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SUTHERLAND SHIRE LOCAL ENVIRONMENTAL PLAN 2006 -
DICTIONARY
(Clause 5)
"Aboriginal object" means any deposit, object or other material evidence (not
being a handicraft made for sale) relating to the Aboriginal habitation of
Sutherland Shire, being habitation before or concurrent with (or both) the
occupation of that area by persons of non-Aboriginal extraction, and includes
Aboriginal remains.
"access channel" means a channel within tidal waters created by dredging or
other mechanical operations.
"acid sulfate soils" means naturally occurring sediments and soils containing
iron sulfides (principally pyrite) or their precursors or oxidation products,
whose exposure to oxygen leads to the generation of sulfuric acid (for
example, by drainage or excavation).
"Acid Sulfate Soils Guidelines" means guidelines by that name approved for the
purposes of this definition by the Director-General and made publicly
available.
"acid sulfate soils land" means land identified on the Acid Sulfate Soils Map.
"Acid Sulfate Soils Map" means the map marked " Sutherland Shire Local
Environmental Plan 2006--Acid Sulfate Soils ", as amended by the maps (or the
specified sheets of maps) marked as follows--
Editorial note : The amending
maps are not necessarily listed in the order of publication on the NSW
legislation website. Information about the order of publication can be
determined by referring to the Historical notes at the end of the plan.
Sutherland Shire Local Environmental Plan 2006 (Amendment No 14)--Acid Sulfate
Soils
"advertisement" has the same meaning as in the Act.
"advertising display area" means the area of an advertisement or advertising
structure used for signage, and includes any borders of, or surrounds to, the
advertisement or advertising structure, but does not include safety devices,
platforms or lighting devices associated with advertisements or advertising
structures.
"advertising structure" has the same meaning as in the Act.
"animal boarding or training establishment" means a building or place used for
breeding, boarding, training, keeping or caring for animals for commercial
purposes, and includes any associated riding school, but does not include a
veterinary hospital.
"aquaculture" has the same meaning as in the Fisheries Management Act 1994 .
"archaeological site" means a site of 1 or more relics, being a site that is--
(a) specified in the inventory of items, known as the Sutherland Shire
Heritage Inventory , available at the office of the Council, and
(b)
described in Schedule 6, and identified on the Heritage Map, as an
archaeological site.
"artificial waterbody" means an artificial body of water, including any
constructed waterway, canal, inlet, bay, channel, dam, pond, lake or
artificial wetland, but does not include a dry detention basin or other
stormwater management construction that is only intended to hold water
intermittently.
"arts and crafts centre" means a building or place providing facilities for
the cultural, intellectual, social and educational needs of the community and
that may incorporate any of the following-- (a) an art or craft gallery,
(b)
art or craft workshops and storage areas,
(c) exhibition and performance
space,
(d) a museum,
(e) a restaurant or shop,
(f) meeting and lecture
rooms,
(g) administration space,
(h) a caretaker's residence.
"attic" means any habitable space, but not a separate dwelling, contained
wholly within a roof above the ceiling line of the storey immediately below,
except for minor elements such as dormer windows and the like.
"backpackers' accommodation" means tourist and visitor accommodation-- (a)
that may have shared facilities, such as a communal bathroom, kitchen or
laundry, and
(b) that will generally provide accommodation on a bed basis
(rather than by room).
"basement" means the space of a building where the floor level of that space
is predominantly below ground level and where the floor level of the storey
immediately above is less than 1 metre above ground level.
"beach and foreshore protection works" means works undertaken on land within
or abutting a waterway for the purpose of rehabilitation (including the
construction or reconstruction of sea walls and works).
"bed and breakfast accommodation" means tourist and visitor accommodation
comprising a dwelling (and any ancillary buildings and parking) where the
accommodation is provided by the permanent residents of the dwelling for a
maximum of 6 guests in a maximum of 2 bedrooms and-- (a) meals are provided
for guests only, and
(b) cooking facilities for the preparation of meals are
not provided within guests' rooms, and
(c) dormitory-style accommodation is
not provided.
"berthing area" means a configuration of piles (typically 4), positioned
adjacent to a jetty, ramp or pontoon, designed for the permanent parking of a
vessel.
"boarding house" means a building-- (a) that is wholly or partly let in
lodgings, and
(b) that provides lodgers with a principal place of residence
for 3 months or more, and
(c) that generally has shared facilities, such as a
communal bathroom, kitchen or laundry, and
(d) that has rooms that
accommodate 1 or more lodgers.
"boatshed" means a single storey building or structure, associated with a
dwelling and used for the storage of small boats and boating equipment, and
includes any sliprails used to facilitate access for boats to and from the
building or structure to the water.
"brothel" means any building or place used habitually for the purpose of
prostitution.
"building" has the same meaning as in the Act.
"building identification sign" means a sign that identifies or names a
building and that may include the name of a building, the street name and
number of a building, and a logo or other symbol, but that does not include
general advertising of products, goods or services.
"bulky goods premises" means a building or place used primarily for the sale
by retail, wholesale or auction of (or for the hire or display of) bulky
goods, being goods that are of such size or weight as to require-- (a) a large
area for handling, display or storage, or
(b) direct vehicular access to the
site of the building or place by members of the public, for the purpose of
loading and unloading such goods into or from their vehicles after purchase or
hire,
but does not include a building or place used for the sale of foodstuffs
or clothing unless their sale is ancillary to the sale or hire of bulky goods.
"bus depot" means a building or place used for servicing, repairing and
garaging of buses and other vehicles used for the purposes of a bus transport
undertaking.
"bush fire hazard reduction work" has the same meaning as in the
Rural Fires Act 1997 .
"bush fire interface property" means land that is recorded as a bush fire
interface property on the Bush Fire Interface Property Map within the
development control plan.
"bush fire prone land" has the same meaning as in the Act.
"bush fire prone land map" has the same meaning as in the Act.
"business identification sign" means a sign-- (a) that indicates-- (i) the
name of the person or business, and
(ii) the nature of the business carried
on by the person at the premises or place at which the sign is displayed, and
(b) that may include the address of the premises or place and a logo or other
symbol that identifies the business,
but that does not include any
advertisement relating to a person who does not carry on business at the
premises or place.
"business premises" means a building or place used as an office, or for other
business or commercial purposes, but does not include-- (a) a building or
place used for any of the following-- (i) extractive industry,
(ii) industry,
(iii) light industry,
(iv) a maritime activity,
(v) offensive industry,
(vi) a radio-communications facility,
(vii) service support industry,
(viii)
a telecommunications facility, or
(b) any other building or place defined
elsewhere in this Dictionary and specified in the Table to clause 11 (Zoning
Table).
"car park" means a building or place used for parking vehicles, whether or not
operated for gain, and (for the purposes of clause 11 (Zoning Table)) does not
include a car park that is ancillary to another use.
"childcare centre" means a building or place used for the purpose of
supervising or caring for 6 or more under school age children (whether or not
those children are related to the owner or operator of the building or place)
that-- (a) may educate the children concerned, and
(b) may operate for the
purpose of financial gain,
but does not include a building or place providing
residential care for those children.
"coastal lake" means a body of water specified in Schedule 1 to the State
Environmental Planning Policy No 71--Coastal Protection .
"coastal waters of the State" --see section 58 of the Interpretation Act 1987
.
"Code for Commercial Home Catering" means the Sutherland Shire Council
Commercial Home Catering Code as adopted by the Council on 28 November 2005.
"community advertisement or notice" means an advertisement or sign that-- (a)
advertises a community or charity event, including sponsorship of a community
or charity event (but not the sale of a product), or
(b) is a health or
safety notice or a like notice, or
(c) is ancillary to the use of community
land (within the meaning of the Local Government Act 1993 ).
"community facility" means a building or place (other than the premises of a
registered club) owned or controlled by a public authority, a religious
organisation or a body of persons and used for the physical, social, cultural,
economic, intellectual or religious development or welfare of the community,
including a public library, a rest room, a public health service centre, a
recreation facility, a childcare centre, a police station, an ambulance
station, a fire station, a rescue or emergency service centre and a community
club.
"conservation" includes preservation, protection, maintenance, restoration and
adaptation.
"contaminated risk land" means land that is being, or has been, used for a
purpose which may cause contamination, as specified in the contaminated land
planning guidelines that have been notified under section 145C of the Act,
unless a notice of completion of remediation work has been given to the
Council in accordance with State Environmental Planning Policy No
55--Remediation of Land .
"convenience store" means a building or place used for the sale of groceries
and other small items that is operated in conjunction with a service station.
"correctional centre" means a correctional centre under the
Crimes (Administration of Sentences) Act 1999 or a detention centre under the
Children (Detention Centres) Act 1987 .
"Council's Aboriginal Cultural Heritage Study" means one of the following
documents held by the Council-- (a) the document entitled Sutherland Shire
Council Aboriginal Cultural Heritage Study (November 2002),
(b) the document
entitled Sutherland Shire Council Aboriginal Cultural Heritage Study--Georges
and Woronora Rivers (January 2004).
"Crime Prevention Guidelines" means Part B of the guidelines issued by the
Department of Urban Affairs and Planning (as it was then named) in April 2001
entitled Crime prevention and the assessment of development applications:
Guidelines under section 79C of the Environmental Planning and Assessment Act
1979 (ISBN 0 7347 0184 5) .
"demolish" , in relation to a heritage item, means wholly or partly destroy,
dismantle or deface the heritage item.
"development" has the same meaning as in the Act.
"development consent" has the same meaning as in the Act.
"development control plan" means the Sutherland Shire Development Control Plan
2006 adopted by the Council as in force on the date of commencement of
Sutherland Shire Local Environmental Plan 2006 (Amendment No 4) .
"development standards" has the same meaning as in the Act.
"dual occupancy" means 2 dwellings (whether attached or detached) on 1 lot of
land.
"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 building containing only one dwelling.
"ecologically sustainable development" has the same meaning as in the Act.
"educational establishment" means a building or place used for education,
including a school, tertiary institution (including a university or a TAFE
college) that provides formal education and is constituted by or under an Act,
an art gallery or museum, but does not include a childcare centre, or a
correctional centre, that provides for education.
"entertainment facility" means a building or place used for the purpose of
entertainment (including sport and exhibitions) and includes a place of public
entertainment within the meaning of the Local Government Act 1993 , a sports
stadium, a showground and a race course.
"extractive industry" means the winning or removal of extractive materials
(otherwise than from a mine) by methods such as excavating, dredging,
tunnelling or quarrying, including the storing, stockpiling or processing of
extractive materials by methods such as recycling, washing, crushing, sawing
or separating, but does not include turf farming.
"extractive material" means sand, soil, gravel, rock or similar substances
that are not minerals within the meaning of the Mining Act 1992 .
"fence" means a dividing structure of natural or other materials that extends
along, or is setback from, a boundary, whether or not continuously, including
components such as posts, panels, masonry, railings and any foundation
necessary to support the structure.
"ferry operations" means a regular, scheduled ferry service for conveying
passengers, vehicles or animals across water.
"flood planning land" means land that is shown as "Flood planning area" on the
Flood Planning Map.
"Flood Planning Map" means the map marked " Sutherland Shire Local
Environmental Plan 2006 Flood Planning Map (Amendment No 12) ", as amended by
the maps (or the specified sheets of maps) marked as follows-- Editorial note
: The amending maps are not necessarily listed in the order of publication on
the NSW legislation website. Information about the order of publication can be
determined by referring to the Historical notes at the end of the plan.
Sutherland Shire Local Environmental Plan 2006 (Amendment No 14)--Flood
Planning Map
"floor space ratio" --see clause 35.
"food shop" means a building or place having as its principal purpose the
preparation and retail of food or refreshments for consumption off the
premises and does not involve a drive-through service.
"foreshore building line" --see clause 17.
"foreshore land" means land that is between a foreshore building line and any
waterway or waterfront reserve in respect of which the building line is fixed.
"gas holder" means a container or vessel built or adapted for use for the
storage of gas, but does not include liquified petroleum gas containers or
vessels having a capacity of less than 15 kilolitres.
"generating works" means a building or place used for the purpose of making or
generating gas, electricity or other forms of energy.
"Greenweb Map" means the Greenweb Map contained within the development control
plan.
"gross floor area" means the sum of the floor area of each floor of a building
measured from the internal face of external walls, or from the internal face
of walls separating the building from any other building, measured at a height
of 1.4 metres above the floor, and includes-- (a) the area of a mezzanine, and
(b) habitable rooms in a basement or an attic, and
(c) any shop, auditorium,
cinema, and the like, in a basement or attic,
but excludes-- (d) any area for
common vertical circulation, such as lifts and stairs, and
(e) any basement--
(i) storage, and
(ii) vehicular access, loading areas, garbage and services,
and
(f) plant rooms, lift towers and other areas used exclusively for
mechanical services or ducting, and
(g) car parking to meet any requirements
of the consent authority (including access to that car parking), and
(h) any
space used for the loading or unloading of goods (including access to it), and
(i) terraces and balconies with outer walls less than 1.4 metres high, and
(j) voids above a floor at the level of a storey or storey above.
"ground level" means-- (a) if the level of the site has been modified by the
carrying out of development under a development consent that has been
commenced but not completed--the level of the land as it was prior to that
modification, or
(b) in any other case--the existing level of a site.
"group home" means a dwelling that is a permanent group home or a transitional
group home.
"hazardous industry" means development for the purpose of an industry that,
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, in the opinion of the
consent authority, pose a significant risk in the locality-- (a) to human
health, life or property, or
(b) to the biophysical environment.
"health care professional" means any person registered under an Act for the
purpose of providing health care and also includes an acupuncturist, a
herbalist, a homoeopath and the like.
"Height and Density Controls Map" means the map marked " Sutherland Shire
Local Environmental Plan 2006 Height and Density Controls ", as amended by the
maps (or the specified sheets of maps) marked as follows-- Editorial note :
The amending maps are not necessarily listed in the order of publication on
the NSW legislation website. Information about the order of publication can be
determined by referring to the Historical notes at the end of the plan.
Sutherland Shire Local Environmental Plan 2006 Height and Density
Controls--Cronulla Centre (Amendment No 11)
Sutherland Shire Local
Environmental Plan 2006 Height and Density Controls--Sylvania (Amendment No
12)
Sutherland Shire Local Environmental Plan 2006 Height and Density
Controls--Miranda Centre (Amendment No 19)
"heritage impact statement" means a document consisting of-- (a) a statement
demonstrating the heritage significance of a heritage item, archaeological
site or place of Aboriginal heritage significance, and
(b) an assessment of
the impact that proposed development will have on that significance, and
(c)
proposals for measures to minimise that impact.
"heritage item" means a building, work, archaeological site, tree, landform,
place or Aboriginal object-- (a) specified in an inventory of heritage items,
known as the Sutherland Shire Heritage Inventory , that is available at the
office of the Council, and
(b) described in Schedule 6, and
(c) the site of
which is shown on the Heritage Map.
"heritage item land" means land identified on the Heritage Map .
"Heritage Map" means the map marked " Sutherland Shire Local Environmental
Plan 2006--Heritage Items ", as amended by the maps (or the specified sheets
of maps) marked as follows-- Editorial 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.
Sutherland Shire Local Environmental Plan 2006 (Amendment No
4)--Heritage Items
Sutherland Shire Local Environmental Plan 2006 (Amendment
No 6) --Sheet 51
Sutherland Local Environmental Plan 2006 (Amendment No
9)--Heritage Items
Sutherland Shire Local Environmental Plan 2006 (Amendment
No 14)--Heritage Items
"heritage significance" means historical, scientific, cultural, social,
archaeological, architectural, natural or aesthetic value.
"high technology industry" means the manufacturing, production, assembling,
processing, or research and development of, any of the following-- (a)
electronic and microelectronic systems, goods or components,
(b) information
technology, computer software or hardware,
(c) instrumentation or
instruments,
(d) biological, pharmaceutical, medical or paramedical systems,
goods or components,
(e) other goods, systems or components intended for use
in science and technology.
"high technology medical industry" means the manufacturing, production,
assembling, processing or research and development of biological,
pharmaceutical, medical or paramedical systems, goods or components.
"home occupation" means an occupation carried on in a dwelling, or in a
building ancillary to a dwelling, by 1 or more permanent residents of the
dwelling that does not involve-- (a) the employment of more than 2 persons who
are not permanent residents of the dwelling, or
(b) interference with the
amenity of adjoining land or the locality by reason of the emission of noise,
vibration, smell, traffic generation or parking or otherwise,
but does not
include bed and breakfast accommodation.
"hostel" has the same meaning as in State Environmental Planning Policy
(Housing for Seniors or People with a Disability) 2004 .
"hotel" means premises that may provide accommodation and are specified in a
hotelier's licence granted under the Liquor Act 1982 .
"industry" means the manufacturing, production, assembling, altering,
formulating, repairing, renovating, ornamenting, finishing, cleaning, washing,
dismantling, transforming, processing or adapting, or the research and
development of any goods, chemical substances, food, agricultural or beverage
products, or articles for commercial purposes, but in clause 11 (Zoning Table)
does not include extractive industry, hazardous industry, high technology
industry, offensive industry or a mine.
"internal lot" means a lot to which there is no practical means of vehicular
access by car or to which the only practical means of vehicular access is by
way of-- (a) an access corridor (in the case of a hatchet-shaped lot), or
(b)
a right of way that traverses another lot, or
(c) an access corridor that is
common property in a strata plan or community title scheme.
"junk yard" means an area of land used for-- (a) the collection, storage,
abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap
materials or goods, or
(b) the collecting, dismantling, storage, or salvaging
of automobiles or other vehicles or machinery, or for the sale of parts of
such items.
"landscaped area" means that part of a site that is used for growing plants,
grasses or trees (including bushland), but does not include any building,
structure, hard paved area, driveway, garbage storage area or swimming pool,
or any planting over a basement, on a podium or roof top or within a planter
box.
"light industry" means an industry, not being an offensive industry or
hazardous industry, in which the scale of the activities involved, the
processes carried on, the transportation involved or the machinery or
materials used do not, in the opinion of the consent authority, interfere
unreasonably with the amenity of the neighbourhood.
"liquid fuel depot" means a depot or place used for the bulk storage for
wholesale distribution of petrol, oil, petroleum or other inflammable liquid.
"local government or community housing provider" means-- (a) a local
government organisation, or a not-for-profit organisation, that is a direct
provider of housing to tenants receiving government housing subsidies, or
(b)
an organisation approved by the Minister for Housing as a community housing
provider.
"maintenance" , in relation to a heritage item or archaeological site or place
of Aboriginal heritage significance, means ongoing protective care. It does
not include the removal or disturbance of existing fabric, alterations, such
as (in the case of a building) carrying out extensions or additions, or the
introduction of new materials or technology.
"maintenance dredging" means the winning, or removal, and disposal of
extractive material from the bed of a tidal waterway or access channel to
enable the waterway or access channel-- (a) to continue to function as a tidal
waterway or access channel, or
(b) to resume its function as a tidal waterway
or access channel.
"marina" means an arrangement of pontoons, jetties or the like, used as a
business for providing moorings for boats, together with associated
facilities, such as the following-- (a) slipways,
(b) facilities for the
repair, maintenance or fuelling of, or the provision of accessories and parts
for, boats,
(c) facilities for the storage or provision of food,
(d)
offices.
"maritime activity" means the use of land for the primary purpose of-- (a)
constructing, maintaining or selling boats and ancillary equipment, or
(b)
any other maritime business,
but does not include the use of land for the
purpose of a marina.
"medical facility" means a building or place used for the medical or surgical
treatment of persons, whether public or private, including any of the
following-- (a) any associated shop or dispensary,
(b) a hospital (other than
a psychiatric hospital),
(c) a sanatorium,
(d) a health centre,
(e) a home
for infirm persons, incurable persons or convalescent persons,
but does not
include any part of a correctional centre used for the medical or surgical
treatment of persons.
"mezzanine" means an intermediate floor within a room.
"mixed use premises" means a building that is used both for a land use having
a residential purpose and for another non-residential land use that is
permissible with or without consent.
"mooring" means a detached or freestanding apparatus located on or in a
waterway and that is capable of securing a vessel.
"motel" means a building or buildings used for temporary overnight
accommodation, whether or not the building or buildings is or are also used in
the provision of meals to travellers or the general public.
"motor showroom" means a building or place used for the display and sale of
motor vehicles, caravans or boats (whether or not motor vehicle accessories,
caravan accessories or boat accessories are sold or displayed) and may be used
for the servicing of motor vehicles, caravans or boats.
"natural waterbody" means a natural body of water, whether perennial or
intermittent, fresh, brackish or saline, the course of which may have been
artificially modified or diverted onto a new course, and includes a river,
creek, stream, lake, lagoon, natural wetland, estuary, bay, inlet or tidal
waters (including the sea).
"navigation aids" means buoys, signs, poles and lights located on or in a
waterway, or on land, in Sutherland Shire that are designed to assist the safe
and efficient movement of vessels on the waterway.
"nightclub" means premises specified in a nightclub licence under the
Liquor Act 1982 .
"offensive industry" means any development for the purpose of an industry that
would, 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) emit a polluting discharge
(including, for example, noise) in a manner that, in the opinion of the
consent authority, would have a significant adverse impact in the locality or
on the existing or likely future development on other land in the locality.
"passenger transport facility" means a building or place used for the
assembly, interchange or dispersal of passengers by any form of transport,
including facilities required for parking, manoeuvring, storage or routine
servicing of any vehicle that uses the building or place.
"permanent group home" means a dwelling-- (a) used to provide a household
environment for disabled persons or socially disadvantaged persons, whether
those persons are related or not, and
(b) occupied by the persons referred to
in paragraph (a) as a single household, with or without paid or unpaid
supervision or care and either with or without payment for board and lodging
being required,
but does not include a building to which State Environmental
Planning Policy (Housing for Seniors or People with a Disability) 2004 applies
or a transitional group home.
"place of Aboriginal heritage significance" means an area of land, identified
in the Council's Aboriginal Cultural Heritage Study, that is-- (a) the site of
1 or more Aboriginal objects or a place that has the physical remains of
pre-European occupation by, or is of contemporary significance to, the
Aboriginal people. It can (but need not) include items and remnants of the
occupation of the land by Aboriginal people, such as burial places, engraving
sites, rock art, midden deposits, scarred and sacred trees and sharpening
grooves, or
(b) a natural Aboriginal sacred site or other sacred feature. It
includes natural features such as creeks or mountains of long-standing
cultural significance, as well as initiation, ceremonial or story places or
areas of more contemporary cultural significance.
"place of assembly" means any building or place that comprises (or is of a
like character to) any of the following, within the meaning of the
Local Government Act 1993 , whether or not used for the purpose of financial
gain-- (a) a theatre or public hall,
(b) a drive-in theatre,
(c) an open-air
theatre,
but does not include any building or place comprising or within a
correctional centre, an educational establishment or a place of public
worship.
"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.
"public road" has the same meaning as in the Act.
"public utility undertaking" means any of the following undertakings carried
on or permitted 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 includes
a reference to a council, electricity supply authority, Government Department,
corporation, firm or authority carrying on the undertaking.
"radio communications facility" means a base station, radio communications
link, satellite-based facility or radio communications transmitter.
"recreation area" means a place used for indoor or outdoor recreation (other
than a racecourse or showground) for members of the public that comprises any
of the following (whether or not used for the purposes of financial gain)--
(a) open space for passive recreation activities,
(b) a children's
playground,
(c) a place used for sporting activities or that contains
sporting facilities,
(d) a place that contains facilities for recreational
activities that promote the physical, cultural or intellectual development of
persons within the community, being facilities provided by the Council, or by
persons that are associated, or by a body incorporated, for the purposes of
such development of persons.
"recreation facility" means a building or place used for indoor or outdoor
recreation that is provided for the purpose of financial gain that comprises
or is of a like character to any of the following-- (a) an amusement centre,
(b) a billiard saloon,
(c) a bowling alley,
(d) a golf driving range,
(e) a
gymnasium,
(f) a health studio,
(g) squash courts,
(h) a swimming pool,
(i) a table tennis centre,
(j) tennis courts.
"registered club" means a club in respect of which a certificate of
registration under the Registered Clubs Act 1976 is in force.
"relic" means any deposit, object or other material evidence of human
habitation-- (a) that relates to the settlement of Sutherland Shire, not being
Aboriginal settlement, and
(b) that is more than 50 years old, and
(c) that
is a fixture or is wholly or partly within the ground.
"repair centre" means a building or place used in association with the
operation of a waste recycling and management centre or waste depot and at
which materials and goods can be retrieved, repaired or refurbished for re-use
in the community.
"residential building" means a building (such as a dwelling house, residential
flat building or boarding house) that is solely or principally used for
residential purposes, and includes any structure (such as a garage or shed)
that is ancillary to such a building, but does not include any of the
following-- (a) a building that merely forms part of a complex of buildings
(such as a school or recreation centre) that is principally used for
non-residential purposes,
(b) a moveable dwelling,
(c) a hotel,
(d) a
motel.
"residential development" means development for residential purposes,
including any of the following-- (a) the erection or use of a dwelling house,
a dual occupancy, a villa house, a townhouse, a residential flat building, a
group home,
(b) the carrying out of subdivision for residential purposes,
(c) a combination of the development referred to in paragraphs (a) and (b).
"residential flat building" means a building containing, 3 or more dwellings
but does not include seniors housing, a townhouse or a villa house.
"residential medical practice" means one or more rooms within (or within the
curtilage of) a dwelling house used by not more than 3 health care
professionals who practise in partnership (if there is more than one such
professional) and who provide professional health care services to members of
the public.
"restaurant" means a building or place having as its principal purpose the
provision and retail of food for consumption on the premises, but does not
include a nightclub.
"road" includes any bridge forming part of a road.
"Road Hierarchy Map" means the Road Hierarchy Map contained in the development
control plan.
"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.
"safety fence" means the assembly of components, natural or otherwise that
forms the barrier to a swimming pool (exclusive of any gates), such as posts
and panels, walls, and sides of buildings, where they form part of the
barrier.
"seniors housing" has the same meaning as in State Environmental Planning
Policy (Housing for Seniors or People with a Disability) 2004 .
"service station" means a building or place used for the sale by retail of
fuels and lubricants for motor vehicles, whether or not the building or place
is also used for any one or more of the following-- (a) the ancillary sale by
retail of spare parts and accessories for motor vehicles,
(b) the cleaning of
motor vehicles,
(c) the installation of accessories,
(d) the inspection,
repair or servicing of motor vehicles (other than body building, panel
beating, spray painting, or chassis restoration),
(e) the ancillary retail
selling or hiring of general merchandise or services.
"service support industry" means the repair and maintenance of office or
household goods for financial gain.
"sex shop" means a building used for the purpose of either of the following--
(a) the sale, or the showing, exhibiting or displaying for financial gain, of
films or publications classified Category 1 restricted or Category 2
restricted under the Classification (Publications, Films and Computer Games)
Act 1995 of the Commonwealth,
(b) a business to which section 578E of the
Crimes Act 1900 applies.
"shop" means a building or place used for the purpose of display, sale, hire,
auction, processing of goods or materials, or like or ancillary activities,
but in clause 11 (Zoning Table) does not include bulky goods premises, a
convenience store, a food shop, a junk yard, a motor showroom, a service
station or a sex shop.
"shop-top housing" means 1 or more dwellings located above the ground floor of
a building, being a building in which a non-residential land use that is
permissible with or without consent is carried out on the ground floor.
"significant landform" means an area of land that is-- (a) specified in the
inventory of items, known as the Sutherland Shire Heritage Inventory ,
available at the office of the Council, and
(b) described as a significant
landform in Schedule 6.
"significant tree" means a tree that is-- (a) specified in the inventory of
items, known as the Sutherland Shire Heritage Inventory , available at the
office of the Council, and
(b) described as a significant tree in Schedule 6.
"storey" means a space within a building situated between one floor level and
the floor level above, or the ceiling or roof above, and includes the space
within the following-- (a) foundation areas, garages, workshops, storerooms,
basements and the like, whose external walls have a height of more than 1
metre, as measured vertically from the ground level immediately below,
(b) an
attic within a residential building, but only if-- (i) the roof of the attic
is pitched from more than 300mm above the floor of the attic or at an angle of
more than 35 degrees, or
(ii) the area of the attic exceeds 60 percent of the
floor space of the floor level below.
"street or traffic sign" includes a street name plate, a directional sign and
an advance traffic warning sign.
"subdivision of land" has the same meaning as in the Act.
"Sutherland Shire Council Environmental Specification--Advertising" means the
Sutherland Shire Council Environmental Specification--Advertising , as adopted
by the Council on 3 September 2007.
"Sutherland Shire Council Environmental Specification--Landscaping" means the
Sutherland Shire Council Environmental Specification--Landscaping , as adopted
by the Council on 3 September 2007.
"Sutherland Shire Council Environmental Specification--Outdoor Eating Areas"
means the Sutherland Shire Council Environmental Specification--Outdoor Eating
Areas , as adopted by the Council on 3 September 2007.
"Sutherland Shire Council Environmental Specification--Swimming Pools" means
the Sutherland Shire Council Environmental Specification--Swimming Pools , as
adopted by the Council on 3 September 2007.
"swimming enclosure" means a body of water, not being a swimming pool, that is
enclosed by a fence or netting and is used by members of the public for the
purpose of swimming, wading, paddling or any other form of human aquatic
activity.
"swimming pool" has the same meaning as in the Swimming Pools Act 1992 .
"telecommunications facility" means-- (a) any part of the infrastructure of a
telecommunications network, or
(b) any line, equipment, apparatus, tower,
mast, antenna, tunnel, duct, hole, pit, pole or other structure or thing used,
or to be used, 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 electromagnetic
energy.
"tennis court (private)" means a tennis court that is ancillary to a
residential building and used solely for the purpose of private recreational
enjoyment and not for financial gain.
"the Act" means the Environmental Planning and Assessment Act 1979 .
"the corporation" means the corporation constituted by section 8 (1) of the
Act.
"the Council" means the Council of Sutherland Shire.
"the map" means the series of zoning maps marked " Sutherland Shire Local
Environmental Plan 2006 ", as amended by the maps (or specified sheets of
maps) marked as follows-- Editorial 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.
Sutherland Shire Local Environmental Plan 2006 (Amendment No
4)--Zoning
Sutherland Shire Local Environmental Plan 2006 (Amendment No 6)
--Sheets 2, 15-50 and 52-57
Sutherland Shire Local Environmental Plan 2006
(Amendment No 8) --Sheets 1 and 4-6
Sutherland Shire Local Environmental Plan
2006 (Amendment No 9) --Sheets 1-3
Sutherland Shire Local Environmental Plan
2006 (Amendment No 12)--Sheets 1 and 2
Sutherland Shire Local Environmental
Plan 2006 (Amendment No 14)
Sutherland Shire Local Environmental Plan 2006
(Amendment No 17) --Sheets 1 and 2
Sutherland Shire Local Environmental Plan
2006 (Amendment No 21)
"tidal waterway" means a channel or passage within a body of water, where the
tide ebbs and flows and where there is sufficient width and depth for-- (a)
tidal flow, or
(b) travel or transport by a safe navigation route.
"tourist facilities" means a building or place intended to be used by tourists
or holidaymakers for the purposes of accommodation, sport or recreation,
including-- (a) hotels and motels, and
(b) shops attached to or within the
building or at the place.
"tourist information centre" means a building or place owned or managed by the
Council (other than a restaurant) at which tourist-related services,
facilities and information to the community are provided, including any of the
following-- (a) leaflets relating to, and booking services for, tourist
destinations and accommodation,
(b) retail sales of souvenirs, gifts and the
like,
(c) toilets or change facilities for tourists.
"townhouse" means a dwelling within a two-storey building, on a lot of land
containing 3 or more dwellings, where each dwelling has open space at finished
ground level for the exclusive use of the occupants of that dwelling.
"transitional group home" means a dwelling-- (a) used to provide temporary
accommodation, for the purposes of relief or rehabilitation, for disabled
persons or socially disadvantaged persons, whether those persons are related
or not, and
(b) occupied by the persons referred to in paragraph (a) as a
single household, either with or without paid or unpaid supervision or care
and either with or without payment for board and lodging being required,
but
does not include a building to which State Environmental Planning Policy
(Housing for Seniors or People with a Disability) 2004 applies.
"tree" includes a sapling or shrub.
"utility installation" means a building, work or place used for a public
utility undertaking, but does not include a building used wholly or
principally as administrative or business premises or as a showroom, workshop
or depot.
"vehicle and mechanical repair premises" means a building or place used for
the purpose of carrying out repairs to motor vehicles or machinery, including
watercraft, and engines.
"vehicle rental centre" means a building or place used to rent out vehicles
and service those 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.
"villa house" means a single storey dwelling on a lot of land containing 3 or
more dwellings, where each dwelling has an individual entrance and there is
open space at ground level for the exclusive use of the occupants of the
dwelling.
"vulnerable development" means the erection or use of buildings whose
occupants, in the opinion of the consent authority, are likely to need a high
level of assistance during a bush fire or flood, including-- (a) a building
used for a special fire protection purpose (within the meaning of section 100B
of the Rural Fires Act 1997 ), and
(b) accommodation for people with health
and mobility problems, including aged and disabled housing and medical
facilities with short term or long term accommodation.
"warehouse" means a building or place used mainly or exclusively for storing
or handling items (whether goods or materials) pending their sale, but from
which no retail sales are made.
"waste recycling and management centre" means a building or place used for the
recycling of, or recovery of materials (other than sludge-like materials)
from, waste materials, where the recycling or recovery involves the
following-- (a) separating and sorting of the waste materials,
(b) processing
of the waste materials (for example, by baling, crushing, shredding or
composting),
(c) transferring or selling recyclable or recovered materials
following separation, sorting and processing,
but does not involve
remanufacturing, chemical processing or incineration of waste materials.
"watercraft facility" means a pontoon, suspended ramp (being a ramp that
connects a pontoon to a jetty), jetty, wharf or the like that facilitates
access to recreational vessels for embarking and disembarking of passengers
and the transfer of goods, but does not include a marina.
"waterfront reserve" means an area of land that adjoins a waterway and is in
Zone 13--Public Open Space or Zone 14--Public Open Space (Bushland).
"wetland" means an area of land identified on the map marked " Sutherland
Shire Local Environmental Plan 2006--Wetlands ", as amended by the maps (or
the specified sheets of maps) marked as follows-- Editorial note : The
amending maps are not necessarily listed in the order of publication on the
NSW legislation website. Information about the order of publication can be
determined by referring to the Historical notes at the end of the plan.
Sutherland Shire Local Environmental Plan 2006 (Amendment No 14)--Wetlands
"wildlife refuge" means a building or place used for preserving, conserving,
propagating and studying wildlife, but does not include an animal boarding or
training establishment, a veterinary hospital or a zoo.
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