New South Wales Consolidated Regulations

YARROWLUMLA LOCAL ENVIRONMENTAL PLAN 1993 - REG 6

6 Interpretation

(1) In this plan:
"advertised development" has the same meaning as it has in the Environmental Planning and Assessment Act 1979 .
"agriculture" means the use of land for any purpose of husbandry, including the keeping or breeding of livestock, poultry or bees, and for the growing of crops, fruit, vegetables and the like and includes horticulture, but does not include the use of land for intensive livestock-keeping establishments, the erection of buildings or rural industry.
"alter", in relation to a heritage item, means:

(a) make structural changes to the outside of the heritage item, or

(b) make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, not including changes that result from the maintenance of the existing detail, fabric, finish or appearance of the outside of the heritage item.

"ANEF contour" means the noise exposure contour shown as an ANEF contour on a plan of Canberra (Fairbairn) Airport or surrounding land prepared by an appropriate Commonwealth public authority or private lessor of the Airport.
"animal boarding establishment" means a building or place used for the purpose of boarding animals for fee or reward and includes a veterinary clinic.
"animal breeding or training establishment" means a building or place used for the purpose of breeding or training animals for fee or reward, otherwise than in the course of agriculture, and includes a building or place used as a riding school, but does not include an animal boarding establishment.
"appointed day" means the day on which this plan takes effect.
"arts and crafts gallery" means a building used for the display of arts and crafts and which may also be used for the sale of arts and crafts.
"Australian noise exposure forecast (ANEF)" for land means a value allocated to the land on an index used for predicting the cumulative exposure to aircraft noise in communities near airports during a specified time period.
"awning" means a fixed or retractable canvas or metal roof-like covering to shelter persons or protect parts of a building from the effects of sun or rain, usually erected in front of a window or door, or over a balcony or deck.
"balcony" means an open or covered elevated horizontal platform attached to the upper floor of a building, projecting or recessed into the face of the wall, accessible from an adjacent room, and protected by a railing or balustrade.
"barbecue" means an outdoor facility, located in a backyard or courtyard, for domestic cooking.
"bed and breakfast" means the provision of accommodation and meals for commercial purposes within a dwelling-house:

(a) by the permanent residents of the dwelling-house, and

(b) on a short term basis,

where not more than 10 people occupy the dwelling-house, including the permanent residents. For the purpose of this definition, "dwelling-house" includes ancillary buildings (if any), forming part of the main building group, existing at the appointed day and any alterations to such buildings, provided that the site coverage, size and bulk of the buildings are not increased after that day.
"Building Code of Australia" has the same meaning as it has in the Environmental Planning and Assessment Act 1979 .
"bush fire hazard reduction" means a reduction or modification (by controlled burning or mechanical or manual means) of material that constitutes a bush fire hazard.
"cabana" means a covered structure which is often but not always used as a pool side shelter or change room or both.
"canopy" means an ornamental roof-like covering or projection, which may be for the purpose of providing shade or shelter, either suspended or supported on brackets, corbels or columns, over a door, window, niche or balcony.
"caravan park" means land used as a site for movable dwellings, including tents and caravans or other vehicles used for temporary or permanent accommodation.
"carport" means a roofed, open or semi-enclosed structure for the sheltering of motor vehicles, attached to, adjacent to, or near a dwelling-house.
"cladding" means the outer non-load bearing covering of external walls or roof of a framed building or structure, applied for weather-proofing or decorative purposes or both.
"commercial premises" means a building or place used as an office or for commercial purposes, but does not include a building or place elsewhere specifically defined in this clause or a building or place used for a purpose elsewhere specifically defined in this clause.
"community facility" means a building or place used to provide services relating to any one or more of the following:

(a) a public library,

(b) public health, welfare or information services,

(c) rest rooms,

(d) meeting rooms,

(e) indoor recreation,

(f) child minding,

(g) other community support facilities.

"complying development" has the same meaning as it has in the Environmental Planning and Assessment Act 1979 .
"contaminate" has the same meaning as it has in the Contaminated Land Management Act 1997 .
"contamination" has the same meaning as it has in the Contaminated Land Management Act 1997 .
"Council" means the Council of the Shire of Yarrowlumla and, in relation to land situated in the area of the City of Queanbeyan, the Council of the City of Queanbeyan.
"cubby house" means a small scale replica of a dwelling-house, usually of simple construction and located in the backyard or courtyard, which is used primarily by children for the purposes of play.
"deck" means a horizontal platform which may or may not be roofed and, usually at or slightly above ground level, attached to, or forming part of, a building.
"demolition", in relation to a heritage item, means the damaging, defacing, destruction, pulling down or removal of the heritage item in whole or in part.
"driveway" means a defined area within a property used by vehicles travelling between a carriageway and a property adjacent to or near a road.
"dual occupancy" means a building or group of buildings containing 2 dwellings only, situated on one allotment of land.
"excavation" or "filling" means works which alter the ground level.
"exempt development" has the same meaning as it has in the Environmental Planning and Assessment Act 1979 .
"feed lot" means a building or place in which or on which cattle, sheep or other livestock are held for the purpose of nurturing either wholly or partly by a feeding method other than natural grazing, but does not include a piggery, poultry farm or animal boarding, breeding or training establishment.
"forestry" includes arboriculture, silviculture, forest protection and the cutting, dressing and preparation (otherwise than in a sawmill) of wood and other forest products and the establishment of roads required for the removal of wood and forest products and for forest protection, but does not include tree farming.
"garaging of plant and trucks" means the storage and maintenance of up to 2 pieces of plant or trucks on a property where the plant or trucks are operated only by the occupier or occupiers of the property.
"garden shed" means a small building, usually of metal or timber construction, for the storage of garden implements and the like.
"gazebo" means a structure, usually roofed, and used for outdoor activities or entertaining, particularly during warm weather.
"general store" means a shop used for the sale by retail of general merchandise, petroleum products, rural and landscaping supplies, and may include the facilities of a post office, but does not include a service station.
"greenhouse" means a building, usually constructed chiefly of glass or other transparent material, for the cultivation or protection of plants that will not survive in outdoor conditions.
"ground level" means the level of a site prior to any development, including any excavation, filling or grading, that has taken place and, where the ground level has been altered after the appointed day, the ground level is taken to be that level of the site as determined by the Council.
"height" means the greatest distance measured vertically from any point of a building, including its roof, to the ground level below that point.
"heritage item" means a building, work, relic, tree or place of heritage significance to the Shire of Yarrowlumla and described in Schedule 1.
"heritage significance" means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
"home occupation" means any occupation or pursuit carried out in a room or a number of rooms forming part of, or within the curtilage of, a dwelling-house on an allotment, or in another building for which consent has been granted situated on the same allotment as a dwelling-house, where:

(a) only goods made or produced, or services offered, as a result of the occupation or pursuit are displayed, sold or provided, and

(b) the primary use of the dwelling is residential, and

(c) the gross floor area where the occupation or pursuit is carried out does not exceed 30 square metres, and

(d) the occupation or pursuit does not:

(i) interfere with the amenity of the locality 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

(ii) involve exposure to view from any public place of any matter, or

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

(iv) involve the exhibition of an advertising structure and the display of an advertisement on it or an advertisement that is not an advertising structure other than as exempt development, or

(v) involve a change in the appearance of the dwelling-house, or the land on which the dwelling-house is erected, that is, in the opinion of the Council, out of character with the appearance of the adjoining area, or

(vi) involve prostitution, and

(e) any retail sales are ancillary to the occupation or pursuit.

"home office" means an occupation carried on in a dwelling-house by the permanent residents of the dwelling-house, being an occupation that does not involve:

(a) the registration of the building under the Factories, Shops and Industries Act 1962 ,

(b) the employment of more than 3 persons other than permanent residents of the dwelling-house,

(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, oil or otherwise,

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

(e) the exhibition of any notice, advertisement or sign other than a notice or sign exhibited on the dwelling-house, or on land on which the dwelling-house is erected, to indicate the names and occupations of the permanent residents of the dwelling-house, or

(f) a change in the appearance of the dwelling-house, or the land on which the dwelling-house is erected, that is, in the opinion of the Council, out of character with the appearance of the adjoining area.

"intensive livestock keeping establishment" means a building or place in which or on which cattle, sheep, goats, poultry or other livestock are held for the purposes of nurturing by a feeding method other than natural grazing and, without limiting the generality of the foregoing, includes:

(a) piggeries,

(b) poultry farms, and

(c) fish farms (including farms cultivating crustaceans),

but does not include an animal boarding or training establishment or the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of the land.
"landscape" means character or visual quality of the environment of a particular location or area and may include both natural and man-made elements.
"main road" means a road declared to be a main road under the State Roads Act 1986 .
"maintenance" means the continuous protective care of the fabric of a heritage item and its setting.
"materials recycling yard" means a building or place used for collecting, dismantling, storing, abandoning or recycling secondhand or scrap materials for the purpose of resale.
"native vegetation" has the same meaning as it has in the Native Vegetation Conservation Act 1997 .
"paintball establishment" means a building or place used for the purpose of providing facilities for recreation field games such as paintball skirmish or the like.
"patio" means a ground level, unroofed paved area, surrounded by portions of a dwelling or building, and forming part of the living area.
"pergola" means an open-roofed framework over a path, terrace or patio, supported on posts or columns, and sometimes covered with plants trained over members.
"periodic public entertainment" means a fete, show, fireworks display or the like conducted from time to time by service clubs or similar bodies, but does not include major commercial entertainments.
"piggery" means a building or place where 3 or more pigs over 8 months of age are kept, but does not include an abattoir or slaughterhouse.
"plant depot" means a building or place used for the parking or servicing of movable plant and motor vehicles by the owner or lessee of that building or place, being plant used in an occupation or business carried on at some other location.
"playground equipment" means equipment such as swings and slides, designed primarily for use by children for the purposes of play.
"poultry farm" means:

(a) a building or place in which or on which more than 20 hens are kept, or

(b) a building or place which is used for commercial poultry breeding purposes.

"produce store" means a building or place used for the sale by retail of grain, stock feed fertiliser or veterinary medicine.
"public utility undertaking" means any of the following undertakings carried on or permitted or suffered to be carried on by or by authority of any Government Department or under the authority of or in pursuance of any Commonwealth or State Act:

(a) railway, road transport, water transport, air transport, wharf or river undertakings,

(b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services,

(c) undertakings for the provision of telecommunications facilities,

and a reference to a person carrying on a public utility undertaking shall be construed as including a reference to a council, county council, Government Department, corporation, firm or authority carrying on the undertaking.
"reception establishment" means a building or place used for the purpose of wedding receptions, birthday parties or the like, but does not include a refreshment room or hotel.
"recreation area" means:

(a) a children’s playground,

(b) a place used for sporting activities or sporting facilities, or

(c) a place 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) a public authority, or

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

but does not include a racecourse, showground or paintball establishment.
"recreation establishment" means a health farm, religious retreat house, rest home, youth hostel, guest house or the like but does not include a building or place elsewhere specifically defined for the purposes of this plan.
"relic" means any deposit, object or material evidence (terrestrial or underwater) relating to the use or settlement of the Shire of Yarrowlumla which is 50 or more years old.
"retail plant nursery" means a building or place used for the propagation for sale by retail of plants, whether or not landscape supplies (including earth products) and other landscape and horticultural products are also sold.
"retail winery" means a building erected or proposed to be erected for the purpose of manufacturing, storing and offering for sale viticultural products.
"rural home industry" means a rural industry carried on in a building (other than a dwelling-house) under the following circumstances:

(a) the building has a gross floor area not exceeding 200 square metres and is erected within the curtilage of a dwelling-house occupied by the person carrying on the rural industry, or on adjoining land owned by that person, and

(b) the rural industry does not:

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

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

(iii) require the provision of any essential service main of a greater capacity than that available in the locality.

"rural industry" means:

(a) the handling, treating, processing or packing of primary products, or

(b) the servicing in a workshop of plant or equipment used for rural purposes, or

(c) a combination of the activities referred to in paragraphs (a) and (b).

"statutory fire safety measure" has the same meaning as it has in the Environmental Planning and Assessment Regulation 1994 .
"the map" means the map marked “ Yarrowlumla Local Environmental Plan 1993 ”, as amended by the maps (or, if sheets of maps are specified, by the specified sheets of the maps) marked as follows:

Yarrowlumla Local Environmental Plan 1993 (Amendment No 6)

Yarrowlumla Local Environmental Plan 1993 (Amendment No 8)

Yarrowlumla Local Environmental Plan 1993 (Amendment No 12)

Yarrowlumla Local Environmental Plan 1993 (Amendment No 14)

"tree farming" includes the planting of trees for wind breaks, firewood or other purposes incidental to farming.
"utility installation" means a building or work used for a utility undertaking.
"utility undertaking" means any undertaking carried on by or by authority of any Government department, or in pursuance of any Commonwealth or State Act, for the purposes 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, or

(d) telecommunications facilities.

"veterinary establishment" means a building or place used for the diagnosis and surgical or medical treatment of animals, whether or not animals are kept on the premises for the purpose of treatment.
"wholesale plant nursery" means a building or place used for both the growing and wholesale of plants, whether or not landscape supplies (including earth products) and other landscape and horticultural products are also sold by wholesale from the premises.
"1966 holding" means:

(a) except as provided by paragraph (b)-an allotment, portion or parcel of land as it was at 7 January 1966, or

(b) where, as at 7 January 1966, a person owned 2 or more adjoining or adjacent allotments, portions or parcels of land-the land comprised of the aggregation of the areas of those allotments, portions or parcels as they were as at 7 January 1966.

"1995 holding" means:

(a) except as provided by paragraph (b)-an allotment, portion or parcel of land in existence at the date of gazettal of Yarrowlumla Local Environmental Plan 1993 (Amendment No 6) as a separate allotment, portion or parcel, or

(b) where, as at the date of gazettal of Yarrowlumla Local Environmental Plan 1993 (Amendment No 6) , a person owned 2 or more adjoining or adjacent allotments, portions or parcels of land having access to a public road-the land comprised of the aggregation of the areas of those allotments, portions or parcels,

but does not include a 1966 holding.

(2) In this plan:

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

(c) a reference to land within a zone specified in the Table to clause 10 is a reference to land shown on the map in the manner indicated in clause 9 as the means of identifying land of the zone so specified.