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