New South Wales Repealed Regulations

This legislation has been repealed.

CAMDEN LOCAL ENVIRONMENTAL PLAN NO 45 - REG 6

6 Definitions

(1) In this plan:
"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 it includes the erection of an advertising structure.
"advertising sign" means an advertisement that is painted directly onto an existing part of a building (such as a fascia, wall or shop window) and requires no other supporting structure for its display.
"advertising structure" means a structure used or principally used for the display of an advertisement (such as a pole sign, flagpole, under awning, flash-mounted or projecting wall sign) and is affixed to a building or premises.
"alter", in respect of a heritage item or a building, work or relic within a heritage conservation area, means:

(a) the making of structural changes to its exterior, or

(b) the making of non-structural changes to the detail, fabric, finish or appearance of its exterior, except changes resulting from any maintenance necessary for its ongoing protective care which does not adversely affect its heritage significance.

"appointed day" means the day on which this plan takes effect.
"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 a service station, a car repair station, a motor showroom, an auto electrician's workshop, a shop for the sale of automotive spare parts, tyres or car batteries, a tyre retreading workshop and any other establishment performing similar functions, but does not include a panel beating workshop (other than panel beating ancillary to the motor showroom).
"bed and breakfast establishment" means a dwelling-house operated by its permanent residents to provide short term paid accommodation (which may include meals) and includes ancillary buildings within the curtilage of the dwelling-house.
"brothel" means a building or place used for the purpose of prostitution by one or more prostitutes or a building that is designed for that purpose.
"car parking station" means a building or place used for the purpose of accommodating vehicles on payment of a fee or charge, but does not include:

(a) a parking space on a public road or public place for which a fee is charged by way of a parking meter,

(b) public car parking provided by the Council, whether or not a fee is charged, or

(c) parking space required to be provided in a building as a condition of development consent.

"child care centre" means fixed premises at which a child care service is provided by a person for the purpose of educating, minding or caring (but without providing residential care) for 4 or more children (disregarding any children who are related to the person providing the service) who are under 6 years of age and who do not ordinarily attend school.
"community centre" means a building or place owned or controlled 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 services,

(c) rest rooms,

(d) meeting rooms,

(e) indoor recreation,

(f) child minding facilities,

(g) any other like purpose.

"conservation plan" means a document establishing the heritage significance of a heritage item or heritage conservation area and identifying conservation policies and management mechanisms that are appropriate to enable that significance to be retained in the future use and development of the item or area.
"Council" means the Council of the Municipality of Camden.
"demolish", in respect of a heritage item or a building, work, relic, tree or place within a heritage conservation area, means wholly or partly destroying, damaging or dismantling that item, building, work, relic, tree or place.
"heritage assessment report" means an assessment of the impact of proposed development on the heritage significance of a heritage item and its setting and any heritage conservation area within which it is situated which may or may not include a management strategy for the ongoing conservation of the item or area.
"heritage conservation area" means land shown edged heavy black on Sheet 1 of the map marked " Camden Local Environmental Plan No 98--Heritage " and described in Schedule 1 and includes buildings, works, relics, trees and places situated on or within that land.
"heritage item" means a building, work, relic, tree or place (which may or may not be situated on or within land that is a heritage conservation area) described in Schedule 1.
"heritage significance" means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.
"home business" means an industry or occupation carried on in a dwelling or in a building the use of which is ancillary to a dwelling where the dwelling and the land on which the dwelling is located are primarily used for residential purposes and where the industry or occupation:

(a) is carried on by the permanent residents of the dwelling and not more than one non-resident, if any, and

(b) does not take up floorspace of more than 50 square metres in the whole dwelling or ancillary building, and

(c) does not interfere with the amenity of the locality because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, and

(d) does not involve exposure to view from any adjacent premises or from any public place of any unsightly matter, goods or products, and

(e) does not give rise to traffic levels out of keeping with those of the surrounding locality, and

(f) does not include acts of prostitution between persons of different sexes or of the same sex, such as:

(i) sexual intercourse, as defined in section 61H of the Crimes Act 1900 , for payment, and

(ii) masturbation of one person by another, for payment.

"multi-unit housing development" means residential development (not being two-dwelling development) resulting in two or more dwellings on one lots, whether the dwellings are attached or detached, and includes town-houses and 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,

(b) panel beating which may or may not involve dismantling, and

(c) spraypainting.

"recreation area" means:

(a) a children's playground,

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

(c) an area 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) the Council, or

(ii) a body of persons associated for the purposes of the physical, cultural or intellectual welfare of persons within the community,

but does not include a racecourse or a showground.
"relic" means any deposit, object or material evidence (which may consist of human remains) relating to:

(a) the use or settlement of the area of Camden, not being Aboriginal habitation, which is more than 50 years old, or

(b) Aboriginal habitation of the area of Camden whether before or after its occupation by persons of European extraction.

"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, including changes that involve the repair, or the painting, plastering or other decoration, of the outside of the building or work.

"retail plant nursery" means a building or place primarily used for growing plants and for selling, exposing or offering for sale by retail, plants, landscape supplies, landscape products, horticultural products and as an ancillary purpose only, for selling or offering for sale by retail items associated with outdoor gardening and food for consumption on the premises only.
"the map" means the map marked " Camden Local Environmental Plan No 45 ".
"tree" means any tree, sapling or shrub which:

(a) is 3 metres or more in height,

(b) has a girth of 300mm or more at a height of 1 metre above natural ground surface, or

(c) has a branch span of 3 metres or more.

"two-dwelling development" means residential development resulting in two dwellings (but no more) on one lot, where:

(a) the development involves an addition or alteration to an existing dwelling-house, the erection of a single building containing two dwellings on a vacant lot or the conversion into a dwelling of a building situated on the same lot as a dwelling-house, and

(b) both dwellings are attached and under the one roof in one building which has the appearance of a single dwelling-house, except where:

(i) one of the dwellings was a dwelling-house situated on the lot when Camden Local Environmental Plan No 72 commenced and the other dwelling results from the conversion of a second building that (when that plan commenced) was situated on the lot and used for a purpose ancillary to the use of that dwelling-house, and

(ii) the conversion will not result in any extension to the second building, and

(c) the total amount of the site area occupied by buildings does not exceed two thirds of the site area, and

(d) the lot has an area of not less that 400 square metres and is not further subdivided (whether or not under the Strata Titles Act 1973 or the Community Land Development Act 1989 ), and

(e) in the case of the erection of a single building containing two dwellings, the building is of no more than single storey construction, but may be of two storey construction if:

(i) adjacent land is occupied by two storey dwellings or is vacant (but is not public land), and

(ii) the Council is satisfied that the proposed building will suit the streetscape and have no adverse effect in terms of character, design, scale, bulk, privacy and overshadowing.

(2) In this plan:

(a) a reference to a building or place used for a purpose includes a reference to a building or place intended to be used for the purpose,

(b) a reference to a map is a reference to a map deposited in the office of the Council, and

(c) a reference to land within a zone specified in the Table to clause 10 is a reference to land shown on the map in the manner indicated in clause 9 as the means of identifying land of the zone so specified.