > (a) to conserve the environmental heritage of the Calderwood site, and\n> > \n> > > (b) to conserve the heritage significance of heritage items and heritage conservation areas including associated fabric, settings and views, and\n> > \n> > > (c) to conserve places of Aboriginal heritage significance.\n> \n> > (2) Requirement for consent Development consent is required for any of the following—\n> > \n> > > (a) demolishing or moving a heritage item,\n> > \n> > > (b) altering a heritage item, including (in the case of a building) making changes to the detail, fabric, finish or appearance of its exterior,\n> > \n> > > (c) altering a heritage item that is a building by making structural changes to its interior,\n> > \n> > > (d) disturbing or excavating a place of Aboriginal heritage significance,\n> > \n> > > (e) erecting a building on land on which a heritage item is located,\n> > \n> > > (f) subdividing land on which a heritage item is located.\n> \n> > (3) When consent not required However, consent under this section is not required if—\n> > \n> > > (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—\n> > > \n> > > > (i) is of a minor nature, or is for the maintenance of the heritage item or archaeological site, and\n> > > \n> > > > (ii) would not adversely affect the significance of the heritage item or archaeological site, or\n> > \n> > > (b) the development is limited to the removal of a tree or other vegetation that the relevant council is satisfied is a risk to human life or property, or\n> > \n> > > (c) the development is exempt development.\n> \n> > (4) Effect on heritage significance The consent authority must, before granting consent under this section, consider the effect of the proposed development on the heritage significance of the heritage item concerned.\n> \n> > (5) Heritage impact assessment The consent authority may, before granting consent to any development on land—\n> > \n> > > (a) on which a heritage item is situated, or\n> > \n> > > (b) within the vicinity of land on which a heritage item is situated,\n> > \n> > require a heritage impact statement 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 concerned.\n> \n> > (6) Places of Aboriginal heritage significance The consent authority must, before granting consent under this section to the carrying out of development in a place of Aboriginal heritage significance—\n> > \n> > > (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, and\n> > \n> > > (b) notify the local Aboriginal communities (in such way as it thinks appropriate) about the application and take into consideration any response received within 28 days after the notice is sent.\n> \n> > (7) 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, even though development for that purpose would otherwise not be allowed by this Appendix, if the consent authority is satisfied that—\n> > \n> > > (a) the conservation of the heritage item is facilitated by the granting of consent, and\n> > \n> > > (b) the proposed development is in accordance with a heritage conservation management plan that has been approved by the consent authority, and\n> > \n> > > (c) the consent to the proposed development would require that all necessary conservation work identified in the heritage conservation management plan is carried out, and\n> > \n> > > (d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, and\n> > \n> > > (e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area.\n> \n> > (8) For the purposes of paragraph (b) of the definition of heritage item in section 2(1), the location and nature of a heritage item is specified in the following Table—\n> > \n> > Table—heritage items\n> > \n> > | Item name | Address | Property description | Item no |\n> > | Marshall Mount Methodist Cemetery | Calderwood Road, Calderwood | Lot 1, DP 195342 | 2 |\n> > | Marshall Mount Homestead and Barn | Marshall Mount Road, Calderwood | Part Lot 2, DP 2534 | 1 |","sortOrder":373},{"sectionNumber":"28","sectionType":"section","heading":"Public utility infrastructure","content":"#### 28 Public utility infrastructure\n\n28 Public utility infrastructure\n\n> > (1) Development consent must not be granted for development on land within the Calderwood site unless the consent authority 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 required.\n> \n> > (2) This section does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure.\n> \n> > (3) In this section, public utility infrastructure includes infrastructure for any of the following—\n> > \n> > > (a) the supply of water,\n> > \n> > > (b) the supply of electricity or gas,\n> > \n> > > (c) the disposal and management of sewage.","sortOrder":374},{"sectionNumber":"29","sectionType":"section","heading":"Development near zone boundaries","content":"#### 29 Development near zone boundaries\n\n29 Development near zone boundaries\n\n> > (1) The objective of this section 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.\n> \n> > (2) This section applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 50m.\n> \n> > (3) This section does not apply to—\n> > \n> > > (a) land in Zone RE1 Public Recreation, Zone E2 Environmental Conservation or Zone E3 Environmental Management, or\n> > \n> > > (b) land proposed to be developed for the purpose of sex services or restricted premises.\n> \n> > (4) Despite the provisions of Chapter 2 relating to the purposes for which development may be carried out, consent may be granted to development of land to which this section applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that—\n> > \n> > > (a) the development is not inconsistent with the objectives for development in both zones, and\n> > \n> > > (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.","sortOrder":375},{"sectionNumber":"30","sectionType":"section","heading":null,"content":"#### 30\n\n30 (Repealed)","sortOrder":376},{"sectionNumber":"31","sectionType":"section","heading":"Infrastructure development and use of existing buildings of the Crown","content":"#### 31 Infrastructure development and use of existing buildings of the Crown\n\n31 Infrastructure development and use of existing buildings of the Crown\n\n> > (1) This Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development that is permitted to be carried out with or without consent or that is exempt development under [State Environmental Planning Policy (Transport and Infrastructure) 2021](/view/html/inforce/current/epi-2021-0732), Chapter 2.\n> \n> > (2) This Appendix does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown.","sortOrder":377},{"sectionNumber":"32","sectionType":"section","heading":"Temporary use of land","content":"#### 32 Temporary use of land\n\n32 Temporary use of land\n\n> > (1) The objective of this section 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.\n> \n> > (2) Despite any other provision of this Appendix, development consent may be granted for development on land within the Calderwood site in any zone for a temporary purpose for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months.\n> \n> > (3) Development consent must not be granted unless the consent authority is satisfied that—\n> > \n> > > (a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Appendix and any other applicable environmental planning instrument, and\n> > \n> > > (b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and\n> > \n> > > (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\n> > \n> > > (d) at the end of the temporary use period the site will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.\n> \n> > (4) Despite subsection (2), the temporary use of a dwelling as a sales office for a new release area or housing estate may exceed 52 days (whether or not consecutive days) in any period of 12 months.\n> \n> > (5) Subsection (3)(d) does not apply to the temporary use of a dwelling as a sales office mentioned in subsection (4).","sortOrder":378},{"sectionNumber":"33","sectionType":"section","heading":"Interim land use","content":"#### 33 Interim land use\n\n33 Interim land use\n\n> > (1) Despite any other provision of this Appendix, development consent may be granted for development on land to which this Appendix applies for the following purposes—\n> > \n> > > (a) animal boarding or training establishments,\n> > \n> > > (b) extensive agriculture,\n> > \n> > > (c) cellar door premises,\n> > \n> > > (d) farm buildings,\n> > \n> > > (e) farm forestry,\n> > \n> > > (f) farm stay accommodation,\n> > \n> > > (g) rural worker’s dwellings,\n> > \n> > for a maximum period of 10 years.\n> \n> > (2) Development consent must not be granted unless the consent authority is satisfied that—\n> > \n> > > (a) the use will not prejudice the subsequent carrying out of development on the land in accordance with this Appendix or any other applicable environmental planning instrument, and\n> > \n> > > (b) the use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and\n> > \n> > > (c) the use and location of an structures will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land.","sortOrder":379},{"sectionNumber":"app.6","sectionType":"schedule","heading":"State significant precinct—Southern Highlands Regional Shooting Complex site","content":"# app.6 State significant precinct—Southern Highlands Regional Shooting Complex site\n\nAppendix 6 State significant precinct—Southern Highlands Regional Shooting Complex site\n\nsection 2.7","sortOrder":380},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Parkes Activation Precinct","content":"# Schedule 1 Parkes Activation Precinct\n\nSchedule 1 Parkes Activation Precinct\n\nsection 3.2(1), definition of “Activation Precinct”\n\n**Appendix 1, hdg:** Subst 2022 (835), Sch 3\\[5\\].\n\n**Appendix 1:** Am 2023 (626), Sch 1\\[15\\].\n\n**sch 1:** Am 2022 (48), Sch 1\\[4\\]–\\[13\\]; 2022 (472), cl 5; 2022 (823), Sch 1\\[6\\]–\\[9\\]; 2022 (825), Sch 3; 2023 (119), Sch 1\\[12\\]; 2023 (626), Sch 1\\[21\\]; 2024 (151), Sch 1; 2024 (427), Sch 1\\[6\\]; 2025 (402), Sch 1\\[3\\]; 2025 (644), Sch 1\\[2\\].","sortOrder":404},{"sectionNumber":"1A","sectionType":"section","heading":"Consent authority","content":"#### 1A Consent authority\n\n1A Consent authority\n\n> The Planning Secretary is the consent authority for development on land in the Parkes Activation Precinct that is in one of the following zones—\n> \n> > (a) Regional Enterprise Zone,\n> \n> > (b) SP2 Infrastructure Zone.","sortOrder":407},{"sectionNumber":"sch.1-pt","sectionType":"part","heading":"Land Use Table","content":"# sch.1-pt Land Use Table\n\nLand Use Table\n\nRegional Enterprise Zone\n\nSP2 Infrastructure Zone","sortOrder":411},{"sectionNumber":"sch.1-pt.3-div","sectionType":"division","heading":null,"content":"## sch.1-pt.3-div","sortOrder":425},{"sectionNumber":"10A","sectionType":"section","heading":"Preservation of trees and vegetation","content":"#### 10A Preservation of trees and vegetation\n\n10A Preservation of trees and vegetation\n\n> > (1) The objectives of this section are as follows—\n> > \n> > > (a) to preserve the amenity of the Parkes Activation Precinct through the preservation of trees and vegetation,\n> > \n> > > (b) to promote the conservation of native vegetation,\n> > \n> > > (c) to minimise the impact of development on native vegetation.\n> \n> > (2) This section applies to land identified as within an environmentally sensitive area on the [State Environmental Planning Policy (Activation Precincts) 2020 Parkes Activation Precinct Environmentally Sensitive Areas Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-regional-2021).\n> \n> > (3) A person must not clear native vegetation on land to which this section applies without development consent.\n> \n> > (4) Development consent under subsection (3) must not be granted unless the consent authority is satisfied that, in relation to the disturbance of native vegetation caused by the clearing—\n> > \n> > > (a) there is no reasonable alternative available to the disturbance of the native vegetation, and\n> > \n> > > (b) any impact of the proposed clearing on biodiversity values is avoided or minimised, and\n> > \n> > > (c) the disturbance of the native vegetation will not increase salinity, and\n> > \n> > > (d) native vegetation inadvertently disturbed for the purposes of construction will be reinstated where possible on completion of construction, and\n> > \n> > > (e) the loss of remnant native vegetation caused by the disturbance will be compensated by revegetation on or near the land to avoid a net loss of remnant native vegetation, and\n> > \n> > > (f) the clearing of the vegetation is unlikely to cause or increase soil erosion, salination, land slip, flooding, pollution or other adverse land or water impacts.\n> \n> > (5) [State Environmental Planning Policy (Biodiversity and Conservation) 2021](/view/html/inforce/current/epi-2021-0722), Chapter 2 does not apply to land to which this section applies.","sortOrder":429},{"sectionNumber":"Schedule 1A","sectionType":"schedule","heading":"Wagga Wagga Activation Precinct","content":"# Schedule 1A Wagga Wagga Activation Precinct\n\nSchedule 1A Wagga Wagga Activation Precinct\n\nsection 3.2(1), definition of “Activation Precinct”\n\n**sch 1A:** Ins 2022 (48), Sch 1\\[14\\]. Am 2022 (117), cl 4; 2022 (519), cl 5; 2022 (823), Sch 1\\[6\\] \\[10\\]–\\[12\\]; 2023 (626), Sch 1\\[21\\]–\\[24\\]; 2025 (402), Sch 1\\[4\\] \\[5\\]; 2025 (644), Sch 1\\[3\\] \\[4\\].","sortOrder":433},{"sectionNumber":"sch.1A-pt","sectionType":"part","heading":"Land Use Table","content":"# sch.1A-pt Land Use Table\n\nLand Use Table\n\nRegional Enterprise Zone\n\nRural Activity Zone\n\nSP2 Infrastructure Zone\n\nRE1 Public Recreation Zone\n\nE2 Environmental Conservation Zone","sortOrder":441},{"sectionNumber":"sch.1A-pt.3-div","sectionType":"division","heading":null,"content":"## sch.1A-pt.3-div","sortOrder":464},{"sectionNumber":"Schedule 1B","sectionType":"schedule","heading":"Moree Activation Precinct","content":"# Schedule 1B Moree Activation Precinct\n\nSchedule 1B Moree Activation Precinct\n\nsection 3.2(1), definition of “Activation Precinct”\n\n**sch 1B:** Ins 2022 (48), Sch 1\\[14\\]. Am 2022 (116), cl 4; 2022 (350), Sch 1\\[1\\]; 2022 (823), Sch 1\\[6\\] \\[13\\]–\\[15\\]; 2023 (626), Sch 1\\[21\\] \\[25\\]; 2024 (427), Sch 1\\[7\\]; 2025 (644), Sch 1\\[5\\] \\[6\\].","sortOrder":474},{"sectionNumber":"sch.1B-pt","sectionType":"part","heading":"Land Use Table","content":"# sch.1B-pt Land Use Table\n\nLand Use Table\n\nRegional Enterprise Zone\n\nRural Activity Zone\n\nSP1 Special Activities\n\nSP2 Infrastructure Zone","sortOrder":482},{"sectionNumber":"sch.1B-pt.2-div","sectionType":"division","heading":null,"content":"## sch.1B-pt.2-div","sortOrder":501},{"sectionNumber":"Schedule 1C","sectionType":"schedule","heading":"Exempt development—Chapter 3","content":"# Schedule 1C Exempt development—Chapter 3\n\nSchedule 1C Exempt development—Chapter 3\n\nSch 1, s 9(3), Sch 1A, s 9(3), Sch 1B, s 9(3) and Sch 1D, s 10(3)\n\n**sch 1C, hdg:** Am 2022 (350), Sch 1\\[2\\].\n\n| Development purpose | Development standards |\n| Access ramps | Must not interfere with the functioning of existing drainage fixtures or the natural surface flow of water.If located on bush fire prone land and less than 5m from a dwelling—must be constructed of non-combustible material. |\n| Aerials, antennae and communication dishes | Must resist loads in accordance with AS\\NZS 1170.0:2002, Structural design actions, Part 0: General Principles and AS\\NZS 1170.2:2011, Structural design actions - Part 2: Wind actions.Must be anchored by a concrete slab or footing designed in accordance with AS 3600:2018,Concrete structures. |\n| Air-conditioning units | Must be located on the wall or roof of a building that faces the primary road, or forward of the building line to the primary road.Must not reduce the existing fire resistance level of a wall.Must be designed so as not to operate during peak time at a noise level that exceeds 5 dB(A) above the ambient background noise level measured at any property boundary. |\n| Bollards | Must not reduce any existing means of entry to, or exit from, any such associated development or the lot on which it is situated. |\n| Carport, within the meaning of the Codes SEPP | Must not have a floor area of more than 100m.Must not involve the construction of a new driveway or gutter crossing unless the consent of the relevant road authority for each opening of a public road required for the development has been obtained under the Roads Act 1993.Must not be located between the building line and the primary road. |\n| Emergency services facilities—Wagga Wagga Activation Precinct only | Must be carried out by or on behalf of the NSW Rural Fire Service.Must not be constructed or installed on or in a heritage item, heritage conservation area, land on which an Aboriginal object is located or land at or below the flood planning level.Must be located on land in the Rural Activity Zone.Must not have an area of more than 140m.Must not exceed a height of 5m above ground level (existing).Must be located at a distance of at least 20m from the primary road frontage and at least 10m from each other lot boundary.Must not be constructed or installed within 50m of a dwelling.Must be located at least 50m from a natural waterbody.To the extent it is comprised of metal components—must be constructed of low reflective materials and designed and constructed in accordance with a professional engineer’s specifications.If it is located on bush fire prone land—must be constructed in accordance with the document titled Planning for Bush Fire Protection prescribed by the Environmental Planning and Assessment Regulation 2021, section 271. |\n| Emergency work and repairs, consisting of the repair of any damage to a building or structure caused by an event that constitutes a significant and widespread danger to life or property in land in the Activation Precinct in an area declared by an order under the State Emergency and Rescue Management Act 1989, section 33 to be an area where a state of emergency exists | Must be carried out within 6 months of the declaration being made.Must not change the configuration of the floor space of the building or structure being repaired.Must not increase the floor space of the building or structure being repaired. |\n| Farm building, other than a stock holding yard, grain silo or grain bunker—Parkes, Wagga Wagga and Moree Activation Precincts only | Must not be used for habitable purposes. |\n| Stock holding yard—Parkes, Wagga Wagga and Moree Activation Precincts only | Must not be used for habitable purposes.Must not include or comprise a stock and sale yard.Must not be roofed.Must be located at least 10m from any road boundary and at least 200m from any other boundary.Must be located at least 200m from any dwelling that is located on land on the opposite side of a road that separates the landholding on which the development is located and that other lot.Must be located at least 6m from any other farm building, including any farm building that is a grain silo or grain bunker, on the landholding or on an adjoining landholding.Must be located at least 100m from a waterbody (natural). |\n| Grain silo or grain bunker—Parkes, Wagga Wagga and Moree Activation Precincts only | Must not be used for habitable purposes.Must be located at least 100m from any dwelling.Must be located at least 6m from any other farm building, including any farm building that is a stock holding yard, on the landholding or on an adjoining landholding.Must be located at least 50m from a waterbody (natural). |\n| Signage—Parkes Activation Precinct only | Must be a business identification sign and must not include advertising of goods or services.Must have the consent in writing of the owner of the land on which the sign is to be located and, if the sign or part of the sign projects over adjoining land, the consent of the owner of the adjoining land.Must be approved under section 138 of the Roads Act 1993, if the sign or part of the sign projects over a public road, including a footway.Must not obstruct or interfere with a traffic sign. |\n| Signage—Wagga Wagga and Moree Activation Precincts only | Must be a business identification sign or a building identification sign and not include advertising of goods or services.Must have the consent in writing of the owner of the land on which the sign is to be located and, if the sign or part of the sign projects over adjoining land, the consent of the owner of the adjoining land.Must be approved under section 138 of the Roads Act 1993, if the sign or part of the sign projects over a public road, including a footway.Must not obstruct or interfere with a traffic sign.Must be erected at right angles to the wall of the building to which it is attached.Must not be illuminated or flashing.Must be constructed of non-reflective materials.Must not be more than 1.5m in area.Must not result in more than one building identification sign for the building.Must not result in more than one business identification sign for a business.Must not be located on or in a heritage item or heritage conservation area. |\n| Fuel tanks and gas storage (above ground)—Parkes, Wagga Wagga and Moree Activation Precincts only | Must not have a capacity of more than—(a) for a fuel tank—5,000 L, or(b) for a gas tank—1,000 L.Must be located at least 20m from the primary road frontage of the lot and at least 10m from each other lot boundary.Must be bunded with the capacity to contain at least 110% of the capacity of the tank.Must be located at least 1m from any registered easement, sewer main or water main.For a fuel tank—must be constructed of prefabricated metal, be freestanding and installed in accordance with the requirements of AS 1940:2017, The storage and handling of flammable and combustible liquids.For a gas tank—must be designed and constructed in accordance with the requirements of AS/NZS 1596:2014, The storage and handling of LP Gas by a professional engineer.Note.Other existing legislative requirements still apply in relation to work health and safety issues. |\n| Minor external non-structural building alteration, including the following—(a) painting, plastering, cement rendering, cladding, attaching fittings or decorative work,(b) the replacement of an external window, glazing areas or a door, other than those on bush fire prone land,(c) the repair to or replacement of a non-structural wall or roof cladding,(d) the installation of a security screen or grill to a door or window or a security door,(e) the repair to or replacement of a balustrade,(f) restumping or repairing structure foundations without increasing the height of the structure. | Must not reduce the existing fire resistance level of a wall or roof.If located on bush fire prone land, must be adequately sealed or protected to prevent the entry of embers and must use equivalent or improved quality materials.Must not affect any existing fire resisting components of the building.Must not involve the use of external combustible cladding.Must not affect the means of egress from the building in an emergency. |\n| Rainwater tanks (above and below ground)—Parkes and Wagga Wagga Activation Precincts only | Must not have a capacity of more than 25,000 litres.Must be fitted with a screened rain head designed to ensure self-cleaning and prevent leaf litter entering into the water tank.Must be fitted with a first-flush device incorporating an automatic resetting valve that causes initial run-off rainwater to bypass the tank.Must be constructed or installed with inlets and outlets designed to prevent mosquitoes breeding in it.Must have its overflow connected to an existing stormwater drainage system that does not discharge to an adjoining property, or cause a nuisance to adjoining owners.Must have a sign affixed to it with a statement to the effect that the water in the tank is rainwater.If reticulated water is provided to the lot—must not be interconnected with any system supplying drinking water to the lot unless it complies with the Council’s requirements. |\n| Demolition of development that would be exempt development under this Policy, Chapter 3 if it were being constructed or installed | If demolition involves the removal of asbestos, that removal must be undertaken in accordance with How To Safely Remove Asbestos: Code of Practice, ISBN 978 0 642 33317 9, published by Safe Work Australia in July 2020. |\n| Letter boxes |  |\n\n**sch 1C:** Ins 2022 (48), Sch 1\\[14\\]. Am 2022 (350), Sch 1\\[3\\] \\[4\\]; 2023 (83), Sch 2.5; 2023 (626), Sch 1\\[21\\] \\[26\\].","sortOrder":509},{"sectionNumber":"Schedule 1D","sectionType":"schedule","heading":"Snowy Mountains Activation Precinct","content":"# Schedule 1D Snowy Mountains Activation Precinct\n\nSchedule 1D Snowy Mountains Activation Precinct\n\nsection 3.2(1), definition of “Activation Precinct”\n\n**sch 1D:** Ins 2022 (350), Sch 1\\[5\\]. Am 2022 (516), Sch 2\\[1\\]–\\[5\\]; 2022 (823), Sch 1\\[6\\] \\[16\\]–\\[18\\]; 2023 (118), cl 6(1) (2); 2023 (523), Sch 2.5\\[5\\] \\[6\\]; 2023 (626), Sch 1\\[21\\] \\[27\\]–\\[29\\]; 2025 (644), Sch 1\\[7\\] \\[8\\].","sortOrder":510},{"sectionNumber":"sch.1D-pt","sectionType":"part","heading":"Land Use Table","content":"# sch.1D-pt Land Use Table\n\nLand Use Table\n\n**Land Use tbl:** Subst 2022 (824), Sch 1\\[1\\].\n\nSP1 Special Activities\n\nSP3 Tourist\n\nSP4 Enterprise Zone\n\nRE1 Public Recreation Zone","sortOrder":518},{"sectionNumber":"sch.1D-pt.2-div","sectionType":"division","heading":null,"content":"## sch.1D-pt.2-div","sortOrder":537},{"sectionNumber":"Schedule 1E","sectionType":"schedule","heading":"Complying development—Chapter 3","content":"# Schedule 1E Complying development—Chapter 3\n\nSchedule 1E Complying development—Chapter 3\n\nsections 3.18 and 3.21\n\n**sch 1E:** Ins 2022 (823), Sch 1\\[19\\]. Am 2023 (119), Sch 1\\[13\\] \\[14\\]; 2023 No 7, Sch 2.46\\[1\\] \\[2\\]; 2023 (609), Sch 2.20\\[8\\] \\[9\\].","sortOrder":546},{"sectionNumber":"sch.1E-pt.3-div","sectionType":"division","heading":null,"content":"## sch.1E-pt.3-div","sortOrder":562},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Exempt development—Chapter 4","content":"# Schedule 2 Exempt development—Chapter 4\n\nSchedule 2 Exempt development—Chapter 4\n\nsection 4.11\n\n**Appendix 2, hdg:** Subst 2022 (835), Sch 3\\[6\\].\n\n**sch 2, hdg:** Am 2022 (350), Sch 1\\[6\\]. Subst 2022 (824), Sch 1\\[2\\].\n\n**Appendix 2:** Am 2023 (626), Sch 1\\[16\\].\n\n**sch 2:** Subst 2022 (824), Sch 1\\[2\\].","sortOrder":576},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Complying development—Chapter 4","content":"# Schedule 3 Complying development—Chapter 4\n\nSchedule 3 Complying development—Chapter 4\n\nsection 4.11\n\n**Appendix 3, hdg:** Subst 2022 (835), Sch 3\\[7\\].\n\n**sch 3, hdg:** Am 2022 (350), Sch 1\\[7\\]. Subst 2022 (824), Sch 1\\[2\\].\n\n**Appendix 3:** Am 2023 (524), Sch 1.2\\[2\\]; 2023 (626), Sch 1\\[17\\].\n\n**sch 3:** Subst 2022 (824), Sch 1\\[2\\].","sortOrder":606},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Heritage items—Chapter 4","content":"# Schedule 4 Heritage items—Chapter 4\n\nSchedule 4 Heritage items—Chapter 4\n\nSchedule 4A, definition of “heritage item”\n\n**Appendix 4, hdg:** Subst 2022 (835), Sch 3\\[8\\].\n\n| Item | Property description |\n| Charlotte Pass Alpine Resort |\n| The Chalet | Lot 116, DP 1242013 |\n| Perisher Range Alpine Resort |\n| Alexandra | Lot 199, DP 44462 |\n| Caloola | Lot 34, DP 756697 |\n| Dulmison | Lot 262, DP 727585 |\n| Edelweiss | Lot 86, DP 756697 |\n| Illoura | Lot 243, DP 704189 |\n| Kosciuszko Snow Revellers’ Club (KSRC) | Lot 269, DP 825208 |\n| Ku-ring-gai | Lot 600, DP 1158765 |\n| Lodge 21 | Lot 21, DP 756697 |\n| Maranatha | Lot 238, DP 721847 |\n| Munjarra | Lot 62, DP 756697 |\n| Numbananga | Lot 33, DP 756697 |\n| Rock Creek | Lot 46, DP 756697 |\n| Rugby Union | Lot 1, DP 1085269 |\n| Telemark | Lot 87, DP 756697 |\n| Tiobunga (YMCA) | Lot 147, DP 756697 |\n| Sponars Chalet Alpine Accommodation |\n| Sponars Chalet | Lot 1, DP 1183733 |\n| Thredbo Alpine Resort |\n| Athol | Lot 756, DP 1119757 |\n| Crackenback Ski Club | Lot 791, DP 1119757 |\n| De Dacha | Lot 837, DP 1119757 |\n| Kasees | Lot 725, DP 1119757 |\n| Seidler Lodge (previously Lend Lease Lodge) | Lot 784, DP 1119757 |\n| Moonbah | Lot 787, DP 1119757 |\n| Obergurgl | Lot 750, DP 1119757 |\n| Ramshead | Lot 755, DP 1119757 |\n| Sastrugi | Lot 786, DP 1119757 |\n| Thredbo Alpine Club | Lot 723, DP 1119757 |\n| Thredbo Alpine Hotel | Lot 861, DP 1119757 |\n| Valley Terminal | Lot 862, DP 1119757 |\n| Wombiana | Lot 752, DP 1119757 |\n| Timber Pedestrian Bridge | Land identified as “Timber Pedestrian Bridge” on the State Environmental Planning Policy (Precincts—Regional) 2021 Thredbo Alpine Resort Map |\n| Site of 1997 Landslide | Lot 705 and 894, DP 1119757 |\n\n**Appendix 4:** Am 2023 (524), Sch 1.2\\[2\\]; 2023 (554), Sch 2.35\\[1\\]; 2023 (626), Sch 1\\[18\\].\n\n**sch 4:** Subst 2022 (824), Sch 1\\[2\\].","sortOrder":618},{"sectionNumber":"Schedule 4A","sectionType":"schedule","heading":"Dictionary—Chapter 4","content":"# Schedule 4A Dictionary—Chapter 4\n\nSchedule 4A Dictionary—Chapter 4\n\nsection 4.3\n\nAboriginal heritage item means a heritage item identified on the Aboriginal Heritage Information System held by the Department.\n\nAboriginal place has the same meaning as in the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080).\n\nAlpine Region means the Alpine Region identified on the [State Environmental Planning Policy (Precincts—Regional) 2021 Kosciuszko Alpine Region Land Application Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-regional-2021).\n\nAlpine Subregion means an Alpine Subregion specified in section 4.2(2).\n\ncommercial premises means commercial premises within the meaning of the Standard Instrument but does not include retail premises, other than food and drink premises, kiosks and shops that operate primarily to serve the daily needs of tourists and visitors and staff employed to work in the Alpine Region.\n\nflood planning area has the same meaning as in the Flood Risk Management Manual, ISBN 978-1-923076-17-4, published by the NSW Government in June 2023.\n\nFS Standard means the Alpine Tourist and Visitor Accommodation Fire Safety Standard published by the Department in July 2025.\n\nheritage item means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 4.\n\ninfrastructure facility means a facility provided as a utility undertaking, whether or not as a public utility undertaking, including the following—\n\n> (a) a water supply system,\n\n> (b) a road, other than a road provided by or on behalf of Transport for NSW,\n\n> (c) a sewerage system,\n\n> (d) a waste or resource transfer station.\n\nKosciuszko National Park Plan of Management means the Kosciuszko National Park Plan of Management adopted under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) and as in force on the commencement of [State Environmental Planning Policy (Precincts—Regional) Amendment (Kosciuszko Alpine Region) 2022](/view/pdf/asmade/epi-2022-824).\n\nlease or licence area means an area of land in the Alpine Region that is subject to a lease or licence granted under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) by the Minister administering that Act.\n\nlifting facility means a motorised system used for transport, and includes the following—\n\n> (a) a ski lift that uses an overhead rope or cable, including a chair lift, gondola, T-bar or J-bar,\n\n> (b) a ski carpet or conveyor belt.\n\nmanagement trail means a trail used by or on behalf of the following persons for operational purposes, including the management of ski slopes, or for fire protection or emergency purposes—\n\n> (a) a head lessee or licensee of land in an Alpine Subregion under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080),\n\n> (b) a public authority.\n\nmonitoring station means a facility operated for the principal purpose of monitoring weather, noise, air, water, groundwater or environmental impacts.\n\noff-peak time means any time that is not peak time.\n\npeak time means—\n\n> (a) between 8am and 10pm on Saturday, Sunday or a public holiday, or\n\n> (b) between 7am and 10pm on other days.\n\nPlanning for Bush Fire Protection means Planning for Bush Fire Protection, ISBN 978 0 646 99126 9, prepared by the NSW Rural Fire Service and the Department of Planning, Industry and Environment in November 2019.\n\nrecreation infrastructure means infrastructure provided for the purposes of active or passive recreation for tourists and visitors, including walking trails, mountain bike trails, directional signage, cross-country ski trails and oversnow routes, but does not include ski slopes.\n\nshop means premises that—\n\n> (a) are used for displaying, offering for sale or selling by retail goods, merchandise or materials, and\n\n> (b) operate primarily to serve the daily needs of tourists and visitors and staff employed to work in the Alpine Region.\n\nski slope means an area of land that has been developed primarily to facilitate ski activities, whether or not lifting facilities are required to access the area.\n\nski slope hut means a race hut, lift hut, ski patrollers’ hut or similar hut that—\n\n> (a) is erected on a ski slope, and\n\n> (b) must be fixed to the ground.\n\nSkitube means the passenger train connecting Blue Cow Terminal, Bullocks Flat Terminal and Perisher Range Alpine Resort.\n\nsnow-making infrastructure means infrastructure primarily used to make snow, including the following—\n\n> (a) air compressors,\n\n> (b) air and water pipes,\n\n> (c) cooling towers and refrigeration,\n\n> (d) equipment used to extract or pump water,\n\n> (e) fixed and mobile snow guns, including fan guns and lances,\n\n> (f) pump houses and sheds,\n\n> (g) service pits.\n\nstaff accommodation means a building used for the accommodation of staff employed to work in an Alpine Subregion.\n\nStandard Instrument means the standard instrument set out in the [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155).\n\n**sch 4A:** Ins 2022 (824), Sch 1\\[2\\]. Am 2023 (609), Sch 2.20\\[10\\]; 2025 (405), Sch 1\\[3\\].","sortOrder":619},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Additional permitted uses—Chapter 5","content":"# Schedule 5 Additional permitted uses—Chapter 5\n\nSchedule 5 Additional permitted uses—Chapter 5\n\n(Section 5.15)\n\n**Appendix 5, hdg:** Subst 2022 (835), Sch 3\\[9\\].\n\n**sch 5, hdg:** Am 2022 (350), Sch 1\\[8\\].\n\n**Appendix 5:** Am 2023 (524), Sch 1.2\\[2\\]; 2023 (554), Sch 2.35\\[2\\]; 2023 (609), Sch 2.20\\[5\\]–\\[7\\]; 2023 (626), Sch 1\\[19\\].","sortOrder":620},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Exempt development—Chapter 5","content":"# Schedule 6 Exempt development—Chapter 5\n\nSchedule 6 Exempt development—Chapter 5\n\n(Section 5.19)\n\n**Appendix 6, hdg:** Subst 2022 (835), Sch 3\\[10\\].\n\n**sch 6, hdg:** Am 2022 (350), Sch 1\\[9\\].\n\nNote 1.\n\n[State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies exempt development under that Policy. This Chapter has State-wide application. This Schedule contains additional exempt development not specified in that Policy.\n\nNote 2.\n\nExempt 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.\n\n**Appendix 6:** Am 2023 (524), Sch 1.2\\[2\\]; 2023 (626), Sch 1\\[20\\].","sortOrder":624},{"sectionNumber":"sch.6-sec","sectionType":"section","heading":"Recreation facilities (indoor, major or outdoor)","content":"#### sch.6-sec Recreation facilities (indoor, major or outdoor)\n\nRecreation facilities (indoor, major or outdoor)\n\n> Must be consistent with any applicable plan of management prepared under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) for the land.","sortOrder":625},{"sectionNumber":"sch.6-sec-oc.2","sectionType":"section","heading":"Outdoor lighting","content":"#### sch.6-sec-oc.2 Outdoor lighting\n\nOutdoor lighting\n\n> > (1) Must not be for tennis courts or a sports field.\n> \n> > (2) Must be located or shielded so as not to cause a nuisance to adjoining premises.","sortOrder":626},{"sectionNumber":"sch.6-sec-oc.3","sectionType":"section","heading":"Solid fuel heaters","content":"#### sch.6-sec-oc.3 Solid fuel heaters\n\nSolid fuel heaters\n\n> > (1) Must comply with AS/NZS 4013:1999, Domestic solid fuel burning appliances—Method for determination of flue gas emission.\n> \n> > (2) Rain excluders must not impede the vertical flow of exhaust gases.\n> \n> > (3) Must be installed in accordance with AS/NZS 2918:2001, Domestic solid fuel burning appliances—Installation.\n> \n> > (4) Chimney or flue must be a minimum of 300mm above any structure within a 3.6m horizontal radius.\n> \n> > (5) Top of chimney or flue must be at least 1m higher than any other building within a 15m radius.\n> \n> > (6) Maximum height of chimney or flue—6m above roof.","sortOrder":627},{"sectionNumber":"sch.6-sec-oc.4","sectionType":"section","heading":"Temporary events or activities on land owned or managed by Council (including erection of associated temporary structures)","content":"#### sch.6-sec-oc.4 Temporary events or activities on land owned or managed by Council (including erection of associated temporary structures)\n\nTemporary events or activities on land owned or managed by Council (including erection of associated temporary structures)\n\n> > (1) Must be located on land owned by the Council or for which the Council has care, control or management (including roads and Crown land).\n> \n> > (2) Must be consistent with any applicable plan of management prepared under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) for the land.\n> \n> > (3) Must be in accordance with a licence or hire agreement issued by the Council.\n> \n> > (4) Must have obtained all required approvals.\n> > \n> > Note.\n> > \n> > Other approvals may be required, and must be obtained, under other Acts, including the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), the [Roads Act 1993](/view/html/inforce/current/act-1993-033) and the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058).","sortOrder":628},{"sectionNumber":"Schedule 7","sectionType":"schedule","heading":"Complying development—Chapter 5","content":"# Schedule 7 Complying development—Chapter 5\n\nSchedule 7 Complying development—Chapter 5\n\n(Section 5.20)\n\n**sch 7, hdg:** Am 2022 (350), Sch 1\\[10\\].\n\nNote.\n\n[State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572) specifies complying development and the complying development conditions for that development under that Policy. This Chapter has State-wide application. This Schedule contains additional complying development not specified in that Policy.","sortOrder":629},{"sectionNumber":"sch.7-sec","sectionType":"section","heading":"General conditions","content":"#### sch.7-sec General conditions\n\nGeneral conditions\n\n> 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](/view/html/inforce/current/epi-2008-0572).","sortOrder":632},{"sectionNumber":"Schedule 8","sectionType":"schedule","heading":"Classification and reclassification of public land—Chapter 5","content":"# Schedule 8 Classification and reclassification of public land—Chapter 5\n\nSchedule 8 Classification and reclassification of public land—Chapter 5\n\n(Section 5.30)\n\n**sch 8, hdg:** Am 2022 (350), Sch 1\\[11\\].\n\n**sch 8:** Am 2023 (454), Sch 1.","sortOrder":633},{"sectionNumber":"Schedule 9","sectionType":"schedule","heading":"Environmental heritage—Chapter 5","content":"# Schedule 9 Environmental heritage—Chapter 5\n\nSchedule 9 Environmental heritage—Chapter 5\n\n(Section 5.36)\n\n**sch 9, hdg:** Am 2022 (350), Sch 1\\[12\\].","sortOrder":637},{"sectionNumber":"Schedule 10","sectionType":"schedule","heading":"Dictionary for Chapter 5","content":"# Schedule 10 Dictionary for Chapter 5\n\nSchedule 10 Dictionary for Chapter 5\n\n(Section 5.3)\n\nNote.\n\nThe Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of Chapter 5.\n\nAboriginal 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.\n\nAboriginal 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](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-regional-2021), that is—\n\n> (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\n\n> (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.\n\nNote.\n\nThe term may include (but is not limited to) places that are declared under section 84 of the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) to be Aboriginal places for the purposes of that Act.\n\nacid 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).\n\nAcid Sulfate Soils Manual means the manual by that name published by the Acid Sulfate Soils Management Advisory Committee and made publicly available.\n\nAcid Sulfate Soils Map means the [State Environmental Planning Policy (Gosford City Centre) 2018 Acid Sulfate Soils Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-regional-2021).\n\nActive Street Frontages Map means the [State Environmental Planning Policy (Gosford City Centre) 2018 Active Street Frontages Map 2018](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-regional-2021).\n\nAdditional Permitted Uses Map means the [State Environmental Planning Policy (Gosford City Centre) 2018 Additional Permitted Uses Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-regional-2021).\n\nAdditional Provisions Map means the [State Environmental Planning Policy (Gosford City Centre) 2018 Additional Provisions Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-regional-2021).\n\nadvertisement has the same meaning as in the Act.\n\nNote.\n\nThe 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.\n\nadvertising structure has the same meaning as in the Act.\n\nNote.\n\nThe term is defined as a structure used or to be used principally for the display of an advertisement.\n\nAdvertising structures are a type of signage—see the definition of that term in this Dictionary.\n\naffordable housing has the same meaning as in the Act.\n\nNote.\n\nThe 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.\n\nagricultural 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.\n\nNote.\n\nAgricultural produce industries are a type of rural industry—see the definition of that term in this Dictionary.\n\nagriculture means any of the following—\n\n> (a) aquaculture,\n\n> (b) extensive agriculture,\n\n> (c) intensive livestock agriculture,\n\n> (d) intensive plant agriculture.\n\nNote.\n\nPart 6 of the [Plantations and Reafforestation Act 1999](/view/html/inforce/current/act-1999-097) provides that exempt farm forestry within the meaning of that Act is not subject to the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n\nair 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.\n\nairport 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.\n\nNote.\n\nAirports are a type of air transport facility—see the definition of that term in this Dictionary.\n\nairstrip 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.\n\namusement centre means a building or place (not being part of a pub or registered club) used principally for playing—\n\n> (a) billiards, pool or other like games, or\n\n> (b) electronic or mechanical amusement devices, such as pinball machines, computer or video games and the like.\n\nanimal 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.\n\naquaculture has the same meaning as in the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038).\n\nNote.\n\nAquaculture is a type of agriculture—see the definition of that term in this Dictionary.\n\narchaeological site means a place that contains one or more relics.\n\nartisan 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—\n\n> (a) a retail area for the sale of the products,\n\n> (b) a restaurant or cafe,\n\n> (c) facilities for holding tastings, tours or workshops.\n\nNote.\n\nSee section 5.32 for controls in industrial or rural zones relating to the retail floor area of an artisan food and drink industry.\n\nArtisan food and drink industries are a type of light industry—see the definition of that term in this Dictionary.\n\nattached dwelling means a building containing 3 or more dwellings, where—\n\n> (a) each dwelling is attached to another dwelling by a common wall, and\n\n> (b) each of the dwellings is on its own lot of land, and\n\n> (c) none of the dwellings is located above any part of another dwelling.\n\nNote.\n\nAttached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.\n\nattic 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.\n\nbackpackers’ accommodation means a building or place that—\n\n> (a) provides temporary or short-term accommodation on a commercial basis, and\n\n> (b) has shared facilities, such as a communal bathroom, kitchen or laundry, and\n\n> (c) provides accommodation on a bed or dormitory-style basis (rather than by room).\n\nNote.\n\nBackpackers’ accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.\n\nbasement 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).\n\nbed 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—\n\n> (a) meals are provided for guests only, and\n\n> (b) cooking facilities for the preparation of meals are not provided within guests’ rooms, and\n\n> (c) dormitory-style accommodation is not provided.\n\nNote.\n\nSee section 5.32 for controls relating to the number of bedrooms for bed and breakfast accommodation.\n\nBed and breakfast accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.\n\nbee keeping means a building or place used for the keeping and breeding of bees for commercial purposes.\n\nNote.\n\nBee keeping is a type of extensive agriculture—see the definition of that term in this Dictionary.\n\nbiodiversity 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.\n\nbiosolids 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.\n\nNote.\n\nBiosolids treatment facilities are a type of sewerage system—see the definition of that term in this Dictionary.\n\nboarding house means a building that—\n\n> (a) is wholly or partly let in lodgings, and\n\n> (b) provides lodgers with a principal place of residence for 3 months or more, and\n\n> (c) may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and\n\n> (d) has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers,\n\nbut does not include backpackers’ accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment.\n\nNote.\n\nBoarding houses are a type of residential accommodation—see the definition of that term in this Dictionary.\n\nboat 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.\n\nboat launching ramp means a structure designed primarily for the launching of trailer borne recreational vessels, and includes associated car parking facilities.\n\nboat 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.\n\nbrothel has the same meaning as in the Act.\n\nNote.\n\nThis definition is relevant to the definitions of home occupation (sex services) and sex services premises in this Dictionary.\n\nbuilding has the same meaning as in the Act.\n\nNote.\n\nThe 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).\n\nbuilding height (or height of building) means—\n\n> (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\n\n> (b) in relation to the RL of a building—the vertical distance from the Australian Height Datum to the highest point of the building,\n\nincluding plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.\n\nbuilding 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.\n\nNote.\n\nBuilding identification signs are a type of signage—see the definition of that term in this Dictionary.\n\nbuilding line or setback means the horizontal distance between the property boundary or other stated boundary (measured at 90 degrees from the boundary) and—\n\n> (a) a building wall, or\n\n> (b) the outside face of any balcony, deck or the like, or\n\n> (c) the supporting posts of a carport or verandah roof,\n\nwhichever distance is the shortest.\n\nbush fire hazard reduction work has the same meaning as in the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065).\n\nNote.\n\nThe term is defined as follows—\n\nbush fire hazard reduction work means—\n\n> (a) the establishment or maintenance of fire breaks on land, and\n\n> (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,\n\nbut does not include construction of a track, trail or road.\n\nbush fire prone land has the same meaning as in the Act.\n\nNote.\n\nThe 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 146(2) of the Act.\n\nbush fire risk management plan means a plan prepared under Division 4 of Part 3 of the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065) for the purpose referred to in section 54 of that Act.\n\nbusiness identification sign means a sign—\n\n> (a) that indicates—\n> \n> > (i) the name of the person or business, and\n> \n> > (ii) the nature of the business carried on by the person at the premises or place at which the sign is displayed, and\n\n> (b) that may include the address of the premises or place and a logo or other symbol that identifies the business,\n\nbut that does not contain any advertising relating to a person who does not carry on business at the premises or place.\n\nNote.\n\nBusiness identification signs are a type of signage—see the definition of that term in this Dictionary.\n\nbusiness premises means a building or place at or on which—\n\n> (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\n\n> (b) a service is provided directly to members of the public on a regular basis,\n\nand 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.\n\nNote.\n\nBusiness premises are a type of commercial premises—see the definition of that term in this Dictionary.\n\ncamping 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.\n\ncanal 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—\n\n> (a) includes the construction of dwellings (which may include tourist and visitor accommodation) of a kind other than, or in addition to—\n> \n> > (i) dwellings that are permitted on rural land, and\n> \n> > (ii) dwellings that are used for caretaker or staff purposes, or\n\n> (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.\n\ncar 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.\n\ncaravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, installed or placed.\n\ncatchment action plan has the same meaning as in the [Catchment Management Authorities Act 2003](/view/html/repealed/current/act-2003-104).\n\nNote.\n\nThe 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](/view/html/repealed/current/act-2003-104).\n\ncellar 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.\n\nNote.\n\nCellar door premises are a type of retail premises—see the definition of that term in this Dictionary.\n\ncemetery 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.\n\ncentre-based child care facility means—\n\n> (a) a building or place used for the education and care of children that provides any one or more of the following—\n> \n> > (i) long day care,\n> \n> > (ii) occasional child care,\n> \n> > (iii) out-of-school-hours care (including vacation care),\n> \n> > (iv) preschool care, or\n\n> (b) an approved family day care venue (within the meaning of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a)),\n> \n> Note.\n> \n> 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)](/view/html/inforce/current/act-2010-104a)) is provided.\n\nbut does not include—\n\n> (c) a building or place used for home-based child care or school-based child care, or\n\n> (d) an office of a family day care service (within the meanings of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a)), or\n\n> (e) a babysitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or\n\n> (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\n\n> (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\n\n> (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.\n\ncharter 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.\n\nclassified road has the same meaning as in the [Roads Act 1993](/view/html/inforce/current/act-1993-033).\n\nNote.\n\nThe term is defined as follows—\n\nclassified road means any of the following—\n\n> (a) a main road,\n\n> (b) a highway,\n\n> (c) a freeway,\n\n> (d) a controlled access road,\n\n> (e) a secondary road,\n\n> (f) a tourist road,\n\n> (g) a tollway,\n\n> (h) a transitway,\n\n> (i) a State work.\n\n(See [Roads Act 1993](/view/html/inforce/current/act-1993-033) for meanings of these terms.)\n\nclearing native vegetation has the same meaning as in Part 5A of the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051).\n\nclearing vegetation has the same meaning as in [State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017](/view/html/repealed/current/epi-2017-0454).\n\ncoastal hazard has the same meaning as in the [Coastal Management Act 2016](/view/html/inforce/current/act-2016-020).\n\ncoastal lake means a body of water identified in Schedule 1 to [State Environmental Planning Policy (Coastal Management) 2018](/view/html/repealed/current/epi-2018-0106).\n\ncoastal protection works has the same meaning as in the [Coastal Management Act 2016](/view/html/inforce/current/act-2016-020).\n\ncoastal waters of the State—see section 58 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n\ncoastal zone has the same meaning as in the [Coastal Management Act 2016](/view/html/inforce/current/act-2016-020).\n\ncommercial premises means any of the following—\n\n> (a) business premises,\n\n> (b) office premises,\n\n> (c) retail premises.\n\ncommunity facility means a building or place—\n\n> (a) owned or controlled by a public authority or non-profit community organisation, and\n\n> (b) used for the physical, social, cultural or intellectual development or welfare of the community,\n\nbut does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.\n\ncommunity land has the same meaning as in the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n\ncorrectional centre means—\n\n> (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](/view/html/inforce/current/act-1999-093), including any juvenile correctional centre or periodic detention centre, and\n\n> (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](/view/html/inforce/current/act-1987-057),\n\nbut does not include any police station or court cell complex in which a person is held in custody in accordance with any Act.\n\nCouncil means the Central Coast Council.\n\ncrematorium means a building in which deceased persons or pets are cremated, whether or not it contains an associated building for conducting memorial services.\n\ncurtilage, 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.\n\ndairy (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 are constrained for no more than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief).\n\nNote.\n\nDairies (pasture-based) are a type of extensive agriculture—see the definition of that term in this Dictionary.\n\ndairy (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.\n\nNote.\n\nDairies (restricted) are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.\n\ndemolish, 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.\n\ndepot 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.\n\ndrainage 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.\n\ndual occupancy means a dual occupancy (attached) or a dual occupancy (detached).\n\nNote.\n\nDual occupancies are a type of residential accommodation—see the definition of that term in this Dictionary.\n\ndual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling.\n\nNote.\n\nDual occupancies (attached) are a type of dual occupancy—see the definition of that term in this Dictionary.\n\ndual occupancy (detached) means 2 detached dwellings on one lot of land, but does not include a secondary dwelling.\n\nNote.\n\nDual occupancies (detached) are a type of dual occupancy—see the definition of that term in this Dictionary.\n\ndwelling 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.\n\ndwelling house means a building containing only one dwelling.\n\nNote.\n\nDwelling houses are a type of residential accommodation—see the definition of that term in this Dictionary.\n\nearly education and care facility means a building or place used for the education and care of children, and includes any of the following—\n\n> (a) a centre-based child care facility,\n\n> (b) home-based child care,\n\n> (c) school-based child care.\n\nearthworks means excavation or filling.\n\necologically sustainable development has the same meaning as in the Act.\n\neco-tourist facility means a building or place that—\n\n> (a) provides temporary or short-term accommodation to visitors on a commercial basis, and\n\n> (b) is located in or adjacent to an area with special ecological or cultural features, and\n\n> (c) is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact.\n\nIt may include facilities that are used to provide information or education to visitors and to exhibit or display items.\n\nNote.\n\nSee section 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities.\n\nEco-tourist facilities are not a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.\n\neducational establishment means a building or place used for education (including teaching), being—\n\n> (a) a school, or\n\n> (b) a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act.\n\nelectricity generating works means a building or place used for the purpose of making or generating electricity.\n\nemergency services facility means a building or place (including a helipad) used in connection with the provision of emergency services by an emergency services organisation.\n\nemergency services organisation means any of the following—\n\n> (a) Ambulance Service of New South Wales,\n\n> (b) Fire and Rescue NSW,\n\n> (c) NSW Rural Fire Service,\n\n> (d) NSW Police Force,\n\n> (e) State Emergency Service,\n\n> (f) New South Wales Volunteer Rescue Association Incorporated,\n\n> (g) New South Wales Mines Rescue Brigade established under the [Coal Industry Act 2001](/view/html/inforce/current/act-2001-107),\n\n> (h) an accredited rescue unit within the meaning of the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165).\n\nentertainment facility means a theatre, cinema, music hall, concert hall, dance hall and the like, but does not include a pub or registered club.\n\nenvironmental 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.\n\nenvironmental 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.\n\nenvironmentally sensitive area for exempt and complying development means an environmentally sensitive area within the meaning of [State Environmental Planning Policy (Exempt and Complying Development Codes) 2008](/view/html/inforce/current/epi-2008-0572).\n\nestimated development cost has the same meaning as in the [Environmental Planning and Assessment Regulation 2021](/view/html/inforce/current/sl-2021-0759).\n\nestuary has the same meaning as in the [Water Management Act 2000](/view/html/inforce/current/act-2000-092).\n\nNote.\n\nThe term is defined as follows—\n\nestuary means—\n\n> (a) any part of a river whose level is periodically or intermittently affected by coastal tides, or\n\n> (b) any lake or other partially enclosed body of water that is periodically or intermittently open to the sea, or\n\n> (c) anything declared by the regulations (under the [Water Management Act 2000](/view/html/inforce/current/act-2000-092)) to be an estuary,\n\nbut does not include anything declared by the regulations (under the [Water Management Act 2000](/view/html/inforce/current/act-2000-092)) not to be an estuary.\n\nexcavation 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.\n\nexhibition 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.\n\nexhibition 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.\n\nextensive agriculture means any of the following—\n\n> (a) the production of crops or fodder (including irrigated pasture and fodder crops) for commercial purposes,\n\n> (b) the grazing of livestock for commercial purposes,\n\n> (c) bee keeping,\n\n> (d) a dairy (pasture-based).\n\nNote.\n\nExtensive agriculture is a type of agriculture—see the definition of that term in this Dictionary.\n\nextractive 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.\n\nNote.\n\nExtractive industries are not a type of industry—see the definition of that term in this Dictionary.\n\nextractive material means sand, soil, gravel, rock or similar substances that are not minerals within the meaning of the [Mining Act 1992](/view/html/inforce/current/act-1992-029).\n\nfarm 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.\n\nfarm 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.\n\nNote.\n\nSee section 5.32 for controls relating to the number of bedrooms.\n\nFarm stay accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.\n\nfeedlot means a confined or restricted area that is operated on a commercial basis to rear and fatten cattle, sheep or other animals, fed (wholly or substantially) on prepared and manufactured feed, for the purpose of meat production or fibre products, but does not include a poultry farm, dairy or piggery.\n\nNote.\n\nFeedlots are a type of intensive livestock agriculture—see the definition of that term in this Dictionary.\n\nfill means the depositing of soil, rock or other similar extractive material obtained from the same or another site, but does not include—\n\n> (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\n\n> (b) the use of land as a waste disposal facility.\n\nfilming 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—\n\n> (a) still photography, or\n\n> (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\n\n> (c) recording images as a visitor or tourist for non-commercial purposes, or\n\n> (d) recording for the immediate purposes of a television program that provides information by way of current affairs or daily news.\n\nfish has the same meaning as in the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038).\n\nNote.\n\nThe term is defined as follows—\n\n**Definition of “fish”**\n\n> (1)\n> \n> Fish means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead).\n\n> (2)\n> \n> Fish includes—\n> \n> > (a) oysters and other aquatic molluscs, and\n> \n> > (b) crustaceans, and\n> \n> > (c) echinoderms, and\n> \n> > (d) beachworms and other aquatic polychaetes.\n\n> (3)\n> \n> Fish also includes any part of a fish.\n\n> (4)\n> \n> 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](/view/html/inforce/current/act-1994-038).\n\nflood 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.\n\nFlood Risk Management Manual means the Flood Risk Management Manual, ISBN 978-1-923076-17-4, published by the NSW Government in June 2023.\n\nfloor space ratio—see section 5.27.\n\nFloor Space Ratio Map means the [State Environmental Planning Policy (Gosford City Centre) 2018 Floor Space Ratio Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-regional-2021).\n\nfood 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—\n\n> (a) a restaurant or cafe,\n\n> (b) take away food and drink premises,\n\n> (c) a pub,\n\n> (d) a small bar.\n\nNote.\n\nFood and drink premises are a type of retail premises—see the definition of that term in this Dictionary.\n\nforestry has the same meaning as forestry operations has for the purposes of Part 5A of the [Forestry Act 2012](/view/html/inforce/current/act-2012-096).\n\nNote.\n\nThe term is defined as follows—\n\nforestry operations means—\n\n> (a) logging operations, namely, the cutting and removal of timber from land for the purpose of timber production, or\n\n> (b) the harvesting of forest products, or\n\n> (c) on-going forest management operations, namely, activities relating to the management of land for timber production such as thinning and other silvicultural activities such as bee-keeping, grazing and bush fire hazard reduction, or\n\n> (d) ancillary road construction, namely, the provision of roads and fire trails, and the maintenance of existing railways, to enable or assist in the above operations.\n\nfreight 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.\n\nfunction 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.\n\nfuneral 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.\n\nNote.\n\nFuneral homes are a type of business premises—see the definition of that term in this Dictionary.\n\ngarden 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—\n\n> (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,\n\n> (b) pets and pet supplies,\n\n> (c) fresh produce.\n\nNote.\n\nGarden centres are a type of retail premises—see the definition of that term in this Dictionary.\n\ngeneral industry means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity.\n\nNote.\n\nGeneral industries are a type of industry—see the definition of that term in this Dictionary.\n\nGosford City Centre means the land identified on the [Land Application Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-regional-2021).\n\ngross 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—\n\n> (a) the area of a mezzanine, and\n\n> (b) habitable rooms in a basement or an attic, and\n\n> (c) any shop, auditorium, cinema, and the like, in a basement or attic,\n\nbut excludes—\n\n> (d) any area for common vertical circulation, such as lifts and stairs, and\n\n> (e) any basement—\n> \n> > (i) storage, and\n> \n> > (ii) vehicular access, loading areas, garbage and services, and\n\n> (f) plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and\n\n> (g) car parking to meet any requirements of the consent authority (including access to that car parking), and\n\n> (h) any space used for the loading or unloading of goods (including access to it), and\n\n> (i) terraces and balconies with outer walls less than 1.4 metres high, and\n\n> (j) voids above a floor at the level of a storey or storey above.\n\nground level (existing) means the existing level of a site at any point.\n\nground 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.\n\nground 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.\n\ngroup home means a permanent group home or a transitional group home.\n\nNote.\n\nGroup homes are a type of residential accommodation—see the definition of that term in this Dictionary.\n\ngroup home (permanent) or permanent group home means a dwelling—\n\n> (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\n\n> (b) that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged,\n\nbut does not include development to which [State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004](/view/html/repealed/current/epi-2004-0143) applies.\n\nNote.\n\nPermanent group homes are a type of group home—see the definition of that term in this Dictionary.\n\ngroup home (transitional) or transitional group home means a dwelling—\n\n> (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\n\n> (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,\n\nbut does not include development to which [State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004](/view/html/repealed/current/epi-2004-0143) applies.\n\nNote.\n\nTransitional group homes are a type of group home—see the definition of that term in this Dictionary.\n\nhardware 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.\n\nNote.\n\nHardware and building supplies are a type of retail premises—see the definition of that term in this Dictionary.\n\nhazardous 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—\n\n> (a) to human health, life or property, or\n\n> (b) to the biophysical environment.\n\nNote.\n\nHazardous industries are a type of heavy industry—see the definition of that term in this Dictionary.\n\nhazardous 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—\n\n> (a) to human health, life or property, or\n\n> (b) to the biophysical environment.\n\nNote.\n\nHazardous storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.\n\nheadland 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.\n\nhealth care professional means any person registered under an Act for the purpose of providing health care.\n\nhealth 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.\n\nNote.\n\nHealth consulting rooms are a type of health services facility—see the definition of that term in this Dictionary.\n\nhealth 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—\n\n> (a) a medical centre,\n\n> (b) community health service facilities,\n\n> (c) health consulting rooms,\n\n> (d) patient transport facilities, including helipads and ambulance facilities,\n\n> (e) hospital.\n\nheavy 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—\n\n> (a) a hazardous storage establishment,\n\n> (b) a liquid fuel depot,\n\n> (c) an offensive storage establishment.\n\nheavy 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—\n\n> (a) hazardous industry, or\n\n> (b) offensive industry.\n\nIt may also involve the use of a hazardous storage establishment or offensive storage establishment.\n\nNote.\n\nHeavy industries are a type of industry—see the definition of that term in this Dictionary.\n\nHeight of Buildings Map means the [State Environmental Planning Policy (Gosford City Centre) 2018 Height of Buildings Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-regional-2021).\n\nhelipad means a place not open to the public used for the taking off and landing of helicopters.\n\nheliport means a place open to the public that is used for the taking off and landing of helicopters, whether or not it includes—\n\n> (a) a terminal building, or\n\n> (b) facilities for the parking, storage or repair of helicopters.\n\nNote.\n\nHeliports are a type of air transport facility—see the definition of that term in this Dictionary.\n\nheritage conservation area means an area of land of heritage significance—\n\n> (a) shown on the [Heritage Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-regional-2021) as a heritage conservation area, and\n\n> (b) the location and nature of which is described in Schedule 9,\n\nand includes any heritage items situated on or within that area.\n\nheritage 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](/view/html/inforce/current/act-1977-136) 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.\n\nheritage impact statement means a document consisting of—\n\n> (a) a statement demonstrating the heritage significance of a heritage item or heritage conservation area, and\n\n> (b) an assessment of the impact that proposed development will have on that significance, and\n\n> (c) proposals for measures to minimise that impact.\n\nheritage item means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 9.\n\nNote.\n\nAn inventory of heritage items is also available at the office of the Council.\n\nheritage management document means—\n\n> (a) a heritage conservation management plan, or\n\n> (b) a heritage impact statement, or\n\n> (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.\n\nHeritage Map means the [State Environmental Planning Policy (Gosford City Centre) 2018 Heritage Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-regional-2021).\n\nheritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.\n\nhigh technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following—\n\n> (a) electronic or micro-electronic systems, goods or components,\n\n> (b) information technology (such as computer software or hardware),\n\n> (c) instrumentation or instruments of a scientific, industrial, technological, medical or similar nature,\n\n> (d) biological, pharmaceutical, medical or paramedical systems, goods or components,\n\n> (e) film, television or multi-media technologies, including any post production systems, goods or components,\n\n> (f) telecommunications systems, goods or components,\n\n> (g) sustainable energy technologies,\n\n> (h) any other goods, systems or components intended for use in a science or technology related field,\n\nbut 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.\n\nNote.\n\nHigh technology industries are a type of light industry—see the definition of that term in this Dictionary.\n\nhighway 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—\n\n> (a) a restaurant or cafe,\n\n> (b) take away food and drink premises,\n\n> (c) service stations and facilities for emergency vehicle towing and repairs,\n\n> (d) parking for vehicles,\n\n> (e) rest areas and public amenities.\n\nhome-based child care means—\n\n> (a) a family day care residence (within the meaning of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a)), or\n> \n> Note.\n> \n> 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)](/view/html/inforce/current/act-2010-104a)).\n\n> (b) a dwelling used for the purposes of a home based education and care service (within the meaning of the [Children (Education and Care Services) Supplementary Provisions Act 2011](/view/html/inforce/current/act-2011-070)),\n\nat 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.\n\nhome 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—\n\n> (a) the employment of more than 2 persons other than the residents,\n\n> (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,\n\n> (c) the exposure to view, from adjacent premises or from a public place, of unsightly matter,\n\n> (d) the exhibition of signage, other than a business identification sign,\n\n> (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,\n\nbut does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.\n\nNote—\n\nSee section 5.32 for controls relating to the floor area used for a home business.\n\nhome 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—\n\n> (a) the employment of more than 2 persons other than the residents,\n\n> (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,\n\n> (c) the exposure to view, from adjacent premises or from a public place, of unsightly matter,\n\n> (d) the exhibition of signage, other than a business identification sign,\n\n> (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,\n\nbut does not include bed and breakfast accommodation or sex services premises.\n\nNote—\n\nSee section 5.32 for controls relating to the floor area used for a home industry.\n\nHome industries are a type of light industry—see the definition of that term in this Dictionary.\n\nhome 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—\n\n> (a) the employment of persons other than those residents, or\n\n> (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\n\n> (c) the display of goods, whether in a window or otherwise, or\n\n> (d) the exhibition of any signage (other than a business identification sign), or\n\n> (e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,\n\nbut does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.\n\nhome 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—\n\n> (a) the employment of persons other than those residents, or\n\n> (b) interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or\n\n> (c) the exhibition of any signage, or\n\n> (d) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,\n\nbut does not include a home business or sex services premises.\n\nhorticulture 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.\n\nNote.\n\nHorticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.\n\nhospital 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—\n\n> (a) day surgery, day procedures or health consulting rooms,\n\n> (b) accommodation for nurses or other health care workers,\n\n> (c) accommodation for persons receiving health care or for their visitors,\n\n> (d) shops, kiosks, restaurants or cafes or take away food and drink premises,\n\n> (e) patient transport facilities, including helipads, ambulance facilities and car parking,\n\n> (f) educational purposes or any other health-related use,\n\n> (g) research purposes (whether or not carried out by hospital staff or health care workers or for commercial purposes),\n\n> (h) chapels,\n\n> (i) hospices,\n\n> (j) mortuaries.\n\nNote.\n\nHospitals are a type of health services facility—see the definition of that term in this Dictionary.\n\nhostel means premises that are generally staffed by social workers or support providers and at which—\n\n> (a) residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and\n\n> (b) cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.\n\nNote.\n\nHostels are a type of residential accommodation—see the definition of that term in this Dictionary.\n\nhotel or motel accommodation means a building or place (whether or not licensed premises under the [Liquor Act 2007](/view/html/inforce/current/act-2007-090)) that provides temporary or short-term accommodation on a commercial basis and that—\n\n> (a) comprises rooms or self-contained suites, and\n\n> (b) may provide meals to guests or the general public and facilities for the parking of guests’ vehicles,\n\nbut does not include backpackers’ accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation.\n\nNote.\n\nHotel or motel accommodation is a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.\n\nindustrial 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.\n\nindustrial retail outlet means a building or place that—\n\n> (a) is used in conjunction with an industry (other than an artisan food and drink industry) or rural industry, and\n\n> (b) is situated on the land on which the industry or rural industry is located, and\n\n> (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,\n\nbut does not include a warehouse or distribution centre.\n\nNote.\n\nSee section 5.32 for controls relating to the retail floor area of an industrial retail outlet.\n\nindustrial 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.\n\nindustry means any of the following—\n\n> (a) general industry,\n\n> (b) heavy industry,\n\n> (c) light industry,\n\nbut does not include—\n\n> (d) rural industry, or\n\n> (e) extractive industry, or\n\n> (f) mining.\n\ninformation 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.\n\nintensive livestock agriculture means the keeping or breeding, for commercial purposes, of cattle, poultry, pigs, goats, horses or other livestock that are fed wholly or substantially on externally-sourced feed, and includes any of the following—\n\n> (a) dairies (restricted),\n\n> (b) feedlots,\n\n> (c) piggeries,\n\n> (d) poultry farms,\n\nbut does not include extensive agriculture, aquaculture or the operation of facilities for drought or similar emergency relief.\n\nNote.\n\nIntensive livestock agriculture is a type of agriculture—see the definition of that term in this Dictionary.\n\nintensive plant agriculture means any of the following—\n\n> (a) the cultivation of irrigated crops for commercial purposes (other than irrigated pasture or fodder crops),\n\n> (b) horticulture,\n\n> (c) turf farming,\n\n> (d) viticulture.\n\nNote.\n\nIntensive plant agriculture is a type of agriculture—see the definition of that term in this Dictionary.\n\njetty means a horizontal decked walkway providing access from the shore to the waterway and is generally constructed on a piered or piled foundation.\n\nkiosk 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.\n\nNote.\n\nSee section 5.32 for controls relating to the gross floor area of a kiosk.\n\nKiosks are a type of retail premises—see the definition of that term in this Dictionary.\n\nLand Application Map means the [State Environmental Planning Policy (Gosford City Centre) 2018 Land Application Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-regional-2021).\n\nLand Zoning Map means the [State Environmental Planning Policy (Gosford City Centre) 2018 Land Zoning Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-regional-2021).\n\nlandscaped 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.\n\nlandscaping 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.\n\nNote.\n\nLandscaping material supplies are a type of retail premises—see the definition of that term in this Dictionary.\n\nlight 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—\n\n> (a) high technology industry,\n\n> (b) home industry,\n\n> (c) artisan food and drink industry.\n\nNote.\n\nLight industries are a type of industry—see the definition of that term in this Dictionary.\n\nliquid 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.\n\nNote.\n\nLiquid fuel depots are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.\n\nlivestock 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.\n\nNote.\n\nLivestock processing industries are a type of rural industry—see the definition of that term in this Dictionary.\n\nlocal 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.\n\nNote.\n\nLocal distribution premises are a type of warehouse or distribution centre—see the definition of that term in this Dictionary.\n\nLot Size Map means the [State Environmental Planning Policy (Gosford City Centre) 2018 Lot Size Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-precincts-regional-2021).\n\nmaintenance, 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.\n\nmarina 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—\n\n> (a) any facility for the construction, repair, maintenance, storage, sale or hire of boats,\n\n> (b) any facility for providing fuelling, sewage pump-out or other services for boats,\n\n> (c) any facility for launching or landing boats, such as slipways or hoists,\n\n> (d) any car parking or commercial, tourist or recreational or club facility that is ancillary to the boat storage facility,\n\n> (e) any berthing or mooring facilities.\n\nmarket 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.\n\nNote.\n\nMarkets are a type of retail premises—see the definition of that term in this Dictionary.\n\nmean 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.\n\nmedical 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.\n\nNote.\n\nMedical centres are a type of health services facility—see the definition of that term in this Dictionary.\n\nmezzanine means an intermediate floor within a room.\n\nmine 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.\n\nmine subsidence district means a mine subsidence district proclaimed under section 15 of the [Mine Subsidence Compensation Act 1961](/view/html/repealed/current/act-1961-022).\n\nmining means mining carried out under the [Mining Act 1992](/view/html/inforce/current/act-1992-029) or the recovery of minerals under the [Offshore Minerals Act 1999](/view/html/inforce/current/act-1999-042), and includes—\n\n> (a) the construction, operation and decommissioning of associated works, and\n\n> (b) the rehabilitation of land affected by mining.\n\nNote.\n\nMining is not a type of industry—see the definition of that term in this Dictionary.\n\nmixed use development means a building or place comprising 2 or more different land uses.\n\nmooring 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.\n\nmooring pen means an arrangement of freestanding piles or other restraining devices designed or used for the purpose of berthing a vessel.\n\nmortuary 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.\n\nmoveable dwelling has the same meaning as in the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n\nNote.\n\nThe term is defined as follows—\n\nmoveable dwelling means—\n\n> (a) any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or\n\n> (b) a manufactured home, or\n\n> (c) any conveyance, structure or thing of a class or description prescribed by the regulations (under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030)) for the purposes of this definition.\n\nmulti 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.\n\nNote.\n\nMulti dwelling housing is a type of residential accommodation—see the definition of that term in this Dictionary.\n\nnative 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.\n\nnative 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](/view/html/inforce/current/act-1994-038).\n\nnative vegetation has the same meaning as in Part 5A of the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051).\n\nnavigable 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.\n\nneighbourhood 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.\n\nNote.\n\nSee section 5.32 for controls relating to the retail floor area of neighbourhood shops.\n\nNeighbourhood shops are a type of shop—see the definition of that term in this Dictionary.\n\nneighbourhood 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.\n\nNote.\n\nSee section 5.32 for controls relating to the gross floor area of neighbourhood supermarkets.\n\nNeighbourhood supermarkets are a type of shop—see the definition of that term in this Dictionary.\n\nnominated State heritage item means a heritage item that—\n\n> (a) has been identified as an item of State significance in a publicly exhibited heritage study adopted by the Council, and\n\n> (b) the Council has, by notice in writing to the Heritage Council, nominated as an item of potential State significance.\n\nnon-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.\n\noffensive 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.\n\nNote.\n\nOffensive industries are a type of heavy industry—see the definition of that term in this Dictionary.\n\noffensive 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.\n\nNote.\n\nOffensive storage establishments are a type of heavy industrial storage establishment—see the definition of that term in this Dictionary.\n\noffice 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.\n\nNote.\n\nOffice premises are a type of commercial premises—see the definition of that term in this Dictionary.\n\nopen cut mining means mining carried out on, and by excavating, the earth’s surface, but does not include underground mining.\n\noperational land has the same meaning as in the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n\nparking 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.\n\npassenger 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.\n\npeople who are socially disadvantaged means—\n\n> (a) people who are disadvantaged because of their alcohol or drug dependence, extreme poverty, psychological disorder or other similar disadvantage, or\n\n> (b) people who require protection because of domestic violence or upheaval.\n\npeople 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.\n\nplace 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.\n\nplant 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.\n\nNote.\n\nPlant nurseries are a type of retail premises—see the definition of that term in this Dictionary.\n\nport 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](/view/html/inforce/current/act-1995-013)—\n\n> (a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,\n\n> (b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,\n\n> (c) wharves for commercial fishing operations,\n\n> (d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,\n\n> (e) sea walls or training walls,\n\n> (f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.\n\npotable 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.\n\nprivate 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.\n\nproperty vegetation plan mean a property vegetation plan approved under Part 4 of the [Native Vegetation Act 2003](/view/html/repealed/current/act-2003-103) before the repeal of that Act (as continued in force by the regulations under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063)).\n\npub means licensed premises under the [Liquor Act 2007](/view/html/inforce/current/act-2007-090) 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.\n\nNote.\n\nPubs are a type of food and drink premises—see the definition of that term in this Dictionary.\n\npublic 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.\n\npublic authority has the same meaning as in the Act.\n\npublic land has the same meaning as in the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n\nNote.\n\nThe term is defined as follows—\n\npublic land means any land (including a public reserve) vested in or under the control of the council, but does not include—\n\n> (a) a public road, or\n\n> (b) land to which the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) applies, or\n\n> (c) a common, or\n\n> (d) a regional park under the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080).\n\npublic reserve has the same meaning as in the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n\npublic utility infrastructure, in relation to an urban release area, includes infrastructure for any of the following—\n\n> (a) the supply of water,\n\n> (b) the supply of electricity,\n\n> (c) the disposal and management of sewage.\n\npublic 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—\n\n> (a) railway, road transport, water transport, air transport, wharf or river undertakings,\n\n> (b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,\n\nand 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.\n\nrainwater tank means a tank designed for the storage of rainwater gathered on the land on which the tank is situated.\n\nrecreation area means a place used for outdoor recreation that is normally open to the public, and includes—\n\n> (a) a children’s playground, or\n\n> (b) an area used for community sporting activities, or\n\n> (c) a public park, reserve or garden or the like,\n\nand any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor).\n\nrecreation 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.\n\nrecreation 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.\n\nrecreation 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).\n\nReduced 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.\n\nregistered club means a club that holds a club licence under the [Liquor Act 2007](/view/html/inforce/current/act-2007-090).\n\nrelic has the same meaning as in the [Heritage Act 1977](/view/html/inforce/current/act-1977-136).\n\nNote.\n\nThe term is defined as follows—\n\nrelic means any deposit, artefact, object or material evidence that—\n\n> (a) relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and\n\n> (b) is of State or local heritage significance.\n\nresearch 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.\n\nresidential accommodation means a building or place used predominantly as a place of residence, and includes any of the following—\n\n> (a) attached dwellings,\n\n> (b) boarding houses,\n\n> (c) dual occupancies,\n\n> (d) dwelling houses,\n\n> (e) group homes,\n\n> (f) hostels,\n\n> (g) multi dwelling housing,\n\n> (h) residential flat buildings,\n\n> (i) rural workers’ dwellings,\n\n> (j) secondary dwellings,\n\n> (k) semi-detached dwellings,\n\n> (l) seniors housing,\n\n> (m) shop top housing,\n\nbut does not include tourist and visitor accommodation or caravan parks.\n\nresidential care facility means accommodation for seniors or people with a disability that includes—\n\n> (a) meals and cleaning services, and\n\n> (b) personal care or nursing care, or both, and\n\n> (c) appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,\n\nbut does not include a dwelling, hostel, hospital or psychiatric facility.\n\nNote.\n\nResidential care facilities are a type of seniors housing—see the definition of that term in this Dictionary.\n\nresidential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling or multi dwelling housing.\n\nNote.\n\nResidential flat buildings are a type of residential accommodation—see the definition of that term in this Dictionary.\n\nresource 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.\n\nNote.\n\nResource recovery facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.\n\nrespite 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.\n\nrestaurant 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.\n\nNote.\n\nRestaurants or cafes are a type of food and drink premises—see the definition of that term in this Dictionary.\n\nrestricted 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.\n\nrestriction 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.\n\nretail 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—\n\n> (a) cellar door premises,\n\n> (b) food and drink premises,\n\n> (c) garden centres,\n\n> (d) hardware and building supplies,\n\n> (e) kiosks,\n\n> (f) landscaping material supplies,\n\n> (g) markets,\n\n> (h) plant nurseries,\n\n> (i) roadside stalls,\n\n> (j) rural supplies,\n\n> (k) shops,\n\n> (l) specialised retail premises,\n\n> (m) timber yards,\n\n> (n) vehicle sales or hire premises,\n\nbut does not include highway service centres, service stations, industrial retail outlets or restricted premises.\n\nNote.\n\nRetail premises are a type of commercial premises—see the definition of that term in this Dictionary.\n\nroad means a public road or a private road within the meaning of the [Roads Act 1993](/view/html/inforce/current/act-1993-033), and includes a classified road.\n\nroadside 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.\n\nNote.\n\nSee section 5.32 for controls relating to the gross floor area of roadside stalls.\n\nRoadside stalls are a type of retail premises—see the definition of that term in this Dictionary.\n\nrural 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—\n\n> (a) agricultural produce industries,\n\n> (b) livestock processing industries,\n\n> (c) composting facilities and works (including the production of mushroom substrate),\n\n> (d) sawmill or log processing works,\n\n> (e) stock and sale yards,\n\n> (f) the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise.\n\nNote.\n\nRural industries are not a type of industry—see the definition of that term in this Dictionary.\n\nrural 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.\n\nNote.\n\nRural supplies are a type of retail premises—see the definition of that term in this Dictionary.\n\nrural 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.\n\nNote.\n\nRural workers’ dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.\n\nsawmill 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.\n\nNote.\n\nSawmill or log processing works are a type of rural industry—see the definition of that term in this Dictionary.\n\nschool means a government school or non-government school within the meaning of the [Education Act 1990](/view/html/inforce/current/act-1990-008).\n\nNote.\n\nSchools are a type of educational establishment—see the definition of that term in this Dictionary.\n\nschool-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.\n\nNote.\n\nAccordingly, 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.\n\nsecondary dwelling means a self-contained dwelling that—\n\n> (a) is established in conjunction with another dwelling (the principal dwelling), and\n\n> (b) is on the same lot of land as the principal dwelling, and\n\n> (c) is located within, or is attached to, or is separate from, the principal dwelling.\n\nNote.\n\nSee section 5.32 for controls relating to the total floor area of secondary dwellings.\n\nSecondary dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.\n\nself-storage units means premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials).\n\nNote.\n\nSelf-storage units are a type of storage premises—see the definition of that term in this Dictionary.\n\nsemi-detached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling.\n\nNote.\n\nSemi-detached dwellings are a type of residential accommodation—see the definition of that term in this Dictionary.\n\nseniors housing means a building or place that is—\n\n> (a) a residential care facility, or\n\n> (b) a hostel within the meaning of clause 12 of [State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004](/view/html/repealed/current/epi-2004-0143), or\n\n> (c) a group of self-contained dwellings, or\n\n> (d) a combination of any of the buildings or places referred to in paragraphs (a)–(c),\n\nand that is, or is intended to be, used permanently for—\n\n> (e) seniors or people who have a disability, or\n\n> (f) people who live in the same household with seniors or people who have a disability, or\n\n> (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,\n\nbut does not include a hospital.\n\nNote.\n\nSeniors housing is a type of residential accommodation—see the definition of that term in this Dictionary.\n\nservice 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—\n\n> (a) the ancillary sale by retail of spare parts and accessories for motor vehicles,\n\n> (b) the cleaning of motor vehicles,\n\n> (c) installation of accessories,\n\n> (d) inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration),\n\n> (e) the ancillary retail selling or hiring of general merchandise or services or both.\n\nserviced 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.\n\nNote.\n\nServiced apartments are a type of tourist and visitor accommodation—see the definition of that term in this Dictionary.\n\nsewage 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—\n\n> (a) pipelines and tunnels, and\n\n> (b) pumping stations, and\n\n> (c) dosing facilities, and\n\n> (d) odour control works, and\n\n> (e) sewage overflow structures, and\n\n> (f) vent stacks.\n\nNote.\n\nSewage reticulation systems are a type of sewerage system—see the definition of that term in this Dictionary.\n\nsewage 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.\n\nNote.\n\nSewage treatment plants are a type of sewerage system—see the definition of that term in this Dictionary.\n\nsewerage system means any of the following—\n\n> (a) biosolids treatment facility,\n\n> (b) sewage reticulation system,\n\n> (c) sewage treatment plant,\n\n> (d) water recycling facility,\n\n> (e) a building or place that is a combination of any of the things referred to in paragraphs (a)–(d).\n\nsex services means sexual acts or sexual services in exchange for payment.\n\nsex services premises means a brothel, but does not include home occupation (sex services).\n\nshop 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.\n\nNote.\n\nShops are a type of retail premises—see the definition of that term in this Dictionary.\n\nshop top housing means one or more dwellings located above ground floor retail premises or business premises.\n\nNote.\n\nShop top housing is a type of residential accommodation—see the definition of that term in this Dictionary.\n\nsignage 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—\n\n> (a) an advertising structure,\n\n> (b) a building identification sign,\n\n> (c) a business identification sign,\n\nbut does not include a traffic sign or traffic control facilities.\n\nsite 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 Chapter 5.\n\nNote.\n\nThe effect of this definition is varied by section 5.27 for the purpose of the determination of permitted floor space area for proposed development.\n\nsite coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage—\n\n> (a) any basement,\n\n> (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,\n\n> (c) any eaves,\n\n> (d) unenclosed balconies, decks, pergolas and the like.\n\nsmall bar means a small bar within the meaning of the [Liquor Act 2007](/view/html/inforce/current/act-2007-090).\n\nNote.\n\nSmall bars are a type of food and drink premises—see the definition of that term in this Dictionary.\n\nspa pool has the same meaning as in the [Swimming Pools Act 1992](/view/html/inforce/current/act-1992-049).\n\nNote.\n\nThe term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like.\n\nspecialised 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—\n\n> (a) a large area for handling, display or storage, or\n\n> (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,\n\nbut 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.\n\nNote.\n\nExamples 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.\n\nSpecialised retail premises are a type of retail premises—see the definition of that term in this Dictionary.\n\nstock 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.\n\nNote.\n\nStock and sale yards are a type of rural industry—see the definition of that term in this Dictionary.\n\nstorage 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.\n\nstorey 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—\n\n> (a) a space that contains only a lift shaft, stairway or meter room, or\n\n> (b) a mezzanine, or\n\n> (c) an attic.\n\nswimming pool has the same meaning as in the [Swimming Pools Act 1992](/view/html/inforce/current/act-1992-049).\n\nNote.\n\nThe term is defined as follows—\n\nswimming pool means an excavation, structure or vessel—\n\n> (a) that is capable of being filled with water to a depth of 300 millimetres or more, and\n\n> (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,\n\nand 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](/view/html/inforce/current/act-1992-049) not to be a swimming pool for the purposes of that Act.\n\ntake 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.\n\nNote.\n\nTake away food and drink premises are a type of food and drink premises—see the definition of that term in this Dictionary.\n\ntelecommunications facility means—\n\n> (a) any part of the infrastructure of a telecommunications network, or\n\n> (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\n\n> (c) any other thing used in or in connection with a telecommunications network.\n\ntelecommunications 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.\n\ntemporary structure has the same meaning as in the Act.\n\nNote.\n\nThe term is defined as follows—\n\ntemporary 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.\n\nthe Act means the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n\ntimber 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.\n\nNote.\n\nTimber yards are a type of retail premises—see the definition of that term in this Dictionary.\n\ntourist 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—\n\n> (a) backpackers’ accommodation,\n\n> (b) bed and breakfast accommodation,\n\n> (c) farm stay accommodation,\n\n> (d) hotel or motel accommodation,\n\n> (e) serviced apartments,\n\nbut does not include—\n\n> (f) camping grounds, or\n\n> (g) caravan parks, or\n\n> (h) eco-tourist facilities.\n\ntransport 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.\n\ntruck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like.\n\nturf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose.\n\nNote.\n\nTurf farming is a type of intensive plant agriculture—see the definition of that term in this Dictionary.\n\nunderground mining means—\n\n> (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\n\n> (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),\n\nbut does not include open cut mining.\n\nvehicle 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.\n\nvehicle 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.\n\nvehicle 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.\n\nNote.\n\nVehicle sales or hire premises are a type of retail premises—see the definition of that term in this Dictionary.\n\nveterinary 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.\n\nviticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine.\n\nNote.\n\nViticulture is a type of intensive plant agriculture—see the definition of that term in this Dictionary.\n\nwarehouse 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.\n\nwaste 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.\n\nNote.\n\nWaste disposal facilities are a type of waste or resource management facility—see the definition of that term in this Dictionary.\n\nwaste or resource management facility means any of the following—\n\n> (a) a resource recovery facility,\n\n> (b) a waste disposal facility,\n\n> (c) a waste or resource transfer station,\n\n> (d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).\n\nwaste 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.\n\nNote.\n\nWaste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary.\n\nwater 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.\n\nwater 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—\n\n> (a) retention structures, and\n\n> (b) treatment works, and\n\n> (c) irrigation schemes.\n\nNote.\n\nWater recycling facilities are a type of sewerage system—see the definition of that term in this Dictionary.\n\nwater reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure, dosing facilities and water supply reservoirs.\n\nNote.\n\nWater reticulation systems are a type of water supply system—see the definition of that term in this Dictionary.\n\nwater storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment.\n\nNote.\n\nWater storage facilities are a type of water supply system—see the definition of that term in this Dictionary.\n\nwater supply system means any of the following—\n\n> (a) a water reticulation system,\n\n> (b) a water storage facility,\n\n> (c) a water treatment facility,\n\n> (d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).\n\nwater 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.\n\nNote.\n\nWater treatment facilities are a type of water supply system—see the definition of that term in this Dictionary.\n\nwaterbody means a waterbody (artificial) or waterbody (natural).\n\nwaterbody (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.\n\nwaterbody (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).\n\nwatercourse 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).\n\nwaterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural).\n\nwetland means—\n\n> (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\n\n> (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.\n\nwharf or boating facilities means a wharf or any of the following facilities associated with a wharf or boating that are not port facilities—\n\n> (a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves,\n\n> (b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities,\n\n> (c) wharves for commercial fishing operations,\n\n> (d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel,\n\n> (e) sea walls or training walls,\n\n> (f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks.\n\nwholesale 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](http://www.legislation.gov.au/) of the Commonwealth.\n\n**sch 10:** Am 2023 (523), Sch 2.5\\[7\\]; 2023 (554), Sch 2.35\\[3\\]; 2023 (609), Sch 2.20\\[11\\]; 2023 (698), Sch 2.4\\[4\\].","sortOrder":640},{"sectionNumber":"Schedule 11","sectionType":"schedule","heading":"Environmental heritage—Chapter 6","content":"# Schedule 11 Environmental heritage—Chapter 6\n\nSchedule 11 Environmental heritage—Chapter 6\n\n(section 6.27)\n\n**sch 11:** Rep 2022 (727), Sch 11. Ins 2025 (618), Sch 2\\[2\\].","sortOrder":641}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":763},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2021 scope. Initially focused on State significant precincts and Activation Precincts, it has grown to include: the Alpine Region (Chapter 4, added 2022), Gosford City Centre (Chapter 5), and Port Kembla Land Transformation Precinct (Chapter 6, added 2025). Each addition brings entirely new geographic areas, zoning systems, and development controls, transforming what began as a precinct-specific instrument into a comprehensive regional planning policy covering diverse development types across NSW."},"complexity_factors":["Multiple distinct chapters (2-6) each with separate legislative frameworks for different geographic precincts","Extensive cross-referencing to other SEPPs, Acts, and maps (over 50 external instruments referenced)","Nested definitions and conditional logic — for example, consent authority varies by zone, development cost thresholds, and precinct type","Multiple overlapping approval pathways: standard development consent, Activation Precinct certificates, complying development, and exempt development","Detailed schedules with zone-specific land use tables containing hundreds of permitted/prohibited uses","Heritage, flood planning, and environmental overlays with exception clauses and savings provisions","Transitional provisions for Part 3A projects creating parallel assessment tracks","Mathematical formulas for floor space ratio calculations with multiple variables and thresholds","Temporal conditions (savings provisions, sunset clauses for temporary uses, certificate durations)","Ministerial discretion provisions with subjective criteria like 'design excellence' and 'environmental planning grounds'"],"plain_english_summary":"This is a **State Environmental Planning Policy (SEPP)** for NSW that creates special planning rules for important regional areas across the state. Think of it as a rulebook that overrides normal council planning rules for specific precincts.\n\n**What it does:**\n- **Chapter 2** — Sets up \"State significant precincts\" for major development sites like Kings Forest, Tomago Industrial, Sandon Point, Rise Bilambil Heights, Calderwood and the Southern Highlands Shooting Complex. These are large-scale projects of state importance.\n- **Chapter 3** — Creates \"Activation Precincts\" in Parkes, Wagga Wagga, Moree and the Snowy Mountains. These are areas designed to boost economic development and jobs through streamlined planning. Developers need an \"Activation Precinct certificate\" before getting development approval, and must follow master plans and delivery plans.\n- **Chapter 4** — Protects the **Alpine Region** (ski resorts like Thredbo, Perisher, Charlotte Pass). It balances tourism development with environmental protection, requiring Ministerial approval for most development and setting strict rules for heritage, flooding, and fire safety.\n- **Chapter 5** — Revitalises **Gosford City Centre** with detailed zoning (residential, commercial, mixed-use), height limits, floor space ratios, and design excellence requirements.\n- **Chapter 6** — Establishes the **Port Kembla Land Transformation Precinct** for industrial and employment growth, with a single \"Enterprise\" zone and master plan requirements.\n\n**Who it affects:**\n- Property owners and developers in these specific precincts\n- Local councils (whose normal planning rules are overridden)\n- The Regional Growth NSW Development Corporation (which manages Activation Precincts)\n- The Minister for Planning (who becomes the consent authority for many decisions)\n\n**Why it matters:**\nThis policy **centralises planning control** for strategically important areas, cutting through red tape to fast-track development while maintaining environmental and heritage protections. It represents a shift from local council control to state-level decision-making for major economic and environmental priorities."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The volume and frequency of amendments (approximately 30 in 4 years) strongly indicates the policy's scope has expanded significantly beyond its original form. It is typical for instruments of this type to add new precincts, modify land use tables, and adjust development standards over time. What began as a consolidating regional precinct policy in December 2021 has almost certainly grown to cover additional geographic areas and a broader range of development controls."},"complexity_factors":["Extremely high amendment frequency — approximately 30 versions in 4 years — making it difficult to know which version applied at any given time","Operates within a layered NSW planning framework (Environmental Planning and Assessment Act 1979) requiring knowledge of how SEPPs interact with local environmental plans and other instruments","Geographic specificity — rules vary depending on which precinct a property falls within, requiring cross-referencing of maps and schedules","State policy overrides local council rules, creating a complex interplay between state and local planning controls","Multiple types of development permissions and conditions likely vary precinct by precinct","Affects diverse stakeholders differently (landowners, developers, councils, businesses) with varying legal consequences","Frequent amendments mean the law has likely expanded in scope and coverage over time, adding to navigational complexity","Point-in-time version complexity — determining which version applied for a past development application requires careful date-matching"],"plain_english_summary":"This NSW State Environmental Planning Policy sets state‑level planning rules for designated regional precincts—large, strategic areas where the government, not local councils, controls land use and development. It directly affects property owners, developers, councils, residents and businesses within those precincts because it determines what can be built and used. The policy has been amended frequently (about 30 times since Dec 2021), so the applicable version at the time of any decision is crucial."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Compared with a basic precinct zoning instrument, this Policy has expanded significantly in scope. It consolidates multiple earlier precinct instruments and adds a broad Activation Precinct regime (master plans, delivery plans, Activation Precinct certificates) that transfers substantial planning authority to State bodies (Minister, Planning Secretary, Development Corporations) (see s 3.6–3.12). It also inserts numerous site‑specific and region‑specific rules (Alpine Region, Gosford City Centre, Port Kembla, multiple Activation Precinct schedules and appendices) and explicit powers to displace local LEPs and suspend private covenants (s 3.4(2); s 5.7; s 5.10 and analogous precinct clauses). The Policy therefore moves beyond simply mapping land uses: it creates State‑led programmatic tools for enabling, fast‑tracking and tightly managing strategic development, with bespoke technical controls and consultation obligations for many categories of high‑impact development (hazardous industries, thermal energy from waste, solar farms, heritage‑sensitive works, flood/bushfire constraints)."},"complexity_factors":["Very large instrument with multiple Parts and 11+ precinct Appendices and Schedules (length and scale)","Dozens of cross‑references to other SEPPs, Acts and standards (Transport & Infrastructure SEPP, Codes SEPP, EPA policy, Building Code, multiple Acts)","Many defined terms and precinct‑specific definitions (see s 3.2; Schedule 4A; Schedule 10)","Multiple consent authorities depending on precinct and project scale (Minister, Planning Secretary, Development Corporation, councils)","Nested procedural regimes: master plans (s 3.6) → delivery plans (s 3.7) → Activation Precinct certificates (s 3.9–3.12)","Numerous conditional rules and exceptions (e.g. exceptions to development standards s 5.28; precinct exceptions for transitional Part 3A projects)","Extensive maps and published plans that determine rights (Land Application, Land Zoning, Height, FSR, Heritage, Environmentally Sensitive Areas maps) (s 2.4; many Schedule references)","Multiple types of development status (permitted without consent, permitted with consent, prohibited, exempt development, complying development) vary by precinct/zone and with many technical standards and exclusions (Schedules 1C, 1E, 2, 3, 6, 7)","Technical compliance requirements and staged certificates (hazard studies, flood, bushfire, construction environmental management, engineering certifications) (Schedule 1E and multiple clauses)","Repeats of similar rules in precincts but with different thresholds and bespoke requirements create many locality‑specific permutations (e.g. Alpine vs Gosford vs Activation Precincts)"],"plain_english_summary":"**What this Policy does (mechanics first)**\n\n- It is a State Environmental Planning Policy that sets planning rules for a range of state-level “precincts” across New South Wales — including Activation Precincts (regional industrial/activation areas), the Kosciuszko Alpine Region, Gosford City Centre, Port Kembla Land Transformation Precinct, and a number of site‑specific State significant precincts (e.g. Parkes, Wagga Wagga, Moree, Snowy Mountains, Calderwood, Tomago, Sandon Point, Rise Bilambil Heights, Kings Forest, Southern Highlands Shooting Complex) (see Part 2, Part 3, Part 4, Part 6 and Appendices).  \n\n- It prescribes who decides, how land is zoned and what development is permitted, requires or prohibited in each precinct. The Minister, Planning Secretary, Development Corporation or nominated local council act as consent authorities depending on the precinct and the type or size of the development (see s 4.4; s 5.5; schedule/appendix consent provisions such as s 1A for Parkes, s 1A/3 for Wagga Wagga, and many Appendix‑specific clauses).\n\n- It creates a two‑tier planning mechanism for Activation Precincts: (a) a Minister‑approved master plan setting strategic vision and limits (s 3.6); and (b) delivery plans prepared by an authorised Development Corporation and approved by the Planning Secretary that set specific development controls, infrastructure staging and required consultation steps (s 3.7). Development on Activation Precinct land generally needs an Activation Precinct certificate issued by the Development Corporation before consent or a complying development certificate (s 3.9–3.12A).\n\n- It overrides or displaces local environmental plans and some other State SEPPs where there is inconsistency: the Policy prevails to the extent of any inconsistency (s 2.6; see precinct‑specific overrides such as s 3.4(2) which state a local LEP does not apply inside an Activation Precinct and s 5.7 repealing local plans for Gosford City Centre).\n\n- It sets exemptions and complying development rules specific to each precinct (many schedules and precinct parts) and links to State Codes and standards (for example, the Codes SEPP is excluded in many places but specifically applied or modified in schedules; see s 3.17, s 6.15 and the multiple Schedule entries). It also establishes detailed technical controls (flood planning, bushfire, earthworks, heritage, public utility infrastructure, noise and hours, solar energy, hazardous industry requirements, and construction environmental management plans) across precincts (see chs 3–6; Schedule 1E; Schedule 1C; Part 4 provisions for Alpine and others).\n\n**Who this affects**\n\n- Landowners and developers inside any named precinct: their development rights, required approvals, and permitted/ prohibited uses are driven by this Policy and any precinct master/delivery plans and maps (s 2.5; s 3.3; precinct Schedules).  \n\n- Local councils: in many precincts local LEPs are displaced or limited and planning powers are transferred in part to State decision‑makers (Minister, Planning Secretary, Development Corporation) (see s 3.4(2); s 5.7; precinct consent authority clauses). Councils remain consent authorities in specified cost/scale bands in some precincts (see s 5.5 for Gosford thresholds).\n\n- State agencies and Development Corporations: responsible for preparing master plans, delivery plans, issuing Activation Precinct certificates, and administering technical requirements (s 3.6–3.12; s 3.7).\n\n- Nearby residents, businesses and service providers: subject to changed development intensity, new permitted uses, and State‑led approvals which reduce or alter local controls (maps, land use tables and precinct‑specific rules determine impacts).\n\n- Utilities, rail, pipeline and emergency services: the Development Corporation must consult those authorities for specified development types (penetration near electricity assets, rail corridor works, pipeline measurement length) and factor safety/operational constraints into certificates (s 3.13–3.16; s 3.14; s 3.15).\n\n**Why it matters (official purpose and practical effects)**\n\n- Official purpose: the Policy is framed to facilitate development, redevelopment and protection of “State significant” urban, coastal and regional sites; to promote regional economic development, investment, jobs and orderly infrastructure delivery (s 2.1; s 3.1; precinct objectives in schedules).  \n\n- Practical effects and mechanisms that generate incentives or costs:\n  - It centralises decision‑making for many large or strategic precincts (Minister/Planning Secretary/Development Corporation), which speeds or standardises State priorities but reduces reliance on local LEPs (s 3.4(2); s 5.7). This concentrates decision authority and discretion at the State level.  \n  - The master plan / delivery plan regime (s 3.6–3.8) lets the State set broad envelopes and enable complying development within those envelopes. That can lower approval uncertainty for developers who align with approved delivery plans, while increasing procedural burden (preparation and approval of plans) for proponents and the State.  \n  - Activation Precinct certificates are required for many approvals and have statutory timeframes (application must be decided within 30 days, s 3.10(2)); there is no right of merit appeal against issues or failures to determine these certificates (s 3.10 note). That creates a fast pathway but reduces review rights for applicants and third parties.  \n  - The Policy provides detailed technical pre‑conditions for sensitive uses (hazardous industry requires fire, hazard and safety studies, s 20–23 of Schedule 1E; thermal energy from waste requires consistency with EPA policy, s 3.22). These impose compliance costs and specialist studies for higher‑risk projects.  \n  - It enables hands‑on State control over conservation and heritage by tying consent to master plans, heritage management plans and consultation processes (e.g. Alpine heritage rules s 4.21; many schedule heritage clauses). This increases compliance/assessment work but preserves formal heritage checks.  \n  - The Policy can suspend private covenants or instruments to the extent necessary to enable development consistent with the Chapter (s 5.10; similar suspension clauses in precinct chapters such as s 6.9 for Port Kembla and site appendices). That reduces private contractual barriers to development in State precincts but also alters expectations of private property constraints.\n\n**Implementation, compliance and risk points to watch**\n\n- Implementation risk & bureaucratic discretion: major elements (master plans, delivery plans, Activation Precinct certificates, design review panels, competitive design processes) place substantial discretion with the Minister, Planning Secretary and Development Corporations (s 3.6–3.10; s 5.46). Outcomes depend on how those bodies exercise statutory powers and on the content of maps and plans published by the Minister.\n\n- Compliance burden on proponents: delivery plans, construction environmental management plans, specialist hazard and safety reports, and consultations with utilities and Aboriginal communities are required in many places (s 3.7(5); s 3.16; Schedule 1E ss 20–23; s 4.11(3A) re Aboriginal heritage). Those are predictable but can be expensive and time‑consuming.\n\n- Concentrated benefits vs diffuse costs: benefits from relaxed local controls, fast State processes, and explicit activation of industrial or energy projects accrue to proponents and investors in specific precincts (concentrated). Costs such as traffic, noise, or cumulative environmental impacts are spread across local residents and may be harder to contest because the Policy can displace local LEPs and limit some local review avenues (s 3.4(2); s 5.7; Activation Precinct certificates no merits appeal note).\n\n- Market and competition effects: by enabling higher floor space ratios, exceptions to height or density limits in specified circumstances (s 5.46, s 5.28 and precinct exception clauses), the Policy can increase development intensity in targeted zones. That encourages larger‑scale projects and may favour well‑capitalised developers who can meet design excellence, sustainability and infrastructure obligations.\n\n**Where to look in the text for key mechanics**\n\n- Master plans and delivery plans: s 3.6–3.8 (Activation Precincts).  \n- Activation Precinct certificates and timing/appeal limits: s 3.9–3.12A.  \n- Override of local LEPs / relationship with other instruments: s 2.6; s 3.4(2); s 5.7.  \n- Complying and exempt development rules and schedules: s 3.17–3.21 (Activation Precincts), s 4.11–4.13 (Alpine), Schs 1C, 1E, 2, 3, 6, 7 (precinct and chapter schedules).  \n- Consultation / infrastructure constraints (electricity, pipelines, rail): s 3.13–3.16.  \n- Suspension of covenants and instruments: s 5.10 (Gosford); similar clauses in precinct and chapter local provisions (e.g. s 6.9 Port Kembla, Appendix clauses).  \n\n**Bottom line (practical summary)**\n\n- This Policy centralises and standardises State planning controls for many named regional precincts, substituting State master/delivery plans and State decision makers for some local plan rules. It creates fast, standardised processes for certain forms of development (via Activation Precinct certificates and precinct‑specific complying/exempt development rules) while imposing structured technical requirements and consultation obligations (hazard studies, heritage processes, infrastructure availability checks). The main impacts are (a) greater State direction and discretion over strategic precincts (who decides), (b) clearer envelopes and streamlined paths for development that comply with master/delivery plans (what developers can do), and (c) increased pre‑approval technical and planning compliance (what developers must pay to deliver)."}},"importantCases":[],"_links":{"self":"/api/acts/state-environmental-planning-policy-precincts-regional-2021","history":"/api/acts/state-environmental-planning-policy-precincts-regional-2021/history","analysis":"/api/acts/state-environmental-planning-policy-precincts-regional-2021/analysis","conflicts":"/api/acts/state-environmental-planning-policy-precincts-regional-2021/conflicts","importantCases":"/api/acts/state-environmental-planning-policy-precincts-regional-2021/important-cases","documents":"/api/acts/state-environmental-planning-policy-precincts-regional-2021/documents"}}