Queanbeyan Local Environmental Plan 1998 (Amendment No 25) (2002-214) [GG No 67 of 28.3.2002, p 2105] (NSW)

Case
No judgment structure available for this case.

2002 No 214

Queanbeyan Local Environmental Plan

New South Wales

1998 (Amendment No 25)

under the

Environmental Planning and Assessment Act 1979

I, the Minister for Planning, make the following local environmental plan under the

Environmental Planning and Assessment Act 1979. (Q98/00037/S69)

ANDREW REFSHAUGE, M.P.,

Minister for Planning

Published in Gazette No 67 of 28 March 2002, page 2105

Page 1

[24]

2002 No 214

Clause 1

Queanbeyan Local Environmental Plan 1998 (Amendment No 25)

Queanbeyan Local Environmental Plan 1998

(Amendment No 25)

1     Name of plan

This plan is Queanbeyan Local Environmental Plan 1998 (Amendment

No 25).

2     Aims of plan

This plan aims:

(a)

to update references to Development Control Plan No 49 Exempt and Complying Development in Queanbeyan Local Environmental Plan 1991, Yarrowlumla Local Environmental Plan 1993 and Queanbeyan Local Environmental Plan 1998 following amendments to this development control plan, and

(b)

to insert references to exempt development into the development control tables of Queanbeyan Local Environmental Plan 1991, Yarrowlumla Local Environmental Plan 1993 and Queanbeyan Local Environmental Plan 1998, and

(c)

to alter or repeal certain provisions of Queanbeyan Local Environmental Plan 1998 as these provisions have been inserted into the provisions in Development Control Plan No 49 Exempt and Complying Development for exempt development, and

(d)

to alter or repeal certain provisions of Queanbeyan Local Environmental Plan 1998 as these provisions have become redundant with the gazettal of State Environmental Planning Policy No 64—Advertising and Signage, and

(e)

to insert new provisions which clarify that development consent is not required for certain types of development, and

(f)

toinsertnewdefinitionsintoQueanbeyanLocal Environmental Plan 1991, Yarrowlumla Local Environmental Plan 1993 and Queanbeyan Local Environmental Plan 1998 which define certain types of exempt development, and

(g)

to broaden the types of development that can be complying development.

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2002 No 214

Queanbeyan Local Environmental Plan 1998 (Amendment No 25)

Clause 3

3     Land to which plan applies

This plan applies to all land within the City of Queanbeyan.

4     Amendment of environmental planning instruments

Queanbeyan Local Environmental Plan 1991, Yarrowlumla Local Environmental Plan 1993 and Queanbeyan Local Environmental Plan 1998 are amended as set out in Schedules 1–3 respectively.

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2002 No 214

Queanbeyan Local Environmental Plan 1998 (Amendment No 25)

Schedule 1

Amendment of Queanbeyan Local Environmental Plan 1991

Schedule 1

Amendment of Queanbeyan Local

Environmental Plan 1991

(Clause 4)

[1]     Clause 5 Model Provisions

Insert “home occupation,” after “home industry”.

[2]     Clause 5A Exempt development

Omit “Tables 1 to 5 of Development Control Plan No 49 Exempt and

Complying Development and adopted by the Council on 7 July 1999”.

Insert instead “Tables 1 to 6 of Development Control Plan No 49 Exempt

and Complying Development as adopted by the Council on

19 September 2001”.

[3]     Clause 5B Complying development

Omit clause 5B (1) (b). Insert instead:

(b)

the erection or construction and use of barbecues and associated works (unroofed), cabanas, cubby houses, decks, fern houses, garages, gazebos, greenhouses, patios, pergolas, private playground equipment, swimming pools and workshops ancillary to dwelling-houses on land in Zone No 2 (d), and

[4]     Clause 5B (2) (a)

Omit “Tables 6 to 8 of Development Control Plan No 49 Exempt and

Complying Development as adopted by the Council on 7 July 1999”.

Insert instead “Tables 7 to 9 of Development Control Plan No 49 Exempt

and Complying Development as adopted by the Council on

19 September 2001”.

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2002 No 214

Queanbeyan Local Environmental Plan 1998 (Amendment No 25)

Amendment of Queanbeyan Local Environmental Plan 1991

Schedule 1

[5]     Clause 6 Definitions

Insert in appropriate order in clause 6 (1):

awning means a fixed or retractable canvas or metal roof-like covering to shelter persons or protect parts of a building from the effects of sun or rain, usually erected in front of a window or door, or over a balcony or deck.

balcony means an open or covered elevated horizontal platform attached to the upper floor of a building, projecting from or recessed into the face of the wall, accessible from an adjacent room, and protected by a railing or balustrade.

barbecue means an outdoor facility, located in a backyard or

courtyard, for domestic cooking.

cabana means a covered structure which is often but not

always used as a pool-side shelter or change room or both.

canopy means an ornamental roof-like covering or projection,

which may be for the purpose of providing shade or shelter,

either suspended or supported on brackets, corbels or columns,

over a door, window, niche or balcony.

carport means a roofed, open or semi-enclosed structure for the

sheltering of motor vehicles, attached to, adjacent to, or near a

dwelling-house.

cladding means the outer non-load bearing covering of the

external walls or roof of a framed building or structure, applied

for weather-proofing or decorative purposes or both.

cubby house means a small scale replica of a dwelling-house,

usually of simple construction and located in the backyard or

courtyard, which is used primarily by children for the purposes

of play.

deck means a horizontal platform which may or may not be

roofed and, usually at or slightly above ground level, attached

to, or forming part of, a building.

driveway means a defined area within a property used by

vehicles travelling between a carriageway and a property

adjacent to or near a road.

excavation or filling means works which alter the ground level.

garden shed means a small building, usually of metal or timber

construction, for the storage of garden implements and the like.

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2002 No 214

Queanbeyan Local Environmental Plan 1998 (Amendment No 25)

Schedule 1

Amendment of Queanbeyan Local Environmental Plan 1991

gazebo means a structure, usually roofed, and used for outdoor

activities or entertaining, particularly during warm weather.

greenhouse means a building, usually constructed chiefly of

glass or other transparent material, for the cultivation or

protection of plants that will not survive in outdoor conditions.

patio means a ground level, unroofed paved area, surrounded

by portions of a dwelling or building, and forming part of the

living area.

pergola means an open-roofed framework over a path, terrace

or patio, supported on posts or columns, and sometimes

covered with plants trained over members.

playground equipment means equipment such as swings and

slides, designed primarily for use by children for the purposes

of play.

[6]     Clause 6 (1), definition of “business identification sign”

Omit the definition. Insert instead:

business identification sign means a sign:

(a)

that indicates:

(i)

the name of the person, and

(ii)

the business carried on by the person,

at the premises or place at which the sign is displayed,

and

(b)

that may include the address of the premises or place and a logo or other symbol that identifies the business,

but that does not include any advertising relating to a person

who does not carry on business at the premises or place.

[7]     Clause 6 (1), definition of “home occupation”

Omit the definition. Insert instead:

home occupation means any occupation or pursuit carried out in a room or a number of rooms forming part of, or within the curtilage of, a dwelling-house on an allotment, or in another building for which consent has been granted situated on the same allotment as a dwelling-house, where:

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2002 No 214

Queanbeyan Local Environmental Plan 1998 (Amendment No 25)

Amendment of Queanbeyan Local Environmental Plan 1991

Schedule 1

(a)

only goods made or produced, or services offered, as a result of the occupation or pursuit are displayed, sold or provided, and

(b)

the primary use of the dwelling is residential, and

(c)

the gross floor area where the occupation or pursuit is carried out does not exceed 30 square metres, and

(d)

the occupation or pursuit does not:

(i)

interfere with the amenity of the locality 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

(ii)

involve exposure to view from any public place of any matter, or

(iii)

require the provision of any essential service main of a greater capacity than that available in the locality, or

(iv)

involve the exhibition of an advertising structure and the display of an advertisement on it or an advertisement that is not an advertising structure other than as exempt development, or

(v)

involve a change in the appearance of the dwelling-house, or the land on which the dwelling-house is erected, that is, in the opinion of the Council, out of character with the appearance of the adjoining area, or

(vi)

involve prostitution, and

(e)

any retail sales are ancillary to the occupation or pursuit.

[8]     Clause 6 (1), definition of “utility undertaking”

Omit paragraphs (c) and (d) (where secondly occurring) and paragraphs (e)–(h).

[9]     Clause 7A

Insert after clause 7:

7A

Development that does not require development consent

(1)

A person may carry out the following development on any land

to which this plan applies without development consent:

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2002 No 214

Queanbeyan Local Environmental Plan 1998 (Amendment No 25)

Schedule 1

Amendment of Queanbeyan Local Environmental Plan 1991

(a)

exempt development,

(b)

development of any description specified in Schedule 1 to the Environmental Planning and Assessment Model Provisions 1980,

(c)

use of existing buildings of the Crown by the Crown.

(2) Nothing in this plan affects the requirement for determining authorities to consider the impact on the environment of an activity in accordance with Part 5 of the Environmental Planning and Assessment Act 1979.

[10]     Clause 9 Zone objectives and development control table

Omit item 2 of the matter relating to Zone No 1 (a) from the Table to the

clause.

Insert instead:

2     Without development consent

Development for the purpose of:

Agriculture (other than animal boarding, breeding or training

establishments, pig keeping establishments, feed lots or poultry

farming establishments); stables.

Exempt development.

[11]     Clause 9,Table

Omit item 2 of the matter relating to Zones Nos 1 (c1), 2 (a), 2 (b), 2 (c1),

2 (c2), 2 (d), 2 (d1), 6 (b) and 7 (d).

Insert instead:

2     Without development consent

Exempt development.

[12]     Clause 9,Table

Insert “2 or” after “item” wherever occurring in item 4 of the matter relating to Zones Nos 1 (c1), 2 (d1) and 7 (d).

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Queanbeyan Local Environmental Plan 1998 (Amendment No 25)

Amendment of Queanbeyan Local Environmental Plan 1991

Schedule 1

[13]     Clauses 24B and 25

Omit the clauses. Insert instead:

24B

Advertised development

(1) The following development is identified as advertised

development:

(a)

the demolition of a heritage item or a building, work, relic, tree or place in a heritage conservation area,

(b)

development for the purpose of:

(i)

utility undertakings within Zone No 1 (c1) or 7 (d), or

(ii)

home industries, hospitals, places of public worship or residential flat buildings.

(2)

Subclause (1) (a) does not apply to the partial demolition of a heritage item or of a building or work within a heritage conservation area if, in the opinion of the consent authority, the partial demolition will be of a minor nature and will not adversely affect the heritage significance of the heritage item, building or work in relation to the environmental heritage of the land to which this plan applies.

24C

Notification of demolition to the Heritage Council

Before granting consent for the demolition of a heritage item identified in this plan as being of State significance, the consent authoritymust notify the HeritageCouncil about the application and take into consideration any comments received in response within 28 days after the notice is sent.

[14]     Clause 45 Advertisements not requiring development consent

Omit the clause.

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Queanbeyan Local Environmental Plan 1998 (Amendment No 25)

Schedule 1

Amendment of Queanbeyan Local Environmental Plan 1991

[15]     Clause 46

Omit the clause. Insert instead:

46 Advertising structures and displays requiring development

consent

(1) Notwithstanding any other clause in this plan, development consent is required for the erection of any advertising structure and the display of an advertisement on it, and for the display of an advertisement that is not on an advertising structure, which:

(a)

covers any mechanical ventilation inlet or outlet; or

(b)

is less than 600 millimetres from the kerb or edge of the carriageway of any road.

(2) Nothing in this plan affects State Environmental Planning Policy No 64—Advertising and Signage.

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2002 No 214

Queanbeyan Local Environmental Plan 1998 (Amendment No 25)

Amendment of Yarrowlumla Local Environmental Plan 1993

Schedule 2

Schedule 2

Amendment of Yarrowlumla Local

Environmental Plan 1993

(Clause 4)

[1]     Clause 6 Interpretation

Insert the following definitions in appropriate order in clause 6 (1):

awning means a fixed or retractable canvas or metal roof-like covering to shelter persons or protect parts of a building from the effects of sun or rain, usually erected in front of a window or door, or over a balcony or deck.

balcony means an open or covered elevated horizontal platform attached to the upper floor of a building, projecting or recessed into the face of the wall, accessible from an adjacent room, and protected by a railing or balustrade.

barbecue means an outdoor facility, located in a backyard or

courtyard, for domestic cooking.

cabana means a covered structure which is often but not

always used as a pool side shelter or change room or both.

canopy means an ornamental roof-like covering or projection,

which may be for the purpose of providing shade or shelter,

either suspended or supported on brackets, corbels or columns,

over a door, window, niche or balcony.

carport means a roofed, open or semi-enclosed structure for the

sheltering of motor vehicles, attached to, adjacent to, or near a

dwelling-house.

cladding means the outer non-load bearing covering of

external walls or roof of a framed building or structure, applied

for weather-proofing or decorative purposes or both.

cubby house means a small scale replica of a dwelling-house,

usually of simple construction and located in the backyard or

courtyard, which is used primarily by children for the purposes

of play.

deck means a horizontal platform which may or may not be

roofed and, usually at or slightly above ground level, attached

to, or forming part of, a building.

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2002 No 214

Queanbeyan Local Environmental Plan 1998 (Amendment No 25)

Schedule 2

Amendment of Yarrowlumla Local Environmental Plan 1993

driveway means a defined area within a property used by vehicles travelling between a carriageway and a property adjacent to or near a road.

excavation or filling means works which alter the ground level. garden shed means a small building, usually of metal or timber construction, for the storage of garden implements and the like. gazebo means a structure, usually roofed, and used for outdoor activities or entertaining, particularly during warm weather.

greenhouse means a building, usually constructed chiefly of glass or other transparent material, for the cultivation or protection of plants that will not survive in outdoor conditions. home occupation means any occupation or pursuit carried out in a room or a number of rooms forming part of, or within the curtilage of, a dwelling-house on an allotment, or in another building for which consent has been granted situated on the same allotment as a dwelling-house, where:

(a)

only goods made or produced, or services offered, as a result of the occupation or pursuit are displayed, sold or provided, and

(b)

the primary use of the dwelling is residential, and

(c)

the gross floor area where the occupation or pursuit is carried out does not exceed 30 square metres, and

(d)

the occupation or pursuit does not:

(i)

interfere with the amenity of the locality 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

(ii)

involve exposure to view from any public place of any matter, or

(iii)

require the provision of any essential service main of a greater capacity than that available in the locality, or

(iv)

involve the exhibition of an advertising structure and the display of an advertisement on it or an advertisement that is not an advertising structure other than as exempt development, or

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2002 No 214

Queanbeyan Local Environmental Plan 1998 (Amendment No 25)

Amendment of Yarrowlumla Local Environmental Plan 1993

Schedule 2

(v)        involve a change in the appearance of the dwelling-house, or the land on which the dwelling-house is erected, that is, in the opinion of the Council, out of character with the appearance of the adjoining area, or

(vi)       involve prostitution, and

(e)

any retail sales are ancillary to the occupation or pursuit.

patio means a ground level, unroofed paved area, surrounded by portions of a dwelling or building, and forming part of the living area.

pergola means an open-roofed framework over a path, terrace or patio, supported on posts or columns, and sometimes covered with plants trained over members.

playground equipment means equipment such as swings and slides, designed primarily for use by children for the purposes of play.

[2]     Clause 6A Exempt development

Omit “Tables 1 to 5 of Development Control Plan No 49 Exempt and

Complying Development as adopted by the Council on 7 July 1999”.

Insert instead “Tables 1 to 6 of Development Control Plan No 49 Exempt

and Complying Development as adopted by the Council on

19 September 2001”.

[3]     Clause 6B Complying development

Omit clause 6B (1) (b). Insert instead:

(b)

the erection or construction and use of barbecues and associated works (unroofed), cabanas, cubby houses, decks, fern houses, garages, gazebos, greenhouses, patios, pergolas, private playground equipment, swimming pools and workshops ancillary to dwelling-houses in Zone No 1 (a) or 1 (d), and

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2002 No 214

Queanbeyan Local Environmental Plan 1998 (Amendment No 25)

Schedule 2

Amendment of Yarrowlumla Local Environmental Plan 1993

[4]     Clause 6B (2) (a)

Omit “Tables 6 to 8 of Development Control Plan No 49 Exempt and

Complying Development as adopted by the Council on 7 July 1999”.

Insert instead “Tables 7 to 9 of Development Control Plan No 49 Exempt

and Complying Development as adopted by the Council on

19 September 2001”.

[5]     Clause 7 Adoption of 1980 Model Provisions

Insert “home occupation,” after “general store,”.

[6]     Clause 8A

Insert after clause 8:

8A

Development that does not require development consent

(1)

A person may carry out the following development on any land

to which this plan applies without development consent:

(a)

exempt development,

(b)

development of any description specified in Schedule 1 to the Environmental Planning and Assessment Model Provisions 1980,

(c)

use of existing buildings of the Crown by the Crown.

(2) Nothing in this plan affects the requirement for determining authorities to consider the impact on the environment of an activity in accordance with Part 5 of the Environmental Planning and Assessment Act 1979.

[7]     Clause 10 Zone objectives and development control table

Omit item 2 of the matter relating to Zone No 1 (a) from the Table to the clause. Insert instead:

2     Without development consent

Development for the purpose of:

Agriculture (other than animal boarding establishments, animal

breeding or training establishments or intensive livestock

keeping establishments); forestry; tree farming.

Exempt development.

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Queanbeyan Local Environmental Plan 1998 (Amendment No 25)

Amendment of Yarrowlumla Local Environmental Plan 1993

Schedule 2

[8]     Clause 10, Table

Omit item 2 of the matter relating to Zone No 1 (d). Insert instead:

2     Without development consent

Development for the purpose of:

Agriculture (other than intensive livestock keeping

establishments); home occupations; tree farming.

Exempt development.

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2002 No 214

Queanbeyan Local Environmental Plan 1998 (Amendment No 25)

Schedule 3

Amendment of Queanbeyan Local Environmental Plan 1998

Schedule 3

Amendment of Queanbeyan Local

Environmental Plan 1998

(Clause 4)

[1]     Clause 6A

Insert after clause 6:

6A

Development that does not require development consent

(1)

A person may carry out the following development on any land

to which this plan applies without development consent:

(a)

exempt development,

(b)

development of any description specified in Schedule 1 to the Environmental Planning and Assessment Model Provisions 1980,

(c)

use of existing buildings of the Crown by the Crown.

(2) Nothing in this plan affects the requirement for determining authorities to consider the impact on the environment of an activity in accordance with Part 5 of the Environmental Planning and Assessment Act 1979.

[2]     Clause 7A Exempt development

Omit “Tables 1 to 5 of Development Control Plan No 49 Exempt and

Complying Development as adopted by the Council on 7 July 1999”.

Instead insert “Tables 1 to 6 of Development Control Plan No 49 Exempt

and Complying Development as adopted by the Council on

19 September 2001”.

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Queanbeyan Local Environmental Plan 1998 (Amendment No 25)

Amendment of Queanbeyan Local Environmental Plan 1998

Schedule 3

[3]     Clause 7B Complying development

Omit clause 7B (1) (b). Insert instead:

(b)

the erection or construction and use of barbecues and associated works (unroofed), cabanas, cubby houses, decks, fern houses, garages, gazebos, greenhouses, patios, pergolas, private playground equipment, swimming pools and workshops ancillary to dwelling-houses in Zones Nos 2 (a), 2 (b), 2 (c) and 2 (d), and

[4]     Clause 7B (2) (a)

Omit “Tables 6 to 8 of Development Control Plan No 49 Exempt and

Complying Development as adopted by the Council on 7 July 1999”.

Insert instead “‘Tables 7 to 9 of Development Control Plan No 49 Exempt

and Complying Development as adopted by the Council on

19 September 2001”.

[5]     Clause 9 Temporary use of land

Omit the clause.

[6]     Clauses 14, 15, 16, 19, 20, 21, 22, 27, 28, 29, 34, 35, 40, 42, 43, 44, 45, 48 and 49

Omit subclause (2) from each clause. Insert instead:

(2)

Development allowed without development consent

Exempt development.

[7]     Clauses 14, 15, and 16

Insert “(2) or” after “subclause” wherever occurring in subclause (4).

[8]     Clauses 27, 28, 29 and 35

Insert “(2) or” after “subclause” wherever occurring in subclause (3).

[9]     Clause 34 General development controls—Zone 4 (a) Industrial A

Insert “not included in subclause (2)” after “development” in clause 34 (3).

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Queanbeyan Local Environmental Plan 1998 (Amendment No 25)

Schedule 3

Amendment of Queanbeyan Local Environmental Plan 1998

[10]     Clause 41 Use of schools, tertiary Institutions and other community facilities for community purposes

Omit the clause.

[11]    Clause50Advertisingstructuresanddisplaysnotrequiring development consent

Omit the clause.

[12]     Clause 51

Omit the clause. Insert instead:

51 Advertising structures and displays requiring development

consent

(1) Regardless of any other clause in this plan, development consent is required for the erection of any advertising structure and the display of an advertisement on it, and for the display of an advertisement that is not on an advertising structure, which:

(a)

covers any mechanical ventilation inlet or outlet; or

(b)

is less than 600 millimetres from the kerb or edge of the carriageway of any road.

(2) Nothing in this plan affects State Environmental Planning Policy No 64—Advertising and Signage.

[13]     Clause 57 Development of heritage items or development within a heritage conservation area requiring development consent

Omit “within a heritage conservation area” from paragraph (c).

[14]     Clause 59 Development of heritage items or development within a heritage conservation area not requiring development consent

Omit the clause.

[15]     Clause 75 Clearing, excavation or filling

Omit the clause.

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Queanbeyan Local Environmental Plan 1998 (Amendment No 25)

Amendment of Queanbeyan Local Environmental Plan 1998

Schedule 3

[16]     Schedule 1 Dictionary

Insert in appropriate order:

awning means a fixed or retractable canvas or metal roof-like covering to shelter persons or protect parts of a building from the effects of sun or rain, usually erected in front of a window or door, or over a balcony or deck.

balcony means an open or covered elevated horizontal platform attached to the upper floor of a building, projecting or recessed into the face of the wall, accessible from an adjacent room, and protected by a railing or balustrade.

barbecue means an outdoor facility, located in a backyard or

courtyard, for domestic cooking.

cabana means a covered structure which is often but not

always used as a pool side shelter or change room or both.

canopy means an ornamental roof-like covering or projection,

which may be for the purpose of providing shade or shelter,

either suspended or supported on brackets, corbels or columns,

over a door, window, niche or balcony.

carport means a roofed, open or semi-enclosed structure for the

sheltering of motor vehicles, attached to, adjacent to, or near a

dwelling-house.

cladding means the outer non-load bearing covering of

external walls or roof of a framed building or structure, applied

for weather-proofing or decorative purposes or both.

cubby house means a small scale replica of a dwelling-house,

usually of simple construction and located in the backyard or

courtyard, which is used primarily by children for the purposes

of play.

deck means a horizontal platform which may or may not be

roofed and, usually at or slightly above ground level, attached

to, or forming part of, a building.

driveway means a defined area within a property used by

vehicles travelling between a carriageway and a property

adjacent to or near a road.

garden shed means a small building, usually of metal or timber

construction, for the storage of garden implements and the like.

Page 19

2002 No 214

Queanbeyan Local Environmental Plan 1998 (Amendment No 25)

Schedule 3

Amendment of Queanbeyan Local Environmental Plan 1998

gazebo means a structure, usually roofed, and used for outdoor

activities or entertaining, particularly during warm weather.

greenhouse means a building, usually constructed chiefly of

glass or other transparent material, for the cultivation or

protection of plants that will not survive in outdoor conditions.

home occupation means any occupation or pursuit carried out

in a room or a number of rooms forming part of, or within the

curtilage of, a dwelling-house on an allotment, or in another

building for which consent has been granted situated on the

same allotment as a dwelling-house, where:

(a)

only goods made or produced, or services offered, as a result of the occupation or pursuit are displayed, sold or provided, and

(b)

the primary use of the dwelling is residential, and

(c)

the gross floor area where the occupation or pursuit is carried out does not exceed 30 square metres, and

(d)

the occupation or pursuit does not:

(i)

interfere with the amenity of the locality 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

(ii)

involve exposure to view from any public place of any matter, or

(iii)

require the provision of any essential service main of a greater capacity than that available in the locality, or

(iv)

involve the exhibition of an advertising structure and the display of an advertisement on it or an advertisement that is not an advertising structure other than as exempt development, or

(v)

involve a change in the appearance of the dwelling-house, or the land on which the dwelling-house is erected, that is, in the opinion of the Council, out of character with the appearance of the adjoining area, or

(vi)

involve prostitution, and

(e)

any retail sales are ancillary to the occupation or pursuit.

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Queanbeyan Local Environmental Plan 1998 (Amendment No 25)

Amendment of Queanbeyan Local Environmental Plan 1998

Schedule 3

patio means a ground level, unroofed paved area, surrounded by portions of a dwelling or building, and forming part of the living area.

pergola means an open-roofed framework over a path, terrace or patio, supported on posts or columns, and sometimes covered with plants trained over members.

playground equipment means equipment such as swings and slides, designed primarily for use by children for the purposes of play.

[17]     Schedule 1, definition of “business identification sign”

Omit the definition. Insert instead:

business identification sign means a sign:

(a)

that indicates:

(i)

the name of the person, and

(ii)

the business carried on by the person,

at the premises or place at which the sign is displayed,

and

(b)

that may include the address of the premises or place and a logo or other symbol that identifies the business,

but that does not include any advertising relating to a person

who does not carry on business at the premises or place.

[18]     Schedule 1, definition of “excavation” or “filling”

Omit the definition. Insert instead:

excavation or filling means works which alter the ground

level.

BY AUTHORITY

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