New South Wales Repealed Regulations
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This legislation has been repealed.
QUEANBEYAN LOCAL ENVIRONMENTAL PLAN 1998 - SCHEDULE 1
SCHEDULE 1 – Dictionary
(Clause 5 (1))
"A frame sign" means a moveable stand that displays an advertisement in front
of a site on a public footway which--
(a) is not more than 1.2 metres in
height or 750 millimetres in width, and
(b) displays an advertisement with
wording that does no more than describe the place or premises comprising or
situated on the site or a person residing or carrying out an occupation there
or describe or depict an occupation being carried out there or give
directions, cautions or notifications, or particulars relating to goods,
commodities, services, activities, trades, professions or other businesses
dealt with or provided at the place or premises.
"Aboriginal object" means any deposit, object or other material evidence (not
being a handicraft made for sale) relating to the Aboriginal habitation of an
area of New South Wales, being habitation before or concurrent with (or both)
the occupation of that area by persons of non-Aboriginal extraction, and
includes Aboriginal remains.
"adjoining land" means land which abuts other land or is separated from it
only by a pathway, driveway or similar thoroughfare.
"advertised development" has the same meaning as it has in the
Environmental Planning and Assessment Act 1979 .
"advertisement" has the same meaning as it has in the
Environmental Planning and Assessment Act 1979 .
"advertising structure" has the same meaning as it has in the
Environmental Planning and Assessment Act 1979 .
"agriculture" means the use of land for any purpose of husbandry, including
the keeping or breeding of livestock, poultry or bees, and for the growing of
crops, fruit or vegetables and includes horticulture and the like.
"amusement centre" means a building or place used mainly for the purpose of
playing-- (a) billiards, pool or similar games, or
(b) electrically or
mechanically operated amusement devices such as pinball machines and the like,
but only if more than 3 such machines are installed in the building or place.
"ANEF contour" means the noise exposure contour shown as an ANEF contour on a
plan of Canberra (Fairbairn) Airport or surrounding land prepared by an
appropriate Commonwealth public authority or private lessor of the Airport.
"animal establishment" means a building or place used intensively for the
purpose of animal husbandry or the boarding, training or keeping of animals,
birds, fish, crustaceans, insects, reptiles or the like.
"appointed day" means the day on which this plan took effect.
"archaeological site" means the site (as shown on the Heritage Map and listed
in Schedule 4) of one or more relics.
"area of an advertisement" in the form of a sign means-- (a) for a sign with
only one side occupied by the matter displayed, the area within the outline of
that sign, or
(b) for a sign with two sides occupied by the matter displayed,
the area within the outline of that sign or, where one side is larger than the
other, the area within the outline of the larger side, or
(c) for any other
sign, one-third of the total surface area of the sign.
"arterial road" means-- (a) a road shown on the map as such, or
(b) a
classified road within the meaning of the Roads Act 1993 .
"arts and crafts gallery" means a building used for the creation, display or
sale of arts and crafts, or materials of an artistic or historical nature.
"Australian noise exposure forecast (ANEF)" for land means a value allocated
to the land on an index used for predicting the cumulative exposure to
aircraft noise in communities near airports during a specified time period.
"automotive use" means the use of a building or work or land for the purpose
of fuelling, lubricating, cleaning, caring for, maintaining or repairing motor
vehicles or of offering for sale and installing automotive accessories or
parts and includes the use of an automotive workshop, a shop selling
automotive spare parts, tyres or car batteries, a tyre retreading workshop and
any other establishment performing similar functions including a car repair
station, but does not include the use of a panel beating workshop (other than
a place used for minor panel beating ancillary to a motor showroom) or a
service station.
"balcony" means an open or covered elevated horizontal platform attached to
the upper floor of a building, projecting or recessed into the face of the
wall, accessible from an adjacent room, and protected by a railing or
balustrade.
"barbecue" means an outdoor facility, located in a backyard or courtyard, for
domestic cooking.
"bed and breakfast" means the provision of accommodation and meals for
commercial purposes within a dwelling-house-- (a) by the permanent residents
of the dwelling-house, and
(b) on a short term basis,
where not more than 10
people occupy the dwelling-house, including the permanent residents.
"boarding house" means a building or place-- (a) where accommodation and meals
are provided, for payment, to the residents of the building or place, and
(b)
which is not licensed to sell liquor within the meaning of the Liquor Act
1982 ,
but does not include a dwelling-house used to provide bed and
breakfast, a motel or a serviced apartment.
"brothel" means premises habitually used for the purpose of prostitution.
Premises may constitute a brothel even though used by only one prostitute for
the purposes of prostitution.
"Building Code of Australia" has the same meaning as it has in the
Environmental Planning and Assessment Act 1979 .
"building envelope" means the part of a site either occupied or proposed to be
occupied by a dwelling.
"building line" or
"boundary setback" means a line drawn parallel to any property boundary of an
allotment.
"bulky goods salesroom or showroom" means a building or place used for the
sale (by retail or auction), 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 (for example a building or
place used for the sale or display of automotive equipment and spares, floor
coverings, tiles and paving, garden equipment and furniture, hardware,
household fittings and furniture, plants, swimming pools and spas and
whitegoods),
but does not include a building or place used for the sale of
foodstuffs or clothing or, where the term is used in the general development
controls, a building or place defined elsewhere in this Schedule.
"bus depot" means a building or place used for the servicing, repair and
garaging of buses and other vehicles used for the purposes of a bus transport
undertaking.
"bushfire hazard reduction" means a reduction (by controlled burning or
mechanical or manual means) of material that constitutes a bushfire hazard.
"business identification sign" means a sign-- (a) that indicates-- (i) the
name of the person, and
(ii) 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 advertising relating to
a person who does not carry on business at the premises or place.
"bus station" means a building or place used as a terminal for the assembly
and dispersal of passengers travelling by bus.
"car park" means a building or place used for parking vehicles and any
associated manoeuvring space and access, whether operated for gain or not.
"caravan park" means land (such as a camping ground) on which caravans (or
caravans and other moveable dwellings) are, or are to be, placed or erected.
"carport" means a roofed, open or semi-enclosed structure for the sheltering
of motor vehicles, attached to, adjacent to, or near a dwelling-house.
"cemetery" means a building or place used for the disposal or processing of
dead human beings or animals, and includes a crematorium and burial ground.
"child care centre" means a building or place which is used (whether or not
for profit) for the purpose of educating, minding or caring for children
(whether or not any of the children are related to the owner or operator), but
only if the following conditions are satisfied-- (a) the children number 6 or
more, are under 6 years of age, and do not attend a government school, or a
registered non-government school, within the meaning of the Education Reform
Act 1990 , and
(b) the building or place does not provide residential care
for any of the children (other than those related to the owner or operator).
"cladding" means the outer non-load bearing covering of external walls or roof
of a framed building or structure, applied for weather-proofing or decorative
purposes or both.
"club" means a building used by persons associated, or by a body incorporated,
for social, literary, political, sporting, athletic, recreational or other
lawful purposes, 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 a group of more than two dwellings having communal
open space and other shared facilities on a single allotment of land, detached
or attached in groups of two.
"commercial premises" means a building or place used as an office or for other
business or commercial purposes, but (in the general development controls)
does not include a building or place elsewhere defined in this Schedule.
"community facility" means a building or place owned or controlled by a public
authority, including the Council or a body of persons which may provide for
the physical, social, cultural or intellectual development or welfare of the
local community, but (in the general development controls) does not include a
building or place elsewhere defined in this Schedule.
"community land" means public land classified or reclassified as community
land within the meaning of the Local Government Act 1993 .
"complying development" has the same meaning as it has in the
Environmental Planning and Assessment Act 1979 .
"contaminate" has the same meaning as it has in the Contaminated Land
Management Act 1997 .
"contamination" has the same meaning as it has in the
Contaminated Land Management Act 1997 .
"convenience store" means a shop with a gross floor area of not more than 240
square metres selling a variety of small consumer goods, whether or not other
goods are available for sale or hire at the shop.
"Council" means the Council of the City of Queanbeyan.
"curtilage" , in relation to a heritage item or conservation area, means the
area of land (including land covered by water) surrounding a heritage item, a
heritage conservation area, or building, work or place within a heritage
conservation area, which contributes to its heritage significance.
"demolish" , in relation to a heritage item, or a building, work, relic or
tree within a heritage conservation area, means wholly or partly destroy,
dismantle or deface the heritage item or the building, work, relic or tree.
"demolition" in relation to a building or work, means the damaging, defacing,
destruction, pulling down or removal of the building or work, in whole or in
part.
"depot" means a building or place used for the storage or repair (but not
sale) of plant, machinery, goods or materials used or intended to be used by
the owner or occupier of the building or place, but (in the general
development controls) does not include a building or place elsewhere defined
in this Schedule.
"development" has the same meaning as it has in the Environmental Planning
and Assessment Act 1979 .
"driveway" means a defined area within a property used by vehicles travelling
between a carriageway and a property adjacent to or near a road.
"dual occupancy housing" means housing consisting of 2 dwellings only (whether
or not attached) on one allotment 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 dwelling which is the only dwelling erected on an
allotment of land.
"ecologically sustainable development" means development which uses, conserves
and enhances the community's resources so that ecological processes, on which
life depends, are maintained, and the total quality of life, now and in the
future, can be increased.
"educational establishment" means a building or place used for education
(including teaching) and includes-- (a) a school, and
(b) a tertiary
institution, being a university, a TAFE college (within the meaning of the
Technical and Further Education Commission Act 1990 ), teachers college,
technical college or other tertiary college providing formal education which
is constituted by or under an Act, and
(c) an art gallery or museum that is
not used to sell the items displayed in it,
whether or not accommodation for
staff or students, or both, is provided and whether or not used for the
purpose of gain.
"environment" has the same meaning as it has in the Environmental Planning
and Assessment Act 1979 .
"entertainment facility" means a building or place used for the purpose of
sport, entertainment, exhibitions or displays, and includes-- (a) a sports
stadium, showgrounds, race courses and the like, and
(b) theatres, cinemas,
music halls, open air theatres, drive-in theatres and the like.
"excavation" or
"filling" means works which alter the ground level.
"exempt development" has the same meaning as it has in the
Environmental Planning and Assessment Act 1979 .
"exhibition home" means a dwelling-house or dwelling used temporarily for
display purposes.
"extractive industry" means-- (a) a land use involving the winning or removal
of extractive material from land, or
(b) an industry or undertaking (other
than a mine) which depends for its operation on the winning or removal of
extractive material from the land on which it is carried on.
"extractive material" means a substance such as sand, soil, gravel, clay,
turf, rock or stone, but does not include coal, shale, petrol, uranium or any
mineral within the meaning of the Mining Act 1992 .
"fast food take-away restaurant" means a building or place (including a
take-away restaurant, drive-in take-away restaurant or the like) where food or
drink is prepared or offered for sale, whether or not the food or drink is
consumed in that building or place or elsewhere, but, where the term is used
in the general development controls, does not include a building or place
specifically defined elsewhere in this Schedule.
"flood prone land" means land that would be inundated by the 1 in 100 year
flood as shown on the map.
"floodway" means land, whether or not aligned with obvious naturally defined
channels, over which there is a significant passage of water during flood
events.
"floor" means the space within a building 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" of a site means the ratio of the gross floor area of any
building or buildings on the site to the area of the site.
"garden shed" means a small building, usually of metal or timber construction,
for the storage of garden implements and the like.
"greenhouse effect" means the extra warming of the earth due to absorption of
the earth's emitted infra-red radiation by greenhouse gases.
"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" means the sum of the areas of each floor of a building,
where the area of each floor is taken to be the area within the outer face of
the external enclosing walls as measured at a height of 1,400 millimetres
above each floor level, excluding-- (a) columns, fin walls, sun control
devices and any elements, projections or works outside the general lines of
the outer face of the external wall, and
(b) lift towers, cooling towers,
machinery and plant rooms and ancillary storage space and vertical
air-conditioning ducts, and
(c) carparking needed to meet any requirements of
the Council and any internal access to it, and
(d) space for the loading and
unloading of goods.
"ground level" means the level of a site prior to any development, including
any excavation, filling or grading, that has taken place and, where the ground
level has been altered after the appointed day, the ground level is taken to
be that level of the site as determined by the Council.
"group home" means a permanent group home or a transitional group home.
"hazardous industry" means a development for the purposes of an industry
which, when the development is in operation and when all measures proposed to
reduce or minimise its impact on the locality have been employed, would pose a
significant risk, in relation to the locality-- (a) to human health, life or
property, or
(b) to the biophysical environment.
"health consulting rooms" means the use in a dwelling-house in a residential
area of not more than 2 rooms as surgeries by members of a profession
providing health care services.
"height" means the greatest distance measured vertically from any point of a
building, including its roof, to the ground level below that point.
"helipad" means an area or place not open to the public use which is
authorised by the Commonwealth Department of Transport and which is set apart
for the taking off and landing of helicopters.
"heritage conservation area" means-- (a) an area of land that is shown as a
heritage conservation area on the Heritage Map (including any heritage items
situated on or within that conservation area), or
(b) a place of Aboriginal
heritage significance shown on the Heritage Map.
"heritage conservation management plan" means a document prepared in
accordance with guidelines prepared by the Department of Planning that
documents the heritage significance of an item, place or heritage conservation
area and identifies conservation policies and management mechanisms that are
appropriate to enable that significance to be retained.
"heritage impact statement" means a document consisting of-- (a) a statement
demonstrating the heritage significance of a heritage item, archaeological
site, place of Aboriginal heritage significance or other heritage conservation
area, 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, place or
Aboriginal object specified in an inventory of heritage items that is
available at the office of the Council and the site and nature of which is
described in Schedule 4 (and shown on the Heritage Map).
"Heritage Map" means the Queanbeyan Local Environmental Plan 1998 Heritage Map
, as amended by the 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.
Queanbeyan Local Environmental Plan 1998 (Amendment
No 47)
"heritage significance" means historical, scientific, cultural, social,
archaeological, architectural, natural or aesthetic value.
"high technology industry" means an enterprise which has as its primary
function the manufacture, development, production, processing or assembly of,
or research into, any of the following-- (a) electronic and micro-electronic
systems, goods and components,
(b) computer software and hardware,
(c)
instrumentation and instruments,
(d) biological, pharmaceutical, medical or
paramedical systems, goods and components, and
(e) other goods, systems and
components intended for use in science, technology or industry.
"home activity" means any activity or pursuit carried out in a room or a
number of rooms forming part of, or within the curtilage of, a dwelling-house
on an allotment, or in another building for which consent has been granted
situated on the allotment, where-- (a) only goods made or produced, or
services offered, as a result of the activity or pursuit are displayed, sold
or provided, and
(b) the primary use of the building is residential, and
(c)
the carrying out of the activity or pursuit-- (i) does not interfere with the
amenity of the locality by reason of the emission of noise, vibration, smell,
fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products,
grit or oil or otherwise, and
(ii) is not visible from any public place, and
(iii) does not require the provision of any essential service main of a
greater capacity than that available in the locality, and
(iv) does not
generate traffic out of keeping with the surrounding area, and
(v) does not
involve the employment of more than one person other than the permanent
residents of the dwelling-house, and
(vi) does not involve the exhibition of
any notice, advertisement or sign other than a notice or sign exhibited on the
dwelling-house, or on land on which the dwelling-house is erected, to indicate
the names and occupation of the permanent residents of the dwelling-house, and
(vii) does not involve a change in the appearance of the dwelling-house, or
the land on which the dwelling-house is erected, that is, in the opinion of
the Council, out of character with the appearance of the adjoining area, and
(viii) does not involve prostitution, and
(d) the gross floor area where the
activity or pursuit is carried out does not exceed 50 square metres, and
(e)
provision is made for the parking of all visiting customers' or clients'
vehicles, in accordance with the Council's requirements, behind the building
line or in a suitably screened area within the allotment boundary, and
(f)
any retail sales are ancillary to the home activity, and
(g) the activity or
pursuit is carried out by at least one of the permanent residents of the
dwelling-house.
"home based child minding service" means any service-- (a) that is provided by
a person for the purpose of educating, minding or caring for (but without
providing residential care for) not more than 5 children under the age of 15
(excluding those children normally residing within the dwelling), and
(b)
that is provided with or without fee, gain or reward at the premises where the
person providing the service resides, and
(c) that is required to be licensed
under the Children (Care and Protection) Act 1987 .
"home occupation" means any occupation or pursuit carried out in a room or a
number of rooms forming part of, or within the curtilage of, a dwelling-house
on an allotment, or in another building for which consent has been granted
situated on the same allotment as a dwelling-house, where-- (a) only goods
made or produced, or services offered, as a result of the occupation or
pursuit are displayed, sold or provided, and
(b) the primary use of the
dwelling is residential, and
(c) the gross floor area where the occupation or
pursuit is carried out does not exceed 30 square metres, and
(d) the
occupation or pursuit does not-- (i) interfere with the amenity of the
locality by reason of the emission of noise, vibration, smell, fumes, smoke,
vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or
otherwise, or
(ii) involve exposure to view from any public place of any
matter, or
(iii) require the provision of any essential service main of a
greater capacity than that available in the locality, or
(iv) involve the
exhibition of an advertising structure and the display of an advertisement on
it or an advertisement that is not an advertising structure other than as
exempt development, or
(v) involve a change in the appearance of the
dwelling-house, or the land on which the dwelling-house is erected, that is,
in the opinion of the Council, out of character with the appearance of the
adjoining area, or
(vi) involve prostitution, and
(e) any retail sales are
ancillary to the occupation or pursuit, and
(f) the occupation or pursuit is
carried out by at least one of the permanent residents of the dwelling-house.
"hospital" means a building or place used for the purpose of providing
professional health services to people admitted as in-patients, whether or not
out-patients are also cared for or treated at the building or place, and
includes-- (a) ancillary facilities for the accommodation of nurses or other
health care workers, ancillary convenience shops and ancillary accommodation
for persons receiving health care or their visitors, and
(b) facilities
situated in the building or at the place and used for educational or research
purposes, whether or not they are used only by hospital staff or health care
workers, and whether or not any such use is a commercial use.
"hostel" means a hostel housing aged persons or disabled persons where cooking
and dining, laundering, cleaning and other facilities are provided on a shared
basis and where a person having nursing or social work experience or other
similar experience provides services for and maintains the residence on a
full-time basis.
"hotel" means the premises to which a hotelier's licence granted under the
Liquor Act 1982 relates, but does not include a tavern.
"housing for aged or disabled persons" means residential accommodation which
may take any building form, which is or is intended to be used permanently as
housing for the accommodation of aged persons or disabled persons and which
may consist of hostels or a grouping of 2 or more self-contained dwellings, or
a combination of both, and which includes 1 or more of the following
facilities provided for use in connection with that accommodation-- (a)
accommodation for staff employed in connection with that accommodation,
(b)
chapels,
(c) medical consulting rooms,
(d) meeting rooms,
(e) recreational
facilities,
(f) shops,
(g) therapy rooms,
(h) any other facilities for the
use or benefit of aged persons or disabled persons.
"industry" means-- (a) any manufacturing process within the meaning of the
Factories, Shops and Industries Act 1962 , or
(b) the breaking up or
dismantling of any goods or any article for trade or sale or gain or as
development ancillary to carrying on any business.
"institution" means a penal or reformative establishment.
"integrated housing" means-- (a) the subdivision of land into 5 or more
allotments, each with an area of not less than 450 square metres, and
(b) the
erection of a dwelling-house on each of the allotments created by that
subdivision, each of which may have a "zero side boundary setback" nominated
by the Council which allows an external wall to be built up to that boundary.
"land" has the same meaning as it has in the Environmental Planning and
Assessment Act 1979 .
"landscaped area" means the part of an allotment not occupied by a building or
used or proposed to be used for driveways, parking areas or drying yards and
which is predominantly planted with trees, shrubs, grasses and the like.
"laundromat" means a place or building containing coin operated washing
machines, spin dryers and hot air dryers available for public use.
"light industry" means an industry in which the processes carried on, or the
transportation involved or the machinery or materials used, does not interfere
unreasonably with the amenity of the neighbourhood.
"local heritage significance" , in relation to a place, building, work,
archaeological site, tree or precinct, means its heritage significance to an
area.
"maintenance" , in relation to a heritage item or a building, work,
archaeological site, tree or place within a heritage conservation area, means
ongoing protective care. It does not include the removal or disturbance of
existing fabric, alterations, such as carrying out extensions or additions, or
the introduction of new materials or technology.
"manufactured home" means a self-contained dwelling (that is, a dwelling that
includes at least one kitchen, bathroom, bedroom and living area and that also
includes toilet and laundry facilities), being a dwelling-- (a) that comprises
one or more major sections, and
(b) that is not capable of being registered
under the Traffic Act 1909 ,
and includes any associated structures that form
part of the dwelling.
"manufactured home estate" means land on which manufactured homes are, or are
to be, erected.
"materials recycling yard" means a building or place used for collecting,
dismantling, storing, abandoning or recycling of second-hand or scrap
materials for the purpose of resale.
"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.
"mine" means a place which depends for its operation on the winning or removal
of any material to which the Mining Act 1992 or the Petroleum (Onshore) Act
1991 applies, and includes a place used for the storage and primary processing
of the material obtained.
"mixed use building" means a building (other than a residential flat building)
containing commercial or retail uses on the ground floor and which contains
fewer than four self-contained dwellings on the floor or floors above the
ground floor.
"motel" means premises, not being a hotel, dwelling-house providing bed and
breakfast, boarding house or serviced apartment, used for the temporary or
short-term accommodation of travellers and which may include an ancillary
restaurant.
"motor showroom" means a building or place used or intended for use for the
display or sale of motor vehicles and accessories, including boats, caravans
and trailers.
"moveable dwelling" means-- (a) any tent, or any caravan or other van or other
portable device (whether on wheels or not), used for human habitation, or
(b)
a manufactured home, or
(c) any conveyance, structure or thing of a class or
description prescribed by the regulations under the Local Government Act 1993
for the purposes of the definition of
"moveable dwelling" in that Act.
"multi-dwelling housing" means a group of two or more dwellings, not being a
residential flat building, and may include cluster housing, integrated
housing, terraces, townhouses, villas and the like.
"native vegetation" has the same meaning as it has in the
Native Vegetation Conservation Act 1997 .
"natural areas" means those areas of the City of Queanbeyan retaining
predominantly endemic native vegetation and providing habitat or corridor
functions (or both) for native flora and fauna species.
"natural values" means the individual endemic components or groups of endemic
components that together make a natural area.
"offensive industry" means a development for the purposes of an industry
which, when the development is in operation and when all measures proposed to
reduce or minimise its impact on the locality have been employed, would emit a
polluting discharge in a manner which would have a significant adverse impact
in the locality or on the existing or likely future development of other land
in the locality.
"offensive storage establishment" means any establishment where goods,
materials or products are stored which, when in operation and when all
measures proposed to reduce or minimise its impact on the locality have been
employed, would emit a polluting discharge 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.
"operational land" means public land classified or reclassified as operational
land within the meaning of the Local Government Act 1993 .
"paintball establishment" means a building or place used for the purpose of
providing facilities for recreational field games such as paintball, skirmish
or the like.
"panel beating workshop" means a building or place used for the purpose of
carrying out repairs to motor vehicles and agricultural machinery, where the
work involved includes-- (a) body building, and
(b) panel beating (which may
or may not involve dismantling), and
(c) spray painting.
"parking space" means a defined and unobstructed area accessible to and, in
the opinion of the Council, suitable for the parking of motor vehicles.
"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, either with or without paid or unpaid
supervision or care and with or without payment for board and lodging being
required,
but does not include a building to which State Environmental
Planning Policy No 5--Housing for Older People or People with a Disability
applies or a transitional group home.
"place of Aboriginal heritage significance" means an area of land shown on the
Heritage Map that is-- (a) the site of one 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 worship" means a church, chapel or other place of public worship or
religious instruction or place used for the purpose of religious training.
"plant and equipment hire establishment" means a building or place where plant
and equipment are stored, displayed and hired or leased to persons for
temporary use, but does not include premises used for the purpose of hiring
home entertainment equipment, such as stereo sound systems, televisions, video
cassette recorders, video tapes and the like.
"playground equipment" means equipment such as swings and slides, designed
primarily for use by children for the purposes of play.
"pollution" means any one of the following-- (a) air pollution,
(b) pollution
of waters within the meaning of the Clean Waters Act 1970 ,
(c) the emission
of offensive noise as defined in section 4 (1) of the Noise Control Act 1975 ,
(d) pollution of any other kind, being pollution affecting any part of the
environment and however caused.
"potentially hazardous industry" means a development for the purposes of an
industry which, if the development were to operate without employing any
measures to reduce or minimise its impact in the locality or on the existing
or likely future development on other land, would emit a polluting discharge
in a manner which would have a significant adverse impact in the locality or
on the existing or likely future development on other land, and includes an
offensive industry and an offensive storage establishment.
"prostitution" means sexual acts or sexual services engaged in for payment or
other gain.
"public building" means a building or place used to carry on a business of, or
as an office by, a public authority or an organisation established for public
purposes.
"real estate exhibition sign" means a free standing advertising structure, and
the display of an advertisement on it, on a public footway, where the
structure or advertisement-- (a) has dimensions of not more than 750
millimetres in height or 600 millimetres in width, and
(b) only contains a
direction to the location of a property for sale, auction or lease, or of an
exhibition home.
"real estate sign" means an free standing advertising structure and the
display of an advertisement on it in respect of a place or premises to which
it is affixed which contains only a notice that the premises are for sale or
letting together with particulars of the sale or letting and-- (a) in the case
of a free standing advertising structure and the display on it in respect of
residential or rural premises relating to letting, sale by private treaty or
sale by auction-- (i) does not exceed 2.5 square metres in area, and
(ii) has
returns not exceeding 180 millimetres, and
(b) in the case of a free standing
advertising structure and the display of an advertisement on it in respect of
commercial and industrial premises, does not exceed 4.5 square metres in area,
and
(c) is not displayed for more than 14 days after letting or completion of
the sale of the premises to which the sign relates.
"reception centre" means a building or place used mainly for group functions
such as weddings and the like and where meals are served for gain.
"recreation facility" means a building or place used for sporting activities,
recreation or leisure activities, whether or not operated for the purpose of
gain, but (in the general development controls) does not include a building or
place elsewhere defined in this Schedule.
"relic" means any deposit, object or other material evidence of human
habitation-- (a) that relates to the settlement of the area of the City of
Queanbeyan, 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.
"renovation" in relation to a building or work, means-- (a) the making of
structural changes to the inside or outside of the building or work, or
(b)
the making of non-structural changes to the fabric or appearance of the
outside of the building or work, such as changes that involve the repair, or
the painting, plastering or other decoration of the building or work.
"residential flat building" means a building that comprises or includes-- (a)
two or more storeys (not including levels below ground level provided for car
parking or storage, or both, that protrude less than 1.2 metres above ground
level), and
(b) four or more self-contained dwellings (whether or not the
building includes uses for other purposes, such as shops),
but does not
include a Class 1a building or a Class 1b building under the Building Code of
Australia .
"restaurant" means a building or place, the principal purpose of which is the
provision of food to people for consumption on the premises and includes a
cafe, bistro or tea-room but (in the general development controls) does not
include a building or place elsewhere defined in this Schedule.
"restricted premises" means premises where-- (a) publications classified as
Category 1 restricted, Category 2 restricted or RC (Refused Classification)
under the Classification (Publications, Films and Computer Games) Act 1995 of
the Commonwealth are shown, exhibited, displayed, sold or otherwise rendered
accessible to the public, or
(b) a business to which section 578E of the
Crimes Act 1900 applies is conducted,
but does not include a newsagency or
pharmacy.
"retail plant nursery" means a building or place used for growing plants and
selling plants by retail, whether or not landscape supplies (including earth
products) or other landscape and horticultural products are also sold there.
"road" includes-- (a) highway, street, lane, pathway, footpath, cycleway,
thoroughfare, bridge, culvert, causeway, road-ferry, ford, crossing, bypass
and trackway, whether temporary or permanent, and
(b) any part of any thing
referred to in paragraph (a).
"road reserve" means the part of a road which is not used or only occasionally
used by motor vehicles registered under the Traffic Act 1909 .
"roadside stall" means a place or temporary structure used for selling of
agricultural produce from the same or an adjacent allotment of land.
"road transport terminal" means a building or place used primarily for the
bulk handling of goods for transport by road and includes related facilities
for the loading and unloading of vehicles used to transport those goods and
for the parking, servicing and repair of those vehicles.
"rural industry" means the handling, treating, processing or packaging of
primary products and includes the servicing in a workshop of plant or
equipment used for rural purposes in the locality.
"scenic protection area" means land shown as such on the map.
"serviced apartments" means a building containing 2 or more dwellings which
are cleaned and otherwise serviced or maintained by the owner or manager of
the building or the owner's or manager's agent.
"service station" means a building or place primarily used for the fuelling of
motor vehicles involving the sale by retail of petrol, oil or other petroleum
products, and which may also be used for one or more of the following-- (a)
the hiring of trailers,
(b) the retail selling or the installing of spare
parts and accessories for motor vehicles,
(c) the washing and greasing of
motor vehicles,
(d) the repairing or servicing of motor vehicles (other than
body building, panel beating or spray painting),
(e) the retail selling or
hiring of small consumer goods.
"shop" means a building or place used for the purpose of selling items
(whether goods or materials) whether by retail or auction, for hiring items or
for displaying items for the purpose of selling or hiring them, but, where the
term is used in the general development controls, does not include a building
or place specifically defined elsewhere in this Schedule.
"site" in relation to development, means the area of land to which an
application for consent to carry out the development relates, excluding any
land on which the development is not permitted by or under this or any other
environmental planning instrument.
"site coverage" means the part of the site on which buildings are situated.
For the purpose of this definition, buildings include tennis courts, swimming
pools, drying yards, hard surface recreation areas, garbage collection and
handling spaces and paved areas, such as driveways.
"soil" means the loose material which forms the upper layer of the mantle of
the earth.
"statutory fire safety measure" has the same meaning as it has in the
Environmental Planning and Assessment Regulation 1994 .
"stock and sale yard" means a building or place used for the purpose of
offering livestock or poultry for sale.
"storey" means-- (a) the space between two floors, or
(b) the space between
any floor and its ceiling or roof above, or
(c) building foundation areas,
garages, workshops, storerooms and the like, where the height between ground
level and the floor above is 1.2 metres or more.
A storey which exceeds 4.5
metres is counted as two storeys.
"subdivision" has the same meaning as it has in the Environmental Planning
and Assessment Act 1979 .
"surgery" means a room used by a member or members of a health care profession
to practise that profession.
"tavern" means any premises specified in a hotelier's licence endorsed as a
tavern granted under the Liquor Act 1982 , which do not provide
accommodation.
"temporary sign" means an advertisement of a temporary nature which-- (a)
announces any local event of a religious, educational, cultural, political,
social or recreational character or relates to any temporary matter in
connection with such an event, and
(b) does not include advertising of a
commercial nature (except for the name of an event's sponsor), and
(c) is
displayed for a period of not more than 28 days.
"the map" means the sheets of the maps marked " Queanbeyan Local Environmental
Plan 1998 " kept in the offices of Queanbeyan City Council as amended by the
maps (or by the specified sheets of the maps) so kept and 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.
Queanbeyan Local Environmental Plan
1998 (Amendment No 1)
Queanbeyan Local Environmental Plan 1998 (Amendment No
2)
Queanbeyan Local Environmental Plan 1998 (Amendment No 3)
Queanbeyan
Local Environmental Plan 1998 (Amendment No 4)
Queanbeyan Local Environmental
Plan 1998 (Amendment No 5)
Queanbeyan Local Environmental Plan 1998
(Amendment No 7)
Queanbeyan Local Environmental Plan 1998 (Amendment No 8)
Queanbeyan Local Environmental Plan 1998 (Amendment No 10)
Queanbeyan Local
Environmental Plan 1998 (Amendment No 11)
Queanbeyan Local Environmental Plan
1998 (Amendment No 14)
Queanbeyan Local Environmental Plan 1998 (Amendment No
18)
Queanbeyan Local Environmental Plan 1998 (Amendment No 19)
Queanbeyan
Local Environmental Plan 1998 (Amendment No 21)
Queanbeyan Local
Environmental Plan 1998 (Amendment No 22)
Queanbeyan Local Environmental Plan
1998 (Amendment No 23)
Queanbeyan Local Environmental Plan 1998 (Amendment No
30)
Queanbeyan Local Environmental Plan 1998 (Amendment No 31)
Queanbeyan
Local Environmental Plan 1998 (Amendment No 35)
Queanbeyan Local
Environmental Plan 1998 (Amendment No 40)
Queanbeyan Local Environmental Plan
1998 (Amendment No 42)
Queanbeyan Local Environmental Plan 1998 (Amendment No
43) --Sheet 1
Queanbeyan Local Environmental Plan 1998 (Amendment No 48)
"tourist facilities" means an establishment providing short term holiday
accommodation and recreation, and may include hotels, motels, bed and
breakfasts, serviced apartments, holiday cabins, caravan parks, camping
grounds or houseboats, and associated swimming pools, golf courses, tennis
courts and ancillary restaurants and souvenir shops.
"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 with or without payment for board and lodging being required,
but does not
include a building to which State Environmental Planning Policy No 5--Housing
for Older People or People with a Disability applies.
"transport depot" means a building or place used for the parking or storage of
motor powered or motor drawn vehicles used in connection with a passenger
transport undertaking, business, industry or shop and includes a bus depot or
a road transport terminal.
"utility installation" means a building or work used for a utility
undertaking.
"utility undertaking" means any undertaking carried on by or by authority of
any Government department, or in pursuance of any Commonwealth or State Act,
for the purposes of-- (a) railway, road, water or air transport, or wharf or
river undertakings, or
(b) the provision of sewerage or drainage services, or
(c) the supply of water, hydraulic power, electricity or gas, or
(d)
telecommunications facilities.
"veterinary 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 purposes of treatment.
"warehouse or distribution centre" means a building or place primarily used
for storing, handling or displaying items (whether goods or materials) which
have been produced or manufactured for sale, other than retail sale to the
public from the warehouse or distribution centre.
"waste" has the same meaning as it has in the Local Government Act 1993 .
"waters" means the whole or any part of-- (a) any river, stream, lake, lagoon,
swamp, wetlands, unconfined surface water, natural or artificial watercourse,
dam or tidal waters (including the sea), or
(b) any water stored in
artificial works, any water in water mains, water pipes or water channels, or
any underground or artesian water.
"zone" means a classification of land shown on the map.
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