acid sulfate soils means actual or potential acid sulfate soils, as defined in the Acid Sulfate Soils Assessment Guidelines.
Acid Sulfate Soils Assessment Guidelines means the Acid Sulfate Soils Assessment Guidelines as published by the NSW Acid Sulfate Soils Management Advisory Committee and adopted for the time being by the Director-General.
Acid Sulfate Soils Planning Map means the map marked “Hurstville Local Environmental Plan 1994 (Amendment No 48)—Acid Sulfate Soils Planning Map”.
advertising means the use of a building or place for the display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display involves the erection of a structure or the carrying out of a work.
alter, in relation to a heritage item, means—
(a) make structural changes to the outside of the heritage item, or
(b) make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, other than changes ensuing from the maintenance of the existing detail, fabric, finish or appearance of the outside of the item.
amusement centre means a building or place used, or adapted for use, for the operation, playing or viewing of—
(a) billiards, pool or other like games (whether or not by use of coin operated tables or equipment), but only if tables or equipment for more than 3 such games is installed in the building or place, or
(b) electrically or mechanically operated amusement devices, such as pinball machines and the like, but only if more than 3 such machines are installed in the building or place, or
(c) electronic appliances which are controlled or partly computer controlled and associated with one or more electronic screens operated by one or more players for amusement or recreation, but only if more than 3 such appliances are installed in the building or place,
but does not include a building or place used for the primary purpose of providing general computer office and associated internet services and facilities.
animal establishment means a building or place used for the breeding, boarding, training or keeping of, or for caring for, animals whether or not for commercial purposes, but does not include a veterinary establishment or a building or place used (in conjunction with a dwelling) for the keeping of pets.
Section 5 - Hurstville Local Environmental Plan 1994 - Interpretation | Zoe
appointed day means the day on which this plan takes effect.
aquaculture means the cultivation (including the propagation and rearing) of the living resources of the sea or inland waters, whether or not the cultivation is carried out in a farm established for that purpose using an artificially created body of water.
archaeological site means the site of one or more relics.
arterial road means—
(a) a road shown on the map by a broken red band,
(b) a road declared to be a main road under the Roads Act 1993, or
(c) a road declared to be a secondary road under the Roads Act 1993.
automotive use means a use of a building or work or land for the purpose of fuelling, lubricating, cleaning, caring for, maintaining or repairing motor vehicles or of offering for sale and installing automotive accessories or parts and includes a workshop, a shop for the sale of automotive spare parts, tyres or car batteries, a tyre retreading workshop and any other establishment performing similar functions, but does not include a panel beating workshop (other than a place used for minor panel beating ancillary to a motor showroom) or a service station.
bed and breakfast accommodation means a dwelling house occupied by permanent residents who provide temporary paid accommodation to guests, which may include meals, with not more than three bedrooms.
boarding house means a building or place—
(a) where accommodation, meals and laundry facilities are provided to the residents of the building or place, and
(b) which is not licensed to sell liquor within the meaning of the Liquor Act 1982.
bulky goods salesroom or showroom means a building or place used for the sale (by retail or auction), hire or display of items (whether goods or materials) which are of such a size, shape or weight as to require—
(a) a large area for handling, storage or display, or
(b) direct vehicular access to the site of the building or place by members of the public for the purpose of loading items into their vehicles after purchase,
but does not include a building or place used for the sale of foodstuffs or clothing.
bushfire hazard reduction means a reduction or modification (by controlled burning or mechanical or manual means) of material that constitutes a bushfire hazard.
bushland means land on which there is vegetation which is either a remainder of the natural vegetation of the land or is still representative of the natural vegetation.
business premises means a building or place in which there is carried on an occupation, profession, light industry or trade which provides a service directly and regularly to the public, but does not include a building or place elsewhere defined in this clause.
car park means a building or place (other than a building or place used in conjunction with a dwelling) used for parking vehicles, whether operated for gain or not, and includes any manoeuvring space and access to that building or place.
caravan park means land used as a site for moveable dwellings, including tents and caravans or other vehicles used for temporary or permanent accommodation.
child care centre means fixed premises (other than the home of the licensee of the child care service) at which a child care service is provided by a person for the purpose of educating, minding or caring for (but without providing residential care for) 4 or more children (disregarding any children who are related to the person providing the service) who are under 6 years of age and who do not ordinarily attend school.
commercial sign means a non-illuminated advertisement, which, in respect of any place or premises to which it is affixed, contains only—
(a) an identification or description of the place or premises,
(b) an identification or description of any person residing or carrying on an occupation at the place or premises,
(c) particulars of any occupation carried on at the place or premises,
(d) such directions or cautions as are usual or necessary in relation to the place or premises or any occupation carried on there,
(e) particulars or notifications required or permitted to be displayed by or under any Act or any Act of the Parliament of the Commonwealth,
(f) particulars relating to the goods, commodities or services dealt with or provided at the place or premises,
(g) a notice that the place or premises is or are for sale or letting together with particulars of the sale or letting, or
(h) particulars of any activities held or to be held at the place or premises.
communications facility means a building, structure, work or place used primarily for transmitting or receiving signals for the purpose of communication, and includes radio masts, towers, satellite discs and the like.
community facility means a building or place owned or controlled by a public authority or a body of persons which may provide for the physical, social, cultural or intellectual development or welfare of the local community, but does not include a building or place elsewhere defined in this clause.
community land means land classified as community land within the meaning of the Local Government Act 1993.
conservation management plan means a document prepared in accordance with the requirements of the NSW Heritage Office that establishes the heritage significance of an item or place and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
contaminated land has the same meaning as it has in section 145A of the Act.
convenience store means a shop selling a variety of small consumer goods, petrol, oil and petroleum products, whether or not other goods are available for hire.
council means the Council of the City of Hurstville.
demolish, in relation to a heritage item, means wholly or partly destroy, dismantle or deface the heritage item.
dual occupancy means two dwellings on a single allotment of land.
dwelling means a room or number of rooms occupied or used, or so constructed or adapted as to be capable of being occupied or used, as a separate residence.
dwelling house means a building containing one but not more than one dwelling.
educational establishment means a building or place used for education (including teaching) and includes—
(a) a school,
(b) a tertiary institution, being a university, college of advanced education, teachers’ college, technical college or other tertiary college providing formal education which is constituted by or under an Act, and
(c) an art gallery or museum, not being a gallery or museum in which any items on display are for sale,
whether or not accommodation for staff and students is provided and whether or not used for the purpose of gain.
environmental facilities or works means—
(a) a structure or work that facilitates public pedestrian access and includes, but is not limited to, nature study or display facilities, walking tracks, boardwalks, pedestrian bridges, duckboards, observation decks, bird hides, fishing decks, or the like, or
(b) environmental management or restoration works including, but not limited to, bush regeneration, wetlands restoration, erosion and sedimentation works, other drainage works, or the like.
exempt development—see clause 9A.
floor means that space within a building which is situated between one level of the building and the level next above or, if there is no level above, the ceiling or roof above.
floor space ratio means the ratio of the gross floor area of a building to the area of the site on which the building is situated.
generating works means a building or place used for the purpose of making or generating gas, electricity or other forms of energy.
gross floor area means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the internal face of the external enclosing walls as measured at a height of 1,400 millimetres above each floor level, excluding—
(a) columns, fin walls, shading devices, awnings and any other elements, projections or works outside the general lines of the outer face of the external wall,
(b) lift towers, cooling towers, machinery and plant rooms and ancillary storage space and air-conditioning ducts,
(c) car parking needed to meet any requirements of the council and any internal vehicular or pedestrian access to that parking,
(d) space for the loading and unloading of goods, and
(e) internal public arcades and thoroughfares, terraces and balconies and the like.
ground level means the level of a site as if no development had taken place.
group home includes both a permanent group home and a transitional group home.
hazardous industry means an industry which, when in operation and when all measures proposed to minimise its impact on the locality have been employed (including measures to isolate the industry from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality—
(a) to human health, life or property, or
(b) to the biophysical environment.
hazardous storage establishment means an establishment where goods, materials or products are stored which, when in operation and when all measures proposed to minimise its impact on the locality have been employed (including measures to isolate the establishment from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality—
(a) to human health, life or property, or
(b) to the biophysical environment.
health consulting rooms means a room or a number of rooms forming either the whole or part of, attached to, or within the curtilage of, a dwelling house used by not more than 2 practitioners providing professional treatment or health care services (including dental and optical services) to members of the public.
heritage impact statement means a document consisting of a statement demonstrating the heritage significance of a heritage item, an assessment of the impact that proposed development will have on that significance and proposals for measures to minimise that impact.
heritage item means a building, an element of a building, a work, relic, tree, archaeological site or place of heritage significance to the local government area of the City of Hurstville described in Schedule 2.
heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
home activity means any activity or pursuit carried on for personal gain in a building or room or a number of rooms forming part of, attached to, or within the curtilage of, a dwelling where—
(a) only goods made or produced, or services offered, as a result of the activity or pursuit are displayed, sold or provided, and
(b) the primary use of the dwelling is for residential purposes, and
(c) the activity or pursuit does not—
(i) interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise, or
(ii) involve exposure to view from any public place of any matter, or
(iii) require the provision of any essential service main of a greater capacity than that available in the locality, or
(iv) generate traffic out of keeping with the surrounding area, and
(d) not more than two persons (including any employee) carry on the activity or pursuit, at least one of whom is a resident of the dwelling, and
(e) the premises do not constitute sex services premises.
hospital means a building or place used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment or counselling) to people admitted as in-patients, whether or not out-patients are also cared for or treated, and includes—
(a) ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or refreshment rooms and ancillary accommodation for persons receiving health care or for their visitors, and
(b) facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers, and whether or not any such use is a commercial use.
industry means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or articles for a commercial purpose, but does not include anything elsewhere defined in this clause (except hazardous, light and offensive industries).
landscaped area means that part of a site area which is not occupied by any building and includes so much of that part as is used, or to be used, for swimming pools, recreation areas, lawns, gardens or the like, but does not include so much of that part as is used, or to be used, for driveways or parking areas.
light industry means an industry in which the processes carried on, or the transportation involved, or the machinery or materials used, do not interfere unreasonably with the amenity of the neighbourhood, but does not include anything (other than industry) elsewhere defined in this clause.
maintenance means the ongoing protective care of the fabric of a heritage item and its setting. It does not include alterations, such as carrying out extensions or additions, or the introduction of new materials or technology.
materials recycling yard means a building or place used for the collecting, dismantling, storing, abandoning or recycling of second-hand or scrap materials for the purpose of resale.
medical centre means a building or place used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment or counselling) to out-patients only.
multiple dwellings means a building or buildings, consisting of 3 or more dwellings (whether or not attached), where each dwelling has an individual entrance and direct private access to private open space at natural ground level, and includes villas, town houses, terraces, cluster housing, and the like.
offensive industry means an industry which, when in operation and when all measures proposed to minimise its impact on the locality have been employed (including measures to isolate the industry from existing or likely future development on other land in the locality), would emit a polluting discharge (including noise) in a manner which would have a significant adverse impact in the locality or on the development.
offensive storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to minimise its impact on the locality have been employed (including measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a polluting discharge (including noise) in a manner which would have a significant adverse impact in the locality or on the development.
office premises means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities (except dealing with members of the public otherwise than by appointment), but does not include a building or place elsewhere defined in this clause.
operational land means land classified as operational land within the meaning of the Local Government Act 1993.
panel beating workshop means a building or place used for the purpose of carrying out repairs to motor vehicles and agricultural machinery, where the work involved includes—
(a) body building,
(b) panel beating (which may or may not involve dismantling), and
(c) spray painting.
permanent group home means a dwelling—
(a) which is used to provide a household environment for disabled persons or socially disadvantaged persons, whether those persons are related or not, and
(b) which is occupied by the persons referred to in paragraph (a) as a single household, with or without paid or unpaid supervision or care and with or without payment for board and lodging being required.
place of Aboriginal heritage significance means—
(a) a place that has the physical remains of a pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It can (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or
(b) a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance.
place of worship means a building or place used for the purposes of religious worship, whether or not the building or place is also used for counselling, social events, instruction or religious training by a congregation or religious group.
plant nursery means a building or place used for both the growing and selling by retail of plants, whether or not landscape supplies (including earth products) and other landscape and horticultural products are also sold there.
plant and equipment hire establishment means a building or place where plant and equipment are stored, displayed and hired or leased to persons for temporary use, but does not include premises used for the purpose of hiring home entertainment equipment, such as stereo sound systems, televisions, video cassette recorders, video tapes and the like.
potential archaeological site means a site that, in the opinion of the consent authority, has the potential to be an archaeological site.
potential place of Aboriginal heritage significance means a place that, in the opinion of the consent authority, has the potential to have Aboriginal heritage significance.
public building means a building or place used to carry on a business or as an office by a public authority or an organisation established for public purposes.
public utility undertaking means any undertaking carried on by, or by authority of, any Government department, or in pursuance of any Commonwealth or State Act, for the purpose of—
(a) railway, road, water or air transport, or wharf or river undertakings, or
(b) the provision of sewerage or drainage services, or
(c) the supply of water, hydraulic power, electricity or gas.
recreation area means—
(a) a children’s playground,
(b) an area used for sporting activities or sporting facilities, or
(c) an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by—
(i) the council, or
(ii) a body of persons associated for the purpose of promoting the physical, cultural or intellectual welfare of persons within the community,
and includes golf courses, tennis courts and bowling greens and any ancillary club building, but does not include a racecourse or a showground.
recreation facility means a building or place used exclusively for a sporting activity, or exercise or for a leisure activity, whether operated for the purpose of gain or not, but does not include a building or place elsewhere defined in this clause.
refreshment room means a restaurant, cafe, tea room, eating house or the like.
relic means—
(a) any deposit, object or material evidence (which may consist of human remains) that is more than 50 years old relating to the use or settlement, not being Aboriginal habitation, of the local government area of the City of Hurstville and that is a fixture or is wholly or partly within the ground, or
(b) any deposit, object or material evidence (which may consist of human remains) of any age relating to Aboriginal habitation of the local government area of the City of Hurstville.
residential flat building means a building containing 2 or more dwellings, but does not include anything elsewhere defined in this clause except dwellings.
residential office means a building or room or a number of rooms (forming part of, attached to, or within the curtilage of, a dwelling) in which a business or profession is carried on by a permanent resident of the dwelling and where—
(a) not more than 2 persons practise or are employed on the premises at any one time, and
(b) no goods are sold or displayed on the premises.
service station means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil and other petroleum products whether or not the building or place is also used for any one or more of the following purposes—
(a) the hiring of trailers,
(b) the retail selling or the installing of spare parts and accessories for motor vehicles,
(c) the washing and greasing of motor vehicles,
(d) the repairing and servicing of motor vehicles (other than body building, panel beating or spray painting),
(e) the retail selling or hiring of small consumer goods.
sex services means sexual acts or sexual services in exchange for payment.
sex services premises means premises habitually used for the purposes of sex services.
shop means a building or place used for the purpose of selling (whether by retail or auction), or hiring (or displaying for the purpose of selling or hiring) items (whether goods or materials).
site area, in relation to development, means the area of land to which an application for consent to carry out development relates, but does not include any part of that land on which the development is not permitted by or under this plan or any other environmental planning instrument.
subdivision of land has the same meaning as in the Act.
the map means the map marked “Hurstville Local Environmental Plan 1994”, as amended by the maps (or specified sheets of maps) marked as follows—
Editorial note—
The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.
Hurstville Local Environmental Plan 1994 (Amendment No 2)
Hurstville Local Environmental Plan 1994 (Amendment No 4)—Sheets 3 and 4
Hurstville Local Environmental Plan 1994 (Amendment No 5)
Hurstville Local Environmental Plan 1994 (Amendment No 6)
Hurstville Local Environmental Plan 1994 (Amendment No 14)
Hurstville Local Environmental Plan 1994 (Amendment No 15)—Sheets 1 and 2
Hurstville Local Environmental Plan 1994 (Amendment No 16)
Hurstville Local Environmental Plan 1994 (Amendment No 17)
Hurstville Local Environmental Plan 1994 (Amendment No 21)
Hurstville Local Environmental Plan 1994 (Amendment No 25)
Hurstville Local Environmental Plan 1994 (Amendment No 26)—Sheet 1
Hurstville Local Environmental Plan 1994 (Amendment No 29)
Hurstville Local Environmental Plan 1994 (Amendment No 30)
Hurstville Local Environmental Plan 1994 (Amendment No 31)
Hurstville Local Environmental Plan 1994 (Amendment No 32)
Hurstville Local Environmental Plan 1994 (Amendment No 34)
Hurstville Local Environmental Plan 1994 (Amendment No 38)—Sheets 1 and 2
Hurstville Local Environmental Plan 1994 (Amendment No 40)
Hurstville Local Environmental Plan 1994 (Amendment No 44)—Sheet 1
Hurstville Local Environmental Plan 1994 (Amendment No 45)
Hurstville Local Environmental Plan 1994 (Amendment No 54)
Hurstville Local Environmental Plan 1994 (Amendment No 56)—Sheet 1
Hurstville Local Environmental Plan 1994 (Amendment No 57)
Hurstville Local Environmental Plan 1994 (Amendment No 64)
Hurstville Local Environmental Plan 1994 (Amendment No 70)
Hurstville Local Environmental Plan 1994 (Amendment No 71)—Sheet 1
transitional group home means a dwelling—
(a) which is used to provide temporary accommodation, for the purpose of relief or rehabilitation, for disabled persons or socially disadvantaged persons, whether those persons are related or not, and
(b) which is occupied by the persons referred to in paragraph (a) as a single household, either with or without paid or unpaid supervision or care and with or without payment for board and lodging being required.
transport depot means a building or place used for the parking or storage of motor-powered or motor-drawn vehicles used in connection with a passenger transport undertaking, business, industry or shop.
utility installation means a building or work used for a public utility undertaking.
veterinary establishment means a building or place used for the purpose of the medical or surgical treatment of animals, whether or not animals are kept or boarded on the premises.
warehouse or distribution centre means a building or place used for the principal purpose of storing, handling or displaying items (whether goods or materials) which have been produced or manufactured for sale, other than retail sale to the public from the building or place.
(2) In this plan—
(a) a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose,
(b) a reference to a map is a reference to a map deposited in the office of the council, and
(c) a reference to land within a zone specified in the Table to Part 2 is a reference to land shown on the map in the manner indicated in clause 7 as the means of identifying land of the zone so specified.
(3) Notes included in this plan do not form part of this plan.