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BANKSTOWN LOCAL ENVIRONMENTAL PLAN 2001 - SCHEDULE 1

SCHEDULE 1 – Dictionary

(Clause 6 (1))

"Aboriginal cultural heritage significance" means cultural significance to indigenous inhabitants of New South Wales and can apply to any item, site, place, area or object.
"Aboriginal place" means a natural sacred site. It includes a natural feature such as a creek or mountain of cultural significance, as well as an initiation, ceremonial or story place, or an area of more contemporary cultural significance, such as an Aboriginal mission and a post-contact site.
"Aboriginal site" means any place which has the physical remains of pre-historic occupation, or is of contemporary significance to the Aboriginal people. It can 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 carved trees, and sharpening grooves.
"acid sulfate soils" means actual or potential acid sulfate soils, as defined in the Acid Sulfate Soils Assessment Guidelines .
"Acid Sulfate Soils Assessment Guidelines" means the Acid Sulfate Soils Assessment Guidelines as published from time to time by the NSW Acid Sulfate Soils Management Advisory Committee and adopted by the Director-General.
"Acid Sulfate Soils Planning Maps" means the series of maps marked “ Bankstown Acid Sulfate Soils Planning Maps ” kept in the office of the Council.
"adaptation" means modifying a place that is a heritage item to suit proposed compatible uses in such a way that it retains its heritage significance.
"advertisement" means a sign, notice, device or representation in the nature of an outdoor advertisement visible from any public place or public reserve and includes any structure intended to display an advertisement.
"agriculture" means:

(a) the production of crops or fodder, or
(b) horticulture, including fruit, vegetable and flower crop production and use of land for wholesale plant nurseries, or
(c) the grazing of livestock, or
(d) the keeping and breeding of livestock, including poultry, other birds, and bees,
but (in the Table to clause 11) does not include any other use or activity elsewhere defined in this plan.
"alter", in relation to a heritage item or relic, means:
(a) make structural or non-structural changes to the outside of the heritage item or relic, such as changes to the detail, fabric, finish or appearance of the outside of the heritage item or relic, but not changes that maintain the existing detail, fabric, finish or appearance of the outside of the heritage item or relic, or
(b) make structural or non-structural changes to the interior of the heritage item or relic, except changes to floor coverings, the painting of previously painted surfaces, and erection of office partitioning which does not damage original fabric.
"amusement centre" means a building or place (not being a hotel or tavern) 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.
"animal boarding or training establishment" means a building or place used for the breeding, boarding, training or keeping of, or for caring for, animals for commercial purposes, and includes a riding school and veterinary clinic.
"appointed day" means the day on which this plan takes effect.
"archaeological site" means a site identified as such in Schedule 6 (Heritage items). It includes any site known to the consent authority to be an archaeological site, even if it is not so identified.
"arterial road" means:
(a) a road shown on the map as being an arterial road, or
(b) a road declared to be a main road, controlled access road, secondary road or a tollway under the Roads Act 1993 , or
(c) a road shown on the Council’s adopted road hierarchy list (a copy of which is available from the office of the Council) as an arterial road.
"bed and breakfast establishment" means a dwelling house providing accommodation for commercial purposes where:
(a) the owner is a permanent resident living in the dwelling house, and
(b) visitors’ accommodation is provided on a short-term basis only, up to a maximum of 1 month, and
(c) there are not more than 6 visitors at any one time.
"boarding-house" includes a house let in lodgings or a hostel which accommodates more than 2 boarders or residents, but does not include a motel.
"brothel" means premises used for the purpose of prostitution, or designed for that purpose, even though used by only one prostitute for the purpose of prostitution.
"bulky goods complex" means a building or place used to accommodate 5 or more bulky goods salesrooms or showrooms.
"bulky goods salesroom or showroom" means a building or place used for the sale by retail or auction, or the hire or display, of any of the following:
(a) furniture, or
(b) electrical appliances, or
(c) office furniture, or
(d) hardware, or
(e) outdoor products, or
(f) floor coverings, or
(g) automotive parts and accessories, or
(h) lighting, or
(i) kitchen or bathroom showrooms, or
(j) tiles (floor, ceiling or wall), or
(k) plant and equipment for hire.
"business premises" means a building or place in which there is carried on an occupation, profession, service, light industry or trade which provides a service directly and regularly to the public, but (in the Table to clause 11) does not include a building or place elsewhere defined in this Schedule.
"car park" means a building or place used for parking vehicles, and any manoeuvring space and access to it, 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, placed or erected.
"centre based child care centre" means a building or place used for the purpose of caring for or educating children which:
(a) caters for 6 or more children who are aged under 6 years or who do not normally attend school, and
(b) may operate for the purpose of gain,
but does not include a building or place providing residential care for those children.
"communications facility" means a building or other structure, work or place used primarily for transmitting or receiving signals for the purpose of communication, including radio masts, transmission towers, satellite discs and the like.
"community facility" means a building or place owned or controlled by a public authority or a body of persons which provides for the physical, social, cultural, or intellectual development or welfare of the local community, but (in the Table to clause 11) does not include a building or place elsewhere defined in this Schedule.
"community land" means land classified as community land within the meaning of the Local Government Act 1993 .
"compatible use", in relation to a heritage item, means a use which involves no change to culturally significant fabric, but involves a change which is substantially reversible, or which results in a minimal impact on heritage significance.
"conservation", in relation to a heritage item, means all the processes of looking after a place so as to retain its cultural significance. It includes maintenance and may according to circumstance include preservation, restoration, reconstruction and adaptation and will be commonly a combination of more than one of these. It may involve a similar use to the original or a significant use of the building or site concerned and will result in no change to culturally significant fabric. It includes changes which are substantially reversible or changes which involve minimal environmental impact.
"conservation management plan" means a document prepared in accordance with the provisions of the NSW Heritage Manual. It should establish the heritage significance of an item, place or heritage conservation area, and should identify conservation policies and management mechanisms that are appropriate to enable that significance to be retained.
"convenience store" means a shop selling a variety of small grocery goods, whether or not goods are available for hire there.
"Council" means the Council of the City of Bankstown.
"cultural significance" means aesthetic, historic, scientific or social value for past, present or future generations.
"curtilage" of a heritage item means the area around the heritage item which is required to maintain its heritage significance. It is not limited to the setting or the property boundaries of the site.
"dam" means all works or activities, including stormwater retention basins, the placement of fill or the excavation of land, involved in the permanent or temporary storage of water on land which significantly alters the shape, natural form or drainage of land.
"demolish" a building or work that is a heritage item, means to wholly or partly destroy or dismantle the heritage item.
"demolish" a building or work that is not a heritage item, means destroy or dismantle the building or work.
"depot" means a building or place used for the storage (but not sale) of plant, machinery, goods or materials used or intended to be used by the owner or occupier of the building or place, but (in the Table to clause 11) does not include a building or place elsewhere defined in this Schedule.
"development" has the same meaning as in the Act.
"dual occupancy" means two attached dwellings (with a single common wall) or two detached dwellings on a single allotment where both dwellings face the street.
"dwelling" means a room or number 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 dwelling which is the only dwelling erected on an allotment of land.
"educational establishment" means a building or place used for education (including teaching) and includes:
(a) a government school or non-government school within the meaning of the Education Act 1990 , and
(b) a tertiary institution, including a university and TAFE establishment, providing formal education which is constituted by or under an Act, and
(c) an art gallery or museum, not used to sell the items displayed in it, whether or not accommodation for staff or students is provided there and whether or not it is used for the purpose of gain.
"entertainment establishment" means a building or place used for the purpose of theatres or cinemas.
"entertainment facility" means a building or place used for the purpose of entertainment, exhibitions, displays or cultural events and includes:
(a) sports stadiums, showgrounds, racecourses and the like, and
(b) music halls, concert halls, open air theatres, drive-in theatres and the like, and
(c) entertainment centres, convention centres, exhibition centres and the like.
"extractive industry" means:
(a) winning extractive material, or
(b) an undertaking, not being a mine, which depends for its operation on the winning of extractive material from the land on which it is carried out and includes any washing, crushing, grinding, milling, sawing or separating into different sizes of that extractive material on that land.
"extractive material" means sand, gravel, turf, soil, rock, stone, sandstone or similar substances.
"fabric" means all the physical material of a building or place.
"family day care centre" means a room or a number of rooms forming part of, attached to, or within the curtilage of, a dwelling where a family day care service (within the meaning of the Family Day Care and Home Based Child Care Services Regulation 1996 ) is provided and organised or arranged by a sponsoring body (for example, the Council) and which caters for up to 7 children under 12 years of age (including the care givers’ children), but with a maximum of 5 children under 6 years of age.
"family housing" means a flat attached to, and on the same allotment as, another dwelling with the flat having access and site facilities shared with the other dwelling and a floor area of not more than 75 square metres. The flat and other dwelling must be the only dwellings on the allotment.
"flood liable land" means land inundated by the 1% probability flood event for the catchment in which the land is situated and includes land indicated as flood liable on maps prepared by the Department of Public Works and Services.
"floor" means that space within a building which is situated between one floor level and the floor level next above or, if there is no floor above, the ceiling or roof above.
"floor space ratio" means the ratio of the gross floor area of a building to the area of the development site.
"Floor Space Ratio Map" means the map entitled “ Bankstown Local Environmental Plan 2001-Floor Space Ratio Map ”, as amended by the maps, (or, if sheets of maps are specified, by the specified sheets of maps) marked as follows:
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.
Bankstown Local Environmental Plan 2001 (Amendment No 12) -Sheet 2
Bankstown Local Environmental Plan 2001 (Amendment No 16)
Bankstown Local Environmental Plan 2001 (Amendment No 18)
Bankstown Local Environmental Plan 2001 (Amendment No 19) -Sheet 2
Bankstown Local Environmental Plan 2001 (Amendment No 21) -Sheet 2
Bankstown Local Environmental Plan 2001 (Amendment No 22) -Sheet 2
Bankstown Local Environmental Plan 2001 (Amendment No 24) -Sheet 2
Bankstown Local Environmental Plan 2001 (Amendment No 25) -Sheet 3
Bankstown Local Environmental Plan 2001 (Amendment No 28)
Bankstown Local Environmental Plan 2001 (Amendment No 32) -Sheet 2
Bankstown Local Environmental Plan 2001 (Amendment No 33) -Sheet 2
Bankstown Local Environmental Plan 2001 (Amendment No 34) -Sheet 2
Bankstown Local Environmental Plan 2001 (Amendment No 35) -Sheet 2
Bankstown Local Environmental Plan 2001 (Amendment No 38) -Sheet 2
Bankstown Local Environmental Plan 2001 (Amendment No 39) -Sheet 2
Bankstown Local Environmental Plan 2001 (Amendment No 42)
Bankstown Local Environmental Plan 2001 (Amendment No 43) -Sheet 2
"front building line" means the line determined by the Council establishing the minimum setback of a building from the street alignment. In the case of an allotment with frontage to more than one street, the front building line applies to the shortest frontage.
"generating works" means a building or place used for the purpose of making or generating gas, electricity (otherwise than by the use of domestic solar panels) or other forms of energy.
"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 (or the roof structure, in the case of a loft) as measured at a height of 1,400 millimetres above each floor level, excluding:
(a) columns, fin walls, sun control devices, awnings and any other elements, projections or works outside the general lines of the outer face of the external walls, and
(b) lift towers, stairwells, cooling towers, machinery and plant rooms and ancillary storage space and air-conditioning ducts, and
(c) car parking needed to meet any requirements of the Council and any internal designated vehicular or pedestrian access to it, and
(d) space for the loading and unloading of goods, and
(e) internal public arcades and thoroughfares, terraces, balconies with outer walls less than 1,400 millimetres high and the like, and
(f) outbuildings, with an area of not more than 70 square metres used for purposes ancillary to a dwelling house.
"hazardous industry" means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including measures to isolate the development 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.
"hazardous 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 measures to isolate the establishment 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.
"health consulting rooms" means a room or a number of rooms within an existing building that is designed as a dwelling house used by not more than one person to provide professional medical treatment or health care services (including dental, veterinary and optical services) to members of the public and who employ not more than 1 employee in connection with the practice.
"helicopter landing site" 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 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.
"heritage item" means a building, part of a building, work, relic, place, archaeological site, tree or landscape or townscape item which is described in Schedule 6. It also includes the site of any such building or work.
"heritage significance" means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
"high-tech industry" means an enterprise that:
(a) has as its primary function the manufacture, development, production, processing or assembly of, or researching into, any of the following:
(i) electronic and microelectronic systems and goods,
(ii) information technology, computer software or hardware,
(iii) instrumentation and instruments,
(iv) biological, pharmaceutical, medical or paramedical systems, goods and components,
(v) other goods, systems and components intended for use in science and technology, and
(b) does not interfere with the amenity of the neighbourhood in which it is located by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, waste, water, waste products, grit, oil or otherwise.
"highway service centre" means a place which has direct access to a freeway or controlled access road and provides petrol and diesel fuel outlets, toilets, restaurant facilities (for either sit-down or take-away meals, or both), parking for cars, buses and trucks and emergency repair facilities.
"home based child care centre" means a building or place which provides child care for up to 5 children (including the children of the carer) aged under 6 years, or who do not normally attend school.
"home business" means a business carried on in a dwelling or a building erected within the curtilage of a dwelling where:
(a) the use does not involve the employment of persons other than residents of the site and a maximum of 1 non-resident, and
(b) the use does not involve the retailing of goods or the display of goods whether in a window or otherwise, and
(c) the use does not involve the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that building to indicate the name and occupation of the resident or residents), and
(d) the use does not involve a brothel, and
(e) the use does not involve manufacturing or processing of any kind, and
(f) the use does not have a detrimental impact on the amenity of adjoining residences.
"home office" means a home business undertaken in a single room (with a maximum area of 30 square metres) of a dwelling house, where the use:
(a) only involves the employment of persons who are residents of the dwelling or dwelling house, and
(b) does not have a detrimental impact on the amenity of adjoining residences, and
(c) does not involve any retailing, manufacturing or processing of any kind, and
(d) does not involve a brothel.
"hospital" means a building or place used for the purpose of providing professional health care services (such as preventative or rehabilitative care, diagnosis, medical or surgical treatment, care for people with disabilities, psychiatric care or counselling and services provided by health care professionals) to people who are admitted as in-patients, including any:
(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 and whether or not any such use is a commercial use, and
(c) specialist medical centre,
and includes a building or place that is used exclusively as a day surgery or day procedure centre.
"hotel" means premises specified or proposed to be specified in a hotelier’s licence granted under the Liquor Act 1982 .
"housing for older people or people with a disability" means residential accommodation which may take any building form, which is or is intended to be used as housing for the permanent accommodation of older people (persons 55 years old or older) or people with a disability.
"industry" means the manufacturing, assembling, altering, repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods, articles, materials, liquids or gases for commercial purposes, but (in the Table to clause 11) does not include a land use elsewhere defined in this Schedule.
"institution" means a penal or reformative establishment.
"in the vicinity" of a heritage item means in the local area of the item (for example, behind, around or within view of the item or at a place from which the item can be viewed). In deciding whether something is in the vicinity, the screening effect of current trees or temporary structures is to be excluded.
"junk yard" means land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap materials or goods or used for the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of their parts.
"landfilling" means all works or activities involved in the placement of fill on land, or an excavation of land, which significantly alters the shape, natural form or drainage of land, but does not include creation of dams.
"light industry" means an industry in which the processes carried on, or the transportation involved or the machinery or materials used, do not interfere unreasonably with the amenity of the neighbourhood, but (in the Table to clause 11) does not include an industry elsewhere defined in this Schedule.
"maintenance", in relation to a heritage item, means the ongoing protective care of the existing fabric, finish, appearance or setting of a heritage item. It does not include alterations or the introduction of new materials or technology (for example, injectable damp proof courses or roof treatments).
"map" means a map deposited in the office of the Council.
"marina" means:
(a) shoreside facilities for mooring or servicing boats including pontoons, jetties, piers, berths or moorings, and
(b) facilities for dry or rack storage of vessels, repair, maintenance or refuelling of vessels, pumping out of sewage, sail lofts, spillways, hoists, and facilities for the provision of accessories or parts for boats or food for boating operations.
"materials recycling yard" means a building or place used for collecting, dismantling or storing of second-hand or scrap materials for the sole purpose of recycling the metal, timber or other substances comprising them or from which they are made, whether or not by resale, but does not include a junk yard.
"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 the obtaining (by methods including excavating, quarrying, dredging, tunnelling or drilling) or removal of minerals, petroleum or natural gas and includes the storage and processing of the material obtained.
"mineral" has the same meaning as in the Mining Act 1992 .
"motel" means premises, not being a hotel or serviced apartments, used for the temporary or short-term accommodation of travellers.
"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 there.
"offensive industry" means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including measures to isolate the development from existing or likely future development on other land in the locality), would emit a polluting discharge (including noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality.
"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 measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a polluting discharge (including noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land in the locality.
"office premises" means a building or place used for the purpose of administration, clerical, technical, professional or like activities, where:
(a) dealings with members of the public are not on a direct and regular basis or otherwise than by appointment, and
(b) in the case of land within Zone 4 (a) or 4 (b), or land within Zone 3 (b) which is identified on the map by dark blue cross-hatching (being the land to which clause 50 applies), the employee density does not exceed 1 person for each 50 square metres of gross floor area contained within the building,
but (in the Table to clause 11) does not include a building or place elsewhere defined in this Schedule.
"operational land" means land classified as operational land within the meaning of the Local Government Act 1993 .
"outbuilding" means a detached building or structure used for purposes ancillary to the main dwelling on an allotment and includes cabanas, gazebos, garden sheds, greenhouses, garages, carports and the like.
"passenger transport terminal" means any building or place used for the assembly and dispersal of passengers travelling by any form of passenger transport, including any facilities required for parking, manoeuvring, storing or routine servicing of any vehicle forming part of that undertaking.
"place of public worship" means a building or place used for the purpose of 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, and includes a monastery.
"plan of management", in relation to a heritage item, means a document detailing a schedule of works, in accordance with accepted conservation assessment procedures and techniques, aimed at restoring or maintaining the item.
"plan of management", except in relation to a heritage item, has the same meaning as in the Local Government Act 1993 .
"plant hire" means a building or place used to hire out tools, plant and equipment used by builders and do-it-yourselfers and for the service and maintenance of the tools, plant and equipment.
"potential archaeological site" means a site known to the Council to have archaeological potential.
"potential heritage item" means a site identified as such in a register kept by the Council and includes a site known to the Council to have heritage potential, even if it is not so identified.
"preservation" means maintaining the fabric of a place in its existing state and retarding deterioration.
"public building" means a building or place used as a business or office by a public authority or an organisation established for public purposes.
"reconstruction" means returning a place as nearly as possible to a known earlier state 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 purpose of the physical, cultural or intellectual welfare of the community to provide recreational facilities for that purpose.
"recreation facility" means a building or place used for sporting activities, recreation or leisure activities, and may incorporate a shop selling take-away food or tourist-related items, whether or not operated for the purpose of gain, and may consist of or include:
(a) a swimming pool, golf course, tennis court, bowling green or playing field, and
(b) a paint ball park or gun club, and
(c) a go-kart track, skating rink, skateboard and rollerblade ramp or mini-golf course, and
(d) a bowling alley, pinball and video parlour or pool hall, and
(e) boating facilities, such as marinas, boatsheds, boat ramps or landing facilities.
"registered club" means a building or place which is used by persons associated, or by a body incorporated, 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 .
"relic" means 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 Bankstown, which is 50 or more years old.
"research establishment" means a building or place used for the testing of any industrial goods or any articles for commercial purposes.
"research facility" means a building or place used for the design, research or development of any industrial goods or any articles for commercial purposes, but (in the Table to clause 11) does not include a building or place elsewhere defined in this Schedule.
"residential flat building" means a building containing two or more attached dwellings (and includes dwellings attached to a shop or office) with shared arrangements for access and parking and shared communal open space in lieu of or as well as private open space, but does not include a dual occupancy.
"restaurant" means a building or place, the principal purpose of which is the provision of food to people for consumption on the premises or to provide take-away meals.
"restoration" means returning the existing fabric of a place to a known earlier state 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, Category 2 restricted or RC 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.
"retail plant nursery" means a building or place used for growing plants and selling plants by retail, whether or not landscape supplies (including earth products) or other landscape and horticultural products are also sold there.
"road" means a public thoroughfare used for the passage of vehicles or animals.
"roadside stall" means a place or temporary structure used for the selling by retail of agricultural produce produced on the allotment of land on which the place or temporary structure is located.
"road transport terminal" means a building or place used for the bulk handling of goods for transport by motor vehicles and includes a building or place used for the loading and unloading of containers.
"rowhouses" means three attached dwellings erected on a corner allotment of a public road with each having a common wall or walls with the adjoining dwelling or dwellings.
"sanctuary" means a building or place used for the preservation of native flora or fauna, or both, but (in the Table to clause 11) does not include a building or place elsewhere defined in this Schedule.
"serviced apartments" means a building containing two or more self-contained dwellings:
(a) which are used to provide short-term accommodation, but not subject to residential tenancy agreements within the meaning of the Residential Tenancies Act 1987 , and
(b) which are serviced or cleaned by the owner or manager of the apartments or the owner’s or manager’s agent.
"service station" means a building or place used for the sale by retail of motor vehicle fuels and lubricants, whether or not the building or place is also used for any one or more of the following:
(a) the 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, panelbeating, spraypainting or suspension, transmission or chassis restoration),
(e) a convenience store.
"setting" of a heritage item means what you see when looking from the heritage item, which changes as you move around the item. It may vary from the surrounding garden and field of a country house to the pavement, landscape, streetscape, backdrop and visual catchment of an urban building.
"shop" means a building or place used for selling items, whether by retail or auction, or for hiring or displaying items for the purpose of selling or hiring them (whether the items are goods or materials), but (in the Table to clause 11) does not include a building or place elsewhere specifically defined in this Schedule.
"site area", in relation to development, means the area of land to which an application for consent to carry out the development relates, excluding any land on which the development is not permitted by this plan.
"statement of heritage impact" for a heritage item is a statement identifying the significance of the heritage item and assessing and justifying the impact that proposed development will have on the significance of the heritage item, including its curtilage and setting. A statement of heritage impact is to be prepared with reference to a conservation management plan or a conservation policy, where such documents have been previously prepared.
"terrace house" means three or more attached dwellings facing the street with each having:
(a) a common wall or walls with the adjoining dwelling or dwellings, and
(b) vehicle access at the rear of the allotment on which the dwellings are located.
"terrace houses" means three or more attached dwellings facing the street with each having:
(a) a common wall or walls with the adjoining dwelling or dwellings, and
(b) vehicle access at the rear of the allotment.
"the Act" means the Environmental Planning and Assessment Act 1979 .
"the corporation" means the corporation constituted by section 8 (1) of the Act.
"the map" means the series of maps marked “ Bankstown Local Environmental Plan 2001 ”, deposited in the office of the Council, as amended by the maps (or, if sheets of maps are specified, by the specified sheets of maps) marked as follows:
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.
Bankstown Local Environmental Plan 2001 (Amendment No 2)
Bankstown Local Environmental Plan 2001 (Amendment No 3)
Bankstown Local Environmental Plan 2001 (Amendment No 6)
Bankstown Local Environmental Plan 2001 (Amendment No 8)
Bankstown Local Environmental Plan 2001 (Amendment No 9)
Bankstown Local Environmental Plan 2001 (Amendment No 12) -Sheet 1
Bankstown Local Environmental Plan 2001 (Amendment No 15)
Bankstown Local Environmental Plan 2001 (Amendment No 16)
Bankstown Local Environmental Plan 2001 (Amendment No 18)
Bankstown Local Environmental Plan 2001 (Amendment No 19) -Sheet 1
Bankstown Local Environmental Plan 2001 (Amendment No 21) -Sheet 1
Bankstown Local Environmental Plan 2001 (Amendment No 22) -Sheet 1
Bankstown Local Environmental Plan 2001 (Amendment No 24) -Sheet 1
Bankstown Local Environmental Plan 2001 (Amendment No 25) -Sheets 1 and 2
Bankstown Local Environmental Plan 2001 (Amendment No 26)
Bankstown Local Environmental Plan 2001 (Amendment No 28)
Bankstown Local Environmental Plan 2001 (Amendment No 32) -Sheet 1
Bankstown Local Environmental Plan 2001 (Amendment No 33) -Sheet 1
Bankstown Local Environmental Plan 2001 (Amendment No 34) -Sheet 1
Bankstown Local Environmental Plan 2001 (Amendment No 35) -Sheet 1
Bankstown Local Environmental Plan 2001 (Amendment No 38) -Sheet 1
Bankstown Local Environmental Plan 2001 (Amendment No 39) -Sheet 1
Bankstown Local Environmental Plan 2001 (Amendment No 43) -Sheet 1
"transport depot" means a building or place used for the parking or storage of motor powered or motor drawn vehicles used in connection with a passenger transport undertaking, business, industry or shop.
"utility installation" means a building or work used by a utility undertaking, but does not include a building designed wholly or principally as administrative or business premises or as a showroom.
"utility undertaking" means any undertaking carried on by, or by authority of, a public authority or in pursuance of any Commonwealth or State Act, for the purpose of:
(a) railway, road, water or air transport, or wharf or river undertakings, or
(b) the provision of sewerage or drainage services, or
(c) the supply of water, hydraulic power, electricity or gas.
"vacant land" means land on which, immediately before the day on which a notice requiring its acquisition is given under this plan, there were no buildings other than fences, greenhouses, conservatories, garages, summer houses, private boathouses, fuel sheds, toolsheds, cycle sheds, aviaries, milking bails, hay sheds, stables, fowl houses, pig sties, barns or the like.
"vehicle body repair workshop" means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel beating or spray painting.
"vehicle repair station" means a building or place used for the purpose of carrying out repairs or selling and fitting of accessories to vehicles or agricultural machinery.
"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.
"villas" means three or more dwellings on a site sharing part of the site for access or open space or site facilities.
"warehouse or distribution centre" means a building or place used for storing, holding or displaying items (whether goods or materials) which have been produced or manufactured for sale, other than retail sale to the public from the building or place.
"waste disposal" means landfilling which involves the filling of land with:
(a) sludge, or
(b) putrescible waste, or
(c) waste that includes any substance classified in the Australian Dangerous Goods Code or medical, cytotoxic or quarantine waste.
"water body" means:
(a) a natural water body, including:
(i) a lake or lagoon either naturally formed or artificially modified, or
(ii) a river or stream, whether perennial or intermittent, flowing in a natural channel with an established bed or in a natural channel artificially modifying the course of the river or stream, or
(iii) tidal waters, including any bay, estuary or inlet, or
(b) an artificial water body, including any constructed waterway, canal, inlet, bay, channel, dam, pond or lake,
but does not include a dry detention basin or other construction that is only intended to hold water intermittently.
"wetland" means:
(a) natural wetland, which includes marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow water body (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, which includes marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow water body (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and that are constructed from and vegetated with wetland plant communities.


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