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BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 -
DICTIONARY
(Clause 6 (1))
"Aboriginal object" means any deposit, object or material evidence (not being
a handicraft made for sale) relating to Aboriginal habitation of the City,
being habitation before or concurrent with the occupation of that area by
persons of non-Aboriginal extraction, and includes Aboriginal remains (within
the meaning of the National Parks and Wildlife Act 1974 ).
"Aboriginal place" means a place which has been declared so by the Minister
administering the National Parks and Wildlife Act 1974 because he or she
believes that the place is or was of special significance to Aboriginal
culture. It may or may not contain Aboriginal objects.
"accessible housing" means residential accommodation which is or is intended
to be used permanently as housing for the accommodation of older people or
people with a disability and which may consist of a residential care facility,
a hostel or a grouping of 2 or more self-contained units, or a combination of
these, whether attached to another dwelling or not, and may include associated
facilities, but does not include a hospital.
"accessible housing area" means an area of a nominated township, shown on Map
Panel A of the Map as an accessible housing area by means of distinctive
hatching.
"accommodation suite" means a room or a number of rooms occupied or used or so
constructed or adapted as to be capable of being occupied or used as
short-term accommodation for a visitor to tourist accommodation or as the
lodgings of a resident at a boarding house.
"active street frontage" means a street frontage with interactive spaces
between the building frontage and adjacent footpaths, road reserves or other
public spaces that--
(a) provide interesting stimuli and activity for
pedestrians to observe, thereby enhancing their experience of the village or
town centre, or
(b) enhance pedestrian safety and amenity through the
provision of casual surveillance afforded by occupants.
"adjoining zone" means a zone that shares a length of a cadastral boundary
with the lot subject to a development application or shares a zone boundary
with the zone within which development is proposed to be undertaken.
"advertising structure" means the display of symbols, messages or other
devices for promotional purposes or conveying information, instructions,
directions or the like (whether or not the display includes the erection of a
structure or the carrying out of a work) that is ancillary or otherwise
related to a lawful use of the land on which the structure is located, but
does not include signs erected by the Council or a public authority for the
purposes of road safety, providing locality names or giving locality
directions.
"alter" , in relation to-- (a) a heritage item, means to-- (i) make structural
changes to the inside or outside of the heritage item, or
(ii) make
non-structural changes to the detail, fabric, finish or appearance of the
outside of the heritage item, including changes resulting from painting
previously unpainted surfaces, but not including painting of previously
painted surfaces unless a different colour scheme or paint type is used, or
(b) a building or work within a heritage conservation area, means to-- (i)
make structural changes to the outside of the building or work, or
(ii) make
non-structural changes to the detail, fabric, finish or appearance of the
outside of the building or work, including changes resulting from painting
previously unpainted surfaces,
but not including changes resulting from
painting previously painted surfaces unless a different colour scheme or paint
type is used.
"amusement centre" means premises containing more than 3 amusement machines
and open to the public for the operation or viewing of those machines.
"amusement machine" means a machine devised as a game, whether coin operated
or not, and includes a snooker table or pool table.
"animal establishment" means a building or place used for the breeding,
boarding, training, keeping or care (excluding veterinary care) of animals
(excluding rural livestock) for commercial purposes, but does not include the
use of land and buildings associated with a dwelling house for the breeding,
boarding, training, keeping or care of domestic animals owned by the residents
of the dwelling house.
"appointed day" means the day on which this plan took effect.
"archaeological site" means the site of one or more relics.
"arts and crafts gallery" means a building used for the production, display
and sale of arts and crafts that does not-- (a) interfere with the amenity of
the locality by reason of increased traffic, the emission of noise, vibration,
smell, fumes, smoke, vapour, steam, soot, ash, dust, wastewater, waste
products, grit or oil, or the like, or
(b) involve the exposure to view from
any public place of any unsightly matter.
"asset protection zone" (
"APZ" ) means the area forming a fire break between a bush fire hazard area
and a building or other asset, in which area the amount of fuel available to
burn in a bush fire is minimised to protect human life, property and the
environment.
"attached" , in relation to a dual occupancy, means the sharing of a length of
common wall by two dwellings, which generally provides for a contiguous roof
design, except in the case of a heritage item where an alternative form of
attachment may occur that-- (a) is appropriate to the heritage significance of
the item, and
(b) contributes to the preservation of the original fabric of
the item, and
(c) achieves the impression of an integrated structure.
"bed and breakfast establishment" means a dwelling house that-- (a) has been
constructed, adapted or altered to provide short-term paid accommodation for
no more than 6 visitors at any one time, and
(b) provides that accommodation
within no more than 3 bedrooms, and
(c) is designed to enable the use of
other rooms within the dwelling house for activities associated with the
accommodation, and
(d) is connected to a reticulated sewerage system, and
(e) is operated solely by the permanent residents (who may include the owner)
of the dwelling house, and
(f) is so operated as to provide for the
consumption of food on the premises only by permanent residents and guests of
the bed and breakfast establishment,
but does not include a dwelling house
subject to refreshment room use.
"boarding house" means a building or place wholly or partly let in lodgings
which provides lodgers with a principal place of residence that is not-- (a)
self contained, or
(b) licensed under the Liquor Act 1982 , or
(c) tourist
accommodation, or
(d) any other kind of building or place specifically
defined in this Dictionary.
"building" has the same meaning as in section 4 of the Act.
"Building Code of Australia" has the same meaning as in section 4 of the Act.
"building height" means the distance measured in metres vertically from the
highest point of the roof to the finished ground level immediately below that
point.
"bulky goods showroom" means a building or place used for the sale by retail
or auction, or for 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 their vehicles after purchase or hire.
"bush fire code" means a bush fire environmental assessment code in force
under Division 8 (Development of bush fire prone land and for bush fire hazard
reduction) in Part 4 of the Rural Fires Act 1997 .
"bush fire hazard" is the potential severity of a bush fire, influenced by
climate and weather patterns, vegetation (fuel quantity, distribution,
moisture) and slope.
"bush fire hazard reduction work" means-- (a) the establishment or maintenance
of fire breaks on land, and
(b) the controlled application of appropriate
fire regimes or other means for the reduction or modification of available
fuels within a predetermined area to mitigate against the spread of a bush
fire,
but does not include construction of a track, trail or road.
"bush fire prone land" means land within the City recorded for the time being
as bush fire prone land on the bush fire prone land map held in the offices of
the Council, as certified by the Commissioner of the NSW Rural Fire Service
under section 146 of the Act.
"bush fire risk" means the chance of a bush fire igniting, spreading and
causing damage to assets of value to the community.
"bush regeneration" means work carried out on land by or on behalf of the
owner of that land in order to revegetate that land with locally indigenous
species, and includes the removal of species listed in the schedule entitled
"Weeds of the Blue Mountains" within the Council's Better Living DCP , but
does not include the clearing or removal of any vegetation or tree in
accordance with clause 54 (Preservation of trees) or clause 54A (Bushland
protection).
"bushland" means land on which there is vegetation that 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.
"bushrock" means any natural deposit of rock. It includes loose rocks on rock
surfaces or on the soil surface or that may have been removed from rock
outcrops by excavation or blasting.
"camping site" means a place designated for use for the temporary placement of
tents or camper trailers or the like, but not for caravans or other moveable
dwellings.
"car repair station" means a building or place used for the purpose of
carrying out repairs to motor vehicles, including the fitting, repair or
replacement of tyres to motor vehicles, but not involving-- (a) body building,
or
(b) panel beating which involves dismantling, or
(c) spray painting other
than of a touching-up character.
"caravan park" means a site used for the purpose of placing moveable dwellings
(as defined by the Local Government Act 1993 ) for permanent accommodation or
for temporary accommodation by tourists.
"caretaker's dwelling" means a dwelling used in conjunction with or associated
with a use for which consent has been granted.
"child care centre" means any place where a child care service, such as a
service of the kind provided at a long day care centre, a pre-school centre,
an occasional care centre, a children's neighbourhood centre or a
multi-purpose child care centre or the like, is provided for the purpose of
educating, minding or caring for 6 or more children (not including any
children who are related to the person providing the service), but does not
include a place providing overnight accommodation for those children.
"class 10 building" means a building classified as a class 10 building within
the Building Code of Australia .
"classified road" has the same meaning as in the Roads Act 1993 and includes
the Great Western Highway, Hawkesbury Road, Darling Causeway and Bells Line of
Road.
"clearing" means-- (a) cutting down, felling, thinning, logging, removing or
transplanting vegetation, or
(b) killing, destroying, poisoning, ringbarking,
uprooting or burning vegetation, or
(c) severing, topping, lopping or pruning
branches, limbs, stems or trunks of vegetation, or
(d) substantially damaging
or injuring vegetation in any other way.
"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 part
of such building is the premises of a club registered under the
Registered Clubs Act 1976 .
"cluster housing" means the development of land, containing an area of
development excluded land, designed as an integrated whole and involving-- (a)
the concentration of the development on the land within the development site
that is most suited to development, and
(b) the subdivision of the land into
five lots or more, and
(c) the erection of a dwelling house on each lot
(other than on any neighbourhood or common property lot or lots), and
(d) at
a minimum, the consolidation of the major part of the development excluded
land within a neighbourhood or a common property lot, and
(e) the
implementation of management measures approved by the Council, to create and
maintain fire protection zones, and to protect and enhance the environmental
values of the development excluded land referred to in paragraph (d) and any
other natural areas within the development site, and
(f) a scheme for joint
ownership of the neighbourhood or common property lot by the owners of all
other lots in a neighbourhood or strata scheme.
"commercial premises" means a building or place used as an office or for other
business or commercial purposes, but does not include a building or place
elsewhere defined in this Dictionary.
"community building" means a building or place owned by the Council or under
the Council's care, control and management and used to provide facilities
comprising or relating to any one or more of the following-- (a) a public
library,
(b) public health and welfare services,
(c) rest rooms,
(d)
meeting rooms,
(e) indoor recreation,
(f) child minding,
(g) baby health
centres,
(h) public halls,
(i) exhibition spaces,
(j) club rooms,
(k) bush
fire brigade buildings,
(l) refreshment rooms.
"community centre" means a building or place used for the physical, social,
cultural or intellectual development or welfare of the local community.
"community land" means land classified as community land in accordance with
the Local Government Act 1993 .
"complying development" is identified in clause 33.
"conservation management plan" means a document prepared in accordance with
the requirements of the NSW Heritage Office that establishes the heritage
significance of an item, place or heritage conservation area and that
identifies conservation policies and management mechanisms that are
appropriate to enable that significance to be retained.
"contaminated land" means land in, on or under which any substance is present
at a concentration above the concentration at which the substance is normally
present in, on or under (respectively) land in the same locality, being a
presence that presents a risk of harm to human health or any other aspect of
the environment.
"cultural facility" means a building or place that provides cultural, learning
and function facilities for visitors and residents.
"curtilage" means the geographical area and visual setting that provides the
physical context for a heritage item, a heritage conservation area or a
building, relic, place, tree or work within a heritage conservation area,
which is relevant in the interpretation of its heritage significance. Land
title boundaries and heritage curtilages do not necessarily coincide.
"dam" means a body of water, the flow of which is held back by a wall of
earth, stone or otherwise.
"demolish" a heritage item or a building, work, archaeological site, tree or
place within a heritage conservation area, means wholly or partly destroy,
dismantle or deface the heritage item or the building, work, archaeological
site, tree or place.
"demolition" , in relation to a building or work that is neither a heritage
item nor within a heritage conservation area, means the damaging, defacing,
destruction, pulling down or removal of that building or work, in whole or in
part.
"development" has the same meaning as in the Act.
"development ancillary to a dwelling house" means a building, work or use that
is ordinarily incidental or ancillary to the building, work or use and
includes-- (a) clearing of native vegetation, and
(b) the provision of car
parking and hard-stand areas, and
(c) such measures as are required to meet
the requirements of this plan, including the provision or use of stormwater
control devices or sewage disposal areas,
but does not include a building,
work or use for the purpose of providing public utility services or that is
elsewhere defined in this Dictionary.
"development control plan" (
"DCP" ) has the same meaning as in the Act.
"development excluded land" means any land-- (a) zoned Environmental
Protection--Private, or
(b) that is designated on Map Panel B as a Protected
Area--Slope Constraint Area, or
(c) that is designated on Map Panel B as a
Protected Area--Ecological Buffer Area or that comprises a watercourse
corridor, together with any buffers required to protect the watercourse
corridor, or
(d) on which any significant vegetation community is located,
together with any buffers required to protect that community, or
(e) that is
the habitat of any threatened species, population or ecological community, the
development of which would have a significant effect on the threatened
species, population or ecological community as determined in accordance with
section 5A of the Act, or
(f) on which any rare species of flora is located,
together with any buffers required by the Council to protect that flora, or
(g) on which there is located any significant landscape or special feature
which in the opinion of Council is worthy of preservation.
"display garden" means a private garden that is open to the public from time
to time during any period longer than a total of four weeks in any
twelve-month period.
"district supermarket" means a building or place used for the purpose of
selling, exposing or offering for sale by retail or hire, goods, merchandise
or material, with a gross floor area in excess of 1,500 square metres.
"domestic swimming pool" means any excavation, structure or vessel that can be
filled with water to a depth of 300 millimetres or more and is used for
swimming, wading or paddling or any other water recreational activity. It
includes spa pools and wading pools, but does not include spa baths, other
bathroom fixtures or another work elsewhere defined in this Dictionary.
"drive-in take-away food outlet" means use of premises for the purpose of
selling fast food to the public only for consumption off the premises, being
premises at which service is provided to customers while they remain in a
motor vehicle.
"dual occupancy" means two dwellings on one allotment, being-- (a) an existing
dwelling that has been added to, creating two dwellings on one allotment, or
(b) an existing dwelling converted into two dwellings, or
(c) a new building
containing two dwellings, or
(d) two new detached dwellings on one allotment,
or
(e) two detached dwellings on one allotment after being erected at
different times, or
(f) if in existence at the appointed day, a building
containing two dwellings, but only if consent was granted for the building,
but does not include a building on one allotment containing a dwelling house
and a granny flat for which consent has been granted.
"dwelling" means a room or suite of rooms occupied or used or so constructed
or adapted as to be capable of being occupied or used as a separate domicile.
"dwelling house" means-- (a) a building containing one but not more than one
dwelling, or
(b) that part of a building containing a larger primary
dwelling, where that building also contains a granny flat for which consent
has been granted.
"ecologically sustainable development" means development that improves the
quality of life, both now and in the future, in a way that maintains the
ecological processes on which life depends.
"educational establishment" means a building or place used for a primary or
secondary school, a museum, gallery, or a tertiary education institution
(being a university, a TAFE establishment or other specialist college
providing formal education beyond secondary education and which is constituted
by or under an Act) and includes the community use or development for
community use of the facilities or site of the establishment, whether for gain
or not, but does not include a use elsewhere defined in this Dictionary.
"emergency bush fire hazard reduction work" means bush fire hazard reduction
work carried out to protect persons, property or the environment from an
existing or imminent danger arising out of a fire.
"environmental heritage" means a landscape, place, building, structure, relic,
object or other work of heritage significance.
"escarpment system" means-- (a) land that is characterised by a feature such
as a cliff or steep rock face, a long cliff-like ridge, a very steep slope, an
unusual geological formation, a rock outcrop or moist cliff-line vegetation,
and that may or may not have high visual significance or scenic prominence, or
(b) land that adjoins land described in paragraph (a).
"exempt development" is identified in clause 33.
"exhibition home" means a dwelling house constructed for display purposes to
demonstrate aspects of housing form, design, construction, materials and the
like and which may or may not be used for an ancillary purpose, such as a site
office used for purposes related to house sales.
"fast food" means food sold for immediate consumption (such as chicken, chips,
hamburgers and similar foods) and which can be provided without delay.
"floor" means that space within a building that is situated between one floor
level and the floor level next above or, if there is no floor above, the
ceiling or roof above.
"floor space ratio" (
"FSR" ) means the ratio of the total gross floor area of any building or
proposed building to the total allotment area (excluding any part of the land
zoned Environmental Protection--Private) on which the building is or is
proposed to be situated. Note : See also the definition of
"gross floor area" .
"general store" means a shop that sells foodstuffs, personal care products,
household cleaning products and small items of hardware (whether or not other
goods are also sold there and whether or not the facilities of a post office
are also included) and which has a gross retail floor space not exceeding 100
square metres.
"get-up" means, in relation to a product sold from premises referred to in
this plan, the dress in which the product is presented for sale, including the
shape, size and colouring of the container or packaging within which the
product is sold and the design of any label appearing on that container or
packaging.
"granny flat" means a dwelling-- (a) that has a gross floor area that does not
exceed 60m 2, and
(b) that is self-contained to the extent of having separate
kitchen and bathroom facilities, and
(c) that is part of a single building
which has the appearance of, and contains, a larger primary dwelling, and
(d)
that does not have a land title separate from that of the rest of the
building.
"greenhouse gases" means the following gases: carbon dioxide,
chlorofluorocarbons, methane, nitrous oxide, tropospheric ozone and any other
compounds or component the breakdown of which could form any of those gases
and lead to ozone depletion.
"gross floor area" (
"GFA" ) means the sum of the areas of each floor of a building, where the area
of the floor is taken to be the area within the outer face of the external
enclosing walls (as measured from a height of 1,400 millimetres above each
floor), excluding-- (a) any columns or projections outside the general line of
the outer face of the external walls, and
(b) lift towers, machinery rooms,
plant rooms, ancillary storage space, vertical air conditioning ducts, and
(c) car parking (including garages or carports) needed to meet the
requirements of the Council and internal access to that car parking, and
(d)
space for loading and unloading of goods.
"habitable buildings" means buildings where people live or dwell, being
buildings classified as class 1, 2 or 3 buildings within the Building Code of
Australia .
"habitat" means an area or areas occupied, or periodically or occasionally
occupied, by a species, population or ecological community and includes any
biotic or abiotic component.
"hazardous industry or hazardous storage establishment" means a development
for the purposes of an industry or any establishment where goods, materials or
products are stored 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.
"health care practice" means a room or a number of rooms forming part of,
attached to, or within the curtilage of a dwelling house and used by not more
than one health care professional at any one time for rendering professional
treatments or health care services to members of the public, together with
administrative support. For the purposes of this definition a
"health care professional" includes-- (a) a doctor, and
(b) a dentist, and
(c) a podiatrist registered under the Podiatrists Act 1989 or the
Podiatrists Act 2003 , and
(d) a chiropractor or osteopath or chiropractor
and osteopath registered under the Chiropractors Act 2001 or the Osteopaths
Act 2001 , and
(e) a physiotherapist registered under the
Physiotherapists Act 2001 , and
(f) an optometrist registered under the
Optometrists Act 2002 , and
(g) a complementary medicine practitioner who is
a member of a professional association listed in Schedule 1 to the
Therapeutic Goods Regulations 1990 of the Commonwealth.
"height at eaves" means the distance in metres measured vertically from any
point on the eaves, gutter line or equivalent building element to the finished
ground level immediately below that point.
"heritage conservation area" means an area of land that is identified in Part
2 of Schedule 6 and is shown distinctively on Map Panel C and includes
buildings, works, archaeological sites, trees and places situated on or within
that land.
"heritage impact statement" means a document consisting of a statement
demonstrating the heritage significance of a heritage item or heritage
conservation area, or of a building, work, archaeological site, tree or place
within a heritage conservation area, an assessment of the impact that the
proposed development will have on that significance and proposals for measures
to minimise that impact.
"heritage item" means-- (a) a building, work, archaeological site, tree or
place specified in an inventory of heritage items that is available at the
office of the Council and the site of which is described in Part 1 of Schedule
6 and shown on Map Panel C, or
(b) a place specified in an inventory of
heritage items available at the office of the Council and described in the
inventory as an Aboriginal place or object.
"heritage significance" means historical, scientific, cultural, social,
archaeological, architectural, natural or aesthetic value.
"holiday let" means the use of a dwelling house for short-term paid
accommodation where visitors or tourists stay for a period less than 3 months
and have a principal place of residence elsewhere, but does not include a use
elsewhere defined in this Dictionary.
"home business" means the use of a dwelling, or of a building erected on the
same allotment as a dwelling, as commercial premises in association with a
primarily residential land use where the business-- (a) is conducted by the
permanent residents of the dwelling, and
(b) has no more than 2 non-residents
working within the dwelling or building at any one time, and
(c) occupies or
is conducted from a space that does not exceed 50 square metres, and
(d) does
not involve the parking of more than 1 business-related motor vehicle on or in
the street fronting the site, excluding the owners' or employees' personal
motor vehicles, and
(e) either does not involve the provision of on-site
parking for business-related motor vehicles or involves the provision of
parking located to the rear of the dwelling or screened from view from the
public street, and
(f) does not involve the display or retailing of goods
from the site, and
(g) is within the capacity of existing service mains to
cater for the proposed use, and
(h) generates vehicular trips that are not
greater than 30 trips on average in a 24 hour period (15 return journeys) and
does not involve more than 1 visit per day from a delivery vehicle weighing
more than 2.5 tonnes, and
(i) will not generate traffic on a street that does
not have available carrying capacity for the traffic, and
(j) does not emit
odours, fumes or other airborne emissions that can be detected beyond the
property boundary and that may cause nuisance to surrounding residents who
have reasonable expectations about their environment, and
(k) does not
adversely affect the amenity of the locality by way of noise that is greater
than 5 dB(A) over the ambient noise level at the property boundary, and
(l)
does not interfere with the amenity of the locality by means of vibrations,
smoke, vapour, steam, soot, ash, dust, waste products, grit or oil, or
otherwise, and
(m) does not involve the use of premises for prostitution.
"home employment" means the use of a dwelling or a building erected on an
allotment for commercial premises, where the use-- (a) is associated with a
residential land use, and
(b) occupies or is conducted from no more than 50
per cent of the gross floor area of the dwelling, and
(c) involves no more
than 5 non-residents working within the building at any one time, and
(d)
does not cause the emission of odours, fumes or other airborne emissions that
can be detected beyond the property boundary that cause nuisance to
surrounding residents who have reasonable expectations about their
environment, and
(e) does not adversely affect the amenity of the locality by
way of noise emissions that are greater than 5 dB(A) over the ambient noise
level at the property boundary, and
(f) does not interfere with the amenity
of the locality by means of vibrations, smoke, vapour, steam, soot, ash, dust,
waste products, grit or oil, or otherwise, and
(g) does not involve the use
of the premises for prostitution.
"home occupation" means an occupation carried on in a dwelling house or in a
dwelling by the permanent residents of the dwelling house or dwelling, which
does not involve-- (a) the employment of persons other than those residents,
or
(b) interference with the amenity of the neighbourhood by reason of
traffic, the emission of noise, vibration, smell, fumes, smoke, vapour, steam,
soot, ash, dust, wastewater, waste products, grit or oil, or otherwise, or
(c) the display of goods, whether in a window or otherwise, or
(d) the
exhibition of any notice, advertisement or sign (other than a notice,
advertisement or sign exhibited on that dwelling house or dwelling to indicate
the name and occupation of the resident), or
(e) 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 an institution) used for the
purpose of providing professional health care services (such as preventative
or convalescent care, diagnosis, medical or surgical treatment, care of people
with developmental disabilities, psychiatric care or counselling and services
provided by health care professionals) to people admitted as in-patients
(whether or not out-patients are also cared for or treated there), and
includes-- (a) ancillary facilities for the accommodation of nurses or other
health care workers, ancillary shops or refreshment rooms 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 related
or ancillary 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.
"hotel" means premises to which a hotelier's licence granted under the
Liquor Act 1982 relates.
"industry" means an activity involving manufacturing, assembling, altering,
repairing, renovating, ornamenting, finishing, cleaning, washing, dismantling,
processing or adapting any goods or articles for commercial purposes and does
not include an offensive industry or hazardous industry.
"inert waste processing facility" means a facility that treats, processes or
recovers inert waste as defined for the purpose of Schedule 1 to the
Protection of the Environment Operations Act 1997 .
"inner protection area (IPA) for a building" means the inner component of an
asset protection zone that is maintained to minimal fuel loads so that a fire
path is not created between the hazard and the building, and may comprise a
combination of perimeter road, fire trail, rear yard or reserve.
"institution" means a penal or reformative establishment.
"integrated development" has the same meaning as in the Act.
"integrated housing" means the erection of housing and the carrying out of
related development that are the product of an integrated design approach and
comprises-- (a) a subdivision of land into two or more lots, and
(b) the
erection of a detached dwelling house on each lot (other than on any
neighbourhood or common property lot), and
(c) the creation of lots
consisting of private open space, or neighbourhood or common property,
with
all elements of the development, that require consent, being consented to
simultaneously.
"land management works" means works carried out by or on behalf of the
Council, the Crown or another statutory authority and includes erosion
control, drainage, revegetation, sediment control and the like, but does not
include bush fire hazard reduction works.
"light industry" means an industry, not being an offensive industry or a
hazardous industry, in which the processes carried on, the transportation
involved or the machinery or materials used do not interfere with the amenity
of the neighbourhood by reason of noise, vibration, smell, fumes, smoke,
vapour, steam, soot, ash, dust, wastewater, waste products, grit or oil, or
otherwise.
"likely habitat tree" means any tree naturally occurring (being native
vegetation or remnant native vegetation) which has developed hollows in the
trunk or limbs, and which is suitable for nesting birds, arboreal marsupials
(such as possums) or native placental mammals (such as bats) or which is
supporting the growth of locally indigenous or endemic epiphytic plants (such
as orchids).
"liquid fuel depot" means a depot or place used for the bulk storage for
wholesale distribution of petrol, oil, petroleum or other flammable liquids.
"locally indigenous vegetation" means plant species that belong to the
naturally occurring vegetation community or communities that are either
present on a site or which are known to the Council to have been present on a
site.
"main road" has the same meaning as in the Roads Act 1993 .
"maintenance" means the ongoing protective care of a heritage item or a
building, work, archaeological site, tree or place within a heritage
conservation area. It does not include alterations, such as carrying out
extensions or additions, or the introduction of new materials or technology.
"managed bush fire hazard reduction work" means bush fire hazard reduction
work that is carried out in accordance with a bush fire risk management plan.
"map" means a map held in the office of the Council. Note : See also
"the Map" .
"medical centre" means a building or place used for the purpose of providing
professional health services (including preventative care, diagnosis, medical
or surgical treatment or counselling) to out-patients only.
"minor additions" means extensions to an existing building that increase the
gross floor area by no more than 50 square metres.
"motor showroom" means a building or place used for the display or sale of
motor vehicles, caravans or boats, whether or not motor vehicle accessories,
caravan accessories or boat accessories are sold or displayed in or at the
building or place.
"multi-dwelling housing" means three or more dwellings in a group, whether
attached or detached, and includes villas, townhouses, apartments, terrace
buildings and the like.
"native vegetation" means any of the following types of vegetation-- (a)
indigenous trees,
(b) indigenous understorey plants,
(c) groundcover with
indigenous species within an area of land,
(d) indigenous plants occurring in
a wetland.
For the purposes of this definition,
"groundcover with indigenous species within an area of land" means any type of
dead or living herbaceous vegetation that covers not less than 10 per cent of
the area of land and not less than 50 per cent of which is comprised of
indigenous species.
"natural ground level" means the existing ground level before the commencement
of any works.
"nature-based recreation" means a recreational activity and the carrying out
and use of associated works that facilitate access to and use of the land
based on the natural setting and environmental values of the land, whether on
a commercial basis or otherwise, and may include an educative element, but
does not include activities ordinarily associated with a recreation area or a
recreation facility. For the purposes of this definition,
"associated works" include walking tracks, access for people with a
disability, interpretative signage, lookouts, safety barriers, and the like.
"offensive industry or offensive storage establishment" means a development
for the purposes of an industry or any establishment where goods, materials or
products are stored 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 in the locality or on the existing or
likely future development on other land in the locality.
"older people" means people aged 55 years or over.
"operational land" means land classified as operational land in accordance
with the Local Government Act 1993 .
"outer protection area" (
"OPA" ) means the outer component of an asset protection zone where fuel loads
are maintained so as to significantly reduce the intensity of an approaching
bush fire.
"panel beating workshop" means a building or place used for the purpose of
carrying out repairs to motor vehicles or agricultural machinery, where the
work involved includes one or more of the following-- (a) body building,
(b)
panel beating which may or may not involve dismantling,
(c) spray painting.
"parking" includes a paved or other area designed, marked or signposted for
use for the parking of motor vehicles where that use is ancillary to another
lawful use.
"parking facility" includes a paved or other area designed, marked or
signposted for use for the parking of motor vehicles.
"path of travel" means a continuous pathway that can be used by, and is
accessible to, a person in a wheelchair, but does not include a step or any
other impediment that would prevent the use of the pathway by a person in a
wheelchair.
"people with a disability" means people of any age who, as a result of having
an intellectual, physical, psychiatric or sensory impairment, either
permanently or for an extended period, have substantially limited
opportunities to enjoy a full and active life.
"permaculture" means the use of residential or recreational land to grow
fruit, vegetables and herbs using closed systems which are designed to
replicate the diversity, stability and resilience of natural ecosystems, for
non-commercial purposes, but does not include the planting or propagation of
any plant listed within the schedule entitled "Weeds of the Blue Mountains" in
the Council's Better Living DCP . Note : See also
"retail plant nursery" .
"place" means a site, area or group of works, together with any associated
structures and their fixtures.
"place of assembly" means a public hall, theatre, cinema, music hall, concert
hall, dance hall or open-air theatre, whether used for the purpose of gain or
not, but does not include a drive-in theatre or another building or place
elsewhere defined in this Dictionary.
"place of worship" means a church (whether used for worship in the Christian
tradition or otherwise), chapel or other building or place used for the
purpose of religious worship by a congregation or religious group, whether or
not the premises are used for religious instruction, counselling or religious
training.
"plan of management" means a plan of management prepared and adopted in
accordance with the Local Government Act 1993 or the Crown Land Management
Act 2016 .
"Planning for Bush Fire Protection" means the document of that name, ISBN 978
0 646 99126 9, prepared by the NSW Rural Fire Service in co-operation with the
Department of Planning, Industry and Environment, dated November 2019.
"potential Aboriginal place" means a place-- (a) that is specified in an
inventory of heritage items available at the office of the Council and
described in the inventory as a potential Aboriginal place, or
(b) that, in
the opinion of the consent authority, has the potential to be an Aboriginal
place, even if it is not so specified.
"potential archaeological site" means a site-- (a) that is specified in Part 1
of Schedule 6, described in that Schedule as a potential archaeological site
and shown on Map Panel C, or
(b) that, in the opinion of the consent
authority, has the potential to be an archaeological site, even if it is not
so specified.
"private open space" means those areas of outdoor space clearly identified as
belonging to a particular dwelling that are used for private outdoor activity,
drying areas and pedestrian circulation, and may include constructed open
spaces such as balconies or decks.
"public building" means a building used as offices or for administrative or
other like purposes by the Crown, a statutory body, the Council or an
organisation established for public purposes.
"public land" means any land (including a public reserve) vested in or under
the control of the Council, but does not include-- (a) a public road, or
(b)
land to which the Crown Land Management Act 2016 applies, or
(e) a regional
park under the National Parks and Wildlife Act 1974 .
"public place" means an area used as a public pathway or for other public
activities, whether of a formal or casual nature, and includes a public
footpath, road, laneway, park or car park.
"public transport terminal" means a building used for the assembly and
dispersal of passengers travelling by any form of public transport, and may
include another building that is ancillary or incidental to such a building
such as a shop, where the other building is used in conjunction with the
primary function of the building.
"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, and a reference to a person carrying on a public utility
undertaking is taken to include a reference to the Council or to a county
council, Government department, corporation, firm or authority carrying on the
undertaking.
"rare species of flora" means any flora species listed in the publication
entitled Rare or Threatened Australian Plants , Briggs and Leigh, 1995 Revised
Edition or any subsequent edition.
"recreation area" means-- (a) a children's playground, or
(b) an area used
for sporting activities or sporting facilities, or
(c) an area used by the
Council to provide for the physical, cultural or intellectual welfare of the
community, or
(d) an area used by a body of persons associated together for
the purposes of the physical, cultural or intellectual welfare of the
community to provide recreation facilities for those purposes,
but does not
include a showground, racecourse or other place elsewhere defined in this
Dictionary.
"recreation facility" means a building or place used for indoor recreation,
including a billiard saloon, table tennis centre, swimming pool, gymnasium,
health studio, bowling alley, fun parlour or any other building or place of a
like character, whether used for the purpose of gain or not, but does not
include a place of assembly.
"refreshment room" means use of a building or place, such as a restaurant,
cafe, tea room, eating house or the like, for the purpose of providing food
for consumption on the premises, but does not include a land use elsewhere
defined in this Dictionary.
"Regional Transport Corridor" means land within the Regional Transport
Corridor Zone.
"relic" means any deposit, object or material evidence (which may consist of
human remains) that is more than 50 years old relating to the use or
settlement, not being Aboriginal habitation, of the City of the Blue Mountains
and that is a fixture or is wholly or partly within the ground.
"remediation of contaminated land" means-- (a) removing, dispersing,
destroying, reducing, mitigating or containing the contamination of any land,
or
(b) eliminating or reducing any hazard arising from contaminated land
(including by preventing the entry of persons or animals onto the land).
"renovation" , in relation to a building or work, means-- (a) the making of
any structural changes to the outside of the building or work, or
(b) the
making of non-structural changes to the fabric or to the appearance of the
outside of the building or work, including changes that involve the repair,
plastering, or other decoration of the outside of the building or work.
"residential care facility" means accommodation for older people that includes
the provision of-- (a) meals and cleaning services, and
(b) personal care or
nursing care, or both, and
(c) appropriate staffing, furniture, furnishings
and equipment for the provision of that accommodation and care,
not being a
dwelling, hospital or psychiatric facility.
"retail plant nursery" means a building or place primarily used for the
selling, or exposing or offering for sale by retail, of growing plants,
landscape supplies, landscape products or horticultural products. It may also
have an ancillary use consisting of selling or offering for sale by retail
items associated with outdoor gardening and food for consumption on the
premises only.
"riparian vegetation" means any vegetation occurring on or adjacent to a
watercourse.
"road" means a private road or accessway, right-of-carriageway, or a public
road principally (though not solely) used as a carriageway for the passage of
vehicles.
"road transport terminal" means a building or place used for the principal
purpose of the bulk handling of goods for transport by road, including
facilities for the loading and unloading of vehicles used to transport those
goods and for the parking, servicing and repair of those vehicles.
"RTA" means the Roads and Traffic Authority.
"safe useful life expectancy (SULE) of a tree" means the length of time an
individual tree can be retained with an acceptable level of risk based on the
tree's health, vigour, structure and growth conditions.
"Scenic Quality Study" means the document entitled Hawkesbury-Nepean River
Scenic Quality Study published by the then Department of Urban Affairs and
Planning in 1996.
"school" , in relation to a special fire protection purpose, means an
educational establishment for students up to and including secondary school
level, including Sunday schools and the like.
"self-contained unit" means a unit or part of a building where private
facilities for cooking, sleeping and washing are contained in the unit or part
of the building, but where clothes washing facilities or other facilities for
use in connection with the unit or part may be provided on a shared basis.
"self-storage unit" means a building, part of a building or place used for the
storage of goods where the goods stored or to be stored are not used in a shop
or commercial premises on the same parcel of land or on adjoining land in the
same ownership.
"service station" means a building or place used for the fuelling of motor
vehicles or the sale by retail of petrol, oil, liquid petroleum gas or other
petroleum products and which also is used for any one or more of the
following-- (a) the sale by retail and the installation of spare parts and
accessories for motor vehicles,
(b) washing and greasing of motor vehicles,
(c) the hiring of trailers,
(d) repairing and servicing of motor vehicles
(other than body building, panel beating or spray painting),
(e) the retail
selling or hiring of small consumer goods.
"sex establishment" means premises habitually used by one or more sex workers
for the purpose of prostitution or that are designed for that purpose.
"shop" means a building or place used for the purpose of selling, exposing or
offering for sale by retail or hire, goods, merchandise or material, but does
not include a building or place elsewhere defined in this Dictionary.
"shop-top housing" means a dwelling or dwellings located above or otherwise
attached to shops or commercial premises.
"significant fauna" means any endangered or vulnerable species of fauna,
within the meaning of the Threatened Species Conservation Act 1995 , or any
locally rare or endemic species of fauna.
"significant habitat" means the habitat of any endangered species or
vulnerable species of flora or fauna, within the meaning of the
Threatened Species Conservation Act 1995 , or the habitat of any significant
fauna.
"significant vegetation communities" is defined in Schedule 5.
"site coverage" means the total area of the footprint of any building or
proposed building, and includes the footprint of any building ancillary to the
main building, and the area of any swimming pool or tennis court, expressed as
a percentage of the total allotment area.
"site disturbance" means the modification of landform, removal of natural
ground cover or removal of soil from a site.
"slab on ground" means a concrete floor supported on the ground and
incorporating integral edge beams.
"slope" means the gradient of the natural ground level, being the vertical
height divided by the horizontal distance expressed as a percentage. The slope
of the land is to be established by measuring the distance between 1 metre
contour intervals as shown on a detailed contour survey plan of the land
concerned that plots any rock outcrops on the land as well as other features.
"special fire protection purpose" has the same meaning as in section 100B of
the Rural Fires Act 1997 , and for the purpose of this plan includes the
following-- (a) accessible housing,
(b) bed and breakfast establishments,
(c) child care centres,
(d) group homes within the meaning of the Standard
Instrument (Local Environmental Plans) Order 2006 ,
(e) hospitals,
(f)
hotels,
(g) schools,
(h) tourist accommodation.
"special use" means a land use that provides a community service, public
facility or infrastructure carried out by the Council or another public
authority, institution, organisation, that is shown on Map Panel C for the
land concerned and that is distinctively identified on Map Panel C as being
for the purpose of one of the following-- (a) cemetery,
(b) defence,
(c)
depot,
(d) educational establishment,
(e) emergency services,
(f) hospital
or health centre,
(g) parking facility,
(h) public building or facility,
(i) waste management facility.
"species" means an animal or plant and includes any defined sub-species and
taxon below a sub-species and any recognisable variant of a sub-species or
taxon.
"subdivision of land" has the same meaning as in the Act.
"take-away food outlet" means use of premises for the purpose of selling fast
food to the public, predominantly for consumption off the premises, but does
not include a land use elsewhere defined in this Dictionary.
"telecommunications facility" means any part of the infrastructure of a
telecommunications network. It includes any telecommunications line,
equipment, apparatus, telecommunications tower, mast, antenna, tunnel, duct,
hole, pit, pole or other structure or thing used, or for use in or in
connection with a telecommunications network.
"telecommunications network" means a system, or series of systems, that
carries, or is capable of carrying, communications by means of guided or
unguided electromagnetic energy.
"the Act" means the Environmental Planning and Assessment Act 1979 .
"the City" means the City of Blue Mountains local government area.
"the corporation" has the same meaning as in the Act.
"the Council" means the Blue Mountains City Council.
"the Map" means the map marked " Blue Mountains Local Environmental Plan 2005
", as amended by the maps (or sheets of maps) marked as follows-- Editorial
note : The amending maps are not necessarily listed in the order of gazettal
or publication on the NSW legislation website. Information about the order of
gazettal or publication can be determined by referring to the Historical notes
at the end of the plan.
Blue Mountains Local Environmental Plan 2005
(Amendment No 1) --Sheets 1A, 1B and 2-4
Blue Mountains Local Environmental
Plan 2005 (Amendment 2--Katoomba Cultural Precinct) --Sheet 1
Blue Mountains
Local Environmental Plan 2005 (Amendment No 5)
Blue Mountains Local
Environmental Plan 2005 (Amendment No 9--Katoomba Civic Centre and Pioneer
Place)
Blue Mountains Local Environmental Plan 2005 (Amendment No 13) --Panel
A of Sheets 1, 2 and 3
Blue Mountains Local Environmental Plan 2005
(Amendment No 16)
Blue Mountains Local Environmental Plan 2005 (Amendment No
18)
Blue Mountains Local Environmental Plan 2005 (Amendment No 21)
Blue
Mountains Local Environmental Plan 2005 (Amendment No 24)
Blue Mountains
Local Environmental Plan 2005 (Amendment No 26) --Sheets 1-4
Blue Mountains
Local Environmental Plan 2005 (Amendment No 27)
"threatened species, populations or ecological communities" means species,
populations or ecological communities specified in Schedule 1 or 2 to the
Threatened Species Conservation Act 1995 .
"tourist accommodation" means a building or buildings providing for short term
visitor accommodation and recreation which use, adapt or complement the
existing building or buildings and which may include a refreshment room and
space capable of being used for functions such as receptions, conventions, or
the like.
"transport depot" means a building or place used for the parking, storage or
servicing of vehicles used in connection with any transport operation.
"utility installation" means a building or work used by a public utility
undertaking or the Council, and may include an aircraft surveillance radar,
but does not include a building designed wholly or principally as
administrative or business premises or as a showroom.
"vegetation clearing" means clearing or damaging by any means native
vegetation or plants that are not native to New South Wales that, in the
opinion of the consent authority, contribute positively to the scenic quality
or water quality of the locality.
"vegetation group 1" means a vegetation community that has been classified in
accordance with Planning for Bush Fire Protection as Vegetation Group 1
(forest).
"vegetation group 2" means a vegetation community that has been classified in
accordance with Planning for Bush Fire Protection as Vegetation Group 2
(woodlands, heaths and open shrub).
"vegetation group 3" means a vegetation community that has been classified in
accordance with Planning for Bush Fire Protection as Vegetation Group 3
(rainforests and grassland).
"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.
"visible wall" means an external wall visible from a public place or anywhere
outside the property on which it is situated.
"visitor facilities" means interpretive signs, lookouts, picnic facilities,
toilet facilities or access for people with a disability, and the like.
"warehouse" means a building or place, not being an offensive storage
establishment or a hazardous storage establishment, used for the storage of
goods, merchandise or materials pending their sale and distribution to persons
engaged in the retail trade.
"wastewater" means the used water arising from activities in dwellings,
institutions or commercial facilities consisting of all-waste, greywater or
blackwater.
"watercourse" means a body of water or a channel, being part of the natural
ecological condition of a catchment, and which comprises a creek, stream or
wetland with-- (a) a defined bed or banks, or
(b) endemic riparian vegetation
within or adjacent to the watercourse edge or banks which may provide habitat
for aquatic or terrestrial animals, or
(c) evidence of natural stream
processes such as siltation, erosion, gullying, pool or riffle zones,
and
which conveys continuous or intermittent water flows, but does not include
piped drainage lines.
"watercourse corridor" means the area occupied by a perennial or intermittent
watercourse, and any associated riparian creek line vegetation (belonging to a
significant vegetation community) within or adjacent to the edge of the stream
which may provide habitat for aquatic or terrestrial animals.
"width" , in relation to a lot, means the width of the allotment measured at
the minimum front setback, as specified for the zone applying to that land.
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