The definition of 'dwelling house' in the Environmental Planning and Assessment Model Provisions 1980 ('a building containing 1 but not more than 1 dwelling') is confined to detached housing and does not extend to semi-detached dwellings or duplexes sharing common walls within a single structure. The extended definition of 'building' in s 4(1) of the EP&A Act as including 'part of a building' does not apply to the word 'building' in the definition of 'dwelling house'. When characterising the use of land for the purpose of determining existing use rights under s 106(a), the use must be identified at a level of particularity that allows an answer to whether that use was prohibited by the relevant planning instrument — a general characterisation as 'residential' is insufficient.
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