New South Wales Consolidated Regulations
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YARROWLUMLA LOCAL ENVIRONMENTAL PLAN 2002 -
DICTIONARY
(Clause 7 (2))
"abattoir" means a building or place used for the slaughter of animals,
whether or not animal by-products are processed, manufactured or distributed
at or from the building or place, and includes a knackery.
"Aboriginal Sites Survey" means a report on Aboriginal sites found on land
within the local government area of Yarrowlumla, deposited in the office of
the Council.
"access track" means a vehicular track constructed on privately owned land.
"activity" has the same meaning as in Part 5 of the Act.
"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 includes the erection of a structure or
carrying out of a work.
"advertising structure" means a structure used or to be used principally for
the display of an advertisement.
"agriculture-general farming" means the use of land for any purpose of animal
husbandry, including the keeping or breeding of livestock, poultry or bees and
for the growing of crops, but does not include the use of land for intensive
animal husbandry, intensive livestock keeping establishments, intensive plant
cultivation, aquaculture, the erection of buildings or activities which are
incidental or ancillary to a primarily residential use of the land concerned.
"agriculture-intensive animal husbandry" means the keeping or nurturing of
cattle, rabbits, alpaca, deer, goats, horses, poultry, sheep or other
livestock for commercial purposes where the method of feeding is reliant on
supplementary feeding as the primary method of feeding, but does not include:
(a) the use of a building or land for the purpose of feed lots, piggeries,
poultry farms or animal boarding establishments, or
(b) the keeping of
livestock or poultry intended solely for personal consumption or enjoyment by
the owner or occupier of the building or land in or on which they are kept, or
(c) intensive hand feeding of livestock as a result of a State declared
natural disaster or during drought declared periods.
"agriculture-intensive livestock keeping" means the use of 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 the use of:
(a) piggeries,
(b) poultry farms, and
(c) fish farms (including farms
cultivating crustaceans),
but does not include the use of an animal boarding
establishment or an animal breeding 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.
"agriculture-intensive plant cultivation" means agriculture involving the
irrigated cultivation of crops, including cereals, fruit, flowers, nuts,
vegetables, mushrooms, or turf, or the use of land for wholesale plant
nurseries or the use of hydroponics for commercial purposes.
"aircraft facility" means a place used for the taking off and landing of
aircraft, whether or not it includes: (a) a terminal building, or
(b)
facilities for the parking, storage, refuelling, maintenance or repair of
aircraft.
"airline terminal" means a building or place used for the assembly of
passengers and goods prior to the transport of those passengers and goods
either to or from an airport or an aerodrome.
"alter", in relation to a heritage item, means: (a) make structural changes to
the interior or the outside of the heritage item, if it is not identified by
this plan as being of State significance, or
(b) make non-structural changes
to the detail, fabric, finish or appearance of the interior or the outside of
the heritage item, or
(c) make structural changes to the interior of the
heritage item, if it is identified in this plan as being of State
significance.
"ANEF" means Australian Noise Exposure Forecast within the meaning of
Australian Standard AS 2021.
"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 the keeping of more than four dogs
aged six months or more whether or not for fee or reward and a building or
place used as a riding school, but does not include an animal boarding
establishment or intensive animal husbandry.
"appointed day" means the day on which this plan took effect.
"aquaculture" means the cultivation (including propagation and rearing) of the
living resources of the sea, or of estuarine or inland waters, whether or not
that cultivation is carried out at a farm established for that purpose using
an artificially created body of water.
"AS 2021" means Australian Standard AS 2021-2000, Acoustics-Aircraft noise
intrusion-Building siting and construction published by Standards Australia on
10 August 2000.
"attached dual occupancy" means a dual occupancy where the two dwellings are
contained within the one building and share at least one common wall (or
ceiling and floor, in the case of a multi-storey building) and have a common
roof line.
"bed and breakfast" means a dwelling that: (a) provides temporary overnight
accommodation for travellers, and
(b) offers at least one breakfast for
guests, and
(c) does not contain facilities in rooms for the preparation of
meals by guests, and
(d) is not used for the permanent or long-term
accommodation of any persons other than those, and the family of those, who
operate and manage the facility and who would normally reside on the land.
"boarding house" means a building or place: (a) where accommodation, meals and
laundry facilities in return for payment are provided to the resident, and
(b) which is not licensed to sell liquor within the meaning of the Liquor Act
1982 .
"brothel" means a building or place designed to be used or habitually used for
prostitution.
"building" has the same meaning as in the Act.
"bulk store" means a building or place used for the bulk storage of goods,
where the goods stored or to be stored are not required for use in a shop or
commercial premises on the same parcel of land or on adjoining land in the
same ownership.
"bulky goods salesroom or showroom" means a building or place used for the
sale by retail or auction of 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 their vehicles
after purchase,
but does not include a building or place used predominantly
for the sale of foodstuffs or clothing.
"bus depot" means a building or place used for the servicing, repair and
garaging of buses and other vehicles used for the purpose of a bus transport
undertaking.
"bus station" means a building or place used as a terminal for the assembly
and dispersal of passengers travelling by bus.
"bush fire hazard reduction" means a reduction or modification (by controlled
burning or by mechanical, chemical or manual means) of material that
constitutes a bush fire hazard carried out in accordance with a plan of
operations approved by the rural fires authority for the area.
"bush rock" means natural surface deposits of rock, including loose rocks on
rock surfaces or on the soil surface and rocks removed from rock outcrops by
excavation or blasting.
"caravan park" means land (including a camping ground, but not a primitive
camping ground) on which caravans or other moveable dwellings are located.
"cemetery-private" means an area of land used for the burial of more than 2
corpses within an allotment with an area greater than 5 hectares that is not
owned by the Council.
"cemetery-private burial site" means an area of land used for the burial of up
to 2 corpses within an allotment with an area greater than 5 hectares that is
not owned by the Council.
"cemetery-public" means a building or place designed to be used for the
burial, cremation or other processing of corpses that is owned by the Council,
and includes an ancillary chapel. Note: All requirements for disposal of
corpses made by or under the Public Health Act 1991 must be complied with.
"child care centre" means a building or place which is used (whether or not
for profit) for the purpose of educating, minding or caring for children
(whether or not any of the children are related to the owner or operator), but
only if the following conditions are satisfied: (a) the children number 6 or
more, are under the age of 6 years of age, and do not attend a government
school, or a registered non-government school, within the meaning of the
Education Act 1990 ,
(b) the building or place does not provide residential
care for any of the children (other than those related to the owner or
operator).
"church" means any place of public worship, whether in the Christian faith or
not.
"classified road" means a road or work or a proposed road or work declared
under the Roads Act 1993 to be: (a) a main road, or
(b) a secondary road, or
(c) a State highway, or
(d) a tourist road, or
(e) a State work, or
(f) a
freeway, or
(g) a controlled access road, or
(h) a tollway.
"club" means a building used by persons associated, or by a body incorporated,
for social, literary, political, sporting, athletic or other lawful purposes
whether of the same or a different kind and whether or not the whole or a part
of such building is the premises of a club registered under the
Registered Clubs Act 1976 .
"commercial premises" means a building or place used as an office or for other
business or commercial purposes, but (in the zoning table) does not include a
building or place elsewhere defined in this Dictionary or a building or place
used for a purpose elsewhere defined in this Dictionary.
"community facility" means a building or place owned or controlled by a public
authority or community organisation which may provide for the physical,
social, cultural or intellectual development or welfare of the local
community, but (in the zoning table) does not include a building or place
elsewhere defined in this Dictionary.
"contaminated soil" means soil that contains a concentration of chemical
substances (such as substances listed in the Australian Dangerous Goods Code )
that are likely to pose an immediate or long-term hazard to human health or
the environment. Soil is considered to pose such a hazard if the land in which
it is located is: (a) unsafe or unfit for habitation or occupation by people
or animals, or
(b) degraded in its capacity to support plant life, or
(c)
otherwise environmentally degraded.
"Council" means: (a) in relation to land within the area of the City of
Queanbeyan-Queanbeyan City Council, or
(b) in relation to any other
land-Yarrowlumla Shire Council.
"curtilage" of a dwelling house means land within 25 metres of a dwelling
house.
"demolish", in relation to a heritage item, means wholly or partly destroy,
deface or dismantle the heritage item.
"development" has the same meaning as in the Act.
"dredging" means the removal of material from the bed of a river or waterway.
"dual occupancy" means two dwellings on a single allotment of land one of
which has a floor area (excluding vehicle accommodation and verandahs) of not
more than 120 square metres.
"dwelling" means a room or suite of rooms occupied or used or so constructed
or adopted as to be capable of being occupied or used as a separate domicile.
"dwelling house" means a dwelling that is the only dwelling erected on an
allotment of land.
"early childhood centre" means a pre-school, kindergarten or child minding
centre.
"earthworks" means filling or excavating land to the extent that existing
drainage patterns or the use to which the land may be put, or both, are
changed, and includes the construction of dams and access tracks and the
rehabilitation of erosion gullies by backfilling.
"ecologically sustainable development" means development that meets the needs
of the present generation without compromising the ability of future
generations to meet their own needs (as derived from Our Common Future, The
Report of the World Commission on Environment and Development (December, 1987)
(the Brundtland Report). The principles of ecological sustainability are set
out in Schedule 1.
"education establishment" means a building or place used principally for
education and includes: (a) a school or tertiary institution, whether or not
accommodation for staff and students is provided and whether or not used for
the purpose of gain, and
(b) an art gallery or museum,
whether or not it has
ancillary facilities such as shops and restaurants.
"entertainment facility" means a building or place used for the purpose of
sport, entertainment, exhibitions, displays or cultural events and includes:
(a) sports stadiums, showgrounds, racecourses and the like, and
(b) theatres,
cinemas, music halls, concert halls, open air theatres, drive-in theatres and
the like.
"exhibition home" means a dwelling used temporarily for display purposes.
"extractive industry" means: (a) the winning of extractive material, or
(b)
an undertaking, not being a mine, which depends for its operations on the
winning of extractive material from the land on which it is carried on, 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, clay, soil, rock, stone or similar
substances not obtained from mining operations.
"feed lot" means a building or place in which or on which cattle, sheep or
other livestock are held for the purpose of nurturing by a feeding method
other than natural grazing, but does not include a piggery, poultry farm,
animal boarding establishment or animal breeding or training establishment.
"forestry" includes arboriculture, silviculture 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 other than agricultural machinery, on a property
where the plant or trucks are operated only by the occupier or occupiers of
the property, but does not include a plant depot.
"generating works" means a building or place used for the purpose of making or
generating gas, electricity 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 as measured at a height of 1,400 millimetres
above each floor level, but does not include: (a) columns, fin walls, sun
control devices and any elements, projections or works outside the general
line of the outer face of the external wall, or
(b) lift towers, cooling
towers, machinery and plant rooms and ancillary storage space and vertical
air-conditioning ducts, or
(c) car parking needed to meet any requirements of
the Council and any internal access to it, or
(d) space for the loading or
unloading of goods.
"ground cover" means all plant material that covers the ground, including
crops, stubble, pasture plants and their residues, leaf litter, bark and
twigs.
"group home" means a dwelling: (a) that is used to provide temporary or
permanent accommodation in a household environment, for the purpose of relief
or rehabilitation, for people with disabilities or socially disadvantaged
people, whether they are related or not, and
(b) that is occupied by those
persons as a single household, either with or without paid or unpaid
supervision or care and with or without payment for board and lodging being
required,
but does not include a building to which State Environmental
Planning Policy No 5-Housing for Older People or People with a Disability
applies.
"health care professional" means a person who provides professional health
services to members of the public, and includes: (a) a podiatrist registered
under the Podiatrists Act 1989 , and
(b) a chiropractor or osteopath or a
chiropractor and osteopath registered under the Chiropractors and Osteopaths
Act 1991 , and
(c) a physiotherapist registered under the Physiotherapists
Registration Act 1945 , and
(d) an optometrist registered under the
Optometrists Act 1930 .
"health consulting rooms" means a room, or a number of rooms, within a
building used by not more than three health care professionals, to provide
professional health care services to members of the public, but does not
include a hospital or a medical centre.
"helipad" means an area or place not open to public use and which is set apart
for the taking off and landing of helicopters.
"heliport" means a place open to the public regularly 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 conservation plan" means a document identifying the heritage
significance of a building, work, relic, tree or place and proposing controls
on its future development and use.
"heritage item" means a building, work, relic, tree or place described in
Schedule 7.
"high technology industry" means an industry or associated commercial activity
which is directly associated with the activities of a research establishment
or tertiary education establishment or which involves the use, development or
production of advanced technologies.
"hire establishment" means a building or place used for the hire of vehicles,
boats, caravans, equipment, machinery or the like.
"holding" means one or more adjoining or adjacent allotments in the one
ownership.
"home activity" means an activity or pursuit carried out in a building or room
or number of rooms forming part of, attached to, or within the curtilage of a
dwelling where: (a) the primary use of the dwelling is for residential
purposes,
(b) the activity or pursuit does not or is not likely to: (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,
(ii) involve exposure to view from
any public place of any matter,
(iii) require the provision of any essential
service main of a greater capacity than that available in the locality, or
(iv) generate traffic out of keeping with the surrounding locality, and
(c)
the activity or pursuit is undertaken by the permanent residents of the
dwelling.
"home occupation" means an occupation carried out in a dwelling by the
permanent residents of the dwelling which does not involve: (a) the licensing
of the premises under the Dangerous Goods Act 1975 , 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 or advertisement (other than a
notice or advertisement exhibited on that 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.
"hospital" means a building or place (other than a penal or reformative
establishment) used for providing professional health care services to people
whether or not they are admitted as inpatients and includes: (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 includes a building or
place used exclusively as a day surgery or day procedure centre, but does not
include health consulting rooms or a medical centre.
"hotel" means premises for the lawful operation of which a hotelier’s
licence is required under the Liquor Act 1982 .
"housing for aged or disabled persons" means residential accommodation which
may take any residential building form, and which is or is intended to be used
as housing for the permanent accommodation of aged persons or disabled
persons.
"industry" means: (a) any manufacturing process, or
(b) the breaking up or
dismantling of any goods or any article for trade or sale or gain or in a
process ancillary to any business,
but (in the Table to clause 11) does not
include an extractive industry, a high technology industry, a home industry, a
light industry, a rural home industry or a rural industry.
"institution" means a penal or reformative establishment.
"junk yard" means land used for the collection, storage, abandonment or sale
of scrap metals, waste paper, rags, bottles or other scrap metals 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.
"land degradation" means the decline in the quality of natural land resources
caused through improper use of land by humans.
"landfill" means the filling of land with materials such as earth, soil, sand,
concrete crushed to a maximum diameter of 300 mm and bricks, but does not
include putrescible waste or timber.
"landscape" means character or visual quality of the environment of a
particular location or area and may include both natural and built elements.
"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, being small scale
manufacturing, furniture manufacturing, restoration work and the like.
"liquid fuel depot" means a depot or place used for the bulk storage for
wholesale distribution of petrol, oil, petroleum or other inflammable liquid.
"main road" means a road declared to be a main road under the Roads Act 1993 .
"major road frontage", in relation to land, means the frontage of that land
to: (a) a main or arterial road, or
(b) a road connecting with a main or
arterial road, if the whole or any part of the frontage is within 90 metres
(measured along the road alignment of the connecting road) of the alignment of
the main or arterial road.
"manufactured home" means a self-contained dwelling (that includes at least
one kitchen, bathroom, bedroom and living area and also includes toilet and
laundry facilities), being a dwelling: (a) that comprises one or more major
sections that are each constructed, and assembled, away from a manufactured
home estate and transported to the estate for installation on the estate, and
(b) that is not capable of being registered under the
Road Transport (Vehicle Registration) Act 1997 .
"manufactured home estate" means land on which manufactured homes are, or are
to be, erected.
"market" means an open air area or building used for the selling, exposing or
offering for sale by retail of goods, merchandise or materials and includes
temporary structures and existing permanent structures used for that purpose
on an intermittent or occasional basis.
"materials recycling facility" means a building or place used for collecting,
dismantling, storing or recycling of second-hand or scrap materials for the
purpose of resale, reuse or transfer.
"medical centre" means a building or place used for providing professional
health services to outpatients only, but does not include a hospital or health
consulting rooms.
"mine" means any place, open cut, shaft, tunnel, pit, drive, level or other
excavation, drift, gutter, lead, vein, lode or reef on, in or by which any
operation is carried on for or in connection with the purpose of obtaining any
metal or mineral by any method and any place on which any product of the mine
is stacked, stored, crushed or otherwise treated, but does not include a
quarry.
"mineral" means any mineral within the meaning of the Mining Act 1992 .
"mineral sand mine" means a mine for or in connection with the purpose of
obtaining ilmenite, monazite, rutile, zircon or similar minerals.
"motel" means premises used for the temporary or short-term accommodation of
travellers, but (in the zoning table) does not include premises elsewhere
defined in this Dictionary.
"motor showroom" means a building or place used for the display or sale of
motor vehicles, caravans or boats, whether or not accessories are also sold or
displayed at the building or place.
"Murrumbidgee River corridor land" means the land shown stippled on the zoning
map.
"native plants" means plants indigenous to the State, including trees, shrubs,
ferns, vines, herbs and grasses indigenous to the State.
"offensive or hazardous industry" means an industry which, by reason of the
processes involved or the method of manufacture or the nature of the materials
used or produced, requires isolation from other buildings.
"offensive storage establishment" means any establishment where goods,
materials or products are stored which, when in operation and when all
measures proposed to 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 on the locality or on the existing or likely future development on
other land.
"paintball establishment" means a building or place used for the purpose of
providing facilities for recreational field games such as paintball skirmish
or the like.
"parking space" includes any garage or court available for use by vehicles.
"parking station" means a building or place, whether operated for gain or not,
used for parking vehicles otherwise than only as a use that is ordinarily
ancillary or incidental to another use, and includes any manoeuvring space and
access from or to the building or place.
"passenger transport terminal" means any building or place used for the
assembly and dispersal of passengers travelling by any form of passenger
transport, and includes any facilities required for parking, manoeuvring,
storage or routine servicing of any vehicle forming part of that undertaking.
"periodic public entertainment" means a fete, show, fireworks display or the
like conducted from time to time by a service club or similar body, but does
not include a major commercial entertainment.
"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.
"place of assembly" means a public hall, theatre, cinema, music hall, concert
hall, dance hall, open-air theatre, drive-in theatre, music bowl or any other
building of a like character used as such and whether used for the purpose of
gain or not, but does not include a place of public worship, an institution or
an educational establishment.
"place of public worship" means a building or place used for the purpose of
religious worship by a congregation or religious group, whether or not the
building or place is also used for counselling, social events, instruction or
religious training.
"plant depot" means a building or place used for the parking or servicing of
moveable 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.
"potential dam site" means an excavation in which water is stored by the use
of earthen walls or walls made of other materials.
"poultry farm" means: (a) a building or place in which or on which more than
500 hens are kept, or
(b) a building or place that is used for commercial
poultry breeding purposes.
"professional consulting rooms" means a room or a number of rooms forming
either the whole of or part of, attached to or within the curtilage of a
dwelling house and used by not more than three legally qualified medical
practitioners or by not more than three dentists within the meaning of the
Dentists Act 1989 , or by not more than three health care professionals, who
practise therein the profession of medicine, dentistry or health care
respectively, and if more than one practise in partnership, and who employ not
more than three employees in connection with that practice.
"public building" means a building used as offices or for administrative or
other like purposes by the Crown, a statutory body, a council or an
organisation established for public purposes.
"public land" has the same meaning as in the Local Government Act 1993 .
"public utility undertaking" means a building, work or undertaking carried out
under the authority of any Government agency or other public authority
(including the Council), or in pursuance of any Commonwealth or State Act for
the purpose of: (a) railways or roads, or
(b) railway, road, water or air
transport, or wharf or river undertakings, or
(c) the provision of sewerage
or drainage services, or
(d) the supply of water, hydraulic power,
electricity or gas, or
(e) telecommunications facilities.
"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, (in the zoning table) does
not include a building or place elsewhere specifically defined in this
Dictionary.
"recreation facility" means a building or place used for indoor recreation, a
billiard saloon, table tennis centre, squash court, swimming pool, gymnasium,
health studio, bowling alley, fun parlour 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 place of assembly.
"refreshment room" means a café, tearoom, eating room or the like, but does
not include a restaurant.
"relic" means: (a) any deposit, object or material evidence (which may consist
of human remains) relating to the use or settlement of the local government
area of Yarrowlumla, not being Aboriginal habitation, which is more than 50
years old, or
(b) any deposit, object or material evidence (which may consist
of human remains) relating to Aboriginal habitation of the local government
area of Yarrowlumla whether before or after its occupation by persons of
European extraction.
"residential flat building" means a building containing two or more dwellings.
"restaurant" means a building or place, the principal purpose of which is the
provision of food to paying customers for consumption on the premises.
"retail plant nursery" means a building or place used for both the growing and
retail selling of plants, whether or not ancillary products are sold there.
"retail winery" means a building erected or proposed to be erected for the
purpose of manufacturing, storing and offering for sale viticultural products.
"road" means a public road within the meaning of the Roads Act 1993 .
"road transport terminal" means a building or place used principally for the
bulk handling of goods for transport by road, and includes facilities for the
loading and unloading of vehicles used to transport those goods and for the
parking, servicing and repair of those vehicles.
"roadside stall" means a place or temporary structure used for selling by
retail agricultural produce or hand-crafted goods from the property of which
the place forms part or on which the structure is located.
"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,
(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 or oil, or otherwise, or
(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).
"rural tourist facility" means a building or place on a farm (which may
include a refreshment room and limited tourist accommodation) which is used to
provide tourists with a rural education and experience concerning the growing,
production or processing of rural products which are grown or cultivated on
that farm. (For the purposes of this definition, a
"farm" means an area of adjoining or adjacent land held in the same ownership
and in continuous use for agricultural or forestry purposes.)
"rural worker’s dwelling" means a dwelling located on land on which a
dwelling house is or is intended to be situated and used as the principal
place of residence by persons employed for the purpose of agriculture,
aquaculture or a rural industry on that land.
"sawmill" means a mill handling, cutting and processing timber from logs or
baulks.
"service station" means a building or place used for the fuelling of vehicles
involving the sale by retail of petrol, oil or other petroleum products,
whether or not the building or place is also used for one or more of the
following: (a) the hiring of vehicles,
(b) the retail selling or the
installing of spare parts and accessories for vehicles,
(c) the repairing or
servicing of vehicles (not involving body building, panel beating or spray
painting),
(d) the retail selling or hiring of small consumer goods.
"shop" means a building or place used for the purpose of selling, exposing or
offering for sale goods, merchandise or materials, but (in the zoning table)
does not include a building or place elsewhere defined in this Dictionary.
"site area" means the area of land to which an application for consent under
the Act relates, excluding any land on which the development to which the
application relates is not permitted by or under this plan.
"stock and sale yard" means a building or place used for the purpose of
offering livestock or poultry for sale.
"store, convenience" means a building or place which: (a) trades principally
in the retail sale of groceries, take-away foods, smallgoods and household
items and services, and
(b) may be attached to or form part of a dwelling,
and
(c) does not have an area devoted to retailing that exceeds 75 square
metres, and
(d) is not located closer than 400 metres to another such shop.
"store, general" means a building or place 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.
"store, produce" means a building or place used for the sale by retail of
grain, stock feed, fertiliser or veterinary medicine.
"telecommunications facility" means a building, structure, work or place (such
as a radio mast, tower, earth station, cable, satellite dish or the like) used
specifically for transmitting, receiving or passing on signals, but does not
include a domestic structure.
"the Act" means the Environmental Planning and Assessment Act 1979 .
"the Department" means the Department of Planning.
"tourist facility" means an establishment providing for holiday accommodation
or recreation and may include a boatshed, boat handling facilities, camping
ground, caravan park, holiday cabins, hotel, houseboat, marina, motel,
playground, refreshment room, water sport facilities or a club used in
conjunction with any tourist activities.
"transport depot" means a building or place used for the parking or servicing
of motor powered or motor drawn vehicles used in connection with a passenger
transport undertaking, business, industry or shop.
"transport terminal" means a building or place used as an airline terminal, a
road transport terminal, a bus station or a bus depot.
"tree farming" means the planting of trees on land for firewood or other
purposes incidental to the farming of that land.
"units for aged persons" means a residential flat building used to house
eligible persons as defined in the Aged or Disabled Persons Care Act 1954 of
the Commonwealth, erected or to be erected by an eligible organisation as
defined in that Act, the Department of Housing or any other government agency
or instrumentality.
"utility installation" means a building or work used by a public utility
undertaking, but does not include a building designed wholly or principally as
administrative or business premises or as a showroom or a road.
"vacant", in reference to an allotment or a holding, means an allotment or a
holding on which no dwelling is erected.
"vehicle body repair workshop" means a building or place used for the repair
of vehicles, involving body painting, panel beating or spray painting.
"vehicle repair station" means a building or place used for the purpose of
carrying out repairs (other than repairs involving body building, panel
beating or spray painting), or the selling and fitting of accessories, to
vehicles.
"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 and may include related laboratory
facilities.
"warehouse or distribution centre" means a building or place used mainly for
storing, handling, 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.
"zoning map" means the map marked “ Yarrowlumla Local Environmental Plan
2002 ”, as amended by the maps (or 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.
Yarrowlumla Local Environmental Plan
2002 (Amendment No 3) -Sheet 1
"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) (13 October 1995), 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
land held under the Crown Lands Act 1989 .
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