Schedule 3Complying
development
(Clause 24)
Use
Requirement
Outcomes
Houses
and extensions
•
detached single-storey
dwellings
on lots
over 450 and less than 1,000 square metres
Part
A
•
single-storey alterations and additions to
detached single-storey dwellings
•
carports and garages associated with detached
single-storey dwellings
•
development ancillary or incidental to detached
single-storey dwellings
•
detached dwellings
on lots
1,000 square metres or more but less than 2,500 square metres
Part
B
•
alterations and additions to detached
dwellings
•
carports and garages associated with detached
dwellings
•
development ancillary or incidental to detached
dwellings
•
detached dwellings
on lots
2,500 square metres or more
Part
C
•
alterations and additions to detached
dwellings
•
carports and garages associated with detached
dwellings
•
development ancillary or incidental to detached
dwellings
Swimming
pools
ancillary
to a dwelling for private use only and on lots over 450 square
metres
Part
D
Industrial uses
•
a change of use from one type of [approved]
industrial, high technology, storage or research activities to another type of
industrial, high technology, storage or research
activities
Part
E
•
an alteration to [approved] industrial high
technology, storage or research activities
Commercial uses
internal alterations
existing
approved use
Part
F
Bed and
breakfast accommodation
in an
existing approved dwelling, with permanent resident(s)
Part
G
Subdivision for the purpose of:
•
widening a public road
•
adjusting a boundary between lots (that does not
result in an increased number of lots)
•
correcting an encroachment on a
lot
•
consolidating lots
Part A
Streetscape
Any part of the structure:
(a)
complies with a building line provided in an
environmental planning instrument or development control plan applying to the
land, or
(b)
is set back at least 4 metres from the front
boundary or an average of the setback of the like structures on land either
side of the subject property, whichever is the
greater.
Dwellings facing public streets and accessways
have a front door or window to a habitable room facing the
street.
Carports and garages facing a public street or
accessway are no more than 6 metres or 50 percent of the frontage wide,
whichever is the lesser.
Energy
efficiency
The dwelling has at least a 3.5 star rating under
the House Energy Rating Scheme (NatHERS).
Bulk and
scale
The ground floor level of the structure at any
point is no more than 500 mm above natural ground level.
The distance between the floor level and the
underside of the eaves is no more than 2.7 metres.
The roof pitch is no more than 24 degrees and any
openings are flush with the roof pitch.
The next door property’s main area of
private open space or any habitable rooms are not in shadow between 10 am and
3 pm on 21 June, as a result of the development.
The external wall of any structure is at least
900 mm from a side or rear boundary.
Privacy and
security
Windows in a habitable room that allow an outlook
to a window to a habitable room in the neighbour’s house and are within
9 metres:
(a)
are offset from the edge of one window to the
edge of the other by a distance of 0.5 metres, or
(b)
have sill heights of 1.7 metres above floor
level, or
(c)
have fixed obscure glazing in any part of the
window below 1.7 m above floor level.
Open space and
landscaping
A minimum of 20 percent of the site must be soft
landscaped, that is, not hard surfaces.
No more than one-third of the front setback area
is paved or sealed.
Part B
Streetscape
Any part of the structure:
(a)
complies with a building line provided in an
environmental planning instrument or development control plan applying to the
land, or
(b)
is set back at least 4 metres from the front
boundary or an average of the setback of the like structures on land either
side of the subject property, whichever is the
greater.
Dwellings facing public streets and access ways
have a front door or window to a habitable room facing the
street.
Carports and garages facing a public street or
access way are no more than 6 metres or 50 percent of the frontage wide,
whichever is the lesser.
Energy
efficiency
The dwelling has at least a 3.5 star rating under
the House Energy Rating Scheme (NatHERS).
Bulk and
scale
The ground floor level of the structure at any
point is no more than 500 mm above natural ground level.
The distance between the floor level and the
underside of the eaves is no more than 2.7 metres for a single storey house
and 5.5 metres for a two-storey house.
The roof pitch is no more than 24 degrees and any
openings are flush with the roof pitch.
The next door property’s principal area of
ground level private open space or habitable rooms are not in shadow between
10 am and 3 pm on 21 June as a result of the development.
The external wall of any structure is at least
900 mm from a side or rear boundary.
Privacy and
security
Windows in a habitable room that allow an outlook
to a window to a habitable room in the neighbour’s house and are within
9 metres:
(a)
are offset from the edge of one window to the
edge of the other by a distance of 0.5 metres, or
(b)
have sill heights of 1.7 metres above floor
level, or
(c)
have fixed obscure glazing in any part of the
window below 1.7 metres above floor level.
Open space and
landscaping
A minimum of 50 percent of the site must be soft
landscaped, that is, not hard surfaces.
Part C
Streetscape
Any part of the structure:
(a)
complies with a building line set in an
environmental planning instrument or development control plan applying to the
land, or
(b)
is at least 20 metres from the front boundary or
an average of the setback of the like structures on land either side of the
subject property, whichever is the greater.
Energy
efficiency
The dwelling has at least a 3.5 star rating under
the House Energy Rating Scheme (NatHERS).
Bulk and
scale
All structures are within a building envelope of
no more than 500 square metres. The building envelope can be made up of a
number of smaller envelopes that in total are no more than 500 square
metres.
The ground floor level of the structure at any
point is no more than 500 mm above natural ground level.
The maximum distance between the floor level and
the underside of the eaves is no more than 2.7 metres for a single-storey
house and 5.5 metres for a two-storey house.
The maximum roof pitch is 24 degrees. Roof
openings are flush with the roof pitch.
The external wall of any structure is at least 20
metres from a rear or side boundary.
Open space and
landscaping
A minimum of 50 percent of the site must be soft
landscaped, that is, not hard surfaces.
Part D
Streetscape
The pool is not between the dwelling and the
front boundary.
Bulk and
scale
All coping or decking around the pool is no more
than 500 mm above the natural ground level.
The pool is at least 1.5 metres from the side and
rear boundaries.
Privacy and
security
The noise level of any filtration equipment or
pumps does not exceed 5 dBA above the ambient background level measured at the
property boundary.
Open space and
landscaping
A minimum of 20 percent of the site must be soft
landscaped, that is, not hard surfaces.
Swimming Pools Act
1992
All aspects of the structure comply with the
Swimming Pools Act 1992, the Swimming Pools Regulation 1998 and
Australian Standard 1926.
Part E
Setbacks
Any part of the structure is at least 5 metres
from a road boundary
Floor space
ratio
The floor space ratio of the building or
buildings is not more than 1:1.
Building
height
The height of any walls is not more than 7.2
metres, excluding a parapet.
Parapets may extend a minimum of 1.2 metres above
the intersection of the wall and the roof.
A roof pitch is of no more than 10
degrees.
The site is not cut and filled greater than 500
mm.
Drainage
All roof and surface water is drained to the
street and discharged to council’s nearest stormwater drainage system
into the street.
The drainage system is designed for a 10 year
return period, with excess flows designed to flow overland into the
street.
Garbage and storage
areas
Garbage and storage areas are on-site and behind
the building line of the property.
Landscaping
A landscaped strip of at least 3 metres to each
street frontage is planted with canopy trees and shrubs with a maximum width
of 7 metres for the driveway.
Car parking, loading,
unloading
Parking on site is provided for at least 1 space
for each 70 square metres of gross floor area, or 1 space for every 2
employees, whichever is the greater.
There is space for loading and unloading within
the site.
Driveways
Driveway widths and the turning circles on site
comply with the Roads and Traffic Authority standards.
Part F
Internal fitouts to existing shops, offices or
commercial premises, if the work does not increase the total floor area of the
building.
If the new use is a food shop, it must comply
with the Food Act 1989 and
any council code for food premises.
Part G
The accommodation:
(a)
has no more than 3 guest rooms and 6 guests at
any one time, and
(b)
has only one external sign, up to 0.6 square
metres in area, and
(c)
complies with the Food Act
1989 and Food (General) Regulation
1992, and
(d)
has a smoke detection system that complies with
Australian Standard 3786 and Australian Standard 3000, and
(e)
has a fire extinguisher and fire blanket in the
kitchen.
Complying development
conditions
1.
The development must be carried out in accordance
with the complying development certificate.
Before work
begins
2.
Two days before any site works, building or
demolition begins, the applicant must:
(a)
forward Form 7 under the Environmental
Planning and Assessment Regulation 1994 to the council
(notice of commencement of work and appointment of Principal Certifying
Authority), and
(b)
notify the adjoining owners that work will
commence.
3.
Before any site works, building or demolition
begins, the applicant or builder must:
(a)
notify the council of the name, address, phone
number and licence number of the builder, and
(b)
erect a sign at the front of the property with
the builder’s name, licence number, site address and consent number,
and
(c)
provide a temporary on-site toilet,
and
(d)
protect and support any neighbouring buildings,
and
(e)
protect any public place from obstruction or
inconvenience in the carrying out of the development, and
(f)
prevent any substance from falling onto a public
place, and
(g)
follow any other conditions prescribed in the
Environmental Planning and Assessment Regulation
1994.
Site
management
4.
Install run-off and erosion controls to prevent
soil erosion, water pollution or the discharge of loose sediment on
surrounding land, as follows:
(a)
divert uncontaminated run-off around cleared or
disturbed areas, and
(b)
erect a silt fence to prevent debris escaping
into drainage systems or waterways, and
(c)
prevent tracking of sediment by vehicles onto
roads, and
(d)
stockpile top soil, excavated material,
construction and landscaping supplies and debris within the
site.
5.
Removal or disturbance of vegetation and top soil
must be confined to within 3 metres of the approved building
area.
Drainage
6.
The land surrounding any structure must be graded
to divert surface water to the street, and clear of existing and proposed
structures and adjoining premises.
7.
Where the water falls to the rear of the
property, it must be collected and drained via a gravity system to a council
stormwater line or disposed of in a manner consistent with a Soil and Water
Management Policy.
Inspections during
construction
8.
Notify either the council or an accredited
certifier in advance—48 hours in writing or 24 hours by phone—to
inspect the following:
(a)
erosion controls, site works and site set out,
before building starts,
(b)
placement of piers or foundation before placing
footings,
(c)
steel reinforcing before pouring
concrete,
(d)
framework of structure before lining or cladding
is fixed,
(e)
stormwater drainage and on-site detention before
backfilling,
(f)
wet areas treated before lining or
tiling.
Hours of
works
9.
Any building work must be carried out only
between 7.00 am and 6.00 pm, Monday to Friday and 8.00 am to 5.00 pm
Saturdays, excluding public holidays.
Survey
certificate
10.
The following survey certificate must be given to
the principal certifying authority, at the following stages:
(a)
on completion of floor slab framework before
concrete is poured, detailing the location of the structure to the
boundaries,
(b)
at completion of the lowest floor, confirming
that levels are in accordance with the approval—levels must relate to
the datum approved under the complying development
certificate.
Fire
safety
11.
The fire safety measures in the fire safety
schedule attached to the complying development certificate are to be installed
in the building the subject of the complying development certificate. (This
condition does not apply to Class 1 and Class 10
buildings.)
Site
access
12.
Where kerb and gutter is provided, driveways are
to be a minimum of 500 mm clear of all drainage structures on the kerb and
gutter and are not to interfere with the existing public utility
infrastructure, including council drainage structures, unless prior approval
is obtained from the relevant authority.
13.
Where kerb and gutter is not provided:
(a)
a gravel vehicular entrance incorporating a 375
diameter stormwater pipe and concrete headwalls, or
(b)
a 6 metre by 6 metre concrete slab dish
drain,
must be constructed to provide access to the
lot.
14.
Driveways are to be a minimum of 6 metres from a
road intersection.
15.
Driveways are to be constructed in accordance
with Australian Standard 2890, with appropriate transition
zones.
Notes:
The building must not be occupied or used until
an occupation certificate is issued either by the council or an accredited
certifier.
The complying development certificate must be
issued in the name of the council or the accredited certifier with an
accreditation number.