Dictionary

AAA rated showerheads - means shower heads rated as AAA in accordance with the Australian Standard AS/NZ 3662 (1996) which must have good spray pattern and temperature characteristics, and a flow rate of 9 litres per minute or less.

abutting land - means land, which shares a common boundary with an application site.

access handle - Land containing the driveway which provides access to the main parcel of a battle-axe arrangement (regardless of whether it is created by reciprocal rights of way, is affected by an easement or is for the exclusive use of one dwelling house).

accessible - describes all or part of a site, building or facility that complies with AS 1428.2, and that can be approached, entered and used by people with disabilities.

active solar energy systems - means systems, which combine the sun's energy with local climatic conditions to achieve thermal comfort inside buildings with the use of mechanical devices. An example is sub-floor heating which uses a pump to circulate hot water from a tank through the floor and back to the solar collectors.

adaptation - Modifying a building or place to suit proposed uses that are compatible with conservation of the building or place.

adjoining land - Land which abuts other land or is separated from it only by a pathway, driveway or similar thoroughfare.

advertisement - 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 contains a reference to the use of the premises on which the display occurs and whether or not the display involves the erection of a structure or the carrying out of a work.

advertising structure - A structure used or to be used principally for the display of an advertisement.

AHD - Australian Height Datum. This is a fixed point of reference used by surveyors.

alter - In relation to a Heritage Item or to a component of a Conservation Area means:a) make structural changes to its exterior; or b) make non-structural changes to the detail, fabric, finish or appearance of the exterior, but not including any such changes resulting from maintenance, this being the continuous protective care of the existing detail, fabric, finish or appearance of the item or component.

ambulant people with disabilities - describes people who are able to walk but have mobility or manipulative impairments.

amenity - Features, facilities or services of a house, estate or district, which make for a pleasant and comfortable life.

amusement centre - means a building or place containing one or more pool tables or three or more amusement devices used or intended to be used by the public for the playing of pool, billiards and like games, or for the playing of amusement devices, whether or not the building or place is also used for some other purpose. Notwithstanding this clause registered clubs, hotels or taverns are not deemed to be amusement centres.

amusement device - means a machine or device, whether manually, mechanically or electronically powered, operated by one or more players for the purpose of amusement or recreation, whether requiring the insertion of a coin or not, which is capable of being manipulated or controlled by players.

application site - means the land to which an application relates.

appointed day - The day on which this plan was gazetted and took effect.

archaeological site - Land identified as such a site on the Heritage and Conservation Map.

AS - Australian Standard.

attached dwelling - A dwelling physically connected to another dwelling, where: (a) the two dwellings comprise a single building, and (b)the two dwellings are connected by a substantial wall separating habitable rooms such as lounge rooms, dining rooms, bedrooms or kitchens, or by the floor of one dwelling and the ceiling of the other. Dwellings are not attached if the only physical connection between them is a verandah, pergola, balcony, driveway, walkway, garage, carport or private open space area.

attached garage - A garage that is physically or visually connected to the dwelling.

attic - A habitable space totally within the roof space of a dwelling, or of a building including a dwelling, being a dwelling that occupies all or a substantial part of the level of the building immediately below the habitable space and of which dwelling the habitable space is part.

authorised officer - means the Council Officer who is responsible for the processing, assessment and determination of an application.

BCA - means Building Code of Australia

bed and breakfast - means a dwelling-house in which the permanent residents provide rooms for paying guests, with a common facility for the provision of meals, but does not include premises:(a) licensed to sell liquor, or (b) that detract in any way from the amenity of the adjoining properties or locality in which the premises are situated, or (c) in or on which is exhibited any advertisement relating to the provision of accommodation (other than an advertisement which would fit within a rectangular figure 1.0 metres in length and 0.6 metre in height that is exhibited in or on the premises to indicate that the premises provide bed and breakfast accommodation), or (d) in which more than 3 bedrooms are used for paying guests, or (e) used as a backpackers' hostel, boarding house, serviced apartments, private hotel, hotel or motel.

biodiversity - means the variety of life forms, plants, animals and micro organisms. It is usually considered at three levels:genetic diversity; species diversity; and ecosystem diversity. (See also Ecologically sustainable development)

boarding house - means a dwelling-house which is let in lodgings but does not include a motel, backpackers hostel, serviced apartments or other tourist establishment.

brothel - means premises used habitually for the purposes of prostitution, that is, the engaging in a sexual activity by persons for payment. Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.

building - includes part of a building and any structure or part of a structure.

building height plane - means a plane projected at an angle of 35 degrees over a site commencing at natural ground level along a boundary of a site specified in for the purposes of establishing a building height plane.

bulky goods sales room or showroom - means a building or place used for the sale by retail or auction, or the hire or display, of items (whether goods or materials) which are of such a size, shape or weight as to require:(a) a large area for handling, storage or display, or (b) direct vehicular access to the site of the building or place by members of the public, for the purpose of loading items into or onto their vehicles after purchase, but does not include a building or place used for the sale of foodstuffs, produce or clothing.

bushfire hazard reduction - means a reduction or modification of fuel by burning or by chemical, mechanical or manual means.

bushland - means land on which there is vegetation which is either a remainder of the natural vegetation of the land or, if altered, is still representative of the structure and floristics of the natural vegetation.

business premises - means a building or place in which there is carried on an occupation, profession or trade which provides a service directly and regularly to the public and which does not adversely affect the amenity of the neighbouring occupiers or the locality, but does not include a building or place elsewhere defined.

car parking station - means any land (including a building on that land) open to the public and used for the purpose of accommodating vehicles, whether on payment of a fee or not, but does not include: (a) land (including a building on that land) which is used for parking, being parking that is ancillary to other development on or adjoining that land, or (b) a metered zone, or (c) a metered space.

car repair station - means a building or place used for the purpose of carrying out repairs to motor vehicles, watercraft or caravans.

character - means the expression of qualities which distinguishes one thing from others; for example, by a significant landscape or streetscape feature.

community facility - means a building or place owned or controlled by the Council, any other public authority or an organisation established for community purposes which provides for the physical, social, cultural or intellectual development or welfare of the community, but does not include a building or place elsewhere defined.

compatible use - means a use which involves no change to the culturally significant fabric of a building or work, or changes which are substantially reversible, or changes which make a minimal impact.

complying development - means development that may be carried out with development consent, in the form of a complying development certificate, obtained from either Council or an Accredited Certifier.

conservation - means all the processes of looking after a building or work so as to retain its heritage significance. Conservation includes maintenance, and may according to circumstance include preservation, restoration, reconstruction, and adaptation.

conservation area - means land identified as a Conservation Area in Willoughby Local Environmental Plan 1995. A Conservation Area is an area of heritage significance which has a particular built or landscape character, and/or consistency of development worthy of protection, and includes components such as all buildings and works, relics, trees or places.

conservation plan - means a document which assesses the heritage significance of a heritage item or of a building, work, relic, tree or place within a conservation area and which identifies how that significance is to be retained in its future use and development.

continuous accessible path of travel - means an uninterrupted path of travel to or within the building providing access to all the facilities and amenities normally accessible to building users. This accessible path should not incorporate any steps, humps, stairways, revolving doors, escalators or other impediments, which prevents the path being used by people with disabilities.

convenience store - means a shop selling a variety of small consumer goods and petrol, oil and petroleum products, whether or not other goods are available for hire at the shop.

corporation - means the corporation constituted by section 8 (1) of the Act.

correspondent - means a person or organisation who has made a written submission on an application.

council - means the Council of the City of Willoughby.

county road - means:(a) any existing road indicated by a continuous red line on white between firm black lines, or (b) any proposed road widening indicated by a broken red band between a firm black line and a broken black line. On the maps associated with WLEP 1995.

DA - Development Application

demolition - in relation to: (a) a heritage item or a building, work, relic, tree or place within a heritage conservation area, means the total or partial destruction or dismantling of the heritage item or building, work, relic, tree or place, or (b) any other building, means the total or partial destruction, pulling down, or removal of the building.

designated development - means development as specified under Section 77A of the Environmental Planning and Assessment Act 1979 to be development that is declared to be designated by an environmental planning instrument or regulation.

detached dual occupancy - means a development with 2 dwelling houses proposed to be located on the same allotment of land. This can involve: the erection of a separate dwelling house on a site where there is an existing dwelling; or the erection 2 separate dwellings on a vacant allotment. Detached dwelling houses can be connected by means of a covered walkway, open carport or other non-habitable floor area.

determination - means the granting of consent or refusal of, and issue of a Notice of Determination, of a development application or modification to a development consent.

development - means the erection of any building, the carrying out of any work in, on, over or under the land, the use of the land or building or work thereon and the subdivision of land.

development application - means an application for consent under Part 4 of the Environmental Planning and Assessment Act 1979, to carry out development but does not include an application for a Complying Development Certificate

Development Control Plan - DCP means a document prepared in accordance with the Environmental Planning and Assessment Act 1979 and regulations.

drive-in take-away food shop - means a building or place the principal purpose of which is the provision of food (whether for consumption on the premises or not) and which is dependent on customers who drive onto the premises, but does not include a building or place elsewhere defined.

dual occupancy - means two dwellings only (whether attached or detached) on a single allotment of land.

dwelling - means a room or suite of rooms occupied, used, constructed or adapted so as to be capable of being occupied or used as a separate domicile.

ecologically sustainable development - (ESD) means development that uses, conserves and enhances the community's resources so that ecological processes, on which life depends, are maintained and the total quality of life now and in the future can be increased. (Source: National Strategy for Ecologically Sustainable Development 1992).

energy efficient homes - are homes that through their design, construction and choice of appliances, maximise use of renewable energy sources (such as sunshine), and use less energy more efficiently. They are “smart” because they simultaneously help preserve scarce resources, reduce the level of green house gas emissions, and provide significant savings.

enhance - means to raise to a higher degree, intensify, magnify, to raise the value.

environment - means the conditions and influences under which any species lives or develops (natural, built or social).

environmental planning instrument - means a statutory planning instrument such as a Local Environmental Plan, a State Environmental Planning Policy or Regional Environmental Plan but does not include a Development Control Plan.

EPA Act 1979 - is the Environmental Planning and Assessment Act 1979 (as amended)

EPA Regulations - is the Environmental Planning and Assessment Regulation attached to the Environmental Planning and Assessment Act 1979.

exempt development - means development of a minor nature that may be carried out without the need for a complying development certificate or development consent; that is, without any approval.

fabric - means all the physical material of a building or work.

fence height - means the height of a fence which is determined from the level of the adjacent footpath or, in the case of a dividing fence, determined from the natural ground level of the highest premises.

floor space ratio - (FSR) of a site means the ratio of the total gross floor area of all buildings on the site to the total area of the site zoned for the purpose for which the building or buildings may be erected, exclusive of the area of any access handle.

front fence - means any structure including a gate or wall which is erected forward of the building line and which is used as a dividing barrier between a site and public land or between adjacent premises.

general store - means a shop used for the retail sale of general merchandise and may include post office facilities.

grab rail - a rail used to give a steadying or stabilising assistance to a person engaged in a particular function

gross floor area - (GFA) 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 1400 millimetres above each floor level, excluding: (a) columns, fin walls, sun control devices, awnings and any other elements, projections or works outside the general lines of the outer face of the external wall, and (b) lift towers, cooling towers, machinery and plant rooms, ancillary storage space and air-conditioning ducts, and (c) car parking needed to meet any requirements of the consent authority and any internal designated vehicular or pedestrian access to that parking, and (d) space for the loading and unloading of goods.

habitable room - means a room (other than bathroom, laundry, water closet or the like) that is designed, constructed or adapted for the activities normally associated with domestic living.

hand rail - a rail used in circulation areas such as corridors, passageways, ramps and stairways to assist in continuous movement

hazard - is any area or object within the environment that may place people at risk.

hazardous industry - means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the development from existing or likely future development on other land in the locality), would pose a significant risk in relation to the locality: (a) to human health, life or property, or (b) to the biophysical environment.

hazardous storage establishment - means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on the other land in the locality), would pose a significant risk in relation to the locality: (a) to human health, life or property, or (b) to the biophysical environment.

health care professional - means any person who provides professional health services to members of the public and includes the following: (a) a podiatrist registered under the Podiatrists Act 1989, (b) a chiropractor or osteopath registered under the Chiropractors and Osteopaths Act 1991, (c) a physiotherapist registered under the Physiotherapists Registration Act 1945, (d) an optometrist registered under the Optometrists Act 1930.

height - The height of a building is to be measured as follows: if the relevant instrument/plan specifies a maximum height as a number of storeys, the height of the building is to be measured as the maximum number of storeys that can be intersected by the same vertical line through the building, if the relevant instrument/plan specifies a maximum height in terms of RL, the height of the building is to be measured as the height (in metres) above A.H.D. of the uppermost point of the building (not being a vent, lift tower, chimney or other service installation), if the relevant instrument/plan specifies a maximum height in metres without reference to RL, the height of the building is to be measured as the greatest vertical distance in metres from natural ground level at any point to the uppermost ceiling level or the bottom of the eaves (whichever is the lower) immediately above that point.

heritage item - means a building, work, relic or place identified in WLEP 1995 by being: (a) identified on the Heritage and Conservation Map as: (i) a State or regional heritage item, or (ii) a local heritage item, or (b) listed in Schedule 6 or 7.

heritage significance - means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.

heritage statement - means a document which assesses the heritage significance of a heritage item or of a building, work, relic, tree or place within a conservation area.

home business - means a dwelling-house that is not within 500 metres of land within a business zone and in which an occupation is carried out by the permanent residents of the dwelling-house that does not involve any of the following: (a) employment of more than 2 persons other than the permanent residents, (b) interference in any way with the amenity of adjoining properties or the locality in which the dwelling is situated, (c) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign which would fit within a rectangular figure 1.0 metres in length and 0.6 metres in height and exhibited on that dwelling or land to indicate the name and occupation of the resident), (d) exposure to view from any public place of any matter other than a notice, advertisement or sign complying with paragraph (c), (e) a change in the appearance of the dwelling or the land on which it is erected out of character with that of the adjoining land, (f) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, (g) a courier, taxi, road transport, tow truck or freight delivery operation.

home industry - means an industry carried on in a building (other than a dwelling) situated within the curtilage of a dwelling by the person who occupies the dwelling, being an industry that does not:(a) interfere with the amenity of the locality by reason of the emission of noise, vibration, smell, fumes, vapour, steam, soot, ash, dust, waste water, waste products, grit, oil or otherwise, or (b) involve exposure to view of any unsightly matter from any adjacent premises or from any public place, or (c) require the provision of any essential service main of a greater capacity than that available in the locality, or (d) generate additional traffic of a type and amount that would have a significant adverse impact on the surrounding residential area.

home occupation - means a home occupation carried on in a dwelling by the permanent residents of the dwelling which does not involve: (a) prostitution, or (b) the registration of the building under the Factories, Shops and Industries Act 1962, or (c) the employment of persons other than those residents, or (d) 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 (e) the display of goods, whether in a window or otherwise, or (f) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name and occupation of the resident), or (g) the sale of items (whether goods or materials) or the exposure or offer for sale of items, by retail.

hotel - means premises, licensed under the Liquor Act 1982 to sell liquor, which provide accommodation for guests on a short-term basis without a residential tenancy agreement within the meaning of the Residential Tenancies Act 1987, and may include facilities such as function rooms, restaurant, recreational facilities and ancillary retail uses.

Innisfallen Castle Estate - means the land at Castle Cove identified by heavy black edging on sheet 5 of WLEP 1995.

Integrated Development - Is development where licences/approvals/permits are needed from specified State Government Agencies as well as requiring Council consent. These applications are referred to the relevant state body who will provide Council with terms and conditions for inclusion in any development consent.

interested person - means any person who is likely to be affected, either adversely or beneficially, by a development if it occurs

item of environmental heritage - means any building, work, relic or place identified as a heritage item.

kerb - means a side barrier to a trafficable surface.

kerb ramp - is an inclined accessway with a length not greater than 1520mm and a gradient not steeper than 1 in 8, located within a kerb.

land - includes vacant land and any building or part of a building erected on the land.

landing - a flat or crowned surface with a gradient not steeper than 1 in 40, e.g. a rest area on a ramp, stairway or walkway.

landscape plan - means a plan or document outlining the extent, type and location of proposed landscaping and planting.

landscaped area - means that part of a site which is not occupied by any building and is available for use and enjoyment by the occupants of a building erected on the site. It includes areas used for swimming pools, open-air recreation areas, gardens, lawns, shrubs or trees, but does not include areas used for driveways, parking areas, drying yards, garbage storage areas or public open space.

living areas - means a room used for normal domestic activities excluding non-habitable rooms and bedrooms. This may include for example, lounge room, family room or dining room.

maintenance - means the continuous protective care of the existing detail, fabric, finish or appearance, contents and setting of a building or work.

major alteration and addition - means any alteration or addition where the area of the building (being the subject of the application) equals or exceeds 50% of the floor area of the existing building when measured to the outside surface of the building walls. This includes areas of the existing building such as kitchens and bathrooms when these are included in the works within the application.

managed centre - means a retail centre, entertainment complex or other complex, which provides management, supervision and security to the site.

massing and form - means shape and arrangement of parts.

measured drawing - means a technical or architectural record of the Heritage Item in its existing state.

medical centre - means a building or place used for the purpose of providing professional health services (such as preventative care, diagnosis, medical or surgical treatment, or counselling) where overnight accommodation to patients is generally not provided, but does not include a professional consulting room.

modified foreshore land - means foreshore land: a) on which the natural vegetation structure has been substantially altered or removed; or b) a topography which has been substantially modified by human development such as excavation, retaining walls or similar structures.

motor showroom - means a building or place used for the display or sale of cars, trucks or other motor vehicles and accessories for them.

NatHERS - is a computer simulation tool for rating the thermal performance of houses across Australia. The Energy Management Task Force is responsible for delivering a NatHERS compliance protocol. Any software or paper checklist, which passes under this protocol, is deemed “NatHERS or equivalent”

natural foreshore land - means foreshore land: a) on which the natural vegetation remains or, if altered, is still representative of the structure and floristics of the natural vegetation; or b) a topography which has not been substantially altered by human development.

natural ground level - in relation to land, means the level of the land as if no development had taken place on that land.

neighbouring land - means any land, other than adjoining land, which in the opinion of the Authorised Officer, may be affected by the use of an application site or the erection of a building on an application site (and includes properties in a neighbouring Local Council area).

net floor area - means the floor area of a building after excluding from its gross floor area fixed corridors, foyers, amenities, kitchens, tea rooms and wall thicknesses.

non-renewable energy - means energy derived from finite and fossil fuel sources e.g. coal, gas, oil or timber sourced from remnant native forests

notice - means the written notification letter sent by Council to adjoining and neighbouring land advising of the proposed development and inviting comment on the proposal.

notification area - means the properties to be notified

notification plan - means the plan accompanying the notice of application to erect a building.

nursing home - has the meaning ascribed to it in the National Health Act 1953 of the Commonwealth.

occupier - in relation to a property means any person in lawful occupation of that property and includes a tenant or a boarding house resident.

offensive industry - means a development for the purposes of an industry which, when the development is in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the development from existing or likely future development on other land in the locality), would emit a polluting discharge (including, for example, 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 in the locality.

offensive storage establishment - means any establishment where goods, materials or products are stored which, when in operation and when all measures proposed to reduce or minimise its impact on the locality have been employed (including, for example, measures to isolate the establishment from existing or likely future development on other land in the locality), would emit a pollution discharge (including, for example, 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 in the locality.

office premises - means a building or place used for the purpose of administration, clerical, technical, professional or like activities (except dealing with members of the public on a direct and regular basis or otherwise than by appointment), but does not include a building or place elsewhere defined in this clause.

owner - means: the person or persons who appear on Council's computer rates records to be the owner of the land at the date of notification; in the case of land that is the subject of a strata scheme under the Strata Titles (Freehold Development) Act 1973, or a leasehold strata scheme under the Strata Titles (Leasehold) Act 1986, the Owner's Corporation; in the case of land that is a community, precinct or neighbourhood parcel within the meaning of the Community Land Development Act 1989, the Association for the parcel.

parking space - means an unobstructed area accessible to and, in the opinion of the Council, suitable for the parking of motor vehicles.

passive solar energy systems - are systems, which combine the sun's energy with local climate characteristics, to achieve thermal comfort inside buildings without the use of mechanical devices. In a passive system, the building itself is a solar collector, as well as heat storage and transfer medium.

path of travel - a passageway, walkway, ramp, landing or other space used for circulation

potential archaeological - site means land identified as such a site on the Heritage and Conservation Map or a site the Council considers to have potential archaeological significance.

preservation - means maintaining the fabric of a building or work in its existing state.

professional consulting rooms - means a room or a number of rooms forming not more than 40% of the gross floor area of a dwelling-house and used by not more than one registered medical practitioner or by not more than one dentist within the meaning of the Dentists Act 1989, or by not more than one health care professional, who practises therein his or her profession as a sole practitioner, or in partnership with not more than one other practitioner practising the same profession, and who resides permanently on the premises or whose partner so resides, and who employs or whose partnership employs not more than one employee in connection with that practice.

proportion - means relative dimensions of parts.

public domain - (public place) means a roadway, public reserve, national park, waterway or other open space accessible to the general public.

R- value of Insulation - means the R- value rating given to lightweight materials reflects its thermal resistance i.e. its ability to resist the passage of heat in or out. The higher the R-value the better

ramp - is an inclined accessway with a gradient steeper than 1 in 20 but not steeper than 1 in 14.

reconstruction - means returning a building or work as nearly as possible to a known earlier state and is distinguished by the introduction of materials (old or new) into the fabric.

recreation area - means: (a) a children's playground, or (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 purpose of the physical, cultural or intellectual welfare of persons within the community, or (d) a landscaped area for passive enjoyment, but does not include a racecourse or a showground.

recreation facility - means a building used for indoor recreation, including a table tennis centre, squash court, swimming pool, gymnasium, health studio, bowling alley, 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 building or place elsewhere defined in this clause.

regeneration - means the natural regeneration (by germination of seed present in the soil or by sprouting, for example, from lignotubers) of native species/plant communities whether or not it follows removal of exotic species or other types of disturbances such as fire.

relic - means any deposit, object or material evidence (terrestrial or underwater), relating to the use or settlement of the land to which this plan applies and which is 50 or more years old.

renewable energy - means energy derived from renewable sources eg solar, wind, biomass conversion and hydro.

repair centre - means a building or place used in association with the operation of a waste recycling and management centre or waste depot and at which materials and goods can be retrieved, repaired or refurbished for re-use in the community.

residential flat building - means a building containing two or more dwellings whether attached or detached and includes buildings commonly known as town houses and villa houses.

restaurant - means a building or place the principal purpose of which is the provision of food for consumption on the premises and includes a cafe, bistro or tea room, but does not include a building or place elsewhere defined in this clause.

restoration - means returning the existing fabric of a building or work to a known earlier state by removing accretions or by reassembling existing components without the introduction of new materials.

road - has the same meaning as in the Local Government Act 1993.

RTA - means the Roads and Traffic Authority constituted under the Transport Administration Act 1988

scale - means relative dimensions to ground level, including height, bulk and number of storeys.

serviced apartment - means a building containing two or more dwellings which are cleaned and serviced by the owner or manager of the building or the owner's or manager's agent, and which provides short-term accommodation for travellers or tourists, but does not include a hostel or a building or place elsewhere defined in this clause.

setback - means an area used for the display of goods, merchandise or materials which does not involve the sale of such items whether by retail or auction, but does not include areas elsewhere defined in this clause.

shall - refers to an essential requirement.

should - refers to a desirable requirement.

significant views - means views of Middle Harbour and other waterways, bushland valleys and escarpments, major skylines and important landmarks.

site and context analysis - means the process of identifying and analysing key features of the site and immediate surroundings to assist in understanding how future dwellings will relate to each other and to their locality.

soft landscaped area - means that part of a site which is not occupied by any building, structure or work and which is vegetated with gardens, lawns, shrubs or trees, but does not include any paved area.

solar access - is the term applied to the ability of a solar collector that is part of or situated on a dwelling or lot (including open space and clothes drying area) to capture sunlight and take advantage of that energy to a reasonable level. Hours of solar access available shall be calculated between 9am and 3pm.

solar collectors - means any building element or appliance specifically designed to capture or collect the sun's rays for the benefit of the occupants eg windows including clerestory (or highlight) windows, solar hot water collector panels and photovoltaic (solar-electricity) cells/panels.

special needs housing groups - means residents of the City of Willoughby who are identified as being in housing need in the Willoughby City Housing Policy, being a policy adopted by the Council.

status - in terms of a development application means the following: Determined: a consent or refusal notice has been issued. General Assessment: the application is being assessed by the development officer. Withdrawn: the application has been withdrawn and therefore is no longer valid. On Notification: the application is currently being notified during which time submissions will be received. Stop-the-Clock (STC): insufficient information has been lodged to continue assessing the application. Waiting Additional Information: same as STC.

storey - in relation to a building, means the space between any 2 successive floors, or the space between natural ground level and any floor immediately above that level, or the space between any floor and its ceiling or roof above. Any such space that exceeds 3.5 metres in height is counted as 2 storeys. The following spaces are not to treated as storeys for the purposes of this definition: (a) spaces where the ceiling of that floor or level is less than 1 metre above natural ground level at all points, (b) in the case of an existing building, an attic with a floor area that does not exceed 60% (including lift towers and plant rooms) of the floor area of the level below. Such an attic is excepted only if it does not alter the pitch or profile of the roof of the building except by the inclusion of dormer or similar windows, (c) in the case of a proposed building, an attic with a floor area that will not exceed 60% (including lift towers and plant rooms) of the floor area of the level of the building immediately below. Such an attic is excepted only if it will not result in the pitch or profile of the roof of the building or height of the eaves being inconsistent with the roofs or eave height of surrounding buildings (disregarding the inclusion of dormer or similar windows for the purpose of comparison).

studio - means a residential dwelling including one main room which is used as a bedroom, living room and dining room, with no separate bedrooms, and with a maximum floor area of 55m2.

subdivision - means the division of a parcel of land into parts for the purpose of enabling any of the lots to be disposed of separately in fee simple.

the Council - means the Council of the City of Willoughby

veterinary hospital - means a building or place used for diagnosing illness in or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.

vicinity of a Heritage Item or Conservation Area - means the extent of land, natural environment and/or built environment that has a physical or visual relationship to the Heritage Item or Conservation Area. The objective of control of development in the “ vicinity” of Heritage Items and Conservation Areas is to ensure that new development does not adversely impact upon the heritage significance of other sites.

visually prominent site - means a ridgetop location, escarpments, environmentally sensitive sites on sloping land, elevated corner allotments and any site that has the potential to degrade visual amenity.

walkway - is any accessway with a gradient not steeper than 1 in , a path is an external walkway

warehouse - means a building or place used principally for the storing of goods, or for the storing or handling of goods or material after being produced or manufactured for sale, but not for the retail sale of items to the public from the building or place. It does not include any form of storage establishment elsewhere defined in this clause.

waste recycling and management centre - means a building or place used for the recycling or recovery of resource materials, excluding sludge-like material, from waste materials that would otherwise be acceptable as landfill, and involves separating and sorting, processing (such as baling, crushing, shredding and composting) and sorting, transferring and the sale of recycled or recovered material but does not involve the re-manufacture, chemical manufacture or incineration of the material.

Willoughby Local Housing - means affordable housing provided pursuant to conditions imposed under section 94F of the Act that is rented housing occupied by people from special needs housing groups and provided and managed in accordance with the Willoughby Local Housing Program.

work in relation to Foreshore Building Lines - means clearing (other than for bushfire hazard reduction purposes), excavation or filling of land, but excludes activity such as gardening, planting or the maintenance of landscaped areas.