Schedule 7 Definitions—Chapter 6
Schedule 7 Definitions—Chapter 6
(Section 6.4)
sch 7, hdg: Am 2023 (609), Sch 2.21[22].
AEP or annual exceedence probability means the chance, expressed as a percentage, of a flood occurring in any one year.
advertisement means 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 includes the erection of a structure or the carrying out of a work.
agriculture means—
(a) cultivating fruit, vegetable or flower crops, or
(b) keeping or breeding livestock, bees or poultry or other birds,
for commercial purposes, but does not include the use of land for an intensive livestock keeping establishment or for intensive plant agriculture.
airline terminal means a building or place used for the assembly of passengers and goods prior to the transport of those passengers and goods either to or from an airport or an aerodrome.
amusement centre means a building or place in or at which—
(a) four or more tables are used for playing pool, snooker, billiards or other like games, or
(b) four or more electrically or mechanically operated amusement devices, such as pinball machines, are played.
backpackers’ hostel means a building having an average of two or more beds in each room and providing temporary shared accommodation for travellers and tourists who have their principal place of residence elsewhere, but (in Part 6) does not include a building or place specifically defined elsewhere in this Schedule.
bed and breakfast establishment means a dwelling house used by its permanent residents to provide short-term paid accommodation (which may include meals) for visitors on a room basis and includes homestay accommodation, but which does not—
(a) accommodate more than six visitors at any one time, or
(b) involve the employment of persons other than those residents, or
(c) interfere with the amenity of the neighbourhood due to the generation of vehicular traffic, the attraction of customers, or the reduction of car parking in the vicinity of the land to which Chapter 6 applies, or
(d) involve the sale of liquor or sale of goods from the land to which Chapter 6 applies, or
(e) involve the provision of a reception centre or a recreation facility.
boarding house means a building or place—
(a) where accommodation, meals and laundry facilities are provided to residents of the building or place, and
(b) which is not licensed to sell liquor within the meaning of the Liquor Act 1982.
brothel means premises used for the purposes of prostitution by one or more prostitutes.
building has the same meaning as in section 4 of the Act.
building area means the floor area of a building as measured to the external face of each floor, including all enclosed floor space and enclosed garages.
bulky goods retailing means use of a building or place for the sale by retail or auction, or the hire or display, of any of the following or the like—
(a) furniture,
(b) electrical goods,
(c) toy and sporting equipment,
(d) office furniture,
(e) hardware,
(f) outdoor products,
(g) floor coverings,
(h) automotive parts and accessories,
(i) lighting,
(j) antiques and second hand goods,
(k) kitchen or bathroom showrooms,
(l) tiles (floor, ceiling or wall).
bush fire hazard reduction means a reduction or modification (by controlled burning or by mechanical, chemical or manual means) of material that constitutes a bush fire hazard.
call centre means a commercial activity where persons are primarily employed to make and receive telephone calls, carried out in a building or part of a building that could readily and economically be adapted for use as a warehouse.
caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, placed or erected.
centre-based child care facility has the same meaning as in the standard instrument for a local environmental plan prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.
club means a building used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes whether of the same or a different kind and whether or not the whole or part of such building is the premises of a club registered under the Registered Clubs Act 1976.
commercial premises means a building or place used as an office or for other business or commercial purposes, but (in Part 6) does not include a building or place elsewhere specifically defined in this Schedule or a building or place used for a land use elsewhere specifically defined in this Schedule.
community facility means a building, place or any other facility, whether or not provided by the relevant council, provided for use by groups having similar physical, cultural, social, recreational, ethnic or other interests or beliefs, but (in Part 6) does not include a club which is registered under the Registered Clubs Act 1976 or a building or place specifically defined elsewhere in this Schedule.
consent authority is defined in section 6.19.
demolition of a building or work means the damaging, defacing, destruction, pulling down or removal of the building or work, in whole or in part.
development agreement means a legally enforceable agreement to which an owner of land to which Chapter 6 applies is a party, together with one or more of the Crown in right of the State of New South Wales, Penrith City Council or Blacktown City Council, and which makes provision for services, infrastructure or facilities to support the development of land to which Chapter 6 applies or for the transfer of land ownership.
drain means any channel, conduit or pipe used for removing water other than sewage, and includes stormwater detention basins.
dual occupancy development means development that results in two dwellings (whether attached or detached) on a single allotment of land (or which would have that result were it not for the fact that the allotment is to be subdivided as part of the development), however that development is described or provided for in an environmental planning instrument.
educational establishment has the same meaning as in the standard instrument for a local environmental plan prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.
environmental planning strategy means the St Marys Environmental Planning Strategy, 2000 of the Department, as amended by any amendments adopted by the Director from time to time.
essential community service means a service which, if adversely affected by flooding or other natural disaster, would result in significant inconvenience to the community or increased risk to life or property, including a police, hospital, fire fighting and telephone service.
exhibition home means a dwelling built for the purposes of public exhibition and marketing which is intended to be sold as a private dwelling after it has been used for those purposes and may include a sales office, and a place for providing home financing and a building or furnishing materials display, and the like.
exhibition village means a contiguous group of exhibition homes and other buildings or works used for the purpose of promoting house sales including sales offices, and places used for providing home financing, a materials display and the sale of take-away food and the like.
extractive industry means—
(a) winning extractive material, or
(b) an undertaking, not being a mine, which depends for its operation on the winning of extractive material from the land on which it is carried out and includes any washing, crushing, grinding, milling, sawing or separating into different sizes of that extractive material on that land.
extractive material means sand, gravel, turf, soil, rock, stone, sandstone or a similar substance.
fast food take-away restaurant means a building or place (including a take-away restaurant, drive-in take-away restaurant or the like) where food or drink is prepared or offered for sale, whether or not the food or drink is consumed in that building or place or elsewhere, but (in Part 6) does not include a building or place specifically defined elsewhere in this Schedule.
flood mitigation works means works and measures which are intended to reduce or eliminate the effects of flooding.
Flood Risk Management Manual means the Flood Risk Management Manual, ISBN 978-1-923076-17-4, published by the NSW Government in June 2023.
forestry includes arboriculture, silviculture and the harvesting of trees and shrubs for the purpose of—
(a) afforestation, forest protection, the cutting, dressing and preparing (otherwise than in a sawmill) of wood and forest products, or
(b) establishing roads necessary for the removal of wood and forest products and for forest protection.
general store means a shop which operates primarily to serve the surrounding residential area and does not exceed 100 square metres in gross floor area, and which may include the facilities of a post office, newsagency or dry cleaning agency.
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 outer face of the external enclosing walls as measured at a height of 1,400 millimetres above each floor level, but excluding—
(a) columns, fin walls, sun control devices, awnings and any other elements, projections or works outside the general lines of the outer face of the external walls, and
(b) lift towers, cooling towers, machinery and plant rooms, ancillary storage space and air-conditioning ducts, and
(c) car parking needed to meet any requirements of the relevant council and any internal space used solely for vehicular or pedestrian access to that parking, and
(d) space for the loading and unloading of goods, and
(e) internal public arcades and thoroughfares, terraces and balconies with outer walls less than 1,400 millimetres high.
guesthouse means a building or buildings used for paid accommodation for visitors, but only where—
(a) the building or buildings are of a domestic scale of architecture, and
(b) the building or buildings incorporate common facilities for the provision of meals, either to persons temporarily resident or to the public, and whether or not those facilities are licensed, and
(c) the use of the land does not interfere with the amenity of the neighbourhood due to the generation of vehicular traffic, the attraction of customers or the reduction of car parking in the vicinity of the land to which Chapter 6 applies.
hazardous industry means an industry which, 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 development 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 any establishment where goods, materials or products are stored which, 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 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 care professional means a person who provides professional health services to members of the public.
helipad means a place not open to the public used for the taking off and landing of helicopters.
heliport means a place open to the public used for the taking off and landing of helicopters, whether or not it includes—
(a) a terminal building, or
(b) facilities for the parking, storage and repair of helicopters.
home activity means a business carried out in a dwelling house or dwelling, or within the site area of a dwelling house or dwelling, by the permanent residents of the dwelling house or dwelling, and which does not involve—
(a) the employment of persons other than those residents, or
(b) customers or clients visiting the premises at any time, or
(c) the display of goods, whether in a window or otherwise, or
(d) the sale of goods by retail from the land to which Chapter 6 applies, or
(e) the exhibition of an advertisement (other than an advertisement exhibited on that dwelling house or dwelling to indicate the name or occupation of the residents), or
(f) the registration of the dwelling house or dwelling under the Shops and Industries Act 1962, or
(g) interference with the amenity of the neighbourhood by the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or the like, or
(h) interference with the amenity of the neighbourhood due to the generation of vehicular traffic, the reduction of parking in the vicinity of the land to which Chapter 6 applies, or the like, or
(i) exposure to view, from any adjacent premises or from any public place, of any unsightly matter.
home business means a business carried out, or partly carried out, in a dwelling house or dwelling, or within the site area of a dwelling house or dwelling, by the permanent residents of the dwelling house or dwelling, and which does not involve—
(a) the employment of more than two persons, at any one time, in addition to the permanent residents, or
(b) the exhibition of an advertisement (other than an advertisement exhibited on that dwelling house or dwelling to indicate the name or occupation of the residents), or
(c) 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, or the like, or
(d) interference with the amenity of the neighbourhood due to the generation of vehicular traffic, the reduction of car parking in the vicinity of the land to which Chapter 6 applies, visitation by customers or clients, or the like, or
(e) exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or
(f) the provision of any essential service main of a greater capacity than that available in the locality, or
(g) the use of premises for a brothel.
hospital means a building or place (other than an institution) used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, care for people with developmental disabilities, psychiatric care or counselling) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and may include—
(a) ancillary facilities for the accommodation of nurses or other health care workers, and
(b) ancillary shops or restaurants, and
(c) ancillary accommodation for persons receiving health care or for their visitors, and
(d) 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.
hotel means premises specified in a hotelier’s license granted under the Liquor Act 1982.
housing means development of a nature intended to create one or more dwellings, including dwelling houses, dual occupancies, multi-unit housing, housing for older people or people with disabilities, or any combination of them.
housing for older people or people with a disability has the same meaning as in State Environmental Planning Policy No 5—Housing For Older People or People with a Disability.
industry means—
(a) any manufacturing process within the meaning of the Shops and Industries Act 1962, or
(b) the breaking up or dismantling of any goods or any article for trade or sale or gain or as ancillary to any business,
but (in Part 6) does not include an extractive industry or other land use specifically defined elsewhere in this Schedule.
institution means a penal or reformative establishment.
intensive livestock keeping establishment means a building or place in which or on which cattle, sheep, goats, poultry or other livestock are held for the purpose of nurturing by a feeding method other than natural grazing and, without limiting the generality of the foregoing, includes—
(a) feed lots, and
(b) piggeries, and
(c) poultry farms, and
(d) places used for fish farming (including farming of crustaceans),
but does not include buildings or places used for the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of the land.
intensive urban development area means the area of land identified as “Intensive Urban Development Area” on the Zoning Map.
item of environmental heritage means a building, place, work or relic indicated as such an item on the Heritage Map.
junk yard means land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods or used for the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of parts of them.
light industry means an industry, not being an offensive or hazardous industry, in which the processes carried on, the transportation involved or the machinery or materials used do not, in the opinion of the consent authority, interfere with the amenity of the surrounding neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise.
liquid fuel depot means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid.
local retail or commercial premises means retail or commercial buildings of a scale and nature appropriate to service the needs of people living or working on the land to which Chapter 6 applies, and may include but is not limited to things such as supermarkets, newsagencies, butchers’, fruit and vegetable or hairdressers’ shops, real estate agents’ premises, and banks.
map means a map kept in the Parramatta office of the Department and a copy of which is held in the office of each consent authority.
medical centre means a building or place used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment and counselling) to out-patients only.
mine means the obtaining (by methods including excavating, quarrying, dredging, tunnelling or drilling) or removal of minerals, petroleum or natural gas and includes the storage and processing of the mineral obtained.
mineral has the same meaning as in the Mining Act 1992.
mineral sand mine means a mine used for or in connection with the purpose of obtaining ilmenite, monazite, rutile, zircon or similar minerals.
motel means a building (other than a backpackers’ hostel, bed and breakfast establishment, guesthouse, hotel or multi-unit housing) used principally for the overnight accommodation of travellers and the parking of their vehicles, whether or not the building incorporates a common facility for the provision of meals, either to persons temporarily resident or to the public, and whether or not those facilities are licensed.
motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are sold or displayed in or on it.
multi-unit housing means a building or buildings containing three or more dwellings and includes forms of residential buildings commonly known as apartments, boarding houses, cluster housing, integrated housing, residential flat buildings, serviced apartments, row houses, terrace houses, townhouses or villas and the like.
natural ground level is the ground surface level prior to any development, including any cutting, filling and grading, and, where the existing ground level differs from the natural ground level, the natural ground level is taken to be as determined by the relevant council after taking into account any information concerning its location.
nursing home means accommodation for older people that provides—
(a) meals and cleaning services, and
(b) personal care or nursing care, or both, and
(c) appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care,
but does not include a dwelling, hospital or psychiatric facility.
offensive industry means a development for the purposes of an industry which, when the development is 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 development from existing or likely future development on other land in the locality) would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact in the locality or on existing or likely future development on the other land in the locality.
offensive storage establishment means any establishment where goods, materials or products are stored which, 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 establishment from existing or likely future development on other land in the locality) would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact in the locality or on existing or likely future development on the other land in the locality.
parking area means a building or place, including ground level areas or deck parking structures, used for parking vehicles and includes any associated vehicle manoeuvring areas, whether the building or place is used for the purpose of gain or not.
place of assembly means a public hall, theatre, cinema, music hall, concert hall, dance hall, open-air theatre, music bowl or any other building of a like character used as such and whether used for the purpose of gain or not, but does not include a place of worship, an institution or an educational establishment.
place of worship means a building or place used predominantly for the purpose of religious worship, whether or not the building or place is also used for counselling, social events or religious training by a congregation or religious group.
PMF or probable maximum flood level is shown on the Structure Plan. It is indicative of the level of the maximum flood which is likely to occur.
precinct means an area of land shown by distinctive colouring on the Structure Plan, and identified on that plan as—
(a) the Western Precinct, or
(b) the Central Precinct, or
(c) the Eastern Precinct, or
(d) the Ropes Creek Precinct, or
(e) the Dunheved North Precinct, or
(f) the Dunheved South Precinct.
precinct plan means a plan prepared in accordance with Part 3 and adopted by either the relevant council or the Minister.
professional consulting rooms means a room or a number of rooms forming either the whole of or part of, attached to or within the curtilage of, a dwelling house and used by not more than three legally qualified medical practitioners or by not more that three dentists within the meaning of the Dentists Act 1989, or by not more than three health care professionals, who practise there the profession of medicine, dentistry or health care, respectively, and, if more than one, practise in partnership, and who employ not more than three employees in connection with that practice.
public 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.
recreation establishment means health farms, religious retreat houses, rest homes, youth camps and the like, but (in Part 6) does not include a building or place elsewhere specifically defined in this Schedule or a building or place used or intended for use for a land use elsewhere specifically defined in this Schedule.
recreation facility means a building or place used for sporting, recreational or leisure activities, an information or visitor centre or a shop selling take-away food or tourist related items, whether or not operated for the purpose of gain, and may consist of or include—
(a) a swimming pool, golf course, tennis court, bowling green or playing field, and
(b) a paint ball park or gun club, and
(c) a go-kart track, skating rink, skateboard and rollerblade ramp or mini-golf course, and
(d) a bowling alley, pinball and video parlour or pool hall.
regeneration activity means any action undertaken in relation to propagation of native vegetation, including the taking of earth and seed, its removal to the area being regenerated, the planting or transplanting of flora from one area to the area being regenerated and the carrying out of any associated works.
relevant council means the council of the area within which the land concerned is situated.
relic means any deposit, object or material evidence—
(a) that relates to the settlement of the land to which Chapter 6 applies (not being Aboriginal settlement), and
(b) that is 50 or more years old.
renovation, in relation to a building or work, means—
(a) the making of structural changes to the inside or outside of the building or work, or
(b) the making of non-structural changes to the fabric or appearance of the outside of the building or work.
restaurant means a building or place (such as a café, tearoom or the like) the purpose of which is to provide food and drink to people for consumption only in that building or place, but (in Part 6) does not include a building or place specifically defined elsewhere in this Schedule.
retail plant nursery means a building or place used for both the growing and retail selling of plants, whether or not ancillary products are sold there.
roadside stall means a place or temporary structure used for the selling by retail of agricultural produce produced on the allotment of land on which the place or temporary structure is located.
rural industry means a business activity involving—
(a) the handling, treating, processing or packing of primary products, or
(b) regular servicing or repairing of plant or equipment used for the purpose of agriculture, aquaculture or a business referred to in paragraph (a).
sawmill means a mill used for handling, cutting and processing timber from logs or baulks.
service station means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil or other petroleum products, whether or not the building or place is also used for one or more of the following—
(a) the hiring of trailers,
(b) the retail selling or the installing of spare parts and accessories for motor vehicles,
(c) the washing and greasing of motor vehicles,
(d) the repairing or servicing of motor vehicles,
(e) the retail selling or hiring of small consumer goods,
but does not include a building or place used for body building or the panel beating or spray painting of vehicles.
shop means a building or place used for the selling, exposing or offering for sale by retail, of goods, merchandise or materials, but (in Part 6) does not include a building or place elsewhere specifically defined in this Schedule, or a building or place used for a land use elsewhere specifically defined in this Schedule.
stock and sale yard means a building or place used for the purpose of offering livestock or poultry for sale.
the Act means the Environmental Planning and Assessment Act 1979.
the Council means the Council of the City of Blacktown, in relation to land within that City, or the Council of the City of Penrith, in relation to land within that City.
the Heritage Map means the map marked “Sydney Regional Environmental Plan No 30—St Marys—Non Aboriginal Items of Heritage”, as amended by the maps, or sheets of maps, marked as follows—
Editorial note.
The amending maps are not necessarily listed in the order of publication on the NSW legislation website. Information about the order of publication can be determined by referring to the Historical notes at the end of the plan.
Sydney Regional Environmental Plan No 30—St Marys—Non Aboriginal Items of Heritage (Amendment No 2)
Sydney Regional Environmental Plan No 30—St Marys—Non Aboriginal Items of Heritage (Amendment No 3)
the Structure Plan means the map marked “Sydney Regional Environmental Plan No 30—St Marys—Structure Plan”, as amended by the maps, or 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.
Sydney Regional Environmental Plan No 30—St Marys—Structure Plan (Amendment No 1)
Sydney Regional Environmental Plan No 30—St Marys—Structure Plan (Amendment No 2)
Sydney Regional Environmental Plan No 30—St Marys—Structure Plan (Amendment No 3)
the Zoning Map means the map marked “Sydney Regional Environmental Plan No 30—St Marys—Zoning”, as amended by the maps, or 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.
Sydney Regional Environmental Plan No 30—St Marys—Zoning (Amendment No 1)
Sydney Regional Environmental Plan No 30—St Marys—Zoning (Amendment No 2)
Sydney Regional Environmental Plan No 30—St Marys—Zoning (Amendment No 3)
timberyard means a building or place, not being a sawmill, where timber is stored, displayed or offered for sale.
tree has the same meaning—
(a) in the case of land within the Penrith City local government area, as it does in Penrith Local Environmental Plan 1998 (Urban Land), and
(b) in the case of land within the Blacktown City local government area, as it does in Blacktown Local Environmental Plan 1988.
utility installation means a building or work used for a utility undertaking.
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 purposes of—
(a) railway, road, water or air transport, or wharf or river undertakings, or
(b) the provision of sewerage, sewage treatment or drainage services, or
(c) the supply of water, hydraulic power, electricity or gas, or
(d) telecommunications facilities, or
(e) water quality control facilities.
warehouse means a building or place used for the storage of goods, merchandise or materials pending their sale and distribution to persons engaged in the retail trade, but does not include a building or place used for retailing.
waste disposal means landfill which involves the filling of land with—
(a) sludge,
(b) putrescible waste, or
(c) waste that includes any substance classified in the Australian Dangerous Goods Code or medical, cytotoxic or quarantine waste.
Appendix 7: Am 2022 (351), sec 5(1) (2); 2022 (461), Sch 2.2[3]–[8]; 2022 (835), Sch 4[24]; 2023 (120), Sch 2[4]–[7]; 2023 (524), Sch 1.2[1]; 2023 (554), Sch 2.36[3] [4]; 2024 (92), Sch 1[2]–[7]; 2026 (286), Sch 1.8[21] [22].
sch 7: Am 2023 (554), Sch 2.36[7]; 2023 (609), Sch 2.21[23].