South Sydney Local Environmental Plan 1998
Current version for 14 December 2012 to date (accessed 22 May 2013 at 03:51)
Schedule 1

Schedule 1 Definitions

(Clause 5)

In this Plan:

Aboriginal heritage significance means cultural significance of an item, site, place, area or object to indigenous inhabitants of New South Wales.

Aboriginal places means natural sacred sites. They include natural features such as creeks or mountains of significance, as well as initiation, ceremonial or story places of more contemporary places or areas of cultural significance such as Aboriginal Missions and post-contact sites.

Aboriginal site means any place which has the physical remains or prehistoric occupation, or is of contemporary significance to the Aboriginal people. A site can include items and remnants of the occupation of the land by Aboriginal people such as burial places, engraving sites, midden deposits, scarred and carved trees and sharpening grooves.

Act means the Environmental Planning and Assessment Act 1979.

adaptation means modifying a place to suit proposed compatible uses.

advertisement means a notice, device or representation intended to publicise goods, services, or any other matter, visible from any public place or public reserve or from any navigable water, but does not include a display or notice placed inside a window for the purpose of viewing from outside the premises.

advertising structure means a structure used or intended to be used principally for the display of an advertisement.

alter means, in relation to:

(a)  a heritage item:
(i)  the making of external structural or non-structural changes, but not maintenance, or
(ii)  the making of internal structural or non-structural changes, but not maintenance, office partitioning, floor covering or painting, or
(b)  a building, work, relic or place within a heritage conservation area or a heritage streetscape area—the making of external structural or non-structural changes, but not maintenance.

amusement centre means a building or place used principally for playing:

(a)  billiards, pool or other like games, or
(b)  electrically or mechanically operated amusement devices, such as pinball machines, video games and the like,
but does not include a building or place used primarily for other purposes.

appointed day means the day on which this plan takes effect.

archaeological site means a site known to the Council to have archaeological significance.

backpackers’ hostel means a building having an average of two or more beds in each room and providing temporary shared accommodation for travellers and tourists who have their principal place of residence elsewhere, but (in Part 3) does not include a building elsewhere defined in this Schedule.

bed and breakfast means a dwelling house which provides short-term accommodation for not more than 6 persons, and incorporates common facilities for the provision of meals, but does not include a backpackers’ hostel, boarding house, serviced apartment, private hotel, hotel or motel.

boarding house means a building wholly or partly let in lodgings which provides lodgers with a principal place of residence, but does not include a backpackers’ hostel, bed and breakfast, serviced apartment, private hotel, hotel or motel.

bulky goods retailing means the retailing of large goods such as furniture, do-it-yourself home improvement materials and the like which generate a low return per unit floor area and which are of such a size and shape as to require:

(a)  a large area for handling, storage or display, and
(b)  easy and direct vehicular access to enable the goods to be collected by customers after sale.

car parking station means a building or place primarily used for parking motor vehicles (whether on a casual or permanent basis) in exchange for payment.

car repair station means a building or place used for carrying out repairs to motor vehicles or agricultural machinery, but not used for:

(a)  body building, or
(b)  panel beating involving dismantling, or
(c)  spray painting (except for touching up).

child care centre means a building or place used for educating, minding or caring for children, catering for six or more children, but does not include an educational establishment.

club means a building or place used for the gathering of persons for social, literary, political, sporting, athletic or other lawful purposes and which is or is intended to be registered under the Registered Clubs Act 1976.

commercial premises means a building or place used as an office or for other business or commercial purposes, but (in Part 3) does not include a building or place elsewhere specifically defined in this clause, or a building or place used for a purpose elsewhere specifically defined in this Schedule.

commercial sign means an advertisement which contains only:

(a)  a reference to the identity or a description of any person residing or carrying out an occupation at a place or premises, or
(b)  a reference to the identity or a description of a place or premises, or
(c)  particulars of any occupations carried on at a place or premises, or
(d)  such directions or cautions as are usual or necessary relating to a place or premises or any occupation carried on at the place or premises, or
(e)  particulars or notifications required or permitted to be displayed by or under any Act or any Act of the Parliament of the Commonwealth, or
(f)  particulars relating to the goods, commodities or services dealt with or provided at a place or premises, or
(g)  a notice that a place or premises is or are for sale or letting, together with particulars of the sale or letting, or
(h)  particulars of any activities held or to be held at a place or premises.

communication device means a satellite communication dish or similar structure, or a television antenna or radio transmission mast or aerial, with a maximum dimension of no more than 5 metres.

community centre means a building or place that is owned or controlled by the Council and used for the physical, social, cultural or intellectual development and welfare of the local community.

compatible use means a use which involves either no change to the culturally significant fabric or changes which are substantially reversible, or which result in a minimal impact.

conservation means all the processes of looking after a place so as to retain its cultural significance. It includes maintenance and may, according to the circumstances, include preservation, restoration, reconstruction and adaptation and will be commonly a combination of more than one of these.

conservation instrument means an interim conservation order or a permanent conservation order, being an order made pursuant to Part 3 of the Heritage Act 1977.

conservation management plan means a document establishing the heritage significance of a heritage item, place, heritage conservation area or streetscape within a heritage streetscape area and the conservation policies and management mechanisms which would be appropriate to enable that significance to be retained. It should be prepared in accordance with the guidelines set out in the Conservation Management Documents in the NSW Heritage Manual published by the NSW Heritage Office and Department of Urban Affairs and Planning.

conservation study means a document establishing the significance of a heritage item and identifying the conservation policies and management mechanisms that are appropriate to enable that significance to be retained in the future use and development of that item.

Council means the Council of the City of Sydney.

cultural significance means aesthetic, historic, scientific or social value for past, present or future generations.

demolition, in relation to a heritage item or to a building or work within a heritage conservation area, means the damaging, defacing, destruction, pulling down or removal of the heritage item, building or work, in whole or in part.

depot means a building or place used for the servicing, repair and garaging of vehicles and other equipment and the storage of materials used by a public authority.

development site, within Green Square, means a site (or a grouping of sites) that was in common ownership at the date of commencement of Division 2 of Part 4, and for which a masterplan is required.

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 one, but not more than one, dwelling on an allotment and includes what is commonly known as a terrace house.

ecological sustainability, in an urban environment context, is a characteristic that is based on the philosophy of conserving and recycling resources to contribute to the restoration of underlying ecological processes on which all life depends. It involves the integration of ecological processes such as on-site stormwater absorption, soil conservation, grey water recycling, renewable energy harvesting, natural habitat and air quality, with the social, cultural and economic dimensions of human activities to achieve high levels of overall performance.

educational establishment means a building used as a school, college, academy, lecture hall, gallery or museum, not used primarily to sell the items displayed in the building, but does not include a building used wholly or principally as an institution.

environmental heritage means those buildings, works, relics or places of historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance for the City of South Sydney.

equipment hire centre means a building or place used to hire out and store a range of tools and equipment and to repair and service that equipment.

fabric means all the physical material of a place.

floor means the space within a building which is situated between one floor level and the next floor level above or, if there is no floor above, the ceiling or roof above.

generating works means a building or place used for the purpose of making or generating gas, electricity or other forms of energy.

Green Square means land shown edged red on the map marked “State Environmental Planning Policy No 70—Affordable Housing (Revised Schemes)—Green Square Boundary Map”.

Green Square Town Centre means the land shown edged green on the map marked “South Sydney Local Environmental Plan 1998 (Amendment No 17)—Green Square Town Centre—Zoning”.

gross floor area means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1,400 millimetres above each floor level, excluding:

(a)  columns, fin walls, shade devices, and any elements, projections or works outside the general lines of the outer face of the external wall, and
(b)  lift towers, cooling towers, machinery and associated plant rooms, and ancillary storage space and vertical air conditioning ducts, and
(c)  car, coach and bicycle parking so as to comply with the maximum requirements of the Council’s applicable development control plan and any internal access to that parking, and
(d)  space for the loading and unloading of goods (but not in the case of warehouses or distribution centres).

hazardous industry means an industry which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate it from existing or likely future development on other land in the locality), would pose a significant risk, in relation to the locality:

(a)  to human health, life or property, or
(b)  to the biophysical environment,
but (in Part 3) does not include any form of industry defined elsewhere in this Schedule.

hazardous storage establishment means any establishment where goods, materials or products are stored and which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on the other land in the locality), would pose a significant risk, in relation to the locality:

(a)  to human health, life or property, or
(b)  to the biophysical environment,
but (in Part 3) does not include any form of storage establishment, or warehouse or distribution centre defined elsewhere in this Schedule.

health care professional means a person who provides professional health services to members of the public and includes:

(a)  a podiatrist registered under the Podiatrists Act 1989, and
(b)  a chiropractor or osteopath or chiropractor and osteopath registered under the Chiropractors and Osteopaths Act 1991, and
(c)  a physiotherapist registered under the Physiotherapists Registration Act 1945, and
(d)  an optometrist registered under the Optometrists Act 1930.

helipad means an area or place not open to public use which is authorised by the Commonwealth Department of Transport and Regional Development and which is set apart for the taking off and landing of helicopters.

heliport means an area or place open to public use which is licensed by the Commonwealth Department of Transport and Regional Development for use by helicopters and includes terminal buildings and facilities for the parking, servicing and repair of helicopters.

heritage conservation area means an area that is described in Schedule 2A, including buildings, works, relics, trees and places situated on or within that land, and identified on any of the maps marked as follows:

Editorial note. The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.

South Sydney Local Environmental Plan 1998 (Amendment No 3)—Heritage Conservation

South Sydney Local Environmental Plan 1998 (Amendment No 9)—Sheet 1

heritage item means a building, work, relic, tree or place that is described in Schedule 2 and identified on any of the maps marked as follows:

Editorial note. The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.

South Sydney Local Environmental Plan 1998 (Amendment No 3)—Heritage Conservation

South Sydney Local Environmental Plan 1998 (Amendment No 7)—Green Square—Heritage

South Sydney Local Environmental Plan 1998 (Amendment No 9)—Sheet 1

South Sydney Local Environmental Plan 1998 (Amendment No 11)—Green Square—Heritage

South Sydney Local Environmental Plan 1998 (Amendment No 16)

South Sydney Local Environmental Plan 1998 (Amendment No 17)—Green Square Town Centre—Heritage Conservation

heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.

heritage streetscape area means an area that is described in Schedule 2B, including buildings, works, relics, trees and places situated on or within that land, and identified on any of the maps marked as follows:

Editorial note. The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.

South Sydney Local Environmental Plan 1998 (Amendment No 3)—Heritage Conservation

South Sydney Local Environmental Plan 1998 (Amendment No 9)—Sheet 1

high technology industry means an enterprise which has as its primary function the manufacture, development, production, processing or assembly of, or research into, any of the following:

(a)  electronic and micro-electronic systems, goods and components,
(b)  information technology, computer software and hardware,
(c)  instrumentation and instruments,
(d)  biological, pharmaceutical, medical or paramedical systems, goods and components,
(e)  other goods, systems and components intended for use in science and technology.

home business means a business carried on, in a building which is or contains a dwelling house or another dwelling, or is within the site area of a dwelling house or another dwelling, by the permanent residents of the dwelling house or other dwelling which does not involve:

(a)  the registration of the building, dwelling house or other dwelling under the Factories, Shops and Industries Act 1962, or
(b)  the employment of persons other than those residents (either on the site or having a base at the site), or
(c)  interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, or
(d)  interference with the amenity of the neighbourhood due to:
(i)  the generation of excessive vehicular traffic, or
(ii)  the attraction of an excessive number of customers or clients, or
(iii)  the reduction of car parking in the vicinity of the site, or
(e)  the display of goods, whether in a window or otherwise, or
(f)  the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling house or other dwelling to indicate the name and occupation of the residents), or
(g)  the sale of goods by retail from the site.

home industry means an industry carried on in a building (other than a dwelling house or another dwelling) under the following circumstances:

(a)  the activity does not occupy a floor space exceeding 50 square metres, and the building is erected within the site area of the dwelling house or other dwelling occupied by the person carrying on the industry or on land owned by that person and adjoining the land on which the dwelling house or other dwelling is erected, and
(b)  the industry does not:
(i)  interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, or
(ii)  interfere with the amenity of the neighbourhood due to:
(A)  the generation of excessive vehicular traffic, or
(B)  the attraction of an excessive number of customers or clients, or
(C)  the reduction of car parking in the vicinity of the site,
(iii)  involve exposure to view from any adjacent premises or from any public place of any unsightly matter, or
(iv)  require the provision of any essential service main of a greater capacity than that available in the locality, or
(v)  involve the sale of goods by retail from the site,
(vi)  involve the employment of persons other than those residents (either on the site, or having a base at the site),
but (in Part 3) does not include any form of industry defined elsewhere in this Schedule.

hospital means a building or place (other than an institution) used for providing professional health care services (such as preventative or convalescent care, diagnosis, medical or surgical treatment, care for people with developmental disabilities, psychiatric care or counselling and 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:

(a)  ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or restaurants, and ancillary accommodation for persons receiving health care or for their visitors, and
(b)  facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers.

hotel means premises specified in a hotelier’s licence granted under the Liquor Act 1982.

industry means an undertaking involving the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or articles for commercial purposes, but (in Part 3) does not include any form of industry defined elsewhere in this Schedule.

institution means a penal or reformative establishment.

light industry means an industry in which the processes carried on, the transportation involved or the machinery or materials used, do not interfere unreasonably with the amenity of the neighbourhood, but (in Part 3) does not include any form of industry defined elsewhere in this Schedule.

liquid fuel depot means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid.

local business means a business that would be a home business except that it involves the employment of not more than two person other than the residents concerned (either on the site of the business or having a base at the site).

local shop means a shop which operates primarily to serve the surrounding residential area and does not exceed 60 square metres in gross floor area.

maintenance, in relation to a heritage item or a building, work, archaeological site, tree or place within a heritage conservation area or within a heritage streetscape area, means ongoing protective care. It 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.

major special event means:

(a)  a sporting event which may include training, competition or demonstrations, or
(b)  a cultural event which may include exhibitions, displays, performing arts, community festivals, fairs or carnivals, or
(c)  a recreational event which may include various forms of organised performances, circuses, games or amusements, or
(d)  an educational event which may include various forms of organised teaching, demonstration or display,
and which is not a market, and:
(e)  at which (or immediately before or after and in connection with which) amplified sound is produced or broadcast on the land concerned, or
(f)  for the purposes of which it is reasonably anticipated that more than 2500 persons will resort to the land concerned at any one time.

market means land used on a temporary basis for the purpose of selling goods or providing services, but (in Part 3) does not include a building or place elsewhere defined in this Schedule.

masterplan is a written document supported by diagrams, architectural drawings or maps that:

(a)  is based on an analysis of the characteristics and the local context of the land to which it applies, and
(b)  articulates planning and design principles relating to development of the land and explains how these address the Council’s Development Control Plan 1997: Urban Design and any other relevant documents or plans, and
(c)  conceptually outlines and shows graphically the proposed site layout and planning for the development of the land, including the conceptual vertical and horizontal distribution of activities, arrangement, footprint, envelopes and mix of types of buildings, heritage and conservation considerations, pedestrian and vehicular access and movements, parking and open space arrangements, and ways by which the development proposed maximises ecological sustainability and contributes to public domain enhancement, and
(d)  illustrates a number of options for redevelopment of the land to which it applies.

materials recycling depot means land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials, or for the collecting, dismantling, storage, salvaging, or abandonment of vehicles or machinery or the sale of their parts.

medical centre means a building or place used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment or counselling) to out-patients only.

mine means any place, open cut, shaft, tunnel, pit, drive, level or other excavation, drift, gutter, lead, vein, lode or reef on, in or by which any operation is carried on for or in connection with obtaining any metal or mineral by any method and any place on which any product of the mine is stacked, stored, crushed or otherwise treated, but does not include a quarry.

minor special event means:

(a)  a sporting event which may include training, competition or demonstrations, or
(b)  a cultural event which may include exhibitions, displays, performing arts, community festivals, fairs or carnivals, or
(c)  a recreational event which may include various forms of organised performances, circuses, games or amusements, or
(d)  an educational event which may include various forms of organised teaching, demonstration or display,
which is not a market, and:
(e)  at which (or immediately before or after and in connection with which) no amplified sound is produced or broadcast on the land concerned, or
(f)  for the purposes of which it is reasonably anticipated that less than 2,500 persons will resort to the land concerned at any one time.

motel means a building (other than a hotel, backpackers’ hostel, private hotel, bed and breakfast or boarding house) used principally for the overnight accommodation of travellers and the parking of their vehicles whether or not meals are also provided in the building to those travellers or the general public.

motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are sold or displayed at the building or place.

multiple dwellings means development consisting of the erection, alteration, extension or conversion of a building (or buildings) that results in the existence of two or more dwellings on a single allotment of land, but does not include a building (or buildings) elsewhere defined in this Schedule.

non-residential use, within Green Square, means a use not defined in this plan as a residential use.

non-structural advertisement means any form of advertisement that is not an advertising structure and may include (but is not limited to) such things as painted signs, flags, banners, balloons or bunting.

offensive industry means an industry which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate it from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact on the locality or on the existing or likely future development on other land in the locality, but (in Part 3) does not include any form of industry defined elsewhere in this Schedule.

offensive storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact on the locality or on the existing or likely future development of other land in the locality, but (in Part 3) does not include any form of storage establishment or warehouse or distribution centre defined elsewhere in this Schedule.

passenger transport terminal means any building or place used for the assembly and dispersal of passengers travelling by any form of passenger transport, and includes any facilities required for parking, manoeuvring, storage or routine servicing of any vehicle used to provide passenger transport services.

place means site, area, building or other work, group of buildings or other works, together with associated contents and surrounds.

place of assembly means a public hall, theatre, cinema, music hall, concert hall, dance hall, nightclub, open air theatre, drive-in theatre, music bowl or any other building used for a similar purpose, whether used for the purpose of gain or not, but (in Part 3) does not include a place of public worship, an institution or an educational establishment.

place of public worship means a building or place used for religious worship, whether or not the building or place is also used for counselling, social events or religious training by a congregation or religious group.

potential archaeological site means a site known to the Council to have archaeological potential even if it is not identified in this plan.

preservation means maintaining the fabric of a building or place in its existing state and retarding its deterioration.

private hotel means a hotel used primarily for short-term residential purposes which does not constitute premises licensed under the Liquor Act 1982, and is not a boarding house, bed and breakfast or backpackers’ hostel.

professional consulting rooms means a room or a number of rooms forming either the whole of or part of, or attached to, or within the site area of, a dwelling house and used by not more than three legally qualified medical practitioners or by not more than three dentists within the meaning of the Dentists Act 1989, or by not more than three health care professionals, who practise their respective professions in those rooms, and if more than one, practise in partnership, and who employ not more than three employees in connection with that practice.

public art within Green Square means works of an artistic nature within Green Square that may be viewed from public places.

public building means a building used as offices or for administrative or other similar purposes by the Crown, a statutory body, a Council or an organisation established for public purposes.

public entertainment means:

(a)  a musical event which may include live or recorded performances, or
(b)  a cultural event which may include exhibitions, displays, performing arts, community festivals, fairs or carnivals, or
(c)  a recreational event which may include various forms of organised performances, circuses, games or amusements, or
(d)  an educational event which may include various forms of organised teaching, demonstration or display,
and which is not a market, and:
(e)  at which (or immediately before or after and in connection with which) amplified sound is produced or broadcast on the land concerned, or
(f)  for the purposes of which it is reasonably anticipated that more than 2,500 persons will resort to the land concerned at any one time.

public lighting means the installation of lights and associated support structures for the purpose of street lighting, the lighting of footpaths and the illumination of parks and other spaces, but does not include lighting principally for the purpose of illuminating sporting events.

reconstruction means returning a building or place as nearly as possible to a known earlier state of the place and is distinguished by the introduction of materials (new or old) into the fabric.

recreation area means:

(a)  a children’s playground, or
(b)  an area used for sporting activities or sporting facilities, or
(c)  an area used by the Council to provide recreational facilities for the physical, cultural or intellectual welfare of the community, or
(d)  an area used by a body of persons associated for the purposes of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes, but does not include a racecourse, speedway or showground.

recreation facility means a building or place used for indoor recreation, such as a table tennis centre, squash court, swimming pool, gymnasium, health studio or bowling alley, whether used for the purpose of gain or not, but does not include a place of public assembly or an amusement centre.

relic means:

(a)  any deposit, object or material evidence (which may consist of human remains) relating to the use or settlement of the area of the City of South Sydney, not being Aboriginal habitation, which is more than 50 years old, or
(b)  any deposit, object or material evidence (which may consist of human remains) relating to Aboriginal habitation of the area of the City of South Sydney whether before or after its occupation by persons of European extraction.

residential use, within Green Square, means use for long-term residential accommodation and includes use for boarding houses, dwelling houses, dwellings used in conjunction with and attached to a building used or intended to be used for another use, and multiple dwellings.

restaurant means a building or place, the principal purpose of which is the provision of food to people for consumption on the premises in exchange for payment.

restoration means returning the existing fabric of a place to a known earlier state of the place by removing accretions or by reassembling existing components without the introduction of new material.

restricted premises means a building or place at which:

(a)  publications classified Category 1 restricted or Category 2 restricted under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth are shown, exhibited, displayed, sold or otherwise rendered accessible or available to the public, or
(b)  a business to which section 578E of the Crimes Act 1900 applies is conducted,
but does not include a newsagency or pharmacy.

road transport terminal means a building or place used for the principal purpose of the bulk handling of goods for transport by road, including facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles.

roof advertising structure means an advertising structure which projects above the roof or the parapet of a building.

service station means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil or other petroleum products, whether or not the building or place is also used for one or more of the following purposes:

(a)  the hiring of trailers, or
(b)  the retail selling or the installing of spare parts and accessories for motor vehicles, or
(c)  the washing and greasing of motor vehicles, or
(d)  the repairing and servicing of motor vehicles (other than repair or servicing involving body building, panel beating or spray painting), or
(e)  the retail selling or hiring of small consumer goods.

serviced apartment means a self-contained dwelling (in a building containing three or more self-contained dwellings) which is cleaned or serviced by the owner or manager of the building (or the agent of the owner or manager), and which provides short-term accommodation for persons who have their principal place of residence elsewhere, but does not include a backpackers’ hostel, boarding house, bed and breakfast or private hotel.

setting means the context within which a structure is placed with respect to townscape. Significant elements include ridge lines, valleys, hilltops, key built-up areas, view corridors, vantage points and landmarks.

shop means a building or place used for the selling, whether by retail or auction, or for the hiring or for the display for the purpose of selling or hiring, of items (whether goods or materials), but (in Part 3) does not include a building or place defined elsewhere in this Schedule.

site area of proposed development means the area of one or more lawfully created allotments to which an application for consent to carry out the development relates, but does not include any land on which the proposed development is not permitted by or under this plan or any other environmental planning instrument.

statement of heritage impact means a document which contains a statement which identifies the significance of the heritage item, place, heritage conservation area, streetscape or relic to which it relates, assesses the impact the proposed development will have on this significance and outlines measures that are proposed to minimise this impact. The document is to be prepared:

•  in accordance with the provisions of the publication “Statements of Heritage Impact” published by the NSW Heritage Office and the Department of Urban Affairs and Planning as a guideline document to the NSW Heritage Manual, or
•  in the case of a place of Aboriginal heritage significance, in accordance with any guidelines for the time being notified to the consent authority by the Director-General of National Parks and Wildlife, or
•  in the case of a place of non-Aboriginal archaeological significance, in accordance with the publication “Archaeological Assessments” published by the NSW Heritage Office and the Department of Urban Affairs and Planning as a companion document to the NSW Heritage Manual.

supporting hotel means accommodation primarily for patients waiting to be admitted to hospital, or receiving post operative or other forms of health care, or for relatives or friends of patients receiving health care, or accommodation for any other purpose that supports the services of the hospital.

the Corporation means the Corporation constituted by section 8 (1) of the Act.

the map means the series of maps marked “South Sydney Local Environmental Plan 1998”, as amended by the maps (or specified sheets of the maps) marked as follows:

Editorial note. The amending maps are not necessarily listed in the order of gazettal or publication on the NSW legislation website. Information about the order of gazettal or publication can be determined by referring to the Historical notes at the end of the plan.

South Sydney Local Environmental Plan 1998 (Amendment No 2)—Green Square—Zoning

South Sydney Local Environmental Plan 1998 (Amendment No 4)

South Sydney Local Environmental Plan 1998 (Amendment No 7)—Green Square—Zoning

South Sydney Local Environmental Plan 1998 (Amendment No 8)

South Sydney Local Environmental Plan 1998 (Amendment No 9)—Sheet 2

South Sydney Local Environmental Plan 1998 (Amendment No 11)—Green Square—Zoning

South Sydney Local Environmental Plan 1998 (Amendment No 17)—Green Square Town Centre—Zoning

South Sydney Local Environmental Plan 1998 (Amendment No 21)

the R.T.A. means the Roads and Traffic Authority constituted under the Transport Administration Act 1988.

under awning sign means an advertising structure which is affixed to the underside of an awning.

utility undertaking means any of the following undertakings carried on or permitted or suffered 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 is to be construed as including a reference to a Council, County Council, Government Department, corporation, firm or authority carrying on the undertaking.

vacant land means land on which there are no buildings other than fences, greenhouses, conservatories, garages, summerhouses, private boathouses, fuel sheds, toolsheds, cycle sheds, aviaries, milking bails, hay sheds, stables, fowlhouses, pigsties, barns or the like.

vehicle rental centre means a building or premises used to rent out vehicles and service those vehicles.

warehouse or distribution centre means a building or place used mainly for the storing or handling of goods or materials which have been produced or manufactured for sale elsewhere, but not for the retail sale of items to the public from the building or place, and (in Part 3) does not include any form of storage establishment defined elsewhere in this Schedule.

Top of page