WAVERLEY LOCAL ENVIRONMENTAL PLAN 1996

New South Wales Repealed Regulations

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This legislation has been repealed.

WAVERLEY LOCAL ENVIRONMENTAL PLAN 1996 - SCHEDULE 2

SCHEDULE 2 – Interpretation

(Clause 6 (1))

"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.
"Aboriginal place of heritage significance" means an area of land, the general location of which is identified in an Aboriginal heritage study adopted by the Council after public exhibition and that may be 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 may (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.

Note: The term may include (but is not limited to) places that are declared under section 84 of the National Parks and Wildlife Act 1974 to be Aboriginal places for the purposes of that 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 the carrying out of a work.
"affordable housing" means housing which, by virtue of its location, style of accommodation, levels of car parking and dwelling size, would sell at a price or rent at a rate which is comparable to or less than the existing median sale price or median rent level in the Council's area.
"aged persons' care centre" means a building or place used for the care of aged persons, but which does not involve the provision of residential accommodation, and includes a senior citizens' centre as defined in the States Grants (Home Care) Act 1969 of the Commonwealth.
"air impurity" includes smoke, dust (including ash), cinders, solid particles or radioactive substances of any kind suspended in air, gases, fumes, mists and odours.
"air pollution" means the emission into the air of any air impurity.
"amusement centre" means a building or place (other than a club or hotel) containing:

(a) one or more tables for the playing of pool, snooker, billiards or like games by members of the public, or

(b) 3 or more electrically or mechanically operated amusement devices such as pinball machines, laser games, video games or the like, whether or not the building or place is also used for some other purpose, or

(c) any number of electrically or mechanically operated amusement devices such as pinball machines, laser games, video games or the like, where the use of these amusement devices is the principal use of the building or place.

"appointed day" means the day on which this plan takes effect.
"archaeological site" means a place that contains 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 signs 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.

"backpackers accommodation" means a building used for the purpose of providing accommodation for tourists, travellers or persons engaged in recreational pursuits and that:

(a) may have shared facilities, such as a communal bathroom, kitchen or laundry, and

(b) will generally provide shared accommodation in which there are two or more persons in a room, and

(c) will generally provide temporary accommodation, but may provide permanent accommodation.

"beachfront scenic protection area" means land shown on the Zoning map by black cross-hatching superimposed on a colour.
"bed and breakfast establishment" means a dwelling-house providing accommodation for commercial purposes where:

(a) the owner is a permanent resident living in the dwelling-house, and

(b) visitors' accommodation is provided on a short-term basis only, up to a maximum of 1 month, and

(c) there are not more than 6 visitors at any one time,

"boarding-house" means a building:

(a) that is wholly or partly let in lodgings, and

(d) that provides lodgers with a principal place of residence for 3 months or more, and

(e) that generally has shared facilities, such as a communal bathroom, kitchen or laundry, and

(f) that has rooms with one or more lodgers,

and includes a hotel (not being premises to which a hotelier's licence under the Liquor Act 1982 relates).
"Bondi Beach Precinct" means the land shown edged heavy black and marked "Bondi Beach Precinct" on the Bondi Beach Precinct map.
"business identification sign" means an advertisement which, in respect of any place or premises to which it is fixed, contains all or any of the following:

(a) a reference to the identity or a description of the place or premises,

(b) a reference to the identity or a description of any person residing or carrying on an occupation at the place or premises,

(c) particulars of any occupation carried on at the place or premises,

(d) such directions or cautions as are usual or necessary relating to the place or premises or any occupation carried on there,

(e) particulars or notifications required or permitted to be displayed by or under any State or Commonwealth Act,

(f) particulars relating to the goods, commodities or services dealt with or provided at the place or premises,

(g) particulars of any activities held or to be held at the place or premises,

(h) a reference to an affiliation with a trade, professional or other association relevant to the business conducted on the place or premises.

"car repair station" means a building or place used for the purpose of carrying out repairs to motor vehicles.
"community centre" means a building or place owned, leased or sub-leased by the Council and used to provide facilities comprising or relating to any one or more of the following:

(a) a public library,

(b) public health and welfare services,

(c) rest rooms,

(d) meeting rooms,

(e) indoor recreation,

(f) child minding,

(g) baby health centres,

(h) public halls,

(i) exhibition spaces,

(j) public buildings,

(k) places of public worship,

(l) club rooms,

(m) shops and commercial premises,

(n) refreshment rooms,

(o) housing for aged and disabled persons,

(p) car parking,

(q) any other similar building, place or land use.

"Council" means Waverley Council.
"demolish", in relation to a heritage item or an Aboriginal object, or a building, work, relic or tree within a heritage conservation area, means wholly or partly destroy, dismantle or deface the heritage item, Aboriginal object or building, work, relic or tree.
"dual occupancy" means 2 dwellings (whether attached or detached) on the same allotment.
"floor space ratio", in relation to a building, means the ratio of the gross floor area of the building to the area of the allotment of land on which the building is erected.
"greenhouse effect" means the warming of the earth due to the absorption of the earth's emitted infra red radiation by greenhouse gases.
"greenhouse gases" include carbon dioxide, methane, nitrous oxide, chlorofluorocarbons and tropospheric ozone.
"height" of a building in a business zone means the greatest distance in metres measured vertically from any point on the building to the natural ground level below that point.
"heritage conservation area" means an area of land of heritage significance:

(a) shown on the Heritage Map as a heritage conservation area, and

(b) the location and nature of which is described in Schedule 5,

and includes any heritage items situated on or within that area.
"heritage conservation management plan" means a document prepared in accordance with guidelines prepared by the Division of the Government Service responsible to the Minister administering the Heritage Act 1977 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 or 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, place, relic, tree, object or archaeological site the location and nature of which is described in Schedule 5.

Note: An inventory of heritage items is also available at the office of the Council.

"heritage management document" means:

(a) a heritage conservation management plan, or

(b) a heritage impact statement, or

(c) any other document that provides guidelines for the ongoing management and conservation of a heritage item, Aboriginal object, Aboriginal place of heritage significance or heritage conservation area.

"Heritage Map" means the Waverley Local Environmental Plan 1996 Heritage Map .
"heritage significance" means historical, scientific, cultural, social, archaeological, architectural, natural or aesthetic value.
"home based child care 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) one or more children (disregarding any children who are related to the person providing the service), and

(b) that is provided for fee, gain or reward, and

(c) that is provided at the premises where the person providing the service resides,

but does not include:

(d) a family care giving service that is provided by a registered caregiver within the meaning of the Family Day Care Services Regulation 1989 , or

(e) a centre-based child care service that is provided at a centre within the meaning of the Centre-based Child Care Services Regulation 1989 , or

(f) a mobile child care service that is provided by a licensee within the meaning of the Mobile Child Care Services Regulation 1989 , or

(g) a babysitting, playgroup or child minding service that is organised on an informal basis by the parents of the children involved.

"hostel" means premises that are generally staffed by social workers or support providers and at which:

(a) residential accommodation is provided in dormitories, or on a single or shared basis, or by a combination of them, and

(b) cooking, dining, laundering, cleaning and other facilities are provided on a shared basis.

"maintenance", in relation to a heritage item, Aboriginal object or Aboriginal place of heritage significance, or a building, work, archaeological site, tree or place within a heritage conservation area, means ongoing protective care, but 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.
"mixed development" means a residential flat building, dual occupancy, dwelling-house, boarding house, hostel or serviced apartment within the same building as shops, commercial premises or any other non-residential use.
"natural ground level" is the ground surface level prior to any development, including any cutting, filling and grading, and, where the existing ground level differs from the natural ground level, the natural ground level shall be as determined by the Council after taking into account any information available to it concerning the location.
"nominated State heritage item" means a heritage item that:

(a) has been identified as an item of State significance in a publicly exhibited heritage study adopted by the Council, and

(b) the Council has, by notice in writing to the Heritage Council, nominated as an item of potential State significance.

"nuclear activities" includes any procedure or operation involved in the exploration for or quarrying, mining, milling, conversion, enrichment, fabrication, reprocessing, storage or disposal of nuclear material.
"nuclear facility" includes a nuclear reactor, a nuclear power plant, a critical facility, a conversion plant, a fabrication plant, a reprocessing plant, an isotope separation plant or an installation for the storage or disposal of nuclear material.
"nuclear material" means any radioactive substance associated with the nuclear fuel cycle, including fertile and fissile material, spent fuel and waste.
"ozone-depleting substance" means a controlled substance within the meaning of the Ozone Protection Act 1989 (for example, CFC-11, CFC-12, CFC-113, CFC-114, CFC-115, Halon-1211, Halon-1301 and Halon-2402).
"pollution" means any one or more 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.

"private hotel" means a building used for short-term temporary accommodation and which is not licensed under the Liquor Act 1982 .
"public hall" means a building or place, whether owned or controlled by the Council or otherwise, which is used or intended to be used for general public purposes such as meetings, entertainments, exhibitions, social and community activities or the like, but does not include any building or place which is operated for profit or gain or elsewhere defined in this Schedule.
"real estate sign" means an advertisement in respect of a place or premises to which it is affixed which contains only a notice that the place or premises is or are for sale or letting, together with particulars of the sale or letting and:

(a) in the case of an advertisement in respect of residential premises relating to letting, sale by private treaty or sale by auction:
(i) does not exceed 2.5 square metres in area,

(ii) has returns not exceeding 180 millimetres, and

(b) in the case of an advertisement 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 or place to which the sign relates.

"recreation area" means:

(a) a children's playground,

(b) an area used for sporting activities or sporting facilities,

(c) an area used by the Council to provide recreational facilities for the physical, cultural or intellectual welfare of the community, and

(d) an area used by a body of persons associated for the purpose of the physical, cultural or intellectual welfare of the community to provide recreational facilities for that purpose,

but does not include a racecourse or showground.
"recreation facility" means a building or place used for indoor recreation such as a table tennis centre, squash court, swimming pool, gymnasium, health studio, bowling alley or any other building or place of a like character used for recreation, whether or not operated for profit or gain, but does not include a place of assembly or an amusement centre.
"recyclable materials" means materials which can be recovered from the waste cycle and reused, and includes glass, aluminium, paper, cardboard, plastic containers and the like.
"relic" has the same meaning as in the Heritage Act 1977 .

The term is defined as follows:
"relic" means any deposit, artefact, object or material evidence that:
(a) relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and

(b) is of State or local heritage significance.

"residential flat building" means a building containing 3 or more dwellings.
"serviced apartment" means a building containing 2 or more dwellings intended to be used for short-term accommodation of travellers and tourists and where such dwellings are cleaned or otherwise serviced or maintained by the owner or manager of the apartments or the owner's or manager's agent.
"small shop" means a shop having a floor area not exceeding 60 square metres which is used or intended to be used for retailing general grocery merchandise, and which is commonly referred to as a corner shop.
"strata subdivision" means a subdivision under the Strata Titles Act 1973 or the Strata Titles (Leasehold) Act 1986 .
"temporary accommodation" means premises providing short-term accommodation on a weekly and monthly basis, being premises where a person may stay for no more than 2 months.
"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 which is not displayed earlier than 28 days before the day on which the event is to take place and is removed within 14 days after the event. Temporary signs may consist of advertisements in the form of banners, bunting, posters, inflatable structures and the like.
"the Corporation" means the corporation constituted by section 8 (1) of the Environmental Planning and Assessment Act 1979 .
"the Bondi Beach Precinct map" means the map set out in Schedule 6 to this Plan.
"the Subdivision map" means the map set out in Schedule 7 to this Plan.
"the Zoning map" means the map marked " Waverley Local Environmental Plan 1996--Zoning map ", as amended by the maps, or the specified sheets of maps, marked as follows (and as also amended in the manner set out in clause 6 (3)):

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.

Waverley Local Environmental Plan 1996 (Amendment No 1)

Waverley Local Environmental Plan 1996 (Amendment No 3)

Waverley Local Environmental Plan 1996 (Amendment No 4)

Waverley Local Environmental Plan 1996 (Amendment No 5)--Zoning map

Waverley Local Environmental Plan 1996 (Amendment No 7)

Waverley Local Environmental Plan 1996 (Amendment No 8)

Waverley Local Environmental Plan 1996 (Amendment No 11)

Waverley Local Environmental Plan 1996 (Amendment No 13)

Waverley Local Environmental Plan 1996 (Amendment No 14)

Waverley Local Environmental Plan 1996 (Amendment No 20) --Sheets 1-6 and 8

Waverley Local Environmental Plan 1996 (Amendment No 23) --Sheet 1

Waverley Local Environmental Plan 1996 (Amendment No 26)

Waverley Local Environmental Plan 1996 (Amendment No 27)

Waverley Local Environmental Plan 1996 (Amendment No 28)

Waverley Local Environmental Plan 1996 (Amendment No 29)

Waverley Local Environmental Plan 1996 (Amendment No 30)

Waverley Local Environmental Plan 1996 (Amendment No 32)

Waverley Local Environmental Plan 1996 (Amendment No 34)

"the RTA" means the Roads and Traffic Authority constituted under the Transport Administration Act 1988 .
"tourist facility" means an establishment providing for holiday accommodation or recreation, and may include backpackers' accommodation, bed and breakfast accommodation, a boat shed, boat landing facilities, a camping ground, a caravan park, cultural facilities, a guest house, holiday cabins, a hotel, a house boat, a marina, a motel, a playground, a refreshment room, a serviced apartment, tourist information facilities, a tourist shop, water sport facilities, or a club used in conjunction with any such facilities.
"townhouse" means a residential flat building containing 3 or more dwellings in a group such as are commonly known as group houses, semi-detached houses, terrace houses, villa homes or the like.
"waste" means:

(a) effluent, being any matter or thing, whether solid or liquid or a combination of solids and liquids, which is of a kind that may be removed from a human waste storage facility, sullage pit or grease trap, or from any holding tank or other container forming part of or used in connection with a human waste storage facility, sullage pit or grease trap, or

(b) trade waste, being any matter or thing, whether solid, gaseous or liquid or a combination of solids, gases and liquids (or any of them) which is of a kind that comprises refuse from any industrial, chemical, trade or business process or operation, including any building or demolition work, or

(c) garbage, being all refuse other than trade waste and effluent.

A substance is not precluded from being waste for the purposes of this Plan only because it is capable of being refined or recycled.

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