New South Wales Consolidated Regulations

WAVERLEY AND WOOLLAHRA JOINT LOCAL ENVIRONMENTAL PLAN 1991--BONDI JUNCTION COMMERCIAL CENTRE - REG 9

9 Definitions

(1) In this plan:
"aged persons’ care centre" means a building or place used for the care of aged persons, but not involving the provision of residential accommodation, and includes a senior citizens’ centre as defined in the State Grants (Home Care) Act 1969 of the Commonwealth.
"alter", in relation to a heritage item or to a building or work within a heritage conservation area, means:

(a) the making of structural changes to the outside of the heritage item, building or work, or

(b) the making of non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, building or work not including the maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item, building or work.

"amusement centre" means a building or place used for the purpose of playing:

(a) billiards, pool or other like games, or

(b) electrically or mechanically operated amusement devices such as pinball machines and the like.

"appointed day" means the day on which this plan took effect.
"backpackers’ hostel" means a dwelling-house, residential flat building or hostel which provides accommodation for travellers, tourists or persons engaged in recreational pursuits and which is not used as their principal place of residence.
"bed and breakfast accommodation" means a dwelling-house which:

(a) provides short-term accommodation for travellers and tourists,

(b) is occupied by a permanent resident or permanent residents,

(c) contains only one bedroom and separate bathroom facilities for the travellers and tourists, and

(d) contains only one advertising sign which indicates the name and details of the accommodation,

but does not:

(e) contain separate food preparation and cooking facilities for the travellers and tourists, or

(f) cause an interference with the amenity of the neighbourhood by reason of the emission of noise, smell, fumes, smoke, vapour, steam, waste water, waste products or the like,

and does not include a building used as a backpackers’ hostel, boarding-house, or serviced apartments as defined elsewhere in this plan.
"boarding-house" means a house let in lodgings or a hostel, but does not include a motel or a backpackers’ hostel.
"car parking station" means a place, building or part of a building used for the purpose of accommodating vehicles as public parking but does not include parking space needed to meet parking requirements set by the Council.
"car repair station" means a building or place used for the purpose of carrying out repairs to motor vehicles.
"centre" means Bondi Junction Commercial Centre.
"community centre" means a building or place owned, leased or subleased by the Council and used to provide facilities comprising or relating to any one or more of the following purposes:

(a) a public library,

(b) public health and welfare services,

(c) rest rooms,

(d) meeting rooms,

(e) indoor recreation,

(f) child minding,

(g) baby health centres,

(h) exhibition spaces,

(i) public buildings,

(j) any other like purpose.

"Council" means the Council of the Municipality of Waverley or the Council of the Municipality of Woollahra.
"craft" means the carrying on of the practice of locksmithing, tailoring, dressmaking, boot and shoe repairing or home appliance repairing.
"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, in whole or in part.
"dual occupancy development" means a building consisting of 2 dwellings (whether or not attached) on one allotment of land.
"floor space ratio", in relation to a building or buildings erected or proposed to be erected on a site, means the ratio of the total gross floor area of all such buildings to the area of the site.
"foreshore scenic protection area" means land shown on Sheet 1 of the map by black hatching.
"ground floor" means that floor within a building from which direct access is gained to a street and which is nearest the level of that street.
"heritage conservation area" means an area of heritage significance being the land edged heavy black and marked “Heritage Conservation Area” on Sheet 3 of the map.
"heritage item" means a building, work, relic, tree or place of heritage significance to the centre:

(a) situated in land coloured orange on Sheet 3 of the map, or

(b) described in Schedule 1.

"heritage significance" means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
"housing for aged or disabled persons" has the same meaning as in State Environmental Planning Policy No 5-Housing for Aged or Disabled Persons .
"industry" means any handicraft or process in or incidental to the making, assembling, altering, repairing, renovating, preparing, ornamenting, finishing, cleaning, washing, breaking up, or adapting of any goods or any articles or any part of an article for trade or sale or gain, or as ancillary to any business.
"maintenance" means the continuous protective care of the fabric of a heritage item and its setting.
"mixed development" means a residential flat building, dwelling-house or boarding-house within the same building as or on the same allotment of land as shops, commercial premises or any other non-residential development.
"public hall" means a building or place, whether owned or controlled by the Council or otherwise, which is used or intended to be used for general public purposes such as meetings, entertainments, exhibitions, social and community activities or the like, but does not include any building or place which is operated for profit or gain.
"recreation area" means:

(a) a children’s playground,

(b) an area used for sporting activities or sporting facilities, or

(c) an area used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:

(i) the Council,

(ii) a body of persons associated for the purposes of the physical, cultural or intellectual welfare of persons within the community,

but does not include a racecourse 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, bowling alley or any other building or place of a like character used for recreation whether or not operated for profit or gain, but does not include a place of assembly or an amusement centre.
"relic" means any deposit, object or material evidence (terrestrial or underwater) relating to the use and settlement of the Municipality of Waverley or Woollahra which is 50 or more years old.
"residential flat building" means a building containing 3 or more dwellings but not including a building defined elsewhere in this clause.
"serviced apartments" means a building containing 2 or more dwellings intended to be used for short term accommodation of travellers and tourists and where such dwellings are cleaned or otherwise serviced or maintained by the owner or manager of the apartments or the owner’s or manager’s agent.
"site area", in relation to development, means the area of land to which an application for consent to carry out the development relates, excluding therefrom any land on which the development is not permitted by or under this plan or another environmental planning instrument.
"small shop" means a shop having a floor area not exceeding 60 square metres which is used or intended to be used for retailing general merchandise.
"the map" means all sheets of the map marked “ Waverley and Woollahra Joint Local Environmental Plan 1991-Bondi Junction Commercial Centre ”. In so far as it relates to land within the area of Woollahra, the map is amended by the maps marked as follows:

Waverley and Woollahra Joint Local Environmental Plan 1991-Bondi Junction Commercial Centre (Amendment No 1)

Waverley and Woollahra Joint Local Environmental Plan 1991-Bondi Junction Commercial Centre (Amendment No 2)

Waverley and Woollahra Joint Local Environmental Plan 1991-Bondi Junction Commercial Centre (Amendment No 3) (Sheets 1 and 2)

"tourist facility" means an establishment providing for holiday accommodation or recreation and may include a hotel, motel, playground, refreshment room or a club used in conjunction with any such activities, but does not include serviced apartments.

(2) In this plan, a reference to:

(a) a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose,

(b) a map is a reference to a map copies of which are deposited in the offices of each Council, and

(c) land within a zone specified in the Table to clause 12 is a reference to land shown on the map in the manner indicated in clause 11 as the means of identifying land of the zone so specified.