State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

Part 1 General

Division 1 Preliminary

1.1 Name of Policy

This Policy is State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

1.2 Commencement

This Policy commences on 27 February 2009.

1.3 Aims of Policy

This Policy aims to provide streamlined assessment processes for development that complies with specified development standards by:

(a)  providing exempt and complying development codes that have State-wide application, and

(b)  identifying, in the General Exempt Development Code, types of development that are of minimal environmental impact that may be carried out without the need for development consent, and

(c)  identifying, in the complying development codes, types of complying development that may be carried out in accordance with a complying development certificate as defined in the Act, and

(d)  enabling the progressive extension of the types of development in this Policy, and

(e)  providing transitional arrangements for the introduction of the State-wide codes, including the amendment of other environmental planning instruments.

cl 1.3: Am 2010 (135), Sch 1 [1] [2].

1.4 Land to which Policy applies

(1)  This Policy applies to the State, except as provided by this clause.

(2)  This Policy does not apply to land to which:

(a)  State Environmental Planning Policy (Kosciuszko National Park—Alpine Resorts) 2007 applies, and

(b)  Warringah Local Environmental Plan 2000 applies, and

(c)  Bathurst Regional (Interim) Local Environmental Plan 2005 applies.

(3)  Also, this Policy does not apply to land to which State Environmental Planning Policy (Western Sydney Parklands) 2009 applies.

(4)  Despite any other provision of this clause, this Policy applies to land in so far as development referred to in clause 2.83 is carried out on that land.

cl 1.4: Am 2009 (74), Sch 1 [1]; 2009 (91), Sch 3.11; 2009 (387), Sch 1 [1]; 2010 (244), Sch 1 [1].

1.4A Development to which this Policy does not apply

This Policy does not apply to the following development on land to which Orana Regional Environmental Plan No 1—Siding Spring applies:

(a)  development that is a skylight or roof window,

(b)  development that would otherwise be exempt development under this Policy on land that is within 18km of the land owned by the Australian National University at Siding Spring,

(c)  development that would otherwise be complying development under this Policy.

cl 1.4A: Ins 2009 (74), Sch 1 [2].

1.5 Interpretation—general

(1)  In this Policy:

Acid Sulfate Soils Map means a map in an environmental planning instrument that identifies land containing acid sulfate soil.

alternative solution has the same meaning as in the Building Code of Australia.

Note—

The term is defined as follows:

alternative solution means a building solution which complies with the performance requirements other than by reason of satisfying the deemed-to-satisfy provisions (where each of those terms is also defined in that document).

ancillary development means any of the following that are not exempt development under this Policy:

(a)  access ramp,

(b)  awning, blind or canopy,

(c)  balcony, deck, patio, pergola, terrace or verandah that is attached to a dwelling house,

(d)  carport that is attached to a dwelling house,

(e)  driveway, pathway or paving,

(f)  fence or screen,

(g)  garage that is attached to a dwelling house,

(h)  outbuilding,

(i)  rainwater tank that is attached to a dwelling house,

(j)  retaining wall,

(k)  swimming pool or spa pool and child-resistant barrier.

ANEF contour, for an airport, means a noise exposure contour shown as an ANEF contour on any Noise Exposure Forecast Contour Map for that airport prepared by the Department of the Commonwealth responsible for airports.

articulation zone means an area within a lot within which building elements are or may be located, that consists of that part of the setback area from a primary road that is measured horizontally for a distance of 1.5m from:

(a)  the foremost edge of the building line, or

(b)  a gable or roof parapet having a surface area of more than 10m².

attached, in relation to a building or structure that is complying development, means not more than 900mm from another building or structure.

battle-axe lot means a lot that has access to a road by an access laneway.

building element has the meaning set out in the code in which it is used.

building height (or height of building), at any point of a building, means the vertical distance between that point at ground level (existing) and the highest point of the building immediately above that point, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.

building line means the line of an existing or proposed external wall or roof edge of a building (other than a wall or roof of any building element within an articulation zone), or the outside face of any existing or proposed ancillary development, closest to a boundary of a lot.

class, in relation to a building or part of a building, has the same meaning as in the Environmental Planning and Assessment Regulation 2000.

commercial premises means business premises, office premises or retail premises.

community consultation means:

(a)  consultation with the community under section 57 of the Act, or

(b)  public exhibition under section 66 of the Act, as in force on 30 June 2009.

complying development code means any of the following codes:

(a)  the General Housing Code,

(b)  the Housing Internal Alterations Code,

(c)  the General Commercial and Industrial Code,

(d)  the Subdivisions Code.

council means the council of a local government area and, in relation to a particular development, means the council of the local government area in which the development will be carried out.

detached, in relation to a building or structure that is complying development, means more than 900mm from another building or structure.

draft heritage conservation area means an area of land identified as a heritage conservation area or place of Aboriginal heritage significance in a local environmental plan that has been subject to community consultation, other than an area that was consulted on before 1 March 2006, but has not been included in a plan before 27 February 2009.

draft heritage item means a building, work, archeological site, tree, place or aboriginal object identified as a heritage item in a local environmental plan that has been subject to community consultation, other than an item that was consulted on before 1 March 2006, but has not been included in a plan before 27 February 2009.

dwelling house means a building containing only one dwelling, but does not include any part of the building that is ancillary development or exempt development under this Policy.

environmentally sensitive area means any of the following:

(a)  the coastal waters of the State,

(b)  a coastal lake,

(c)  land to which State Environmental Planning Policy No 14—Coastal Wetlands or State Environmental Planning Policy No 26—Littoral Rainforests applies,

(d)  land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997,

(e)  land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,

(f)  land within 100m of land to which paragraph (c), (d) or (e) applies,

(g)  land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,

(h)  land reserved under the National Parks and Wildlife Act 1974 or land to which Part 11 of that Act applies,

(i)  land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,

(j)  land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994.

excluded land identified by an environmental planning instrument means land identified by an environmental planning instrument as being any of the following:

(a)  within a buffer area,

(b)  a coastal erosion hazard,

(c)  a difficult site,

(d)  within an ecologically sensitive area,

(e)  environmentally sensitive land,

(f)  within a foreshore scenic protection area,

(g)  within a protected area,

(h)  within a scenic area,

(i)  within a scenic preservation area,

(j)  within a scenic protection area,

(k)  within a special area.

exempt development code means a code for exempt development set out in Part 2.

flood control lot means a lot to which flood related development controls apply in respect of development for the purposes of dwelling houses, dual occupancies, multi dwelling housing or residential flat buildings (other than development for the purposes of group homes or seniors housing).

Note—

This information is a prescribed matter for the purpose of a certificate under section 149 (2) of the Act.

foreshore area means the land between a foreshore building line and the mean high water mark of an adjacent waterbody (natural).

foreshore building line means the foreshore building line identified by:

(a)  a development control plan adopted before 12 December 2008, or

(b)  an environmental planning instrument.

General Commercial and Industrial Code means the code for complying development set out in Part 5.

General Exempt Development Code means the code for exempt development set out in Division 1 of Part 2.

General Housing Code means the code for complying development set out in Part 3.

habitable room has the same meaning as in the Building Code of Australia.

Note—

The term is defined as a room used for normal domestic activities, other than a bathroom, laundry, toilet, pantry, walk in wardrobe, hallway, lobby, clothes drying room or other space of a specialised nature that is not occupied frequently or for extended periods.

hard stand space means an area of concrete, paving or other hard material at ground level designed solely for parking a motor vehicle.

heritage conservation area means an area of land identified as a heritage conservation area or a place of Aboriginal heritage significance, including any heritage items situated on or within that area, in an environmental planning instrument.

heritage item means a building, work, archaeological site, tree, place or Aboriginal object identified as a heritage item in an environmental planning instrument.

Housing Internal Alterations Code means the code for complying development set out in Part 4.

outbuilding means any of the following:

(a)  balcony, deck, patio, pergola, terrace or verandah that is detached from a dwelling house,

(b)  cabana, cubby house, fernery, garden shed, gazebo or greenhouse,

(c)  carport that is detached from a dwelling house,

(d)  farm building,

(e)  garage that is detached from a dwelling house,

(f)  rainwater tank (above ground) that is detached from a dwelling house,

(g)  shade structure that is detached from a dwelling house,

(h)  shed.

parallel road means, in the case of a lot that has boundaries with parallel roads, the road that is not the primary road.

primary road means the road to which the front of a dwelling house, or a main building, on a lot faces or is proposed to face.

professional engineer has the same meaning as in the Building Code of Australia.

Note—

The term is defined as a person who is:

(a)  if legislation is applicable—a registered professional engineer in the relevant discipline who has appropriate experience and competence in the relevant field, or

(b)  if legislation is not applicable:

(i)  a Corporate Member of the Institution of Engineers, Australia, or

(ii)  eligible to become a Corporate Member of the Institution of Engineers, Australia, and has appropriate experience and competence in the relevant field.

secondary road means, in the case of a corner lot that has boundaries with adjacent roads, the road that is not the primary road.

setback means the horizontal distance between the relevant boundary of the lot and the building line.

setback area means the area between the building line and the relevant boundary of the lot.

Standard Instrument means the standard local environmental planning instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006.

storey, means a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include the following:

(a)  an attic,

(b)  a basement,

(c)  a lift shaft,

(d)  a mezzanine,

(e)  a stairway.

Note—

The determination of the number of storeys a building contains is as set out in State Environmental Planning Policy No 6—Number of Storeys in a Building.

Subdivisions Code means the code for complying development set out in Part 6.

the Act means the Environmental Planning and Assessment Act 1979.

(2)  A word or expression used in this Policy has the same meaning as it has in the Standard Instrument unless it is otherwise defined in this Policy.

(3)  A reference in this Policy to a code is a reference to a code set out in a Part of this Policy.

(4)  A reference in this Policy to a type of building or other thing is a reference to development for the purposes of that type of building or other thing.

(5)  Notes included in this Policy do not form part of this Policy.

cl 1.5: Am 2009 (74), Sch 1 [3]; 2009 (387), Sch 1 [2]–[4]; 2010 (135), Sch 1 [3] [4].

1.6 Interpretation—references to land use zones

(1)  A reference in this Policy to a lot or to land in a named land use zone is a reference:

(a)  to land that, under an environmental planning instrument made as provided by section 33A (2) of the Act, is in a land use zone specified in the Standard Instrument, and

(b)  to land that, under an environmental planning instrument that is not made as provided by section 33A (2) of the Act, is in a land use zone in which equivalent land uses are permitted to those permitted in the named land use zone.

(2)  In this clause:

equivalent land uses, in relation to land in a named land use zone, means uses equivalent to the permitted land uses shown opposite that named land use zone in the table to this clause.

(3)  If the Director-General, by order published in the Gazette, determines that a land use zone in a specified environmental planning instrument that is not made as provided by section 33A (2) of the Act is a land use zone in which equivalent land uses are permitted to those permitted in a named land use zone, that certification is conclusive for the purposes of this clause.

Named land use zone	Permitted land uses
RU1 Primary Production	Primary production, including agriculture and a diverse range of primary industry enterprises
RU2 Rural Landscape	Compatible rural land uses, including extensive agriculture
RU3 Forestry	Forestry land uses and other development compatible with forestry land uses
RU4 Rural Small Holdings	Compatible rural land uses, including extensive agriculture on small rural lots
RU5 Village	Dwelling houses, business and retail premises and associated uses and facilities in a rural village setting
R1 General Residential	Residential accommodation of various types and densities and associated services and facilities
R2 Low Density Residential	Generally low density dwellings with associated services and facilities
R3 Medium Density Residential	Mix of medium density dwellings with associated services and facilities
R4 High Density Residential	High density dwellings including residential flat buildings with associated services and facilities
R5 Large Lot Residential	Dwelling houses on large residential lots in a rural setting
B1 Neighbourhood Centre	Small scale business and retail premises, community facilities and shop top housing in a neighbourhood centre
B2 Local Centre	Business and retail premises, entertainment and community facilities and shop top housing in a local centre
B3 Commercial Core	Large scale business, office and retail premises and community and entertainment facilities in a major centre
B4 Mixed Use	A variety of business, office and retail premises, community and entertainment facilities and associated uses
B5 Business Development	Large floor area business uses, including warehouse or distribution centres, and specialised retail premises in areas that are close to, and support the viability of, centres
B6 Enterprise Corridor	Business premises, office premises, retail premises and light industries, warehouse or distribution centres and associated facilities along a main road, residential uses only as part of a mixed use development
B7 Business Park	Office premises and light industries, that encourage employment opportunities, together with associated facilities and services
IN1 General Industrial	Depots, freight transport facilities, industries, neighbourhood shops and warehouse or distribution centres in a general industrial setting
IN2 Light Industrial	Depots, light industries, neighbourhood shops and warehouse or distribution centres in a light industrial setting
IN3 Heavy Industrial	Depots, freight transport facilities and heavy industries, including hazardous and offensive industries and storage establishments in a heavy industrial setting
IN4 Working Waterfront	Waterfront industrial and maritime activities, including boat launching ramps, boat repair facilities, jetties and light industries

cl 1.6: Am 2009 (74), Sch 1 [4]; 2009 (364), Sch 3.5 [1]; 2009 (387), Sch 1 [5]–[8]; 2010 (135), Sch 1 [5].

1.7 Interpretation—references to maps

(1)  A reference in this Policy to a named map adopted by this Policy is a reference to a map by that name:

(a)  approved by the Minister when the map is adopted, and

(b)  as amended or replaced from time to time by maps declared by environmental planning instruments to amend or replace that map, and approved by the Minister when the instruments are made.

(2)  Any 2 or more named maps may be combined into a single map. In that case, a reference in this Policy to any such named map is a reference to the relevant part or aspect of the single map.

(3)  Any such maps are to be kept and made available for public access in accordance with arrangements approved by the Minister.

(4)  For the purposes of this Policy, a map may be in, and may be kept and made available in, electronic or paper form, or both.

(5)  This clause does not apply to an Acid Sulfate Soils Map.

1.8 Relationship with other State environmental planning policies

Note

This clause is subject to section 36 (4) of the Act.

(1)  If this Policy and any other State environmental planning policy, whether made before or after the commencement of this Policy, specify the same development, as either exempt development or complying development, the other Policy does not apply to that development, except as provided by subclauses (2)–(4).

(2)  If this Policy and State Environmental Planning Policy (Infrastructure) 2007 specify the same development as either exempt or complying development, this Policy does not apply to that development if:

(a)  the development is carried out by a person who may carry out the development under State Environmental Planning Policy (Infrastructure) 2007, and

(b)  in the case of development for the purposes of the construction or installation of an aerial or antenna—the aerial or antenna is for use for some purpose other than:

(i)  receiving television or radio signals, or

(ii)  in connection with community band or two-way radio (or any combination of these uses), or

(iii)  any combination of the uses referred to in subparagraphs (i) and (ii), and

(c)  in the case of development for the purposes of the construction or installation of a radio or satellite communications dish—the dish is for use for some purpose other than receiving television or radio signals (or both).

(3)  If this Policy and State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 specify the same development as either exempt or complying development, this Policy does not apply to that development.

(4)  If this Policy specifies development as either exempt or complying development and a provision in State Environmental Planning Policy (Sydney Region Growth Centres) 2006 or State Environmental Planning Policy No 60—Exempt and Complying Development specifies the same development as complying development, the other policy ceases to apply to that development on 1 January 2011.

(4A)  If this Policy and State Environmental Planning Policy (Affordable Rental Housing) 2009 specify the same development as either exempt or complying development, this Policy does not apply to that development.

(5)  For the avoidance of doubt, each policy identified in subclause (4) continues to apply to the development until 1 January 2011.

(6)  If another State environmental planning policy specifies exempt development or complying development that is not the same as development specified as either exempt development or complying development in this Policy, this Policy does not affect the operation of that other Policy.

Note—

The Environmental Planning and Assessment Regulation 2000 specifies that a person must refer to the environmental planning instrument under which the development is complying development in an application for a complying development certificate.

cl 1.8: Am 2009 (74), Sch 1 [5]–[7]; 2009 (364), Sch 3.5 [2]; 2010 (68), Sch 1 [1] [2]; 2010 (375), Sch 2.1 [1].

1.9 Relationship with local environmental plans and development control plans

(1) Exempt development under this Policy and a local environmental plan or development control plan If this Policy and a local environmental plan or a development control plan, whether made before or after the commencement of this Policy, specify the same development as exempt development, the local environmental plan or development control plan does not apply to that development.

(2) Complying development under this Policy and a local environmental plan or development control plan If this Policy and a local environmental plan or a development control plan, whether made before or after the commencement of this Policy, specify the same development as complying development, the local environmental plan or development control plan ceases to apply to that development on 1 January 2011.

(3) Complying development under this Policy and exempt development under a local environmental plan or development control plan If this Policy specifies development as complying development and a local environmental plan or a development control plan, whether made before or after the commencement of this Policy, specifies the same development as exempt development, the local environmental plan or development control plan does not apply to that development.

(4) Exempt development under this Policy and complying development under a local environmental plan or development control plan If this Policy (other than Division 2 of Part 2) specifies development as exempt development and a local environmental plan or a development control plan, whether made before or after the commencement of this Policy, specifies the same development as complying development, the local environmental plan or development control plan ceases to apply to that development on 1 January 2011.

(5)  For the avoidance of doubt, the local environmental plan or the development control plan referred to in subclause (2) or (4) continues to apply to the development until 1 January 2011.

(6)  If a local environmental plan or a development control plan specifies exempt development or complying development that is not the same as development specified as either exempt development or complying development in this Policy, this Policy does not affect the operation of that local environmental plan or development control plan.

(7)  In this clause:

local environmental plan includes a deemed environmental planning instrument.

Note—

The Environmental Planning and Assessment Regulation 2000 specifies that a person must refer to the environmental planning instrument under which the development is complying development in an application for a complying development certificate.

cl 1.9: Am 2010 (68), Sch 1 [3] [4]; 2010 (244), Sch 1 [2].

1.10 Same development

(1)  For the purposes of this Policy, 2 or more instruments are taken to specify the same development if they specify that development for the same purpose may be carried out on the same land, even though there may be some differences in the specifications or development standards for that development.

Note—

For example, “deck” is a development, even if the size of the deck or its location varies in different local environmental plans or development control plans.

(2)  The Director-General may certify in writing, for the purpose of this Policy, that 2 or more instruments do, or do not, specify the same development and any such certificate has effect according to its tenor.

(3)  Notice of any certification by the Director-General under subclause (2) must be published in the Gazette.

1.11 Amendment of environmental planning instruments

The environmental planning instruments specified in Schedule 1 are amended as set out in that Schedule.

1.12 Variations to codes

The codes, or parts of codes, in this Policy are varied as set out in Schedule 2 or 3.

1.13 Savings provision relating to pending applications

A development application or an application for a complying development certificate that has been made but not finally determined before the commencement of this Policy, or an amendment to this Policy, must be determined as if this Policy or the amendment had not commenced.

1.14 Review of Policy

The Minister must ensure that the provisions of this Policy are reviewed:

(a)  as soon as practicable after the first anniversary of the commencement of this Policy, and

(b)  at least every 5 years after that commencement.

Division 2 Exempt and complying development

1.15 What development is exempt development?

(1)  Development that is specified in an exempt development code that meets the standards specified for that development and that complies with the requirements of this Division for exempt development is exempt development for the purposes of this Policy.

(2)  For the purposes of subclause (1), development that is specified includes any specified limitations as to the land on which that development may be carried out.

Note—

Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.

The section states that exempt development:

(a)  must be of minimal environmental impact, and

(b)  cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and

(c)  cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).

1.16 General requirements for exempt development

(1)  To be exempt development, the development:

(a)  must meet the relevant deemed-to-satisfy provisions of the Building Code of Australia, or if there are no such relevant provisions, must be structurally adequate, and

(b)  must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia, and

(c)  must not be designated development, and

(d)  must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977.

(2)  Development that relates to an existing building that is classified under the Building Code of Australia as class 1b or class 2–9 is exempt development only if:

(a)  the building has a current fire safety certificate or fire safety statement, or

(b)  no fire safety measures are currently implemented, required or proposed for the building.

(3)  To be exempt development, the development must:

(a)  be installed in accordance with the manufacturer’s specifications, if applicable, and

(b)  must not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent.

Note—

A permit for the removal or pruning of a tree or other vegetation may be granted under a local environmental plan. A development consent for the removal of native vegetation may be granted under the Native Vegetation Act 2003.

(4)  This clause does not apply to development specified as exempt development in Division 2 of Part 2.

cl 1.16: Am 2009 (387), Sch 1 [9]; 2010 (244), Sch 1 [3].

1.17 What development is complying development?

(1)  Development that is specified in a complying development code that meets the standards specified for that development and that complies with the requirements of this Division for complying development is complying development for the purposes of this Policy.

(2)  For the purposes of subclause (1), development that is specified includes any specified limitations as to the land on which that development may be carried out.

Note—

Under section 76A of the Act, development consent for the carrying out of complying development may be obtained by the issue of a complying development certificate.

The section states that development cannot be complying development if:

(a)  it is on land that is critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), or

(b)  it is on land within a wilderness area (identified under the Wilderness Act 1987), or

(c)  the development is designated development, or

(d)  the development is on land that comprises, or on which there is, an item of environmental heritage (that is listed on the State Heritage Register or that is subject to an interim heritage order under the Heritage Act 1977 or that is identified as an item of environmental heritage in an environmental planning instrument), or

(e)  the development requires concurrence (except a concurrence of the Director-General of the Department of Environment and Climate Change in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995)), or

(f)  the development is on land identified as an environmentally sensitive area under this Policy.

cl 1.17: Am 2009 (387), Sch 1 [10] [11].

1.18 General requirements for complying development

(1)  To be complying development, the development must:

(a)  be permissible, with consent, in the land use zone in which it is carried out, and

(b)  meet the relevant provisions of the Building Code of Australia, and

(c)  have a prior approval, if required by the Local Government Act 1993, for:

(i)  an on-site effluent disposal system if the development is undertaken on unsewered land, and

(ii)  an on-site stormwater drainage system, and

(d)  have, if required by the Roads Act 1993:

(i)  prior consent from the relevant roads authority for each opening of a public road required by the development, and

(ii)  prior written permission from the relevant roads authority to operate or store machinery, materials or waste required by the development on a road or footpath reserve, and

(e)  not involve the removal or pruning of a tree or other vegetation that would otherwise require a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit or development consent.

Note—

A permit for the removal or pruning of a tree or other vegetation may be granted under a local environmental plan. A development consent for the removal of native vegetation may be granted under the Native Vegetation Act 2003.

(2)  To be complying development, the development must not:

(a)  be designated development, or

(b)  be exempt development under this Policy, or

(c)    (Repealed)

(d)  be development that requires concurrence (except a concurrence of the Director-General of the Department of Environment and Climate Change in respect of development that is likely to significantly affect a threatened species, population, or ecological community, or its habitat (identified under the Threatened Species Conservation Act 1995)).

(2A)  To be complying development specified for the General Housing Code, the development must not be carried out on land that is less than the minimum lot size for the erection of a dwelling house under an environmental planning instrument applying to the land.

(2B)  To be complying development on land in the 20-25 ANEF contours, the development must be constructed in accordance with AS 2021—2000, Acoustics—Aircraft noise intrusion—Building siting and construction.

(3)  A complying development certificate for complying development under this Policy is subject to the conditions specified in this Policy in respect of that development.

cl 1.18: Am 2009 (74), Sch 1 [8]; 2009 (387), Sch 1 [12] [13]; 2010 (135), Sch 1 [6].

1.19 Land on which exempt development and complying development may not be carried out

(1) General land exemptions To be exempt development or complying development, the development must not be carried out on land that is an environmentally sensitive area.

(1A)  Subclause (1) does not apply to development specified as exempt development in Division 2 of Part 2.

(2)  The general land exemptions set out in subclauses (3) and (4) apply to complying development specified for the following codes:

(a)  the General Housing Code,

(b)  the Housing Internal Alterations Code,

(c)  the General Commercial and Industrial Code,

(d)  the Subdivisions Code.

(3)  To be complying development, the development must not be carried out on:

(a)  land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977, or

(b)  land that comprises, or on which there is, a heritage item or a draft heritage item, or

(c)  land within a wilderness area (identified under the Wilderness Act 1987).

(4)  If only a part of a lot is land to which this clause applies, complying development must not be carried out on any part of that lot.

(5) Specific land exemptions for General Housing Code To be complying development specified for the General Housing Code, the development must not be carried out on:

(a)  land within a heritage conservation area or a draft heritage conservation area, or

(b)  land that is reserved for a public purpose in an environmental planning instrument, or

(c)  unsewered land to which Drinking Water Catchments Regional Environmental Plan No 1 applies, or

(d)  land identified on an Acid Sulfate Soils Map as being Class 1 or Class 2, or

(e)  land that is bush fire prone land, unless the development is only the demolition or removal of a dwelling house, the demolition of ancillary development or the erection of a swimming pool, fence or retaining wall, or

(f)  a flood control lot, or

(g)  excluded land identified by an environmental planning instrument, or

(h)  land in a foreshore area, or

(i)  land that is in the 25 ANEF contour or a higher ANEF contour.

cl 1.19: Am 2009 (74), Sch 1 [9]–[11]. Subst 2009 (387), Sch 1 [14]. Am 2010 (135), Sch 1 [7]–[9]; 2010 (244), Sch 1 [4].

Part 2 Exempt Development Codes

Note 1—

Schedule 2 contains the variations to this code.

Note 2—

A person may carry out development specified in this code without obtaining development consent from a consent authority if the person complies with the development standards that apply to the development (which includes the deemed-to-satisfy provisions of the Building Code of Australia).

In addition to the requirements specified for development under this code, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to development in this code may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993, the Swimming Pools Act 1992 and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.

pt 2, note 2: Am 2009 (387), Sch 1 [15].

Division 1 General Exempt Development Code

Subdivision 1 Access ramps

2.1 Specified development

The construction or installation of an access ramp is development specified for this code.

2.2 Development standards

The standards specified for that development are that the development must:

(a)  be not more than 1m above ground level (existing), and

(b)  be constructed in accordance with AS 1428.1—2001, Design for access and mobility—General requirements for access—New building work, and

(c)  not interfere with the functioning of existing drainage fixtures or the natural surface flow of water, and

(d)  if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and

(e)  if it is constructed or installed on or in, or in relation to, a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.

cl 2.2: Am 2009 (387), Sch 1 [16].

Subdivision 2 Aerials and antennae

2.3 Specified development

The construction or installation of an aerial or antenna, including a microwave antennae, is development specified for this code if:

(a)  it is only for the purpose of receiving television or radio signals or for use in connection with community band or two-way radio (or any combination of these uses), and

(b)  it is not constructed or installed on or in, or in relation to, a heritage item or a draft heritage item.

Note—

See separate entry for communication dishes.

cl 2.3: Subst 2010 (375), Sch 2.1 [2].

2.4 Development standards

(1)  The standards specified for that development are that the development must:

(a)    (Repealed)

(b)  be located at least 900mm from each lot boundary, and

(c)  if it is roof mounted—be not higher than 1.8m above the highest point of the roof, and

(d)  if it is not roof mounted:

(i)  be not higher than 1.8m above the highest point of the roof of any dwelling, bulky goods premises, commercial premises, premises used for light industry or warehouse or distribution centre located on the lot, and

(ii)  if it is not on land in Zone RU1, RU2, RU3 or RU4—be located in the rear yard.

(2)  There must be not more than 1 development:

(a)  per lot if there is a dwelling on the lot, or

(b)  per lot or per each separate occupation of premises on the lot, whichever is the greater, in any other case.

cl 2.4: Am 2009 (387), Sch 1 [17]–[19]; 2010 (375), Sch 2.1 [3].

Subdivision 3 Air-conditioning units

2.5 Specified development

The construction or installation of an air-conditioning unit is development specified for this code.

2.6 Development standards

(1)  The standards specified for that development, if for domestic purposes only, are that the development must:

(a)  not be located on the wall or roof of a building that faces the primary road, or forward of the building line to the primary road, and

(b)  be located at least 450mm from each lot boundary, and

(c)  subject to paragraph (g), be attached to the external wall of a building or ground mounted, and

(d)  be not higher than 1.8m above ground level (existing), and

(e)  not involve work that reduces the structural integrity of the building, and

(f)  not reduce the existing fire resistance level of a wall, and

(g)  if it is constructed or installed on or in, or in relation to, a heritage item or a draft heritage item—not be wall mounted, and

(h)  if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.

(1A)  The standards specified for that development, if for purposes other than domestic purposes only, are that the development must:

(a)  not be located on the wall or roof of a building that faces the primary road, or forward of the building line to the primary road, and

(b)  not be built into any external wall unless the development is more than 3m from each side and rear boundary and 6m from any other building on the lot, and

(c)  not involve work that reduces the structural integrity of the building, and

(d)  not reduce the existing fire resistance level of a wall or roof, and

(e)  if it is constructed or installed on or in, or in relation to, a heritage item or draft heritage item—not be wall mounted, and

(f)  if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located behind the building line of any road frontage.

(2)  Any opening created by the construction or installation of the development must be adequately waterproofed.

cl 2.6: Am 2009 (387), Sch 1 [20]–[22].

Subdivision 3A Animal shelters

pt 2, div 1, sdivs 3A, 3B (cll 2.6A–2.6D): Ins 2009 (387), Sch 1 [23].

2.6A Specified development

The construction or installation of an animal shelter is development specified for this code if it is not constructed or installed on land in a foreshore area.

pt 2, div 1, sdivs 3A, 3B (cll 2.6A–2.6D): Ins 2009 (387), Sch 1 [23].

2.6B Development standards

(1)  The standards specified for that development are that the development must:

(a)  be for domestic purposes only, and

(b)  not have a floor area of more than 10m², and

(c)  be not higher than 1.8m above ground level (existing), and

(d)  if it is not on land in Zone RU1, RU2, RU3 or RU4—be located behind the building line of any road frontage, and

(e)  be located at least 450mm from each side and rear boundary, and

(f)  if roofed—be constructed or installed so that roofwater is disposed of into an existing stormwater drainage system, and

(g)  to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials and have an impervious floor, and

(h)  if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and

(i)  if it is constructed or installed in, or in relation to, a heritage item or a draft heritage item, or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.

(2)  There must not be more than 2 developments per lot.

pt 2, div 1, sdivs 3A, 3B (cll 2.6A–2.6D): Ins 2009 (387), Sch 1 [23].

Subdivision 3B Automatic teller machines

pt 2, div 1, sdivs 3A, 3B (cll 2.6A–2.6D): Ins 2009 (387), Sch 1 [23].

2.6C Specified development

The construction or installation of an automatic teller machine is development specified for this code.

pt 2, div 1, sdivs 3A, 3B (cll 2.6A–2.6D): Ins 2009 (387), Sch 1 [23].

2.6D Development standards

The standards specified for that development are that the development must be located inside, and only be accessible from within, existing bulky goods premises or commercial premises.

pt 2, div 1, sdivs 3A, 3B (cll 2.6A–2.6D): Ins 2009 (387), Sch 1 [23].

Subdivision 4 Aviaries

2.7 Specified development

The construction or installation of an aviary is development specified for this code if it is not constructed or installed on land in a foreshore area.

cl 2.7: Am 2009 (74), Sch 1 [12].

2.8 Development standards

(1)  The standards specified for that development are that the development must:

(a)  be for domestic purposes only, and

(b)  not have a floor area of more than 10m², and

(c)  be not higher than 2.4m above ground level (existing), and

(d)  if it is not on land in Zone RU1, RU2, RU3 or RU4—be located in the rear yard, and

(e)    (Repealed)

(f)  have an impervious floor, and

(g)  be constructed or installed so that roofwater is disposed of without causing a nuisance to adjoining owners, and

(h)  if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material.

(2)  There must not be more than 2 developments per lot.

cl 2.8: Am 2009 (387), Sch 1 [24].

Subdivision 5 Awnings, blinds and canopies

2.9 Specified development

The construction or installation of an awning, blind (including a storm blind, security blind or sun blind), canopy or similar structure over a window or door opening is development specified for this code if it is not constructed or installed on or in, or in relation to, a heritage item or a draft heritage item.

Note—

See separate entry for shade structures.

2.10 Development standards

The standards specified for that development are that the development must:

(a)  not have an area more than 10m², and

(b)  not project beyond the external wall of the building by more than 2m, and

(c)  if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and

(d)  if it is located on bush fire prone land—be constructed of non-combustible material, and

(e)  not be used for advertising.

cl 2.10: Am 2009 (387), Sch 1 [25]; 2010 No 59, Sch 2.87 [1].

Subdivision 6 Balconies, decks, patios, pergolas, terraces and verandahs

2.11 Specified development

The construction or installation of a balcony, deck, patio, pergola, terrace or verandah (whether free standing or attached to the ground floor level of a building, or roofed or unroofed) is development specified for this code if it is not constructed or installed on or in, or in relation to, a heritage item or a draft heritage item or on land in a foreshore area.

cl 2.11: Am 2009 (74), Sch 1 [13].

2.12 Development standards

The standards specified for that development are that the development must:

(a)  be for domestic purposes only, and

(b)  have an area of not more than 20m², and

(c)  not cause the total floor area of all such structures on the lot to be more than 15% of the ground floor area of the dwelling on the lot, and

(d)  not have an enclosing wall higher than 1.4m, and

(e)  be located behind the building line of any road frontage, and

(f)  be located at least 900mm from each lot boundary, and

(g)    (Repealed)

(h)  to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and

(i)  have a floor height not more than 1m above ground level (existing), and

(j)  if it is a roofed structure:

(i)  that is attached to a dwelling—not extend above the roof gutter line of the dwelling, and

(ii)  have a roof not higher than 3m, at its highest point, above ground level (existing), and

(k)  if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and

(l)  be constructed or installed so that any roofwater is disposed of into an existing stormwater drainage system, and

(m)  not interfere with the functioning of existing drainage fixtures or flow paths, and

(n)  if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and

(o)  if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located behind the building line of any road frontage.

cl 2.12: Am 2009 (74), Sch 1 [14]; 2009 (387), Sch 1 [26]–[28]; 2010 No 59, Sch 2.87 [1].

Subdivision 7 Barbecues

2.13 Specified development

The construction or installation of a barbecue is development specified for this code.

2.14 Development standards

The standards specified for that development are that the development must:

(a)  not have an area of more than 4m², and

(b)  be not higher than 1.8m above ground level (existing), and

(c)  if it is not on land in Zone RU1, RU2, RU3 or RU4—be located behind the building line of any road frontage, and

(d)  be located at least 450mm from each lot boundary, and

(e)  not be used for commercial purposes.

cl 2.14: Am 2009 (387), Sch 1 [29].

Subdivision 8 Bed and breakfast accommodation

2.15 Specified development

Bed and breakfast accommodation is development specified for this code if it is carried out on land in a land use zone where bed and breakfast accommodation is a permissible use.

2.16 Development standards

The standards specified for that development are that the development must:

(a)  be in an existing dwelling house that has a floor area not more than 300m², and

(b)  consist of not more than 3 guest bedrooms.

Subdivision 8A Bollards

pt 2, div 1, sdiv 8A (cll 2.16A, 2.16B): Ins 2009 (387), Sch 1 [30].

2.16A Specified development

The construction or installation of a bollard is development specified for this code.

pt 2, div 1, sdiv 8A (cll 2.16A, 2.16B): Ins 2009 (387), Sch 1 [30].

2.16B Development standards

The standards specified for that development are that the development must:

(a)  be not higher than 1.4m above ground level (existing), and

(b)  not have a diameter of more than 600mm, and

(c)  be associated with any of the following development:

(i)  bulky goods premises,

(ii)  commercial premises,

(iii)  premises used for light industry,

(iv)  warehouse or distribution centre, and

(d)  not reduce any existing means of entry to, or exit from, any such associated development or the lot on which it is situated.

pt 2, div 1, sdiv 8A (cll 2.16A, 2.16B): Ins 2009 (387), Sch 1 [30].

Subdivision 9 Cabanas, cubby houses, ferneries, garden sheds, gazebos and greenhouses

2.17 Specified development

The construction or installation of a cabana, cubby house, fernery, garden shed, gazebo or greenhouse is development specified for this code if it is not constructed or installed on or in, or in relation to, a heritage item or a draft heritage item or on land in a foreshore area.

cl 2.17: Am 2009 (74), Sch 1 [13].

2.18 Development standards

(1)  The standards specified for that development are that the development must:

(a)    (Repealed)

(b)  not have a floor area of more than 20m², and

(c)  be not higher than 3m above ground level (existing), and

(d)  be located at least 900mm from each lot boundary, and

(e)  if it is not on land in Zone RU1, RU2, RU3 or RU4—be located behind the building line of any road frontage, and

(f)  not be a shipping container, and

(g)  be constructed or installed so that roofwater is disposed of without causing a nuisance to adjoining owners, and

(h)    (Repealed)

(i)  if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and

(j)  if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and

(k)  if it is located adjacent to another building—be located so that it does not interfere with the entry to, or exit from, or the fire safety measures contained within, that building.

(2)  There must not be more than 2 developments per lot.

cl 2.18: Am 2009 (387), Sch 1 [31] [32].

Subdivision 10 Carports

2.19 Specified development

The construction or installation of a carport is development specified for this code if it is not constructed or installed on or in, or in relation to, a heritage item or a draft heritage item or on land in a foreshore area.

cl 2.19: Am 2009 (74), Sch 1 [13].

2.20 Development standards

(1)  The standards specified for that development are that the development must:

(a)  not result in a building classified under the Building Code of Australia as class 7a, and

(b)  not have a floor area more than 20m², and

(c)  be not higher than 3m above ground level (existing) or, if attached to an existing single storey dwelling, be not higher than the roof gutter line, and

(d)  be located at least 1m behind the building line of any road frontage, and

(e)  be located at least 900mm from each lot boundary, and

(f)  have 2 or more sides open and not less than one-third of its perimeter open, and

(g)  to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and

(h)  not involve the construction of a new driveway or gutter crossing unless the consent of the relevant road authority for each opening of a public road required for the development has been obtained under the Roads Act 1993, and

(i)  be constructed or installed so that any roofwater is disposed of into the existing stormwater drainage system, and

(j)  if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and

(k)  be located at least 1m from any registered easement, sewer main or water main, and

(l)  if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and

(m)  if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and

(n)  be located so that it does not reduce vehicular access to, or parking or loading or unloading on, or from, the lot.

(2)  The roof of the development must be located at least 500mm from each lot boundary.

(3)  There must not be more than 1 development:

(a)  per lot if there is a dwelling on the lot, or

(b)  per lot or per each separate occupation of premises on the lot, whichever is the greater, in any other case.

cl 2.20: Am 2009 (387), Sch 1 [33]–[35]; 2010 No 59, Sch 2.87 [1].

Subdivision 10A Change of use of premises

pt 2, div 1, sdiv 10A (cll 2.20A, 2.20B): Ins 2009 (387), Sch 1 [36].

2.20A Specified development

A change from a current use to a new use that is a change from:

(a)  a type of business premises to another type of business premises, or

(b)  business premises to office premises, or

(c)  a type of office premises to another type of office premises, or

(d)  office premises to business premises, or

(e)  a type of retail premises to another type of retail premises, or

(f)  a bulky goods premises to another bulky goods premises, or

(g)  a light industry to another light industry, or

(h)  a warehouse or distribution centre to another warehouse or distribution centre, or

(i)  a light industry to a warehouse or distribution centre, or

(j)  a warehouse or distribution centre to a light industry,

is development specified for this code.

pt 2, div 1, sdiv 10A (cll 2.20A, 2.20B): Ins 2009 (387), Sch 1 [36].

2.20B Development standards

The standards specified for that development are that:

(a)  the current use must be a lawful use, and

(b)  the current use must not be an existing use within the meaning of section 106 of the Act, and

(c)  the new use must be permissible in the land use zone in which it is carried out, and

(d)  the new use must not result in a change of building use under the Building Code of Australia, and

(e)  the new use must not be carried out at premises that are a manufactured home, moveable dwelling or associated structure, temporary structure, tent, swimming pool, ship or vessel, and

(f)  the new use must not be any of the following:

(i)  food and drink premises,

(ii)  a funeral chapel,

(iii)  a funeral home,

(iv)  retail premises where firearms within the meaning of the Firearms Act 1996 are sold,

(v)  landscape and garden supplies,

(vi)  a market,

(vii)  premises that are a beauty salon or hair dressing salon,

(viii)  premises where a skin penetration procedure within the meaning of section 51 of the Public Health Act 1991 is carried out,

(ix)  restricted premises,

(x)  a roadside stall,

(xi)  sex services premises,

(xii)  vehicle sales or hire premises, and

(g)  the new use must not involve building alterations, other than alterations that are exempt development under this Policy, and

(h)  the new use must not result in an increase in the gross floor area of any building within which it is carried out, and

(i)  the new use must not cause the contravention of any existing condition of a development consent that applies to the premises relating to hours of operation, car parking, vehicular movement, traffic generation, landscaping or waste management.

Note—

Development consent is defined in section 4 of the Act to include a complying development certificate.

pt 2, div 1, sdiv 10A (cll 2.20A, 2.20B): Ins 2009 (387), Sch 1 [36].

Subdivision 11 Clothes hoists and clothes lines

2.21 Specified development

The construction or installation of a clothes hoist or clothes line is development specified for this code if it is not constructed or installed on land in a foreshore area.

cl 2.21: Am 2009 (74), Sch 1 [12].

2.22 Development standards

The standards specified for that development are that the development must:

(a)  be located behind the building line of any road frontage, and

(b)  if it is constructed or installed on or in, or in relation to, a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.

Subdivision 12 Communications dishes (radio and satellite)

2.23 Specified development

The construction or installation of a radio or satellite communications dish is development specified for this code if:

(a)  it is only for the purpose of receiving television or radio signals (or both), and

(b)  it is not constructed or installed on or in, or in relation to, a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area.

cl 2.23: Subst 2010 (375), Sch 2.1 [4].

2.24 Development standards

(1)  The standards specified for that development are that the development must:

(a)    (Repealed)

(b)  if it is roof mounted:

(i)  not have a diameter of more than 900mm, and

(ii)  be not higher than 1.8m above the highest point of the roof of the dwelling on the lot, and

(c)  if it is ground mounted:

(i)  not have a diameter of more than 1.8m, and

(ii)  be not higher than 1.8m above ground level (existing), and

(iii)  be located in the rear yard, and

(iv)  be located at least 900mm from each lot boundary.

(2)  There must not be more than 1 development:

(a)  per lot if there is a dwelling on the lot, or

(b)  per lot or per each separate occupation of premises on the lot, whichever is the greater, in any other case.

cl 2.24: Am 2009 (387), Sch 1 [37] [38]; 2010 (135), Sch 1 [10].

Subdivision 13 Demolition

2.25 Specified development

Demolition of development that would be exempt development under this code if it were being constructed or installed is development specified for this code if it is not carried out on or in, or in relation to, a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area.

2.26 Development standards

The standards specified for that development are that the development must be carried out in accordance with AS 2601—2001, The demolition of structures.

Note—

A building constructed before 1987 may contain asbestos. Businesses are licensed to undertake asbestos removal work under the Occupational Health and Safety Regulation 2001 (refer to Working with Asbestos: Guide 2008 (ISBN 0 7310 5159 9) published by the WorkCover Authority). If the work is not undertaken by a licensed contractor it should still be undertaken in a manner that minimises risks (refer to Fibro & Asbestos—A Renovator and Homeowner’s Guide at http://more.nsw.gov.au). Information on the removal and disposal of asbestos to landfill sites licensed to accept this waste is available from the Department of Environment, Climate Change and Water.

cl 2.26: Am 2009 (603), Sch 1 [1]; 2010 No 59, Sch 2.87 [2].

Subdivision 14 Driveways

2.27 Specified development

The construction or installation of a driveway associated with access to an open hard stand space, a carport or garage is development specified for this code if it is not constructed or installed on or in, or in relation to, a heritage item or a draft heritage item in a heritage conservation area or a draft heritage conservation area or on land in a foreshore area.

cl 2.27: Subst 2009 (74), Sch 1 [15].

2.28 Development standards

The standards specified for that development are that the development must:

(a)  be for domestic purposes only, and

(b)  be constructed so that any surface water is disposed of without causing a nuisance to adjoining owners, and

(c)  not require cut or fill more than 600mm below or above ground level (existing), and

(d)  not be wider than the open hard stand space, carport or garage with which it is associated, and

(e)  be constructed in accordance with Australian Standard AS 2890.1—1993, Parking facilities—Off-street car parking, and

(f)  be constructed in accordance with the relevant road authority’s policy and specifications on vehicle and driveway crossings, and

(g)  have the consent of the relevant road authority under the Roads Act 1993 for each opening of a public road required for the development.

cl 2.28: Am 2009 (74), Sch 1 [16].

Subdivision 15 Earthworks and retaining walls

2.29 Specified development

Earthworks and the construction or installation of a retaining wall is development specified for this code if it is not carried out, constructed or installed on or in, or in relation to, a heritage item or a draft heritage item or on a flood control lot.

cl 2.29: Am 2009 (387), Sch 1 [39].

2.30 Development standards

The standards specified for that development are that the development must:

(a)  be for domestic purposes only, and

(b)  be located at least 900mm from each lot boundary, and

(c)  if a retaining wall:

(i)  be not higher than 600mm (including the height of any batters) above ground level (existing), and

(ii)  if it is on a sloping site and stepped to accommodate the fall in the land—be not higher than 800mm above ground level (existing) at each step, and

(iii)  have adequate drainage lines behind it, and

(d)  not require cut or fill more than 600mm below or above ground level (existing), and

(e)  not redirect the flow of surface water onto an adjoining property, and

(f)  cause surface water to be disposed of without causing a nuisance to adjoining owners, and

(g)  be located at least 1m from any registered easement, sewer main or water main, and

(h)  if the fill is more than 150mm deep—not occupy more than 50% of the landscaped area, and

(i)  if it is carried out, constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and

(j)  be located at least 50m from a waterbody (natural).

cl 2.30: Am 2009 (74), Sch 1 [17].

Subdivision 15A Evaporative cooling units (roof mounted)

pt 2, div 1, sdiv 15A (cll 2.30A, 2.30B): Ins 2009 (387), Sch 1 [40].

2.30A Specified development

(1)  The construction or installation of a roof mounted evaporative cooling unit on land in Climate Zone 4 is development specified for this code if it is not carried out on, or in relation to, a heritage item or a draft heritage item, or in a heritage conservation area or a draft heritage conservation area.

(2)  For the purposes of this clause, land is in Climate Zone 4 if it is within an area identified as Zone 4 of the Climate Zones for Thermal Design in the Building Code of Australia.

pt 2, div 1, sdiv 15A (cll 2.30A, 2.30B): Ins 2009 (387), Sch 1 [40].

2.30B Development standards

The standards specified for that development are that the development must:

(a)  be for domestic purposes only, and

(b)  be located at least 3m from each side boundary, and

(c)  be not higher than 1.8m above the highest point of the roof of the building on which it is mounted, and

(d)  be constructed or installed so that any opening created is adequately weather proofed, and

(e)  not involve work that reduces the structural integrity of the building, and

(f)  if it is located on bush fire prone land—be constructed of non-combustible material and be adequately sealed or protected to prevent the entry of embers.

pt 2, div 1, sdiv 15A (cll 2.30A, 2.30B): Ins 2009 (387), Sch 1 [40].

Subdivision 16 Farm buildings and structures

2.31 Specified development

The construction or installation of a farm building or other structure used for the purpose of an agricultural activity is development specified for this code if it is:

(a)  constructed or installed on land in Zone RU1, RU2, RU3 or RU4, and

(b)  not constructed or installed on or in, or in relation to, a heritage item or a draft heritage item.

2.32 Development standards

The standards specified for that development are that the development must:

(a)  be not higher than 7m above ground level (existing), and

(b)  not have an area of more than:

(i)  if it is a stockyard—0.5ha, or

(ii)  if it is any other building or structure—200m², and

(c)  be located at least 20m from the primary road frontage of the lot and at least 10m from the other lot boundaries, and

(d)  not be constructed or installed within 50m of a dwelling on an adjoining property, and

(e)  be located at least 50m from a waterbody (natural), and

(f)  to the extent it is comprised of metal components—be designed by, and constructed in accordance with the specifications of, a professional engineer.

cl 2.32: Am 2009 (387), Sch 1 [41].

Subdivision 17 Fences (non rural)—behind the building line

2.33 Specified development

The construction or installation of a fence or gate behind the building line of the primary road frontage is development specified for this code if it is:

(a)  constructed or installed on land in any zone other than Zone RU1, RU2, RU3 or RU4, and

(b)  not constructed or installed on or in, or in relation to, a heritage item or a draft heritage item, and

(c)  not constructed or installed on a flood control lot, and

(d)  not constructed or installed on land in a foreshore area.

cl 2.33: Am 2009 (74), Sch 1 [18].

2.34 Development standards

(1)  The standards specified for that development are that the development must:

(a)  if it is constructed of timber, metal or light weight materials—be not higher than 1.8m above ground level (existing), and

(b)  if it is constructed of masonry materials or chain wire—not be higher than:

(i)  1m above ground level (existing), if for domestic purposes only, or

(ii)  1.8m above ground level (existing), in any other case, and

(c)  if it is constructed of metal components—be of low reflective, factory pre-coloured materials, and

(d)  not be an electrical fence or use barbed wire, and

(e)  if it is on a sloping site and stepped to accommodate the fall in the land—be not higher than 2.2m above ground level (existing) at each step, and

(f)  not redirect the flow of surface water onto an adjoining property, and

(g)  if it is located in core Koala habitat—be constructed or installed in accordance with any relevant council policy, and

(h)  if it is located on bush fire prone land—be constructed of non-combustible material or hardwood.

(2)  If the development is constructed or installed on a secondary road frontage, it may be constructed up to a point that is level with the building line for the primary road frontage.

cl 2.34: Am 2009 (387), Sch 1 [42].

Subdivision 18 Fences (non rural)—forward of the building line

2.35 Specified development

The construction or installation of a fence or gate forward of the building line for the primary road frontage is development specified for this code if it is:

(a)  constructed or installed on land in any zone other than Zone RU1, RU2, RU3 or RU4, and

(b)  not constructed or installed on or in, or in relation to, a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area, and

(c)  not constructed or installed on a flood control lot.

2.36 Development standards

The standards specified for that development are that the development must:

(a)  be not higher than 1.2m above ground level (existing), and

(b)  be an open style incorporating pickets, slats, palings or the like or lattice style panels with a minimum aperture of 25mm, and

(c)  not be solid metal panels or chain wire fencing, and

(d)  not be an electrical fence or use barbed wire, and

(e)  if it is on a sloping site and stepped to accommodate the fall in the land—be not higher than 1.5m above ground level (existing) at each step, and

(f)  not redirect the flow of surface water onto an adjoining property, and

(g)  if it is an entrance gate—not swing open over council property, and

(h)  if it is located in core Koala habitat—be constructed or installed in accordance with any relevant council policy, and

(i)  if it is located on bush fire prone land—be constructed of non-combustible material or hardwood.

Subdivision 19 Fences (rural)

2.37 Specified development

The construction or installation of a fence or gate is development specified for this code if it is:

(a)  constructed or installed on land in Zone RU1, RU2, RU3 or RU4, and

(b)  not constructed or installed on or in, or in relation to, a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area.

(c)    (Repealed)

cl 2.37: Am 2009 (387), Sch 1 [43].

2.38 Development standards

The standards specified for that development are that the development must:

(a)  be not higher than 1.8m above ground level (existing), and

(b)  if it is a boundary fence that has a frontage to a public road—be constructed using post and wire or post and rail, and

(c)  if it is electrical fencing—be constructed in accordance with AS/NZS 3014:2003, Electrical installations—electric fences, and

(d)  if any part of it is a masonry decorative feature associated with an entrance gate on a boundary that has a frontage to a public road—not extend more than 3m from either side of the gate, and

(e)  if it is on a sloping site and stepped to accommodate the fall in the land—be not higher than 2.2m above ground level (existing) at each step, and

(f)  not redirect the flow of surface water onto an adjoining property, and

(g)  if it is constructed or installed on a flood control lot—not redirect or interrupt the flow of surface water on that lot.

cl 2.38: Am 2009 (387), Sch 1 [44].

Subdivision 20 Flagpoles

2.39 Specified development

The construction or installation of a free-standing flagpole is development specified for this code.

2.40 Development standards

(1)  The standards specified for that development are that the development must:

(a)  be not higher than 6m above ground level (existing), and

(b)  not have a diameter of more than 90mm, and

(c)  be located at least 3m from each side and rear boundary.

(2)  There must not be more than 1 development per lot.

(3)  Any flag flown from the development must not have an area of more than 2.5m² and must not be used for advertising.

cl 2.40: Am 2009 (387), Sch 1 [45] [46].

Subdivision 21 Fowl and poultry houses

2.41 Specified development

The construction or installation of a fowl or poultry house is development specified for this code if it is:

(a)  constructed or installed on land in a residential or rural zone, and

(b)  not constructed or installed on or in, or in relation to, a heritage item or a draft heritage item, and

(c)  not constructed or installed on land in a foreshore area.

cl 2.41: Am 2009 (74), Sch 1 [19].

2.42 Development standards

(1)  The standards specified for that development are that the development must:

(a)  if the development is constructed or installed on land in Zone R1, R2, R3, R4, R5 or RU5:

(i)  be not higher than 3m above ground level (existing), and

(ii)  not have a floor area of more than 15m², and

(iii)  be located in the rear yard, and

(iv)  not house more than 10 fowls or poultry, and

(b)  if the development is constructed or installed on land in Zone RU1, RU2, RU3 or RU4:

(i)  be not higher than 7m above ground level (existing), and

(ii)  not have a floor area of more than 50m², and

(c)  be located at least 3m from each lot boundary, and

(d)  if it houses fowls (including guinea fowls) only—be located at least 4.5m from any dwelling, public hall, school or premises used for the manufacture, preparation, sale or storage of food, and

(e)  if it houses other types of poultry—be located at least 30m from any dwelling, public hall, school or premises used for the manufacture, preparation, sale or storage of food, and

(f)  be enclosed to prevent the escape of poultry, and

(g)  be constructed or installed so that roofwater is disposed of without causing a nuisance to adjoining owners, and

(h)    (Repealed)

(i)  if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and

(j)  if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.

(2)  In all zones other than Zone RU1, RU2, RU3 and RU4, there must not be more than 1 development per lot.

cl 2.42: Am 2009 (387), Sch 1 [47].

Subdivision 21A Garbage bin storage enclosure

pt 2, div 1, sdivs 21A, 21B (cll 2.42A–2.42D): Ins 2009 (387), Sch 1 [48].

2.42A Specified development

The construction or installation of a garbage bin storage enclosure is development specified for this code if it is not carried out on land in a foreshore area.

pt 2, div 1, sdivs 21A, 21B (cll 2.42A–2.42D): Ins 2009 (387), Sch 1 [48].

2.42B Development standards

(1)  The standards specified for that development are that the development must:

(a)  be for a dwelling house only, and

(b)  be located at least 1m behind the building line of any road frontage, and

(c)  be located at least 450mm from each side and rear boundary, and

(d)  if it is constructed of metal components—be of low reflective, factory pre-coloured materials, and

(e)  if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and

(f)  if it is constructed or installed on or in, or in relation to, a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.

(2)  There must not be more than 1 development per lot.

pt 2, div 1, sdivs 21A, 21B (cll 2.42A–2.42D): Ins 2009 (387), Sch 1 [48].

Subdivision 21B Hard stand spaces

pt 2, div 1, sdivs 21A, 21B (cll 2.42A–2.42D): Ins 2009 (387), Sch 1 [48].

2.42C Specified development

The construction or installation of a hard stand space, whether open or part of a carport, is development specified for this code if it is not carried out on or in, or in relation to, a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area or on land in a foreshore area.

pt 2, div 1, sdivs 21A, 21B (cll 2.42A–2.42D): Ins 2009 (387), Sch 1 [48].

2.42D Development standards

(1)  The standards specified for that development are that the development must:

(a)  be for domestic purposes only, and

(b)  be associated with a driveway, and

(c)  measure at least 2.6m wide by 5.4m long, and

(d)  have an area of not more than 20m², and

(e)  be located at least 1m behind the building line of any road frontage, and

(f)  be located at least 900mm from each side or rear boundary, and

(g)  be constructed so that any surface water is disposed of without causing a nuisance to adjoining owners, and

(h)  not require cut or fill more than 600mm below or above ground level (existing), and

(i)  be constructed in accordance with Australian Standard AS 2890.1—1993, Parking facilities—Off-street car parking.

(2)  There must not be more than 1 development per lot.

pt 2, div 1, sdivs 21A, 21B (cll 2.42A–2.42D): Ins 2009 (387), Sch 1 [48].

Subdivision 22 Home businesses, home industries and home occupations

2.43 Specified development

A home business, a home industry or a home occupation is development specified for this code.

2.44 Development standards

The standard specified for this development is that it must not involve a change of building use.

Note 1—

The elements that must comprise this development are specified in the definition of home business, home industry or home occupation the Standard Instrument.

Note 2—

Under the Building Code of Australia, a change of building use involving a floor area greater than 10% of the floor area of a building would cause the building to contravene the development standard.

cl 2.44: Subst 2009 (74), Sch 1 [20].

Subdivision 23 Home-based child care

2.45 Specified development

Home-based child care is development specified for this code if it is not carried out on bush fire prone land.

2.46 Development standards

No standards are specified for this development.

Note—

The elements that must comprise this type of development are specified in the definition for this development in the Standard Instrument. If all the elements are not present, the development is not development to which this Division applies.

Subdivision 23A Hot water systems

pt 2, div 1, sdiv 23A (cll 2.46A, 2.46B): Ins 2009 (387), Sch 1 [49].

2.46A Specified development

The construction or installation of a hot water heater or a hot water storage tank is development specified for this code.

pt 2, div 1, sdiv 23A (cll 2.46A, 2.46B): Ins 2009 (387), Sch 1 [49].

2.46B Development standards

The standards specified for that development are that the development must:

(a)  not be a solar hot water system, and

(b)  if constructed or installed externally and on, or in relation to, a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area:

(i)  not be located on a roof, and

(ii)  be located in the rear yard.

pt 2, div 1, sdiv 23A (cll 2.46A, 2.46B): Ins 2009 (387), Sch 1 [49].

Note—

Division 4 of Part 3 of State Environmental Planning Policy (Infrastructure) 2007 regulates solar hot water systems.

Subdivision 24 Landscaping structures

2.47 Specified development

The construction or installation of a landscaping structure (including a garden arch), other than a retaining wall is development specified for this code if it is not constructed or installed on or in, or in relation to, a heritage item or a draft heritage item or on land in a foreshore area.

cl 2.47: Am 2009 (74), Sch 1 [13].

2.48 Development standards

The standards specified for that development are that the development must:

(a)  be not higher than 2.1m above ground level (existing), and

(b)  be not wider than 1.5m, and

(c)  be located at least 900mm from each lot boundary, and

(d)  not comprise masonry construction higher than 1m from ground level (existing), and

(e)  if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.

Subdivision 25 Letterboxes

2.49 Specified development

The construction or installation of a letterbox, whether free standing or in banks, is development specified for this code if it is not constructed or installed on or in, or in relation to, a heritage item or a draft heritage item.

2.50 Development standards

(1)  The standards specified for that development are that the development must:

(a)  be not higher than 1.2m above ground level (existing), and

(b)  be visible from the road alignment, and

(c)  have appropriate numbering that is visible from the road alignment.

(2)    (Repealed)

cl 2.50: Am 2009 (387), Sch 1 [50].

Subdivision 26 Minor building alterations (internal)

2.51 Specified development

(1)  A minor internal building alteration for the replacement or renovation of:

(a)  a doorway, wall, ceiling or floor lining, or

(b)  a deteriorated frame member, or

(c)  a bathroom or kitchen, or

(d)  a built in fixture such as a vanity, a cupboard or a wardrobe, or

(e)  an existing sanitary fixture, such as a grease trap or the like, or

(f)  shelving or racking that is not higher than 2.7m, or

(g)  a work station or counter,

is development specified for this code if it is not constructed or installed on or in, or in relation to, a heritage item or a draft heritage item.

(2)  The installation of new or replacement insulation material in the ceiling, floor or wall of a building is development specified for this code.

cl 2.51: Am 2009 (74), Sch 1 [21]; 2009 (387), Sch 1 [51] [52].

2.52 Development standards

The standards specified for that development are that the development must:

(aa)  not be an alteration to a food preparation area in food and drink premises, and

(a)  if it is the replacement or renovation of a deteriorated frame member—be of equivalent or improved quality materials, and

(b)  not include a change to the configuration of a room, whether by removal of an existing wall, partition or other means, and

(c)  not cause reduced window arrangements for light and ventilation needs, reduce the size of a doorway or involve the enclosure of an open area, and

(d)  not affect the load bearing capacity (whether vertical or horizontal) of a building, and

(e)  not include a change to the fire resisting components of, or interfere with the entry to, or exit from, or the fire safety measures contained within, a building, and

(f)  if it is the installation of new or replacement insulation material in a dwelling, it must be in accordance with Part 3.12.1 of the Building Code of Australia.

cl 2.52: Am 2009 (74), Sch 1 [22]; 2009 (387), Sch 1 [53] [54].

Subdivision 27 Minor building alterations (external)

2.53 Specified development

A minor external non-structural building alteration, such as the following:

(a)  painting, plastering, cement rendering, cladding, attaching fittings or decorative work,

(b)  the replacement of an external window, glazing areas or a door (other than those on bush fire prone land),

(c)  the repair to or replacement of a non-structural wall or roof cladding,

(d)  the installation of a security screen or grill to a door or window or a security door,

is development specified for this code if it is not constructed or installed on or in, or in relation to, a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area.

cl 2.53: Am 2009 (387), Sch 1 [55]–[57].

2.54 Development standards

The standards specified for that development are that the development must:

(a)  not comprise the making of, or an alteration to the size of, any opening in a wall or roof, such as a doorway, window or skylight, and

(b)  not reduce the existing fire resistance level of a wall or roof, and

(c)  if located on bush fire prone land:

(i)  be adequately sealed or protected to prevent the entry of embers, and

(ii)  use equivalent or improved quality materials, and

(d)  not affect any existing fire resisting components of the building, and

(e)  not affect the means of egress from the building in an emergency, and

(f)  if it is the installation of a security screen or grill to a door or window or a security door—be for domestic purposes only.

Note—

See separate entry for skylights.

cl 2.54: Am 2009 (74), Sch 1 [23]; 2009 (387), Sch 1 [58] [59].

Subdivision 28 Pathways and paving

2.55 Specified development

The construction or installation of a pathway or paving associated with a balcony, deck, patio, pergola, terrace or verandah is development specified for this code.

2.56 Development standards

The standards specified for that development are that the development must:

(a)  be for domestic purposes only, and

(b)  be constructed so that any surface water is disposed of without causing a nuisance to adjoining owners, and

(c)  not require cut or fill more than 600mm below or above ground level (existing), and

(d)  not have an area more than 15% of the floor area of the associated development.

cl 2.56: Am 2009 (74), Sch 1 [24].

Subdivision 29 Playground equipment

2.57 Specified development

The construction or installation of playground equipment is development specified for this code.

2.58 Development standards

The standards specified for that development are that the development must:

(a)  be for domestic purposes only, and

(b)  be not higher than 2.5m above ground level (existing), and

(c)  if it is not on land in Zone RU1, RU2, RU3 or RU4—be located in the rear yard, and

(d)  be located at least 1m from any registered easement, sewer main or water main.

Subdivision 30 Portable swimming pools and spas and child-resistant barriers

2.59 Specified development

The construction or installation of a portable swimming pool or spa or a child-resistant barrier that is required under the Swimming Pools Act 1992 is development specified for this code if it is not constructed or installed on or in, or in relation to, a heritage item or a draft heritage item or on land in a foreshore area.

cl 2.59: Am 2009 (74), Sch 1 [13].

2.60 Development standards

(1)  The standards specified for that development, if it is the construction or installation of a portable swimming pool or spa, are that the development must:

(a1)  be for domestic purposes only, and

(a)  be located in the rear yard, and

(b)  be located at least 1m from each lot boundary, and

(c)  not exceed 2,000 L in capacity, and

(d)  not require structural work for installation, and

(e)  not impact on the structural stability of any building.

(2)  A child-resistant barrier must be constructed or installed in accordance with the requirements of the Swimming Pools Act 1992.

cl 2.60: Am 2009 (387), Sch 1 [60] [61].

Subdivision 31 Privacy screens

2.61 Specified development

The construction or installation of a privacy screen that is not attached to a boundary fence or retaining wall is development specified for this code if it is not constructed or installed on land in a foreshore area.

cll 2.61, 2.63, 2.71: Am 2009 (74), Sch 1 [12].

2.62 Development standards

The standards specified for that development are that the development must:

(a)  be not higher than 2.5m above ground level (existing), and

(b)  be not longer than 5m, and

(c)  be located at least 900mm from each lot boundary, and

(d)  be located in the rear yard, and

(e)  be constructed of lattice, bamboo, canvas or the like.

cll 2.61, 2.63, 2.71: Am 2009 (74), Sch 1 [12].

Subdivision 32 Rainwater tanks (above ground)

2.63 Specified development

The construction or installation of a rainwater tank above ground is development specified for this code if it is not constructed or installed on land in a foreshore area.

cll 2.61, 2.63, 2.71: Am 2009 (74), Sch 1 [12].

2.64 Development standards

(1)  The standards specified for that development are that the development must:

(a)  if it is on land other than land in Zone RU1, RU2, RU3 or RU4:

(i)  for an educational establishment—not have a capacity of more than 25,000 L, and

(ii)  in any other case—not have a capacity more than 10,000 L, and

(iii)  be located at least 450mm from each lot boundary, if the tank has a height of more than 1.8m above ground level (existing), and

(b)  if it is on land in Zone RU1, RU2, RU3 or RU4—be located at least 10m from each lot boundary, and

(c)  be located behind the building line of any road frontage, and

(d)  not rest on the footings of an existing building for support, and

(e)  not require cut and fill of more than 1m below or above ground level (existing), and

(f)  be fitted with a first-flush device that causes initial run-off rainwater to bypass the tank, and

(g)  have a sign affixed to it stating the water in it is rainwater, and

(h)  be constructed or installed to prevent mosquitoes breeding in it, and

(i)  have its overflow connected to an existing stormwater drainage system that does not discharge to an adjoining property, or cause a nuisance to adjoining owners, and

(j)    (Repealed)

(k)  if it is constructed or installed on or in, or in relation to, a heritage item or a draft heritage item—be located in the rear yard.

(2)  Pumps attached to the development must be housed in a soundproof enclosure.

(3)  If reticulated water is provided to the lot, the development must not be interconnected with any system supplying drinking water to the lot unless it complies with the relevant water authority’s requirements.

(4)  In this clause:

educational establishment means a building or place used for education (including teaching) and includes a pre-school, a school, a tertiary institution that provides formal education (such as a university or TAFE establishment) and an art gallery or museum that is not used to sell the items displayed in it (whether or not the building or place is also used for accommodation for staff or students).

cl 2.64: Am 2009 (387), Sch 1 [62] [63].

Subdivision 33 Rainwater tanks (below ground)

2.65 Specified development

The construction or installation of a rainwater tank below ground is development specified for this code if it is constructed or installed on land in Zone RU1, RU2, RU3 or RU4.

2.66 Development standards

(1)  The standards specified for that development are that the development must:

(a)  be fitted with a first-flush device that causes initial run-off rainwater to bypass the tank, and

(b)  have a sign affixed to it stating the water in it is rainwater, and

(c)  be constructed or installed to prevent mosquitoes breeding in it, and

(d)  have its overflow connected to an existing stormwater drainage system that does not discharge to an adjoining property, or cause a nuisance to adjoining owners, and

(e)  if it is constructed or installed on or in, or in relation to, a heritage item or a draft heritage item—be located in the rear yard.

(2)  Pumps attached to the development must be housed in a soundproof enclosure.

(3)  If reticulated water is provided to the lot, the development must not be interconnected with any system supplying drinking water to the lot unless it complies with the relevant water authority’s requirements.

Subdivision 34 Scaffolding, hoardings and temporary construction site fences

pt 2, div 1, sdiv 34, hdg: Subst 2009 (387), Sch 1 [64].

2.67 Specified development

The construction, installation and removal of a scaffold, hoarding or temporary construction site fence that is used in connection with development that is exempt development or complying development is development specified for this code.

cl 2.67: Subst 2009 (387), Sch 1 [65].

2.68 Development standards

The standards specified for that development are that the development must:

(a)  enclose the works area, and

(b)  if it is a temporary construction site fence adjoining, or on, a public place—be covered in chain wire mesh, and

(c)  be removed immediately after the purpose for which it was erected has finished and no safety issue will arise from its removal.

Note 1—

A structure on public land or on or over a public road requires the prior approval of the relevant authority under the Local Government Act 1993 or the Roads Act 1993, respectively.

Note 2—

The Occupational Health and Safety Act 2000 and Occupational Health and Safety Regulation 2001 contain provisions relating to scaffolds, hoardings and other temporary structures.

cl 2.68: Am 2009 (387), Sch 1 [66] [67].

Subdivision 35 Screen enclosures (of balconies, decks, patios, pergolas, terraces and verandahs)

2.69 Specified development

The construction or installation of a screen by attaching it to a balcony, deck, patio, pergola, terrace or verandah of a dwelling is development specified for this code if it is not constructed or installed on or in, or in relation to, a heritage item or a draft heritage item.

2.70 Development standards

The standards specified for that development are that the development must:

(a)  not have a solid enclosing wall higher than 1.4m above the floor level of the structure it is enclosing, and

(b)  if it encloses a structure attached to the ground level of a single storey dwelling or the upper level of a two storey dwelling—not be higher than the roof gutter line, and

(c)  if it encloses a structure attached to the ground level of a two storey dwelling—not be higher than 3m above the floor level of the structure it is enclosing, and

(d)  if it encloses a freestanding structure—not be higher than 3m above the floor level of the structure it is enclosing, and

(e)  if it encloses a structure attached to the upper level of a two storey dwelling—not enclose an area of more than 9m², and

(f)  be located behind the building line of any road frontage, and

(g)  be located at least 900mm from each lot boundary, and

(h)  to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and

(i)  if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and

(j)  have at least two-thirds of its perimeter comprising open screen mesh material, and

(k)  if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and

(l)  if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—not be attached to any balcony, deck, patio, pergola, terrace or verandah that faces any road.

cl 2.70: Am 2009 (387), Sch 1 [68] [69]; 2010 No 59, Sch 2.87 [1].

Subdivision 36 Shade structures of canvas, fabric, mesh or the like

2.71 Specified development

The construction or installation of a shade structure of canvas, fabric, mesh or the like is development specified for this code if it is not constructed or installed on land in a foreshore area.

Note—

See separate entry for awnings, blinds and canopies.

cl 2.71: Am 2009 (74), Sch 1 [12].

2.72 Development standards

The standards specified for that development are that the development must:

(a)  be for domestic purposes only, and

(b)  not have an area more than 15m², and

(c)  not cause the total area of all such structures on the lot to be more than 15% of the ground floor area of the dwelling on the lot, and

(d)  not be higher than 3m from ground level (existing), and

(e)  be located at least 900mm from each lot boundary, and

(f)  be located behind the building line of any road frontage, and

(g)  to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and

(h)  if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and

(i)  not interfere with the functioning of existing drainage fixtures or flow paths, and

(j)  if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and

(k)  if it is constructed or installed on or in, or in relation to, a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.

cl 2.72: Am 2010 No 59, Sch 2.87 [1].

Subdivision 36A Signage (replacement of identification signs)

pt 2, div 1, sdiv 36A (cll 2.72A, 2.72B): In 2009 (387), Sch 1 [70].

2.72A Specified development

The replacement of:

(a)  an existing building identification sign or the content of such a sign, or

(b)  an existing business identification sign or the content of such a sign,

is development specified for this code.

pt 2, div 1, sdiv 36A (cll 2.72A, 2.72B): In 2009 (387), Sch 1 [70].

2.72B Development standards

The standards specified for that development are that the development must:

(a)  replace a lawful sign, and

(b)  not be greater in size than the sign that is replaced, and

(c)  not be a sign that is flashing or animated, and

(d)  not involve any alteration to the structure or vessel on which the sign is displayed, and

(e)  not obstruct or interfere with traffic signs.

Note—

The Summary Offences Act 1988 regulates or prohibits certain business signs.

pt 2, div 1, sdiv 36A (cll 2.72A, 2.72B): In 2009 (387), Sch 1 [70].

Subdivision 37 Skylights, roof windows and ventilators

2.73 Specified development

The construction or installation of a skylight, roof window or ventilator is development specified for this code if it is not constructed or installed on or in, or in relation to, a heritage item or a draft heritage item.

2.74 Development standards

The standards specified for that development are that the development must:

(aa)  be for domestic purposes only, and

(a)  not cause the total area of all such structures to be more than 2% of the total roof area of the building, and

(b)  be located at least 900mm from each lot boundary, and

(c)  be located at least 900mm from a wall separating attached dwellings, and

(d)  be constructed or installed so that any opening created is adequately weather proofed, and

(e)  not involve work that reduces the structural integrity of the building, and

(f)  if located on bush fire prone land—be adequately sealed or protected to prevent entry of embers, and

(g)  if constructed or installed in a heritage conservation area or a draft heritage conservation area—not be visible from any road frontage.

cl 2.74: Am 2009 (387), Sch 1 [71].

Subdivision 38

2.75, 2.76  (Repealed)

pt 2, div 1, sdiv 38 (cll 2.75, 2.76): Rep 2009 (74), Sch 1 [25].

Subdivision 39 Temporary builders’ structures

2.77 Specified development

The construction or installation of a building site shed, office or associated amenities structure is development specified for this code.

2.78 Development standards

The standards specified for that development are that the development must:

(a)  be located on the lot in relation to which a development consent has been granted, and

(b)  if it contains plumbing fixtures, have those fixtures connected to an approved waste water treatment device or an approved connection to the sewer, and

(c)  not be used for residential purposes, and

(d)    (Repealed)

(e)  be removed from the lot immediately after completion of the works for which the development consent was granted.

cl 2.78: Am 2009 (387), Sch 1 [72].

Subdivision 40 Water features and ponds

2.79 Specified development

The construction or installation of a water feature or pond is development specified for this code if it is not constructed or installed on or in, or in relation to, a heritage item or a draft heritage item.

2.80 Development standards

The standards specified for that development are that the development must:

(a)  not have a water depth of more than 300mm, and

(a1)  not have a surface area of more than 10m², and

(b)  if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.

cl 2.80: Am 2009 (387), Sch 1 [73].

Subdivision 41 Windmills

2.81 Specified development

The construction or installation of a windmill that is not for commercial power generation is development specified for this code if it is constructed or installed on land in Zone RU1, RU2, RU3 or RU4.

2.82 Development standards

The standards specified for that development are that the development must:

(a)  be free standing, and

(b)  be designed by a professional engineer.

Division 2 City of Sydney Special Events Code

pt 2, div 2 (cll 2.83, 2.84): Ins 2010 (244), Sch 1 [5].

2.83 Specified development

The operation of, and trading on, premises to which a hotel licence or club licence under the Liquor Act 2007 relates during the periods prescribed by clause 38B of the Liquor Regulation 2008 (the extended trading hours), if the premises:

(a)  are situated on land within the City of Sydney for which there is a development consent or an approval under Part 3A of the Act under which the development may be carried out at times other than the extended trading hours, and

(b)  are not situated wholly or partly within a freeze precinct (within the meaning of Division 1A of Part 4 of the Liquor Act 2007) while the freeze period (as referred to in that Division) applies to that precinct.

pt 2, div 2 (cll 2.83, 2.84): Ins 2010 (244), Sch 1 [5].

2.84 Development standards

(1)  The standard specified for that development is that the development must not contravene any terms of a development consent, or approval under Part 3A of the Act, that is applicable to the development when carried out at times other than during the extended trading hours.

(2)  This clause does not apply to any term of a consent or approval that sets out or restricts the hours of operation of or trading on premises.

pt 2, div 2 (cll 2.83, 2.84): Ins 2010 (244), Sch 1 [5].

Part 3 General Housing Code

Note 1—

Schedule 3 contains variations to this code.

Note 2—

In addition to the requirements specified for development under this code, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to development in this code may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993, the Swimming Pools Act 1992 and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.

pt 3, note: Subst 2009 (387), Sch 1 [74].

Division 1 Development that is complying development under this code

3.1 New single storey and two storey dwelling houses

The erection of a new single storey or two storey dwelling house on a lot that:

(a)  has an area of at least 450m², and

(b)  is in Zone R1, R2, R3 or R4,

is development specified for this code.

3.2 Existing single storey and two storey dwelling houses

Alterations or additions to an existing single storey or two storey dwelling house or addition of a second storey to an existing single storey dwelling house on a lot that:

(a)  has an area of at least 450m², and

(b)  is in Zone R1, R2, R3, R4, R5, RU1, RU2, RU3, RU4 or RU5,

is development specified for this code, other than development that is specified for the Housing Internal Alterations Code.

cl 3.2: Am 2009 (387), Sch 1 [75].

3.3 Basements and roof terraces excluded

(1)  The erection of a basement, either as part of a new dwelling house or as an addition or alteration to an existing dwelling house, is not included in development that is specified for this code.

(2)  The erection of a roof terrace on the topmost roof of:

(a)  an existing or a new dwelling house, or

(b)  an existing or a new outbuilding that is detached from a dwelling house,

is not included in development that is specified for this code.

cl 3.3: Am 2009 (387), Sch 1 [76].

3.4 Ancillary development

The erection of new ancillary development or alterations or additions to existing ancillary development on a lot that:

(a)  has an area of at least 450m², and

(b)  is in Zone R1, R2, R3, R4, R5, RU1, RU2, RU3, RU4 or RU5,

is development specified for this code.

3.5 Demolition or removal of dwelling houses or ancillary development

The demolition or removal of an existing single storey or two storey dwelling house or ancillary development on a lot that:

(a)  has an area of at least 450m², and

(b)  is in Zone R1, R2, R3, R4, R5, RU1, RU2, RU3, RU4 or RU5,

is development specified for this code.

3.6 Calculating lot area

For the purpose of calculating the area of a lot, the area of the access laneway is excluded if it is a battle-axe lot.

Division 2 Development standards for this code

Subdivision 1 Application

3.7 Application of development standards

This Division sets out the specified development standards that apply to development specified for this code.

Subdivision 2 Site requirements

3.8 Lot requirements

(1)  Development specified for this code may only be carried out on a lot that:

(a)  at the completion of the development will have only one dwelling house, and

(b)  if it is not a battle-axe lot, has a boundary with a primary road, measured at the building line, of at least the following:

(i)  12m, if the lot has an area of at least 450m² but less than 900m²,

(ii)  15m, if the lot has an area of more than 900m² but less than 1500m²,

(iii)  18m, if the lot has an area of at least 1500m², and

(c)  if it is a battle-axe lot, has an access laneway of at least 3m in width and measuring at least 12m × 12m, excluding the access laneway.

(2)  A lot on which a new single storey or two storey dwelling house is erected must have lawful access to a public road.

cl 3.8: Am 2009 (74), Sch 1 [26].

3.9 Maximum site coverage of all development

(1)  The site coverage of the dwelling house and all ancillary development on a lot must not be more than the following:

(a)  50 per cent of the area of the lot, if the lot has an area of at least 450m² but less than 900m²,

(b)  40 per cent of the area of the lot, if the lot has an area of at least 900m² but less than 1500m²,

(c)  30 per cent of the area of the lot, if the lot has an area of at least than 1500m².

(2)  For the purpose of calculating the site coverage in subclause (1), the area of any of the following is not included:

(a)  an access ramp,

(b)  that part of an awning, blind or canopy that is outside the outer wall of a building,

(c)  a balcony, deck, patio, pergola, terrace or verandah attached to the dwelling house that is not enclosed by a wall higher than 1.4m above the floor level,

(d)  an eave,

(e)  a driveway,

(f)  a farm building,

(g)  a fence or screen,

(h)  a pathway or paving,

(i)  a rainwater tank that is attached to the dwelling house,

(j)  a swimming pool or spa pool.

Note—

Ancillary development is defined in clause 1.5 (1) to exclude development that is exempt development under this Policy.

3.10 Maximum floor area for dwelling houses

(1)  The floor area of a dwelling house and any carport, garage, balcony, deck, patio, pergola, terrace or verandah attached to the dwelling house and enclosed by a wall (other than the external wall of a dwelling house) higher than 1.4m above the floor level on a lot must not be more than the following:

(a)  330m², if the lot has an area of at least 450m² but less than 600m²,

(b)  380m², if the lot has an area of at least 600m² but less than 900m²,

(c)  430m², if the lot has an area of at least 900m².

(2)  For the purpose of calculating the floor area in subclause (1):

floor area means the sum of the areas of each storey of the dwelling house and carport, garage, balcony, deck, patio, pergola, terrace or verandah, measured at a height of 1.4m above each floor level, where the area is taken to be the area within the outer face of:

(a)  the external walls of the dwelling house, and

(b)  the walls of the carport, garage, balcony, deck, patio, pergola, terrace or verandah,

but excluding any of the following:

(c)  any part of an awning, blind or canopy that is outside the outer wall of a building,

(d)  an eave,

(e)  a lift shaft,

(f)  a stairway,

(g)  a void above a lower storey.

cl 3.10: Am 2009 No 56, Sch 2.62 [1]; 2009 (387), Sch 1 [77].

3.11 Maximum floor area for outbuildings

(1)  The floor area of an outbuilding on a lot in Zone RU1, RU2, RU3 or RU4 must not be more than:

(a)  500m², if the only purpose of the outbuilding is for agricultural use, or

(b)  100m² in any other case.

(2)  The floor area of any outbuilding on a lot in Zone R1, R2, R3, R4, R5 or RU5 must not be more than:

(a)  45m², if the lot has an area of at least 450m² but less than 600m², or

(b)  60m², if the lot has an area of at least 600m² but less than 900m², or

(c)  100m², if the lot has an area of at least 900m².

(3)  For the purpose of calculating the floor area in subclauses (1) and (2):

floor area means the sum of the areas of each storey of the outbuilding, measured at a height of 1.4m above each floor level, where the area of each storey is taken to be the area within the outer face of:

(a)  the external walls of the outbuilding if it is enclosed, and

(b)  the supporting columns or posts of the outbuilding if it is not enclosed,

but excluding any of the following:

(c)  any part of an awning, blind or canopy that is outside the outer wall of a building,

(d)  an eave,

(e)  a stairway.

cl 3.11: Am 2009 No 56, Sch 2.62 [2]; 2009 (387), Sch 1 [78]–[81].

3.12 Maximum floor area for balconies, decks, patios, pergolas, terraces and verandahs

(1)  The maximum floor area of a balcony, deck, patio, pergola, terrace or verandah attached to a dwelling house with a floor level of more than 3m above ground level (existing) is 12m².

(2)  For the purpose of calculating the floor area in subclause (1):

floor area means the area of the balcony, deck, patio, pergola, terrace or verandah, measured at the floor level, where the area is taken to be the area within the outer face of:

(a)  the external walls, if the balcony, deck, patio, pergola, terrace or verandah is enclosed, or

(b)  the balustrade or other safety barrier if the balcony, deck, patio, pergola, terrace or verandah, is not enclosed.

cl 3.12: Am 2009 (387), Sch 1 [82] [83].

Subdivision 3 Building heights and setbacks

3.13 Building heights of dwelling houses and outbuildings

(1)  The maximum building height of a new dwelling house or the alterations and additions to an existing dwelling house must not be more than 8.5m above ground level (existing).

(2)  The maximum building height of a new outbuilding or the alterations and additions to an existing outbuilding on a lot in Zone R1, R2, R3, R4, R5 or RU5 must not be more than 4.8m above ground level (existing).

(3)  The maximum building height of a new outbuilding or the alterations and additions to an existing outbuilding on a lot in Zone RU1, RU2, RU3 or RU4 must not be more than 7m above ground level (existing).

cl 3.13: Subst 2009 (387), Sch 1 [84].

3.14 Setbacks of dwelling houses and ancillary development from roads, other than classified roads

(1)  A dwelling house and all ancillary development on a lot in Zone R1, R2, R3, R4, R5 or RU5 must have a setback from the boundary with a primary road that is not a classified road of at least:

(a)  the average distance of the setbacks of the nearest 2 dwelling houses having a boundary with the same primary road and located within 40m of the lot on which the dwelling house is erected, or

(b)  in any case where 2 dwelling houses are not located within 40m of the lot:

(i)  4.5m, if the lot has an area of at least 450m² but less than 900m², or

(ii)  6.5m, if the lot has an area of at least 900m² but less than 1500m², or

(iii)  10m, if the lot has an area of at least 1500m².

(2)  A dwelling house and all ancillary development on a lot in Zone R1, R2, R3, R4, R5 or RU5 must have a setback from a boundary with a secondary road that is not a classified road of at least the following:

(a)  2m, if the lot has an area of at least 450m² but less than 600m², or

(b)  3m, if the lot has an area of at least 600m² but less than 1500m², or

(c)  5m, if the lot has an area of at least 1500m².

(3)  A dwelling house and all ancillary development on a lot in Zone R1, R2, R3, R4, R5 or RU5 must have a setback from a boundary with a parallel road that is not a classified road of at least:

(a)  the average distance of the setbacks of the nearest 2 dwelling houses having a boundary with the same parallel road and located within 40m of the lot on which the dwelling house is erected, or

(b)  in any case where 2 dwelling houses are not located within 40m of the lot:

(i)  4.5m, if the lot has an area of at least 450m² but less than 900m², or

(ii)  6.5m, if the lot has an area of at least 900m² but less than 1500m², or

(iii)  10m, if the lot has an area of at least 1500m².

(4)  A dwelling house and all ancillary development on a lot in Zone RU1, RU2, RU3 or RU4 must have a setback from a boundary with any road that is not a classified road of at least 10m.

cl 3.14: Am 2009 (74), Sch 1 [27] [28].

3.15 Setbacks of dwelling houses and ancillary development from classified roads

A dwelling house and all ancillary development on a lot must have a setback from a boundary with a classified road of at least:

(a)  if another environmental planning instrument applying to the lot establishes a setback for a dwelling house having a boundary with a classified road, that distance, or

(b)  9m in any other case.

3.16 Setbacks of dwelling houses from side boundaries

(1)  This clause applies to a dwelling house and any carport, garage, balcony, deck, patio, pergola, terrace or verandah that is attached to the dwelling house (a building).

(2)  Any point of a building, on a lot in Zone R1, R2, R3, R4, R5 or RU5, that has a building height of 3.8m or less on its building line at that point must have a setback from the side boundary nearest to that point of at least the following distance:

(a)  if the lot has an area of at least 450m² but less than 900m²—900mm,

(b)  if the lot has an area of at least 900m² but less than 1500m²—1.5m,

(c)  if the lot has an area of at least 1500m²—2.5m.

(3)  Any point of a building, on a lot in Zone R1, R2, R3, R4, R5 or RU5, that has a building height of more than 3.8m on its building line at that point must have a setback from the side boundary nearest to that point of at least the sum of:

(a)  the distance of the setback specified for the relevant sized lot in subclause (2), and

(b)  a distance that is equal to one-quarter of the additional building height above 3.8m.

(4)  A building on a lot in Zone RU1, RU2, RU3 or RU4 must have a setback from a side boundary of at least 10m.

cll 3.16, 3.17: Am 2009 (387), Sch 1 [85] [86] (am 2009 No 106, Sch 2.40). Subst 2010 (135), Sch 1 [11].

3.17 Setbacks of dwelling houses from rear boundaries

(1)  This clause applies to a dwelling house and any carport, garage, balcony, deck, patio, pergola, terrace or verandah that is attached to the dwelling house (a building).

(2)  Any point of a building, on a lot in Zone R1, R2, R3, R4, R5 or RU5, that has a building height of 3.8m or less on its building line at that point must have a setback from the rear boundary of at least the following distance:

(a)  if the lot has an area of at least 450m² but less than 900m²—3m,

(b)  if the lot has an area of at least 900m² but less than 1500m²—5m,

(c)  if the lot has an area of at least 1500m²—10m.

(3)  Any point of a building, on a lot in Zone R1, R2, R3, R4, R5 or RU5, that has a building height of more than 3.8m on its building line at that point must have a setback from the rear boundary of at least the following distance:

(a)  if the lot has an area of at least 450m² but less than 900m²—3m, plus an amount that is equal to three times the additional building height above 3.8m, up to a maximum of 8m,

(b)  if the lot has an area of at least 900m² but less than 1500m²—5m, plus an amount that is equal to three times the additional building height above 3.8m, up to a maximum of 12m,

(c)  if the lot has an area of at least 1500m²—10m, plus an amount that is equal to three times the additional building height above 3.8m, up to a maximum of 15m.

(4)  Despite subclauses (2) and (3), a building on a lot in Zone R1, R2, R3, R4 or RU5 that has a rear boundary with a laneway may have a building line that abuts that boundary for up to 50 per cent of the length of that boundary.

(5)  A building on a lot in Zone RU1, RU2, RU3 or RU4 must have a setback from the rear boundary of at least 10m.

cll 3.16, 3.17: Am 2009 (387), Sch 1 [85] [86] (am 2009 No 106, Sch 2.40). Subst 2010 (135), Sch 1 [11].

3.18 Setbacks of new outbuildings from side and rear boundaries

(1)  A new outbuilding, or alterations and additions to an existing outbuilding, with a building height, on the building line, of up to 3.8m on a lot in Zone R1, R2, R3, R4, R5 or RU5 must have a setback from a side or rear boundary of at least the following:

(a)  900mm, if the lot has an area of at least 450m² but less than 900m²,

(b)  1.5m, if the lot has an area of at least 900m² but less than 1500m²,

(c)  2.5m, if the lot has an area of at least 1500m².

(2)  A new outbuilding, or alterations and additions to an existing outbuilding, with a building height, on the building line, of more than 3.8m on a lot in Zone R1, R2, R3, R4, R5 or RU5 must have a setback from a side or rear boundary of at least the sum of:

(a)  the amount of the setback specified for the relevant sized lot in subclause (1), and

(b)  an amount that is equal to one-quarter of the additional building height above 3.8m.

(3)  A new outbuilding, or alterations and additions to an existing outbuilding, on a lot in Zone RU1, RU2, RU3 or RU4 must have a setback from a side or rear boundary of at least 10m, if the only purpose of the outbuilding is for agricultural use, or 5m in any other case.

cl 3.18: Am 2009 (387), Sch 1 [87]; 2010 (135), Sch 1 [12] [13].

3.19 Exceptions to setbacks

Despite any other clause in this Subdivision:

(a)  a dwelling house or an outbuilding must have a setback of at least 3m from a boundary with a public reserve, and

(b)  side and rear setbacks and setbacks from the boundary with a road do not apply to the existing parts of a dwelling house or ancillary development where it is proposed to carry out any of the following:

(i)  alterations or additions to an existing dwelling house,

(ii)  alterations or additions to existing ancillary development,

(iii)  the demolition or removal of an existing dwelling house or ancillary development, and

(c)  side and rear setbacks and setbacks from the boundary with a road do not apply to allowable encroachments permitted under clause 3.7.1.7 of Volume 2 of the Building Code of Australia or any eave or roof overhang that has a horizontal width of not more than 450mm.

Note—

The allowable encroachments permitted under clause 3.7.1.7 of Volume Two of the Building Code of Australia include fascias, gutters, downpipes, rainwater tanks, chimneys, flues, domestic fuel tanks, cooling or heating appliances, light fittings, electricity and gas meters, aerials, antennae, pergolas, sun blinds, unroofed terraces, landings, steps and certain ramps.

cl 3.19: Am 2009 (387), Sch 1 [88].

3.20 Calculating setbacks

(1)  For the purpose of calculating the setback of an existing dwelling house, the location of any of the following is not included:

(a)  any part of an existing garage or carport that is located between the building line of the dwelling house and a boundary with the primary road,

(b)  any existing building element of a dwelling house that is located within the articulation zone.

(2)  For the purpose of calculating the setbacks of the nearest two dwelling houses, those dwelling houses must be on the same side of the road as the lot.

(3)  For the purpose of calculating the setbacks of a new dwelling house, any building element that is permitted in the articulation zone is not included.

(4), (5)    (Repealed)

(6)  For the purpose of calculating the setback from a road, a reference to ancillary development does not include the following:

(a)  a driveway, pathway or paving,

(b)  an eave,

(c)  a fence or screen,

(d)  a retaining wall,

(e)  any ancillary development that is a building element that is permitted in the articulation zone.

cl 3.20: Am 2010 (135), Sch 1 [14].

3.21 Articulation zone

(1)  A new dwelling house, other than a dwelling house on a battle-axe lot, must have a front door and a window to a habitable room in the building wall that faces a primary road.

(2)  A new dwelling house, other than a dwelling house on a battle-axe lot, must have a door and a window to a habitable room in the building wall that faces a parallel road.

(3)  A dwelling house, other than a dwelling house that has a setback from a primary road of less than 3m, may incorporate an articulation zone to a primary road.

3.22 Building elements within the articulation zone

(1)  The following building elements are permitted in an articulation zone:

(a)  an entry feature or portico,

(b)  a balcony, deck, patio, pergola, terrace or verandah,

(c)  a window box treatment,

(d)  a bay window or similar feature,

(e)  an awning or other feature over a window,

(f)  a sun shading feature.

(2)  A building element must not extend above the eave gutter line, other than a pitched roof to an entry feature or portico that has the same pitch as the roof on the dwelling house.

(3)  The maximum area of all building elements within the articulation zone, other than a building element listed in subclause (1) (e) or (f), must not be more than 25 per cent of the area of the articulation zone, measured through the horizontal plane of the elements.

3.23 Privacy

(1)  A window in a new dwelling house or a new window in any alterations or additions to an existing dwelling house must have a privacy screen if:

(a)  it is a window in a habitable room, other than a bedroom, that has a floor level of more than 1m above ground level (existing), and

(b)  the wall in which the window is located has a setback of less than 3 metres from a side or rear boundary, and

(c)  the window has a sill height of less than 1.5m.

(2)  A new balcony, deck, patio, pergola, terrace or verandah and any alterations to an existing balcony, deck, patio, pergola, terrace or verandah must have a privacy screen if it:

(a)  has a setback of less than 3m from a side or rear boundary, and

(b)  has a floor area more than 3m², and

(c)  has a floor level more than 1 metre above ground level (existing).

(3)  A detached deck, patio, pergola or terrace or any alterations or additions to an existing deck, patio, pergola or terrace must not have a floor level that is more than 600mm above ground level (existing).

(4)  In this clause, privacy screen means a screen that:

(a)  faces the boundary identified in subclause (2) (a), and

(b)  is 1.5m high, measured from the floor level, and

(c)  has no individual opening more than 30mm wide, and

(d)  has a total of all openings less than 30 per cent of the surface area of the screen.

cl 3.23: Am 2009 (387), Sch 1 [89]–[91].

Subdivision 4 Landscaping

3.24 Landscaped area

(1)  A lot on which development specified for this code is carried out must have a landscaped area of at least the following:

(a)  20%, if the lot has an area of at least 450m² but less than 600m²,

(b)  25%, if the lot has an area of at least 600m² but less than 900m²,

(c)  35%, if the lot has an area of at least 900m² but less than 1500m²,

(d)  45%, if the lot has an area of at least 1500m².

(2)  At least 50% of the landscaped area must be located behind the building line to the primary road boundary.

(3)  The landscaped area must be at least 2.5 wide.

3.25 Principal private open space

(1)  A lot on which a new dwelling house is erected must have at least 24m² of principal private open space.

(2)  In this clause, principal private open space means an area that:

(a)  is directly accessible from, and adjacent to, a habitable room, other than a bedroom, and

(b)  is at least 4m wide, and

(c)  is not steeper than 1:50 gradient.

cl 3.25: Am 2009 (387), Sch 1 [92].

Subdivision 5 Car parking and access

3.26 Car parking requirements

(1)  At least one off-street car parking space must be provided on the lot on which a new dwelling house is erected.

(2)  At least one off-street car parking space must be retained on a lot on which alterations or additions to an existing car parking space are carried out.

(3)  A car parking space under this clause may be an open hard stand space or a carport or garage, whether attached to or detached from the dwelling house.

3.27 Garages, carports and car parking spaces

(1)  A garage, carport or car parking space must:

(a)  be at least 1m behind the building line, where the dwelling house has a setback from a road boundary of 4.5m or more, or

(b)  be at least 5.5m from a road boundary, where the dwelling house has a setback of less than 4.5m.

(2)  If the door or doors on a garage face a primary road, a secondary road or a parallel road, the total width of all those door openings must:

(a)  be not more than 6m, and

(b)  if the lot has a frontage of more than 15m—be not more than 50 per cent of the width of the building, measured at the building line to the relevant property boundary, and

(c)  if the lot has a frontage of not more than 15m—be not more than 60 per cent of the width of the building, measured at the building line to the relevant property boundary.

(3)  An open hard stand car parking space must measure at least 2.6m wide by 5.4m long.

cl 3.27: Am 2010 (135), Sch 1 [15].

3.28 Vehicle access

(1)  A lot on which an off-street car parking space is provided or retained under clause 3.26 must have a driveway to a public road.

(2)  A driveway on a lot must be constructed in accordance with Australian Standard AS 2890.1—1993, Parking facilities—Off-street car parking.

Note—

Clause 2.28 applies to the construction or installation of a driveway as exempt development.

cl 3.28: Subst 2009 (74), Sch 1 [29].

Subdivision 6 Earthworks and drainage

3.29 Excavation of sloping sites

(1)  Excavation associated with the erection of, or alterations or additions to, a dwelling house or ancillary development (other than a swimming pool) must:

(a)  be not more than 1m below ground level (existing), and

(b)  be constructed using a retaining wall or unprotected embankment that meets the standards of subclause (2) or (3), respectively.

(2)  A retaining wall:

(a)  must not redirect the flow of surface water onto adjoining property, and

(b)  must not extend more than 2m horizontally from any external wall of the dwelling house or ancillary development.

(3)  An unprotected embankment must not extend more than 2m horizontally beyond the external wall of the dwelling house or ancillary development.

(4)  Excavation associated with the erection of, or alterations or additions to, a swimming pool must be not more than the depth required for the pool structure.

cl 3.29: Am 2009 (74), Sch 1 [30] [31]; 2010 (135), Sch 1 [16] [17].

3.30 Fill of sloping sites

(1)  Fill associated with the erection of, or an alteration or addition to, a dwelling house or ancillary development must:

(a)  be contained wholly within the footprint of the dwelling house or ancillary development, or

(b)  be adequately contained by a retaining wall that:

(i)  is not higher than 600mm (including the height of any batters) above ground level (existing), and

(ii)  does not redirect the flow of surface water onto adjoining property.

(2)  Despite subclause (1), exposed fill may be constructed using an unprotected embankment if the dwelling house or ancillary development has a setback of more than 2m from a side or rear boundary, if:

(a)  the fill is not more than 600mm above ground level (existing), and

(b)  the fill (but not the embankment) does not extend more than 1m beyond an external wall of the dwelling house or ancillary development, and

(c)  the toe of the unprotected embankment has a setback of at least 400mm from a side or rear boundary.

cl 3.30: Am 2009 (74), Sch 1 [32]; 2010 (135), Sch 1 [18].

3.31 Run-off and erosion controls

Run-off and erosion controls must be implemented to prevent soil erosion, water pollution or the discharge of loose sediment on the surrounding land by:

(a)  diverting uncontaminated run-off around cleared or disturbed areas, and

(b)  erecting a silt fence to prevent debris escaping into drainage systems and waterways, and

(c)  preventing tracking of sediment by vehicles onto roads, and

(d)  stockpiling top soil, excavated materials, construction and landscaping supplies and debris within the lot.

3.32 Drainage

(1)  All stormwater drainage collecting as a result of the erection of, or alterations or additions to, a dwelling house or ancillary development must be conveyed by a gravity fed or charged system to:

(a)  a public drainage system, or

(b)  an inter-allotment drainage system, or

(c)  an on-site disposal system.

(2)  All stormwater drainage systems within a lot and the connection to a public or an inter-allotment drainage system must:

(a)  if an approval is required under section 68 of the Local Government Act 1993, be approved under that Act, or

(b)  if an approval is not required under section 68 of the Local Government Act 1993, comply with any requirements for the disposal of stormwater drainage contained in a development control plan that is applicable to the land.

cl 3.32: Subst 2009 (74), Sch 1 [33].

Subdivision 7 Ancillary development

3.33 Demolition or removal of dwelling houses and ancillary development

(1)  An existing dwelling house or ancillary development that is to be demolished or relocated must:

(a)  be disconnected from any essential service in accordance with the requirements of the relevant authority, and

(b)  not be relocated on the same lot or to a different lot, except in accordance with the development standards in this Division.

(2)  All demolition must be carried out in accordance with Australian Standard AS 2601—2001, The demolition of structures.

cl 3.33: Am 2009 (74), Sch 1 [34] [35]; 2009 (603), Sch 1 [2]; 2010 No 59, Sch 2.87 [2].

3.34 Swimming pools

(1)  Ancillary development comprising a swimming pool for private use must be located on a lot:

(a)  behind the setback area from a primary road, or

(b)  in the rear yard.

(2)  The swimming pool water line must have a setback of at least 1m from a side or rear boundary.

(3)  Decking around a swimming pool must not be more than 600mm above ground level (existing).

(4)  Coping around a swimming pool must not be more than:

(a)  1.4m above ground level (existing), or

(b)  300mm wide if the coping is more than 600mm above ground level (existing).

(5)  Water from a swimming pool must be discharged in accordance with an approval under the Local Government Act 1993 if the lot is not connected to a sewer main.

Note—

A child-resistant barrier must be constructed or installed in accordance with the requirements of the Swimming Pools Act 1992.

3.35 Fences and retaining walls

(1)  A fence and any associated retaining wall located within the setback area from a primary road must:

(a)  not be more than 1.2m above ground level (existing), and

(b)  be open for at least 50 per cent of the upper ⅔ of the area of the fence, and

(c)  in relation to any brick or other solid portion of the fence above 600mm, be not more than 250mm wide.

(2)  A fence and any associated retaining wall located behind the setback area from a primary road or any side or rear boundary fence must not be more than 1.8m above ground level (existing).

(3)  A retaining wall or embankment that is not subject to Subdivision 6 must not have a height above or below ground level (existing) of more than:

(a)  600mm at any distance up to 500mm from a side or rear boundary, or

(b)  1m at any distance more than 500mm from a side or rear boundary.

(4)  The fence or the fence and associated retaining wall on a sloping lot may be stepped, provided the height of each step is not more than:

(a)  1.6m above ground level (existing) if it is located within a setback area from a primary road, or

(b)  2.2m above ground level (existing) in any other case.

(4A)  If the land on which a fence or retaining wall is to be erected is bush fire prone land, the fence or retaining wall must be constructed from non combustible materials.

(5)  All fill on a lot that is not subject to Subdivision 6 must be retained by a retaining wall.

(6)  Fill more than 150mm deep must not occupy an area of more than 50 per cent of the landscaped area of the lot.

cl 3.35: Am 2010 (135), Sch 1 [19].

3.36 Construction of fences

(1)  A fence must not incorporate barbed wire in its construction or be electrified, unless the fence is on a lot in Zone RU1, RU2, RU3 or RU4.

(2)  If the land on which a fence is to be erected is bush fire prone land, the fence must be constructed from non combustible materials.

(3)  Metal used in the construction of a fence must be low reflective and factory pre-coloured.

(4)  A fence must not be constructed so as to redirect the overland flow of surface water onto adjoining properties.

cl 3.36: Am 2009 (74), Sch 1 [36]; 2010 (135), Sch 1 [20].

Division 3 Conditions applying to complying development certificate under this code

Note—

Complying development must comply with the requirements of the Act, the Environmental Planning and Assessment Regulation 2000 and the conditions listed in this Part.

Note—

A contributions plan setting out the contribution requirements towards the provision or improvement of public amenities or public services may specify that an accredited certifier must, under section 94EC of the Act, impose a condition on a complying development certificate requiring the payment of a monetary contribution in accordance with that plan.

Subdivision 1 Conditions applying before works commence

3.37 Protection of adjoining areas

(1)  A temporary hoarding or temporary construction site fence must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of works if the works:

(a)  could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic, or

(b)  could cause damage to adjoining lands by falling objects, or

(c)  involve the enclosure of a public place or part of a public place.

(2), (3)    (Repealed)

Note—

See the entry in the General Exempt Development Code for scaffolding, hoardings and temporary construction site fences.

cl 3.37: Am 2009 (387), Sch 1 [93]–[95].

3.38 Toilet facilities

(1)  Toilet facilities must be available or provided at the work site before works begin and must be maintained until the works are completed at a ratio of one toilet plus one additional toilet for every 20 persons employed at the site.

(2)  Each toilet must:

(a)  be a standard flushing toilet connected to a public sewer, or

(b)  have an on-site effluent disposal system approved under the Local Government Act 1993, or

(c)  be a temporary chemical closet approved under the Local Government Act 1993.

3.39 Garbage receptacle

(1)  A garbage receptacle must be provided at the work site before works begin and must be maintained until the works are completed.

(2)  The garbage receptacle must have a tight fitting lid and be suitable for the reception of food scraps and papers.

3.39A Notification to neighbours

The person having the benefit of the complying development certificate must give at least 2 days’ notice in writing of the intention to commence the works to the owner or occupier of each dwelling that is situated within 20m of the lot on which the works will be carried out.

cl 3.39A: Ins 2009 (387), Sch 1 [96].

Subdivision 2 Conditions applying during the works

Note—

The Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Noise Control) Regulation 2008 contain provisions relating to noise.

3.40 Hours of construction or demolition

Construction or demolition may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no construction or demolition is to be carried out at any time on a Sunday or a public holiday.

cl 3.40: Am 2009 (387), Sch 1 [97].

3.41 Compliance with plans

Works must be carried out in accordance with the plans and specifications to which the complying development certificate relates.

3.42 Sedimentation and erosion controls

Run-off and erosion controls must be effectively maintained until the site has been stabilised and landscaped.

3.43 Maintenance of site

(1)  Building materials and equipment must be stored wholly within the work site unless an approval to store them elsewhere is held.

(2)  Demolition materials and waste materials must be disposed of at a waste management facility.

(3)  The work site must be left clear of waste and debris at the completion of the works.

Subdivision 3 Construction requirements

3.44 Staging construction

(1)  If the complying development is the erection of, or alterations or additions to, a dwelling house, the roof stormwater drainage system must be installed and connected to the drainage system before the roof covering is installed.

(2)  Any approval that is required for connection to the drainage system under the Local Government Act 1993 must be held before the connection is carried out.

(3)  If the complying development involves the construction of a vehicular access point, the access point must be completed before the occupation certificate for the complying development on the site is obtained.

3.45 Utility services

If the complying development requires alteration to, or the relocation of, utility services on the lot on which the complying development is carried out, the complying development is not complete until all such works are carried out.

Part 4 Housing Internal Alterations Code

Note 1—

Schedule 3 contains variations to this code.

Note 2—

In addition to the requirements specified for development under this code, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to development in this code may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993, the Swimming Pools Act 1992 and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.

pt 4: Ins 2009 (387), Sch 1 [98].

Division 1 Specified development and development standards under this code

pt 4, div 1: Ins 2009 (387), Sch 1 [98]. Subst 2010 (135), Sch 1 [21].

Subdivision 1 Internal alterations

pt 4, div 1, sdiv 1: Ins 2010 (135), Sch 1 [21].

4.1 Specified complying development

Internal alterations to an existing dwelling or existing ancillary development that is associated with a dwelling, other than development that is the erection or conversion of a basement to an existing dwelling, is development specified for this code.

Note—

See the entry for minor building alterations (internal) in the General Exempt Development Code.

cl 4.1: Ins 2009 (387), Sch 1 [98]. Subst 2010 (135), Sch 1 [21].

4.1A Development standards

The standards specified for that development are that the development:

(a)  must not result in a change of classification of the building under the Act or the Building Code of Australia, and

(b)  must not result in any additional separate dwelling, and

(c)  if it relates to a building on land in the Sydney region, as declared under section 4 (6) of the Act, or in the local government area of Newcastle or Wollongong—must be to a building, other than a dwelling house, that was approved for subdivision under the Strata Schemes (Freehold Development) Act 1973 or has an occupation certificate issued after 28 January 2000.

cl 4.1A: Ins 2009 (603), Sch 1 [3]. Subst 2010 (135), Sch 1 [21].

Subdivision 2 Demolition

pt 4, div 1, sdiv 2: Ins 2010 (135), Sch 1 [21].

4.1B Specified development

Demolition of development that would be complying development under this code if it were being constructed or installed is development specified for this code.

cl 4.1B: Ins 2010 (135), Sch 1 [21].

4.1C Development standards

The standards specified for that development are that the development must be carried out in accordance with AS 2601—2001, The demolition of structures.

cl 4.1C: Ins 2010 (135), Sch 1 [21]. Am 2010 No 59, Sch 2.87 [2].

Division 1A

  (Repealed)

pt 4, div 1A: Ins 2009 (603), Sch 1 [3]. Rep 2010 (135), Sch 1 [21].

Division 2 Conditions applying to complying development certificate under this code

Note 1—

Complying development must comply with the requirements of the Act, the Environmental Planning and Assessment Regulation 2000 and the conditions listed in this Part.

Note 2—

A contributions plan setting out the contribution requirements towards the provision or improvement of public amenities or public services may specify that an accredited certifier must, under section 94EC of the Act, impose a condition on a complying development certificate requiring the payment of a monetary contribution in accordance with that plan.

pt 4, div 2 (cll 4.2–4.6): Ins 2009 (387), Sch 1 [98].

Subdivision 1 Conditions applying before works commence

4.2 Toilet facilities

(1)  Toilet facilities must be available or provided at the work site before works begin and must be maintained until the works are completed at a ratio of one toilet plus one additional toilet for every 20 persons employed at the site.

(2)  Each toilet must:

(a)  be a standard flushing toilet connected to a public sewer, or

(b)  have an on-site effluent disposal system approved under the Local Government Act 1993, or

(c)  be a temporary chemical closet approved under the Local Government Act 1993.

pt 4, div 2 (cll 4.2–4.6): Ins 2009 (387), Sch 1 [98].

4.3 Garbage receptacle

(1)  A garbage receptacle must be provided at the work site before works begin and must be maintained until the works are completed.

(2)  The garbage receptacle must have a tight fitting lid and be suitable for the reception of food scraps and papers.

pt 4, div 2 (cll 4.2–4.6): Ins 2009 (387), Sch 1 [98].

Subdivision 2 Conditions applying during the works

Note—

The Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Noise Control) Regulation 2008 contain provisions relating to noise.

4.4 Hours of construction or demolition

Construction or demolition may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no construction or demolition is to be carried out at any time on a Sunday or a public holiday.

pt 4, div 2 (cll 4.2–4.6): Ins 2009 (387), Sch 1 [98].

4.5 Compliance with plans

Works must be carried out in accordance with the plans and specifications to which the complying development certificate relates.

pt 4, div 2 (cll 4.2–4.6): Ins 2009 (387), Sch 1 [98].

4.6 Maintenance of site

(1)  Building materials and equipment must be stored wholly within the work site unless an approval to store them elsewhere is held.

(2)  Demolition materials and waste materials must be disposed of at a waste management facility.

(3)  The work site must be left clear of waste and debris at the completion of the works.

pt 4, div 2 (cll 4.2–4.6): Ins 2009 (387), Sch 1 [98].

Part 5 General Commercial and Industrial Code

Note 1—

Schedule 3 contains variations to this code.

Note 2—

In addition to the requirements specified for development under this code, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to development in this code may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993 and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.

pt 5: Ins 2009 (387), Sch 1 [98].

Division 1 Specified development and development standards under this code

Subdivision 1 Building alterations (internal)

5.1 Specified complying development

An internal alteration to a building that is used as bulky goods premises, commercial premises, premises for light industry or a warehouse or distribution centre is development specified for this code.

cl 5.1: Ins 2009 (387), Sch 1 [98].

5.2 Development standards—general

The standards specified for that development are that:

(a)  the current use of the premises must be a lawful use, and

(b)  the current use of the premises must not be an existing use within the meaning of section 106 of the Act, and

(c)  the alteration must not result in an increase in the gross floor area of any building within which it is carried out, and

(d)  the alteration must not involve the conversion of any area that is excluded from the measurement of gross floor area of the building (such as a basement, plant room, car parking space, loading space or void), and

(e)  if the alteration involves a loading dock, the alteration must not:

(i)  reduce the number or capacity of the trucks accommodated, or

(ii)  reduce the area for goods handling, or

(iii)  reduce the area for waste handling (including any recycling area), or

(iv)  reduce the manoeuvring area of the loading dock or access driveway, and

(f)  the alteration must not relate to the cooking of food at the premises by barbecue or charcoal methods, and

(g)  if the alteration involves food and drink premises, the alteration must be carried out in accordance with AS 4674—2004, Design, construction and fit out of food premises, and

(h)  any demolition necessary must be carried out in accordance with AS 2601—2001, The demolition of structures.

Note 1—

If the alteration involves premises that are a food business within the meaning of the Food Act 2003, the premises must comply with the requirements under that Act.

Note 2—

If the alteration involves premises at which a skin penetration procedure is carried out within the meaning of the Public Health Act 1991, the premises must comply with the requirements under that Act, including the Guidelines on Skin Penetration (April 2008), published by the Department of Health.

cl 5.2: Ins 2009 (387), Sch 1 [98]. Am 2010 No 59, Sch 2.87 [2].

5.3 Development standards— Building Code of Australia matters

The following standards are also specified for that development:

(a)  if the building that is being altered is subject to an alternative solution relating to a fire safety requirement, the alteration must be consistent with that alternative solution,

(b)  if the alteration involves an area of more than 500m²of bulky goods premises or commercial premises, or an area of more than 1000m² of premises used for light industry or a warehouse or distribution centre, that area must:

(i)  comply with the requirements set out in DP2–DP5 of Volume 1 of the Building Code of Australia, and

(ii)  comply with the number of sanitary and other facilities set out in FP2.1, FP2.5 and FP2.6 of Volume 1 of the Building Code of Australia, and

(iii)  comply with the light and ventilation requirements set out in FP4.1–FP4.5 of Volume 1 of the Building Code of Australia,

(c)  if the building is a mixed use development that also contains a class 2, 3 or 4 portion, the altered area must be separated from the class 2, 3 or 4 portion by building elements that comply with the fire resistance performance requirements set out in CP2 and CP8 of Volume 1 of the Building Code of Australia.

cll 5.3–5.7: Ins 2009 (387), Sch 1 [98].

Subdivision 2 Change of use of premises

5.4 Specified complying development

A change from a current use to a new use that is a change from:

(a)  a bulky goods premises to another bulky goods premises, or

(b)  a type of commercial premises to another type of commercial premises, or

(c)  a light industry to another light industry, or

(d)  a warehouse or distribution centre to another warehouse or distribution centre, or

(e)  a light industry to a warehouse or distribution centre, or

(f)  a warehouse or distribution centre to a light industry, or

(g)  a light industry to an ancillary office, or

(h)  a warehouse or distribution centre to an ancillary office,

is development that is specified for this code.

Note—

See the entry for change of use of premises in the General Exempt Development Code.

cll 5.3–5.7: Ins 2009 (387), Sch 1 [98].

5.5 Development standards—general

The standards specified for that development are that:

(a)  the current use must be a lawful use, and

(b)  the current use must not be an existing use within the meaning of section 106 of the Act, and

(c)  the new use must not be carried out at premises that are a manufactured home, moveable dwelling or associated structure, temporary structure, tent, swimming pool, ship or vessel, and

(d)  the new use must not be any of the following:

(i)  a funeral chapel,

(ii)  a funeral home,

(iii)  retail premises where firearms within the meaning of the Firearms Act 1996 are sold,

(iv)  landscape and garden supplies,

(v)  a market,

(vi)  a pub,

(vii)  restricted premises,

(viii)  a roadside stall,

(ix)  sex services premises,

(x)  timber and building supplies,

(xi)  vehicle sales or hire premises, and

(e)  the new use must not result in a change of building use under the Building Code of Australia that is any of the following:

(i)  from a class 5 or 6 building to a class 2, 3, 4, 7a, 7b, 8, 9a, 9b or 9c building,

(ii)  from a class 7b or 8 building to a class 2, 3, 4, 6, 7a, 9a, 9b or 9c building, and

(f)  a new use that is an ancillary office within premises that are a warehouse or distribution centre or are used for light industry must not occupy more than:

(i)  the maximum amount of gross floor area permitted for such an office in such a building under an environmental planning instrument applying to the land, or

(ii)  20% of the gross floor area of the building in any other case, and

(g)  the new use must not cause the contravention of any existing condition of the most recent development consent (other than a complying development certificate) that applies to the premises relating to hours of operation, car parking and landscaping, and

(h)  if there is no existing condition relating to hours of operation, the premises must not be operated outside the following hours:

(i)  if the new use is as bulky goods premises or commercial premises—7.00 am to 10.00 pm Monday to Saturday and 7.00 am to 8.00 pm on a Sunday or a public holiday,

(ii)  in any other case—7.00 am to 7.00 pm Monday to Saturday and the new use is not to be carried out at any time on a Sunday or a public holiday, and

(i)  if there is no existing condition relating to car parking, the new use must comply with any relevant requirements contained in an environmental planning instrument or a development control plan applying to the land relating to car parking.

Note—

The construction or installation of a driveway or hard stand space in relation to bulky goods premises, commercial premises, premises used for light industry or a warehouse or distribution centre is not exempt development or complying development under this Policy.

cll 5.3–5.7: Ins 2009 (387), Sch 1 [98].

5.6 Development standards— Building Code of Australia matters

The following standards are also specified for that development:

(a)  if the change of use involves an area of more than 500m² of bulky goods premises or commercial premises, or an area of more than 1000m² of premises used for light industry or a warehouse or distribution centre, that area must:

(i)  comply with the requirements set out in DP2–DP5 of Volume 1 of the Building Code of Australia, and

(ii)  comply with the number of sanitary and other facilities set out in FP2.1, FP2.5 and FP2.6 of Volume 1 of the Building Code of Australia, and

(iii)  comply with the light and ventilation requirements set out in FP4.1–FP4.5 of Volume 1 of the Building Code of Australia,

(b)  if the building is a mixed use development that also contains a class 2, 3 or 4 portion, the area involved in the change of use must be separated from the class 2, 3 or 4 portion by building elements that comply with the fire resistance performance requirements set out in CP2 and CP8 of Volume 1 of the Building Code of Australia.

Note—

Pursuant to the requirement under the Act that a building must be suitable for occupation and use in accordance with its classification under the Building Code of Australia, a change of use may require building work to be carried out despite such work not being included in an application for a complying development certificate.

cll 5.3–5.7: Ins 2009 (387), Sch 1 [98].

Subdivision 3 Mechanical ventilation systems

5.7 Specified complying development

The construction, installation or alteration of a mechanical ventilation system on a building that is used as bulky goods premises, commercial premises, premises for light industry or a warehouse or distribution centre is development specified for this code if it is not carried out on, or in relation to, a heritage item or a draft heritage item, or in a heritage conservation area or a draft heritage conservation area or at premises located on bush fire prone land.

cll 5.3–5.7: Ins 2009 (387), Sch 1 [98].

5.8 Development standards

The standards specified for that development are that:

(a)  the development must be located at least 3.5m behind the building line from any lot boundary, and

(b)  the development must be designed so as not to emit noise exceeding an LAeq of 5 dB(A) above background noise when measured at any lot boundary, and

(c)  the development must be located not more than 1m above the ridge of a pitched roof or 3m above a flat roof, and

(d)  the development must not relate to the cooking of food at the premises by barbecue or charcoal methods, and

(e)  any demolition necessary must be carried out in accordance with AS 2601—2001, The demolition of structures.

Note—

If the mechanical ventilation system is a regulated system in regulated premises within the meaning of the Public Health Act 1991, the system must comply with the requirements of that Act, including AS/NZS 3666.1:2002, Air-handling and water systems of buildings—Microbial control—Design, installation and commissioning.

cl 5.8: Ins 2009 (387), Sch 1 [98]. Am 2010 No 59, Sch 2.87 [2].

Subdivision 4 Shop front and awning alterations

5.9 Specified complying development

An external alteration to, or the repair or replacement of, an existing shop front or awning on a building that is used as bulky goods premises or commercial premises is development specified for this code if it is not carried out in a heritage conservation area or a draft heritage conservation area.

cl 5.9: Ins 2009 (387), Sch 1 [98].

5.10 Development standards

The standards specified for that development are that:

(a)  the development must not result in an increase in the gross floor area of the building, and

(b)  the development must not reduce the area of the window or other clear glass of the shop front, and

(c)  the development must not reduce the level of transparency of the shop front, such as by using obscure glazing, and

(d)  the development must not reduce the existing level of access to the building for people with a disability, and

(e)  any demolition necessary must be carried out in accordance with AS 2601—2001, The demolition of structures.

Note—

A structure on public land or on or over a public road requires the prior approval of the relevant authority under the Local Government Act 1993 or the Roads Act 1993, respectively.

cl 5.10: Ins 2009 (387), Sch 1 [98]. Am 2010 No 59, Sch 2.87 [2].

Subdivision 5 Skylights and roof windows

5.11 Specified complying development

The construction or installation of a skylight or roof window on a building that is used as bulky goods premises, commercial premises, premises for light industry or a warehouse or distribution centre is development specified for this code, other than at premises located on bush fire prone land.

cl 5.11: Ins 2009 (387), Sch 1 [98].

5.12 Development standards

The standard specified for that development is that:

(a)  the development be constructed or installed so that any opening created is adequately weather proofed, and

(b)  any demolition necessary must be carried out in accordance with AS 2601—2001, The demolition of structures.

cl 5.12: Ins 2009 (387), Sch 1 [98]. Am 2010 No 59, Sch 2.87 [2].

Division 2 Conditions applying to complying development certificate under this code

Note 1—

Complying development must comply with the requirements of the Act, the Environmental Planning and Assessment Regulation 2000 and the conditions listed in this Part.

Note 2—

A contributions plan setting out the contribution requirements towards the provision or improvement of public amenities or public services may specify that an accredited certifier must, under section 94EC of the Act, impose a condition on a complying development certificate requiring the payment of a monetary contribution in accordance with that plan. Contributions may be imposed in respect of development on certain land under section 61 the City of Sydney Act 1988.

Subdivision 1 Conditions applying before works commence

5.13 Protection of adjoining areas

A hoarding or a temporary construction site fence must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of works if the works:

(a)  could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic, or

(b)  could cause damage to adjoining lands by falling objects, or

(c)  involve the enclosure of a public place or part of a public place.

Note—

See the entry in the General Exempt Development Code for scaffolding, hoardings and temporary construction site fences.

cll 5.13–5.22: Ins 2009 (387), Sch 1 [98].

5.14 Toilet facilities

(1)  Toilet facilities must be available or provided at the work site before works begin and must be maintained until the works are completed at a ratio of one toilet plus one additional toilet for every 20 persons employed at the site.

(2)  Each toilet must:

(a)  be a standard flushing toilet connected to a public sewer, or

(b)  have an on-site effluent disposal system approved under the Local Government Act 1993, or

(c)  be a temporary chemical closet approved under the Local Government Act 1993.

cll 5.13–5.22: Ins 2009 (387), Sch 1 [98].

5.15 Garbage receptacle

(1)  A garbage receptacle must be provided at the work site before works begin and must be maintained until the works are completed.

(2)  The garbage receptacle must have a tight fitting lid and be suitable for the reception of food scraps and papers.

cll 5.13–5.22: Ins 2009 (387), Sch 1 [98].

Subdivision 2 Conditions applying during the works

Note—

The Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Noise Control) Regulation 2008 contain provisions relating to noise.

5.16 Hours for construction or demolition

Construction or demolition that is audible in any dwelling on an adjoining lot may only be carried out between 7.00 am and 8.00 pm on Monday to Saturday.

cll 5.13–5.22: Ins 2009 (387), Sch 1 [98].

5.17 Compliance with plans

Works must be carried out in accordance with the plans and specifications to which the complying development certificate relates.

cll 5.13–5.22: Ins 2009 (387), Sch 1 [98].

5.18 Maintenance of site

(1)  Building materials and equipment must be stored wholly within the work site unless an approval to store them elsewhere is held.

(2)  Demolition materials and waste materials must be disposed of at a waste management facility.

(3)  The work site must be left clear of waste and debris at the completion of the works.

cll 5.13–5.22: Ins 2009 (387), Sch 1 [98].

Subdivision 3 Construction requirements

5.19 Utility services

If the complying development requires alteration to, or the relocation of, utility services on the lot on which the complying development is carried out, the complying development is not complete until all such works are carried out.

cll 5.13–5.22: Ins 2009 (387), Sch 1 [98].

5.20 Mechanical ventilation systems

If the complying development is a mechanical ventilation system that is a regulated system in regulated premises within the meaning of the Public Health Act 1991, the system must be notified as required by the Public Health (Microbial Control) Regulation 2000, before an occupation certificate (whether interim or final) for the complying development is issued.

cll 5.13–5.22: Ins 2009 (387), Sch 1 [98].

5.21 Food businesses

If the complying development is a food business within the meaning of the Food Act 2003, the food business must be notified as required by that Act or licensed as required by the Food Regulation 2004, before an occupation certificate (whether interim or final) for the complying development is issued.

cll 5.13–5.22: Ins 2009 (387), Sch 1 [98].

5.22 Premises where skin penetration procedures are carried out

If the complying development involves premises at which a skin penetration procedure within the meaning of the Public Health Act 1991 will be carried out, the premises must be notified as required under the Public Health (Skin Penetration) Regulation 2000 before an occupation certificate (whether interim or final) for the complying development is issued.

cll 5.13–5.22: Ins 2009 (387), Sch 1 [98].

Part 6 Subdivisions Code

Note 1—

Schedule 3 contains variations to this code.

Note 2—

In addition to the requirements specified for development under this code, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to development in this code may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993 and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.

pt 6 (cll 6.1, 6.2): Ins 2010 (135), Sch 1 [22].

6.1 Specified complying development

The strata subdivision of a building, other than a dual occupancy, for which development consent or a complying development certificate was granted or issued is, for 5 years from the date the consent or certificate was granted or issued, development specified for this code.

pt 6 (cll 6.1, 6.2): Ins 2010 (135), Sch 1 [22].

6.2 Development standards

The standards specified for that development are:

(a)  that any development consent or complying development certificate relating to the building, the subject of the subdivision, and granted or issued before 1 January 2011 must require the allocation of parking spaces for each individual dwelling, and

(b)  that the subdivision must not contravene any condition of any development consent or complying development certificate applying to the development.

Note—

Registered interests on the land, the subject of the strata subdivision, the Strata Schemes Management Act 1996 and the Strata Schemes (Freehold Development) Act 1973 apply.

pt 6 (cll 6.1, 6.2): Ins 2010 (135), Sch 1 [22].

Schedule 1 Amendment of other environmental planning instruments

(Clause 1.11)

1.1 State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development

[1] Clause 3 Aims, objectives etc

Omit clause 3 (3) (b) and (d).

[2] Clause 3 (3) (c)

Omit “17, and”. Insert instead “17.”.

[3] Clause 16 When rainwater tanks are exempt development

Omit the clause.

[4] Clause 17 When satellite dishes (other than for domestic purposes) are exempt development

Insert “(other than for domestic purposes)” after “a satellite TV dish” where firstly occurring in clause 17 (1).

1.2 State Environmental Planning Policy No 60—Exempt and Complying Development

[1] Clause 5 How this Policy affects other environmental planning instruments

Omit clause 5 (2) (a) (i).

[2] Clause 14 Erection of a building or demolition of a building or work

Insert after clause 14 (3) (a):

  

(a1)  is not specified as exempt development or complying development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, and

[3] Schedule 3 Exempt development

Omit clauses 2, 7, 8, 9 and 11 and the note at the end of the Schedule.

1.3

  (Repealed)

sch 1: Am 2009 (74), Sch 1 [37].

Schedule 2 Exempt Development Codes—Variations

(Clause 1.12)

Note—

This Schedule is blank at the commencement of this Policy.

Schedule 3 Complying Development Codes—Variations

(Clause 1.12)

Note—

This Schedule is blank at the commencement of this Policy.