Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2020 (2020-636) LW 28 October 2020 (NSW)

New South Wales

Standard Instrument (Local Environmental

Plans) Amendment (Definitions) Order 2020

under the

Environmental Planning and Assessment Act 1979

MARGARET BEAZLEY, Governor

I, the Honourable Margaret Beazley AC QC, Governor of New South Wales, with the advice of the Executive Council, make the following Order under section 3.20 of the Environmental

Planning and Assessment Act 1979.

Dated 28 October 2020.

By Her Excellency’s Command,

ROBERT STOKES, MP

Minister for Planning and Public Spaces

Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2020 [NSW]

Standard Instrument (Local Environmental Plans) Amendment

(Definitions) Order 2020

under the

Environmental Planning and Assessment Act 1979

1      Name of Order

This Order is Standard Instrument (Local Environmental Plans) Amendment

(Definitions) Order 2020.

2      Commencement

This Order commences on 28 October 2020 and is required to be published on the

NSW legislation website.

Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2020 [NSW]

Schedule 1 Amendment of Standard Instrument prescribed by Standard Instrument (Local Environmental

Plans) Order 2006

Schedule 1

Amendment of Standard Instrument prescribed

by Standard Instrument (Local Environmental

Plans) Order 2006

Dictionary

Omit the definitions of home business and home industry. Insert instead—

home business means a business, whether or not involving the sale of items

online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—

(a)	the employment of more than 2 persons other than the residents,
(b)	interference with the amenity of the neighbourhood because 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 adjacent premises or from a public place, of unsightly matter,
(d)	the exhibition of signage, other than a business identification sign,
(e)	the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,

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.

home industry means an industrial activity, whether or not involving the sale

of items online, carried on in a dwelling, or in a building ancillary to a dwelling, by 1 or more permanent residents of the dwelling and not involving the following—

(a)	the employment of more than 2 persons other than the residents,
(b)	interference with the amenity of the neighbourhood because 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 adjacent premises or from a public place, of unsightly matter,
(d)	the exhibition of signage, other than a business identification sign,
(e)	the retail sale of, or the exposure or offer for retail sale of, items, whether goods or materials, not produced at the dwelling or building, other than by online retailing,

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.