Schedule 2 Classification and reclassification of public land
(Clause 8)
Part 1 Operational land at appointed day
Lot 11 DP 712053, Rutledge Street, Bungendore, Parish of Wamboin (vacant land)
Lot 12 DP 712053, Rutledge Street, Bungendore, Parish of Wamboin (vacant land)
Lot 13 DP 712053, Rutledge Street, Bungendore, Parish of Wamboin (vacant land)
Lot 14 DP 712053, Rutledge Street, Bungendore, Parish of Wamboin (vacant land)
Lot 9 DP 577667, Ellendon Street, Bungendore, Parish of Wamboin (vacant land)
Lot 24 Section 6 and lots 1 and 2 DP 252149, Foxlow Street, Captains Flat, Parish of Ballallaba (vacant land)
Lot 12 DP 242462, Ellendon Street, Bungendore, Parish of Wamboin (Bungendore Depot)
Lot 20 DP 242462, Ellendon Street, Bungendore, Parish of Wamboin (Bungendore Depot)
All land associated with the Bungendore and Captains Flat Water and Sewage Treatment Works
Lot 41 DP 251886, Parish of Urialla (road widening)
Lot 14 DP 239309, Parish of Wallaroo (road widening)
Lot 13 DP 239309, Parish of Wallaroo (road widening)
Lot 12 DP 239309, Parish of Wallaroo (road widening)
Lot 32 DP 248084, Parish of Keewong
Lot 20 DP 251090, Parish of Burra (road—extension of London Bridge Road)
Lot 13 Section 4, Foxlow Street, Captains Flat, Parish of Ballallaba (Captains Flat Bush Fire Shed)
Lot 121 DP 754895, Parish of Molonglo (Hoskinstown Bush Fire Shed)
Michelago, Stoney Creek, Sutton and Wallaroo Bush Fire Sheds
Captains Flat Swimming Pool
Bungendore Swimming Pool
Lot 5 DP 248184, Parish of Googong (Gravel Pit—Gibbs Pit MR 584)
Lot 1 DP 593226, Parish of Burra (Little Burra Gravel Pit)
Lot 4 DP 606552, Parish of Ginninderra (Spring Range Gravel Pit)
Lot 2 DP 600527, Parish of Urialla (Urialla Road Gravel Pit)
Lot 185 DP 754871, Parish of Burra (Scotty’s Pinch Gravel)
Smiths Gap Gravel Pit
Lot A (part portion 1) DP 15478, Parish of Yanununbeyan (Woolcara Lane Gravel Pit)
Lot 1 DP 222274, Parish of Bullongong (Mine Area—Captains Flat)
Lot 15 DP 575330, Parish of Thurralilly (Rossi Gravel Pit)
Part lots 11–14 Section 3, Cnr Majura Street and Turallo Terrace, Bungendore, Parish of Wamboin (Bungendore Community Centre)
Part 2 Community land at appointed day
Lot 4 Section 9, Gibraltar Street, Bungendore, Parish of Wamboin (Bungendore School of Arts)
Lot 78 DP 754870 Captains Flat, Parish of Bullongong (Captains Flat Memorial (community) Hall)
Lot 1 Section 26, West Street, Sutton, Parish of Goorooyaroo (Sutton Community Hall)
Part lot 153 DP 754895, Parish of Molonglo (Hoskinstown Hall)
Part lot 1 DP 787635, Bingley Way, Parish of Wamboin (Community Hall)
Part lot 2 DP 264387, Birriwa Road, Parish of Bywong (Community Hall)
Part lot 69 DP 775098, Swan Drive Parish of Googong (Community Hall)
Part lot 104 DP 705692 Douglas Close, Parish of Carwoola (Stoney Creek Community Hall)
Lot 19 DP 11158, Parish of Monkellan (Michelago Hall)
Reserve Number 31941 gazetted 29 December 1900 (Burra Hall)
Lot 52 DP 818916, Clare Valley, Parish of Wamboin (Reserve—Clare link trail)
Lot 28 DP 917665, Parish of Wamboin (Reserve Clare link trail)
Lot 75 DP 826558, Parish of Wamboin (Reserve—Clare link trail)
Lot 42 DP 806126, Parish of Currandooly (Reserve—Elmslea)
Lot 43 DP 806126, Parish of Currandooly (Reserve—Elmslea)
Lot 5 DP 773627, Parish of Carwoola (Reserve—Molonglo River Park)
Lot 104 DP 705692, Parish of Carwoola (Reserve—Douglas Close)
Lot 2 DP 264387, Parish of Bywong (Reserve—Les Reardon)
Lot 1 DP 787635, Parish of Wamboin (Reserve—Bingley Way)
Lot 31 DP 226218, Parish of Googong (Reserve—Tempe Crescent)
Lot 6 DP 241065, Parish of Queanbeyan (Reserve—Ridgeway)
Lot 10 DP 241065, Parish of Queanbeyan (Reserve—Ridgeway)
Lot 38 DP 226218, Parish of Googong (Reserve—Wickerslack River Corridor)
Lot 34 DP 226218, Parish of Googong (Reserve—Wickerslack)
Lot C DP 321861, Parish of Ballallaba (Wilkins Park Reserve)
Lot 58 DP 262709, Parish of Carwoola (Reserve—Bowen Street)
Lot 59 DP 261482, Parish of Wamboin (Reserve—Mathews Place)
Lot 50 DP 258033, Parish of Goorooyaroo (Reserve—Canning Close)
Lot 13 DP 243616, Parish of Wallaroo (Reserve—Wallaroo Road)
Lot 42 DP 251586, Parish of Urialla (Reserve—Cargill Park)
Lot 30 DP 244439, Parish of Amungula (Reserve—Cooper Road)
Lot 23 DP 800095, Parish of Currandooly (Reserve—Elmslea Creek Corridor)
Lot 41 DP 736646 Parish of Wamboin (Reserve—Weeroona Drive link)
Lot 37 DP 715389, Parish of Wamboin (Reserve—Weeroona Drive link)
Lot 36 DP 715389, Parish of Wamboin (Reserve—Weeroona Drive link)
Lot 5 DP 701582, Parish of Wallaroo (Reserve—Brooklands Road)
Lot 42 DP 244439, Parish of Amungula (Reserve—Sutton Road)
Lot 43 DP 244439, Parish of Amungula (Reserve—Sutton Road)
Reserve Number 94996, Parish of Wamboin—“The Common” Bungendore
Reserve Number 88844, Parish of Goorooyaroo—Sutton Recreation Reserve
Reserve Number 31941, Parish of Urialla (Burra Park)
Reserve Number 70568, Parish of Monkellan (Michelago Recreation Reserve)
Reserve Number 95480, Parish of Brindabella (Recreation Reserve)
Reserve Number 89964, being portion 73, Parish of Carwoola (Reserve—Radcliffe)
Reserve Number 85577, Parish of Majura (Reserve)
Captains Flat Park, Foxlow Street, Captains Flat
“Frog Hollow”, Bungendore
Lot 18 Section 2 DP 18452, Captains Flat, Parish of Ballallaba (Baby Health Centre)
Section 26 Bungendore (Reserve—Bungendore Park)
Part 3 Land classified, or reclassified, as operational land—no interests changed
Locality | Description |
| |
Majara Street | Lot 3 DP 830878, Parish of Wamboin, as shown edged heavy black on the map marked “Yarrowlumla Local Environmental Plan 2002 (Amendment No 9)”. |
Part 4 Land classified, or reclassified, as operational land—interests changed
Column 1 | Column 2 | Column 3 |
Locality | Description | Any trusts etc not discharged |
| | |
Land adjacent to Turallo Creek | Part of Lot 27, DP 855517, Parish of Currandooly, as shown edged heavy black on the map marked “Yarrowlumla Local Environmental Plan 2002 (Amendment No 6)” | Nil. |
Part 5 Land classified, or reclassified, as community land
Column 1 | Column 2 |
Locality | Description |
| |
sch 2: Am 2005 (878), cl 4; 2006 (299), cl 4.
Schedule 9 Development for additional purposes
(Clause 60)
Land being lot 2, DP 787796, Parish of Googong—development for the purpose of a precision engineering works.
Land being lot 10, DP 264443, lot 1, DP 421614 and portion 225, Parish of Bywong—erection of a dwelling house.
Land being lot 2, DP 218721, Wickerslack Lane, Parish of Googong—development for the purpose of a bakery.
Land being lot 103, DP 705692, Parish of Carwoola—development for the purpose of commercial premises and a service station.
Land being lot 18, DP 793294, Parish of Wamboin—development for the purpose of a bus depot.
Land being lot 2, DP 703432, Mountain Creek Road, Parish of Urayarra—development for the purpose of a logging equipment workshop.
Land being part of lot J, DP 38379, Parish of Currandooly—development for the purpose of an access road to an extractive industry site.
Land being lots 5 and 6, DP 800637 and lot 96, DP 754880, Parish of Ginninderra—subdivision into 3 lots (each having an area of no more than 80 hectares), the erection of a dwelling house on each of the lots so created and the creation of a road reserve.
Land being lot 15, DP 264443, Parish of Bywong—erection of a dwelling house.
Land being lot 5, DP 219695, Parish of Googong—erection of a dwelling house.
Land being lots 1–4, DP 249946, Parish of Goorooyarroo—erection of a dwelling house.
Land being part lot 22, DP 715621, Parish of Currandooly—development for the purpose of an access road to an extractive industry located on lot 21, DP 715621, Parish of Currandooly.
Land being lot 31, DP 561406, Parish of Wamboin—development for the purpose of a retail winery and manager’s residence.
Land being lot 15, DP 976557, Parish of Currandooly—development for the purpose of an antique shop.
Land being lot 2, DP 703432, Mountain Creek Road, Parish of Urayarra—development for the purpose of a dwelling house.
Land being lot 105, DP 754881, Parish of Googong—development for the purpose of a dwelling house.
Land being lot 17 and part lot 29, DP 751806, Parish of Bumbalong—development for the purpose of a youth camp and caretaker’s cottage.
Land being lot 9, DP 245149, Parish of Bywong—development for the purpose of a retail winery.
Land being lot 31 and part lot 32 (access), DP 634213, Parish of Currandooly—development for the purpose of an extractive industry.
Land being lot 7, DP 261221, Parish of Carwoola—development for the purpose of housing, servicing and repair of not more than four trucks.
Land being lot 2, DP 740249, Parish of Queanbeyan—development for the purpose of a youth training centre.
Land being lot 2, DP 253616, McCarthy Road, Parish of Wallaroo—development for the purpose of a bed and breakfast establishment.
Land being lot 4, DP 846794, Macs Reef Road, Parish of Bywong—development for the purpose of a computer technology enterprise.
Land in Millpost Lane, Parish of Majura, being portions 170–175, 184 and 213, lot 40, DP 976607, lots 1 and 2, DP 743928 and portion 206—erection of a dwelling house on each parcel of land, but only if the Council is satisfied that:
(a) each site for a dwelling house is suitable for the economical provision of services and that an all-weather access is available to provide safe entrance to and exit from the land, and
(b) after its consideration of an on-site effluent disposal report, each parcel of land has an adequate capability for on-site effluent disposal and that such disposal will not affect water quality on adjoining land through either surface or sub-surface flows, and
(c) the water supply to the dwelling house will not have a significant adverse impact on ground water resources, and
(d) the dwelling house will not form part of a dual occupancy building.
Land being part portions 110 and 124 and part lot 1, DP 808393, Parish of Googong—development for the purpose of an extractive industry involving:
(a) placing of overburden, relocation of the primary crusher and water management works on part of portion 110 and lot 1, DP 808393, and
(b) construction of a workshop and water management works on part of portion 124.
Land being parts of lot 3, DP 700781, Joe Rocks Road, Parish of Wamboin—breeding and selling of exotic and native birds.
Land being portions 1, 3, 21 and 44, DP 751806, Parish of Bumbalong—development for the purpose of an access to a youth camp situated on lot 1, DP 841149.
Land being lot 5, DP 252074, The Forest Road, Parish of Wamboin, Gearys Gap—development for the purpose of a retail winery.
Land being lot 101, DP 802461 and lot 57, DP 754914, Brooklands Road, Parish of Wallaroo—subdivision under the
Community Land Development Act 1989 for the purpose of a vineyard and the erection of not more than two dwelling houses.
Land being lot 100, DP 878557 and lots 1 and 2, DP 883055, McKeahnie Lane Road, Parish of Goorooyaroo—erection of a dwelling house.
Land being lot 7, DP 592796, Parishes of Googong, Burra, Urialla, Yarrow and Carwoola, as shown edged heavy black on the map marked “Yarrowlumla Local Environmental Plan 1993 (Amendment No 35)”—development for the purpose of a hydroelectricity generating station.
Land being part of lot 108, DP 878557, Parish of Goorooyaroo, Federal Highway, Sutton, as shown edged heavy black on the map marked “Yarrowlumla Local Environmental Plan 2002 (Amendment No 1)”—development for the purpose of a transport terminal.
Land being lot 99, DP 754895, Forbes Creek Road, Hoskinstown, Parish of Molonglo, as shown edged heavy black on Sheet 2 of the map marked “Yarrowlumla Local Environmental Plan 2002 (Amendment No 3)”—erection of a dwelling house.
Land being lot 276, DP 754915, 462 Bungendore Road, Bungendore, Parish of Wamboin—erection of a dwelling house.
sch 9: Am 24.10.2003; 2005 (589), Sch 1 [1]; 2010 (32), cl 4.
Dictionary
(Clause 7 (2))
abattoir means a building or place used for the slaughter of animals, whether or not animal by-products are processed, manufactured or distributed at or from the building or place, and includes a knackery.
Aboriginal Sites Survey means a report on Aboriginal sites found on land within the local government area of Yarrowlumla, deposited in the office of the Council.
access track means a vehicular track constructed on privately owned land.
activity has the same meaning as in Part 5 of the Act.
advertisement means the display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure or carrying out of a work.
advertising structure means a structure used or to be used principally for the display of an advertisement.
agriculture—general farming means the use of land for any purpose of animal husbandry, including the keeping or breeding of livestock, poultry or bees and for the growing of crops, but does not include the use of land for intensive animal husbandry, intensive livestock keeping establishments, intensive plant cultivation, aquaculture, the erection of buildings or activities which are incidental or ancillary to a primarily residential use of the land concerned.
agriculture—intensive animal husbandry means the keeping or nurturing of cattle, rabbits, alpaca, deer, goats, horses, poultry, sheep or other livestock for commercial purposes where the method of feeding is reliant on supplementary feeding as the primary method of feeding, but does not include:
(a) the use of a building or land for the purpose of feed lots, piggeries, poultry farms or animal boarding establishments, or
(b) the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of the building or land in or on which they are kept, or
(c) intensive hand feeding of livestock as a result of a State declared natural disaster or during drought declared periods.
agriculture—intensive livestock keeping means the use of a building or place in which or on which cattle, sheep, goats, poultry or other livestock are held for the purposes of nurturing by a feeding method other than natural grazing and, without limiting the generality of the foregoing, includes the use of:
(c) fish farms (including farms cultivating crustaceans),
but does not include the use of an animal boarding establishment or an animal breeding or training establishment or the keeping of livestock or poultry intended solely for personal consumption or enjoyment by the owner or occupier of the land.
agriculture—intensive plant cultivation means agriculture involving the irrigated cultivation of crops, including cereals, fruit, flowers, nuts, vegetables, mushrooms, or turf, or the use of land for wholesale plant nurseries or the use of hydroponics for commercial purposes.
aircraft facility means a place used for the taking off and landing of aircraft, whether or not it includes:
(a) a terminal building, or
(b) facilities for the parking, storage, refuelling, maintenance or repair of aircraft.
airline terminal means a building or place used for the assembly of passengers and goods prior to the transport of those passengers and goods either to or from an airport or an aerodrome.
alter, in relation to a heritage item, means:
(a) make structural changes to the interior or the outside of the heritage item, if it is not identified by this plan as being of State significance, or
(b) make non-structural changes to the detail, fabric, finish or appearance of the interior or the outside of the heritage item, or
(c) make structural changes to the interior of the heritage item, if it is identified in this plan as being of State significance.
ANEF means Australian Noise Exposure Forecast within the meaning of Australian Standard AS 2021.
animal boarding establishment means a building or place used for the purpose of boarding animals for fee or reward and includes a veterinary clinic.
animal breeding or training establishment means a building or place used for the purpose of breeding or training animals for fee or reward, otherwise than in the course of agriculture, and includes the keeping of more than four dogs aged six months or more whether or not for fee or reward and a building or place used as a riding school, but does not include an animal boarding establishment or intensive animal husbandry.
appointed day means the day on which this plan took effect.
aquaculture means the cultivation (including propagation and rearing) of the living resources of the sea, or of estuarine or inland waters, whether or not that cultivation is carried out at a farm established for that purpose using an artificially created body of water.
AS 2021 means Australian Standard AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction published by Standards Australia on 10 August 2000.
attached dual occupancy means a dual occupancy where the two dwellings are contained within the one building and share at least one common wall (or ceiling and floor, in the case of a multi-storey building) and have a common roof line.
bed and breakfast means a dwelling that:
(a) provides temporary overnight accommodation for travellers, and
(b) offers at least one breakfast for guests, and
(c) does not contain facilities in rooms for the preparation of meals by guests, and
(d) is not used for the permanent or long-term accommodation of any persons other than those, and the family of those, who operate and manage the facility and who would normally reside on the land.
boarding house means a building or place:
(a) where accommodation, meals and laundry facilities in return for payment are provided to the resident, and
(b) which is not licensed to sell liquor within the meaning of the Liquor Act 1982.
brothel means a building or place designed to be used or habitually used for prostitution.
building has the same meaning as in the Act.
bulk store means a building or place used for the bulk storage of goods, where the goods stored or to be stored are not required for use in a shop or commercial premises on the same parcel of land or on adjoining land in the same ownership.
bulky goods salesroom or showroom means a building or place used for the sale by retail or auction of goods or materials which are of such a size, shape or weight as to require:
(a) a large area for handling, storage or display, or
(b) direct vehicular access to the site of the building or place by members of the public, for the purpose of loading items into their vehicles after purchase,
but does not include a building or place used predominantly for the sale of foodstuffs or clothing.
bus depot means a building or place used for the servicing, repair and garaging of buses and other vehicles used for the purpose of a bus transport undertaking.
bus station means a building or place used as a terminal for the assembly and dispersal of passengers travelling by bus.
bush fire hazard reduction means a reduction or modification (by controlled burning or by mechanical, chemical or manual means) of material that constitutes a bush fire hazard carried out in accordance with a plan of operations approved by the rural fires authority for the area.
bush rock means natural surface deposits of rock, including loose rocks on rock surfaces or on the soil surface and rocks removed from rock outcrops by excavation or blasting.
caravan park means land (including a camping ground, but not a primitive camping ground) on which caravans or other moveable dwellings are located.
cemetery—private means an area of land used for the burial of more than 2 corpses within an allotment with an area greater than 5 hectares that is not owned by the Council.
cemetery—private burial site means an area of land used for the burial of up to 2 corpses within an allotment with an area greater than 5 hectares that is not owned by the Council.
cemetery—public means a building or place designed to be used for the burial, cremation or other processing of corpses that is owned by the Council, and includes an ancillary chapel.
child care centre means a building or place which is used (whether or not for profit) for the purpose of educating, minding or caring for children (whether or not any of the children are related to the owner or operator), but only if the following conditions are satisfied:
(a) the children number 6 or more, are under the age of 6 years of age, and do not attend a government school, or a registered non-government school, within the meaning of the Education Act 1990,
(b) the building or place does not provide residential care for any of the children (other than those related to the owner or operator).
church means any place of public worship, whether in the Christian faith or not.
classified road means a road or work or a proposed road or work declared under the
Roads Act 1993 to be:
(g) a controlled access road, or
club means a building used by persons associated, or by a body incorporated, for social, literary, political, sporting, athletic or other lawful purposes whether of the same or a different kind and whether or not the whole or a part of such building is the premises of a club registered under the
Registered Clubs Act 1976.
commercial premises means a building or place used as an office or for other business or commercial purposes, but (in the zoning table) does not include a building or place elsewhere defined in this Dictionary or a building or place used for a purpose elsewhere defined in this Dictionary.
means a building or place owned or controlled by a public authority or community organisation which may provide for the physical, social, cultural or intellectual development or welfare of the local community, but (in the zoning table) does not include a building or place elsewhere defined in this Dictionary.
contaminated soil means soil that contains a concentration of chemical substances (such as substances listed in the
Australian Dangerous Goods Code) that are likely to pose an immediate or long-term hazard to human health or the environment. Soil is considered to pose such a hazard if the land in which it is located is:
(a) unsafe or unfit for habitation or occupation by people or animals, or
(b) degraded in its capacity to support plant life, or
(c) otherwise environmentally degraded.
Council means:
(a) in relation to land within the area of the City of Queanbeyan—Queanbeyan City Council, or
(b) in relation to any other land—Yarrowlumla Shire Council.
curtilage of a dwelling house means land within 25 metres of a dwelling house.
demolish, in relation to a heritage item, means wholly or partly destroy, deface or dismantle the heritage item.
development has the same meaning as in the Act.
dredging means the removal of material from the bed of a river or waterway.
dual occupancy means two dwellings on a single allotment of land one of which has a floor area (excluding vehicle accommodation and verandahs) of not more than 120 square metres.
dwelling means a room or suite of rooms occupied or used or so constructed or adopted as to be capable of being occupied or used as a separate domicile.
dwelling house means a dwelling that is the only dwelling erected on an allotment of land.
early childhood centre means a pre-school, kindergarten or child minding centre.
earthworks means filling or excavating land to the extent that existing drainage patterns or the use to which the land may be put, or both, are changed, and includes the construction of dams and access tracks and the rehabilitation of erosion gullies by backfilling.
ecologically sustainable development means development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs (as derived from Our Common Future, The Report of the World Commission on Environment and Development (December, 1987) (the Brundtland Report). The principles of ecological sustainability are set out in Schedule 1.
education establishment means a building or place used principally for education and includes:
(a) a school or tertiary institution, whether or not accommodation for staff and students is provided and whether or not used for the purpose of gain, and
(b) an art gallery or museum,
whether or not it has ancillary facilities such as shops and restaurants.
entertainment facility means a building or place used for the purpose of sport, entertainment, exhibitions, displays or cultural events and includes:
(a) sports stadiums, showgrounds, racecourses and the like, and
(b) theatres, cinemas, music halls, concert halls, open air theatres, drive-in theatres and the like.
exhibition home means a dwelling used temporarily for display purposes.
means:
(a) the winning of extractive material, or
(b) an undertaking, not being a mine, which depends for its operations on the winning of extractive material from the land on which it is carried on, and includes any washing, crushing, grinding, milling, sawing or separating into different sizes of that extractive material on that land.
means sand, gravel, clay, soil, rock, stone or similar substances not obtained from mining operations.
feed lot means a building or place in which or on which cattle, sheep or other livestock are held for the purpose of nurturing by a feeding method other than natural grazing, but does not include a piggery, poultry farm, animal boarding establishment or animal breeding or training establishment.
forestry includes arboriculture, silviculture and the cutting, dressing and preparation (otherwise than in a sawmill) of wood and other forest products and the establishment of roads required for the removal of wood and forest products and for forest protection, but does not include tree farming.
garaging of plant and trucks means the storage and maintenance of up to 2 pieces of plant or trucks other than agricultural machinery, on a property where the plant or trucks are operated only by the occupier or occupiers of the property, but does not include a plant depot.
generating works means a building or place used for the purpose of making or generating gas, electricity or other forms of energy.
gross floor area means the sum of the areas of each floor of a building where the area of each floor is taken to be the area within the outer face of the external enclosing walls as measured at a height of 1,400 millimetres above each floor level, but does not include:
(a) columns, fin walls, sun control devices and any elements, projections or works outside the general line of the outer face of the external wall, or
(b) lift towers, cooling towers, machinery and plant rooms and ancillary storage space and vertical air-conditioning ducts, or
(c) car parking needed to meet any requirements of the Council and any internal access to it, or
(d) space for the loading or unloading of goods.
ground cover means all plant material that covers the ground, including crops, stubble, pasture plants and their residues, leaf litter, bark and twigs.
group home means a dwelling:
(a) that is used to provide temporary or permanent accommodation in a household environment, for the purpose of relief or rehabilitation, for people with disabilities or socially disadvantaged people, whether they are related or not, and
(b) that is occupied by those persons as a single household, either with or without paid or unpaid supervision or care and with or without payment for board and lodging being required,
but does not include a building to which
State Environmental Planning Policy No 5—Housing for Older People or People with a Disability applies.
health care professional means a person who provides professional health services to members of the public, and includes:
health consulting rooms means a room, or a number of rooms, within a building used by not more than three health care professionals, to provide professional health care services to members of the public, but does not include a hospital or a medical centre.
helipad means an area or place not open to public use and which is set apart for the taking off and landing of helicopters.
heliport means a place open to the public regularly used for the taking off and landing of helicopters, whether or not it includes:
(a) a terminal building, or
(b) facilities for the parking, storage or repair of helicopters.
heritage conservation plan means a document identifying the heritage significance of a building, work, relic, tree or place and proposing controls on its future development and use.
heritage item means a building, work, relic, tree or place described in Schedule 7.
high technology industry means an industry or associated commercial activity which is directly associated with the activities of a research establishment or tertiary education establishment or which involves the use, development or production of advanced technologies.
hire establishment means a building or place used for the hire of vehicles, boats, caravans, equipment, machinery or the like.
holding means one or more adjoining or adjacent allotments in the one ownership.
home activity means an activity or pursuit carried out in a building or room or number of rooms forming part of, attached to, or within the curtilage of a dwelling where:
(a) the primary use of the dwelling is for residential purposes,
(b) the activity or pursuit does not or is not likely to:(i) interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise,
(ii) involve exposure to view from any public place of any matter,
(iii) require the provision of any essential service main of a greater capacity than that available in the locality, or
(iv) generate traffic out of keeping with the surrounding locality, and
(c) the activity or pursuit is undertaken by the permanent residents of the dwelling.
home occupation means an occupation carried out in a dwelling by the permanent residents of the dwelling which does not involve:
(b) the employment of persons other than those residents, or
(c) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, or
(d) the display of goods, whether in a window or otherwise, or
(e) the exhibition of any notice or advertisement (other than a notice or advertisement exhibited on that dwelling to indicate the name and occupation of the resident), or
(f) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail.
hospital means a building or place (other than a penal or reformative establishment) used for providing professional health care services to people whether or not they are admitted as inpatients and includes:
(a) ancillary facilities for the accommodation of nurses or other health care workers, ancillary shops or restaurants and ancillary accommodation for persons receiving health care or for their visitors, and
(b) facilities situated in the building or at the place and used for educational or research purposes, whether or not they are used only by hospital staff or health care workers and whether or not any such use is a commercial use,
and includes a building or place used exclusively as a day surgery or day procedure centre, but does not include health consulting rooms or a medical centre.
hotel means premises for the lawful operation of which a hotelier’s licence is required under the
Liquor Act 1982.
housing for aged or disabled persons means residential accommodation which may take any residential building form, and which is or is intended to be used as housing for the permanent accommodation of aged persons or disabled persons.
industry means:
(a) any manufacturing process, or
(b) the breaking up or dismantling of any goods or any article for trade or sale or gain or in a process ancillary to any business,
but (in the Table to clause 11) does not include an extractive industry, a high technology industry, a home industry, a light industry, a rural home industry or a rural industry.
institution means a penal or reformative establishment.
junk yard means land used for the collection, storage, abandonment or sale of scrap metals, waste paper, rags, bottles or other scrap metals or goods or used for the collecting, dismantling, storage, salvaging or abandonment of automobiles or other vehicles or machinery or for the sale of their parts.
land degradation means the decline in the quality of natural land resources caused through improper use of land by humans.
landfill means the filling of land with materials such as earth, soil, sand, concrete crushed to a maximum diameter of 300 mm and bricks, but does not include putrescible waste or timber.
landscape means character or visual quality of the environment of a particular location or area and may include both natural and built elements.
light industry means an industry in which the processes carried on, or the transportation involved or the machinery or materials used do not interfere unreasonably with the amenity of the neighbourhood, being small scale manufacturing, furniture manufacturing, restoration work and the like.
liquid fuel depot means a depot or place used for the bulk storage for wholesale distribution of petrol, oil, petroleum or other inflammable liquid.
main road means a road declared to be a main road under the
Roads Act 1993.
major road frontage, in relation to land, means the frontage of that land to:
(a) a main or arterial road, or
(b) a road connecting with a main or arterial road, if the whole or any part of the frontage is within 90 metres (measured along the road alignment of the connecting road) of the alignment of the main or arterial road.
manufactured home means a self-contained dwelling (that includes at least one kitchen, bathroom, bedroom and living area and also includes toilet and laundry facilities), being a dwelling:
(a) that comprises one or more major sections that are each constructed, and assembled, away from a manufactured home estate and transported to the estate for installation on the estate, and
manufactured home estate means land on which manufactured homes are, or are to be, erected.
market means an open air area or building used for the selling, exposing or offering for sale by retail of goods, merchandise or materials and includes temporary structures and existing permanent structures used for that purpose on an intermittent or occasional basis.
materials recycling facility means a building or place used for collecting, dismantling, storing or recycling of second-hand or scrap materials for the purpose of resale, reuse or transfer.
medical centre means a building or place used for providing professional health services to outpatients only, but does not include a hospital or health consulting rooms.
mine means any place, open cut, shaft, tunnel, pit, drive, level or other excavation, drift, gutter, lead, vein, lode or reef on, in or by which any operation is carried on for or in connection with the purpose of obtaining any metal or mineral by any method and any place on which any product of the mine is stacked, stored, crushed or otherwise treated, but does not include a quarry.
mineral sand mine means a mine for or in connection with the purpose of obtaining ilmenite, monazite, rutile, zircon or similar minerals.
motel means premises used for the temporary or short-term accommodation of travellers, but (in the zoning table) does not include premises elsewhere defined in this Dictionary.
motor showroom means a building or place used for the display or sale of motor vehicles, caravans or boats, whether or not accessories are also sold or displayed at the building or place.
Murrumbidgee River corridor land means the land shown stippled on the zoning map.
native plants means plants indigenous to the State, including trees, shrubs, ferns, vines, herbs and grasses indigenous to the State.
offensive or hazardous industry means an industry which, by reason of the processes involved or the method of manufacture or the nature of the materials used or produced, requires isolation from other buildings.
offensive storage establishment means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to minimise its impact on the locality have been employed (including measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a polluting discharge (including noise) in a manner which would have a significant adverse impact on the locality or on the existing or likely future development on other land.
paintball establishment means a building or place used for the purpose of providing facilities for recreational field games such as paintball skirmish or the like.
parking space includes any garage or court available for use by vehicles.
parking station means a building or place, whether operated for gain or not, used for parking vehicles otherwise than only as a use that is ordinarily ancillary or incidental to another use, and includes any manoeuvring space and access from or to the building or place.
passenger transport terminal means any building or place used for the assembly and dispersal of passengers travelling by any form of passenger transport, and includes any facilities required for parking, manoeuvring, storage or routine servicing of any vehicle forming part of that undertaking.
periodic public entertainment means a fete, show, fireworks display or the like conducted from time to time by a service club or similar body, but does not include a major commercial entertainment.
piggery means a building or place where 3 or more pigs over 8 months of age are kept, but does not include an abattoir or slaughterhouse.
place of assembly means a public hall, theatre, cinema, music hall, concert hall, dance hall, open-air theatre, drive-in theatre, music bowl or any other building of a like character used as such and whether used for the purpose of gain or not, but does not include a place of public worship, an institution or an educational establishment.
place of public worship means a building or place used for the purpose of religious worship by a congregation or religious group, whether or not the building or place is also used for counselling, social events, instruction or religious training.
plant depot means a building or place used for the parking or servicing of moveable plant and motor vehicles by the owner or lessee of that building or place, being plant used in an occupation or business carried on at some other location.
potential dam site means an excavation in which water is stored by the use of earthen walls or walls made of other materials.
poultry farm means:
(a) a building or place in which or on which more than 500 hens are kept, or
(b) a building or place that is used for commercial poultry breeding purposes.
professional consulting rooms means a room or a number of rooms forming either the whole of or part of, attached to or within the curtilage of a dwelling house and used by not more than three legally qualified medical practitioners or by not more than three dentists within the meaning of the
Dentists Act 1989, or by not more than three health care professionals, who practise therein the profession of medicine, dentistry or health care respectively, and if more than one practise in partnership, and who employ not more than three employees in connection with that practice.
public building means a building used as offices or for administrative or other like purposes by the Crown, a statutory body, a council or an organisation established for public purposes.
public utility undertaking means a building, work or undertaking carried out under the authority of any Government agency or other public authority (including the Council), or in pursuance of any Commonwealth or State Act for the purpose of:
(a) railways or roads, or
(b) railway, road, water or air transport, or wharf or river undertakings, or
(c) the provision of sewerage or drainage services, or
(d) the supply of water, hydraulic power, electricity or gas, or
(e) telecommunications facilities.
reception establishment means a building or place used for the purpose of wedding receptions, birthday parties or the like, but does not include a refreshment room or hotel.
recreation area means:
(a) a children’s playground,
(b) a place used for sporting activities or sporting facilities, or
(c) a place used to provide facilities for recreational activities which promote the physical, cultural or intellectual welfare of persons within the community, being facilities provided by:(i) a public authority, or
(ii) a body of persons associated for the purpose of promoting the physical, cultural or intellectual welfare of persons within the community,
but does not include a racecourse, showground or paintball establishment.
recreation establishment means a health farm, religious retreat house, rest home, youth hostel, guest house or the like but, (in the zoning table) does not include a building or place elsewhere specifically defined in this Dictionary.
recreation facility means a building or place used for indoor recreation, a billiard saloon, table tennis centre, squash court, swimming pool, gymnasium, health studio, bowling alley, fun parlour or any other building of a like character used for recreation and whether used for the purpose of gain or not, but does not include a place of assembly.
refreshment room means a café, tearoom, eating room or the like, but does not include a restaurant.
relic means:
(a) any deposit, object or material evidence (which may consist of human remains) relating to the use or settlement of the local government area of Yarrowlumla, not being Aboriginal habitation, which is more than 50 years old, or
(b) any deposit, object or material evidence (which may consist of human remains) relating to Aboriginal habitation of the local government area of Yarrowlumla whether before or after its occupation by persons of European extraction.
residential flat building means a building containing two or more dwellings.
restaurant means a building or place, the principal purpose of which is the provision of food to paying customers for consumption on the premises.
retail plant nursery means a building or place used for both the growing and retail selling of plants, whether or not ancillary products are sold there.
retail winery means a building erected or proposed to be erected for the purpose of manufacturing, storing and offering for sale viticultural products.
road transport terminal means a building or place used principally for the bulk handling of goods for transport by road, and includes facilities for the loading and unloading of vehicles used to transport those goods and for the parking, servicing and repair of those vehicles.
roadside stall means a place or temporary structure used for selling by retail agricultural produce or hand-crafted goods from the property of which the place forms part or on which the structure is located.
rural home industry means a rural industry carried on in a building (other than a dwelling house) under the following circumstances:
(a) the building has a gross floor area not exceeding 200 square metres and is erected within the curtilage of a dwelling house occupied by the person carrying on the rural industry, or on adjoining land owned by that person,
(b) the rural industry does not:(i) interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, or
(ii) involve exposure to view from any adjacent premises or from any public place of any unsightly matter, or
(iii) require the provision of any essential service main of a greater capacity than that available in the locality.
rural industry means:
(a) the handling, treating, processing or packing of primary products, or
(b) the servicing in a workshop of plant or equipment used for rural purposes, or
(c) a combination of the activities referred to in paragraphs (a) and (b).
rural tourist facility means a building or place on a farm (which may include a refreshment room and limited tourist accommodation) which is used to provide tourists with a rural education and experience concerning the growing, production or processing of rural products which are grown or cultivated on that farm. (For the purposes of this definition, a farm means an area of adjoining or adjacent land held in the same ownership and in continuous use for agricultural or forestry purposes.)
rural worker’s dwelling means a dwelling located on land on which a dwelling house is or is intended to be situated and used as the principal place of residence by persons employed for the purpose of agriculture, aquaculture or a rural industry on that land.
sawmill means a mill handling, cutting and processing timber from logs or baulks.
service station means a building or place used for the fuelling of vehicles involving the sale by retail of petrol, oil or other petroleum products, whether or not the building or place is also used for one or more of the following:
(a) the hiring of vehicles,
(b) the retail selling or the installing of spare parts and accessories for vehicles,
(c) the repairing or servicing of vehicles (not involving body building, panel beating or spray painting),
(d) the retail selling or hiring of small consumer goods.
shop means a building or place used for the purpose of selling, exposing or offering for sale goods, merchandise or materials, but (in the zoning table) does not include a building or place elsewhere defined in this Dictionary.
site area means the area of land to which an application for consent under the Act relates, excluding any land on which the development to which the application relates is not permitted by or under this plan.
stock and sale yard means a building or place used for the purpose of offering livestock or poultry for sale.
store, convenience means a building or place which:
(a) trades principally in the retail sale of groceries, take-away foods, smallgoods and household items and services, and
(b) may be attached to or form part of a dwelling, and
(c) does not have an area devoted to retailing that exceeds 75 square metres, and
(d) is not located closer than 400 metres to another such shop.
store, general means a building or place used for the sale by retail of general merchandise, petroleum products, rural and landscaping supplies, and may include the facilities of a post office, but does not include a service station.
store, produce means a building or place used for the sale by retail of grain, stock feed, fertiliser or veterinary medicine.
telecommunications facility means a building, structure, work or place (such as a radio mast, tower, earth station, cable, satellite dish or the like) used specifically for transmitting, receiving or passing on signals, but does not include a domestic structure.
the Department means the Department of Planning.
tourist facility means an establishment providing for holiday accommodation or recreation and may include a boatshed, boat handling facilities, camping ground, caravan park, holiday cabins, hotel, houseboat, marina, motel, playground, refreshment room, water sport facilities or a club used in conjunction with any tourist activities.
transport depot means a building or place used for the parking or servicing of motor powered or motor drawn vehicles used in connection with a passenger transport undertaking, business, industry or shop.
transport terminal means a building or place used as an airline terminal, a road transport terminal, a bus station or a bus depot.
tree farming means the planting of trees on land for firewood or other purposes incidental to the farming of that land.
units for aged persons means a residential flat building used to house eligible persons as defined in the
Aged or Disabled Persons Care Act 1954 of the Commonwealth, erected or to be erected by an eligible organisation as defined in that Act, the Department of Housing or any other government agency or instrumentality.
utility installation means a building or work used by a public utility undertaking, but does not include a building designed wholly or principally as administrative or business premises or as a showroom or a road.
vacant, in reference to an allotment or a holding, means an allotment or a holding on which no dwelling is erected.
vehicle body repair workshop means a building or place used for the repair of vehicles, involving body painting, panel beating or spray painting.
vehicle repair station means a building or place used for the purpose of carrying out repairs (other than repairs involving body building, panel beating or spray painting), or the selling and fitting of accessories, to vehicles.
veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment and may include related laboratory facilities.
warehouse or distribution centre means a building or place used mainly for storing, handling, or displaying items (whether goods or materials) which have been produced or manufactured for sale, other than retail sale to the public from the building or place.
zoning map means the map marked “
Yarrowlumla Local Environmental Plan 2002”, as amended by the maps (or sheets of the maps) marked as follows:
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.
Yarrowlumla Local Environmental Plan 2002 (Amendment No 3)—Sheet 1
Yarrowlumla Local Environmental Plan 2002 (Amendment No 11)
1995 holding means:
(a) except as provided by paragraph (b)—an allotment, portion or parcel of land in existence at the date of gazettal of Yarrowlumla Local Environmental Plan 1993 (Amendment No 6) (13 October 1995), as a separate allotment, portion or parcel, or
(b) where, as at the date of gazettal of Yarrowlumla Local Environmental Plan 1993 (Amendment No 6), a person owned 2 or more adjoining or adjacent allotments, portions or parcels of land having access to a public road—the land comprised of the aggregation of the areas of those allotments, portions or parcels,
but does not include land held under the
Crown Lands Act 1989.
Dictionary: Am 2005 (589), Sch 1 [2]; 2006 (552), Sch 3 [4]; 2013 (129), cl 4.