Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development (2001-200) [GG No 54 of 16.3.2001, p 1302] (NSW)
2001 No 200
| Ashfield Local Environmental | New South Wales |
Plan 1985 (Amendment No 89)—
Exempt and Complying Development
under the
Environmental Planning and Assessment Act 1979
I, the Minister for Urban Affairs and Planning, make the following local environmental plan under the Environmental Planning and Assessment Act 1979. (S00/00036/S69)
ANDREW REFSHAUGE, M.P.,
Minister for Urban Affairs and Planning
Sydney, 5th March 2001.
| Published in Gazette No 54 of 16 March 2001, page 1302 | Page 1 |
| [40] | |
| 2001 No 200 |
| Clause 1 | Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development |
Ashfield Local Environmental Plan 1985
(Amendment No 89)—Exempt and Complying
Development
1 Name of plan
This plan is Ashfield Local Environmental Plan 1985 (Amendment
No 89)—Exempt and Complying Development.
2 Aims of plan
The aim of this plan is to provide for exempt and complying development in the local government area of Ashfield.
3 Land to which plan applies
This plan applies to all land within the local government area of
Ashfield.
4 Amendment of Ashfield Local Environmental Plan 1985
Ashfield Local Environmental Plan 1985 is amended as set out in
Schedule 1.
5 Amendment of State Environmental Planning Policy No 60
State Environmental Planning Policy No 60—Exempt and Complying Development is amended by omitting the word “Ashfield” from Part 1 (1) of Schedule 1.
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Clause 4)
[1] Clause 6 Interpretation
Insert in alphabetical order in clause 6 (1):
advertisement means a display by the use of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure or the carrying out of a work.
bed and breakfast accommodation means the use of an existing lawful dwelling by its permanent residents to provide temporary accommodation of visitors for commercial purposes.
[2] Clause 6 (1A)
Insert after clause 6 (1):
| (1A) | The following terms have the same meaning in this plan as they have in the Environmental Planning and Assessment Act 1979: building |
| Building Code of Australia building work certifying authority complying development complying development certificate exempt development local development prohibited development |
[3] Clauses 8A and 8B
Insert before clause 9:
| 8A | Exempt development |
| (1) Development listed in Schedule 8 is exempt development, except as provided by subclauses (2) and (3). |
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Schedule 1 | Amendments |
| (2) | Development is exempt development only if: | |||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||
| (3) | Development is not exempt development if it is carried out on land that is the site of a heritage item or is in a heritage conservation area. |
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Amendments | Schedule 1 |
| 8B | Complying development | |
|
if:
| (a) | it is local development of a kind that can be carried out with consent on the land on which it is proposed, and |
| (b) | it is not an existing use, as defined in section 106 of the Act, |
except as provided by subclauses (2) and (3).
| (2) | Development is complying development only if: | |||||||||
| ||||||||||
| Note. Section 76A (6) of the Environmental Planning and Assessment Act 1979 says that the following development cannot be complying development: | ||||||||||
| ||||||||||
| (3) | Development is not complying development if it is carried out on land that: | |||||||||
|
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Schedule 1 | Amendments |
| (b) | is a site that has previously been used: | |||||
|
and a notice of completion of remediation work for the proposed use has not been given to the council in accordance with State Environmental Planning Policy No 55—Remediation of Land.
(4) Each complying development certificate is subject to the conditions specified in Schedule 10.
(5) A complying development certificate is taken to satisfy any requirement of an environmental planning instrument or tree preservation order for a consent, permit or approval to remove an exotic tree under 4 metres high if the carrying out of the complying development necessitates the removal of the tree.
Note. Section 76A (6) of the Environmental Planning and Assessment Act 1979 says that development cannot be complying development on land that:
| (a) | is critical habitat (within the meaning of the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994), or | |||
| (b) | is, or is part of, a wilderness area (within the meaning of the Wilderness Act 1987), or | |||
| (c) | comprises, or on which there is, an item of environmental heritage: | |||
| ||||
| (d) | identified as an environmentally sensitive area in this plan. |
[4] Clause 10 Development control table
Omit “Nil” from item 1 (Without development consent) of the matter relating to Zones Nos 2 (a), 2 (b), 2 (c), 3 (a), 3 (b), 3 (c), 3 (d), 4 (b), 5 (a), 9 (d) and 9 (e) in the Table to clause 10.
Insert instead “Exempt development, flood mitigation, public utility undertakings, railway undertakings”.
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Amendments | Schedule 1 |
[5] Clause 10, Table
| relating to Zone No 5 (b). |
Omit “Nil” from item 1 (Without development consent) of the matter undertakings, railway undertakings, roads”.
[6] Clause 10, Table
Insert “, exempt development” in alphabetical order in item 1 (Without development consent) of the matter relating to Zones Nos 6 (a), 6 (b) and 9 (b).
[7] Clause 10, Table
Insert “exempt development,” in alphabetical order in item 1 (Without development consent) of the matter relating to Zone No 9 (a).
[8] Clause 10, Table
| Omit “Widening” from item 1 (Without development consent) of the matter relating to Zone No 9 (c). Insert instead “Exempt development, widening”. |
[9] Clause 18
Omit the clause. Insert instead:
18 Development for purpose of advertisements
(1) Advertisements allowed only with consent
Development for the purpose of an advertisement that is:
| (a) | not exempt development, and |
| (b) | not prohibited development, |
may be carried out only with consent.
| (2) | Despite any other provision of this plan, development may be carried out with consent for the purpose of an advertisement that directs the travelling public to a specific tourist facility or place of scientific, historic or scenic interest, if the council is satisfied that: |
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Schedule 1 | Amendments |
| (a) | the principal purpose of the advertisement is to direct the travelling public to that facility or place, and |
| (b) | the dimensions (including the area) and overall size of the advertisement are not larger than would reasonably be required to so direct the travelling public. |
| (3) | Prohibited advertisements | |||
| Development for the purpose of an advertisement on land within a Special Uses or Open Space zone is prohibited unless: | ||||
| ||||
| (4) | Despite subclause (3), the council may consent to development for the purpose of an advertisement on the land within Zone No 6 (a) known as Pratten Park, provided the advertisement is in accordance with a plan of management adopted under the provisions of section 40 of the Local Government Act 1993. |
(5) Definitions
In this clause:
area of an advertisement, if in the form of a sign, means the
area within the outline of that sign.
tourist facility means an establishment providing holiday
accommodation or recreational facilities, or both, on a short-
term basis, and may include:
| (a) | hotels, motels, bed and breakfast accommodation, serviced apartments, holiday cabins, caravan parks, camping grounds and houseboats, and associated swimming pools, golf courses, tennis courts and marinas, or |
| (b) | restaurants, or |
| (c) | souvenir shops, arts and crafts galleries and exhibition centres. |
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Amendments | Schedule 1 |
[10] Schedules 8, 9 and 10
Insert after Schedule 7:
| ||||
| ||||
| Erection or installation and use, or carrying out, of the following: | ||||
| ADVERTISEMENTS | ||||
| ||||
| being an advertisement which is not visible from outside the site on which it is displayed. | ||||
| ||||
| used principally for conveying goods or passengers. | ||||
| ||||
| ||||
| ||||
| ||||
|
| place or premises, | (c) | must not exceed one in number |
| (b) | identity or a description of any | per property (but not including a |
| person residing at or carrying on | medical practitioner’s light box), | |
| an occupation at the place or | and |
| premises, | (d) | must not be illuminated unless it |
| (c) | particulars of any occupation | is a standard sized medical |
| carried on at a place or | practitioner’s light box. | |
| premises, |
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Schedule 1 | Amendments |
| DEVELOPMENT TYPE | REQUIREMENTS |
| Erection or installation and use, or carrying out, of the following: |
| (d) | such directions or cautions as | When displayed within Zone | |
| are usual or necessary relating | No 3 (a), 3 (b), 3 (c), 3 (d) or 4 (b): | ||
| to the place or premises or any |
|
| occupation carried on there, (e) particulars or notifications | premises, there may be one or |
| more such signs, but none is to |
| required or permitted to be | extend more than 3.6 m above |
| displayed by or under any State | ground level or above the level |
| or Commonwealth Act, | of the bottom of the first-floor |
| (f) | particulars relating to the goods, | window (whichever is lower) |
| commodities or services dealt | and not more than 30% of the | |
| with or provided at the place or | area of a shopfront (including | |
| premises, | window area) is to be covered by | |
| (g) | particulars of any activities held | such signs, or |
| or to be held at the place or | (b) | if there is an awning attached to |
| premises, | the premises, there may be one |
| (h) | a reference to an affiliation with | or more signs below the level of |
| a trade, professional or other | the awning provided not more |
| association relevant to the | than 30% of the area of the A business identification sign must not relate to premises used as a brothel. |
| business conducted at the place | shopfront (including window |
| or premises. | area) is to be covered by such signs. |
| Change of message | Such an advertisement may be displayed within any zone provided: | |
|
displayed, and
| (b) | the sign does not relate to premises used as a brothel. |
| Public notice | None. |
| being a notice for public information displayed by a public authority giving information or directions about services provided. |
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Amendments | Schedule 1 |
| DEVELOPMENT TYPE | REQUIREMENTS | ||
| Erection or installation and use, or carrying out, of the following: | |||
| Real estate sign | Such a sign must not be illuminated. | ||
| being an advertisement that contains | |||
| only a notice that the place or | If the sign relates to the letting or the | ||
| premises to which it is fixed is or are | sale of residential premises: | ||
| for sale or letting (together with |
|
| particulars of the sale or letting) and | area, and |
| that is not displayed more than 14 | (b) | the aggregate area of signage |
| days after the letting or completion | must not exceed 2.5 m2. Such a sign relating to commercial or | ||
| of the sale. | |||
| industrial premises must not exceed | |||
| 3.5 m2 in area. | |||
| Sign behind the glass line of a | Such a sign may be displayed within | ||
| shop window visible from a public | any zone provided it does not cover | ||
| place | more than 30% of the area of the window. | ||
| Temporary sign | Such a sign: | ||
| being an advertisement of a |
|
| temporary nature that: | than 28 days before the event, |
| (a) | announces any local event of a | and |
| religious, educational, cultural, | (b) | must be removed within 14 days |
| political, social or recreational | after the event. | |
| character or relates to any temporary matter in connection with such an event, and |
| (b) |
does not include advertising of a commercial event.
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Schedule 1 | Amendments |
| DEVELOPMENT TYPE | REQUIREMENTS |
| Erection or installation and use, or carrying out, of the following: | |
| AERIALS/MICROWAVE | Standard aerials for TV reception |
| ANTENNAE | only. One per property. |
| For domestic use only. | |
| Maximum height 3 m above ridge height. | |
| Must not be a separate pole in the yard space of the dwelling. | |
| AIR CONDITIONING UNITS | Attached to an external wall or |
| FOR SINGLE DWELLINGS | ground mounted. |
| Located a minimum of 3 m off any property boundary. | |
| Noise level must not be more than 5dB (A) above surrounding noise levels at the property boundary. | |
| The building work must not reduce the structural integrity of the building. | |
| Any opening created must be adequately weatherproofed. | |
| AWNINGS, CANOPIES AND | Located at least 450 mm within |
| STORM BLINDS OVER | property boundaries. |
| WINDOWS AND DOORS | |
| (all buildings) | Requires no other supporting |
| (see separate entry for Rollershutters) | structure. |
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Amendments | Schedule 1 |
| DEVELOPMENT TYPE | REQUIREMENTS |
| Erection or installation and use, or carrying out, of the following: | |
| BARBECUES | Must be for domestic use only. |
| (permanently constructed, | |
| non-movable) | Not located adjacent to, or within 6 m of, a window or other ventilation opening on adjacent buildings. |
| No roof or other cover. | |
| One per property. | |
| Maximum height 2,100 mm. | |
| BUS SHELTERS | Must be designed and constructed by or for council. |
| Structurally adequate construction. | |
| Must not obstruct the line of sight of vehicular traffic. | |
| A maximum height of 2.7 m above the footpath. | |
| Area of not less than 10 m2. | |
| Must not involve the display of an advertisement unless otherwise allowed by some other provision of this plan. |
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Schedule 1 | Amendments |
| DEVELOPMENT TYPE | REQUIREMENTS |
| Erection or installation and use, or carrying out, of the following: | |
| CHANGE OF USE | Must be change from an existing |
| A different use resulting from a | lawful use to another lawful use. |
| change of use: |
| • | from shop to another shop | Different use is not a brothel. | ||||
| • | from office to another office | |||||
| • | between social and sporting | No display or sale of publications | ||||
| clubs (other than clubs | classified Category 1 restricted, | |||||
| registered under the Registered | Category 2 restricted or RC (Refused | |||||
| Clubs Act 1976) | Classification) under the | |||||
| • | between community or cultural | Classification (Publications, Films | ||||
| centres | and Computer Games) Act 1995 of | |||||
| • | from industry to another | the Commonwealth, or display of | ||||
| industry | objects primarily concerned with sexual behaviour. | |||||
| No extension to hours outside hours of operation before the change. | ||||||
| The curtilage of any shop or office must not be used for storage or display purposes. | ||||||
| Different use complies with the conditions of any development consent relating to the use of the | ||||||
| building or land. In relation to industry, only if both the former use and different use: | ||||||
|
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Amendments | Schedule 1 |
| DEVELOPMENT TYPE | REQUIREMENTS |
| Erection or installation and use, or carrying out, of the following: | |
| CLOTHES HOISTS/LINES | Installed to manufacturer’s specifications. |
| Located behind the building line. | |
| If associated with a residential flat building, must be shielded from public view by use of louvres or other screening devices (which will still allow access to sun and breezes). | |
| DECKS | Maximum area of deck 10 m2. |
| Located at rear of main building. | |
| Minimum 450 mm setback from boundary. | |
| Must not be roofed. | |
| Maximum height 500 mm above ground level to top of deck. | |
| DEMOLITION | Development consent to erect the structure to be demolished would not be required. |
| The demolition is carried out according to Australian Standard AS 2601–1991 (The demolition of structures). |
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Schedule 1 | Amendments |
| DEVELOPMENT TYPE | REQUIREMENTS |
| Erection or installation and use, or carrying out, of the following: | |
| DRIVEWAYS, PATHWAYS | Not over public land. |
| (private land) | |
| Must not be elevated or suspended above natural ground level. | |
| Rainwater must not be directed onto adjoining property. | |
| One driveway or pathway per property. | |
| Must be of structurally sound and stable construction with adequate reinforcement. | |
| EXTERNAL LIGHTING | Must not cause glare onto adjoining |
| (DOMESTIC) | properties or streets. |
| (except for tennis courts, sporting fields and the like) | |
| FENCES | Location must not alter overland flow |
| (other than fences covered by the | of water. |
| Swimming Pools Act 1992) | |
| For front boundary fences (between the building line and street or other public place)—maximum height 1 m | |
| if constructed of timber, metal or lightweight materials. | |
| For side and rear boundary fences (between the building line and the rear boundary)—maximum height 1.8 m if constructed of timber, metal | |
| or lightweight materials. | |
| For masonry or brick fences regardless of location—maximum height 1 m. |
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Amendments | Schedule 1 |
| DEVELOPMENT TYPE | REQUIREMENTS |
| Erection or installation and use, or carrying out, of the following: | |
| FLAGPOLES | Maximum height 6 m above ground level. |
| Not to be used to display advertising material, logos or similar matter. | |
| One per property. | |
| Must be structurally adequate. | |
| GOAL POSTS, SIGHT | Construction by or for council and |
| SCREENS AND SIMILAR | installed in accordance with relevant |
| ANCILLARY SPORTING | Australian standards or the Building |
| STRUCTURES | Code of Australia. |
| Located in public park or recreation areas. | |
| HOME OCCUPATIONS | None. |
| IDENTIFICATION, | Constructed and installed by or on |
| INTERPRETIVE, | behalf of council or the Roads and |
| DIRECTIONAL AND | Traffic Authority. |
| ADVANCE WARNING SIGNS | |
| LETTER BOXES | Maximum height of 1.2 m above ground level. |
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Schedule 1 | Amendments |
| DEVELOPMENT TYPE | REQUIREMENTS | |||||
| Erection or installation and use, or carrying out, of the following: | ||||||
| MINOR INTERNAL | Work must comply with the Building | |||||
| ALTERATIONS TO DOMESTIC | Code of Australia. | |||||
| DWELLINGS | ||||||
| being previously completed | Work must not affect the structural | |||||
| buildings | stability of the building. Non-structural work only such as: | |||||
| ||||||
| Work must not change room configurations, reduce window arrangements for light or ventilation needs, reduce doorways for egress or enclose open areas. | ||||||
| OUTBUILDINGS USED | Not of masonry construction. | |||||
| EXCLUSIVELY FOR THE | ||||||
| FOLLOWING AND SIMILAR | Detached from main dwelling. | |||||
| ACTIVITIES: |
| • | Garden shed | Maximum gross floor area 10 m2. |
| • | Cubby house | |
| • | Greenhouse | Located behind building line to any |
| • | Bird aviary | street frontage. |
| • | Gazebo | |
| • | Cabana | Maximum height 2.1 m. |
| • | Kennel | |
| Located at least 450 mm from any property boundary. | ||
| Safety glazing to any glass doors conforming to Australian Standard AS/NZS 2208:1996 (Safety glazing materials in buildings). |
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Amendments | Schedule 1 |
| DEVELOPMENT TYPE | REQUIREMENTS | |||
| Erection or installation and use, or carrying out, of the following: | ||||
| Roofing material to be non-reflective. | ||||
| Constructed in accordance with any manufacturer’s instructions. | ||||
| Not connected to any plumbing or electricity supply. | ||||
| PARK AND STREET | Constructed or installed by or for | |||
| FURNITURE AND PUBLIC | council and designed, fabricated and | |||
| PLAYGROUND EQUIPMENT | installed in accordance with relevant | |||
| such as seats, bins, picnic tables, | Australian standards. | |||
| community notice boards and minor | ||||
| shelters not including bus shelters | Located on land under control of council. | |||
| PATHS AND STAIRCASES | Constructed or installed by or for | |||
| INSTALLED IN PUBLIC | council. | |||
| PARKS AND RECREATION | ||||
| SPACES | Designed, fabricated and installed in accordance with the Building Code of Australia (Section B) and: | |||
|
for timber structures—Australian members),
| (c) | for concrete structures—Australian Standard AS 3600–1994 (Concrete structures). |
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Schedule 1 | Amendments |
| DEVELOPMENT TYPE | REQUIREMENTS |
| Erection or installation and use, or carrying out, of the following: | |
| PAVED AREA AT GROUND | Must not exceed an area of 20 m2. |
| LEVEL | |
| (such as patios) | Entirely at ground level. |
| Rainwater must not be redirected onto adjoining property. | |
| Sufficient stepdown must be provided between patio and building to prevent the entry of water into internal areas. | |
| Any minimum landscaped area requirement must be maintained. | |
| PERGOLA | Not enclosed and with open roof structure. |
| Maximum area 10 m2. | |
| Maximum height 2.4 m. | |
| Attached to a dwelling or free- standing. | |
| Located behind building line to any street frontage. | |
| Located at least 450 mm from any property boundary. | |
| PLAYGROUND EQUIPMENT | Installed to manufacturer’s |
| (on private property) | specifications. |
| Maximum height above ground 2.4 m. | |
| Maximum area 10 m2. |
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Amendments | Schedule 1 |
| DEVELOPMENT TYPE | REQUIREMENTS |
| Erection or installation and use, or carrying out, of the following: | |
| Located at least 450 mm from any boundary line. | |
| Located at rear of premises. | |
| PORTABLE CLASSROOMS | Must be structurally adequate. |
| AND SCHOOL BUILDINGS | |
| Installation must accord with a suitably qualified engineer’s design. | |
| Must comply with the Building Code of Australia. | |
| Location must only be in school grounds and not contravene any other consent. | |
| Rainwater to be connected to an adequate rainwater system. | |
| Must not exceed 1 storey in height. | |
| Must be removed within 5 years of erection. | |
| Written notice must be given to council advising date of erection. | |
| RAMPS FOR THE DISABLED | Maximum height of 1 m (above existing finished or natural ground level). |
| Maximum grade of 1:14 and must otherwise accord with Australian Standard AS 1428.1–1998 (Design for | |
| access and mobility—General requirements for access—New building work). |
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Schedule 1 | Amendments |
| DEVELOPMENT TYPE | REQUIREMENTS |
| Erection or installation and use, or carrying out, of the following: | |
| RECLADDING OR REPAIR OF | No alteration to existing window or |
| EXISTING ROOF OR WALLS | door openings or their location and |
| (Domestic buildings only) | size. |
| The type of roofing material is the same as the original material. | |
| No structural alterations required. | |
| must comply with the WorkCover | |
| Any works involving asbestos cement with Asbestos. | |
| Any works involving lead paint removal must not cause lead contamination of air or ground. | |
| ROLLERSHUTTERS TO | Not visible from the public street or a |
| DOORS, WINDOWS ETC | public place (other than a laneway), unless it is to a vehicular garage or entrance. |
| Must not involve structural alteration. | |
| ROLLERSHUTTERS TO | Must not involve structural alteration. |
| VEHICULAR GARAGE OR ENTRANCE | |
| ROOF VENTILATORS FOR | Maximum area of installation does |
| SINGLE DWELLINGS | not exceed 0.3 m2. |
| The building work must not reduce the structural integrity of the building or involve structural alterations. | |
| Installed to manufacturer’s specifications. |
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Amendments | Schedule 1 |
| DEVELOPMENT TYPE | REQUIREMENTS |
| Erection or installation and use, or carrying out, of the following: | |
| SATELLITE DISHES | Directly attached to roof or wall or, if on ground, within rear yard and maximum height 1,800 mm. |
| Maximum diameter 1.5 m when situated on the ground or 650 mm when attached to the roof or wall. | |
| One only for each allotment. | |
| SKYLIGHTS OR ROOF | Maximum area of installation for all |
| WINDOWS | windows does not exceed 1 square metre. |
| The building work must not reduce the structural integrity of the building or involve structural alterations. | |
| SOLAR WATER HEATERS | Solar systems must be flush with the |
| includes solar systems and heat- | roof plane, only at rear roof plane and |
| pumps | with the water tanks located elsewhere. |
| The work must not reduce the structural integrity of the building or involve structural alterations. | |
| Installation must be carried out by a licensed person. | |
| SOLAR REFLECTORS | Must be flush with the roof plane and only at rear. |
| The work must not reduce the structural integrity of the building or involve structural alterations. | |
| Installation must be carried out by a licensed person. |
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Schedule 1 | Amendments |
| DEVELOPMENT TYPE | REQUIREMENTS |
| Erection or installation and use, or carrying out, of the following: | |
| SUBDIVISION (Torrens Title land | Any site area or setback requirements |
| only) for the purpose of: | must be maintained. |
| (a) | rectifying an encroachment upon an allotment, if no additional allotments are created, or |
| (b) | excising an allotment of land which is, or is intended to be, used for public purposes |
| (including a public reserve, drainage purposes, bushfire or rescue service purposes or public conveniences), not involving the public acquisition of the land. |
| TEMPORARY BUILDERS’ | Must be removed on completion of |
| SHEDS, PORTALOOS, | associated development or within 5 |
| MARQUEES AND THE LIKE | months, whichever is the lesser. Located within property boundaries. |
| Portaloos must be located a minimum 6 m from any adjacent living area. | |
| Marquees must not be in place for longer than 72 hours. | |
| Written notification must be given to council advising date of erection. | |
| USE OF PUBLIC OPEN SPACE | Must be in accordance with a |
| FOR COMMUNITY, | temporary licence or hire agreement |
| CULTURAL OR | or other decision by council as land |
| COMMERCIAL PURPOSES | owner. |
| USE OF A CLASS 9B | Temporary use only. |
| BUILDING FOR A PUBLIC MEETING |
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Amendments | Schedule 1 |
| DEVELOPMENT TYPE | REQUIREMENTS | ||||
| Erection or installation and use, or carrying out, of the following: | |||||
| UTILITY INSTALLATION | Maintenance or emergency work | ||||
| MAINTENANCE OR REPAIR | only. | ||||
| WATER TANKS AT OR | Maximum capacity 2,500 litres. | ||||
| ABOVE GROUND LEVEL | |||||
| Maximum overall height 1,800 mm. | |||||
| Located behind the existing building line. | |||||
| Constructed or installed in accordance with manufacturer’s specifications. | |||||
| Must be mosquito proofed. | |||||
| WINDOWS, GLAZED AREAS | Replacement with materials that | ||||
| AND EXTERNAL DOORS | comply with: | ||||
| (residential premises only) |
| ||||
| No reduction in the area provided for light and ventilation is permitted and structural support members cannot be removed. |
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| Schedule 1 | Amendments |
| Schedule 9 Complying development | (Clause 8B) |
| DEVELOPMENT TYPE | DEVELOPMENT STANDARDS AND OTHER REQUIREMENTS |
| The erection and use, or carrying out of, the following: | |
| BED AND BREAKFAST | A maximum of 2 guest bedrooms. |
| ACCOMMODATION | |
| (not including any building works) | A smoke detection system that complies with Australian Standards AS 3786–1993 (Smoke alarms) and AS/NZS 3000:2000 (Electrical installations) (known as the Australian/New Zealand Wiring Rules) is in the dwelling. |
| A fire extinguisher and fire blanket are in the kitchen. | |
| Approval has been obtained from the owners corporation, or the community, precinct or neighbourhood association, where the dwelling is subject to the Strata Schemes Management Act 1996 or the Community Land Management Act 1989. | |
| There are no key-release deadlocks on guest bedroom or exit doors and no bars or other restrictions placed on windows. | |
| COMMERCIAL AND SHOP BUILDINGS | |
| A different building use | No increase to the total floor area of the |
| resulting from a change of use | building. |
| from a shop to an office, or from | |
| an office to a shop | No more than 300 m2 of floor area is changed from an office to a shop. |
| Different use is not a brothel. |
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| Amendments | Schedule 1 |
| DEVELOPMENT TYPE | DEVELOPMENT STANDARDS AND OTHER REQUIREMENTS | |
| The erection and use, or carrying out of, the following: | ||
| No increase to the total floor area of the building. | ||
| No more than 300 m2 of floor area is changed from an office to a shop. | ||
| Different use is not a brothel. | ||
| No display or sale of publications classified Category 1 restricted, Category 2 restricted or RC (Refused Classification) under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, or display of objects primarily concerned with sexual behaviour. | ||
| The new use must replace a former use carried out in accordance with a development consent. | ||
| Internal alterations to a shop or | No increase to the total floor area of the | |
| an office | building. | |
| Internal partitioning not to increase fire-egress travel distances or coverage requirements for smoke detector and sprinkler systems. | ||
| Replacement of footpath | Footpath awnings are to: | |
| awnings |
|
have approval from council under and
| (b) | replace like with like where in a heritage conservation area, and |
| (c) | the kerb line with a minimum |
be set back at least 600 mm from level.
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Schedule 1 | Amendments |
| DEVELOPMENT TYPE | DEVELOPMENT STANDARDS AND OTHER REQUIREMENTS |
| The erection and use, or carrying out of, the following: | |
| HOUSES AND EXTENSIONS | General requirements |
| Additions to rear of free- | All work must comply with the |
| standing dwelling houses | deemed-to-satisfy provisions of |
| (including associated demolition) | section 3 (Acceptable Construction) of the Building Code of Australia (Housing Provisions). |
| Additions to ground floor only. | |
| An addition must not provide for an additional dwelling. | |
| An addition must not to result in the loss of off-street parking. | |
| No part of the structure may be located within the drip line of an existing tree (unless permission has been obtained to remove the tree). | |
| The addition must not increase the floor | |
| area of the dwelling by more than | |
| 40 m2. | |
| Any demolition must be carried out to Australian Standard AS 2601–1991 (The demolition of structures). | |
| Urban form and design requirements | |
| External walls of the addition must be located not less than 900 mm from a property boundary. | |
| The ground floor level of the addition must be no more than 500 mm above natural ground level at any point. |
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Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Amendments | Schedule 1 |
| DEVELOPMENT TYPE | DEVELOPMENT STANDARDS AND OTHER REQUIREMENTS |
| The erection and use, or carrying out of, the following: | |
| The distance between the floor level and the underside of the eaves must be no more than 2.7 metres. | |
| The roof pitch must be no more than 30 degrees and openings must be flush with the roof. | |
| The height of the addition must not exceed the existing ridge height or 3.6 metres above natural ground level, | |
| whichever is the higher. | |
| Materials and window and door proportions must match existing building. | |
| Amenity requirements | |
| Windows and doors are permissible if they face a property boundary where there is a fence at least 1.8 m high. | |
| Solar access must be maintained to adjacent properties’ habitable rooms for a minimum period of 2 hours between 9 am and 3 pm at the winter solstice or, where less than 2 hours solar access is currently available, no additional overshadowing is permitted. | |
| Solar access to the subject property and adjacent properties’ primary landscaped area must be maintained over a | |
| minimum of 50% of that space for a period of at least 3 hours between 9 am and 3 pm at the winter solstice. |
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Schedule 1 | Amendments |
| DEVELOPMENT TYPE | DEVELOPMENT STANDARDS AND OTHER REQUIREMENTS |
| The erection and use, or carrying out of, the following: | |
| The extension must not result in a | |
| private outdoor area of less than 40 m2 | |
| or a minimum dimension of less than 3.5 m. | |
| Structural internal alterations | All work must comply with the deemed- to-satisfy provisions of section 3 (Acceptable Construction) of the Building Code of Australia (Housing Provisions). |
| No external works. | |
| No increase to the total floor area of the building. | |
| Alterations to ground floor only. | |
| Alteration and addition of | General requirements |
| windows and doors | |
| other than: | All work must comply with the |
| • | addition of openings in party | deemed-to-satisfy provisions of |
| or common walls, or | section 3 (Acceptable Construction) of | |
| • | addition of openings with an | the Building Code of Australia |
| area greater than 4 m2 | (Housing Provisions). | |
| Openings are to be located not less than 900 mm from a property boundary and not less than 900 mm from a wall | ||
| separating attached dwellings | ||
| Amenity requirements | ||
| Windows and doors are permissible if they face a property boundary where there is a fence at least 1.8 m high and the floor level of the room is less than 0.5 m above ground level at the boundary. |
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Amendments | Schedule 1 |
| DEVELOPMENT TYPE | DEVELOPMENT STANDARDS AND OTHER REQUIREMENTS |
| The erection and use, or carrying out of, the following: | |
| Alterations and additions to ground floor only. | |
| No alterations and additions to primary street frontage. | |
| New window and door openings to habitable rooms within 9 m of, and allowing a view of a window of a | |
| habitable room in, another dwelling must be offset by not less than 0.5 m. | |
| Urban form and design requirements | |
| Materials and window and door proportions must match existing building. | |
| Dormer windows and extensions | General requirements |
| within the existing roof space, | |
| including gablet windows | All work must comply with the |
| being additions or extensions to | deemed-to-satisfy provisions of |
| bedrooms, bathrooms or the | section 3 (Acceptable Construction) of |
| creation or extension of storage | the Building Code of Australia |
| rooms | (Housing Provisions). |
| Development only to rear of property. | |
| Not to be visible from a public place (excluding back lanes). | |
| Only one dormer window permissible per roof plane. | |
| Urban form and design requirements | |
| The dormer window is to be located not less than 900 mm from a property boundary and not less than 900 mm from a wall separating attached dwellings. |
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Schedule 1 | Amendments |
| DEVELOPMENT TYPE | DEVELOPMENT STANDARDS AND OTHER REQUIREMENTS |
| The erection and use, or carrying out of, the following: | |
| Dormer windows are to be centrally located along the width of the roof. | |
| Dormers are to be traditionally vertically proportioned, with a height 1.5 width. | |
| Dormer windows are to be set below the ridgeline and up from the eaves. | |
| Materials and window and door proportions must match existing building. | |
| Amenity requirements | |
| Dormer windows are not to be located adjacent to bedroom windows of adjoining dwellings. | |
| The sides of the dormer windows are to be of a solid construction without glazing. | |
| INDUSTRIAL AND WAREHOUSE BUILDINGS | |
| Internal alterations | No increase to the total floor area of the building. |
| Internal partitioning not to increase fire-egress travel distances or coverage requirements for smoke detector and sprinkler systems. | |
| Replacement of roofing material | Any setback requirements and building height requirements must be maintained. |
| No structural alterations required. |
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Amendments | Schedule 1 |
| DEVELOPMENT TYPE | DEVELOPMENT STANDARDS AND OTHER REQUIREMENTS |
| The erection and use, or carrying out of, the following: | |
| must comply with the WorkCover | |
| Any works involving asbestos cement with Asbestos. | |
| SWIMMING POOLS | Streetscape |
| Development for the purpose of | The pool will not be between the |
| swimming pools on lots over | dwelling and the front boundary. |
| 450 m2 in area if the pool is | |
| ancillary to a dwelling occupied | Bulk and scale |
| for private use only. | |
| All coping or decking around the pool is not more than 150 mm above the natural ground level. | |
| The pool is at least 1.5 m from the nearest side and the rear boundaries. | |
| Privacy and security | |
| The noise level of any filtration equipment or pumps does not exceed 5 dB (A) above the ambient background level measured at the property boundary. | |
| Open space and landscaping | |
| Minimum private outdoor area of 40 m2 excluding the area of the water and minimum dimension of 3.5 m is to be maintained. |
2001 No 200
Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Schedule 1 | Amendments |
| DEVELOPMENT TYPE | DEVELOPMENT STANDARDS AND OTHER REQUIREMENTS | |||
| The erection and use, or carrying out of, the following: | ||||
| Installation and construction | ||||
| The installation and construction of the pool complies, where relevant, with the Swimming Pools Act 1992 and the | ||||
| Swimming Pools Regulation 1998, and | ||||
|
.
Pool and surrounding structures
The pool and surrounding structures published on 4 August 1986.
comply with AS 1926–1986 (Fence and
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Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Amendments | Schedule 1 |
Schedule 10 Conditions of complying development
| certificates | (Clause 8B) |
Before you begin work
1 Two days before any site works, building or demolition begins, the applicant must:
| ||||||||||||
| The notice forwarded to the council must contain the following information and be in the form (if any) approved by the council: | ||||||||||||
|
(i) his or her accreditation number, and
(ii) the name of the accreditation body by which he or she is accredited, and
(iii) a statement signed by the accredited certifier to the effect that he or she consents to being appointed as principal certifying authority.
2 Before any site works, building or demolition begins, the applicant
must:
|
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Ashfield Local Environmental Plan 1985 (Amendment No 89)—Exempt and Complying Development
| Schedule 1 | Amendments |
| (b) | erect a sign at the front of the property with the builder’s name, licence number, site address and the number given by the council to the application for the complying development certificate, and |
| (c) | provide for access to an on-site toilet, and |
| (d) | protect and support any neighbouring buildings, and |
| (e) | protect any public place from obstruction, inconvenience or damage due to the carrying out of the development, and |
| (f) | prevent any substance from falling onto any public place, and |
| (g) | have obtained a certificate of compliance if required from Sydney Water Corporation Ltd, and |
| (h) | comply with any other conditions prescribed by the Environmental Planning and Assessment Regulation 2000. |
This item does not impose a requirement on an applicant if it is complied with by the builder.
Site management
3 Run-off and erosion controls must be implemented to prevent soil erosion, water pollution or the discharge of loose sediment on surrounding land, as follows:
|
4 Removal or disturbance of vegetation and topsoil must be confined to within 3 metres of the proposed building.
Drainage
5 The land surrounding any structure must be graded to divert surface water to the street, and must be clear of existing and proposed structures and adjoining premises.
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| Amendments | Schedule 1 |
6 If the water falls to the rear of the property, it must be collected and drained via a gravity system to a council stormwater line or disposed of in a manner consistent with the council’s Soil and Water Management Policy.
Inspections during construction
7 The applicant must notify either the council or an accredited certifier at least 48 hours in advance in writing, by fax or phone, to inspect the following:
|
Hours of work
8 Any building work must be carried out between 7 am and 6 pm Monday to Friday and 8 am to 5 pm Saturdays, but not on Sundays or public holidays.
Survey certificate
9 For all:
| ||||
| (c) Class 1a and 1b buildings less than 1500 mm from the boundary, (excluding internal works), a survey certificate must be given to the principal certifying authority at the following stages: | ||||
|
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| Schedule 1 | Amendments |
| (b) | at completion of the lowest floor, confirming that levels are in accordance with the certificate. (Levels must relate to the datum shown on the certificate.) |
Site access
10 Driveways are to be a minimum of 500 mm clear of all drainage structures on the kerb and gutter and are not to interfere with the existing public utility infrastructure, including council drainage structures, unless prior approval is obtained from the relevant authority.
11 Driveways are to be a minimum of 6 m from a road intersection.
12 Driveways are to be constructed in accordance with any relevant requirements of Australian Standard AS 2890.1–1993 (Parking facilities—Off-street car parking), with appropriate transition zones.
Occupation certificate
13 Unless it is a Class 1a, 1b, 10a or 10b building, the building is not to be occupied before issue of an occupation certificate.
Notes.
council or accredited certifier under section 85A (10A) of the Environmental Planning and Assessment Act 1979 that any long service levy (or instalment of a levy) payable under the Building and Construction Industry Long Service Payments Act 1986 has been paid.
Builders insurance
The builder or person who does residential building work must comply with the applicable
requirements of Part 6 of the Home Building Act 1989, whereby a person must not
contract to do any residential building work unless a contract of insurance that complies
with this Act is in force in relation to the proposed work. It is the responsibility of the
builder or person who is to do the work to satisfy council that they have so complied.
Construction Industry Long Service Levy
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