APPENDIX 2: DEFINITIONS
A consistent series of terms is used through the Design Code. The definition of those elements and entities is listed below.
Adjoining land means any land which abuts the land subject of the development application concerned or which would abut the land if it were not separated from it by a public road.
Advertisement means a sign, notice, device or representation in the nature of an advertisement visible from any public place or public reserve or from any navigable water.
Advertising structure means a structure used or to be used principally for the display of an advertisement.
Amusement centre means a building or place used principally for playing:
(a) billiards, pool or other like games; or
(b) electrically or mechanically operated amusement devices such as pinball machines, video games and the like.
Architectural roof features means minor decorative treatments which do not enclose habitable floor space, such as turrets, spires, cupolas, parapets, gables, finials, flag poles and the like.
Child care centre means a building or place which is used (whether or not for profit) for the purpose of educating, minding or caring for children (whether or not any of the children are related to the owner or operator), but only if the following conditions are satisfied:
a) the children number 6 or more, are under six years of age, and do not attend a government school, or a registered non-government school, within the meaning of the Education Reform Act 1990, and
b) the building or place does not provide residential care for any of the children (other than those related to the owner or operator).
Communication device means a satellite communication dish or similar structure, or television antenna or radio transmission mast or aerial with a maximum dimension of no more than 5 metres.
Community land has the same meaning as in the Local Government Act 1993.
Contractor means each of:
LLD Precinct 2 Pty Limited
Mirvac Precinct 2 Pty Limited
MVIC Finance 2 Pty Limited
Demolish a heritage item or any other building or structure, means to damage, deface, destroy, pull down, or remove it in whole or in part.
Department means the Department of Urban Affairs and Planning constituted under the Environmental Planning and Assessment Act, 1979.
Development has the meaning ascribed to it in section 4 of the Act.
Dwelling means a room or a suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.
Dwelling house means a building capable of containing 1 but not more than 1 dwelling.
Existing height means the height of any building at the date of adoption of this Plan.
Fence means a wall or permeable screen up to 1.2 metres in height to the street or maximum 1.8m dividing.
Floor means that space within a building which is situated between one floor level and the level above or, if there is no floor above, the ceiling or roof above.
Floor space area means the sum of the gross horizontal areas of each floor of the building contained within the inner faces of the outer walls measured at a height of 1.5 metres above the floor, including the space occupied by internal walls, staircases, lobbies, corridors, and toilets, but excluding:
a) the horizontal cross section area of lift shafts and vertical service ducts measured between the wall fasces internal to the lift shaft or duct;
b) any space permanently set aside within the building for underground parking offers tenants’ vehicles, and for the unloading or loading of vehicles, including ramps or other means of access to it;
c) any space for the accommodation of mechanical or electrical plant or equipment servicing the building;
d) any terraces and balconies with walls less than 1.5 metres high;
e) enclosed balconies for residential uses (not exceeding 5% of the floor space of the building, calculated on the basis that they had not been excluded);
f) floor area set aside for communal recreational use within a residential building (not exceeding 5% of the floor space of the building, calculated on the basis that this area had not been excluded);
g) car parking above ground level in a residential building within the first three levels of the building; and
h) underground food or convenience retailing located on one level.
Floor space ratio means the ratio of the floor space area of all buildings on a site to the site area (exclusive of any public road).
Garden wall means a wall or permeable screen up to 2 metres in height to the street when screening private open space.
General store means a shop used for the sale by retail of general merchandise and which may include the facilities of a post office.
Health care professional means a person who provides professional health services to members of the public, and includes:
a) a podiatrist registered under the Podiatrists Registration Act 1989;
b) a chiropractor or osteopath or chiropractor and osteopath registered under the Chiropractors and Osteopaths Act 1991;
c) a physiotherapist registered under the Physiotherapists Registration Act 1945; and
d) an optometrist registered under the Optometrists Act 1930.
Height of a building means the vertical distance measured in metres at the centre of any street frontage from the average ground level of the frontage to the horizontal plane at the top of the building or structure, including plant and lift overruns, but excluding architectural roof features and communication devices. For the purposes of this definition, the average ground level of the frontage is the average of the ground levels at the two ends of the frontage.
If a site has two frontages to two or more streets, the height is not to exceed a plane created by joining the heights calculated from each street frontage. However, if a site does not have a frontage to a street 10 or more metres wide between alignments, the measurement is to be taken from the street (or, if more than one street) to which it has a frontage.
Home occupation means an occupation carried on in a dwelling-house or in a dwelling in a residential flat building by the permanent residents of the dwelling house or dwelling which does not involve:
a) the registration of the building under the Factories, Shops and Industries Act 1962; or
b) the employment of persons other than those residents; or
c) interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products or grit, oil or otherwise; or
d) the display of goods, whether in window or otherwise, or
e) the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling house or dwelling to indicate the name and occupation of the resident); or
f) the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail.
Parking space includes any garage or court available for use by vehicles.
Place of assembly means a public hall, theatre, cinema, music hall, concert hall, dance hall, open-air theatre, drive-in theatre, music bowl or any other building of a like character used as such and whether used for the purpose of gain or not, but does not include a place of public worship, an institution or an educational establishment.
Place of public worship means a church, chapel or other place of public worship or religious instruction or place used for the purpose of religious training.
Professional consulting rooms means a room or a number of rooms forming either the whole of or part of, attached to or within the curtilage of a dwelling-house and used by not more than three legally qualified medical practitioners or by not more than three dentists within the meaning of the Dentists Act, 1934, or by not more than three health care professionals, who practise therein the profession of medicine, dentistry or health care respectively, and if more than one, practise in partnership, and who employ not more than three employees in connection with that practice.
Public car parking means any premises used for accommodating vehicles of members of the public on payment of a fee, but does not include a metered space (within the meaning of part 33 of the Traffic Act 1909)
Public utility undertaking means any of the following undertakings carried on or permitted or suffered to be carried on by or by authority of any Government Department or under the authority of or in pursuance of any Commonwealth or State Act:
a) railway, road transport, water transport, air transport, wharf or river undertakings; or
b) undertakings for the supply of water, hydraulic power, electricity or gas or the provision of sewerage or drainage services;
and a reference to a person carrying on a public utility undertaking shall be construed as including a reference to a council, county council, Government Department, corporation, firm or authority carrying on the undertaking.
Residential development means a building which contains one or more dwellings, and in which the residential component is owner occupied or occupied by a tenant with a residential tenancy agreement under the Residential Tenancies Act 1987.
Residential flat building means a building containing two or more dwellings.
Setback means a building or place the distance from a boundary to a building alignment and does not include terraces, balconies, roof overhangs, pergolas or other building attachments.
Shop means a building or place used for the purposes of selling, exposing or offering for sale by retail, goods, merchandise or materials, but does not include a building or place elsewhere specifically defined in this clause, or a building or place used for a purpose elsewhere specifically defined in this clause.
Site area means the area of land to which an application for consent under the Act relates, excluding therefrom any land upon which the development to which the application relates is not permitted by or under the local environmental plan.
Solar generating works means a building or place used for the purpose of making or generating electricity or other forms of energy.
The Act means the Environmental Planning and Assessment Act 1979.
The Council means the Council of the City of Auburn.
Units for aged persons means a residential flat building used to house aged persons as defined in the Aged or Disabled Persons Homes Act 1954, as amended, of the Parliament of the Commonwealth, erected or to be erected by an eligible organisation as defined in that Act, the Housing Commission of New South Wales or any other Department or instrumentality of the Crown.
Utility installation means a building or work used by a public utility undertaking, but does not include a building designed wholly or principally as administrative or business premises or as a showroom.
Warehouse means a building or place used for the storage of goods, merchandise or materials pending their sale and distribution to persons engaged in the retail trade.
|
