State Environmental Planning Policy Amendment (Definitions) 2020 (2020-637) LW 28 October 2020 (NSW)
| New South Wales |
State Environmental Planning Policy
Amendment (Definitions) 2020
under the
Environmental Planning and Assessment Act 1979
Her Excellency the Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979.
ROBERT STOKES, MP
Minister for Planning and Public Spaces
State Environmental Planning Policy Amendment (Definitions) 2020 [NSW]
State Environmental Planning Policy Amendment (Definitions)
2020
under the
Environmental Planning and Assessment Act 1979
1 Name of Policy
This Policy is State Environmental Planning Policy Amendment (Definitions) 2020.
2 Commencement
This Policy commences on 28 October 2020 and is required to be published on the
NSW legislation website.
3 Repeal of Policy
This Policy is repealed on the day following the day on which this Policy commences.
State Environmental Planning Policy Amendment (Definitions) 2020 [NSW]
Schedule 1 Amendments consequential on the Standard Instrument (Local Environmental Plans)
Amendment (Definitions) Order 2020
| Schedule 1 | Amendments consequential on the Standard Instrument (Local Environmental Plans) Amendment (Definitions) Order 2020 |
| 1.1 | Lake Macquarie Local Environmental Plan 2004 |
| 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 or a
brothel.
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 a brothel.
| 1.2 | Leichhardt Local Environmental Plan 2000 |
| Schedule 3 Glossary | |
| Omit the definition of Home industry (including the Note). Insert instead— |
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—
State Environmental Planning Policy Amendment (Definitions) 2020 [NSW]
Schedule 1 Amendments consequential on the Standard Instrument (Local Environmental Plans)
Amendment (Definitions) Order 2020
| (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—
Home industries are a type of light industry—see the definition of that term in this
Glossary.
| 1.3 | Lithgow City Local Environmental Plan 1994 |
| Clause 6 Definitions | |
| Omit the definition of home business. 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.
| 1.4 | State Environmental Planning Policy (Gosford City Centre) 2018 |
| Dictionary | |
| Omit the definitions of home business and home industry (including the Notes). | |
| 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, |
State Environmental Planning Policy Amendment (Definitions) 2020 [NSW]
Schedule 1 Amendments consequential on the Standard Instrument (Local Environmental Plans)
Amendment (Definitions) Order 2020
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.
| 1.5 | State Environmental Planning Policy (Sydney Region Growth Centres) 2006 |
| Dictionary | |
| Omit the definitions of home business and home industry (including the Notes). | |
| 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, |
State Environmental Planning Policy Amendment (Definitions) 2020 [NSW]
Schedule 1 Amendments consequential on the Standard Instrument (Local Environmental Plans)
Amendment (Definitions) Order 2020
| (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—
For precinct controls relating to this definition, see clause 5.4 of each Precinct Plan.
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—
For precinct controls relating to this definition, see clause 5.4 of each Precinct Plan.
| 1.6 | Sydney Local Environmental Plan (Glebe Affordable Housing Project) 2011 |
| Dictionary | |
| Omit the definitions of home business and home industry (including the Notes). | |
| 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, |
State Environmental Planning Policy Amendment (Definitions) 2020 [NSW]
Schedule 1 Amendments consequential on the Standard Instrument (Local Environmental Plans)
Amendment (Definitions) Order 2020
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.
| 1.7 | Sydney Local Environmental Plan (Green Square Town Centre) 2013 |
| Dictionary | |
| Omit the definitions of home business and home industry (including the Notes). | |
| 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.
State Environmental Planning Policy Amendment (Definitions) 2020 [NSW]
Schedule 1 Amendments consequential on the Standard Instrument (Local Environmental Plans)
Amendment (Definitions) Order 2020
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.
| 1.8 | Sydney Local Environmental Plan (Green Square Town Centre—Stage 2) 2013 |
| Dictionary | |
| Omit the definitions of home business and home industry (including the Notes). | |
| 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—
State Environmental Planning Policy Amendment (Definitions) 2020 [NSW]
Schedule 1 Amendments consequential on the Standard Instrument (Local Environmental Plans)
Amendment (Definitions) Order 2020
| (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.
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