New South Wales Consolidated Regulations

WILLOUGHBY LOCAL ENVIRONMENTAL PLAN 1995 - REG 5

5 Definitions

(1) In this plan:
"access handle" means land on which is situated an access driveway, access corridor or an “axe-handle” to a battle-axe block or hatchet-shaped lot, the purpose of which is to provide vehicular, pedestrian or services access from the street to the main parcel of the battle-axe block or hatchet-shaped lot (regardless of whether it involves the creation of reciprocal rights of way, is affected by an easement or is for the exclusive use of one dwelling-house).
"adaptation" means modifying a building or place to suit proposed uses that are compatible with conservation of the building or place.
"adjoining land" means land which abuts other land or is separated from it only by a pathway, driveway or similar thoroughfare.
"advertisement" means the display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display contains a reference to the use of the premises on which the display occurs and whether or not the display involves the erection of a structure or the carrying out of a work.
"alter" in relation to a heritage item or to a building, work, relic, tree or place within a conservation area means:

(a) make structural changes to its exterior, or

(b) make non-structural changes to the detail, fabric, finish or appearance of the exterior, but not including any such changes resulting from maintenance, this being the continuous protective care of the existing detail, fabric, finish or appearance of the item or component.

"advertising structure" means a structure used or to be used principally for the display of an advertisement.
"appointed day" means the day on which this plan was gazetted and took effect.
"A.H.D." means Australian Height Datum.
"archaeological site" means land identified as such a site on the Heritage and Conservation Map.
"attached dwelling" means a dwelling physically connected to another dwelling, where:

(a) the two dwellings comprise a single building, and

(b) the two dwellings are connected by a substantial wall separating habitable rooms such as lounge rooms, dining rooms, bedrooms or kitchens, or by the floor of one dwelling and the ceiling of the other.

Dwellings are not attached if the only physical connection between them is a verandah, pergola, balcony, driveway, walkway, garage, carport or private open space area.
"attic" means a habitable space totally within the roof space of a dwelling, or of a building including a dwelling, being a dwelling that occupies all or a substantial part of the level of the building immediately below the habitable space and of which dwelling the habitable space is part.
"bed and breakfast" means a dwelling-house in which the permanent residents provide rooms for paying guests, with a common facility for the provision of meals, but does not include premises:

(a) licensed to sell liquor, or

(b) that detract in any way from the amenity of the adjoining properties or locality in which the premises are situated, or

(c) in or on which is exhibited any advertisement relating to the provision of accommodation (other than an advertisement which would fit within a rectangular figure 1.0 metres in length and 0.6 metre in height that is exhibited in or on the premises to indicate that the premises provide bed and breakfast accommodation), or

(d) in which more than 3 bedrooms are used for paying guests, or

(e) used as a backpackers’ hostel, boarding house, serviced apartments, private hotel, hotel or motel.

"boarding house" means a dwelling-house which is let in lodgings but does not include a motel, backpackers hostel, serviced apartments or other tourist establishment.
"brothel" means premises used habitually for the purposes of prostitution, that is, the engaging in a sexual activity by persons for payment. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.
"building height plane" means a plane projected at an angle of 35 degrees over a site commencing at natural ground level along a boundary of a site specified in this plan for the purposes of establishing a building height plane.
"bulky goods sales room or showroom" means a building or place used for the sale by retail or auction, or the hire or display, of items (whether goods or materials) which are of such a size, shape or weight as to require:

(a) a large area for handling, storage or display, or

(b) direct vehicular access to the site of the building or place by members of the public, for the purpose of loading items into or onto their vehicles after purchase,

but does not include a building or place used for the sale of foodstuffs, produce or clothing.
"bushfire hazard reduction" means a reduction or modification of fuel by burning or by chemical, mechanical or manual means.
"bushland" means land on which there is vegetation which is either a remainder of the natural vegetation of the land or, if altered, is still representative of the structure and floristics of the natural vegetation.
"bushland vegetation" means vegetation which is either a remnant of the natural vegetation of the land on which it is situated or, if altered, is still representative of the structure and floristics of the natural vegetation.
"business premises" means a building or place in which there is carried on an occupation, profession or trade which provides a service directly and regularly to the public and which does not adversely affect the amenity of the neighbouring occupiers or the locality, but does not include a building or place elsewhere defined in this clause.
"car parking station" means any land (including a building on that land) open to the public and used for the purpose of accommodating vehicles, whether on payment of a fee or not, but does not include:

(a) land (including a building on that land) which is used for parking, being parking that is ancillary to other development on or adjoining that land, or

(b) a metered zone, or

(c) a metered space.

"car repair station" means a building or place used for the purpose of carrying out repairs to or servicing of motor vehicles, watercraft or caravans.
"community facility" means a building or place owned or controlled by the Council, any other public authority or an organisation established for community purposes which provides for the physical, social, cultural or intellectual development or welfare of the community, but does not include a building or place elsewhere defined in this clause.
"conservation area" means land shown as a conservation area on the Heritage and Conservation Map.
"conservation plan" means a document which assesses the heritage significance of a heritage item or of a building, work, relic, tree or place within a conservation area and which identifies how that significance is to be retained in its future use and development.
"convenience store" means a shop selling a variety of small consumer goods and petrol, oil and petroleum products, whether or not other goods are available for hire at the shop.
"corporation" means the corporation constituted by section 8 (1) of the Act.
"Council" means the Council of the City of Willoughby.
"county road" means:

(a) any existing road indicated on the map by a continuous red line on white between firm black lines, or

(b) any proposed road widening indicated on the map by a broken red band between a firm black line and a broken black line.

"demolition", in relation to:

(a) a heritage item or a building, work, relic, tree or place within a heritage conservation area, means the total or partial destruction or dismantling of the heritage item or building, work, relic, tree or place, or

(b) any other building, means the total or partial destruction, pulling down, or removal of the building.

"drive-in take-away food shop" means a building or place the principal purpose of which is the provision of food (whether for consumption on the premises or not) and which is dependent on customers who drive onto the premises, but does not include a building or place elsewhere defined in this clause.
"dual occupancy" means two dwellings only (whether attached or detached) on a single allotment of land.
"film and television production facility" means a building or place used for the purpose of carrying out the production of film and television, including post production.
"floor space ratio" of a site means the ratio of the total gross floor area of all buildings on the site to the total area of the site zoned for the purpose for which the building or buildings may be erected, exclusive of the area of any existing or proposed access handle.
"general store" means a shop used for the retail sale of general merchandise and may include post office facilities.
"green travel plan" means a package of initiatives to reduce car based travel.
"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 as measured at a height of 1400 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 wall, and

(b) lift towers, cooling towers, machinery and plant rooms, ancillary storage space and air-conditioning ducts, and

(c) car parking needed to meet any requirements of the consent authority and any internal designated vehicular or pedestrian access to that parking, and

(d) space for the loading and unloading of goods.

"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, for example, 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, for example, measures to isolate the establishment from existing or likely future development on the 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 care professional" means any person who provides professional health services to members of the public and includes the following:

(a) a podiatrist registered under the Podiatrists Act 1989 ,

(b) a chiropractor or osteopath registered under the Chiropractors and Osteopaths Act 1991 ,

(c) a physiotherapist registered under the Physiotherapists Registration Act 1945 ,

(d) an optometrist registered under the Optometrists Act 1930 .

"height" has the meaning set out in subclause (3).
"Heritage and Conservation Map" means the map marked “ Willoughby Local Environmental Plan 1995-Heritage and Conservation ”, as amended by the maps (or, if sheets of maps are specified, by the sheets of maps) marked as follows:

Note: The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

Willoughby Local Environmental Plan 1995 (Amendment No 7) -Sheet 10

Willoughby Local Environmental Plan 1995 (Amendment No 9)

Willoughby Local Environmental Plan 1995 (Amendment No 16) -Sheet 2

Willoughby Local Environmental Plan 1995 (Amendment No 18)

Willoughby Local Environmental Plan 1995 (Amendment No 19) -Sheets 7-10

Willoughby Local Environmental Plan 1995 (Amendment No 38)

Willoughby Local Environmental Plan 1995 (Amendment No 42) -Sheets 9-12

Willoughby Local Environmental Plan 1995 (Amendment No 44) -Sheet 2

Willoughby Local Environmental Plan 1995 (Amendment No 49) -Sheets 1-5, 7, 8 and 10

Willoughby Local Environmental Plan 1995 (Amendment No 56) -Sheets 1-19

Willoughby Local Environmental Plan 1995 (Amendment No 61) -Sheet 1

"heritage item" means a building, work, relic or place:

(a) identified on the Heritage and Conservation Map as:

(i) a State or regional heritage item, or

(ii) a local heritage item, or

(b) listed in Schedule 6 or 7.

"heritage significance" means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
"heritage statement" means a document which assesses the heritage significance of a heritage item or of a building, work, relic, tree or place within a conservation area.
"high density residential floor space map" means Sheet 10 of the map, as amended by the maps (or specified sheets of the maps) marked as follows:

Note: The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

Willoughby Local Environmental Plan 1995 (Amendment No 5)

Willoughby Local Environmental Plan 1995 (Amendment No 10)

Willoughby Local Environmental Plan 1995 (Amendment No 21)

"high technology industry" means an enterprise that has as its primary function the manufacture, development, production, processing or assembly of, or research into, any of the following:

(a) electronic and micro-electronic systems, goods and components,

(b) information technology, computer software and hardware,

(c) instrumentation and instruments,

(d) production of film and television, including any post production,

(e) biological, pharmaceutical, medical or paramedical systems, goods and components,

(f) other goods, systems and components intended for use in science and technology or communications.

"home business" means a dwelling-house that is not within 500 metres of land within a business zone and in which an occupation is carried out by the permanent residents of the dwelling-house that does not involve any of the following:

(a) employment of more than 2 persons other than the permanent residents,

(b) interference in any way with the amenity of adjoining properties or the locality in which the dwelling is situated,

(c) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign which would fit within a rectangular figure 1.0 metres in length and 0.6 metres in height and exhibited on that dwelling or land to indicate the name and occupation of the resident),

(d) exposure to view from any public place of any matter other than a notice, advertisement or sign complying with paragraph (c),

(e) a change in the appearance of the dwelling or the land on which it is erected out of character with that of the adjoining land,

(f) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,

(g) a courier, taxi, road transport, tow truck or freight delivery operation.

"home industry" means an industry carried on in a building (other than a dwelling) situated within the curtilage of a dwelling by the person who occupies the dwelling, being an industry that does not:

(a) interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise, or

(b) involve exposure to view of any unsightly matter from any adjacent premises or from any public place, or

(c) require the provision of any essential service main of a greater capacity than that available in the locality, or

(d) generate additional traffic of a type and amount that would have a significant adverse impact on the surrounding residential area.

"home occupation" means an occupation carried on in a dwelling by the permanent residents of the dwelling which would not have required the registration of the premises under sections 10- 13 of the Factories, Shops and Industries Act 1962 , as in force immediately before their repeal, and does not involve:

(a) prostitution, or

(b) the employment of persons other than those residents, or

(c) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, or

(d) the display of goods, whether in a window or otherwise, or

(e) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on the dwelling to indicate the name and occupation of the resident), or

(f) the sale of items (whether goods or materials) or the exposure or offer for sale of items, by retail.

"hotel" means premises, licensed under the Liquor Act 1982 to sell liquor, which provide accommodation for guests on a short-term basis without a residential tenancy agreement within the meaning of the Residential Tenancies Act 1987 , and may include facilities such as function rooms, restaurant, recreational facilities and ancillary retail uses.
"Innisfallen Castle Estate" means the land at Castle Cove identified by heavy black edging on sheet 5 of the map.
"item of environmental heritage" means any building, work, relic or place identified in this plan as a "heritage item".
"land excluded from dual occupancy provisions map" means Sheet 11 of the map, as amended by the maps (or specified sheets of the maps) marked as follows:

Note: The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

Willoughby Local Environmental Plan 1995 (Amendment No 7) -Sheet 10

Willoughby Local Environmental Plan 1995 (Amendment No 9)

Willoughby Local Environmental Plan 1995 (Amendment No 18)

Willoughby Local Environmental Plan 1995 (Amendment No 19) -Sheets 7-10

Willoughby Local Environmental Plan 1995 (Amendment No 29)

Willoughby Local Environmental Plan 1995 (Amendment No 38)

Willoughby Local Environmental Plan 1995 (Amendment No 42) -Sheets 11-12

Willoughby Local Environmental Plan 1995 (Amendment No 49) -Sheets 1-5, 7, 8 and 10

Willoughby Local Environmental Plan 1995 (Amendment No 52) -Sheet 1

"landscaped area" means that part of a site which is not occupied by any building and is available for use and enjoyment by the occupants of a building erected on the site. It includes areas used for swimming pools, open-air recreation areas, gardens, lawns, shrubs or trees, but does not include areas used for driveways, parking areas, drying yards, garbage storage areas or public open space.
"master plan" means a document consisting of written information, maps and diagrams that:

(a) makes detailed provisions relating to development of land, and

(b) outlines in broad terms the long-term proposals for the development of land and explains how those proposals address the planning principles and development controls in this plan and any development control plan adopted by the Council that applies to the land.

"motor showroom" means a building or place used for the display or sale of cars, trucks or other motor vehicles and accessories for them.
"natural ground level", in relation to land, means the level of the land as if no development had taken place on that land.
"net floor area" means the floor area of a building after excluding from its gross floor area fixed corridors, foyers, amenities, kitchens, tea rooms and wall thicknesses.
"nursing home" has the meaning ascribed to it in the National Health Act 1953 of the Commonwealth.
"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, for example, measures to isolate the development from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, noise) in a manner which would have a significant adverse impact on 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, for example, measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a pollution discharge (including, for example, noise) in a manner which would have a significant adverse impact on 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 (except dealing with members of the public on a direct and regular basis or otherwise than by appointment), but does not include a building or place elsewhere defined in this clause.
"parking space" means an unobstructed area accessible to and, in the opinion of the Council, suitable for the parking of motor vehicles.
"potential archaeological site" means land identified as such a site on the Heritage and Conservation Map or a site the Council considers to have potential archaeological significance.
"professional consulting rooms" means a room or a number of rooms forming not more than 40% of the gross floor area of a dwelling-house and used by not more than one registered medical practitioner or by not more than one dentist within the meaning of the Dentists Act 1989 , or by not more than one health care professional, who practises therein his or her profession as a sole practitioner, or in partnership with not more than one other practitioner practising the same profession, and who resides permanently on the premises or whose partner so resides, and who employs or whose partnership employs not more than one employee in connection with that practice.
"recreation area" means:

(a) a children’s playground, or

(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, or

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

(d) a landscaped area for passive enjoyment,

but does not include a racecourse or a showground.
"recreation facility" means a building used for indoor recreation, including a table tennis centre, squash court, swimming pool, gymnasium, health studio, bowling alley, or any other building of a like character used for recreation and whether used for the purpose of gain or not, but does not include a building or place elsewhere defined in this clause.
"regeneration" means the natural regeneration (by germination of seed present in the soil or by sprouting, for example, from lignotubers) of native species/plant communities whether or not it follows removal of exotic species or other types of disturbances such as fire.
"relic" means any deposit, object or material evidence (terrestrial or underwater), relating to the use or settlement of the land to which this plan applies and which is 50 or more years old.
"repair centre" means a building or place used in association with the operation of a waste recycling and management centre or waste depot and at which materials and goods can be retrieved, repaired or refurbished for re-use in the community.
"residential flat building" means a building containing two or more dwellings whether attached or detached and includes buildings commonly known as town houses and villa houses.
"restaurant" means a building or place the principal purpose of which is the provision of food for consumption on the premises and includes a cafe, bistro or tea room, but does not include a building or place elsewhere defined in this clause.
"road" has the same meaning as in the Local Government Act 1993 .
"serviced apartment" means a building containing two or more dwellings which are cleaned and serviced by the owner or manager of the building or the owner’s or manager’s agent, and which provides short-term accommodation for travellers or tourists, but does not include a hostel or a building or place elsewhere defined in this clause.
"showroom" means an area used for the display of goods, merchandise or materials which does not involve the sale of such items whether by retail or auction, but does not include areas elsewhere defined in this clause.
"soft landscaped area" means that part of a site which is not occupied by any building, structure or work and which is vegetated with gardens, lawns, shrubs or trees, but does not include any paved area.
"special needs housing groups" means residents of the City of Willoughby who are identified as being in housing need in the Willoughby City Housing Policy , being a policy adopted by the Council.
"storey", in relation to a building, means the space between any 2 successive floors, or the space between natural ground level and any floor immediately above that level, or the space between any floor and its ceiling or roof above. Any such space that exceeds 3.5 metres in height is counted as 2 storeys. The following spaces are not to treated as storeys for the purposes of this definition:

(a) spaces where the ceiling of that floor or level is less than 1 metre above natural ground level at all points,

(b) in the case of an existing building, an attic with a floor area that does not exceed 60% (including lift towers and plant rooms) of the floor area of the level below. Such an attic is excepted only if it does not alter the pitch or profile of the roof of the building except by the inclusion of dormer or similar windows,

(c) in the case of a proposed building, an attic with a floor area that will not exceed 60% (including lift towers and plant rooms) of the floor area of the level of the building immediately below. Such an attic is excepted only if it will not result in the pitch or profile of the roof of the building or height of the eaves being inconsistent with the roofs or eave height of surrounding buildings (disregarding the inclusion of dormer or similar windows for the purpose of comparison).

"the map" means the sheets (except the sheet marked “Sheet 10”) comprising the map marked Willoughby Local Environmental Plan 1995 , as amended by the maps (or, if sheets of maps are specified, by the sheets of maps) marked as follows:

Note: The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

Willoughby Local Environmental Plan 1995 (Amendment No 1)

Willoughby Local Environmental Plan 1995 (Amendment No 2)

Willoughby Local Environmental Plan 1995 (Amendment No 5) -Sheet 2

Willoughby Local Environmental Plan 1995 (Amendment No 6) -Sheet 1

Willoughby Local Environmental Plan 1995 (Amendment No 7) -Sheets 1-9 and 11-15

Willoughby Local Environmental Plan 1995 (Amendment No 8)

Willoughby Local Environmental Plan 1995 (Amendment No 10) -Sheet 1

Willoughby Local Environmental Plan 1995 (Amendment No 15)

Willoughby Local Environmental Plan 1995 (Amendment No 16) -Sheet 1

Willoughby Local Environmental Plan 1995 (Amendment No 17)

Willoughby Local Environmental Plan 1995 (Amendment No 19) -Sheets 1-6 and 11

Willoughby Local Environmental Plan 1995 (Amendment No 21)

Willoughby Local Environmental Plan 1995 (Amendment No 22)

Willoughby Local Environmental Plan 1995 (Amendment No 23) -Sheet 1

Willoughby Local Environmental Plan 1995 (Amendment No 24)

Willoughby Local Environmental Plan 1995 (Amendment No 25) -Sheets 1 and 2

Willoughby Local Environmental Plan 1995 (Amendment No 26) -Sheets 2-6

Willoughby Local Environmental Plan 1995 (Amendment No 27) -Sheets 2 and 3

Willoughby Local Environmental Plan 1995 (Amendment No 30)

Willoughby Local Environmental Plan 1995 (Amendment No 31) -Sheets 1-3

Willoughby Local Environmental Plan 1995 (Amendment No 33)

Willoughby Local Environmental Plan 1995 (Amendment No 34) -Sheets 1 and 2

Willoughby Local Environmental Plan 1995 (Amendment No 35)

Willoughby Local Environmental Plan 1995 (Amendment No 37) -Sheet 1

Willoughby Local Environmental Plan 1995 (Amendment No 40)

Willoughby Local Environmental Plan 1995 (Amendment No 41)

Willoughby Local Environmental Plan 1995 (Amendment No 42) -Sheets 2-8

Willoughby Local Environmental Plan 1995 (Amendment No 44) -Sheet 1

Willoughby Local Environmental Plan 1995 (Amendment No 47)

Willoughby Local Environmental Plan 1995 (Amendment No 49) -Sheets 6 and 9

Willoughby Local Environmental Plan 1995 (Amendment No 50) -Sheets 1-3

Willoughby Local Environmental Plan 1995 (Amendment No 51) -Sheet 1

Willoughby Local Environmental Plan 1995 (Amendment No 54) -Sheets 2-4

Willoughby Local Environmental Plan (Amendment No 60) -Sheets 1 and 2

Willoughby Local Environmental Plan 1995 (Amendment No 65) -Sheet 1

"the RTA" means the Roads and Traffic Authority constituted under the Transport Administration Act 1988 .
"the Willoughby DCP" means Willoughby Development Control Plan , as adopted by the Council on 26 June 2006.
"the Willoughby Local Housing Program" means an official program, set out in Part G.7 of the Willoughby DCP, for the provision and management of Willoughby Local Housing in the Willoughby Local Housing Precincts, in accordance with the Willoughby Local Housing Principles set out in clause 25B.
"veterinary hospital" means a building or place used for diagnosing illness in or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.
"warehouse" means a building or place used principally for the storing of goods, or for the storing or handling of goods or material after being produced or manufactured for sale, but not for the retail sale of items to the public from the building or place. It does not include any form of storage establishment elsewhere defined in this clause.
"waste recycling and management centre" means a building or place used for the recycling or recovery of resource materials, excluding sludge-like material, from waste materials that would otherwise be acceptable as landfill, and involves separating and sorting, processing (such as baling, crushing, shredding and composting) and sorting, transferring and the sale of recycled or recovered material but does not involve the re-manufacture, chemical manufacture or incineration of the material.
"weekend market" means a temporary outlet for the sale of goods, arts, crafts, food or services that are not available through normal commercial outlets, being a temporary outlet that satisfies the following criteria:

(a) it does not include a building or place used for a purpose referred to in clause 42C (2) (b),

(b) it is operated on weekends only,

(c) it does not involve the erection of a permanent structure,

(d) it is managed by or on behalf of a charity or community based organisation,

(e) it does not have significant adverse cumulative economic impact on other businesses within the locality or in the area of the City of Willoughby,

(f) it does not have adverse traffic impacts on the surrounding local road system.

"Willoughby Local Housing" means affordable housing provided pursuant to conditions imposed under section 94F of the Act that is rented housing occupied by people from special needs housing groups and provided and managed in accordance with the Willoughby Local Housing Program.
"Willoughby Local Housing Precinct" means any of the following parcels of land in the City of Willoughby:

“Local Housing Precinct 1”, being the parcel of land shown edged heavy black on the map marked “ Willoughby Local Environmental Plan 1995 (Amendment No 21) ”

“Local Housing Precinct 2”, being the parcel of land shown edged heavy black on the map marked “ Willoughby Local Environmental Plan 1995 (Amendment No 31) ”

“Local Housing Precinct 3”, being the parcel of land shown edged heavy black on the map marked “ Willoughby Local Environmental Plan 1995 (Amendment No 30) ”

“Local Housing Precinct 4”, being the parcel of land shown as being within Zone 2 (b) on Sheet 1 of the map marked “ Willoughby Local Environmental Plan 1995 (Amendment No 51) ”

(2) In this plan, a reference:

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

(b) to a map is a reference to a map deposited in the office of the Council, or

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

(3) For the purposes of this plan, the height of a building is to be measured as follows:

(a) if the relevant provision of this plan specifies a maximum height as a number of storeys, the height of the building is to be measured as the maximum number of storeys that can be intersected by the same vertical line through the building,

(b) if the relevant provision of this plan specifies a maximum height in terms of RL, the height of the building is to be measured as the height (in metres) above A.H.D. of the uppermost point of the building (not being a vent, lift tower, chimney or other service installation),

(c) if the relevant provision of this plan specifies a maximum height in metres without reference to RL, the height of the building is to be measured as the greatest vertical distance in metres from natural ground level at any point to the uppermost ceiling level or the bottom of the eaves (whichever is the lower) immediately above that point.