(1) In this plan, except in so far as the context or subject-matter otherwise indicates or requires—
agriculture means the use of land for cultivation, horticulture or animal husbandry but does not include a use of land elsewhere specifically defined in this clause.
animal boarding establishment means a building or place where cats or dogs are bred, trained, accommodated or nurtured for gain or reward.
appointed day means the day upon which this plan takes effect.
aquaculture means the commercial production (breeding, hatching, rearing or cultivation) of marine, estuarine or fresh water organisms, including aquatic plants or animals (such as fin fish, crustaceans, molluscs or other aquatic invertebrates).
aviation related land use means a building or place used as an office or for other business or commercial purposes or industry related to aviation, and includes a building or place used for the provision of services related to—
(a) the assembly, storage or land transport of air freight, or
(b) the accommodation or transportation of passengers by air or land, or
(c) the operation, maintenance or repair of aircraft, or
(d) the administrative functions associated with an airport, such as airport management and security, or
(e) the functions of government departments and authorities related to air passengers and air freight, or
(f) services provided for air passengers, including banking, dry cleaning, hairdressing, and the like.
bed and breakfast accommodation means the use of premises comprised of one or more buildings for the provision of accommodation and meals to temporary residents on a short-term basis where—
(a) the accommodation is, in each case, for a period not in excess of 21 days,
(b) no more than 12 residents (including permanent residents) are accommodated at any one time, and
(c) only permanent residents of the premises and other part-time employees are employed on the premises.
brothel means premises habitually used for the purposes of prostitution or that are designed to be used for that purpose. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.
bulky goods premises means a building or place used primarily for the sale by retail, wholesale or auction of (or for the hire or display of) bulky goods, being goods that are of such size or weight as to require—
(a) a large area for handling, display or storage, or
(b) direct vehicular access to the site of the building or place by members of the public for the purpose of loading or unloading such goods into or from their vehicles after purchase or hire,
but does not include a building or place used for the sale of foodstuffs or clothing unless their sale is ancillary to the sale or hire or display of bulky goods.
club means a building used as the premises of a club registered under the Registered Clubs Act 1976.
cluster housing means the erection on a single allotment of land of 3 or more detached dwelling-houses.
community facility means—
(a) a children’s playground,
(b) a place used for sporting activities or sporting facilities,
(c) a place used to provide recreational facilities for the physical, cultural, social or intellectual welfare of the community or a group within the community, being facilities provided by a public authority or a body of persons associated to promote that welfare, or
(d) a building or place used, whether for gain or not, as a room, meeting room or the like by a public authority or a body of persons associated as a non-profit organisation to promote the physical, cultural, social or intellectual welfare of the community or a group within the community,
but does not include a club, racecourse or showground.
concessional allotment means—
(a) an allotment excised in accordance with clause 11 (2) or (3) of Interim Development Order No 1—Shire of Shoalhaven from land within the meaning of clause 11 (6) of that Order, or
(b) an allotment of between 2 and 40 hectares lawfully created under clause 11 (4) (a) of this plan as in force immediately before the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127), or
(c) an allotment of between 1 and 2 hectares lawfully created under clause 11 (4) (b) of this plan as in force immediately before the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127), or
(d) an allotment of between 4,000 square metres and less than 40 hectares lawfully created under clause 11 (4) (c) of this plan as in force immediately before the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127), or
(e) an allotment or portion for which development consent for a dwelling-house was obtained under clause 14 (2) (g) of this plan as in force immediately before the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127), being a consent that is current.
Council means the Council of the City of Shoalhaven.
dual occupancy development means development that results in 2 dwellings only (whether attached or detached), on a single allotment of land in one of the following forms—
(a) detached dual occupancy—two separate dwelling-houses which have parallel or corresponding architectural features in their building form,
(b) attached dual occupancy—two dwellings which are physically attached and characterised by a continuous roof profile with identical pitch resulting in the appearance of a single dwelling-house.
extractive material means sand, gravel, clay, soil, rock, stone or similar substances, but excludes turf and any sand, soil or other material remaining attached to turf after extraction of turf is carried out.
home activity means any activity carried out for either paid or unpaid employment purposes—
(a) in a dwelling or dwelling-house, or
(b) from a building, or area, within the curtilage of a dwelling-house, or
(c) from an outbuilding, or area, on a property in a rural location, or
(d) on land adjoining, and under the same ownership as, land on which such a dwelling, dwelling-house, building, outbuilding or area is situated,
if the dominant use of the premises or land is for domestic purposes, the activity is carried out by a resident of the premises or land and the activity does not involve the use of the premises or land for the purposes of use as sexual service premises.
identified land use for a site means a land use that is not specified as being allowed in the Table to clause 9 but which is consistent with the objectives of this plan and any relevant State environmental planning policy and regional environmental plan and which is identified by the Council as suitable due to the circumstances of the site.
intensive animal husbandry means an activity carried out within a building or on land involving the keeping or nurturing of cattle, goats, horses, poultry, sheep or other livestock for commercial purposes by predominantly supplementary feeding methods and, without limiting the generality of the foregoing, includes the use of a building or land for the purpose of—
(a) feed lots,
(b) piggeries, or
(c) poultry farms,
but does not include the use of a building or land for the purposes of an animal boarding establishment or for the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of the building or land, or intensive hand feeding of livestock as a result of natural disaster, including drought, flood or bush fire.
manufactured home estate means land on which manufactured homes are, or are to be, erected.
marina means a pontoon, jetty, pier or similar structure, designed or adapted to provide moorings for small boats used primarily for pleasure or recreation and includes ancillary works such as slipways, facilities for the repair and maintenance of boats and the provision of fuel, accessories and parts for boats, and of foodstuffs, but does not include a pontoon, jetty, pier or similar structure for private use involving 3 boats or less.
motel means a building or buildings (other than a hotel, boarding-house or residential flat building) substantially used for the overnight accommodation of travellers, or longer term accommodation for tourists, and the vehicles used by them, whether or not the building or buildings are also used in the provision of meals to those travellers, tourists or the general public.
prime crop and pasture land means land identified as class 1, 2 or 3 on a map entitled “Agricultural Land Classification” produced by the Department of Agriculture, dated 1986, and available for public inspection at the office of the Council, but does not include land which the Director-General of the Department of Agriculture has notified the Council in writing is not prime crop and pasture land.
public utility infrastructure includes infrastructure for any of the following—
(a) the supply of water,
(b) the supply of electricity,
(c) the disposal and management of sewage.
residential flat building means a building containing 3 or more dwellings.
road transport depot means a building or place used for the servicing, repair and parking of vehicles used for the purpose of a road transport undertaking and includes a bus depot, but does not include a road transport terminal.
seniors housing means residential accommodation that consists of—
(a) a residential care facility, or
(b) a hostel, or
(c) a group of self-contained dwellings, or
(d) a combination of these,
and that is, or is intended to be, used permanently for—
(e) seniors or people who have a disability, or
(f) people who live in the same household with seniors or people who have a disability, or
(g) staff employed to assist in the administration of the residential accommodation or in the provision of services to persons living in the accommodation,
but does not include a hospital.
sexual services premises means premises (including a brothel) where sexual services of any sort (including, but not limited to, sexual intercourse, but excluding services rendered by a registered medical practitioner in the proper exercise of his or her profession) are provided for fee or reward.
Special Rural Lifestyle Area means land shown on the map by dashed lines, the words “Special Rural Lifestyle Area” and an area number.
stables means any building or part of a building used to receive, maintain or keep a horse, whether for the purposes of gain or not.
the map means the map marked “City of Shoalhaven Local Environmental Plan 1985”, as amended by the 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.
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 2)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 4)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 5)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 7)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 8)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 10)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 11)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 12)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 13)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 14)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 15)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 17)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 18)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 20)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 21)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 22)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 23)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 24)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 28)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 29)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 31)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 32)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 33)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 34)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 35)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 36)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 37)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 38)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 39)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 40)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 41)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 42)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 43)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 44)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 46)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 48)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 50)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 51)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 52)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 53)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 54)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 55)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 56)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 58)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 62)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 63)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 64)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 65)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 66)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 67)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 68)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 72)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 76)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 77)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 79)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 80)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 82)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 83)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 84)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 85)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 86)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 87)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 88)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 89)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 91)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 92)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 95)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 96)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 97)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 101)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 104)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 107)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 109)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 110)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 112)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 113)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 115)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 117)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 118)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 121)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 122)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 123)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 125)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 126)—Sheet 1
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 131)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 132)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 137)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 140)—Sheet 1
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 141)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 142)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 151)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 152)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 155)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 156)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 158)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 159)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 161)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 162)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 166)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 167)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 169)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 170)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 171)—Sheet 1
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 175)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 176)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 177)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 178)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 180)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 182)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 183)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 184)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 189)
Shoalhaven Local Environmental Plan 1985 (Amendment No 191)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 193)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 194)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 195)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 196)—Sheet 2
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 198)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 202)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 204)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 205)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 207)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 208)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 211)
City of Shoalhaven Local Environmental Plan 1985 (Amendment No 213)
Shoalhaven Local Environmental Plan 1985 (Amendment No 214)
Shoalhaven Local Environmental Plan 1985 (Amendment No 215)
Shoalhaven Local Environmental Plan 1985 (Amendment No 220)—Sheet 1
Shoalhaven Local Environmental Plan 1985 (Amendment No 221)
Shoalhaven Local Environmental Plan 1985 (Amendment No 224)
Shoalhaven Local Environmental Plan 1985 (Amendment No 226)
Shoalhaven Local Environmental Plan 1985 (Amendment No 228)
Shoalhaven Local Environmental Plan 1985 (Amendment No 229)
Shoalhaven Local Environmental Plan 1985 (Amendment No 231)
Shoalhaven Local Environmental Plan 1985 (Amendment No 232)
Shoalhaven Local Environmental Plan 1985 (Amendment No 235)—Sheets 1 and 2
Shoalhaven Local Environmental Plan 1985 (Amendment No 236)
Shoalhaven Local Environmental Plan 1985 (Amendment No 238)
Shoalhaven Local Environmental Plan 1985 (Amendment No 239)
Shoalhaven Local Environmental Plan 1985 (Amendment No 240)
Shoalhaven Local Environmental Plan 1985 (Amendment No 241)
Shoalhaven Local Environmental Plan 1985 (Amendment No 242)
Jervis Bay Regional Environmental Plan 1996 (Amendment No 1)—map 5a—sheet 2
tourist accommodation unit means a dwelling used, designed, constructed or adapted to be used for the provision of holiday accommodation, not permanent occupation, being one of a group of similar dwellings forming part of a tourist facility.
turf farming means the cultivation and extraction of turf whether or not for the purpose of sale.
waste means any solid, gas or liquid, with or without matter in suspension or solution in it, which is or may be discharged from premises in the course of any process or operation carried out in connection with any trade, industry, agriculture or sewage treatment, and
water transport terminal means a building or place used for the assembly and dispersal of passengers travelling by boat or for the bulk handling of goods for transport by boat, including facilities for the loading and unloading of boats used to transport those goods.
1964 holding means land within Zone No 1 (a), 1 (b), 1 (d), 1 (g), 7 (a), 7 (c), 7 (d1), 7 (e), 7 (f1) or 7 (f3) which at 28 February 1964 was—
(a) the area of a lot, portion or parcel of land in a separate ownership, or
(b) where a person then owned 2 or more adjoining or adjacent lots, portions or parcels of land, the aggregation of the areas of those lots, portions or parcels, or
(c) the remainder of land referred to in paragraph (a) or (b), after the excision of allotments by a subdivision allowed by—
(i) clause 11 (4) or (9) of Interim Development Order No 1—Shire of Shoalhaven, or
(ii) clause 11 (7) or (10) of this plan as in force immediately before the commencement of City of Shoalhaven Local Environmental Plan 1985 (Amendment No 127), or
(iii) clause 11 (3), 11 (4) or 52 of this plan, or
(2) The letters and symbols “M.W.S. & D.B.” where appearing on the map mean “Metropolitan Water Sewerage and Drainage Board purposes”.
(3) In this plan, except in so far as the context or subject-matter otherwise indicates or requires—
(a) a reference to a map is a reference to a map deposited in the office of the Council,
(b) a reference to land within a zone specified in clause 8 is a reference to land shown on the map in the manner indicated in that clause as the means of identifying land of the zone so specified, and
(c) a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for that purpose.
(4) Notes included in this plan do not form part of this plan.