1.5Interpretation—general
(1)
In this Policy:
Acid
Sulfate Soils Map means a map in an environmental planning
instrument that identifies land containing acid sulfate soil.
alternative solution has the same
meaning as in the Building Code of
Australia.
Note—
The term is defined as follows:
alternative solution means a
building
solution which complies with the performance requirements other than
by reason of satisfying the deemed-to-satisfy provisions (where
each of those terms is also defined in that
document).
ancillary
development means any of the following that are not exempt
development under this Policy:
(a)
access ramp,
(b)
awning, blind or canopy,
(c)
balcony, deck, patio, pergola, terrace or
verandah that is attached to a dwelling house,
(d)
carport that is attached to a dwelling
house,
(e)
driveway, pathway or paving,
(f)
fence or screen,
(g)
garage that is attached to a dwelling
house,
(h)
outbuilding,
(i)
rainwater tank that is attached to a dwelling
house,
(j)
retaining wall,
(k)
swimming pool or spa pool and child-resistant
barrier.
ANEF
contour, for an airport, means a noise exposure contour
shown as an ANEF contour on any Noise Exposure Forecast Contour Map for that
airport prepared by the Department of the Commonwealth responsible for
airports.
articulation zone means an area
within a lot within which building elements are or may be located, that
consists of that part of the setback area from a primary road that is measured
horizontally for a distance of 1.5m from:
(a)
the foremost edge of the building line,
or
(b)
a gable or roof parapet having a surface area of
more than 10m2.
attached, in relation to a building
or structure that is complying development, means not more than 900mm from
another building or structure.
battle-axe lot means a lot that has
access to a road by an access laneway.
building
element has the meaning set out in the code in which it is
used.
building
height (or height of
building), at any point of a building, means the vertical
distance between that point at ground level (existing) and the highest point
of the building immediately above that point, including plant and lift
overruns, but excluding communication devices, antennae, satellite dishes,
masts, flagpoles, chimneys, flues and the like.
building
line means the line of an existing or proposed external wall
or roof edge of a building (other than a wall or roof of any building element
within an articulation zone), or the outside face of any existing or proposed
ancillary development, closest to a boundary of a lot.
class, in relation to a building or
part of a building, has the same meaning as in the Environmental Planning and Assessment Regulation
2000.
commercial premises means business
premises, office premises or retail premises.
means:
(a)
consultation with the community under section 57
of the Act, or
(b)
public exhibition under section 66 of the Act, as
in force on 30 June 2009.
complying
development code means any of the following codes:
(a)
the General Housing Code,
(b)
the Housing Internal Alterations
Code,
(c)
the General Commercial and Industrial
Code,
(d)
the Subdivisions Code.
council means the council of a local
government area and, in relation to a particular development, means the
council of the local government area in which the development will be carried
out.
detached, in relation to a building
or structure that is complying development, means more than 900mm from another
building or structure.
draft
heritage conservation area means an area of land identified
as a heritage conservation area or place of Aboriginal heritage significance
in a local environmental plan that has been subject to community consultation,
other than an area that was consulted on before 1 March 2006, but has not been
included in a plan before 27 February 2009.
draft
heritage item means a building, work, archeological site,
tree, place or aboriginal object identified as a heritage item in a local
environmental plan that has been subject to community consultation, other than
an item that was consulted on before 1 March 2006, but has not been included
in a plan before 27 February 2009.
dwelling
house means a building containing only one dwelling, but
does not include any part of the building that is ancillary development or
exempt development under this Policy.
environmentally sensitive area means
any of the following:
(a)
the coastal waters of the
State,
(b)
a coastal lake,
(c)
land to which State
Environmental Planning Policy No 14—Coastal
Wetlands or State
Environmental Planning Policy No 26—Littoral
Rainforests applies,
(d)
land reserved as an aquatic reserve under the
Fisheries Management Act 1994 or as a
marine park under the Marine Parks Act
1997,
(e)
land within a wetland of international
significance declared under the Ramsar Convention on Wetlands or within a
World heritage area declared under the World Heritage
Convention,
(f)
land within 100m of land to which paragraph (c),
(d) or (e) applies,
(g)
land identified in this or any other
environmental planning instrument as being of high Aboriginal cultural
significance or high biodiversity significance,
(h)
land reserved under the National Parks and Wildlife Act 1974 or
land to which Part 11 of that Act applies,
(i)
land reserved or dedicated under the Crown Lands Act 1989 for the
preservation of flora, fauna, geological formations or for other environmental
protection purposes,
(j)
land identified as being critical habitat under
the Threatened Species Conservation Act
1995 or Part 7A of the Fisheries
Management Act 1994.
excluded
land identified by an environmental planning instrument
means land identified by an environmental planning instrument as being any of
the following:
(a)
within a buffer area,
(b)
a coastal erosion hazard,
(c)
a difficult site,
(d)
within an ecologically sensitive
area,
(e)
environmentally sensitive
land,
(f)
within a foreshore scenic protection
area,
(g)
within a protected area,
(h)
within a scenic area,
(i)
within a scenic preservation
area,
(j)
within a scenic protection
area,
(k)
within a special area.
exempt
development code means a code for exempt development set out
in Part 2.
flood
control lot means a lot to which flood related development
controls apply in respect of development for the purposes of dwelling houses,
dual occupancies, multi dwelling housing or residential flat buildings (other
than development for the purposes of group homes or seniors housing).
Note—
This information is a prescribed matter for the
purpose of a certificate under section 149 (2) of the
Act.
foreshore
area means the land between a foreshore building line and
the mean high water mark of an adjacent waterbody (natural).
foreshore
building line means the foreshore building line identified
by:
(a)
a development control plan adopted before 12
December 2008, or
(b)
an environmental planning
instrument.
General
Commercial and Industrial Code means the code for complying
development set out in Part 5.
General
Exempt Development Code means the code for exempt
development set out in Division 1 of Part 2.
General
Housing Code means the code for complying development set
out in Part 3.
habitable
room has the same meaning as in the Building Code of
Australia.
Note—
The term is defined as a room used for normal
domestic activities, other than a bathroom, laundry, toilet, pantry, walk in
wardrobe, hallway, lobby, clothes drying room or other space of a specialised
nature that is not occupied frequently or for extended
periods.
hard
stand space means an area of concrete, paving or other hard
material at ground level designed solely for parking a motor
vehicle.
heritage
conservation area means an area of land identified as a
heritage conservation area or a place of Aboriginal heritage significance,
including any heritage items situated on or within that area, in an
environmental planning instrument.
heritage
item means a building, work, archaeological site, tree,
place or Aboriginal object identified as a heritage item in an environmental
planning instrument.
Housing
Internal Alterations Code means the code for complying
development set out in Part 4.
outbuilding means any of the
following:
(a)
balcony, deck, patio, pergola, terrace or
verandah that is detached from a dwelling house,
(b)
cabana, cubby house, fernery, garden shed, gazebo
or greenhouse,
(c)
carport that is detached from a dwelling
house,
(d)
farm building,
(e)
garage that is detached from a dwelling
house,
(f)
rainwater tank (above ground) that is detached
from a dwelling house,
(g)
shade structure that is detached from a dwelling
house,
(h)
shed.
parallel
road means, in the case of a lot that has boundaries with
parallel roads, the road that is not the primary road.
primary
road means the road to which the front of a dwelling house,
or a main building, on a lot faces or is proposed to face.
professional engineer has the same
meaning as in the Building Code of
Australia.
Note—
The term is defined as a person who is:
(a)
if legislation is applicable—a registered
professional engineer in the relevant discipline who has appropriate
experience and competence in the relevant field, or
(b)
if legislation is not applicable:
(i)
a Corporate Member of the Institution of
Engineers, Australia, or
(ii)
eligible to become a Corporate Member of the
Institution of Engineers, Australia, and has appropriate experience and
competence in the relevant field.
secondary
road means, in the case of a corner lot that has boundaries
with adjacent roads, the road that is not the primary road.
setback means the horizontal
distance between the relevant boundary of the lot and the building
line.
setback
area means the area between the building line and the
relevant boundary of the lot.
Standard
Instrument means the standard local environmental planning
instrument prescribed by the Standard
Instrument (Local Environmental Plans) Order
2006.
storey, means a space within a
building that is situated between one floor level and the floor level next
above, or if there is no floor above, the ceiling or roof above, but does not
include the following:
(a)
an attic,
(b)
a basement,
(c)
a lift shaft,
(d)
a mezzanine,
(e)
a stairway.
Note—
The determination of the number of storeys a
building contains is as set out in State
Environmental Planning Policy No 6—Number of Storeys in a
Building.
Subdivisions Code means the code for
complying development set out in Part 6.
the
Act means the Environmental
Planning and Assessment Act 1979.
(2)
A word or expression used in this Policy has the
same meaning as it has in the Standard Instrument unless it is otherwise
defined in this Policy.
(3)
A reference in this Policy to a code is a
reference to a code set out in a Part of this Policy.
(4)
A reference in this Policy to a type of building
or other thing is a reference to development for the purposes of that type of
building or other thing.
(5)
Notes included in this Policy do not form part of
this Policy.
cl 1.5: Am 2009 (74),
Sch 1 [3]; 2009 (387), Sch 1 [2]–[4]; 2010 (135), Sch 1 [3]
[4].