New South Wales Lithgow Local Environmental Plan 2014 under the Environmental Planning and Assessment Act 1979 I, the Minister for Planning, pursuant to section 33A of the Environmental Planning and Assessment Act 1979, adopt the mandatory provisions of the Standard Instrument (Local Environmental Plans) Order 2006 and prescribe matters required or permitted by that Order so as to make a local environmental plan as follows. CAROLYN McNALLY As delegate for the Minister for Planning Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Contents Contents Page Part 1 Preliminary 1.1 1.1AA 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.8A 1.9 1.9A Name of Plan Commencement Aims of Plan Land to which Plan applies Definitions Notes Consent authority Maps Repeal of planning instruments applying to land Savings provision relating to development applications Application of SEPPs Suspension of covenants, agreements and instruments 4 4 4 5 5 5 5 5 6 6 6 6 Part 2 Permitted or prohibited development 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 Land use zones Zoning of land to which Plan applies Zone objectives and Land Use Table Unzoned land Additional permitted uses for particular land Subdivision--consent requirements Demolition requires development consent Temporary use of land 8 8 8 9 9 9 10 10 10 Land Use Table Part 3 Exempt and complying development 3.1 3.2 3.3 Exempt development Complying development Environmentally sensitive areas excluded 24 24 25 Part 4 Principal development standards 4.1 4.1AA 4.1A 4.2 4.2A 4.2B 4.2C 4.3 4.4 4.5 4.6 Minimum subdivision lot size Minimum subdivision lot size for community title schemes Minimum lot sizes for dual occupancies, multi dwelling housing and residential flat buildings Rural subdivision Erection of dwelling houses, dual occupancies and secondary dwellings on land in certain rural and environment protection zones Erection of dwelling houses, dual occupancies and secondary dwellings in Zone RU5 and Zone R5 Minimum subdivision lot size for strata plan schemes in certain rural and environment protection zones Height of buildings Floor space ratio Calculation of floor space ratio and site area Exceptions to development standards 26 26 26 27 28 30 30 30 31 31 31 Page 2 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Contents Page Part 5 Miscellaneous provisions 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.9AA 5.10 5.11 5.12 5.13 Relevant acquisition authority Classification and reclassification of public land Development near zone boundaries [optional] Controls relating to miscellaneous permissible uses Development within the coastal zone Architectural roof features Development below mean high water mark Conversion of fire alarms Preservation of trees or vegetation Trees or vegetation not prescribed by development control plan Heritage conservation Bush fire hazard reduction Infrastructure development and use of existing buildings of the Crown Eco-tourist facilities 33 33 34 35 35 36 36 36 36 37 38 40 40 40 Part 6 Urban release areas 6.1 6.2 6.3 6.4 Arrangements for designated State public infrastructure Public utility infrastructure Development control plan Relationship between Part and remainder of Plan 42 42 42 43 Part 7 Additional local provisions 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 Earthworks Flood planning Stormwater management Terrestrial biodiversity Groundwater vulnerability Riparian land and watercourses Sensitive lands Development within a designated buffer area Active street frontages Essential services Existing dwellings on unsubdivided land Development in Pottery Estate Location of sex services premises 44 44 45 45 46 47 47 48 48 49 49 49 50 51 52 53 54 58 78 Schedule 1 Schedule 2 Schedule 3 Schedule 4 Schedule 5 Dictionary Additional permitted uses Exempt development Complying development Classification and reclassification of public land Environmental heritage Page 3 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 1 Preliminary Lithgow Local Environmental Plan 2014 under the Environmental Planning and Assessment Act 1979 Part 1 Preliminary 1.1 Name of Plan This Plan is Lithgow Local Environmental Plan 2014. 1.1AA Commencement This Plan commences on the day on which it is published on the NSW legislation website. 1.2 Aims of Plan (1) This Plan aims to make local environmental planning provisions for land in Lithgow in accordance with the relevant standard environmental planning instrument under section 33A of the Act. The particular aims of this Plan are as follows: (a) to encourage sustainable and planned development that complements the unique character and amenity of Lithgow and enhances its towns, villages and rural areas, (b) to provide for a range of development opportunities that contribute to the social, economic and environmental resources of Lithgow in a way that allows the needs of present and future generations to be met by implementing the principles of ecologically sustainable development, (c) to manage, facilitate and encourage sustainable growth and development that: (i) promotes the efficient and effective delivery of utilities, infrastructure and service and minimises long-term costs to government, authorities and the community, and (ii) protects, enhances and conserves mineral and extractive resources lands, forests and agricultural lands and the contributions they make to the local, regional and State economy, and (iii) allows for the orderly growth of land uses while minimising conflict between land uses in a zone and land uses in adjoining zones, and (iv) encourages a range of housing choices in planned urban and rural locations to meet population growth and the diverse needs of the community, and (v) preserves and protects land that has been identified for future long term urban development from inappropriate fragmentation and development, and (2) Page 4 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 1 Preliminary (vi) (vii) (viii) (ix) (x) 1.3 protects and enhances environmentally sensitive areas, ecological systems, areas of high scenic, recreational, landscape or conservation value and areas that have the potential to contribute to improved environmental outcomes, and protects and enhances places and items of environmental, archaeological, cultural or heritage significance, including Aboriginal relics and places, and avoids or minimises the impact of development on drinking and environmental water catchments to protect and enhance water availability and safety for human consumption and the maintenance of environmental and recreational values, and strengthens and promotes employment land opportunities and appropriate tourism development and growth, and creates resilience to natural hazards through local land use planning. Land to which Plan applies (1) (1A) 1.4 This Plan applies to the land identified on the Land Application Map. Despite subclause (1), this Plan does not apply to the land identified as "Deferred matter" on the Land Application Map. The Dictionary at the end of this Plan defines words and expressions for the purposes of this Plan. Definitions 1.5 Notes Notes in this Plan are provided for guidance and do not form part of this Plan. 1.6 Consent authority The consent authority for the purposes of this Plan is (subject to the Act) the Council. 1.7 Maps (1) A reference in this Plan to a named map adopted by this Plan is a reference to a map by that name: (a) approved by the Minister when the map is adopted, and (b) as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made. Any 2 or more named maps may be combined into a single map. In that case, a reference in this Plan to any such named map is a reference to the relevant part or aspect of the single map. Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister. For the purposes of this Plan, a map may be in, and may be kept and made available in, electronic or paper form, or both. Note. The maps adopted by this Plan are to be made available on the official NSW legislation website in connection with this Plan. Requirements relating to the maps are set out in the documents entitled Standard technical requirements for LEP maps and Standard requirements for LEP GIS data which are available on the website of the Department of Planning and Environment. (2) (3) (4) Page 5 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 1 Preliminary 1.8 Repeal of planning instruments applying to land (1) All local environmental plans and deemed environmental planning instruments applying only to the land to which this Plan applies are repealed. Note. The following local environmental plans are repealed under this provision: Lithgow City Local Environmental Plan 1994 Rylstone Local Environmental Plan 1996 (2) All local environmental plans and deemed environmental planning instruments applying to the land to which this Plan applies and to other land cease to apply to the land to which this Plan applies. Note. While Lithgow City Local Environmental Plan 1994 no longer applies to the land to which this Plan applies, it continues to apply to the land identified as "Deferred matter" under clause 1.3 (1A). 1.8A Savings provision relating to development applications If a development application has been made before the commencement of this Plan in relation to land to which this Plan applies and the application has not been finally determined before that commencement, the application must be determined as if this Plan had not commenced. Note. However, under Division 4B of Part 3 of the Act, a development application may be made for consent to carry out development that may only be carried out if the environmental planning instrument applying to the relevant development is appropriately amended or if a new instrument, including an appropriate principal environmental planning instrument, is made, and the consent authority may consider the application. The Division requires public notice of the development application and the draft environmental planning instrument allowing the development at the same time, or as closely together as is practicable. 1.9 Application of SEPPs (1) (2) This Plan is subject to the provisions of any State environmental planning policy that prevails over this Plan as provided by section 36 of the Act. The following State environmental planning policies (or provisions) do not apply to the land to which this Plan applies: State Environmental Planning Policy No 1--Development Standards For the purpose of enabling development on land in any zone to be carried out in accordance with this Plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose. This clause does not apply: (a) to a covenant imposed by the Council or that the Council requires to be imposed, or (b) to any prescribed instrument within the meaning of section 183A of the Crown Lands Act 1989, or (c) to any conservation agreement within the meaning of the National Parks and Wildlife Act 1974, or (d) to any Trust agreement within the meaning of the Nature Conservation Trust Act 2001, or (e) to any property vegetation plan within the meaning of the Native Vegetation Act 2003, or 1.9A Suspension of covenants, agreements and instruments (1) (2) Page 6 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 1 Preliminary (f) (g) (3) (4) to any biobanking agreement within the meaning of Part 7A of the Threatened Species Conservation Act 1995, or to any planning agreement within the meaning of Division 6 of Part 4 of the Act. This clause does not affect the rights or interests of any public authority under any registered instrument. Under section 28 of the Act, the Governor, before the making of this clause, approved of subclauses (1)­(3). Page 7 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 2 Permitted or prohibited development Part 2 2.1 Permitted or prohibited development The land use zones under this Plan are as follows: Rural Zones Land use zones RU1 Primary Production RU2 Rural Landscape RU3 Forestry RU5 Village Residential Zones R1 General Residential R2 Low Density Residential R5 Large Lot Residential Business Zones B1 Neighbourhood Centre B2 Local Centre B4 Mixed Use B6 Enterprise Corridor B7 Business Park Industrial Zones IN1 General Industrial IN2 Light Industrial IN3 Heavy Industrial Special Purpose Zones SP2 Infrastructure Recreation Zones RE1 Public Recreation RE2 Private Recreation Environment Protection Zones E1 National Parks and Nature Reserves E3 Environmental Management E4 Environmental Living 2.2 Zoning of land to which Plan applies For the purposes of this Plan, land is within the zones shown on the Land Zoning Map. 2.3 Zone objectives and Land Use Table (1) The Land Use Table at the end of this Part specifies for each zone: (a) the objectives for development, and (b) development that may be carried out without development consent, and (c) development that may be carried out only with development consent, and (d) development that is prohibited. Page 8 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 2 Permitted or prohibited development (2) (3) The consent authority must have regard to the objectives for development in a zone when determining a development application in respect of land within the zone. In the Land Use Table at the end of this Part: (a) a reference to a type of building or other thing is a reference to development for the purposes of that type of building or other thing, and (b) a reference to a type of building or other thing does not include (despite any definition in this Plan) a reference to a type of building or other thing referred to separately in the Land Use Table in relation to the same zone. This clause is subject to the other provisions of this Plan. Notes. 1 Schedule 1 sets out additional permitted uses for particular land. 2 Schedule 2 sets out exempt development (which is generally exempt from both Parts 4 and 5 of the Act). Development in the land use table that may be carried out without consent is nevertheless subject to the environmental assessment and approval requirements of Part 5 of the Act or, if applicable, Part 3A of the Act. 3 Schedule 3 sets out complying development (for which a complying development certificate may be issued as an alternative to obtaining development consent). 4 Clause 2.6 requires consent for subdivision of land. 5 Part 5 contains other provisions which require consent for particular development. (4) 2.4 Unzoned land (1) (2) Development may be carried out on unzoned land only with development consent. In deciding whether to grant development consent, the consent authority: (a) must consider whether the development will impact on adjoining zoned land and, if so, consider the objectives for development in the zones of the adjoining land, and (b) must be satisfied that the development is appropriate and is compatible with permissible land uses in any such adjoining land. Development on particular land that is described or referred to in Schedule 1 may be carried out: (a) with development consent, or (b) if the Schedule so provides--without development consent, in accordance with the conditions (if any) specified in that Schedule in relation to that development. This clause has effect despite anything to the contrary in the Land Use Table or other provision of this Plan. Land to which this Plan applies may be subdivided, but only with development consent. Notes. 1 If a subdivision is specified as exempt development in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Act enables it to be carried out without development consent. 2 Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the strata subdivision of a building in certain circumstances is complying development. 2.5 Additional permitted uses for particular land (1) (2) 2.6 Subdivision--consent requirements (1) Page 9 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 2 Land Use Table (2) Development consent must not be granted for the subdivision of land on which a secondary dwelling is situated if the subdivision would result in the principal dwelling and the secondary dwelling being situated on separate lots, unless the resulting lots are not less than the minimum size shown on the Lot Size Map in relation to that land. Note. The definition of secondary dwelling in the Dictionary requires the dwelling to be on the same lot of land as the principal dwelling. 2.7 Demolition requires development consent The demolition of a building or work may be carried out only with development consent. Note. If the demolition of a building or work is identified in an applicable environmental planning instrument, such as this Plan or State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as exempt development, the Act enables it to be carried out without development consent. 2.8 Temporary use of land (1) The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land. Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary use for a maximum period of 52 days (whether or not consecutive days) in any period of 12 months. Development consent must not be granted unless the consent authority is satisfied that: (a) the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other applicable environmental planning instrument, and (b) the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and (c) the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and (d) at the end of the temporary use period the land will, as far as is practicable, be restored to the condition in which it was before the commencement of the use. Despite subclause (2), the temporary use of a dwelling as a sales office for a new release area or a new housing estate may exceed the maximum number of days specified in that subclause. Subclause (3) (d) does not apply to the temporary use of a dwelling as a sales office mentioned in subclause (4). (2) (3) (4) (5) Land Use Table Note. A type of development referred to in the Land Use Table is a reference to that type of development only to the extent it is not regulated by an applicable State environmental planning policy. The following State environmental planning policies in particular may be relevant to development on land to which this Plan applies: State Environmental Planning Policy (Affordable Rental Housing) 2009 (including provision for secondary dwellings) State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 State Environmental Planning Policy (Infrastructure) 2007--relating to infrastructure facilities such as those that comprise, or are for, air transport, correction, education, electricity generating works and solar energy systems, health services, ports, railways, roads, waste management and water supply systems Page 10 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 2 Land Use Table State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 State Environmental Planning Policy (Rural Lands) 2008 State Environmental Planning Policy No 33--Hazardous and Offensive Development State Environmental Planning Policy No 50--Canal Estate Development State Environmental Planning Policy No 62--Sustainable Aquaculture State Environmental Planning Policy No 64--Advertising and Signage Zone RU1 Primary Production 1 Objectives of zone · · · · · · · 2 To encourage sustainable primary industry production by maintaining and enhancing the natural resource base. To encourage diversity in primary industry enterprises and systems appropriate for the area. To minimise the fragmentation and alienation of resource lands. To minimise conflict between land uses within this zone and land uses within adjoining zones. To minimise the environmental and visual impact of development on the rural landscape. To provide for recreational and tourist development and activities of an appropriate type and scale that do not detract from the economic resource, environmental or conservation value of the land. To maintain or improve the water quality of receiving water catchments. Permitted without consent Extensive agriculture; Home occupations; Roads 3 Permitted with consent Air transport facilities; Airstrips; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat building and repair facilities; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Cellar door premises; Cemeteries; Charter and tourism boating facilities; Community facilities; Crematoria; Dual occupancies; Dwelling houses; Eco-tourist facilities; Educational establishments; Environmental facilities; Environmental protection works; Extractive industries; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Home-based child care; Home businesses; Home industries; Industrial training facilities; Information and education facilities; Intensive livestock agriculture; Intensive plant agriculture; Jetties; Landscaping material supplies; Markets; Open cut mining; Plant nurseries; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Roadside stalls; Rural industries; Rural supplies; Secondary dwellings; Service stations; Transport depots; Truck depots; Veterinary hospitals; Water recreation structures; Water supply systems 4 Prohibited Any development not specified in item 2 or 3 Page 11 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 2 Land Use Table Zone RU2 Rural Landscape 1 Objectives of zone · · · · · · 2 To encourage sustainable primary industry production by maintaining and enhancing the natural resource base. To maintain the rural landscape character of the land. To provide for a range of compatible land uses, including extensive agriculture. To ensure that the type and intensity of development is appropriate in relation to the rural capability and suitability of the land, the preservation of the agricultural, mineral and extractive production of the land, the rural environment (including scenic resources) and the costs of providing services and amenities. To facilitate tourism and recreational uses that are compatible with the capability and suitability of the land. To maintain or improve the water quality of receiving water catchments. Permitted without consent Extensive agriculture; Home occupations; Roads 3 Permitted with consent Agricultural produce industries; Animal boarding or training establishments; Aquaculture; Bed and breakfast accommodation; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Cemeteries; Community facilities; Dual occupancies; Dwelling houses; Eco-tourist facilities; Environmental facilities; Environmental protection works; Farm buildings; Farm stay accommodation; Flood mitigation works; Forestry; Helipads; Home-based child care; Home businesses; Home industries; Information and education facilities; Jetties; Markets; Plant nurseries; Recreation areas; Roadside stalls; Secondary dwellings; Water recreation structures; Water supply systems 4 Prohibited Any development not specified in item 2 or 3 Zone RU3 Forestry 1 Objectives of zone · · 2 To enable development for forestry purposes. To enable other development that is compatible with forestry land uses. Permitted without consent Roads; Uses authorised under the Forestry Act 2012 3 Permitted with consent Extractive industries; Open cut mining 4 Prohibited Any development not specified in item 2 or 3 Page 12 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 2 Land Use Table Zone RU5 Village 1 Objectives of zone · · · · · 2 To provide for a range of land uses, services and facilities that are associated with a rural village. To maintain and enhance the unique character of each of the rural villages. To encourage and promote opportunities for population and local employment growth commensurate with available services and infrastructure capacity. To minimise the impact of non-residential uses and ensure those uses are compatible with surrounding residential development. To maintain or improve the water quality of receiving water catchments. Permitted without consent Home occupations; Roads 3 Permitted with consent Agricultural produce industries; Amusement centres; Bed and breakfast accommodation; Boat building and repair facilities; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Business premises; Camping grounds; Car parks; Caravan parks; Cemeteries; Child care centres; Community facilities; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Food and drink premises; Function centres; Highway service centres; Home-based child care; Home businesses; Home industries; Hotel or motel accommodation; Information and education facilities; Jetties; Kiosks; Markets; Neighbourhood shops; Office premises; Places of public worship; Plant nurseries; Public administration buildings; Recreation areas; Recreation facilities (indoor); Recreation facilities (outdoor); Registered clubs; Respite day care centres; Roadside stalls; Rural supplies; Schools; Secondary dwellings; Service stations; Serviced apartments; Sewage treatment plants; Shops; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Water recreation structures; Water recycling facilities; Water supply systems; Wholesale supplies 4 Prohibited Any development not specified in item 2 or 3 Zone R1 1 General Residential · · · · To provide for the housing needs of the community. To provide for a variety of housing types and densities. To enable other land uses that provide facilities or services to meet the day to day needs of residents. To maintain or improve the water quality of receiving water catchments. Objectives of zone 2 Permitted without consent Home occupations; Roads Page 13 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 2 Land Use Table 3 Permitted with consent Attached dwellings; Backpackers' accommodation; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Caravan parks; Child care centres; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Home-based child care; Home businesses; Hostels; Hotel or motel accommodation; Kiosks; Multi dwelling housing; Neighbourhood shops; Places of public worship; Recreation areas; Residential flat buildings; Respite day care centres; Semi-detached dwellings; Seniors housing; Serviced apartments; Shop top housing; Water recycling facilities; Water supply systems 4 Prohibited Any development not specified in item 2 or 3 Zone R2 1 Low Density Residential · · · To provide for the housing needs of the community within a low density residential environment. To enable other land uses that provide facilities or services to meet the day to day needs of residents. To maintain or improve the water quality of receiving water catchments. Objectives of zone 2 Permitted without consent Home occupations; Roads 3 Permitted with consent Attached dwellings; Bed and breakfast accommodation; Boarding houses; Building identification signs; Business identification signs; Caravan parks; Child care centres; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental protection works; Exhibition homes; Exhibition villages; Flood mitigation works; Group homes; Health services facilities; Home-based child care; Home businesses; Kiosks; Multi dwelling housing; Neighbourhood shops; Recreation areas; Respite day care centres; Seniors housing; Shop top housing; Water recycling facilities; Water supply systems 4 Prohibited Any development not specified in item 2 or 3 Zone R5 1 Large Lot Residential · · · · To provide residential housing in a rural setting while preserving, and minimising impacts on, environmentally sensitive locations and scenic quality. To ensure that large residential lots do not hinder the proper and orderly development of urban areas in the future. To ensure that development in the area does not unreasonably increase the demand for public services or public facilities. To minimise conflict between land uses within this zone and land uses within adjoining zones. Objectives of zone Page 14 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 2 Land Use Table · · 2 To limit development to areas in reasonable proximity to the settled town centres of Lithgow, Wallerawang and Portland to strengthen settlement hierarchy. To maintain or improve the water quality of receiving water catchments. Permitted without consent Home occupations; Roads 3 Permitted with consent Bed and breakfast accommodation; Building identification signs; Business identification signs; Caravan parks; Child care centres; Community facilities; Dual occupancies; Dwelling houses; Emergency services facilities; Environmental facilities; Environmental protection works; Extensive agriculture; Flood mitigation works; Home-based child care; Home businesses; Home industries; Intensive plant agriculture; Kiosks; Markets; Places of public worship; Recreation areas; Respite day care centres; Sewage treatment plants; Water recycling facilities; Water supply systems 4 Prohibited Any development not specified in item 2 or 3 Zone B1 1 Neighbourhood Centre · · · To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood. To ensure development within the area is of a scale consistent with the needs of the local community and will not detract from the role of the Lithgow core business areas as the primary centre. To maintain or improve the water quality of receiving water catchments. Objectives of zone 2 Permitted without consent Roads 3 Permitted with consent Boarding houses; Business premises; Child care centres; Community facilities; Environmental protection works; Flood mitigation works; Hotel or motel accommodation; Medical centres; Neighbourhood shops; Office premises; Places of public worship; Public administration buildings; Recreation facilities (indoor); Respite day care centres; Restaurants or cafes; Shop top housing; Signage; Take away food and drink premises; Water recycling facilities; Water reticulation systems 4 Prohibited Any development not specified in item 2 or 3 Zone B2 1 Local Centre · · · To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area. To encourage employment opportunities in accessible locations. To maximise public transport patronage and encourage walking and cycling. Published LW 19 December 2014 (2014 No 824) Objectives of zone Page 15 Lithgow Local Environmental Plan 2014 [NSW] Part 2 Land Use Table · · 2 To maintain the built integrity of the area by enabling development that is sympathetic to the heritage character and significance of the area and surrounding streetscapes and features. To maintain or improve the water quality of receiving water catchments. Permitted without consent Roads 3 Permitted with consent Boarding houses; Child care centres; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Information and education facilities; Medical centres; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Residential flat buildings; Respite day care centres; Restricted premises; Service stations; Shop top housing; Tourist and visitor accommodation; Water recycling facilities; Water reticulation systems; Any other development not specified in item 2 or 4 4 Prohibited Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Correctional centres; Crematoria; Depots; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Forestry; Freight transport facilities; Heavy industrial storage establishments; Helipads; Highway service centres; Industrial retail outlets; Industrial training facilities; Industries; Jetties; Marinas; Mooring pens; Moorings; Mortuaries; Open cut mining; Places of public worship; Recreation areas; Recreation facilities (major); Recreation facilities (outdoor); Research stations; Residential accommodation; Resource recovery facilities; Rural industries; Sewage treatment plants; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Veterinary hospitals; Warehouse or distribution centres; Waste disposal facilities; Water recreation structures; Water storage facilities; Water treatment facilities; Wharf or boating facilities; Wholesale supplies Zone B4 1 Mixed Use · · · · · To provide a mixture of compatible land uses. To integrate suitable business, office, residential, retail and other development in accessible locations so as to maximise public transport patronage and encourage walking and cycling. To promote development that does not detract from the role of the town centre core commercial precincts. To promote the retention and reuse of heritage items as well as the retention of established buildings that contribute positively to the heritage and cultural values of lands at Portland. To maintain or improve the water quality of receiving water catchments. Objectives of zone 2 Permitted without consent Roads Page 16 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 2 Land Use Table 3 Permitted with consent Boarding houses; Child care centres; Commercial premises; Community facilities; Educational establishments; Entertainment facilities; Function centres; Hotel or motel accommodation; Information and education facilities; Medical centres; Passenger transport facilities; Recreation facilities (indoor); Registered clubs; Respite day care centres; Restricted premises; Seniors housing; Shop top housing; Water recycling facilities; Water reticulation systems; Any other development not specified in item 2 or 4 4 Prohibited Advertising structures; Agriculture; Air transport facilities; Airstrips; Animal boarding or training establishments; Biosolids treatment facilities; Boat building and repair facilities; Boat launching ramps; Boat sheds; Camping grounds; Caravan parks; Cemeteries; Charter and tourism boating facilities; Crematoria; Depots; Dual occupancies; Dwelling houses; Eco-tourist facilities; Electricity generating works; Environmental facilities; Exhibition homes; Exhibition villages; Extractive industries; Farm buildings; Farm stay accommodation; Forestry; Freight transport facilities; General industries; Heavy industrial storage establishments; Heavy industries; Helipads; Highway service centres; Hostels; Industrial retail outlets; Industrial training facilities; Jetties; Marinas; Mooring pens; Moorings; Multi dwelling housing; Open cut mining; Recreation facilities (major); Recreation facilities (outdoor); Resource recovery facilities; Rural industries; Rural workers' dwellings; Secondary dwellings; Sewage treatment plants; Storage premises; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Waste disposal facilities; Water recreation structures; Water storage facilities; Water treatment facilities; Wharf or boating facilities Zone B6 1 Enterprise Corridor · · · · To promote businesses along main roads and to encourage a mix of compatible uses. To provide a range of employment uses (including business, office, retail and light industrial uses). To maintain the economic strength of centres by limiting retailing activity. To maintain or improve the water quality of receiving water catchments. Objectives of zone 2 Permitted without consent Roads 3 Permitted with consent Building identification signs; Bulky goods premises; Business identification signs; Business premises; Car parks; Community facilities; Environmental protection works; Flood mitigation works; Garden centres; Hardware and building supplies; Highway service centres; Hotel or motel accommodation; Industrial retail outlets; Information and education facilities; Landscaping material supplies; Light industries; Neighbourhood shops; Office premises; Passenger transport facilities; Plant nurseries; Recreation facilities (indoor); Research stations; Restaurants or cafes; Service stations; Sewerage treatment plants; Take away food and drink premises; Vehicle sales or hire premises; Warehouse or distribution centres; Waste or resource transfer stations; Water recycling facilities; Water reticulation systems; Water treatment facilities; Wholesale supplies Page 17 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 2 Land Use Table 4 Prohibited Any development not specified in item 2 or 3 Zone B7 1 Business Park · · · · · · To provide a range of office and light industrial uses. To encourage employment opportunities. To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area. To promote the retention and re-use of heritage items as well as the retention of established buildings that contribute positively to heritage and cultural values. To enable development that is compatible with the surrounding residential land use and that does not detract from the role of the Lithgow core business areas. To maintain or improve the water quality of receiving water catchments. Objectives of zone 2 Permitted without consent Roads 3 Permitted with consent Backpackers' accommodation; Car parks; Child care centres; Community facilities; Environmental protection works; Flood mitigation works; Function centres; Hotel or motel accommodation; Information and education facilities; Light industries; Neighbourhood shops; Office premises; Passenger transport facilities; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Research stations; Respite day care centres; Restaurants or cafes; Serviced apartments; Signage; Take away food and drink premises; Warehouse or distribution centres; Water recycling facilities; Water reticulation systems; Wholesale supplies 4 Prohibited Any development not specified in item 2 or 3 Zone IN1 General Industrial 1 Objectives of zone · · · · · 2 To provide a wide range of industrial and warehouse land uses. To encourage employment opportunities. To minimise any adverse effect of industry on other land uses. To support and protect industrial land for industrial uses. To maintain or improve the water quality of receiving water catchments. Permitted without consent Roads 3 Permitted with consent Biosolids treatment facilities; Boat building and repair facilities; Car parks; Community facilities; Crematoria; Depots; Environmental protection works; Flood Page 18 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 2 Land Use Table mitigation works; Freight transport facilities; General industries; Hardware and building supplies; Helipads; Highway service centres; Industrial retail outlets; Industrial training facilities; Landscaping material supplies; Light industries; Mortuaries; Neighbourhood shops; Passenger transport facilities; Recreation areas; Research stations; Rural supplies; Rural industries; Service stations; Sex services premises; Signage; Storage premises; Take away food and drink premises; Timber yards; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Water supply systems; Wholesale supplies 4 Prohibited Any development not specified in item 2 or 3 Zone IN2 Light Industrial 1 Objectives of zone · · · · · · 2 To provide a wide range of light industrial, warehouse and related land uses. To encourage employment opportunities and to support the viability of centres. To minimise any adverse effect of industry on other land uses. To enable other land uses that provide facilities or services to meet the day to day needs of workers in the area. To support and protect industrial land for industrial uses. To maintain or improve the water quality of receiving water catchments. Permitted without consent Roads 3 Permitted with consent Boat building and repair facilities; Car parks; Community facilities; Depots; Environmental protection works; Flood mitigation works; Freight transport facilities; Funeral homes; Garden centres; Hardware and building supplies; Industrial retail outlets; Industrial training facilities; Landscaping material supplies; Light industries; Mortuaries; Neighbourhood shops; Passenger transport facilities; Plant nurseries; Recreation areas; Recreation facilities (indoor); Research stations; Rural supplies; Service stations; Sex services premises; Signage; Storage premises; Take away food and drink premises; Timber yards; Transport depots; Truck depots; Vehicle body repair workshops; Vehicle repair stations; Vehicle sales or hire premises; Veterinary hospitals; Warehouse or distribution centres; Water recycling facilities; Water reticulation systems; Wholesale supplies 4 Prohibited Any development not specified in item 2 or 3 Zone IN3 Heavy Industrial 1 Objectives of zone · · · To provide suitable areas for those industries that need to be separated from other land uses. To encourage employment opportunities. To minimise any adverse effect of heavy industry on other land uses. Page 19 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 2 Land Use Table · · 2 To support and protect industrial land for industrial uses. To maintain or improve the water quality of receiving water catchments. Permitted without consent Roads 3 Permitted with consent Car parks; Depots; Environmental protection works; Flood mitigation works; Freight transport facilities; General industries; Hardware and building supplies; Hazardous storage establishments; Heavy industrial storage establishments; Heavy industries; Helipads; Industrial training facilities; Kiosks; Landscaping material supplies; Offensive storage establishments; Research stations; Rural supplies; Signage; Take away food and drink premises; Transport depots; Truck depots; Warehouse or distribution centres; Water reticulation systems; Water storage facilities 4 Prohibited Any development not specified in item 2 or 3 Zone SP2 Infrastructure 1 Objectives of zone · · · 2 To provide for infrastructure and related uses. To prevent development that is not compatible with or that may detract from the provision of infrastructure. To maintain or improve the water quality of receiving water catchments. Permitted without consent Nil 3 Permitted with consent Recreation areas; Roads; The purpose shown on the Land Zoning Map, including any development that is ordinarily incidental or ancillary to development for that purpose 4 Prohibited Any development not specified in item 2 or 3 Zone RE1 Public Recreation 1 Objectives of zone · · · · 2 To enable land to be used for public open space or recreational purposes. To provide a range of recreational settings and activities and compatible land uses. To protect and enhance the natural environment for recreational purposes. To maintain or improve the water quality of receiving water catchments. Permitted without consent Roads 3 Permitted with consent Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Car parks; Caravan parks; Charter and Page 20 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 2 Land Use Table tourism boating facilities; Community facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Information and education facilities; Jetties; Kiosks; Markets; Mooring pens; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Restaurants or cafes; Water recreation structures; Water recycling facilities; Water supply systems 4 Prohibited Any development not specified in item 2 or 3 Zone RE2 Private Recreation 1 Objectives of zone · · · · 2 To enable land to be used for private open space or recreational purposes. To provide a range of recreational settings and activities and compatible land uses. To protect and enhance the natural environment for recreational purposes. To maintain or improve the water quality of receiving water catchments. Permitted without consent Roads 3 Permitted with consent Backpackers' accommodation; Boat launching ramps; Boat sheds; Building identification signs; Business identification signs; Camping grounds; Car parks; Caravan parks; Charter and tourism boating facilities; Community facilities; Eco-tourist facilities; Entertainment facilities; Environmental facilities; Environmental protection works; Flood mitigation works; Function centres; Hotel or motel accommodation; Information and education facilities; Jetties; Kiosks; Markets; Mooring pens; Recreation areas; Recreation facilities (indoor); Recreation facilities (major); Recreation facilities (outdoor); Registered clubs; Restaurants or cafes; Seniors housing; Serviced apartments; Water recreation structures; Water recycling facilities; Water supply systems 4 Prohibited Any development not specified in item 2 or 3 Zone E1 1 National Parks and Nature Reserves · · · To enable the management and appropriate use of land that is reserved under the National Parks and Wildlife Act 1974 or that is acquired under Part 11 of that Act. To enable uses authorised under the National Parks and Wildlife Act 1974. To identify land that is to be reserved under the National Parks and Wildlife Act 1974 and to protect the environmental significance of that land. Objectives of zone 2 Permitted without consent Uses authorised under the National Parks and Wildlife Act 1974 3 Permitted with consent Nil Page 21 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 2 Land Use Table 4 Prohibited Any development not specified in item 2 or 3 Zone E3 1 Environmental Management · · · · · To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values. To provide for a limited range of development that does not have an adverse effect on those values. To facilitate the management of environmentally sensitive lands and riparian areas. To protect and conserve the vegetation and escarpment landscape surrounding Lithgow. To maintain or improve the water quality of receiving water catchments. Objectives of zone 2 Permitted without consent Extensive agriculture; Home occupations 3 Permitted with consent Building identification signs; Business identification signs; Community facilities; Dual occupancies; Dwelling houses; Eco-tourist facilities; Emergency services facilities; Environmental facilities; Environmental protection works; Farm buildings; Flood mitigation works; Information and education facilities; Recreation areas; Research stations; Roads; Secondary dwellings; Water recycling facilities; Water supply systems 4 Prohibited Industries; Multi dwelling housing; Residential flat buildings; Retail premises; Seniors housing; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3 Zone E4 1 Environmental Living · · · · · To provide for low-impact residential development in areas with special ecological, scientific or aesthetic values. To ensure that residential development does not have an adverse effect on those values. To maintain the rural character of the land in the zone while preserving the land for future urban growth. To ensure that development does not create unreasonable and uneconomic demands for the provision or extension of public infrastructure, amenities and services. To maintain or improve the water quality of receiving water catchments. Objectives of zone 2 Permitted without consent Extensive agriculture; Home occupations; Roads Page 22 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 2 Land Use Table 3 Permitted with consent Bed and breakfast accommodation; Building identification signs; Business identification signs; Community facilities; Dual occupancies; Dwelling houses; Eco-tourist facilities; Emergency services facilities; Environmental facilities; Environmental protection works; Farm buildings; Farm stay accommodation; Flood mitigation works; Home-based child care; Home businesses; Home industries; Recreation areas; Research stations; Secondary dwellings; Water recycling facilities; Water supply systems 4 Prohibited Industries; Service stations; Warehouse or distribution centres; Any other development not specified in item 2 or 3 Page 23 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 3 Exempt and complying development Part 3 3.1 Exempt and complying development Note. Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act. The section states that exempt development: (a) must be of minimal environmental impact, and (b) cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and (c) cannot be carried out in a wilderness area (identified under the Wilderness Act 1987). Exempt development (1) (2) The objective of this clause is to identify development of minimal environmental impact as exempt development. Development specified in Schedule 2 that meets the standards for the development contained in that Schedule and that complies with the requirements of this Part is exempt development. To be exempt development, the development: (a) must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia or, if there are no such relevant provisions, must be structurally adequate, and (b) must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and (c) must not be designated development, and (d) must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977. Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2­9 is exempt development only if: (a) the building has a current fire safety certificate or fire safety statement, or (b) no fire safety measures are currently implemented, required or proposed for the building. To be exempt development, the development must: (a) be installed in accordance with the manufacturer's specifications, if applicable, and (b) not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent. Note. A permit for the removal or pruning of a tree or other vegetation may be granted under this Plan. A development consent for the removal of native vegetation may be granted where relevant under the Native Vegetation Act 2003. (3) (4) (5) (6) 3.2 A heading to an item in Schedule 2 is part of that Schedule. The objective of this clause is to identify development as complying development. Development specified in Part 1 of Schedule 3 that is carried out in compliance with: (a) the development standards specified in relation to that development, and Complying development (1) (2) Page 24 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 3 Exempt and complying development (b) the requirements of this Part, is complying development. Note. See also clause 5.8 (3) which provides that the conversion of fire alarms is complying development in certain circumstances. (3) To be complying development, the development must: (a) be permissible, with development consent, in the zone in which it is carried out, and (b) meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, and (c) have an approval, if required by the Local Government Act 1993, from the Council for an on-site effluent disposal system if the development is undertaken on unsewered land. A complying development certificate for development specified in Part 1 of Schedule 3 is subject to the conditions (if any) set out or referred to in Part 2 of that Schedule. A heading to an item in Schedule 3 is part of that Schedule. Exempt or complying development must not be carried out on any environmentally sensitive area for exempt or complying development. For the purposes of this clause: environmentally sensitive area for exempt or complying development means any of the following: (a) the coastal waters of the State, (b) a coastal lake, (c) land to which State Environmental Planning Policy No 14--Coastal Wetlands or State Environmental Planning Policy No 26--Littoral Rainforests applies, (d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997, (e) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention, (f) land within 100 metres of land to which paragraph (c), (d) or (e) applies, (g) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance, (h) land reserved under the National Parks and Wildlife Act 1974 or land acquired under Part 11 of that Act, (i) land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes, (j) land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994. (4) (5) 3.3 Environmentally sensitive areas excluded (1) (2) Page 25 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 4 Principal development standards Part 4 4.1 Principal development standards The objectives of this clause are as follows: (a) to minimise the cost to the community of: (i) fragmented and isolated development of rural land, and (ii) providing, extending and maintaining public amenities and services, (b) to ensure that the character and landscape setting of an area is protected and enhanced by any development, (c) to promote development on appropriately sized lots and to ensure access to available essential services. This clause applies to a subdivision of any land shown on the Lot Size Map that requires development consent and that is carried out after the commencement of this Plan. The size of any lot resulting from a subdivision of land to which this clause applies is not to be less than the minimum size shown on the Lot Size Map in relation to that land. This clause does not apply in relation to the subdivision of individual lots in a strata plan or community title scheme. Despite any other provision of this clause, land identified as "Area 1" or "Area 2" on the Lot Size Map may not be further subdivided. The objectives of this clause are as follows: (a) to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements. This clause applies to a subdivision (being a subdivision that requires development consent) under the Community Land Development Act 1989 of land in any of the following zones: (a) Zone RU1 Primary Production, (b) Zone RU2 Rural Landscape, (c) Zone E3 Environmental Management, (d) Zone E4 Environmental Living. The size of any lot resulting from a subdivision of land to which this clause applies (other than any lot comprising association property within the meaning of the Community Land Development Act 1989) is not to be less than the minimum size shown on the Lot Size Map in relation to that land. Minimum subdivision lot size (1) (2) (3) (4) (4A) 4.1AA Minimum subdivision lot size for community title schemes (1) (2) (3) 4.1A Minimum lot sizes for dual occupancies, multi dwelling housing and residential flat buildings (1) (2) The objective of this clause is to achieve planned residential density in certain zones. Development consent may be granted to development on a lot in a zone shown in Column 2 of the table to this clause for a purpose shown in Column 1 of the table opposite that zone, if the area of the lot is equal to or greater than the area specified for that purpose and shown in Column 3 of the table. Page 26 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 4 Principal development standards Column 1 Dual occupancy Column 2 Zone RU5 Village Column 3 6,000 square metres (a) 400 square metres (in areas with a minimum lot size of 300 square metres on the Lot Size Map) 500 square metres (in areas with a minimum lot size of 400 square metres on the Lot Size Map) 700 square metres (in areas with a minimum lot size of 600 square metres on the Lot Size Map) Dual occupancy (attached) Zone R1 General Residential (b) (c) Dual occupancy (attached) Zone R2 Low Density Residential Dual occupancy (detached) Zone R2 Low Density Residential Dual occupancy (detached) Zone R1 General Residential 1,000 square metres 1,000 square metres (a) 500 square metres (in areas with a minimum lot size of 300 square metres on the Lot Size Map) 600 square metres (in areas with a minimum lot size of 400 square metres on the Lot Size Map) 800 square metres (in areas with a minimum lot size of 600 square metres on the Lot Size Map) 600 square metres (in areas with a minimum lot size of 300 square metres on the Lot Size Map) 800 square metres (in any other case) (b) (c) Multi dwelling housing Zone R1 General Residential (a) (b) Multi dwelling housing Residential flat building Zone R2 Low Density Residential Zone R1 General Residential 1,200 square metres (a) 600 square metres (in areas with a minimum lot size of 300 square metres on the Lot Size Map) 800 square metres (in any other case) (b) 4.2 Rural subdivision (1) The objective of this clause is to provide flexibility in the application of standards for subdivision in rural zones to allow land owners a greater chance to achieve the objectives for development in the relevant zone. Page 27 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 4 Principal development standards (2) This clause applies to the following rural zones: (a) Zone RU1 Primary Production, (b) Zone RU2 Rural Landscape, (c) Zone RU4 Primary Production Small Lots, (d) Zone RU6 Transition. Note. When this Plan was made it did not include all of these zones. (3) Land in a zone to which this clause applies may, with development consent, be subdivided for the purpose of primary production to create a lot of a size that is less than the minimum size shown on the Lot Size Map in relation to that land. However, such a lot cannot be created if an existing dwelling would, as the result of the subdivision, be situated on the lot. A dwelling cannot be erected on such a lot. Note. A dwelling includes a rural worker's dwelling (see definition of that term in the Dictionary). (4) (5) 4.2A Erection of dwelling houses, dual occupancies and secondary dwellings on land in certain rural and environment protection zones (1) The objectives of this clause are as follows: (a) to minimise unplanned rural residential development, (b) to enable the replacement of lawfully erected dwelling houses, dual occupancies and secondary dwellings in certain rural and environment protection zones. This clause applies to land in the following zones: (a) Zone RU1 Primary Production, (b) Zone RU2 Rural Landscape, (c) Zone E3 Environmental Management, (d) Zone E4 Environmental Living. Development consent must not be granted for the erection of a dwelling house, a dual occupancy or a secondary dwelling on land to which this clause applies unless the land: (a) is a lot that is at least the minimum lot size shown on the Lot Size Map in relation to that land, or (b) is a lot created under an environmental planning instrument before this Plan commenced and on which the erection of a dwelling house, dual occupancy or secondary dwelling was permissible immediately before that commencement, or (c) is a lot resulting from a subdivision for which development consent (or equivalent) was granted before this Plan commenced and on which the erection of a dwelling house, dual occupancy or secondary dwelling would have been permissible if the plan of subdivision had been registered before that commencement, or (d) is an existing holding, or (e) would have been a lot or a holding referred to in paragraph (a), (b), (c) or (d) had it not been affected by: (i) a minor realignment of its boundaries that did not create an additional lot, or (2) (3) Page 28 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 4 Principal development standards (ii) (iii) a subdivision creating or widening a public road or public reserve or for another public purpose, or a consolidation with an adjoining public road or public reserve or for another public purpose. Note. A dwelling cannot be erected on a lot created under clause 9 of State Environmental Planning Policy (Rural Lands) 2008 or clause 4.2. (4) Development consent must not be granted under subclause (3) unless: (a) no dwelling house, dual occupancy or secondary dwelling has been erected on the land, and (b) if a development application has been made for development for the purpose of a dwelling house, a dual occupancy or a secondary dwelling on the land-- the application has been refused or it was withdrawn before it was determined, and (c) if development consent has been granted in relation to such an application-- the consent has been surrendered or it has lapsed. Development consent may be granted for the erection of a dwelling house, a dual occupancy or a secondary dwelling on land to which this clause applies if there is a lawfully erected dwelling house, dual occupancy or secondary dwelling on the land and the dwelling house, dual occupancy or secondary dwelling to be erected is intended only to replace the existing dwelling house, dual occupancy or secondary dwelling. Despite any other provision of this clause, development consent must not be granted for the erection of a dwelling house, a dual occupancy or a secondary dwelling on any lot that is not sewered and has a lot size that is less than 4,000 square metres. In this clause: existing holding means land that: (a) was a holding on the relevant date, and (b) is a holding at the time the application for development consent referred to in subclause (3) is lodged, whether or not there has been a change in the ownership of the holding since the relevant date, and includes any other land adjoining that land acquired by the owner since the relevant date, but does not include land identified as "Evans" on the Former Boundaries Map. holding means all adjoining land, even if separated by a road or railway, held by the same person or persons. relevant date means: (a) for land identified as "Lithgow" on the Former Boundaries Map-- 2 December 1994, or (b) for land identified as "Rylstone" on the Former Boundaries Map-- 31 July 1970, or (b) for any other land--the date of lodgment of the development application for the erection of a dwelling house, dual occupancy or secondary dwelling. Note. The owner in whose ownership all the land is at the time the application is lodged need not be the same person as the owner in whose ownership all the land was on the stated date. (5) (6) (7) Page 29 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 4 Principal development standards 4.2B Erection of dwelling houses, dual occupancies and secondary dwellings in Zone RU5 and Zone R5 (1) The objectives of this clause are as follows: (a) to ensure that development is undertaken on appropriately sized lots that have access to available essential services, (b) to manage development density affected by subdivision patterns approved under the planning instrument in force immediately before the commencement of this Plan. This clause applies to land in the following zones: (a) Zone RU5 Village, (b) Zone R5 Large Lot Residential. Development consent must not be granted for the erection of a dwelling house, dual occupancy or secondary dwelling on land to which this clause applies, and on which no dwelling house, a dual occupancy or a secondary dwelling has been erected, unless the lot: (a) is not smaller than the minimum size shown on the Lot Size Map in relation to that land, or (b) was created by a subdivision for which development consent was granted under an environmental planning instrument, and on which the erection of a dwelling house, dual occupancy or secondary dwelling would have been permissible, immediately before the commencement of this Plan, or (c) resulted from a subdivision for which development consent was granted under an environmental planning instrument, and on which the erection of a dwelling house, dual occupancy or secondary dwelling would have been permissible, if the plan of subdivision had been registered before the commencement of this Plan. (2) (3) 4.2C Minimum subdivision lot size for strata plan schemes in certain rural and environment protection zones (1) (2) The objective of this clause is to ensure that land to which this clause applies is not fragmented by subdivisions that would create additional dwelling entitlements. This clause applies to land in the following zones that is used, or is proposed to be used, for dwellings, bed and breakfast accommodation or farm stay accommodation: (a) Zone RU1 Primary Production, (b) Zone RU2 Rural Landscape, (c) Zone E3 Environmental Management, (d) Zone E4 Environmental Living. The size of any lot resulting from a subdivision of land to which this clause applies for a strata plan scheme (other than any lot comprising common property within the meaning of the Strata Schemes (Freehold Development) Act 1973 or Strata Schemes (Leasehold Development) Act 1986) is not to be less than the minimum size shown on the Lot Size Map in relation to that land. Note. Part 6 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that strata subdivision of a building in certain circumstances is specified complying development. (3) 4.3 Height of buildings [Not adopted] Page 30 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 4 Principal development standards 4.4 Floor space ratio [Not adopted] 4.5 Calculation of floor space ratio and site area [Not applicable] 4.6 Exceptions to development standards (1) The objectives of this clause are as follows: (a) to provide an appropriate degree of flexibility in applying certain development standards to particular development, (b) to achieve better outcomes for and from development by allowing flexibility in particular circumstances. Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause. Development consent must not be granted for development that contravenes a development standard unless the consent authority has considered a written request from the applicant that seeks to justify the contravention of the development standard by demonstrating: (a) that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case, and (b) that there are sufficient environmental planning grounds to justify contravening the development standard. Development consent must not be granted for development that contravenes a development standard unless: (a) the consent authority is satisfied that: (i) the applicant's written request has adequately addressed the matters required to be demonstrated by subclause (3), and (ii) the proposed development will be in the public interest because it is consistent with the objectives of the particular standard and the objectives for development within the zone in which the development is proposed to be carried out, and (b) the concurrence of the Director-General has been obtained. In deciding whether to grant concurrence, the Director-General must consider: (a) whether contravention of the development standard raises any matter of significance for State or regional environmental planning, and (b) the public benefit of maintaining the development standard, and (c) any other matters required to be taken into consideration by the Director-General before granting concurrence. Development consent must not be granted under this clause for a subdivision of land in Zone RU1 Primary Production, Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone RU4 Primary Production Small Lots, Zone RU6 Transition, Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living if: (a) the subdivision will result in 2 or more lots of less than the minimum area specified for such lots by a development standard, or (2) (3) (4) (5) (6) Page 31 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 4 Principal development standards (b) the subdivision will result in at least one lot that is less than 90% of the minimum area specified for such a lot by a development standard. Note. When this Plan was made it did not include all of these zones. (7) After determining a development application made pursuant to this clause, the consent authority must keep a record of its assessment of the factors required to be addressed in the applicant's written request referred to in subclause (3). This clause does not allow development consent to be granted for development that would contravene any of the following: (a) a development standard for complying development, (b) a development standard that arises, under the regulations under the Act, in connection with a commitment set out in a BASIX certificate for a building to which State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies or for the land on which such a building is situated, (c) clause 5.4, (ca) clause 4.2A (6), 6.1 or 6.2. (8) Page 32 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 5 Miscellaneous provisions Part 5 5.1 Miscellaneous provisions The objective of this clause is to identify, for the purposes of section 27 of the Act, the authority of the State that will be the relevant authority to acquire land reserved for certain public purposes if the land is required to be acquired under Division 3 of Part 2 of the Land Acquisition (Just Terms Compensation) Act 1991 (the owner-initiated acquisition provisions). Note. If the landholder will suffer hardship if there is any delay in the land being acquired by the relevant authority, section 23 of the Land Acquisition (Just Terms Compensation) Act 1991 requires the authority to acquire the land. Relevant acquisition authority (1) (2) The authority of the State that will be the relevant authority to acquire land, if the land is required to be acquired under the owner-initiated acquisition provisions, is the authority of the State specified below in relation to the land shown on the Land Reservation Acquisition Map (or, if an authority of the State is not specified in relation to land required to be so acquired, the authority designated or determined under those provisions). Type of land shown on Map Zone RE1 Public Recreation and marked "Local open space" Zone RE1 Public Recreation and marked "Regional open space" Zone SP2 Infrastructure and marked "Classified road" Zone E1 National Parks and Nature Reserves and marked "National Park" Authority of the State Council The corporation constituted under section 8 of the Act Roads and Maritime Services Minister administering the National Parks and Wildlife Act 1974 (3) Development on land acquired by an authority of the State under the owner-initiated acquisition provisions may, before it is used for the purpose for which it is reserved, be carried out, with development consent, for any purpose. The objective of this clause is to enable the Council to classify or reclassify public land as "operational land" or "community land" in accordance with Part 2 of Chapter 6 of the Local Government Act 1993. Note. Under the Local Government Act 1993, "public land" is generally land vested in or under the control of a council (other than roads, Crown reserves and commons). The classification or reclassification of public land may also be made by a resolution of the Council under section 31, 32 or 33 of the Local Government Act 1993. Section 30 of that Act enables this Plan to discharge trusts on which public reserves are held if the land is reclassified under this Plan as operational land. 5.2 Classification and reclassification of public land (1) (2) (3) (4) The public land described in Part 1 or Part 2 of Schedule 4 is classified, or reclassified, as operational land for the purposes of the Local Government Act 1993. The public land described in Part 3 of Schedule 4 is classified, or reclassified, as community land for the purposes of the Local Government Act 1993. The public land described in Part 1 of Schedule 4: (a) does not cease to be a public reserve to the extent (if any) that it is a public reserve, and Page 33 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 5 Miscellaneous provisions (b) continues to be affected by any trusts, estates, interests, dedications, conditions, restrictions or covenants that affected the land before its classification, or reclassification, as operational land. (5) The public land described in Part 2 of Schedule 4, to the extent (if any) that it is a public reserve, ceases to be a public reserve when the description of the land is inserted into that Part and is discharged from all trusts, estates, interests, dedications, conditions, restrictions and covenants affecting the land or any part of the land, except: (a) those (if any) specified for the land in Column 3 of Part 2 of Schedule 4, and (b) any reservations that except land out of the Crown grant relating to the land, and (c) reservations of minerals (within the meaning of the Crown Lands Act 1989). Note. In accordance with section 30 (2) of the Local Government Act 1993, the approval of the Governor to subclause (5) applying to the public land concerned is required before the description of the land is inserted in Part 2 of Schedule 4. 5.3 Development near zone boundaries [optional] (1) The objective of this clause is to provide flexibility where the investigation of a site and its surroundings reveals that a use allowed on the other side of a zone boundary would enable a more logical and appropriate development of the site and be compatible with the planning objectives and land uses for the adjoining zone. This clause applies to so much of any land that is within the relevant distance of a boundary between any 2 zones. The relevant distance is 50 metres. This clause does not apply to: (a) land in Zone RE1 Public Recreation, Zone E1 National Parks and Nature Reserves, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone W1 Natural Waterways, or (aa) land in Zone RU2 Rural Landscape, Zone RU3 Forestry, Zone R1 General Residential, Zone R2 Low Density Residential, Zone R5 Large Lot Residential, Zone B1 Neighbourhood Centre, Zone B2 Local Centre, Zone B4 Mixed Use, Zone B6 Enterprise Corridor, Zone B7 Business Park or Zone E4 Environmental Living, or (b) land within the coastal zone, or (c) land proposed to be developed for the purpose of sex services or restricted premises. Direction. Additional zones may be included by adding them in a separate paragraph numbered (aa). Note. When this Plan was made it did not include all of these zones. (2) (3) (4) Despite the provisions of this Plan relating to the purposes for which development may be carried out, development consent may be granted to development of land to which this clause applies for any purpose that may be carried out in the adjoining zone, but only if the consent authority is satisfied that: (a) the development is not inconsistent with the objectives for development in both zones, and (b) the carrying out of the development is desirable due to compatible land use planning, infrastructure capacity and other planning principles relating to the efficient and timely development of land. This clause does not prescribe a development standard that may be varied under this Plan. (5) Page 34 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 5 Miscellaneous provisions 5.4 Controls relating to miscellaneous permissible uses (1) Bed and breakfast accommodation If development for the purposes of bed and breakfast accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 4 bedrooms. Note. Any such development that provides for a certain number of guests or rooms may involve a change in the class of building under the Building Code of Australia. (2) Home businesses If development for the purposes of a home business is permitted under this Plan, the carrying on of the business must not involve the use of more than 30 square metres of floor area. (3) Home industries If development for the purposes of a home industry is permitted under this Plan, the carrying on of the home industry must not involve the use of more than 50 square metres of floor area. (4) Industrial retail outlets If development for the purposes of an industrial retail outlet is permitted under this Plan, the retail floor area must not exceed: (a) 25% of the gross floor area of the industry or rural industry located on the same land as the retail outlet, or (b) 400 square metres, whichever is the lesser. (5) Farm stay accommodation If development for the purposes of farm stay accommodation is permitted under this Plan, the accommodation that is provided to guests must consist of no more than 5 bedrooms. (6) Kiosks If development for the purposes of a kiosk is permitted under this Plan, the gross floor area must not exceed 40 square metres. (7) Neighbourhood shops If development for the purposes of a neighbourhood shop is permitted under this Plan, the retail floor area must not exceed 120 square metres. (8) Roadside stalls If development for the purposes of a roadside stall is permitted under this Plan, the gross floor area must not exceed 25 square metres. (9) Secondary dwellings If development for the purposes of a secondary dwelling is permitted under this Plan, the total floor area of the dwelling (excluding any area used for parking) must not exceed whichever of the following is the greater: (a) 60 square metres, (b) 30% of the total floor area of the principal dwelling. 5.5 Development within the coastal zone [Not applicable] Page 35 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 5 Miscellaneous provisions 5.6 Architectural roof features [Not adopted] 5.7 Development below mean high water mark [Not applicable] 5.8 Conversion of fire alarms (1) (2) This clause applies to a fire alarm system that can be monitored by Fire and Rescue NSW or by a private service provider. The following development may be carried out, but only with development consent: (a) converting a fire alarm system from connection with the alarm monitoring system of Fire and Rescue NSW to connection with the alarm monitoring system of a private service provider, (b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider, (c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider. Development to which subclause (2) applies is complying development if it consists only of: (a) internal alterations to a building, or (b) internal alterations to a building together with the mounting of an antenna, and any support structure, on an external wall or roof of a building so as to occupy a space of not more than 450mm × 100mm × 100mm. 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. In this clause: private service provider means a person or body that has entered into an agreement that is in force with Fire and Rescue NSW to monitor fire alarm systems. The objective of this clause is to preserve the amenity of the area, including biodiversity values, through the preservation of trees and other vegetation. This clause applies to species or kinds of trees or other vegetation that are prescribed for the purposes of this clause by a development control plan made by the Council. Note. A development control plan may prescribe the trees or other vegetation to which this clause applies by reference to species, size, location or other manner. (3) (4) (5) 5.9 Preservation of trees or vegetation (1) (2) (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: (a) development consent, or (b) a permit granted by the Council. 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. (4) Page 36 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 5 Miscellaneous provisions (5) (6) (7) This clause 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. This clause does not apply to a tree or other vegetation that the Council is satisfied is a risk to human life or property. A permit under this clause cannot allow any ringbarking, cutting down, topping, lopping, removal, injuring or destruction of a tree or other vegetation: (a) that is or forms part of a heritage item or that is within a heritage conservation area, or (b) that is or forms part of an Aboriginal object or that is within an Aboriginal place of heritage significance, unless the Council is satisfied that the proposed activity: (c) is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area, and (d) would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area. Note. As a consequence of this subclause, the activities concerned will require development consent. The heritage provisions of clause 5.10 will be applicable to any such consent. (8) This clause does not apply to or in respect of: (a) the clearing of native vegetation: (i) that is authorised by a development consent or property vegetation plan under the Native Vegetation Act 2003, or (ii) that is otherwise permitted under Division 2 or 3 of Part 3 of that Act, or (b) the clearing of vegetation on State protected land (within the meaning of clause 4 of Schedule 3 to the Native Vegetation Act 2003) that is authorised by a development consent under the provisions of the Native Vegetation Conservation Act 1997 as continued in force by that clause, or (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, or (d) action required or authorised to be done by or under the Electricity Supply Act 1995, the Roads Act 1993 or the Surveying and Spatial Information Act 2002, or (e) plants declared to be noxious weeds under the Noxious Weeds Act 1993. Note. Permissibility may be a matter that is determined by or under any of these Acts. (9) Subclause (8) (a) (ii) does not apply in relation to land in Zone R5 Large Lot Residential, Zone E2 Environmental Conservation, Zone E3 Environmental Management or Zone E4 Environmental Living. Note. When this Plan was made it did not include all of these zones. 5.9AA Trees or vegetation not prescribed by development control plan (1) This clause applies to any tree or other vegetation that is not of a species or kind prescribed for the purposes of clause 5.9 by a development control plan made by the Council. The ringbarking, cutting down, topping, lopping, removal, injuring or destruction of any tree or other vegetation to which this clause applies is permitted without development consent. (2) Page 37 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 5 Miscellaneous provisions 5.10 Heritage conservation Note. Heritage items (if any) are listed and described in Schedule 5. Heritage conservation areas (if any) are shown on the Heritage Map as well as being described in Schedule 5. (1) Objectives The objectives of this clause are as follows: (a) to conserve the environmental heritage of Lithgow, (b) to conserve the heritage significance of heritage items and heritage conservation areas, including associated fabric, settings and views, (c) to conserve archaeological sites, (d) to conserve Aboriginal objects and Aboriginal places of heritage significance. (2) Requirement for consent Development consent is required for any of the following: (a) demolishing or moving any of the following or altering the exterior of any of the following (including, in the case of a building, making changes to its detail, fabric, finish or appearance): (i) a heritage item, (ii) an Aboriginal object, (iii) a building, work, relic or tree within a heritage conservation area, (b) altering a heritage item that is a building by making structural changes to its interior or by making changes to anything inside the item that is specified in Schedule 5 in relation to the item, (c) disturbing or excavating an archaeological site while knowing, or having reasonable cause to suspect, that the disturbance or excavation will or is likely to result in a relic being discovered, exposed, moved, damaged or destroyed, (d) disturbing or excavating an Aboriginal place of heritage significance, (e) erecting a building on land: (i) on which a heritage item is located or that is within a heritage conservation area, or (ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance, (f) subdividing land: (i) on which a heritage item is located or that is within a heritage conservation area, or (ii) on which an Aboriginal object is located or that is within an Aboriginal place of heritage significance. (3) When consent not required However, development consent under this clause is not required if: (a) the applicant has notified the consent authority of the proposed development and the consent authority has advised the applicant in writing before any work is carried out that it is satisfied that the proposed development: (i) is of a minor nature or is for the maintenance of the heritage item, Aboriginal object, Aboriginal place of heritage significance or archaeological site or a building, work, relic, tree or place within the heritage conservation area, and (ii) would not adversely affect the heritage significance of the heritage item, Aboriginal object, Aboriginal place, archaeological site or heritage conservation area, or Page 38 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 5 Miscellaneous provisions (b) (c) (d) (4) the development is in a cemetery or burial ground and the proposed development: (i) is the creation of a new grave or monument, or excavation or disturbance of land for the purpose of conserving or repairing monuments or grave markers, and (ii) would not cause disturbance to human remains, relics, Aboriginal objects in the form of grave goods, or to an Aboriginal place of heritage significance, or 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 the development is exempt development. Effect of proposed development on heritage significance The consent authority must, before granting consent under this clause in respect of a heritage item or heritage conservation area, consider the effect of the proposed development on the heritage significance of the item or area concerned. This subclause applies regardless of whether a heritage management document is prepared under subclause (5) or a heritage conservation management plan is submitted under subclause (6). (5) Heritage assessment The consent authority may, before granting consent to any development: (a) on land on which a heritage item is located, or (b) on land that is within a heritage conservation area, or (c) on land that is within the vicinity of land referred to in paragraph (a) or (b), require a heritage management document to be prepared that assesses the extent to which the carrying out of the proposed development would affect the heritage significance of the heritage item or heritage conservation area concerned. (6) Heritage conservation management plans The consent authority may require, after considering the heritage significance of a heritage item and the extent of change proposed to it, the submission of a heritage conservation management plan before granting consent under this clause. (7) Archaeological sites The consent authority must, before granting consent under this clause to the carrying out of development on an archaeological site (other than land listed on the State Heritage Register or to which an interim heritage order under the Heritage Act 1977 applies): (a) notify the Heritage Council of its intention to grant consent, and (b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent. (8) Aboriginal places of heritage significance The consent authority must, before granting consent under this clause to the carrying out of development in an Aboriginal place of heritage significance: (a) consider the effect of the proposed development on the heritage significance of the place and any Aboriginal object known or reasonably likely to be located at the place by means of an adequate investigation and assessment (which may involve consideration of a heritage impact statement), and Page 39 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 5 Miscellaneous provisions (b) notify the local Aboriginal communities, in writing or in such other manner as may be appropriate, about the application and take into consideration any response received within 28 days after the notice is sent. (9) Demolition of nominated State heritage items The consent authority must, before granting consent under this clause for the demolition of a nominated State heritage item: (a) notify the Heritage Council about the application, and (b) take into consideration any response received from the Heritage Council within 28 days after the notice is sent. (10) Conservation incentives The consent authority may grant consent to development for any purpose of a building that is a heritage item or of the land on which such a building is erected, or for any purpose on an Aboriginal place of heritage significance, even though development for that purpose would otherwise not be allowed by this Plan, if the consent authority is satisfied that: (a) the conservation of the heritage item or Aboriginal place of heritage significance is facilitated by the granting of consent, and (b) the proposed development is in accordance with a heritage management document that has been approved by the consent authority, and (c) the consent to the proposed development would require that all necessary conservation work identified in the heritage management document is carried out, and (d) the proposed development would not adversely affect the heritage significance of the heritage item, including its setting, or the heritage significance of the Aboriginal place of heritage significance, and (e) the proposed development would not have any significant adverse effect on the amenity of the surrounding area. 5.11 Bush fire hazard reduction Bush fire hazard reduction work authorised by the Rural Fires Act 1997 may be carried out on any land without development consent. Note. The Rural Fires Act 1997 also makes provision relating to the carrying out of development on bush fire prone land. 5.12 Infrastructure development and use of existing buildings of the Crown (1) This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the carrying out of any development, by or on behalf of a public authority, that is permitted to be carried out with or without development consent, or that is exempt development, under State Environmental Planning Policy (Infrastructure) 2007. This Plan does not restrict or prohibit, or enable the restriction or prohibition of, the use of existing buildings of the Crown by the Crown. The objectives of this clause are as follows: (a) to maintain the environmental and cultural values of land on which development for the purposes of eco-tourist facilities is carried out, (b) to provide for sensitively designed and managed eco-tourist facilities that have minimal impact on the environment both on and off-site. (2) 5.13 Eco-tourist facilities (1) Page 40 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 5 Miscellaneous provisions (2) (3) This clause applies if development for the purposes of an eco-tourist facility is permitted with development consent under this Plan. The consent authority must not grant consent under this Plan to carry out development for the purposes of an eco-tourist facility unless the consent authority is satisfied that: (a) there is a demonstrated connection between the development and the ecological, environmental and cultural values of the site or area, and (b) the development will be located, constructed, managed and maintained so as to minimise any impact on, and to conserve, the natural environment, and (c) the development will enhance an appreciation of the environmental and cultural values of the site or area, and (d) the development will promote positive environmental outcomes and any impact on watercourses, soil quality, heritage and native flora and fauna will be minimal, and (e) the site will be maintained (or regenerated where necessary) to ensure the continued protection of natural resources and enhancement of the natural environment, and (f) waste generation during construction and operation will be avoided and that any waste will be appropriately removed, and (g) the development will be located to avoid visibility above ridgelines and against escarpments and from watercourses and that any visual intrusion will be minimised through the choice of design, colours, materials and landscaping with local native flora, and (h) any infrastructure services to the site will be provided without significant modification to the environment, and (i) any power and water to the site will, where possible, be provided through the use of passive heating and cooling, renewable energy sources and water efficient design, and (j) the development will not adversely affect the agricultural productivity of adjoining land, and (k) the following matters are addressed or provided for in a management strategy for minimising any impact on the natural environment: (i) measures to remove any threat of serious or irreversible environmental damage, (ii) the maintenance (or regeneration where necessary) of habitats, (iii) efficient and minimal energy and water use and waste output, (iv) mechanisms for monitoring and reviewing the effect of the development on the natural environment, (v) maintaining improvements on an on-going basis in accordance with relevant ISO 14000 standards relating to management and quality control. Page 41 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 6 Urban release areas Part 6 6.1 Urban release areas The objective of this clause is to require satisfactory arrangements to be made for the provision of designated State public infrastructure before the subdivision of land in an urban release area to satisfy needs that arise from development on the land, but only if the land is developed intensively for urban purposes. Development consent must not be granted for the subdivision of land in an urban release area if the subdivision would create a lot smaller than the minimum lot size permitted on the land immediately before the land became, or became part of, an urban release area, unless the Director-General has certified in writing to the consent authority that satisfactory arrangements have been made to contribute to the provision of designated State public infrastructure in relation to that lot. Subclause (2) does not apply to: (a) any lot identified in the certificate as a residue lot, or (b) any lot to be created by a subdivision of land that was the subject of a previous development consent granted in accordance with this clause, or (c) any lot that is proposed in the development application to be reserved or dedicated for public open space, public roads, public utility undertakings, educational facilities or any other public purpose, or (d) a subdivision for the purpose only of rectifying an encroachment on any existing lot. This clause does not apply to land in an urban release area if all or any part of the land is in a special contributions area (as defined by section 93C of the Act). Development consent must not be granted for development on land in an urban release area unless the Council is satisfied that any public utility infrastructure that is essential for the proposed development is available or that adequate arrangements have been made to make that infrastructure available when it is required. This clause does not apply to development for the purpose of providing, extending, augmenting, maintaining or repairing any public utility infrastructure. The objective of this clause is to ensure that development on land in an urban release area occurs in a logical and cost-effective manner, in accordance with a staging plan and only after a development control plan that includes specific controls has been prepared for the land. Development consent must not be granted for development on land in an urban release area unless a development control plan that provides for the matters specified in subclause (3) has been prepared for the land. The development control plan must provide for all of the following: (a) a staging plan for the timely and efficient release of urban land, making provision for necessary infrastructure and sequencing, (b) an overall transport movement hierarchy showing the major circulation routes and connections to achieve a simple and safe movement system for private vehicles, public transport, pedestrians and cyclists, Arrangements for designated State public infrastructure (1) (2) (3) (4) 6.2 Public utility infrastructure (1) (2) 6.3 Development control plan (1) (2) (3) Page 42 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 6 Urban release areas (c) (d) (e) (f) (g) (h) (i) (j) (4) an overall landscaping strategy for the protection and enhancement of riparian areas and remnant vegetation, including visually prominent locations, and detailed landscaping requirements for both the public and private domain, a network of active and passive recreation areas, stormwater and water quality management controls, amelioration of natural and environmental hazards, including bush fire, flooding and site contamination and, in relation to natural hazards, the safe occupation of, and the evacuation from, any land so affected, detailed urban design controls for significant development sites, measures to encourage higher density living around transport, open space and service nodes, measures to accommodate and control appropriate neighbourhood commercial and retail uses, suitably located public facilities and services, including provision for appropriate traffic management facilities and parking. Subclause (2) does not apply to development for any of the following purposes: (a) a subdivision for the purpose of a realignment of boundaries that does not create additional lots, (b) a subdivision of land if any of the lots proposed to be created is to be reserved or dedicated for public open space, public roads or any other public or environment protection purpose, (c) a subdivision of land in a zone in which the erection of structures is prohibited, (d) development on land that is of a minor nature only, if the consent authority is of the opinion that the carrying out of the development would be consistent with the objectives of the zone in which the land is situated. A provision of this Part prevails over any other provision of this Plan to the extent of any inconsistency. 6.4 Relationship between Part and remainder of Plan Page 43 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 7 Additional local provisions Part 7 7.1 Additional local provisions The objective of this clause is to ensure that earthworks for which development consent is required will not have a detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of the surrounding land. Development consent is required for earthworks unless: (a) the earthworks are exempt development under this Plan or another applicable environmental planning instrument, or (b) the earthworks are ancillary to development that is permitted without consent under this Plan or to development for which development consent has been given. In deciding whether to grant development consent for earthworks (or for development involving ancillary earthworks), the consent authority must consider the following matters: (a) the likely disruption of, or any detrimental effect on, drainage patterns and soil stability in the locality of the development, (b) the effect of the development on the likely future use or redevelopment of the land, (c) the quality of the fill or the soil to be excavated, or both, (d) the effect of the development on the existing and likely amenity of adjoining properties, (e) the source of any fill material and the destination of any excavated material, (f) the likelihood of disturbing relics, (g) the proximity to, and potential for adverse impacts on, any waterway, drinking water catchment or environmentally sensitive area, (h) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development, (i) the proximity to, and potential for adverse impacts on, any heritage item, archaeological site or heritage conservation area. Note. The National Parks and Wildlife Act 1974, particularly section 86, deals with harming Aboriginal objects. Earthworks (1) (2) (3) 7.2 Flood planning (1) The objectives of this clause are as follows: (a) to minimise the flood risk to life and property associated with the use of land, (b) to allow development on land that is compatible with the land's flood hazard, taking into account projected changes as a result of climate change, (c) to avoid significant adverse impacts on flood behaviour and the environment. This clause applies to: (a) land identified as "Flood planning area" on the Flood Planning Map, and (b) other land at or below the flood planning level. Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development: (a) is compatible with the flood hazard of the land, and (2) (3) Page 44 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 7 Additional local provisions (b) (c) (d) (e) (4) will not significantly adversely affect flood behaviour resulting in detrimental increases in the potential flood affectation of other development or properties, and incorporates appropriate measures to manage risk to life from flood, and will not significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding. A word or expression used in this clause has the same meaning as it has in the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government in April 2005, unless it is otherwise defined in this clause. In this clause: flood planning level means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metre freeboard. The objective of this clause is to minimise the impacts of urban stormwater on land to which this clause applies and on adjoining properties, native bushland and receiving waters. This clause applies to all land in the following zones: (a) Zone RU5 Village, (b) all residential, business and industrial zones. Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that the development: (a) is designed to maximise the use of water permeable surfaces on the land having regard to the soil characteristics affecting on-site infiltration of water, and (b) includes, if practicable, on-site stormwater retention for use as an alternative supply to mains water, groundwater or river water, and (c) avoids any significant adverse impacts of stormwater runoff on adjoining properties, native bushland and receiving waters, or if that impact cannot be reasonably avoided, minimises and mitigates the impact. The objective of this clause is to maintain terrestrial biodiversity by: (a) protecting native fauna and flora, and (b) protecting the ecological processes necessary for their continued existence, and (c) encouraging the conservation and recovery of native fauna and flora and their habitats. This clause applies to land identified as "Biodiversity" on the Environmentally Sensitive Areas--Biodiversity Overlay Map. (5) 7.3 Stormwater management (1) (2) (3) 7.4 Terrestrial biodiversity (1) (2) Page 45 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 7 Additional local provisions (3) In deciding whether to grant development consent for development on land to which this clause applies, the consent authority must consider: (a) whether the development is likely to have: (i) any adverse impact on the condition, ecological value and significance of the fauna and flora on the land, and (ii) any adverse impact on the importance of the vegetation on the land to the habitat and survival of native fauna, and (iii) any potential to fragment, disturb or diminish the biodiversity structure, function and composition of the land, and (iv) any adverse impact on the habitat elements providing connectivity on the land, and (b) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development. Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that: (a) the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or (b) if that impact cannot be reasonably avoided by adopting feasible alternatives--the development is designed, sited and will be managed to minimise that impact, or (c) if that impact cannot be minimised--the development will be managed to mitigate that impact. The objectives of this clause are as follows: (a) to maintain the hydrological functions of key groundwater systems, (b) to protect vulnerable groundwater resources from depletion and contamination as a result of development. This clause applies to land identified as "Groundwater Vulnerable" on the Environmentally Sensitive Areas--Water Overlay Map. In deciding whether to grant development consent for development on land to which this clause applies, the consent authority must consider the following: (a) the likelihood of groundwater contamination from the development (including from any on-site storage or disposal of solid or liquid waste and chemicals), (b) any adverse impacts the development may have on groundwater dependent ecosystems, (c) the cumulative impact the development may have on groundwater (including impacts on nearby groundwater extraction for a potable water supply or stock water supply), (d) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development. Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that: (a) the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or (b) if that impact cannot be reasonably avoided--the development is designed, sited and will be managed to minimise that impact, or (4) 7.5 Groundwater vulnerability (1) (2) (3) (4) Page 46 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 7 Additional local provisions (c) 7.6 if that impact cannot be minimised--the development will be managed to mitigate that impact. Riparian land and watercourses (1) The objective of this clause is to protect and maintain the following: (a) water quality within watercourses, (b) the stability of the bed and banks of watercourses, (c) aquatic and riparian habitats, (d) ecological processes within watercourses and riparian areas. This clause applies to all of the following: (a) land identified as "Sensitive Waterway" on the Environmentally Sensitive Areas--Water Overlay Map, (b) all land that is within 40 metres of the top of the bank (measured horizontally) of land identified as "Watercourse" on that map. In deciding whether to grant development consent for development on land to which this clause applies, the consent authority must consider: (a) whether or not the development is likely to have any adverse impact on the following: (i) the water quality and flows within the watercourse, (ii) aquatic and riparian species, habitats and ecosystems of the watercourse, (iii) the stability of the bed and banks of the watercourse, (iv) the free passage of fish and other aquatic organisms within or along the watercourse, (v) any future rehabilitation of the watercourse and riparian areas, and (b) whether or not the development is likely to increase water extraction from the watercourse, and (c) any appropriate measures proposed to avoid, minimise or mitigate the impacts of the development. Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that: (a) the development is designed, sited and will be managed to avoid any significant adverse environmental impact, or (b) if that impact cannot be reasonably avoided--the development is designed, sited and will be managed to minimise that impact, or (c) if that impact cannot be minimised--the development will be managed to mitigate that impact. The objective of this clause is to protect, maintain and improve the diversity and stability of landscapes including the restriction of: (a) development on land generally unsuitable for development due to steep slopes or shallow soils, and (b) development on land subject to salinity, and (c) the removal of native vegetation, and (2) (3) (4) 7.7 Sensitive lands (1) Page 47 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 7 Additional local provisions (d) (e) (2) (3) development on land that is subject to regular or permanent inundation, and development on land that is within significant karst environments. This clause applies to land identified as "Sensitive Land Areas" on the Environmentally Sensitive Areas--Land Overlay Map. Before determining a development application for development on land to which this clause applies, the consent authority must consider whether the development is likely to have any adverse impact on the following: (a) any land with slopes greater than 25%, (b) any land subject to high erosion potential, (c) any land subject to salinity or impeded drainage, (d) any land subject to regular or permanent inundation, (e) any significant karst environment (including ecological, air quality and movement, water quality, biodiversity, geodiversity (geomorphical and geological), heritage, recreational and sociological values). Development consent must not be granted to development on land to which this clause applies unless the consent authority is satisfied that: (a) the development is designed, sited and will be managed to avoid significant adverse environmental impact, or (b) if that impact cannot be avoided--the development is designed, sited and will be managed to minimise that impact, or (c) if that impact cannot be minimised--the development will be managed to mitigate that impact. The objective of this clause is to protect the operational environment of sewage treatment plants, waste disposal facilities and water treatment facilities, and to limit the impact of these facilities on proposed sensitive land uses. This clause applies to land identified as "Facilities Buffer Zone" on the Facilities Buffer Zone Map. Before granting development consent for development on land to which this clause applies, the consent authority must consider the following: (a) the impact that any noise and other emissions associated with existing land uses would have on the development, (b) any measures incorporated into the development that would limit the impact of noise, odour and other emissions associated with the existing land use, (c) any opportunities to relocate the development outside the land to which this clause applies, (d) whether the proposed development would adversely affect the operational environment of any existing development on the land to which this clause applies. The objective of this clause is to promote uses that attract pedestrian traffic along certain ground floor street frontages in Zone B2 Local Centre. This clause applies to land identified as "Active street frontage" on the Active Street Frontages Map. (4) 7.8 Development within a designated buffer area (1) (2) (3) 7.9 Active street frontages (1) (2) Page 48 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 7 Additional local provisions (3) Development consent must not be granted to the erection of a building, or a change of use of a building, on land to which this clause applies unless the consent authority is satisfied that the building will have an active street frontage after its erection or change of use. Despite subclause (3), an active street frontage is not required for any part of a building that is used for any of the following: (a) entrances and lobbies (including as part of mixed use development), (b) access for fire services, (c) vehicular access. In this clause, a building has an active street frontage if all premises on the ground floor of the building facing the street are used for the purposes of business premises or retail premises. Development consent must not be granted to development unless the consent authority is satisfied that any of the following services that are essential for the development are available or that adequate arrangements have been made to make them available when required: (a) the supply of water, (b) the supply of electricity, (c) the disposal and management of sewage, (d) stormwater drainage or on-site conservation, (e) suitable vehicular access. (4) (5) 7.10 Essential services 7.11 Existing dwellings on unsubdivided land (1) This clause applies to the following land at: (a) Doctors Gap, being Lot 86, DP 751650, Lot 1, DP 34434 and Lot 3, DP 722304, (b) East Corney Town, being Lot 100, DP 1088253 and Lot 12, DP 239627, (c) Windy Gully, being Lot 7314, DP 1142033. Despite any other provision of this Plan, land to which this clause applies may be subdivided into lots of any size provided that: (a) each lot created contains one or more existing dwellings, and (b) the Council is satisfied that each lot: (i) can effectively treat and dispose of wastewater within the boundaries of the lot, and (ii) can provide satisfactory access to a public road, and (iii) does not prejudice any likely future development of the land. The objectives of this clause are as follows: (a) to ensure that the development of land known as Pottery Estate is planned in an orderly manner and achieves appropriate built form, (b) to ensure that the development has regard to the unique environmental constraints and opportunities of the land, (c) to ensure that the development of this land is appropriately serviced. (2) 7.12 Development in Pottery Estate (1) Page 49 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Part 7 Additional local provisions (2) (3) This clause applies to land identified as "Pottery Estate" on the Pottery Estate Development Map. Development consent must not be granted for development on land to which this clause applies unless the consent authority has taken into consideration a development control plan approved by the Council for that purpose that contains comprehensive provisions relating to, but not limited to: (a) the layout and design of both vehicular and pedestrian traffic through that land, and (b) the need to integrate the mixed land uses of the land through appropriate design and buffers, and (c) minimising the impact of development on the heritage significance of the cultural landscape, including both the built and archaeological heritage items on the land and proposed means of conservation management, and (d) any areas of land that may need restrictions due to the impact of mine subsidence, slope, bush fire, flooding or inundation or any other identifiable hazard, and (e) investigation and identification of any areas of land affected by contamination and the means to alleviate any risk of injury or harm, and (f) stormwater and water quality management, and (g) the conservation of natural watercourses, and (h) the protection of any potential habitat of any identified threatened species of flora and fauna, in particular the Purple Copper Butterfly (Paralucia spinifera), and (i) good design principles relating to building heights and setbacks, densities, materials, colours, form and scale, and (j) the servicing of the land, and (k) management of open space and public lands. The objective of this clause is to minimise land use conflicts and adverse amenity impacts by providing a reasonable level of separation between sex services premises, specified land uses and places regularly frequented by children. In deciding whether to grant development consent to development for the purposes of sex services premises, the consent authority must consider the following: (a) whether the premises will be located on land that adjoins, is directly opposite or is separated only by a local road from land: (i) in Zone R1 General Residential, Zone R2 Low Density Residential or Zone RE1 Public Recreation, or (ii) used for the purposes of a child care centre, a community facility, a school or a place of public worship, (b) the impact of the proposed development and its hours of operation on any place likely to be regularly frequented by children: (i) that adjoins the development, or (ii) that can be viewed from the development, or (iii) from which a person can view the development. 7.13 Location of sex services premises (1) (2) Page 50 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 1 Additional permitted uses Schedule 1 1 Additional permitted uses (Clause 2.5) Use of certain land at Bowenfels and South Bowenfels (1) (2) 2 This clause applies to land at Bowenfels and South Bowenfels that is in Zone B1 Neighbourhood Centre. Development for the purposes of neighbourhood shops is permitted with development consent if the retail floor area of the shop does not exceed 300m2. This clause applies to land at Hoskins Avenue, Lithgow, being Lot 1, DP 868379. Development for the purposes of office premises is permitted with development consent. Use of certain land at Hoskins Avenue, Lithgow (1) (2) Page 51 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 2 Exempt development Schedule 2 Exempt development (Clause 3.1) Note 1. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy. Note 2. Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners' property rights and the common law still apply. (When this Plan was made this Schedule was blank) Page 52 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 3 Complying development Schedule 3 Complying development (Clause 3.2) Note. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application. This Schedule contains additional complying development not specified in that Policy. Part 1 Part 2 Types of development Complying development certificate conditions (When this Plan was made this Part was blank) Note. Complying development must comply with the requirements of the Act, the regulations under the Act and this Plan. General conditions Any development specified in Part 1 is subject to the same conditions set out in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. Page 53 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 4 Classification and reclassification of public land Schedule 4 Part 1 Column 1 Locality Ben Bullen Clarence Clarence Dark Corner Glen Alice Glen Davis Glen Davis Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Classification and reclassification of public land (Clause 5.2) Land classified, or reclassified, as operational land--no interests changed Column 2 Description Lot 1, DP 382576, Ben Bullen Lot 2, DP 719201, disused transportable building, Petra Avenue Lot 1, DP 917875, Chifley Road Lot 1988, DP 787675, Dark Corner Rural Fire Brigade Lots 10­12, Section 1, DP 758445, CNL 81486, Glen Alice Bush Fire Shed Lot 9, Section 1, DP758446, Market Place Lot 20, Section 6, DP 758446, Market Place Lots 298 and 299, DP 751650, Lot 100, DP 1003963, Gumnut House Childcare Centre, Proto Avenue Lot 3, DP 1005128, Rural Fire Service Control Centre, Silcock Street Lot 4, DP 840077, 31 Eskbank Street Lot 1, DP 534993, SES/VRA Building, Mort Street Lot 46, DP 262218, Integral transformer, Blaxland Street Lots A and B, DP 344745, Lithgow Library and Learning Centre, Main Street Lot 139, DP 1011056, Lots 141 and 142, DP 1011056, laneway off Musket Parade Lot 12, Section 1, DP 3096, Hassans Street road verge, South Bowenfels Lot 34, DP 26281, laneway off Musket Parade Lot 32, Section 4, DP 416, roadway, Ramsay Street Lot 857, DP 24785, laneway, Carbine Street Lot B, DP 9370, Musket Parade laneway Lots 1­3, Section B, DP 3998, Sandford Avenue Lot 1, DP 715582, Pillans Lane Lot 55, DP 1124083, Industrial land, Inch Street Lot 1, DP 723731, access way Lot 22, DP 773810, Mort Street Lot 2, DP 1063404, Inch Street Lots A and D, DP 376167, Geordie Street Lot 3, DP 812149, road verge Lot 8, DP 29016, Hughes and Longworth Streets Lot 21, DP 635219, entrance to car park, Mort Street Lots D and E, DP 36295, Lot 16, DP 253969, Great Western Highway verge Page 54 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 4 Classification and reclassification of public land Column 1 Locality Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Marrangaroo Marrangaroo Meadow Flat Portland Portland Portland Portland Portland Portland Portland Portland Portland Rydal Rylstone Rylstone Column 2 Description Lot F, DP 36295, Great Western Highway road verge Lot B, DP 36295, Great Western Highway road verge Lot A, DP 36295, Great Western Highway road verge Lot 1, DP 937650, Laidley Street road pavement Lot 99, DP 1075659, pumping station, Thornton Avenue Lot 2, DP 233063, Old Reservoir site Lot 1, DP 407355, pumping station, Cook Street Lot 1, DP 912209, reservoir, High Street Lot 1, DP 104797, Lot 1, DP 104980, reservoir, Cook Street Part of Lot 200, DP 1137354, reservoir and pumping station, Vickers Street Lots 2 and 3, DP 787111, reservoir, Cook Street Lot 1, DP 719920, reservoir, Macauley Street Lot 1802, DP 1125152, reservoir, Magpie Hollow Road Lot 423, DP 1152284, storage dam, Farmers Creek Lots 421 and 422, DP 1152246, storage dam, Marrangaroo Creek Lots 1­8 and 13, DP 717074, reservoir, Wrights Road Lots 2, 3, 6 and 7, DP 788554, Lithgow Water Treatment Plant Lot 1, DP 168714, off Macauley Street Lot 1, DP 168713, off Macauley Street Lot 931, DP 868140 Lot 67, DP 813538, Marrangaroo Fields Lot 68, DP 813538, adjoining Marrangaroo Fields Lot 1, DP 1071694, Meadow Flat Bush Fire Shed Lot 11, DP 864218, SES/VRA Building, Falnash Street Lot 223, DP 1185154, Williwa Street Lots 1­4, Section 3, DP 6225, May Street Lot 41, DP 871882, Pipers Flat Road Lot 6, Section 31, DP 758855, Quarry Road Lots 13­16, Section 12, DP 758855, Sofala Street Lot 363, DP 740604, Boulder Road road reserve Lot 12, DP 864218, reservoir, Falnash Street Lot 1, DP 448724, reservoir, Purcell Street Lot 138, DP 751651, Rydal Rural Fire Brigade Station Lot 10, DP 263620, extractive resource site, Mt Marsden Lot 1, DP 588664, extractive resource site, Glen Alice Road Palmers Oakey Lot 2, DP 245663, Palmers Oakey Page 55 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 4 Classification and reclassification of public land Column 1 Locality Tarana Wallerawang Wallerawang Wallerawang Wallerawang Wallerawang Wallerawang Wallerawang Wallerawang Wallerawang Wallerawang Wallerawang Wallerawang Wallerawang Wallerawang Wallerawang Wallerawang Wallerawang Wallerawang Column 2 Description Lot 26, DP 1016189, Tarana Rural Fire Brigade Part of Lot 202, DP 1056693, development site, Barton Avenue Lot 1, DP1097793, 24 Cary Avenue Lot 2, DP 1097793, 26 Cary Avenue Lot 3, DP 1097793, 28 Cary Avenue Lot 4, DP 1097793, 30 Cary Avenue Lot 5, DP 1097793, 32 Cary Avenue Lot 6, DP 1097793, 34 Cary Avenue Lot 7, DP 1097793, 36 Cary Avenue Lot 8, DP 1097793, 38 Cary Avenue Lot 9, DP 1097793, 40 Cary Avenue Lot 10, DP 1097793, 42 Cary Avenue Lots 303­306, DP 26070, Lidsdale Street Lot 250, DP 26070, Lyon Parade Lot 2, DP 28230, Commens Street Lot 1, DP 28230, Forest Ridge Drive Lot 68, DP 1078741, Wallerawang and Rydal Roads Lots 9 and 10, DP 713684, nature strip, Pinta Street Lot 1, DP 1050206, reservoir, Forest Ridge Drive Part 2 Column 1 Locality Capertee Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Land classified, or reclassified, as operational land-- interests changed Column 2 Description Lot 21, DP 244899, Castlereagh Highway Reserve Lot 6, Section A, DP 19973, Amiens Street Lot 7, Section A, DP 19973, Amiens Street Lot 14, DP 231890, Bayonet Street Reserve Lot 21, DP 630489, Corner of Bren and Suvla Streets Lot 6, DP 228849, Donald Street Reserve Lot 200, DP 730122, Landa Street Reserve Lot 26, DP 255869, Reservoir Hill, Range Crescent Lot K, DP36295, Stewart Street Reserve Lot J, DP36295, Thompson Street Reserve Column 3 Any trusts etc not discharged Nil Nil Nil Nil Nil Nil Nil Nil Nil Nil Page 56 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 4 Classification and reclassification of public land Column 1 Locality Lithgow Wallerawang Column 2 Description Lot C, DP 36295, Tourism Gateway, Cooerwull Road Lots 349­351, DP 26070, Lidsdale Street Column 3 Any trusts etc not discharged Nil Nil Part 3 Column 1 Locality Nil Land classified, or reclassified, as community land Column 2 Description Page 57 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 5 Environmental heritage Schedule 5 Part 1 Locality Ben Bullen Environmental heritage (Clause 5.10) Heritage items Item name Ben Bullen Railway Station and Platform Address Castlereagh Highway Property Description Significance Item no State I174 Blackmans Flat Berwindi Capertee Capertee Capertee Capertee Lock-Up Cottage 3 1470 Castlereagh Highway Lot 1, DP 666540 Local Local I206 I123 I128 I125 Castlereagh Highway Lot 2, Section 3, DP 758222 Castlereagh Highway Lot 1, DP 1115443 Local Local Cottage and store Castlereagh Highway Lots 1 and 2, Section 1, DP 758222 School Masters Residence 35 Castlereagh Highway Capertee Capertee Capertee Capertee Capertee Capertee Capertee Capertee Capertee Capertee Capertee Capertee Capertee Clarence Lot 13, DP 755758 Local Lot 14, DP 755758 Local Lot 1, DP 578843 Lot 8, DP 755758 Local Local I124 I126 I127 I172 I171 I130 I173 I327 I120 I121 I129 I132 I133 I443 Store and cottage 65 Castlereagh Highway Royal Hotel Airly Bernina Glengar Carinya Goolooinboin Station 67 Castlereagh Highway 4428 Castlereagh Highway 4428 Castlereagh Highway 5016 Castlereagh Highway Glen Davis Road 2280 Glen Davis Road Lot 42, DP 755758 Local Lot 44, DP 755778 Local Lot 87, DP 755757 Local Lot 109, DP 751640 Local Local Lot 9, Section 5, DP 758222 Lot 3, Section 11, DP 758222 Lot 3, DP 709009 Lot 3, DP 709009 Lot 9, DP 788554 Local Local Local Local State Capertee Railway Railway Street Station Cottage 1 Cottage 4 Green Gully Pise House Railway Street Short Street Torbane Road Torbane Road Great Zig Zag Bells Line of Road Railway and deviation tunnels Clarence House The Oaks off Chifley Road off Chifley Road Clarence Clarence Lot 16, DP 751650 Local Lot 16, DP751650 Local I221 I222 Page 58 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 5 Environmental heritage Locality Clarence Cullen Bullen Cullen Bullen Glen Alice Item name Clarence Homestead Cullen Bullen School Miners cottages Address 855 Chifley Road 15­23 Castlereagh Highway 1 Old Company Cottages Road Property Description Significance Item no I223 I117 I115 I413 Lot 191, DP 875912 Local Lot 82, DP 755769 Local Lots 1, 2, 4 and 6, DP 242575 Local Church Glen Alice Village (multi-denominati onal) and cemetery Glen Alice Sunday School Rosehaven Montana Slab cottage Upper Nile Road 30 Dowdells Road 1716 Jenolan Caves Road 1716 Jenolan Caves Road Lot 40, DP 755796; Local Lot 1, DP 1129153 Glen Alice Hampton Hampton Hampton Hampton Hampton Hampton Hampton Hampton Hampton Hampton Hampton Lot 20, Section 4, DP 758445 Lot B, DP 389469 Lot 2, DP 851993 Lot 2, DP 851993 Lot 1, DP 716400 Lot 1, DP 120952 Lot 9, DP 114863 Local Local Local Local Local Local Local I417 I096 I090 I089 I091 I092 I094 I093 I095 I097 I098 I100 Jenolan Half Way 1856 Jenolan Caves House Motor Inn Road The Stone Cottage Cottage Hampton Road House Hillroy 1991 Jenolan Caves Road 1994 Jenolan Caves Road 1994 Jenolan Caves Road 2058 Jenolan Caves Road Lot 37, DP 665099 Local Lot 50, DP 757041 Local Lot 20, DP 1117347 Local Lot 2, DP 1031694 Local Lot 2, DP 1031694 Local St Thomas 32 Wicketty War Anglican Church Road Cottage 2 Hickory Hill 139 Wicketty War Road 139 Wicketty War Road Page 59 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 5 Environmental heritage Locality Hartley Item name Hartley Historic Site Group Address Old Great Western Highway Property Description Significance Item no I030 State Lot 7302, DP 1165392; Lots 100­103, DP 1185278; Lot 1000, DP 1185293; Lot 11, DP 1185533; Lots 142 and 143, DP 1186102; Lots 11­18, DP 1186105; Lot 59, DP 1186129; Lot 1617, DP 1186130; Lots 45 and 46, DP 1186137; Lot 13, DP 1186138; Lot 100, DP 1186140; Lot 7, DP 247477; Lots 1 and 2, DP 259495; Lots 1 and 2, DP 513933; Lot 1, DP 566148; Lots 8­11, Section 9, DP 758503; Lots 5­9 and 11­14, Section 3, DP 758503; Lots 9­14, Section 2, DP 758503; Lots 1­5, 16 and 17, Section 10, DP 758503; Lots 5­10, Section 15, DP 758503; Lot 8, Section 14, DP 758503 Local Hartley St John the 1 Old Great Western Lot 9, Section 14, Evangelist's Highway DP 758503 Anglican Church Bungarribee Valley Farm Southleigh Vellacott Park Collits Inn Comet Inn I029 Hartley Hartley Vale Hartley Vale Hartley Vale Hartley Vale Hartley Vale 17 Old Great Western Lot 14, Section 14, Local Highway DP 758503 2 Allen Street 573 Browns Gap Road 687 Browns Gap Road Hartley Vale Road Hartley Vale Road Lot 51, DP 867197 Local Lot 119, DP 751650 Local Lot 52, DP 751650 Local Lot 50, DP 1026523 State Lot 4, DP 836542; Lots 6 and 7, DP 986316 Lot 1, DP 543475 Local I031 I010 I015 I014 I012 I003 Hartley Vale Hartley Vale Hartley Vale School-House Mummulgun Hartley Vale Road Hartley Vale Road Local I004 I001 Lot 41, DP 1128436 Local Page 60 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 5 Environmental heritage Locality Hartley Vale Hartley Vale Hartley Vale Hartley Vale Hartley Vale Hartley Vale Hartley Vale Hartley Vale Item name Hillview Wondalga Cottage Schoolmasters Residence The Glen Homedale Vizzard Cottage complex Timber slab cottage, "Crazy Cottage" Cottage Moyne Farm Kanimbla Woolshed Duddawarra Address 104 Hartley Vale Road 254 Hartley Vale Road 400 Hartley Vale Road JR Street 347 JR Street 355 JR Street 358 JR Street Mid Hartley Road Property Description Lot 2, DP 773638 Significance Item no Local I013 I011 I002 I005 I008 I009 I007 I017 Lot 92, DP 664550 Local Lot 1, DP 818567 Lot 101, DP 1084186 Lot 1, DP 196405 Lot 6, Section A, DP 193313 Local Local Local Local Lots 4­8, Section B, Local DP 193313 Lot 1, DP 304523 Local Hartley Vale Kanimbla Kanimbla Kanimbla Valley Kanimbla Valley Kanimbla Valley Kanimbla Valley Kanimbla Valley Kanimbla Valley Kanimbla Valley Lidsdale Lidsdale Lidsdale Lidsdale Lidsdale Wood Road Lot 102, DP 1084186 Local I006 I027 I316 I084 I077 302 Coxs River Road Lot 176, DP 751644 Local 641 Coxs River Road Lot 40, DP 834766 Local 40 Clarke Simpson Road Lot 330, DP 1108595 Local Local Kanimbla Valley Cullenbenbong Road Lot 1, DP 790431; Congregational Lot 201, DP Church Hall 821843 Wingebelaley Glen Shee Yarandoo Belmont 324 Cullenbenbong Road Lot 181, DP 757051 Local Local Local Local I079 I075 I081 I080 I076 I193 I191 I192 I203 I204 1033 Cullenbenbong Lot 102, DP Creek Road 1093836 1688 Gangbenang Road 1691 Gangbenang Road Lot 106, DP 1060618 Lot 279, DP 1013624 Mt Sandy Cottage 916 Peach Tree Road Lot 16, DP 1010564 Local Braemai The Cottage Meadowside Lidsdale House and Gardens House opposite Lidsdale House Castlereagh Highway Lot 3, DP 650334 200 Castlereagh Highway 1384 Castlereagh Highway Local Castlereagh Highway Lot 101, DP 829410 Local Lot 88, DP 1079253 Local Lots 5 and 7, DP 1084545 Local 1385­1387 Lots 30 and 31, DP Local Castlereagh Highway 18837 Page 61 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 5 Environmental heritage Locality Lidsdale Lidsdale Lidsdale Item name Farmhouse Windmill Lad Stud Square and Compass Inn (former) Woodlands Maddox Lane Group The Meadows Address 1449 Castlereagh Highway 35 Ian Holt Drive 70 Ian Holt Drive Property Description Lot 101, DP 1145705 Lot 1, DP 531335 Significance Item no Local Local I205 I197 I198 Lot 9, DP 1088207 Local Lidsdale Lidsdale Lidsdale Lidsdale Lidsdale Lidsdale Lithgow Lithgow Lithgow 111 Ian Holt Drive 10,16­24 Maddox Lane 41 Maddox Lane Lot 2, DP 574754 Lots 1­6, DP 237078 Lot 2, DP 829137 Lot 201, DP 1047676 Local Local I199 I202 I201 I196 I194 I195 I282 I072 I340 Lot 173, DP 666814 Local Local Local Cottage and Stone 10 Skelly Road Barn Uniting Church Cottage Cottage Showground Grandstand and Buildings 23 Wolgan Road 25 Wolgan Road 27­29 Albert Street Barton Street Lot 202, DP 751651 Local Lot 1, DP 1102434 Local Lot 14, DP 253969 Local Lot 1, DP 1123449 Local Cooerwull House Off Andrew Street Lithgow Lithgow Lithgow Bells Road Colliery Managers Cottage Brighton Cottage 166 Bells Road Former LVC Managers Residence 67 Bent Street Lot 1, DP 934032 Local I236 I240 I273 Lots 25 and 26, DP Local 17462 Lot 31, DP 600256 Local Lithgow Doctors Surgery 69 Bent Street (former LVC Managers Office) Langs Dairy Former Zig Zag Brewery and Residence Union Theatre Hoskins Memorial Presbyterian Church Terrace The Tin Shed Brewery Lane Brewery Lane Lot 1, DP 1005128 State I272 Lithgow Lithgow Lot 4, DP 102985 Local I239 I238 Lot 1, DP 834082; Local Lot 1, DP 1098480 Lot 2, DP 1077295 Local Lot 1, DP 165879 Local Lithgow Lithgow Bridge Street Bridge and Mort Streets I321 I314 Lithgow Lithgow 4 Bridge Street 69 Bridge Street Lots 4­6, Section 28, DP 2858 Local I323 I319 Lot 1, DP 1077295 Local Page 62 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 5 Environmental heritage Locality Lithgow Item name Greys Terrace Address Property Description Significance Item no I237 1­12 Brisbane Street, Lots 2­14 and 17, Local 2­13 Bragg Street DP 7199; Lot 1, DP 1080735; Lots 1 and 2, DP 514250; Lots A and B, DP 401209; Lots A and B, DP 377435; Lots A and B, DP 400049; Lot 6, DP 834082 Lot A, DP 39706 Local Lithgow Former St Mary's 1 Church Street Presbyterian Church Directors House, Lithgow Valley Colliery The Hermitage Rosebank Commonwealth Avenue Houses Bowenfels Railway Station Bowenfels Station Masters Residence House Hillcrest Methven House 3 Coalbrook Street I309 Lithgow Lot 1, DP 569626 Local I247 Lithgow Lithgow Lithgow Lithgow Lithgow 7 Coalbrook Street 21 Coalbrook Street 1­3 Commonwealth Avenue 1 Cooerwull Road 3 Cooerwull Road Lot 102, DP 1075376 Lot 4, DP 3227 Lots 1­3, DP 833809 Lot 2999, DP 1195998 Local Local Local State I246 I248 I267 I101 I102 Lot 1, DP 1088726 State Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow 19 Cupro Street off Eskbank Street Evans Place 65 Ferro Street Lots 307 and 308, DP 5255 Lot 1, DP 875910 Lot 1, DP 626657 Lot 2999, DP 1195998 Local Local Local Local I255 I275 I104 I256 I105 I433 I066 I046 I047 I065 I068 Lot 54, DP 605861 Local Crossing Keepers Beyond 1 Fullagar House Avenue Lithgow Coal Gas Works Lane Stage Signal Box Sweet Briars Forty Bends Cottage Forty Bends Monte Vista Fairview Kanangra Great Western Highway 35 Great Western Highway 35 Great Western Highway 985 Great Western Highway 989 Great Western Highway Lot 1, DP 1105168 State Lot 252, DP 1045308 Lot 1, DP 195020 Lot 1, DP 195020 Lot 201, DP 1077344 Lot 6, DP 776529 Local Local Local Local Local Page 63 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 5 Environmental heritage Locality Lithgow Item name Cottage (former Cooerwull Academy) Rankin Cooerwull Presbyterian Church Fernhill Sunnyside Address 993 Great Western Highway 1002 Great Western Highway 1129 Great Western Highway 3109 Great Western Highway 3110 Great Western Highway Property Description Lot A, DP 345053 Significance Item no Local I067 Lithgow Lithgow Lot 2, DP 173015; Lot A, DP 305256 Lot 2, DP 514466 Local Local I070 I103 Lithgow Lithgow Lithgow Lot 10, DP 1134053 State Lot 2, DP 1187719 Local Lot 1, DP 798073 Local I043 I044 I051 Emoh (Emu 3431 Great Western Store/Corderoy's Highway Store) Umera (Bowenfels Inn, Tricks House) Cottage and outbuildings 3449 Great Western Highway 3532 Great Western Highway Lithgow Lot 1, DP 68390 Local I052 Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lot 120, DP 751650 Local Lot 1, DP 923403 Local I060 I061 I062 I249 I259 I261 I285 I243 Caldwells House 3534 Great Western Highway Royal Hotel Duplex House 3584 Great Western Highway Lot 20, DP 1117668 Local Local Local Local 82­84 Hartley Valley Lots 15 and 16, Road Section 3, DP 416 144 Hassans Walls Road Lot 16, DP 5255 Lot 1, DP 655435 Edwardian House 173 Hassans Walls Group Road House 21 Hayley Street Lot 10, Section 47, Local DP 3955 Lot 14, Section 22, Local DP 1936; Lots A­C, DP 367579; Lot 5, Section 23, DP 1936 Lot 1, DP 365722 Local Lots A, D and E, DP Local 107691 Lot 2999, DP 1195998 Lot 3, DP 881717 Lot 1, DP 715230 Lots 478­481, DP 5255 State Local Local Local Inch Street Group 11, 15­21, and 126 Inch Street Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Eskbank House 70 Inch Street I312 I244 I436 I064 I242 I254 Inch Street Group 104­110 Inch Street Stone viaduct Airdrie Mossend Laurence Street Group James Street Kirkley Street 41 Laidley Street 42­48 Laurence Street Page 64 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 5 Environmental heritage Locality Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Item name Terrace House House Court House Hotel Office building The Grand Central Hotel ANZ Bank Tattersals Hotel National Australia Bank Commercial Hotel Theatre Royal Address Property Description Significance Item no Local Local Local Local Local Local Local Local Local Local Local I271 I270 I269 I268 I383 I338 I393 I337 I335 I376 I382 I351 I434 8­14 Lithgow Street Lot 3, DP 233691 20 Lithgow Street 1 Main Street 31 Main Street 69 Main Street 71 Main Street 151 Main Street 156 Main Street 198 Main Street Lot 4, DP 432373 Lot 1, Section 1, DP 2308 Lot 7, Section 1, DP 2308 Lot 1, DP 900325 Lot 1, DP 911132 Lot 2, DP 828975 Lot 3, Section A, DP 360 Lot A, DP 944949 Cottage--duplex 16­18 Lithgow Street Lot 5, DP 432373 22­24 Lithgow Street Lot 1, DP 786694 210­212 Main Street Lot 10, DP 131092 Local Lot 1, DP 1105168 State Eskbank Railway Main Western Station Group Railway including signal box Stone Viaduct Farmers Creek Bowenfels Gonna-Do Main Western Railway 29 McKanes Falls Road and Lithgow Road Methven Street Mort Street Corner Mort and Bridge Streets 86­88 Mort Street 156 Mort Street 163 Mort Street Lithgow Lot 1, DP 1088058 State I438 Lithgow Lot 1, DP 87543 Local I050 Lithgow Lithgow Lithgow Small arms factory Former Tafe College Charles Hoskins Memorial Institute Library Cottage Group Lithgow Court House Lithgow Public School Group Lot 21, DP 1174289 Local Lots 9­11, Section 2, DP 2308 Local I313 I326 I341 Lot 3, DP 1077295 Local Lithgow Lithgow Lithgow Lithgow Lithgow Lot 1, DP 302077; Lot 5, DP 661003 Lot 29, Section 1, DP 2308 Lot 1, DP 793654 Lot 3, Section 5, DP 2308 Lot 5, DP 930738 Local Local Local Local Local I252 I307 I278 I325 I308 Former Methodist 169 Mort Street Church Lithgow Catholic 227 Mort Street Presbytery Page 65 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 5 Environmental heritage Locality Lithgow Item name Presbyterian Church Bowenfels Parsonage Farm Somerset House Address 12 Mudgee Street Property Description Lots 15 and 16, Section 1, DP 758809 Lot 14, DP 67883 Significance Item no Local I059 Lithgow Lithgow 14 Mudgee Street 34 Mudgee Street Local I058 I057 Lots 10 and 11, Local Section 2, DP 758809; Lots 1 and 2, DP 984111; Lots 1 and 2, DP 580773 Lot 372, DP 823384 State Lot 1, DP 933110; Lot 2, DP 758809 Local Local Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow Lithgow National School Group 70 Mudgee Street I054 I053 I045 I056 I048 I264 I263 I266 I332 Ben Avon (former 76 Mudgee Street Royal Hotel) Stone and timber 24 Old Bathurst Road Lot 1, DP 514845 cottage Co-operative slaughter yards Daintree Terrelaroy Wenvoe Avenue of plane trees Charles Lewins Memorial Rotunda War Memorial Statue 51 Old Bathurst Road Lot 1, DP 1085235 Local Old Forty Bends Road Lot 5, DP 1185788 Local Local Local 24 Ordnance Avenue Lot 1, DP 511164 26 Ordnance Avenue Lot 2, DP 221773 Park Parade Queen Elizabeth Park, Main Street Lot 21, DP 1174289 Local Lot 45, DP 1096536 Local Lithgow Lithgow Queen Elizabeth Park Lot 45, DP 1096536 Local Lot 321, DP 1142036 Local I364 I069 La Salle Academy 96 Rabaul Street (former Cooerwull Academy) Former Co-op bakery and pharmacy Railway Parade Lithgow Lot 100, DP 1130976 Lot 2999, DP 1195998 Local I290 Lithgow Lithgow Railway Railway Parade Station Group and Residence Former Union Railway Parade offices (old Repco building) St Paul's Railway Parade and Anglican Church, Roy Street Rectory and Hall Former Co-operative Store 3­5 Railway Parade State I435 Lithgow Lot 31, Section 39, Local DP 3466 Lot 26­28, Section Local 48, DP 3955 Lots 22 and 23, Section 41, DP 3466 Local I292 Lithgow I280 Lithgow I289 Page 66 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 5 Environmental heritage Locality Lithgow Lithgow Lithgow Lithgow Item name Former Trades Hall Former Post Office Waratah Railway Parade Cottages House Florence House Former shop and residence Address 25 Railway Parade 31 Railway Parade and Roy Street 39 Railway Parade 41­59 Railway Parade Property Description Significance Item no I291 I288 I279 I281 Lot 32, Section 39, Local DP 3466 Lot 2, DP 777804 Lot 1, DP 817560 Local Local Lots 1­8, DP Local 21055; Lots 1 and 2, DP 532324 Lithgow Lithgow Lithgow Lithgow 22 Sandford Avenue Lots 9 and 10, Local Section 6, DP 4911 4 Spooner Street 8 Spooner Street 44­46 Tank Street Lot 1, DP 419406 Local Lot 31, Section 47, Local DP 3955 Lots 7 and 8, Section 33, DP 3364 Lot 2, DP 932875 Local I283 I286 I287 I293 Lithgow Lithgow Little Hartley Little Hartley Little Hartley Little Hartley Little Hartley Little Hartley Little Hartley Little Hartley Little Hartley Little Hartley Little Hartley Lowther Lowther Inverted A Frame Top Points Zig Zag Footbridge Railway Braemar House Ambermere Bonnie Blink Apple shed Harp of Erin Rosedale Nioka Billesdene Grange House Meads Farm 50 Tweed Road 5 Ambermere Drive Baaners Lane 57 Cranbrook Park Road Great Western Highway Great Western Highway 2209 Great Western Highway 2272 Great Western Highway 2360 Great Western Highway 2366 Great Western Highway State I437 I071 I022 I042 I082 I028 I024 I025 I023 I021 I020 I019 I018 I085 I318 Lot 10, DP 815871 Local Lot 12, DP 851241 Local Lot 12, DP 1036076 Local Lot 14, DP 776589 Local Lot 1, DP 589557 Lot 2, DP 594106 Local Local Lot 344, DP 655748 Local Lots 1 and 2, DP 540599 Lot 102, DP 1078863 Lot 102, DP 1056042 Lot 1, DP 629411 Local Local Local Local Lyndoch Orchard 2464­2468 Great Western Highway Hartley Public School Lowther Park Lowther Presbyterian Church Mid Hartley Road 1296 Jenolan Caves Road 1326 Jenolan Caves Road Lot 186, DP 751644 Local Lot 1, DP 1107415 Local Lot 148, DP 757063 Local Page 67 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 5 Environmental heritage Locality Lowther Lowther Marrangaroo Marrangaroo Marrangaroo Marrangaroo Item name Timber Cottage (Rushvale) The Old Chook Farm Stone Cottage Lithgow Golf Club River Cottage Cottage (railway crossing keepers cottage) Stone viaduct, Marrangaroo Creek Tunnel Hill tunnels and overbridge Farmhouse Fernbrook Marrangaroo Prayer Chapel Meadow Flat Public School Address 96 Larnach Baker Road Property Description Significance Item no I086 I087 I190 I106 I110 I111 Lot 127, DP 757063 Local 89 Old Jenolan Caves Lot 84, DP 757063 Local Road 16 Gemalong Close Great Western Highway 587 Great Western Highway Hughes Lane Lot 3, DP 242966 Lot 1, DP 840412 Lot 3, DP 242965 Lot 1, DP 996243 Local Local Local Local Marrangaroo Main Western Railway Main Western Railway Oakey Forest Road Reserve Road 3 Reserve Road Great Western Highway Lot 1, DP 175470 State I442 Marrangaroo Local I439 Marrangaroo Marrangaroo Marrangaroo Meadow Flat Meadow Flat Meadow Flat Meadow Flat Lot 1, DP 876453 Lot 1, DP 998434 Local Local I107 I109 I108 I231 I232 I235 I234 Lot 40, DP 600845 Local Lot 1, DP 782196 Lot 9, Section 2, DP 758663 Local Local Off Sunny Corner St Luke's Anglican Church Road Currency Lass Mt Lambie Presbyterian Church Grandview Railway Line Newnes--Zig Zag etc 60­62 Thorpes Pinch Lot 52, DP 588862 Local Road 75 Thorpes Pinch Road Lot 2, DP 1043887 Local Megalong Valley Newnes 601 Peach Tree Road Lot 11, DP 240967 Local Newnes Local I073 I245 Newnes Juntion Blue Hills Portland Portland Portland Portland Portland Portland Residence Residence Residence Residence Residence Residence 588­602 Sandham Road 1 Bellvue Place 2 Bellvue Place 4 Bellvue Place 5 Bellvue Place 6 Bellvue Place 7 Bellvue Place Lots 361 and 362, DP 209982 Lot 1, DP 842893 Lot 4, DP 842893 Lot 5, DP 842893 Lot 3, DP 842893 Lot 6, DP 842893 Lot 9, DP 842893 Local Local Local Local Local Local Local I224 I177 I180 I181 I179 I182 I183 Page 68 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 5 Environmental heritage Locality Portland Portland Portland Portland Item name Residence Residence Portland District Hospital Kremer Park Portland Police Station Complex Cottage Company Foremans Cottages (group) Sydney House Portland House Portland Cement Works Group Address 8 Bellvue Place 10 Bellvue Place Kiln Street Corner Kiln and Laurie Streets Property Description Lot 7, DP 842893 Lot 8, DP 842893 Significance Item no Local Local I184 I185 I305 I306 Lot 21, DP 1134404 Local Lot 7002, DP 1075853; Lot 531, DP 902158 Local Portland Portland Portland Lett and Vale Streets Lot 6, Section 2, DP Local 758855 10 Paine Street 8­18 Saville Street Lot 6, Section 25, DP 758855 Lots 11­16, DP 842893 Lot 2, DP 856917 Lot 4, DP 856917 Local Local I303 I294 I186 Portland Portland Portland 31 Wallerawang Road 51 Wallerawang Road Williwa Street Local Local I175 I176 I296 Lot 53, DP 755769; State Lot 1 DP 109592; Lot 1, DP 1130700 Lot 1, DP 922029 Local Portland St Stephens 2 Williwa Street Anglican Church and Hall Portland Post Office St Josephs Convent and Presbytery St Josephs Catholic Church--school Cottage Masonic Hall Uniting Church St Andrews Presbyterian Church and Hall Co-operative Store Alexander Hotel 17 Williwa Street 95 Williwa Street I297 Portland Portland Lot 2, DP 813095 Local I298 I187 Lot 92, DP 755769; Local Lot 11, Section 25, DP 755769 Lot 92, DP 755769 Local Portland 99 Williwa Street I188 Portland Portland Portland Portland 101 Williwa Street 20 Wolgan Street 41 Wolgan Street 1­2 Vale Street Lot 13, Section 25, Local DP 758855 Lots 21 and 22, Local Section 1, DP 4856 Lot 5, Section 2, DP 3778 Lot 1, DP 667861 Local Local I189 I299 I300 I304 Portland Rydal 15 Vale Street Bathurst Street Lot 12, Section 1, DP 758855 Lots 3 and 18, Section 18, DP 758890 Local Local I302 I139 Page 69 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 5 Environmental heritage Locality Rydal Item name Address Property Description Lot 1, DP 559056 Significance Item no Local I144 Former General Bathurst Street Store (former Post Office) Former police station Former railway station Bathurst Street Bathurst Street Rydal Rydal Rydal Lot 8, Section 18, DP 758890 Local State I145 I140 I142 Union Church Bathurst Street (former Anglican Church) Rydal Mount St Matthew's Roman Catholic Church Outbuildings Stone Viaduct 1­6 Agricultural Showground Cartwright Street Cartwright Street Lot 1, DP 918723 Local Rydal Rydal Lot 70, DP 1134582 Local Lots 8 and 9, Section 19, DP 758890 Local I146 I147 Rydal Rydal Rydal 11 Cheethams Flat Road Main Western Railway Market Street Lot 235, DP 757036 Local Lot 161, DP 1174477 Lot 100, DP 1045983; Lots 71 and 124, DP 751651; Lot 1, DP 1138698 Lot 5, Section 38, DP 758890 State Local I150 I441 I148 Rydal Rydal Rydal Rydal Rydal Sodwalls Sodwalls Sodwalls Sodwalls Sodwalls Sodwalls Cottage 3 Chapel House Farm Highland House Hillcrest Cottage 1 Cottage 4 Wattle Grove Timber Cottage Pendari Jerrys Mount Kilcooly Market Street 22 Market Street 209 Martins Road Quarry Street 49B Railway Street 233 Anarel Road 281 Anarel Road 302 Anarel Road 308 Anarel Road 21 Jerrys Meadows Road Local I136 I138 I169 I134 I137 I160 I159 I158 I157 I151 I152 Lot 1, DP 1001275 Local Lot 122, DP 757036 Local Lot 1, DP 912182 Lot 8, Section 38, DP 758890 Local Local Lot 107, DP 757076 Local Lot 243, DP 757076 Local Lot 78, DP 757076 Local Lot 236, DP 757076 Local Lot 201, DP 1078651 Lot 1, DP 737321 Local Local Sodwalls Inn 329 Sodwalls Road (former Sodwalls House) Invergowrie Old Sodwalls Public School Railway Cottage 396 Sodwalls Road 428 Sodwalls Road 37 Station Road Sodwalls Sodwalls Sodwalls Lot 68, DP 755794 Local Lot 7004, DP 1025924 Local Local I153 I154 I155 Page 70 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 5 Environmental heritage Locality Tarana Tarana Tarana Tarana Tarana Tarana Tarana Tarana Tarana Tarana Tarana Item name House Bangaroo Crown View Church (former Methodist) Crownlea Tarana Hotel Address Property Description Significance Item no Local I412 I165 I315 I411 I410 I167 I163 I166 I161 I162 I164 Corner Brewongle Lot 5, DP 557772 and O'Connell Roads 2273 Hazelgrove Road Honeysuckle Falls Road Lot 6, DP 1016189 Local Lot 22, DP 757076 Local 20 Mutton Falls Road Lot 1, DP 1039964 Local 110 Mutton Falls Road O'Connell Road Lot 4, DP 1171948 Local Lot 1, DP 832370 Lot 621, DP 1142480 Local Local St Stephens Sodwalls Road Anglican Church Tarana Railway Station The Crown Westholme Residence (former school masters residence) Bottom Pub Sodwalls Road Lot 14, DP 1181440 State 1197 Sodwalls Road Lot 25, DP 1016189 Local 1198 Sodwalls Road Lot 1, DP 1085216 Local 1385 Sodwalls Road Lot 12, DP 1192441 Local Wallerawang Wallerawang Wallerawang Main Street Lot A, DP 374050 Lot 1, DP 372255 Local State I207 I112 I113 Church of St John Main Street the Evangelist Old Wallerawang Main Street School (forrner National School) Former Commercial Banking Co. Post Office Wang Antiques and Emporium Surgery Former Wallerawang Public School Stone Viaduct Cox's River 30 Main Street Lot 4, DP 1087684 Local Wallerawang Lot 15, DP 17727 Local I212 Wallerawang Wallerawang Wallerawang Wallerawang 32 Main Street 48 Main Street 50 Main Street Lot 102, DP 1142511 Lot 9, DP 17727 Lot 1, DP 609279 Local Local Local I211 I210 I209 I225 121­123 Main Street Lots 10 and 11, DP Local 1177951 Main Western Railway State State Wallerawang Wallerawang I440 I208 Wallerawang Main Western Junction Railway Railway Station Cottages 57 Pipers Flat Road Lot 12, DP 2527 Wallerawang Local I218 Page 71 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 5 Environmental heritage Locality Wallerawang Wallerawang Wallerawang Wallerawang Wolgan Item name Cottage Willow Vale Northbrook Former Railway Cottage Wolgan Homestead (Wolgan Valley Station) Address 61­63 Pipers Flat Road Property Description Significance Item no I217 I219 I220 I216 I317 Lot 2, DP 616176; Local Lot 103, DP 877661 401 Pipers Flat Road Lot 3, DP 1041104 Local 581 Pipers Flat Road Lot 1, DP 1124158 Local 98 Portland Road Off Wolgan Valley Road Lot 2, DP 815106 Local Lot 26, DP 751666 Local Part 2 Heritage conservation areas Identification on Heritage Map Shown by red hatching and marked "C1" Shown by red hatching and marked "C3" Shown by red hatching and marked "C4" Shown by red hatching and marked "C5" Significance Local Local Local Local Local Local Local Local Local Local State Local Local Description Capertee Heritage Conservation Area Eskbank Street Heritage Conservation Area Hartley Vale Heritage Conservation Area Hassans Walls Road Heritage Conservation Area Lithgow Main Street Heritage Conservation Area Little Hartley Heritage Conservation Area Portland Heritage Conservation Area Pottery Estate Heritage Conservation Area Rydal Heritage Conservation Area Wallerawang Heritage Conservation Area Cook Street Heritage Conservation Area Shown by red hatching and marked "C2" Inch Street Heritage Conservation Area Shown by red hatching and marked "C6" Shown by red hatching and marked "C7" Shown by red hatching and marked "C8" Mort Street Heritage Conservation Area Shown by red hatching and marked "C9" Shown by red hatching and marked "C10" Shown by red hatching and marked "C11" Shown by red hatching and marked "C12" Shown by red hatching and marked "C13" Part 3 Locality Airly Airly Archaeological sites Site name Airly Bakery Airly Big Rock Cave Dwellings Address Off Glen Davis Road Off Glen Davis Road Property description Significance Local Local Item no A149 A148 Page 72 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 5 Environmental heritage Locality Airly Site name Address Property description Significance Local Item no A144 Airly, Torbane Off Glen Davis and Genowlan oil Road shale sites Airly Township Off Glen Davis and Mines Group Road Airly Village Church site Boiler and winding house Flying Fox rope way Gorrms House Off Glen Davis Road Off Glen Davis Road Off Glen Davis Road Off Glen Davis Road Airly Airly Airly Airly Airly Airly Local Local Local Local Local Local A145 A146 A158 A159 A155 A152 Magazine, spring, Off Glen Davis stone cave Road dwelling Managers Residence Off Glen Davis Road Airly Airly Local Local A151 A156 Martins Tunnel, Off Glen Davis ventilation tunnel Road and chimney Potts Point Dwelling Complex Skipway, stone retaining wall Spring shaft and stone house Stone dwelling complex Torbane railway cutting Torbane retort complex Ventilation chimney Off Glen Davis Road Off Glen Davis Road Off Glen Davis Road Off Glen Davis Road Off Glen Davis Road Off Glen Davis Road Off Glen Davis Road Airly Local A150 Airly Airly Airly Airly Airly Airly Airly Local Local Local Local Local Local Local Lots 68 and 69, Local DP 751636 Lot 44, DP 755758 Local A154 A147 A153 A161 A162 A157 A160 A111 Ventilation shaft, Off Glen Davis dwelling, skipway Road Castlereagh Highway 4428 Castereagh Highway Blackmans Flat Blackmans Flat Roman Catholic Cemetery Capertee Capertee Galagher family cemetery A104 A059 Former Kangaroo 4959 Castlereagh Flat Methodist Highway Church Lots 91 and 92, Local DP 755778 Page 73 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 5 Environmental heritage Locality Cullen Bullen Cullen Bullen Cullen Bullen Dargan Dark Corner Site name Back Cullen Cemetery Beaumaris Address Back Cullen Road Back Cullen Road Property description Lot 7302, DP 1142032 Lot 11, DP 249955 Lot 7005, DP 1026565 Lot 7301, DP 1123766 Significance Local Local Local Local Item no A053 A054 A088 A119 A105 Cullen Bullen Castlereagh General Cemetery Highway Dargan Railway Dams off Chifley Road Dark Corner Dark Corner Road Lots 23­26 and Local General Cemetery 6A, DP 755767; Lot 1, DP 668503 Glen Davis town and oil-works Hartley General Cemetery Glen Davis Road Lots 4­6, DP Local 751639; Lots 3­5, DP 131480 Lots Local 7016­7018, DP 1057029; Lot 7320, DP 1165385 State State Local Glen Davis A087 Hartley Great Western Highway A015 Hartley Hartley Hartley Eliza Rodd Grave 200 Jenolan Caves Lot 10, DP Road 830372 Glenroy Rev John Troughton gravemarker Rosedale BlackmanMerrick family cemetery Collitts/Mt York burial ground Lockyers Pass Site of oil-shale works, Hartley Vale 200 Jenolan Caves Lot 10, DP Road 830372 1 Old Great Western Highway 498 Blackman Creek Road 498 Browns Gap Road Lot 9, Section 14, DP 758503 Lot 2, DP 749916 Lot 2, DP 749916 A019 A020 A078 Hartley Vale Hartley Vale Local Local A048 A049 Hartley Vale Hartley Vale Hartley Vale Hartley Vale Road Lot 379, DP 720619 Hartley Vale Road Lot 3, DP 820928 400 Hartley Vale Road Local Local A007 A180 A001 Lot 1, DP Local 818567; Lot 52 DP 867197; Lot 3, DP 836542 Lot 28, DP 751644 Lot 44, DP 834766 Lot 2, DP 219769 Local Local Local Kanimbla Kanimbla Kanimbla Moyne Farm Cemetery Edmund Harvey Grave Norton Grave 302 Coxs River Road 675 Coxs River Road 89B Wards Road A016 A042 A034 Page 74 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 5 Environmental heritage Locality Kanimbla Lithgow Lithgow Lithgow Site name Old Kanimbla Homestead Oakey Park Colliery Site Address 89B Wards Road Bells Road Property description Lot 2, DP 219769 Lot 17, DP 1099804 Lot 11, DP 831103 Lots 2­6, DP 1005128; Lot 702, DP 1150747 Significance Local Local Local State Item no A035 A095 A133 A124 Railway culvert of Off Bell Street Ida Falls Creek Lithgow Valley Pottery and Brickworks Bent and Silcock Streets Lithgow Lithgow Bowens Creek Bowens Hollow Bridge Abutments Gun emplacements Andrew Brown Private Cemetery Lithgow No. 2 Dam Bowenfels Presbyterian Cemetery Chifley Road and Hassans Walls Road Cooerwull Road Farmers Creek Great Western Highwy Local Lot 1, DP State 413551: Lot 90, DP 751650 Lot 13, DP 253969 Lot 423, DP 1152284 Lot 62, DP 751650 Lot 1, DP 195020 Local Local Local A026 A176 Lithgow Lithgow Lithgow A050 A120 A030 Lithgow Lithgow Former Eagle and Great Western Child Inn Highway Lithgow General Cemetery Old Catholic Cemetery Forty Bends Cemetery Hassans Walls Stockade and Barracks Great Western Highway Great Western Highway 35 Great Western Highway 3124 Great Western Highway Local A022 A032 Lot 7306, DP Local 1142901; Lot 1, DP 1133793 Lot 336, DP 751650 Lot 1, DP 195020 Lot 1, DP 1187719 Local Local Local Lithgow Lithgow Lithgow A029 A023 A021 Lithgow Road culvert and 3431 Great sustaining wall at Western Highway Emoh Newvale Colliery Ida Falls Gully and Coke-Ovens Blast furnace site and coke ovens Gun emplacements Inch Street Off Kirkley Street Lot 2, DP 574705 Lot 2, DP 776568 Lot 3, DP 1017922 Lot 1, DP 123135 Lot 1, DP 165879 Local A027 Lithgow Lithgow Lithgow Lithgow Lithgow Local State State Local Local A140 A125 A031 A170 A123 Cooerwull Public 319 Main Street School Bell Sorensen Memorial Mort and Bridge Streets Page 75 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 5 Environmental heritage Locality Lithgow Lithgow Lithgow Site name Lithgow War Memorial State Mine Heritage Park Lithgow Valley Colliery Quoits Field McKanes Falls Bridge Lowther general cemetery Address Queen Elizabeth Park, Main Street State Mine Gully Road Valley Drive Property description Lot 45, DP 1096536 Lot 1, DP 242977 Lot 603, DP 1051775 Significance Local Local Local Item no A122 A127 A186 Lithgow-- South Bowenfels Lowther McKanes Falls Road Jenolan Caves Road Lot 7301, DP 1148839; Lots 86 and 87, DP 757063 Lot 151, DP 757063 Lot 233, DP 757063 Lot 1, DP 782196 Lot 7001, DP 1021302 Lots 7002 and 7004, DP 1052053 Lot 2, DP 1043887 State A077 Local A044 Lowther Lowther/ Hampton district War Memorial Lowther Park cemetery Meadow Flat School Bell Jenolan Caves Road 96 Larnach Baker Road Great Western Highway Local A185 Lowther Meadow Flat Meadow Flat Meadow Flat Local Local Local Local A043 A092 A091 A093 Meadow Flat War Great Western Memorial Highway Meadow Flat Meadow Flat General Cemetery Cemetery Road Mount Lambie Presbyterian Cemetery Six Foot Track 75 Thorpes Pinch Road Megalong Valley Meadow Flat Local A094 Megalong Valley Mt Victoria Local Local A182 A174 Hill Top Tramway Darling Causeway Lot 372, DP above Hartley 41332 Vale Mt Victoria Hill Top Tramway Darling Causeway Lot 7010, DP Local above Hartley 92868; Lot 372, Vale DP 41332 Victoria Pass Great Western Highway Lot 7312, DP 1162788 Lot 111, DP 755795 Local Local Local Local Local A175 Mt Victoria Palmers Oakey Portland Round Swamp Rydal A183 A106 A107 A061 A068 Palmers Oakey Off Sunny Corner General Cemetery Road Portland General Cemetery Round Swamp Cemetery Sunny Corner Road Lot 7300, DP 1144082 5249 Castlereagh Highway Lot 3, DP 565109 Lot 8, Section 19, DP 758890 Old Roman Cartwright Street Catholic Cemetery Page 76 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Schedule 5 Environmental heritage Locality Rydal Site name Rydal General Cemetery Address Cartwright Street Property description Lot 7311, DP 1140577; Lot 7011, DP 1020468 Significance Local Item no A069 Rydal Rydal Sodwalls Thomas Veays Isolated Grave Martha Power grave 140 Cut Hill Road Lot 1, DP 1107268 Rydal Hampton Road Lot 100, DP 829748 Lot 243, DP 757076 Local Local Local A070 A071 A143 Gravestone of 281 Anarel Road Ellen Griffiths and Julia Beale Sodwalls Cemetery Sodwalls Tarana Tarana Wallerawang Wallerawang Wallerawang Wolgan Wolgan 329 Sodwalls Road Lot 1, DP 737321 Local Local State A141 A142 A082 A109 A184 A108 A163 A110 Grave of Jeremiah Honeysuckle Falls Lot 1, DP Beale Road 876777 Tarana Railway Sodwalls Road Station water tank Walker-Barton Private Cemetery War Memorial Foreshores Lake Wallace Main Street Lots 408­414, DP 751651 Lot 1, DP 371608 Local Local Local Local Local Wallerawang Portland Road General Cemetery Newnes Historic Site Group Christiana Williams grave Newnes Junction-- Newnes Wolgan Valley Road Page 77 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary Dictionary (Clause 1.4) Aboriginal object means any deposit, object or other material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of an area of New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non-Aboriginal extraction, and includes Aboriginal remains. Aboriginal place of heritage significance means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition and that may be shown on the Heritage Map, that is: (a) the site of one or more Aboriginal objects or a place that has the physical remains of pre-European occupation by, or is of contemporary significance to, the Aboriginal people. It may (but need not) include items and remnants of the occupation of the land by Aboriginal people, such as burial places, engraving sites, rock art, midden deposits, scarred and sacred trees and sharpening grooves, or (b) a natural Aboriginal sacred site or other sacred feature. It includes natural features such as creeks or mountains of long-standing cultural significance, as well as initiation, ceremonial or story places or areas of more contemporary cultural significance. Note. The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that Act. acid sulfate soils means naturally occurring sediments and soils containing iron sulfides (principally pyrite) or their precursors or oxidation products, whose exposure to oxygen leads to the generation of sulfuric acid (for example, by drainage or excavation). Acid Sulfate Soils Manual means the manual by that name published by the Acid Sulfate Soils Management Advisory Committee and made publicly available. Active Street Frontages Map means the Lithgow Local Environmental Plan 2014 Active Street Frontages Map. advertisement has the same meaning as in the Act. Note. The term is defined as a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water. advertising structure has the same meaning as in the Act. Note. The term is defined as a structure used or to be used principally for the display of an advertisement. Advertising structures are a type of signage--see the definition of that term in this Dictionary. affordable housing has the same meaning as in the Act. Note. The term is defined as housing for very low income households, low income households or moderate income households, being such households as are prescribed by the regulations or as are provided for in an environmental planning instrument. agricultural produce industry means a building or place used for the handling, treating, processing or packing, for commercial purposes, of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes wineries, flour mills, cotton seed oil plants, cotton gins, feed mills, cheese and butter factories, and juicing or canning plants, but does not include a livestock processing industry. Note. Agricultural produce industries are a type of rural industry--see the definition of that term in this Dictionary. agriculture means any of the following: (a) aquaculture, (b) extensive agriculture, (c) intensive livestock agriculture, (d) intensive plant agriculture. Note. Part 6 of the Plantations and Reafforestation Act 1999 provides that exempt farm forestry within the meaning of that Act is not subject to the Environmental Planning and Assessment Act 1979. Page 78 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary air transport facility means an airport or a heliport that is not part of an airport, and includes associated communication and air traffic control facilities or structures. airport means a place that is used for the landing, taking off, parking, maintenance or repair of aeroplanes, and includes associated buildings, installations, facilities and movement areas and any heliport that is part of the airport. Note. Airports are a type of air transport facility--see the definition of that term in this Dictionary. airstrip means a single runway for the landing, taking off or parking of aeroplanes for private aviation only, but does not include an airport, heliport or helipad. amusement centre means a building or place (not being part of a pub or registered club) used principally for playing: (a) billiards, pool or other like games, or (b) electronic or mechanical amusement devices, such as pinball machines, computer or video games and the like. animal boarding or training establishment means a building or place used for the breeding, boarding, training, keeping or caring of animals for commercial purposes (other than for the agistment of horses), and includes any associated riding school or ancillary veterinary hospital. aquaculture has the same meaning as in the Fisheries Management Act 1994. Note. Aquaculture is a type of agriculture--see the definition of that term in this Dictionary. archaeological site means a place that contains one or more relics. attached dwelling means a building containing 3 or more dwellings, where: (a) each dwelling is attached to another dwelling by a common wall, and (b) each of the dwellings is on its own lot of land, and (c) none of the dwellings is located above any part of another dwelling. Note. Attached dwellings are a type of residential accommodation--see the definition of that term in this Dictionary. attic means any habitable space, but not a separate dwelling, contained wholly within a roof above the ceiling line of the storey immediately below, except for minor elements such as dormer windows and the like. backpackers' accommodation means a building or place that: (a) provides temporary or short-term accommodation on a commercial basis, and (b) has shared facilities, such as a communal bathroom, kitchen or laundry, and (c) provides accommodation on a bed or dormitory-style basis (rather than by room). Note. Backpackers' accommodation is a type of tourist and visitor accommodation--see the definition of that term in this Dictionary. basement means the space of a building where the floor level of that space is predominantly below ground level (existing) and where the floor level of the storey immediately above is less than 1 metre above ground level (existing). bed and breakfast accommodation means an existing dwelling in which temporary or short-term accommodation is provided on a commercial basis by the permanent residents of the dwelling and where: (a) meals are provided for guests only, and (b) cooking facilities for the preparation of meals are not provided within guests' rooms, and (c) dormitory-style accommodation is not provided. Note. See clause 5.4 for controls relating to the number of bedrooms for bed and breakfast accommodation. Bed and breakfast accommodation is a type of tourist and visitor accommodation--see the definition of that term in this Dictionary. bee keeping means a building or place used for the keeping and breeding of bees for commercial purposes. Note. Bee keeping is a type of extensive agriculture--see the definition of that term in this Dictionary. Page 79 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary biodiversity means biological diversity. biological diversity has the same meaning as in the Threatened Species Conservation Act 1995. Note. The term is defined as follows: biological diversity means the diversity of life and is made up of the following 3 components: (a) genetic diversity--the variety of genes (or units of heredity) in any population, (b) species diversity--the variety of species, (c) ecosystem diversity--the variety of communities or ecosystems. biosolids treatment facility means a building or place used as a facility for the treatment of biosolids from a sewage treatment plant or from a water recycling facility. Note. Biosolids treatment facilities are a type of sewerage system--see the definition of that term in this Dictionary. boarding house means a building that: (a) is wholly or partly let in lodgings, and (b) provides lodgers with a principal place of residence for 3 months or more, and (c) may have shared facilities, such as a communal living room, bathroom, kitchen or laundry, and (d) has rooms, some or all of which may have private kitchen and bathroom facilities, that accommodate one or more lodgers, but does not include backpackers' accommodation, a group home, hotel or motel accommodation, seniors housing or a serviced apartment. Note. Boarding houses are a type of residential accommodation--see the definition of that term in this Dictionary. boat building and repair facility means any facility (including a building or other structure) used primarily for the construction, maintenance or repair of boats, whether or not including the storage, sale or hire of boats, but does not include a marina or boat shed. boat launching ramp means a structure designed primarily for the launching of trailer borne recreational vessels, and includes associated car parking facilities. boat shed means a building or other structure used for the storage and routine maintenance of a boat or boats and that is associated with a private dwelling or non-profit organisation, and includes any skid used in connection with the building or other structure. brothel has the same meaning as in the Act. Note. This definition is relevant to the definitions of home occupation (sex services) and sex services premises in this Dictionary. building has the same meaning as in the Act. Note. The term is defined to include part of a building and any structure or part of a structure, but not including a manufactured home, a moveable dwelling or associated structure (or part of a manufactured home, moveable dwelling or associated structure). building height (or height of building) means the vertical distance between ground level (existing) and the highest point of the building, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like. building identification sign means a sign that identifies or names a building and that may include the name of a building, the street name and number of a building, and a logo or other symbol but does not include general advertising of products, goods or services. Note. Building identification signs are a type of signage--see the definition of that term in this Dictionary. building line or setback means the horizontal distance between the property boundary or other stated boundary (measured at 90 degrees from the boundary) and: (a) a building wall, or (b) the outside face of any balcony, deck or the like, or (c) the supporting posts of a carport or verandah roof, whichever distance is the shortest. Page 80 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary bulky goods premises means a building or place the principal purpose of which is the sale, 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, and (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, and including goods such as floor and window supplies, furniture, household electrical goods, equestrian supplies and swimming pools, 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. Note. Bulky goods premises are a type of retail premises--see the definition of that term in this Dictionary. bush fire hazard reduction work has the same meaning as in the Rural Fires Act 1997. Note. The term is defined as follows: bush fire hazard reduction work means: (a) the establishment or maintenance of fire breaks on land, and (b) the controlled application of appropriate fire regimes or other means for the reduction or modification of available fuels within a predetermined area to mitigate against the spread of a bush fire, but does not include construction of a track, trail or road. bush fire prone land has the same meaning as in the Act. Note. The term is defined, in relation to an area, as land recorded for the time being as bush fire prone land on a map for the area certified as referred to in section 146 (2) of the Act. bush fire risk management plan means a plan prepared under Division 4 of Part 3 of the Rural Fires Act 1997 for the purpose referred to in section 54 of that Act. business identification sign means a sign: (a) that indicates: (i) the name of the person or business, and (ii) the nature of the business carried on by the person at the premises or place at which the sign is displayed, and (b) that may include the address of the premises or place and a logo or other symbol that identifies the business, but that does not contain any advertising relating to a person who does not carry on business at the premises or place. Note. Business identification signs are a type of signage--see the definition of that term in this Dictionary. business premises means a building or place at or on which: (a) an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or (b) a service is provided directly to members of the public on a regular basis, and includes a funeral home and, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, betting agencies and the like, but does not include an entertainment facility, home business, home occupation, home occupation (sex services), medical centre, restricted premises, sex services premises or veterinary hospital. Note. Business premises are a type of commercial premises--see the definition of that term in this Dictionary. camping ground means an area of land that has access to communal amenities and on which campervans or tents, annexes or other similar portable and lightweight temporary shelters are, or are to be, installed, erected or placed for short term use, but does not include a caravan park. canal estate development means development that incorporates wholly or in part a constructed canal, or other waterway or waterbody, that is inundated by or drains to a natural waterway or natural waterbody by surface water or groundwater movement (not being works of drainage, or for the supply or treatment of water, that are constructed by or with the authority of a person or Page 81 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary body responsible for those functions and that are limited to the minimal reasonable size and capacity to meet a demonstrated need for the works), and that either: (a) includes the construction of dwellings (which may include tourist and visitor accommodation) of a kind other than, or in addition to: (i) dwellings that are permitted on rural land, and (ii) dwellings that are used for caretaker or staff purposes, or (b) requires the use of a sufficient depth of fill material to raise the level of all or part of that land on which the dwellings are (or are proposed to be) located in order to comply with requirements relating to residential development on flood prone land. car park means a building or place primarily used for the purpose of parking motor vehicles, including any manoeuvring space and access thereto, whether operated for gain or not. caravan park means land (including a camping ground) on which caravans (or caravans and other moveable dwellings) are, or are to be, installed or placed. catchment action plan has the same meaning as in the Catchment Management Authorities Act 2003. Note. The term is defined as a catchment action plan of an authority that has been approved by the Minister under Part 4 of the Catchment Management Authorities Act 2003. cellar door premises means a building or place that is used to sell wine by retail and that is situated on land on which there is a commercial vineyard, and where most of the wine offered for sale is produced in a winery situated on that land or is produced predominantly from grapes grown in the surrounding area. Note. Cellar door premises are a type of retail premises--see the definition of that term in this Dictionary. cemetery means a building or place used primarily for the interment of deceased persons or pets or their ashes, whether or not it contains an associated building for conducting memorial services. charter and tourism boating facility means any facility (including a building or other structure) used for charter boating or tourism boating purposes, being a facility that is used only by the operators of the facility and that has a direct structural connection between the foreshore and the waterway, but does not include a marina. child care centre means a building or place used for the supervision and care of children that: (a) provides long day care, pre-school care, occasional child care or out-of-school-hours care, and (b) does not provide overnight accommodation for children other than those related to the owner or operator of the centre, but does not include: (c) a building or place used for home-based child care, or (d) an out-of-home care service provided by an agency or organisation accredited by the Children's Guardian, or (e) a baby-sitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or (f) a service provided for fewer than 5 children (disregarding any children who are related to the person providing the service) at the premises at which at least one of the children resides, being a service that is not advertised, or (g) a regular child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium), by or on behalf of the person conducting the facility, to care for children while the children's parents are using the facility, or (h) a service that is concerned primarily with the provision of: (i) lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or (ii) private tutoring, or Page 82 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary a school, or a service provided at exempt premises (within the meaning of Chapter 12 of the Children and Young Persons (Care and Protection) Act 1998), such as hospitals, but only if the service is established, registered or licensed as part of the institution operating on those premises. classified road has the same meaning as in the Roads Act 1993. Note. The term is defined as follows: classified road means any of the following: (a) a main road, (b) a highway, (c) a freeway, (d) a controlled access road, (e) a secondary road, (f) a tourist road, (g) a tollway, (h) a transitway, (i) a State work. (See Roads Act 1993 for meanings of these terms.) (i) (j) clearing native vegetation has the same meaning as in the Native Vegetation Act 2003. Note. The term is defined as follows: clearing native vegetation means any one or more of the following: (a) cutting down, felling, thinning, logging or removing native vegetation, (b) killing, destroying, poisoning, ringbarking, uprooting or burning native vegetation. (See Division 3 of Part 3 of the Native Vegetation Act 2003 for the exclusion of routine agricultural management and other farming activities from constituting the clearing of native vegetation if the landholder can establish that any clearing was carried out for the purpose of those activities.) coastal foreshore means land with frontage to a beach, estuary, coastal lake, headland, cliff or rock platform. coastal hazard has the same meaning as in the Coastal Protection Act 1979. coastal lake means a body of water specified in Schedule 1 to State Environmental Planning Policy No 71--Coastal Protection. coastal protection works has the same meaning as in the Coastal Protection Act 1979. coastal waters of the State--see section 58 of the Interpretation Act 1987. coastal zone has the same meaning as in the Coastal Protection Act 1979. Note. The term is defined as follows: coastal zone means: (a) the area within the coastal waters of the State as defined in Part 10 of the Interpretation Act 1987 (including any land within those waters), and (b) the area of land and the waters that lie between the western boundary of the coastal zone (as shown on the maps outlining the coastal zone) and the landward boundary of the coastal waters of the State, and (c) the seabed (if any) and the subsoil beneath, and the airspace above, the areas referred to in paragraphs (a) and (b). The coastal zone consists of the area between the western boundary of the coastal zone shown on the maps outlining the coastal zone and the outermost boundary of the coastal waters of the State. The coastal waters of the State extend, generally, to 3 nautical miles from the coastline of the State. commercial premises means any of the following: (a) business premises, (b) office premises, (c) retail premises. Page 83 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary community facility means a building or place: (a) owned or controlled by a public authority or non-profit community organisation, and (b) used for the physical, social, cultural or intellectual development or welfare of the community, but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation. community land has the same meaning as in the Local Government Act 1993. correctional centre means: (a) any premises declared to be a correctional centre by a proclamation in force under section 225 of the Crimes (Administration of Sentences) Act 1999, including any juvenile correctional centre or periodic detention centre, and (b) any premises declared to be a detention centre by an order in force under section 5 (1) of the Children (Detention Centres) Act 1987, but does not include any police station or court cell complex in which a person is held in custody in accordance with any Act. Council means the Lithgow City Council. crematorium means a building in which deceased persons or pets are cremated, whether or not it contains an associated building for conducting memorial services. Crown reserve means: (a) a reserve within the meaning of Part 5 of the Crown Lands Act 1989, or (b) a common within the meaning of the Commons Management Act 1989, or (c) lands within the meaning of the Trustees of Schools of Arts Enabling Act 1902, but does not include land that forms any part of a reserve under Part 5 of the Crown Lands Act 1989 provided for accommodation. curtilage, in relation to a heritage item or conservation area, means the area of land (including land covered by water) surrounding a heritage item, a heritage conservation area, or building, work or place within a heritage conservation area, that contributes to its heritage significance. dairy (pasture-based) means a dairy that is conducted on a commercial basis where the only restriction facilities present are milking sheds and holding yards and where cattle are constrained for no more than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief). Note. Dairies (pasture-based) are a type of extensive agriculture--see the definition of that term in this Dictionary. dairy (restricted) means a dairy that is conducted on a commercial basis where restriction facilities (in addition to milking sheds and holding yards) are present and where cattle have access to grazing for less than 10 hours in any 24 hour period (excluding during any period of drought or similar emergency relief). It may comprise the whole or part of a restriction facility. Note. Dairies (restricted) are a type of intensive livestock agriculture--see the definition of that term in this Dictionary. demolish, in relation to a heritage item or an Aboriginal object, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item, Aboriginal object or building, work, relic or tree. depot means a building or place used for the storage (but not sale or hire) of plant, machinery or other goods (that support the operations of an existing undertaking) when not required for use, but does not include a farm building. designated State public infrastructure means public facilities or services that are provided or financed by the State (or if provided or financed by the private sector, to the extent of any financial or in-kind contribution by the State) of the following kinds: (a) State and regional roads, Page 84 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary bus interchanges and bus lanes, land required for regional open space, land required for social infrastructure and facilities (such as land for schools, hospitals, emergency services and justice purposes). drainage means any activity that intentionally alters the hydrological regime of any locality by facilitating the removal of surface or ground water. It may include the construction, deepening, extending, opening, installation or laying of any canal, drain or pipe, either on the land or in such a manner as to encourage drainage of adjoining land. dual occupancy means a dual occupancy (attached) or a dual occupancy (detached). Note. Dual occupancies are a type of residential accommodation--see the definition of that term in this Dictionary. (b) (c) (d) dual occupancy (attached) means 2 dwellings on one lot of land that are attached to each other, but does not include a secondary dwelling. Note. Dual occupancies (attached) are a type of dual occupancy--see the definition of that term in this Dictionary. dual occupancy (detached) means 2 detached dwellings on one lot of land, but does not include a secondary dwelling. Note. Dual occupancies (detached) are a type of dual occupancy--see the definition of that term in this Dictionary. dwelling means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile. dwelling house means a building containing only one dwelling. Note. Dwelling houses are a type of residential accommodation--see the definition of that term in this Dictionary. earthworks means excavation or filling. ecologically sustainable development has the same meaning as in the Act. eco-tourist facility means a building or place that: (a) provides temporary or short-term accommodation to visitors on a commercial basis, and (b) is located in or adjacent to an area with special ecological or cultural features, and (c) is sensitively designed and located so as to minimise bulk, scale and overall physical footprint and any ecological or visual impact. It may include facilities that are used to provide information or education to visitors and to exhibit or display items. Note. See clause 5.13 for requirements in relation to the granting of development consent for eco-tourist facilities. Eco-tourist facilities are not a type of tourist and visitor accommodation--see the definition of that term in this Dictionary. educational establishment means a building or place used for education (including teaching), being: (a) a school, or (b) a tertiary institution, including a university or a TAFE establishment, that provides formal education and is constituted by or under an Act. electricity generating works means a building or place used for the purpose of making or generating electricity. emergency services facility means a building or place (including a helipad) used in connection with the provision of emergency services by an emergency services organisation. emergency services organisation means any of the following: (a) Ambulance Service of New South Wales, (b) Fire and Rescue NSW, Page 85 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary NSW Rural Fire Service, NSW Police Force, State Emergency Service, New South Wales Volunteer Rescue Association Incorporated, New South Wales Mines Rescue Brigade established under the Coal Industry Act 2001, an accredited rescue unit within the meaning of the State Emergency and Rescue Management Act 1989. entertainment facility means a theatre, cinema, music hall, concert hall, dance hall and the like, but does not include a pub or registered club. environmental facility means a building or place that provides for the recreational use or scientific study of natural systems, and includes walking tracks, seating, shelters, board walks, observation decks, bird hides or the like, and associated display structures. environmental protection works means works associated with the rehabilitation of land towards its natural state or any work to protect land from environmental degradation, and includes bush regeneration works, wetland protection works, erosion protection works, dune restoration works and the like, but does not include coastal protection works. Environmentally Sensitive Areas--Biodiversity Overlay Map means the Lithgow Local Environmental Plan 2014 Environmentally Sensitive Areas--Biodiversity Overlay Map. Environmentally Sensitive Areas--Land Overlay Map means the Lithgow Local Environmental Plan 2014 Environmentally Sensitive Areas--Land Overlay Map. Environmentally Sensitive Areas--Water Overlay Map means the Lithgow Local Environmental Plan 2014 Environmentally Sensitive Areas--Water Overlay Map. estuary has the same meaning as in the Water Management Act 2000. Note. The term is defined as follows: estuary means: (a) any part of a river whose level is periodically or intermittently affected by coastal tides, or (b) any lake or other partially enclosed body of water that is periodically or intermittently open to the sea, or (c) anything declared by the regulations (under the Water Management Act 2000) to be an estuary, but does not include anything declared by the regulations (under the Water Management Act 2000) not to be an estuary. (c) (d) (e) (f) (g) (h) excavation means the removal of soil or rock, whether moved to another part of the same site or to another site, but does not include garden landscaping that does not significantly alter the shape, natural form or drainage of the land. exhibition home means a dwelling built for the purposes of the public exhibition and marketing of new dwellings, whether or not it is intended to be sold as a private dwelling after its use for those purposes is completed, and includes any associated sales or home finance office or place used for displays. exhibition village means 2 or more exhibition homes and associated buildings and places used for house and land sales, site offices, advisory services, car parking, food and drink sales and other associated purposes. extensive agriculture means any of the following: (a) the production of crops or fodder (including irrigated pasture and fodder crops) for commercial purposes, (b) the grazing of livestock for commercial purposes, (c) bee keeping, (d) a dairy (pasture-based). Note. Extensive agriculture is a type of agriculture--see the definition of that term in this Dictionary. Page 86 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary extractive industry means the winning or removal of extractive materials (otherwise than from a mine) by methods such as excavating, dredging, tunnelling or quarrying, including the storing, stockpiling or processing of extractive materials by methods such as recycling, washing, crushing, sawing or separating, but does not include turf farming. Note. Extractive industries are not a type of industry--see the definition of that term in this Dictionary. extractive material means sand, soil, gravel, rock or similar substances that are not minerals within the meaning of the Mining Act 1992. Facilities Buffer Zone Map means the Lithgow Local Environmental Plan 2014 Facilities Buffer Zone Map. farm building means a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling. farm stay accommodation means a building or place that provides temporary or short-term accommodation to paying guests on a working farm as a secondary business to primary production. Note. See clause 5.4 for controls relating to the number of bedrooms. Farm stay accommodation is a type of tourist and visitor accommodation--see the definition of that term in this Dictionary. feedlot means a confined or restricted area that is operated on a commercial basis to rear and fatten cattle, sheep or other animals, 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. Note. Feedlots are a type of intensive livestock agriculture--see the definition of that term in this Dictionary. fill means the depositing of soil, rock or other similar extractive material obtained from the same or another site, but does not include: (a) the depositing of topsoil or feature rock imported to the site that is intended for use in garden landscaping, turf or garden bed establishment or top dressing of lawns and that does not significantly alter the shape, natural form or drainage of the land, or (b) the use of land as a waste disposal facility. filming means recording images (whether on film or video tape or electronically or by other means) for exhibition or broadcast (such as by cinema, television or the internet or by other means), but does not include: (a) still photography, or (b) recording images of a wedding ceremony or other private celebration or event principally for the purpose of making a record for the participants in the ceremony, celebration or event, or (c) recording images as a visitor or tourist for non-commercial purposes, or (d) recording for the immediate purposes of a television program that provides information by way of current affairs or daily news. fish has the same meaning as in the Fisheries Management Act 1994. Note. The term is defined as follows: Definition of "fish" (1) Fish means marine, estuarine or freshwater fish or other aquatic animal life at any stage of their life history (whether alive or dead). (2) Fish includes: (a) oysters and other aquatic molluscs, and (b) crustaceans, and (c) echinoderms, and (d) beachworms and other aquatic polychaetes. Page 87 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary (3) (4) Fish also includes any part of a fish. However, fish does not include whales, mammals, reptiles, birds, amphibians or other things excluded from the definition by the regulations under the Fisheries Management Act 1994. flood mitigation work means work designed and constructed for the express purpose of mitigating flood impacts. It involves changing the characteristics of flood behaviour to alter the level, location, volume, speed or timing of flood waters to mitigate flood impacts. Types of works may include excavation, construction or enlargement of any fill, wall, or levee that will alter riverine flood behaviour, local overland flooding, or tidal action so as to mitigate flood impacts. Flood Planning Map means the Lithgow Local Environmental Plan 2014 Flood Planning Map. floor space ratio--see clause 4.5. Floor Space Ratio Map means the Lithgow Local Environmental Plan 2014 Floor Space Ratio Map. [Not adopted. See clause 4.4.] food and drink premises means premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following: (a) a restaurant or cafe, (b) take away food and drink premises, (c) a pub, (d) a small bar. Note. Food and drink premises are a type of retail premises--see the definition of that term in this Dictionary. forestry has the same meaning as forestry operations has for the purposes of Part 5A of the Forestry Act 2012. Note. The term is defined as follows: forestry operations means: (a) logging operations, namely, the cutting and removal of timber from land for the purpose of timber production, or (b) the harvesting of forest products, or (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 (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. Former Boundaries Map means the Lithgow Local Environmental Plan 2014 Former Boundaries Map. freight transport facility means a facility used principally for the bulk handling of goods for transport by road, rail, air or sea, including any facility for the loading and unloading of vehicles, aircraft, vessels or containers used to transport those goods and for the parking, holding, servicing or repair of those vehicles, aircraft or vessels or for the engines or carriages involved. function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility. funeral home means premises that are used to arrange, conduct and cater for funerals and memorial services, whether or not the premises include facilities for the short-term storage, dressing and viewing of bodies of deceased persons. Note. Funeral homes are a type of business premises--see the definition of that term in this Dictionary. Page 88 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary garden centre means a building or place the principal purpose of which is the retail sale of plants and landscaping and gardening supplies and equipment. It may, if ancillary to the principal purpose for which the building or place is used, include a restaurant or cafe and the sale of any the following: (a) outdoor furniture and furnishings, barbecues, shading and awnings, pools, spas and associated supplies, and items associated with the construction and maintenance of outdoor areas, (b) pets and pet supplies, (c) fresh produce. Note. Garden centres are a type of retail premises--see the definition of that term in this Dictionary. general industry means a building or place (other than a heavy industry or light industry) that is used to carry out an industrial activity. Note. General industries are a type of industry--see the definition of that term in this Dictionary. gross floor area means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4 metres above the floor, and includes: (a) the area of a mezzanine, and (b) habitable rooms in a basement or an attic, and (c) any shop, auditorium, cinema, and the like, in a basement or attic, but excludes: (d) any area for common vertical circulation, such as lifts and stairs, and (e) any basement: (i) storage, and (ii) vehicular access, loading areas, garbage and services, and (f) plant rooms, lift towers and other areas used exclusively for mechanical services or ducting, and (g) car parking to meet any requirements of the consent authority (including access to that car parking), and (h) any space used for the loading or unloading of goods (including access to it), and (i) terraces and balconies with outer walls less than 1.4 metres high, and (j) voids above a floor at the level of a storey or storey above. ground level (existing) means the existing level of a site at any point. ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which consent has been granted or that is exempt development. ground level (mean) means, for any site on which a building is situated or proposed, one half of the sum of the highest and lowest levels at ground level (finished) of the outer surface of the external walls of the building. group home means a permanent group home or a transitional group home. Note. Group homes are a type of residential accommodation--see the definition of that term in this Dictionary. group home (permanent) or permanent group home means a dwelling: (a) that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and Page 89 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary that is used to provide permanent household accommodation for people with a disability or people who are socially disadvantaged, but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies. Note. Permanent group homes are a type of group home--see the definition of that term in this Dictionary. (b) group home (transitional) or transitional group home means a dwelling: (a) that is occupied by persons as a single household with or without paid supervision or care and whether or not those persons are related or payment for board and lodging is required, and (b) that is used to provide temporary accommodation for the relief or rehabilitation of people with a disability or for drug or alcohol rehabilitation purposes, or that is used to provide half-way accommodation for persons formerly living in institutions or temporary accommodation comprising refuges for men, women or young people, but does not include development to which State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 applies. Note. Transitional group homes are a type of group home--see the definition of that term in this Dictionary. hardware and building supplies means a building or place the principal purpose of which is the sale or hire of goods or materials, such as household fixtures, timber, tools, paint, wallpaper, plumbing supplies and the like, that are used in the construction and maintenance of buildings and adjacent outdoor areas. Note. Hardware and building supplies are a type of retail premises--see the definition of that term in this Dictionary. hazardous industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), pose a significant risk in the locality: (a) to human health, life or property, or (b) to the biophysical environment. Note. Hazardous industries are a type of heavy industry--see the definition of that term in this Dictionary. hazardous storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), pose a significant risk in the locality: (a) to human health, life or property, or (b) to the biophysical environment. Note. Hazardous storage establishments are a type of heavy industrial storage establishment--see the definition of that term in this Dictionary. headland includes a promontory extending from the general line of the coastline into a large body of water, such as a sea, coastal lake or bay. health care professional means any person registered under an Act for the purpose of providing health care. health consulting rooms means premises comprising one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals at any one time. Note. Health consulting rooms are a type of health services facility--see the definition of that term in this Dictionary. health services facility means a building or place used to provide medical or other services relating to the maintenance or improvement of the health, or the restoration to health, of persons or the prevention of disease in or treatment of injury to persons, and includes any of the following: (a) a medical centre, (b) community health service facilities, Page 90 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary (c) health consulting rooms, (d) patient transport facilities, including helipads and ambulance facilities, (e) hospital. heavy industrial storage establishment means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and that requires separation from other development because of the nature of the processes involved, or the goods, materials, plant or machinery stored, and includes any of the following: (a) a hazardous storage establishment, (b) a liquid fuel depot, (c) an offensive storage establishment. heavy industry means a building or place used to carry out an industrial activity that requires separation from other development because of the nature of the processes involved, or the materials used, stored or produced, and includes: (a) hazardous industry, or (b) offensive industry. It may also involve the use of a hazardous storage establishment or offensive storage establishment. Note. Heavy industries are a type of industry--see the definition of that term in this Dictionary. Height of Buildings Map means the Lithgow Local Environmental Plan 2014 Height of Buildings Map. [Not adopted. See clause 4.3.] helipad means a place not open to the public used for the taking off and landing of helicopters. heliport means a place open to the public that is used for the taking off and landing of helicopters, whether or not it includes: (a) a terminal building, or (b) facilities for the parking, storage or repair of helicopters. Note. Heliports are a type of air transport facility--see the definition of that term in this Dictionary. heritage conservation area means an area of land of heritage significance: (a) shown on the Heritage Map as a heritage conservation area, and (b) the location and nature of which is described in Schedule 5, and includes any heritage items situated on or within that area. heritage conservation management plan means a document prepared in accordance with guidelines prepared by the Division of the Government Service responsible to the Minister administering the Heritage Act 1977 that documents the heritage significance of an item, place or heritage conservation area and identifies conservation policies and management mechanisms that are appropriate to enable that significance to be retained. heritage impact statement means a document consisting of: (a) a statement demonstrating the heritage significance of a heritage item or heritage conservation area, and (b) an assessment of the impact that proposed development will have on that significance, and (c) proposals for measures to minimise that impact. heritage item means a building, work, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5. Note. An inventory of heritage items is also available at the office of the Council. heritage management document means: (a) a heritage conservation management plan, or (b) a heritage impact statement, or Page 91 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area. Heritage Map means the Lithgow Local Environmental Plan 2014 Heritage Map. heritage significance means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value. high technology industry means a building or place predominantly used to carry out an industrial activity that involves any of the following: (a) electronic or micro-electronic systems, goods or components, (b) information technology (such as computer software or hardware), (c) instrumentation or instruments of a scientific, industrial, technological, medical or similar nature, (d) biological, pharmaceutical, medical or paramedical systems, goods or components, (e) film, television or multi-media technologies, including any post production systems, goods or components, (f) telecommunications systems, goods or components, (g) sustainable energy technologies, (h) any other goods, systems or components intended for use in a science or technology related field, but does not include a building or place used to carry out an industrial activity that presents a hazard or potential hazard to the neighbourhood or that, because of the scale and nature of the processes involved, interferes with the amenity of the neighbourhood. Note. High technology industries are a type of light industry--see the definition of that term in this Dictionary. (c) highway service centre means a building or place used to provide refreshments and vehicle services to highway users. It may include any one or more of the following: (a) a restaurant or cafe, (b) take away food and drink premises, (c) service stations and facilities for emergency vehicle towing and repairs, (d) parking for vehicles, (e) rest areas and public amenities. home-based child care means a dwelling used by a resident of the dwelling for the supervision and care of one or more children and that satisfies the following conditions: (a) the service is licensed within the meaning of the Children and Young Persons (Care and Protection) Act 1998, (b) the number of children (including children related to the carer or licensee) does not at any one time exceed 7 children under the age of 12 years, including no more than 5 who do not ordinarily attend school. home business means a business that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve: (a) the employment of more than 2 persons other than those residents, or (b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or (c) the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or (d) the exhibition of any signage (other than a business identification sign), or Page 92 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building, but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises. Note. See clause 5.4 for controls relating to the floor area used for a home business. (e) home industry means a dwelling (or a building ancillary to a dwelling) used by one or more permanent residents of the dwelling to carry out an industrial activity that does not involve any of the following: (a) the employment of more than 2 persons other than those residents, (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, (c) the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, (d) the exhibition of any signage (other than a business identification sign), (e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building, but does not include bed and breakfast accommodation or sex services premises. Note. See clause 5.4 for controls relating to the floor area used for a home industry. Home industries are a type of light industry--see the definition of that term in this Dictionary. home occupation means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve: (a) the employment of persons other than those residents, or (b) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or (c) the display of goods, whether in a window or otherwise, or (d) the exhibition of any signage (other than a business identification sign), or (e) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises. home occupation (sex services) means the provision of sex services in a dwelling that is a brothel, or in a building that is a brothel and is ancillary to such a dwelling, by no more than 2 permanent residents of the dwelling and that does not involve: (a) the employment of persons other than those residents, or (b) interference with the amenity of the neighbourhood by reason of the emission of noise, traffic generation or otherwise, or (c) the exhibition of any signage, or (d) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, but does not include a home business or sex services premises. horticulture means the cultivation of fruits, vegetables, mushrooms, nuts, cut flowers and foliage and nursery products for commercial purposes, but does not include a plant nursery, turf farming or viticulture. Note. Horticulture is a type of intensive plant agriculture--see the definition of that term in this Dictionary. hospital means a building or place used for the purpose of providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, Page 93 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary psychiatric care or care for people with disabilities, or counselling services provided by health care professionals) to people admitted as in-patients (whether or not out-patients are also cared for or treated there), and includes ancillary facilities for (or that consist of) any of the following: (a) day surgery, day procedures or health consulting rooms, (b) accommodation for nurses or other health care workers, (c) accommodation for persons receiving health care or for their visitors, (d) shops, kiosks, restaurants or cafes or take away food and drink premises, (e) patient transport facilities, including helipads, ambulance facilities and car parking, (f) educational purposes or any other health-related use, (g) research purposes (whether or not carried out by hospital staff or health care workers or for commercial purposes), (h) chapels, (i) hospices, (j) mortuaries. Note. Hospitals are a type of health services facility--see the definition of that term in this Dictionary. hostel means premises that are generally staffed by social workers or support providers and at which: (a) residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and (b) cooking, dining, laundering, cleaning and other facilities are provided on a shared basis. Note. Hostels are a type of residential accommodation--see the definition of that term in this Dictionary. hotel or motel accommodation means a building or place (whether or not licensed premises under the Liquor Act 2007) that provides temporary or short-term accommodation on a commercial basis and that: (a) comprises rooms or self-contained suites, and (b) may provide meals to guests or the general public and facilities for the parking of guests' vehicles, but does not include backpackers' accommodation, a boarding house, bed and breakfast accommodation or farm stay accommodation. Note. Hotel or motel accommodation is a type of tourist and visitor accommodation--see the definition of that term in this Dictionary. industrial activity means the manufacturing, production, assembling, altering, formulating, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, transforming, processing, recycling, adapting or servicing of, or the research and development of, any goods, substances, food, products or articles for commercial purposes, and includes any storage or transportation associated with any such activity. industrial retail outlet means a building or place that: (a) is used in conjunction with an industry or rural industry, and (b) is situated on the land on which the industry or rural industry is located, and (c) is used for the display or sale (whether by retail or wholesale) of only those goods that have been manufactured on the land on which the industry or rural industry is located, but does not include a warehouse or distribution centre. Note. See clause 5.4 for controls relating to the retail floor area of an industrial retail outlet. industrial training facility means a building or place used in connection with vocational training in an activity (such as forklift or truck driving, welding or carpentry) that is associated with an industry, rural industry, extractive industry or mining, but does not include an educational establishment, business premises or retail premises. Page 94 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary industry means any of the following: (a) general industry, (b) heavy industry, (c) light industry, but does not include: (d) rural industry, or (e) extractive industry, or (f) mining. information and education facility means a building or place used for providing information or education to visitors, and the exhibition or display of items, and includes an art gallery, museum, library, visitor information centre and the like. intensive livestock agriculture means the keeping or breeding, for commercial purposes, of cattle, poultry, pigs, goats, horses or other livestock that are fed wholly or substantially on externally-sourced feed, and includes any of the following: (a) dairies (restricted), (b) feedlots, (c) piggeries, (d) poultry farms, but does not include extensive agriculture, aquaculture or the operation of facilities for drought or similar emergency relief. Note. Intensive livestock agriculture is a type of agriculture--see the definition of that term in this Dictionary. intensive plant agriculture means any of the following: (a) the cultivation of irrigated crops for commercial purposes (other than irrigated pasture or fodder crops), (b) horticulture, (c) turf farming, (d) viticulture. Note. Intensive plant agriculture is a type of agriculture--see the definition of that term in this Dictionary. jetty means a horizontal decked walkway providing access from the shore to the waterway and is generally constructed on a piered or piled foundation. kiosk means premises that are used for the purposes of selling food, light refreshments and other small convenience items such as newspapers, films and the like. Note. See clause 5.4 for controls relating to the gross floor area of a kiosk. Kiosks are a type of retail premises--see the definition of that term in this Dictionary. Land Application Map means the Lithgow Local Environmental Plan 2014 Land Application Map. Land Reservation Acquisition Map means the Lithgow Local Environmental Plan 2014 Land Reservation Acquisition Map. Land Zoning Map means the Lithgow Local Environmental Plan 2014 Land Zoning Map. landscaped area means a part of a site used for growing plants, grasses and trees, but does not include any building, structure or hard paved area. landscaping material supplies means a building or place used for the storage and sale of landscaping supplies such as soil, gravel, potting mix, mulch, sand, railway sleepers, screenings, rock and the like. Note. Landscaping material supplies are a type of retail premises--see the definition of that term in this Dictionary. Page 95 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary light industry means a building or place used to carry out an industrial activity that does not interfere with the amenity of the neighbourhood by reason of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and includes any of the following: (a) high technology industry, (b) home industry. Note. Light industries are a type of industry--see the definition of that term in this Dictionary. liquid fuel depot means premises used for the bulk storage of petrol, oil, petroleum or other inflammable liquid for wholesale distribution and at which no retail trade is conducted. Note. Liquid fuel depots are a type of heavy industrial storage establishment--see the definition of that term in this Dictionary. livestock processing industry means a building or place used for the commercial production of products derived from the slaughter of animals (including poultry) or the processing of skins or wool of animals, derived principally from surrounding districts, and includes abattoirs, knackeries, tanneries, woolscours and rendering plants. Note. Livestock processing industries are a type of rural industry--see the definition of that term in this Dictionary. Lot Size Map means the Lithgow Local Environmental Plan 2014 Lot Size Map. maintenance, in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but does not include the removal or disturbance of existing fabric, alterations (such as carrying out extensions or additions) or the introduction of new materials or technology. marina means a permanent boat storage facility (whether located wholly on land, wholly on a waterway or partly on land and partly on a waterway), and includes any of the following associated facilities: (a) any facility for the construction, repair, maintenance, storage, sale or hire of boats, (b) any facility for providing fuelling, sewage pump-out or other services for boats, (c) any facility for launching or landing boats, such as slipways or hoists, (d) any car parking or commercial, tourist or recreational or club facility that is ancillary to the boat storage facility, (e) any berthing or mooring facilities. market means an open-air area, or an existing building, that is used for the purpose of selling, exposing or offering goods, merchandise or materials for sale by independent stall holders, and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis. Note. Markets are a type of retail premises--see the definition of that term in this Dictionary. mean high water mark means the position where the plane of the mean high water level of all ordinary local high tides intersects the foreshore, being 1.44m above the zero of Fort Denison Tide Gauge and 0.515m Australian Height Datum. medical centre means premises that are used for the purpose of providing health services (including preventative care, diagnosis, medical or surgical treatment, counselling or alternative therapies) to out-patients only, where such services are principally provided by health care professionals. It may include the ancillary provision of other health services. Note. Medical centres are a type of health services facility--see the definition of that term in this Dictionary. mezzanine means an intermediate floor within a room. mine means any place (including any excavation) where an operation is carried on for mining of any mineral by any method and any place on which any mining related work is carried out, but does not include a place used only for extractive industry. mine subsidence district means a mine subsidence district proclaimed under section 15 of the Mine Subsidence Compensation Act 1961. Page 96 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary mining means mining carried out under the Mining Act 1992 or the recovery of minerals under the Offshore Minerals Act 1999, and includes: (a) the construction, operation and decommissioning of associated works, and (b) the rehabilitation of land affected by mining. Note. Mining is not a type of industry--see the definition of that term in this Dictionary. mixed use development means a building or place comprising 2 or more different land uses. mooring means a detached or freestanding apparatus located on or in a waterway and that is capable of securing a vessel, but does not include a mooring pen. mooring pen means an arrangement of freestanding piles or other restraining devices designed or used for the purpose of berthing a vessel. mortuary means premises that are used, or intended to be used, for the receiving, preparation, embalming and storage of bodies of deceased persons pending their interment or cremation. moveable dwelling has the same meaning as in the Local Government Act 1993. Note. The term is defined as follows: moveable dwelling means: (a) any tent, or any caravan or other van or other portable device (whether on wheels or not), used for human habitation, or (b) a manufactured home, or (c) any conveyance, structure or thing of a class or description prescribed by the regulations (under the Local Government Act 1993) for the purposes of this definition. multi dwelling housing means 3 or more dwellings (whether attached or detached) on one lot of land, each with access at ground level, but does not include a residential flat building. Note. Multi dwelling housing is a type of residential accommodation--see the definition of that term in this Dictionary. native fauna means any animal-life that is indigenous to New South Wales or is known to periodically or occasionally migrate to New South Wales, whether vertebrate (including fish) or invertebrate and in any stage of biological development, but does not include humans. native flora means any plant-life that is indigenous to New South Wales, whether vascular or non-vascular and in any stage of biological development, and includes fungi and lichens, and marine vegetation within the meaning of Part 7A of the Fisheries Management Act 1994. native vegetation has the same meaning as in the Native Vegetation Act 2003. Note. The term is defined as follows: Meaning of "native vegetation" (1) Native vegetation means any of the following types of indigenous vegetation: (a) trees (including any sapling or shrub, or any scrub), (b) understorey plants, (c) groundcover (being any type of herbaceous vegetation), (d) plants occurring in a wetland. (2) Vegetation is indigenous if it is of a species of vegetation, or if it comprises species of vegetation, that existed in the State before European settlement. (3) Native vegetation does not include any mangroves, seagrasses or any other type of marine vegetation to which section 205 of the Fisheries Management Act 1994 applies. navigable waterway means any waterway that is from time to time capable of navigation and is open to or used by the public for navigation, but does not include flood waters that have temporarily flowed over the established bank of a watercourse. neighbourhood shop means premises used for the purposes of selling general merchandise such as foodstuffs, personal care products, newspapers and the like to provide for the day-to-day needs of people who live or work in the local area, and may include ancillary services such as a post office, bank or dry cleaning, but does not include restricted premises. Note. See clause 5.4 for controls relating to the retail floor area of neighbourhood shops. Neighbourhood shops are a type of shop--see the definition of that term in this Dictionary. Page 97 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary nominated State heritage item means a heritage item that: (a) has been identified as an item of State significance in a publicly exhibited heritage study adopted by the Council, and (b) the Council has, by notice in writing to the Heritage Council, nominated as an item of potential State significance. non-potable water means water that does not meet the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council. NSW Coastal Policy means the publication titled NSW Coastal Policy 1997: A Sustainable Future for the New South Wales Coast, published by the Government. offensive industry means a building or place used to carry out an industrial activity that would, when carried out and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the activity from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality. Note. Offensive industries are a type of heavy industry--see the definition of that term in this Dictionary. offensive storage establishment means a building or place that is used for the storage of goods, materials or products and that would, when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the building or place from existing or likely future development on other land in the locality), emit a polluting discharge (including, for example, noise) in a manner that would have a significant adverse impact in the locality or on existing or likely future development on other land in the locality. Note. Offensive storage establishments are a type of heavy industrial storage establishment--see the definition of that term in this Dictionary. office premises means a building or place used for the purpose of administrative, clerical, technical, professional or similar activities that do not include dealing with members of the public at the building or place on a direct and regular basis, except where such dealing is a minor activity (by appointment) that is ancillary to the main purpose for which the building or place is used. Note. Office premises are a type of commercial premises--see the definition of that term in this Dictionary. open cut mining means mining carried out on, and by excavating, the earth's surface, but does not include underground mining. operational land has the same meaning as in the Local Government Act 1993. parking space means a space dedicated for the parking of a motor vehicle, including any manoeuvring space and access to it, but does not include a car park. passenger transport facility means a building or place used for the assembly or dispersal of passengers by any form of transport, including facilities required for parking, manoeuvring, storage or routine servicing of any vehicle that uses the building or place. people who are socially disadvantaged means: (a) people who are disadvantaged because of their alcohol or drug dependence, extreme poverty, psychological disorder or other similar disadvantage, or (b) people who require protection because of domestic violence or upheaval. people with a disability means people of any age who, as a result of having an intellectual, psychiatric, sensory, physical or similar impairment, or a combination of such impairments, either permanently or for an extended period, have substantially limited opportunities to enjoy full and active lives. place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training. plant nursery means a building or place the principal purpose of which is the retail sale of plants that are grown or propagated on site or on an adjacent site. It may include the on-site sale of any Page 98 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary such plants by wholesale and, if ancillary to the principal purpose for which the building or place is used, the sale of landscape and gardening supplies and equipment and the storage of these items. Note. Plant nurseries are a type of retail premises--see the definition of that term in this Dictionary. port facilities means any of the following facilities at or in the vicinity of a designated port within the meaning of section 47 of the Ports and Maritime Administration Act 1995: (a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves, (b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities, (c) wharves for commercial fishing operations, (d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel, (e) sea walls or training walls, (f) administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks. potable water means water that meets the standards or values for drinking water recommended from time to time by the National Health and Medical Research Council. Pottery Estate Development Map means the Lithgow Local Environmental Plan 2014 Pottery Estate Development Map. private open space means an area external to a building (including an area of land, terrace, balcony or deck) that is used for private outdoor purposes ancillary to the use of the building. property vegetation plan has the same meaning as in the Native Vegetation Act 2003. Note. The term is defined as follows: property vegetation plan means a property vegetation plan that has been approved under Part 4 of the Native Vegetation Act 2003. pub means licensed premises under the Liquor Act 2007 the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises. Note. Pubs are a type of food and drink premises--see the definition of that term in this Dictionary. public administration building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes, and includes a courthouse or a police station. public authority has the same meaning as in the Act. public land has the same meaning as in the Local Government Act 1993. Note. The term is defined as follows: public land means any land (including a public reserve) vested in or under the control of the council, but does not include: (a) a public road, or (b) land to which the Crown Lands Act 1989 applies, or (c) a common, or (d) land subject to the Trustees of Schools of Arts Enabling Act 1902, or (e) a regional park under the National Parks and Wildlife Act 1974. public reserve has the same meaning as in the Local Government Act 1993. public utility infrastructure, in relation to an urban release area, includes infrastructure for any of the following: (a) the supply of water, (b) the supply of electricity, (c) the disposal and management of sewage. Page 99 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary public utility undertaking means any of the following undertakings carried on or permitted to be carried on by or by authority of any Government Department or under the authority of or in pursuance of any Commonwealth or State Act: (a) railway, road transport, water transport, air transport, wharf or river undertakings, (b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services, and a reference to a person carrying on a public utility undertaking includes a reference to a council, electricity supply authority, Government Department, corporation, firm or authority carrying on the undertaking. rainwater tank means a tank designed for the storage of rainwater gathered on the land on which the tank is situated. recreation area means a place used for outdoor recreation that is normally open to the public, and includes: (a) a children's playground, or (b) an area used for community sporting activities, or (c) a public park, reserve or garden or the like, and any ancillary buildings, but does not include a recreation facility (indoor), recreation facility (major) or recreation facility (outdoor). recreation facility (indoor) means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club. recreation facility (major) means a building or place used for large-scale sporting or recreation activities that are attended by large numbers of people whether regularly or periodically, and includes theme parks, sports stadiums, showgrounds, racecourses and motor racing tracks. recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major). Reduced Level (RL) means height above the Australian Height Datum, being the datum surface approximating mean sea level that was adopted by the National Mapping Council of Australia in May 1971. registered club means a club that holds a club licence under the Liquor Act 2007. relic has the same meaning as in the Heritage Act 1977. Note. The term is defined as follows: relic means any deposit, artefact, object or material evidence that: (a) relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and (b) is of State or local heritage significance. research station means a building or place operated by a public authority for the principal purpose of agricultural, environmental, fisheries, forestry, minerals or soil conservation research, and includes any associated facility for education, training, administration or accommodation. residential accommodation means a building or place used predominantly as a place of residence, and includes any of the following: (a) attached dwellings, (b) boarding houses, Page 100 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary (c) dual occupancies, (d) dwelling houses, (e) group homes, (f) hostels, (g) multi dwelling housing, (h) residential flat buildings, (i) rural workers' dwellings, (j) secondary dwellings, (k) semi-detached dwellings, (l) seniors housing, (m) shop top housing, but does not include tourist and visitor accommodation or caravan parks. residential care facility means accommodation for seniors or people with a disability that includes: (a) meals and cleaning services, and (b) personal care or nursing care, or both, and (c) appropriate staffing, furniture, furnishings and equipment for the provision of that accommodation and care, but does not include a dwelling, hostel, hospital or psychiatric facility. Note. Residential care facilities are a type of seniors housing--see the definition of that term in this Dictionary. residential flat building means a building containing 3 or more dwellings, but does not include an attached dwelling or multi dwelling housing. Note. Residential flat buildings are a type of residential accommodation--see the definition of that term in this Dictionary. resource recovery facility means a building or place used for the recovery of resources from waste, including works or activities such as separating and sorting, processing or treating the waste, composting, temporary storage, transfer or sale of recovered resources, energy generation from gases and water treatment, but not including re-manufacture or disposal of the material by landfill or incineration. Note. Resource recovery facilities are a type of waste or resource management facility--see the definition of that term in this Dictionary. respite day care centre means a building or place that is used for the care of seniors or people who have a disability and that does not provide overnight accommodation for people other than those related to the owner or operator of the centre. restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided. Note. Restaurants or cafes are a type of food and drink premises--see the definition of that term in this Dictionary. restricted premises means premises that, due to their nature, restrict access to patrons or customers over 18 years of age, and includes sex shops and similar premises, but does not include a pub, hotel or motel accommodation, home occupation (sex services) or sex services premises. restriction facilities means facilities where animals are constrained for management purposes, including milking sheds, pads, feed stalls, holding yards and paddocks where the number of livestock exceeds the ability of vegetation to recover from the effects of grazing in a normal growing season, but does not include facilities for drought or similar emergency relief. Page 101 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary retail premises means a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out, whether the items are goods or materials (or whether also sold by wholesale), and includes any of the following: (a) bulky goods premises, (b) cellar door premises, (c) food and drink premises, (d) garden centres, (e) hardware and building supplies, (f) kiosks, (g) landscaping material supplies, (h) markets, (i) plant nurseries, (j) roadside stalls, (k) rural supplies, (l) shops, (m) timber yards, (n) vehicle sales or hire premises, but does not include highway service centres, service stations, industrial retail outlets or restricted premises. Note. Retail premises are a type of commercial premises--see the definition of that term in this Dictionary. road means a public road or a private road within the meaning of the Roads Act 1993, and includes a classified road. roadside stall means a place or temporary structure used for the retail sale of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property. Note. See clause 5.4 for controls relating to the gross floor area of roadside stalls. Roadside stalls are a type of retail premises--see the definition of that term in this Dictionary. rural industry means the handling, treating, production, processing, storage or packing of animal or plant agricultural products for commercial purposes, and includes any of the following: (a) agricultural produce industries, (b) livestock processing industries, (c) composting facilities and works (including the production of mushroom substrate), (d) sawmill or log processing works, (e) stock and sale yards, (f) the regular servicing or repairing of plant or equipment used for the purposes of a rural enterprise. Note. Rural industries are not a type of industry--see the definition of that term in this Dictionary. rural supplies means a building or place used for the display, sale or hire of stockfeeds, grains, seed, fertilizers, veterinary supplies and other goods or materials used in farming and primary industry production. Note. Rural supplies are a type of retail premises--see the definition of that term in this Dictionary. rural worker's dwelling means a building or place that is additional to a dwelling house on the same lot and that is used predominantly as a place of residence by persons employed, whether on a long-term or short-term basis, for the purpose of agriculture or a rural industry on that land. Note. Rural workers' dwellings are a type of residential accommodation--see the definition of that term in this Dictionary. Page 102 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary sawmill or log processing works means a building or place used for handling, cutting, chipping, pulping or otherwise processing logs, baulks, branches or stumps, principally derived from surrounding districts, into timber or other products derived from wood. Note. Sawmill or log processing works are a type of rural industry--see the definition of that term in this Dictionary. school means a government school or non-government school within the meaning of the Education Act 1990. Note. Schools are a type of educational establishment--see the definition of that term in this Dictionary. secondary dwelling means a self-contained dwelling that: (a) is established in conjunction with another dwelling (the principal dwelling), and (b) is on the same lot of land as the principal dwelling, and (c) is located within, or is attached to, or is separate from, the principal dwelling. Note. See clause 5.4 for controls relating to the total floor area of secondary dwellings. Secondary dwellings are a type of residential accommodation--see the definition of that term in this Dictionary. self-storage units means premises that consist of individual enclosed compartments for storing goods or materials (other than hazardous or offensive goods or materials). Note. Self-storage units are a type of storage premises--see the definition of that term in this Dictionary. semi-detached dwelling means a dwelling that is on its own lot of land and is attached to only one other dwelling. Note. Semi-detached dwellings are a type of residential accommodation--see the definition of that term in this Dictionary. seniors housing means a building or place that is: (a) a residential care facility, or (b) a hostel within the meaning of clause 12 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, or (c) a group of self-contained dwellings, or (d) a combination of any of the buildings or places referred to in paragraphs (a)­(c), and that is, or is intended to be, used permanently for: (e) seniors or people who have a disability, or (f) people who live in the same household with seniors or people who have a disability, or (g) staff employed to assist in the administration of the building or place or in the provision of services to persons living in the building or place, but does not include a hospital. Note. Seniors housing is a type of residential accommodation--see the definition of that term in this Dictionary. service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following: (a) the ancillary sale by retail of spare parts and accessories for motor vehicles, (b) the cleaning of motor vehicles, (c) installation of accessories, (d) inspecting, repairing and servicing of motor vehicles (other than body building, panel beating, spray painting, or chassis restoration), (e) the ancillary retail selling or hiring of general merchandise or services or both. serviced apartment means a building (or part of a building) providing self-contained accommodation to tourists or visitors on a commercial basis and that is regularly serviced or Page 103 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary cleaned by the owner or manager of the building or part of the building or the owner's or manager's agents. Note. Serviced apartments are a type of tourist and visitor accommodation--see the definition of that term in this Dictionary. sewage reticulation system means a building or place used for the collection and transfer of sewage to a sewage treatment plant or water recycling facility for treatment, or transfer of the treated waste for use or disposal, including associated: (a) pipelines and tunnels, and (b) pumping stations, and (c) dosing facilities, and (d) odour control works, and (e) sewage overflow structures, and (f) vent stacks. Note. Sewage reticulation systems are a type of sewerage system--see the definition of that term in this Dictionary. sewage treatment plant means a building or place used for the treatment and disposal of sewage, whether or not the facility supplies recycled water for use as an alternative water supply. Note. Sewage treatment plants are a type of sewerage system--see the definition of that term in this Dictionary. sewerage system means any of the following: (a) biosolids treatment facility, (b) sewage reticulation system, (c) sewage treatment plant, (d) water recycling facility, (e) a building or place that is a combination of any of the things referred to in paragraphs (a)­(d). sex services means sexual acts or sexual services in exchange for payment. sex services premises means a brothel, but does not include home occupation (sex services). shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop, but does not include food and drink premises or restricted premises. Note. Shops are a type of retail premises--see the definition of that term in this Dictionary. shop top housing means one or more dwellings located above ground floor retail premises or business premises. Note. Shop top housing is a type of residential accommodation--see the definition of that term in this Dictionary. signage means any sign, notice, device, representation or advertisement that advertises or promotes any goods, services or events and any structure or vessel that is principally designed for, or that is used for, the display of signage, and includes any of the following: (a) an advertising structure, (b) a building identification sign, (c) a business identification sign, but does not include a traffic sign or traffic control facilities. site area means the area of any land on which development is or is to be carried out. The land may include the whole or part of one lot, or more than one lot if they are contiguous to each other, but Page 104 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary does not include the area of any land on which development is not permitted to be carried out under this Plan. Note. The effect of this definition is varied by clause 4.5 for the purpose of the determination of permitted floor space area for proposed development. site coverage means the proportion of a site area covered by buildings. However, the following are not included for the purpose of calculating site coverage: (a) any basement, (b) any part of an awning that is outside the outer walls of a building and that adjoins the street frontage or other site boundary, (c) any eaves, (d) unenclosed balconies, decks, pergolas and the like. small bar means a small bar within the meaning of the Liquor Act 2007. Note. Small bars are a type of food and drink premises--see the definition of that term in this Dictionary. spa pool has the same meaning as in the Swimming Pools Act 1992. Note. The term is defined to include any excavation, structure or vessel in the nature of a spa pool, flotation tank, tub or the like. stock and sale yard means a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock. Note. Stock and sale yards are a type of rural industry--see the definition of that term in this Dictionary. storage premises means a building or place used for the storage of goods, materials, plant or machinery for commercial purposes and where the storage is not ancillary to any industry, business premises or retail premises on the same parcel of land, and includes self-storage units, but does not include a heavy industrial storage establishment or a warehouse or distribution centre. storey means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include: (a) a space that contains only a lift shaft, stairway or meter room, or (b) a mezzanine, or (c) an attic. swimming pool has the same meaning as in the Swimming Pools Act 1992. Note. The term is defined as follows: swimming pool means an excavation, structure or vessel: (a) that is capable of being filled with water to a depth of 300 millimetres or more, and (b) that is solely or principally used, or that is designed, manufactured or adapted to be solely or principally used, for the purpose of swimming, wading, paddling or any other human aquatic activity, and includes a spa pool, but does not include a spa bath, anything that is situated within a bathroom or anything declared by the regulations made under the Swimming Pools Act 1992 not to be a swimming pool for the purposes of that Act. take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises. Note. Take away food and drink premises are a type of food and drink premises--see the definition of that term in this Dictionary. telecommunications facility means: (a) any part of the infrastructure of a telecommunications network, or (b) any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or (c) any other thing used in or in connection with a telecommunications network. Page 105 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary telecommunications network means a system, or series of systems, that carries, or is capable of carrying, communications by means of guided or unguided electromagnetic energy, or both. temporary structure has the same meaning as in the Act. Note. The term is defined as follows: temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure. the Act means the Environmental Planning and Assessment Act 1979. timber yard means a building or place the principal purpose of which is the sale of sawn, dressed or treated timber, wood fibre boards or similar timber products. It may include the cutting of such timber, boards or products to order and the sale of hardware, paint, tools and materials used in conjunction with the use and treatment of timber. Note. Timber yards are a type of retail premises--see the definition of that term in this Dictionary. tourist and visitor accommodation means a building or place that provides temporary or short-term accommodation on a commercial basis, and includes any of the following: (a) backpackers' accommodation, (b) bed and breakfast accommodation, (c) farm stay accommodation, (d) hotel or motel accommodation, (e) serviced apartments, but does not include: (f) camping grounds, or (g) caravan parks, or (h) eco-tourist facilities. transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a business, industry, shop or passenger or freight transport undertaking. truck depot means a building or place used for the servicing and parking of trucks, earthmoving machinery and the like. turf farming means the commercial cultivation of turf for sale and the removal of turf for that purpose. Note. Turf farming is a type of intensive plant agriculture--see the definition of that term in this Dictionary. underground mining means: (a) mining carried out beneath the earth's surface, including bord and pillar mining, longwall mining, top-level caving, sub-level caving and auger mining, and (b) shafts, drill holes, gas and water drainage works, surface rehabilitation works and access pits associated with that mining (whether carried out on or beneath the earth's surface), but does not include open cut mining. urban release area means the area of land identified as "Urban Release Area" on the Urban Release Area Map. Urban Release Area Map means the Lithgow Local Environmental Plan 2014 Urban Release Area Map. vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel building, panel beating, spray painting or chassis restoration. vehicle repair station means a building or place used for the purpose of carrying out repairs to, or the selling and fitting of accessories to, vehicles or agricultural machinery, but does not include a vehicle body repair workshop or vehicle sales or hire premises. Page 106 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary vehicle sales or hire premises means a building or place used for the display, sale or hire of motor vehicles, caravans, boats, trailers, agricultural machinery and the like, whether or not accessories are sold or displayed there. Note. Vehicle sales or hire premises are a type of retail premises--see the definition of that term in this Dictionary. veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment. viticulture means the cultivation of grapes for use in the commercial production of fresh or dried fruit or wine. Note. Viticulture is a type of intensive plant agriculture--see the definition of that term in this Dictionary. warehouse or distribution centre means a building or place used mainly or exclusively for storing or handling items (whether goods or materials) pending their sale, but from which no retail sales are made. waste disposal facility means a building or place used for the disposal of waste by landfill, incineration or other means, including such works or activities as recycling, resource recovery and other resource management activities, energy generation from gases, leachate management, odour control and the winning of extractive material to generate a void for disposal of waste or to cover waste after its disposal. Note. Waste disposal facilities are a type of waste or resource management facility--see the definition of that term in this Dictionary. waste or resource management facility means any of the following: (a) a resource recovery facility, (b) a waste disposal facility, (c) a waste or resource transfer station, (d) a building or place that is a combination of any of the things referred to in paragraphs (a)­(c). waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport. Note. Waste or resource transfer stations are a type of waste or resource management facility--see the definition of that term in this Dictionary. water recreation structure means a structure used primarily for recreational purposes that has a direct structural connection between the shore and the waterway, and may include a pier, wharf, jetty or boat launching ramp. water recycling facility means a building or place used for the treatment of sewage effluent, stormwater or waste water for use as an alternative supply to mains water, groundwater or river water (including, in particular, sewer mining works), whether the facility stands alone or is associated with other development, and includes associated: (a) retention structures, and (b) treatment works, and (c) irrigation schemes. Note. Water recycling facilities are a type of sewerage system--see the definition of that term in this Dictionary. water reticulation system means a building or place used for the transport of water, including pipes, tunnels, canals, pumping stations, related electricity infrastructure, dosing facilities and water supply reservoirs. Note. Water reticulation systems are a type of water supply system--see the definition of that term in this Dictionary. Page 107 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary water storage facility means a dam, weir or reservoir for the collection and storage of water, and includes associated monitoring or gauging equipment. Note. Water storage facilities are a type of water supply system--see the definition of that term in this Dictionary. water supply system means any of the following: (a) a water reticulation system, (b) a water storage facility, (c) a water treatment facility, (d) a building or place that is a combination of any of the things referred to in paragraphs (a)­(c). water treatment facility means a building or place used for the treatment of water (such as a desalination plant or a recycled or reclaimed water plant) whether the water produced is potable or not, and includes residuals treatment, storage and disposal facilities, but does not include a water recycling facility. Note. Water treatment facilities are a type of water supply system--see the definition of that term in this Dictionary. waterbody means a waterbody (artificial) or waterbody (natural). waterbody (artificial) or artificial waterbody means an artificial body of water, including any constructed waterway, canal, inlet, bay, channel, dam, pond, lake or artificial wetland, but does not include a dry detention basin or other stormwater management construction that is only intended to hold water intermittently. waterbody (natural) or natural waterbody means a natural body of water, whether perennial or intermittent, fresh, brackish or saline, the course of which may have been artificially modified or diverted onto a new course, and includes a river, creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal waters (including the sea). watercourse means any river, creek, stream or chain of ponds, whether artificially modified or not, in which water usually flows, either continuously or intermittently, in a defined bed or channel, but does not include a waterbody (artificial). waterway means the whole or any part of a watercourse, wetland, waterbody (artificial) or waterbody (natural). wetland means: (a) natural wetland, including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or (b) artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities. wharf or boating facilities means a wharf or any of the following facilities associated with a wharf or boating that are not port facilities: (a) facilities for the embarkation or disembarkation of passengers onto or from any vessels, including public ferry wharves, (b) facilities for the loading or unloading of freight onto or from vessels and associated receival, land transport and storage facilities, (c) wharves for commercial fishing operations, (d) refuelling, launching, berthing, mooring, storage or maintenance facilities for any vessel, Page 108 Published LW 19 December 2014 (2014 No 824) Lithgow Local Environmental Plan 2014 [NSW] Dictionary sea walls or training walls, administration buildings, communication, security and power supply facilities, roads, rail lines, pipelines, fencing, lighting or car parks. wholesale supplies means a building or place used for the display, sale or hire of goods or materials by wholesale only to businesses that have an Australian Business Number registered under the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth. (e) (f) Page 109 Published LW 19 December 2014 (2014 No 824)