State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 (2010-656) LW 1 December 2010 (NSW)
2010 No 656
| New South Wales |
State Environmental Planning Policy
(Exempt and Complying Development
Codes) Amendment (Additional Codes)
2010
under the
Environmental Planning and Assessment Act 1979
The Administrator, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979. (10/03562)
TONY KELLY, MLC Minister for Planning
| Published LW 1 December 2010 | Page 1 |
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development |
| Clause 1 | Codes) Amendment (Additional Codes) 2010 |
State Environmental Planning Policy (Exempt and
Complying Development Codes) Amendment
(Additional Codes) 2010
under the
Environmental Planning and Assessment Act 1979
1 Name of Policy
This Policy is State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010.
2 Commencement
This Policy commences on 25 February 2011 and must be published on the NSW legislation website.
3 Repeal of Policy
|
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
[1] Clause 1.4 Land to which Policy applies
Omit clause 1.4 (2)–(4). Insert instead:
| (2) | This Policy does not apply to land: | |||||
|
[2] Clause 1.4A Development to which this Policy does not apply
Omit the clause.
[3] Clause 1.5 Interpretation—general
Omit the definitions of complying development code, dwelling house, excluded land identified by an environmental planning instrument and storey from clause 1.5 (1).
[4] Clause 1.5 (1)
Insert in alphabetical order:
boundary wall means a wall that has a setback of less than
150mm from the side or rear boundary of a lot.
bush fire attack level-40 (BAL-40) has the same meaning as it has in AS 3959—2009, Construction of buildings in bushfire-prone areas.
common wall means a wall shared between 2 properties.
complying development code means any of the following codes:
| (a) | the General Housing Code, |
| (b) | the Rural Housing Code, |
| (c) | the Housing Alterations Code, |
| (d) | the General Development Code, |
| (e) | the General Commercial and Industrial Code, |
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| (f) | the Subdivisions Code, |
| (g) | the Demolition Code. |
Demolition Code means the code for complying development set out in Part 7.
detached studio means ancillary development that is habitable
and is:
| (a) | established in conjunction with a dwelling house, and |
| (b) | on the same lot of land as the dwelling house, and |
| (c) | separate from the dwelling house. |
dwelling house means a building containing one dwelling, an attached dwelling or a semi-detached dwelling, but does not include any part of the building that is ancillary development or exempt development under this Policy.
excluded land identified by an environmental planning
instrument means:
| (a) | land identified by an environmental planning instrument as being any of the following: | |||||
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| ||||||
| (b) | land identified by an environmental planning instrument, a development control plan or a policy adopted by the council as being a coastal erosion hazard. |
flame zone (BAL-FZ) has the same meaning as it has in AS 3959—2009, Construction of buildings in bushfire-prone areas.
floor area, for a balcony, deck, patio, pergola, terrace or verandah referred to in Part 3, 3A or 4, means the area of the balcony, deck, patio, pergola, terrace or verandah, measured at the floor level, 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. |
floor area, for a dwelling house referred to in Part 3, 3A or 4, means the sum of the areas of each storey of the dwelling house
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
and any carport, garage, balcony, deck, patio, pergola, terrace or verandah, measured at a height of 1.4m above each floor level, that is 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 does not include any of the following:
| (c) | any part of an awning, blind or canopy that is outside the outer wall of a building, |
| (d) | the eaves, |
| (e) | a lift shaft, |
| (f) | a stairway, |
| (g) | a void above a lower storey. |
floor area, for an outbuilding referred to in Part 3, 3A or 4, means the sum of the areas of each storey of the outbuilding, measured at a height of 1.4m above each floor level, within the outer face of:
| (a) | the external walls of the outbuilding if it is enclosed, or |
| (b) | the supporting columns or posts of the outbuilding if it is not enclosed, |
but does not include any of the following:
| (c) | any part of an awning, blind or canopy that is outside the outer wall of a building, |
| (d) | the eaves, |
| (e) | a stairway. |
General Development Code means the code for complying development set out in Part 4A.
lane means a public road, with a width greater than 3m but less than 7m, that is used primarily for access to the rear of premises, and includes a nightsoil lane.
off peak time means any time other than peak time.
peak time means:
| (a) | the time between 8:00 am and 10:00 pm on any Saturday, Sunday or public holiday, or |
| (b) | the time between 7:00 am and 10:00 pm on any other day. |
privacy screen means a screen that:
| (a) | faces a boundary, and |
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| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| (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 area of all openings that is less than 30 per cent of the surface area of the screen. |
residential zone means Zone R1, R2, R3, R4 or R5.
Rural Housing Code means the code for complying development set out in Part 3A.
rural zone means Zone RU1, RU2, RU3, RU4, RU5 or RU6.
site coverage, for development, does not include any of the
following:
| (a) | an access ramp, |
| (b) | any 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) | the eaves, |
| (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. |
[5] Clause 1.5 (1)
Insert after paragraph (d) in the definition of ancillary development:
| (d1) | detached studio, |
[6] Clause 1.5 (1)
Omit “Internal” from the definition of Housing Internal Alterations Code.
[7] Clause 1.6 Interpretation—references to land use zones
Insert after clause 1.6 (1):
| (1A) | In relation to land in the local government area of Warringah, until a new principal local environmental plan is made under section 33A (2) of the Act, a reference in this Policy to a lot or to land in a named land use zone is a reference to land specified in |
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
such a zone in the draft Warringah Local Environmental Plan 2009 that was subject to community consultation under section 57 of the Act.
[8] Clause 1.7
Omit the heading to the clause. Insert instead “Maps”.
[9] Clauses 1.8 (4) and (5) and 1.9 (2), (4) and (5)
| Omit “1 January 2011” wherever occurring. Insert instead “1 September 2011”. |
[10] Clause 1.9 Relationship with local environmental plans and development control plans
Insert after clause 1.9 (1):
| (1A) | Subclause (1) does not apply to development on land to which the Bathurst Regional (Interim) Local Environmental Plan 2005 applies until 1 September 2011. |
[11] Clause 1.14
Omit the clause. Insert instead:
|
The Minister must ensure that the provisions of this Policy are reviewed at least every 5 years after its commencement.
[12] Clause 1.16 General requirements for exempt development
Insert “for the purposes of this Policy” after “To be exempt development” in clause 1.16 (1).
[13] Clause 1.16
Insert after clause 1.16 (1) (c):
Note. Designated development is defined in section 77A of the Act as development that is declared to be designated development by an environmental planning instrument or the regulations.
[14] Clause 1.16 (2)
Insert “for the purposes of this Policy” after “is exempt development”.
[15] Clause 1.16 (3)
Insert “for the purposes of this Policy” after “To be exempt development”.
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
[16] Clause 1.16 (3) (b)
Omit “must”.
[17] Clause 1.16 (4)
Omit.
[18] Clause 1.17 What development is complying development?
Omit the note to the clause.
[19] Clause 1.17A
Insert after clause 1.17:
| 1.17A | Requirements for complying development for all environmental planning instruments |
To be complying development for the purposes of any environmental planning instrument, the development must not:
| (a) | be development for which development consent cannot be granted except with the concurrence of a person other than: | |||
| ||||
| (b) | be on land that is critical habitat, or | |||
| (c) | be on land that is, or is part of, a wilderness area (within the meaning of the Wilderness Act 1987), or | |||
| (d) | be on land that comprises, or on which there is, an item of the environmental heritage: | |||
| ||||
| (e) | be on land that is within an environmentally sensitive area. |
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
[20] Clause 1.18
Omit the clause. Insert instead:
|
| (1) | To be complying development for the purposes of this Policy, the development must: | |||||||
|
(i) an on-site effluent disposal system if the development is undertaken on unsewered land, and
(ii) an on-site stormwater drainage system, and
| (e) | before the complying development certificate is issued, have written consent from the relevant roads authority, if required by the Roads Act 1993: | |||
| ||||
| (f) | if it is the alteration or erection of improvements on land in a mine subsidence district within the meaning of the Mine Subsidence Compensation Act 1961, have the prior approval of the Mine Subsidence Board, and |
Note. Information about mine subsidence is information that is a prescribed matter for the purpose of a planning certificate under section 149 (2) of the Act.
| (g) | not be the construction or installation of a skylight or roof window on land to which Orana Regional Environmental Plan No 1—Siding Spring applies, and |
| (h) | if it involves the removal or pruning of a tree or other vegetation that requires a permit or development consent to which clause 3.6A or 3A.7 does not apply, before the |
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
complying development certificate is issued, have a permit
or development consent for that removal or pruning.
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. Paragraph (h) may not apply to certain trees or vegetation near complying development under Part 3 (see clauses 3.6A and 3A.7).
| (2) | The erection of a new dwelling house or an addition to a dwelling house on land in the 20-25 ANEF contours is complying development for this Policy, if the development is 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.
Note. Clause 136A of the Environmental Planning and Assessment Regulation 2000 requires a complying development certificate to be issued subject to the conditions specified in that clause.
[21] Clause 1.19 Land on which exempt development and complying development may not be carried out
Omit clause 1.19 (2) and (3). Insert instead:
| (2) | The general land exemptions set out in clause 1.17A and subclause (4) apply to complying development specified for the following codes: |
| (a) | the General Housing Code, |
| (b) | the Rural Housing Code, |
| (c) | the Housing Alterations Code, |
| (d) | the General Development Code, |
| (e) | the General Commercial and Industrial Code, |
| (f) | the Subdivisions Code, |
| (g) | the Demolition Code. |
[22] Clause 1.19 (5) and (6)
Omit clause 1.19 (5). Insert instead:
| (5) | Despite subclause (4), if land is part of a lot to which the Rural Housing Code applies, complying development may be carried out on the part of the lot to which this clause does not apply. |
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
| (6) | Specific land exemptions for General Housing Code and Rural Housing Code | |||||||||||||||
| To be complying development specified for the General Housing Code or the Rural Housing Code, the development must not be carried out on: | ||||||||||||||||
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(i) to which Drinking Water Catchments Regional Environmental Plan No 1 applies, or
(ii) in any other drinking water catchment identified in any other environmental planning instrument, or
(i) land that is declared to be a special area under the Sydney Water Catchment Management Act 1998.
| (7) | Specific land exemptions for Housing Alterations Code and General Development Code | |||
| To be complying development specified for the Housing Alterations Code and General Development Code, the development must not be carried out on unsewered land: | ||||
|
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
[23] Clause 2.2 Development standards
Omit clause 2.2 (b). Insert instead:
| (b) | be located at least 450mm from each side boundary and the rear boundary, and |
[24] Clause 2.2
Insert at the end of the clause:
Note. See AS 1428.1—2009, Design for access and mobility—General requirements for access—New building work and the Disability (Access to Premises—Buildings) Standards 2010 under the Disability Discrimination Act 1992 of the Commonwealth which specifies the design requirements for new building work to provide access for people with disabilities.
[25] Clauses 2.2 (e), 2.3 (b), 2.6 (1) (g), 2.6 (1A) (e), 2.9, 2.11, 2.17, 2.19, 2.22 (b), 2.23 (b), 2.25, 2.27, 2.29, 2.31 (b), 2.41 (b), 2.42B (1) (f), 2.42C, 2.47, 2.49, 2.51 (1), 2.53, 2.59, 2.64 (1) (k), 2.66 (1) (e), 2.69, 2.72 (k), 2.73 and 2.79
Omit “, or in relation to,” wherever occurring.
[26] Clause 2.4 Development standards
Insert at the end of the clause:
Note. There are other existing legislative requirements relating to the clearance of power lines and Obstacle Limitation Surfaces near airport flight paths.
[27] Clause 2.5 Specified development
Insert at the end of the clause:
Note. For evaporative cooling units see clause 2.30A.
[28] Clause 2.6 Development standards
Insert after clause 2.6 (1) (f):
| (f1) | be designed so as not to operate: | |||
|
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
[29] Clause 2.6 (1A) (d1)
Insert after paragraph (d):
| (d1) | be designed so as not to operate: | |||
|
[30] Clause 2.6, note
Insert at the end of the clause:
Note. For further information about noise control see the Noise Guide for Local Government (ISBN 978 1 74232 942 0) published by the Department of Environment, Climate Change and Water NSW in October 2010.
[31] Clause 2.6B Development standards
| Insert “, when it is not a stable for the keeping of horses in Zone RU1, RU2, RU3 or RU4,” after “that development” in clause 2.6B (1). |
[32] Clause 2.6B (1) (i)
Omit “in, or in relation to,”. Insert instead “on or in”.
[33] Clause 2.6B (2)
Insert “for development referred to in subclause (1)” after “lot”.
[34] Clause 2.6B (3) and (4)
Insert after clause 2.6B (2):
| (3) | The standards specified for that development when it is a stable for the keeping of horses in Zone RU1, RU2, RU3 or RU4 are that the development must: | |||||||||
|
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| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| (f) | if roofed—be constructed or installed so that roof water is disposed of on site, without causing a nuisance to adjoining owners, and |
| (g) | if it is in Zone RU4 and to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and |
| (h) | have an impervious floor, and |
(i) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material.
| (4) | There must not be more than 1 development per lot for development referred to in subclause (3). |
[35] Clause 2.8 Development standards
Omit clause 2.8 (1) (b)–(d). Insert instead:
| (b) | not have a floor area of more than: | |||
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| (c) | be not higher than: | |||
| ||||
| (d) | be located: | |||
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[36] Clause 2.8 (1) (g1)
Insert after clause 2.8 (1) (g):
| (g1) | if it is located in a residential zone and to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and |
[37] Clause 2.8, note
Insert at the end of the clause:
Note. For fowl and poultry houses see clause 2.41.
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
[38] Clause 2.10 Development standards
Insert after clause 2.10 (b):
| (b1) | be at least 450mm from each side and rear boundary when fully extended, and |
[39] Clause 2.10 (d1)
Insert after clause 2.10 (d):
| (d1) | if it is constructed or installed on or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and |
[40] Clause 2.12 Development standards
Omit “20m2” from clause 2.12 (b). Insert instead “25m2”.
[41] Clause 2.12 (c)
Omit the paragraph. Insert instead:
| (c) | not cause the total floor area of all such structures on the lot to be more than: | |||
|
[42] Clause 2.12 (j) and (j1)
Omit paragraph (j). Insert instead:
| (j) | if it is a roofed structure attached to a dwelling—not extend above the roof gutter line of the dwelling, and |
| (j1) | be no higher than 3m at its highest point above ground level (existing), and |
[43] Part 2, Division 1, Subdivision 7, heading
Insert “and other outdoor cooking structures” after “Barbecue”.
[44] Clause 2.13 Specified development
Insert “or other outdoor cooking structure” after “barbecue”.
[45] Part 2, Division 1, Subdivision 8 Bed and breakfast accommodation
Omit the Subdivision.
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
[46] Clause 2.18 Development standards
Omit clause 2.18 (1) (b). Insert instead:
| (b) | not have a floor area of more than: | |||
|
[47] Clause 2.18 (1) (h)
Insert after clause 2.18 (1) (g):
| (h) | to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials if it is located on land in a residential zone, and |
[48] Clause 2.20 Development standards
Omit clause 2.20 (1) (b). Insert instead:
| (b) | not have a floor area more than: | ||
| |||
|
(iii) for a lot 300m2 or less in any zone—20m2, and
[49] Clause 2.20A Specified development
Insert after clause 2.20A (j):
, or
| (k) | a community or recreation use to another community or recreation use, |
[50] Clause 2.23 Specified development
Omit “or in a heritage conservation area or a draft heritage conservation area” from clause 2.23 (b).
[51] Clause 2.24 Development standards
Insert after clause 2.24 (1):
| (1A) | If the development is in a heritage conservation area or a draft heritage conservation area, it must be located in the rear yard and must not be visible from a public road. |
[52] Clauses 2.28 (e), 2.42D(1) (i), 3.28 (2) and 3.33 (2)
Omit “Australian Standard” wherever occurring.
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
[53] Clause 2.30 Development standards
Insert after clause 2.30 (h):
| (h1) | if the fill is imported to the site—only contain natural materials and must be free of building and other demolition waste, and |
[54] Part 2, Division 1, Subdivision 15AA
Insert after Subdivision 15:
Subdivision 15AA Emergency work and temporary repairs
| 2.30AA | Specified development |
The temporary repair of any damage to a building or structure caused by an event that constitutes a significant and widespread danger to life or property in any zone in an area declared by an order under section 33 of the State Emergency and Rescue Management Act 1989 to be an area where a state of emergency exists is development specified for this code.
| 2.30AB | Development standards |
The standards specified for that development are that the development must:
| (a) | be carried out within 6 months of the declaration being made, and |
| (b) | not change the configuration of the floor space of the building or structure being repaired, and |
| (c) | not increase the floor space of the building or structure being repaired, and |
| (d) | be to make the building or structure weatherproof and, if a dwelling, suitable for habitation. |
[55] Clause 2.30A Specified development
Omit “, or in relation to, a heritage item or a draft heritage item, or in a heritage conservation area or a draft heritage conservation area” from clause 2.30A (1).
Insert instead “or in a heritage item or a draft heritage item”.
[56] Clause 2.30A, note
Insert at the end of the clause:
Note. For air-conditioning units see clause 2.5.
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
[57] Clause 2.30B Development standards
Insert after clause 2.30B (e):
| (e1) | be designed so as not to operate: | |||
|
[58] Clause 2.30B (g)
Insert after clause 2.30B (f):
, and
| (g) | if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard and must not be visible from a public road. |
[59] Clause 2.30B, note
Insert at the end of the clause:
Note. For further information about noise control see the Noise Guide for Local Government (ISBN 978 1 74232 942 0) published by the Department of Environment, Climate Change and Water NSW in October 2010.
[60] Clause 2.32 Development standards
Insert at the end of clause 2.32 (f):
, and
| (g) | to the extent it is a silo—not be fitted with a motorised fan for aeration or drying purposes. |
[61] Clause 2.32 (2)
Insert at the end of the clause:
| (2) | If the development is a shipping container, there must not be more than 1 shipping container per lot. |
[62] Clauses 2.33 (b), 2.35 (b) and 2.37 (b)
Omit “or in relation to” wherever occurring. Insert instead “or adjacent to”.
[63] Clauses 2.33, 2.35 and 2.37
Insert at the end of each clause:
Note. If the fence is a dividing fence, the Dividing Fences Act 1991 also applies.
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
[64] Clause 2.34 Development standards
Insert after clause 2.34 (1) (b):
| (b1) | if it is a boundary fence on land in Zone R5—be constructed using post and wire or post and rail, and |
[65] Clauses 2.34 (1) (g) and 2.36 (h)
Insert “, key Koala habitat or a Koala movement corridor” after “core Koala habitat” wherever occurring.
[66] Clause 2.38 Development standards
Omit “if it is a boundary fence that has a frontage to a public road—” from clause 2.38 (b).
Insert instead “subject to paragraph (d),”.
[67] Part 2, Division 1, Subdivision 19A
Insert after Subdivision 19:
Subdivision 19A Filming
| 2.38A | Specified development |
Filming is development specified for this code.
| 2.38B | Development standards | |
|
| (a) | the development may only be carried out on land: | |||||
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| ||||||
| if the filming does not involve or result in any of the following: | ||||||
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| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
movement, parking or standing of a vehicle or
equipment on or over it,
(vii) any changes to the vegetation on, or level of, such an item or area or any changes to any other natural or physical feature of the item or area,
| (b) | the development must not create significant interference with the neighbourhood, | |||||||||
| (c) | the person carrying out the filming must obtain a policy of insurance that adequately covers the public liability of the person in respect of the filming for an amount of not less than $10,000,000, | |||||||||
| (d) | if the filming is carried out on private land, the filming must not be carried out for more than 30 days within a 12-month period at the particular location, | |||||||||
| (e) | a filming management plan must be prepared and lodged with the consent authority for the location at least 5 days before the commencement of filming at the location. The plan must contain the following information and be accompanied by the following documents (without limiting the information or documents that may be submitted): | |||||||||
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(viii) the type of filming equipment to be used in the filming (such as a hand-held or mounted camera),
(ix) proposed arrangements for parking vehicles associated with the filming during the filming,
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
(x) whether there will be any disruption to the location of the filming or the surrounding area and the amenity of the neighbourhood (for example, by the discharge of firearms or explosives, the production of offensive noise, vibrations, disruption to traffic flow or the release of smells, fumes, vapour, steam, soot, ash, dust, waste water, grit or oil),
(xi) whether the filming will involve the use of outdoor lighting or any other special effects equipment,
(xii) a copy of the public liability insurance policy that covers the filming at the location,
(xiii) a copy of any approval given by a public or local authority to carry out an activity associated with the proposed filming at the location, such as the following:
(A) an approval by the Roads and Traffic
Authority for the closure of a road,
| (B) | an approval by the Council for the erection or use of a temporary structure, closure of a road or a public footpath, or a restriction in pedestrian access, |
| (C) | an approval by the Environment Protection Authority for an open fire, |
| (D) | an approval by the NSW Police Force for the discharge of firearms, |
(E) an approval by the Land and Property Management Authority for the use of Crown land,
(xiv) details of any temporary alteration or addition to any building or work at the location for the purposes of the filming,
| (f) | the person carrying out the filming must, at least 5 days before the commencement of filming at the particular location, give notice in writing (by way of a letter-box drop) of the filming to residents within a 50m radius of the location. The notice must contain the following information: | |||
|
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
location or the surrounding area or the amenity of
the neighbourhood,
(iii) the proposed commencement and completion dates for the filming at the location,
(iv) the proposed daily length of filming at the location.
[68] Clause 2.42 Development standards
Insert after clause 2.42 (1) (g):
| (h) | to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials if it is located on land in a residential zone, and |
[69] Clause 2.42 (2)
| Omit “In all zones other than Zone RU1, RU2, RU3 and RU4, there”. Insert instead “There”. |
[70] Part 2, Division 1, Subdivision 21AA
Insert after Subdivision 21:
Subdivision 21AA Fuel tanks and gas storage
| 2.42AA | Specified development |
The construction or installation of an above ground fuel tank or gas storage facility for agricultural activity is development specified for this code if it is constructed or installed on a lot in a rural zone that is larger than 2ha.
| 2.42AB | Development standards |
The standards specified for that development are that the development must:
| (a) | not have a capacity of more than: | |||
| ||||
| (b) | be located at least 20m from the primary road frontage of the lot and at least 10m from each other lot boundary, and | |||
| (c) | be bunded with the capacity to contain at least 110% of the capacity of the tank, and | |||
| (d) | if a fuel tank—be constructed of prefabricated metal, be freestanding and installed in accordance with the |
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
requirements of AS 1940–2004, The storage and handling
of flammable and combustible liquids, and
| (e) | if a gas tank—be designed and constructed in accordance with the requirements of AS/NZS 1596:2008, The storage and handling of LP Gas by a professional engineer, and |
| (f) | not be used for advertising, and |
| (g) | be located at least 1m from any registered easement, sewer main or water main. |
Note. Other existing legislative requirements still apply in relation to work place health and safety issues.
[71] Clause 2.43 Specified development
Insert “that does not involve the manufacture of food products or skin penetration procedures” after “occupation”.
[72] Clause 2.46B Development standards
Insert after clause 2.46B (a):
| (a1) | if it uses a heat pump water heater, be designed so as not to operate: | |||
|
[73] Clause 2.46B (b)
Omit “, or in relation to,”. Insert instead “or in”.
[74] Clause 2.46B, note
Omit the note after the clause. Insert instead:
Note 1. See note relating to Solar Hot Water Systems.
Note 2. For further information about noise control in relation to heat
pump water heaters, see the NSW Government’s Noise Guide for Local
Government published in 2010 (ISBN 978 1 74232 942 0).
[75] Clause 2.51 Specified development
Insert “, including stairs and stairwells” after “member” in clause 2.51 (1) (b).
[76] Clause 2.53 Specified development
Insert after clause 2.53 (d):
| (e) | the repair to or replacement of a balustrade, |
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| (f) | restumping or repairing structure foundations without increasing the height of the structure, |
[77] Clause 2.58 Development standards
Insert after clause 2.58 (b):
| (b1) | be located at least 450mm from each side and rear boundary, and |
[78] Clause 2.62 Development standards
Omit “rear yard, and” from clause 2.62 (d). Insert instead “rear yard.”.
[79] Clause 2.62 (e)
Omit the paragraph.
[80] Clause 2.64 Development standards
| Omit “RU3 or RU4” from clause 2.64 (1) (a) and (b) wherever occurring. Insert instead “RU3, RU4, R5, E2, E3 or E4”. |
[81] Clause 2.65
Omit the clause. Insert instead:
|
The construction or installation of a rainwater tank below ground is development specified for this code if:
| (a) | it is constructed or installed on land in Zone RU1, RU2, RU3, RU4 or R5, and |
| (b) | it is not constructed or installed on land that is identified on an Acid Sulfate Map as being Class 1–5. |
[82] Clause 2.70 Development standards
Omit clause 2.70 (j). Insert instead:
| (j) | if it is not located on bush fire prone land—have at least two-thirds of its perimeter comprising open screen mesh material, and |
| (j1) | if it is located on bush fire prone land—cover all openings, including any sub-floor areas, operable windows, vents and eaves, and be made of a non-corrosive metal material with a maximum aperture of 2mm, and |
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
[83] Clause 2.72 Development standards
Omit clause 2.72 (a) and b. Insert instead:
| (b) | not have an area more than: | |||
|
[84] Clause 2.72 (c)
Omit “the dwelling”. Insert instead “all buildings”.
[85] Clause 2.73 Specified development
Insert at the end of the clause:
(2) Development referred to in subclause (1) is not exempt development if it is constructed or installed on land to which Orana Regional Environmental Plan No 1—Siding Spring applies.
[86] Note and Part 2, Division 1, Subdivision 38
Insert after Subdivision 37:
Note. Development for the purposes of a solar hot water system or a photovoltaic system is specified as exempt development under clause 39 (1) of State Environmental Planning Policy (Infrastructure) 2007. That subclause states that:
Development for the purpose of a photovoltaic system or solar hot water system for a building is exempt development if it complies with clause 20 (2) (Exempt development) and all of the following requirements are met:
| (a) | the system is integrated into the building or is flush or parallel with the surface of its roof, |
| (b) | the development does not: |
(i) reduce the structural integrity of, or involve structural alterations to, the building, or
(ii) necessitate the removal of trees from near the building to ensure that solar energy is available for the system,
| (c) | on average, over any 5 year period, at least 75 per cent of the electricity generated by the system in a 12 month period is used in or for the building, |
| (d) | the system is not located on a building that is a State or local heritage item or is in a heritage conservation area. |
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| Subdivision 38 | Subdivision |
| 2.75 | Specified development |
The subdivision of land, for the purpose only of any one or more of the following, is development specified for this code:
| (a) | widening a public road, | |||
| (b) | a minor realignment of boundaries that does not create: | |||
| ||||
| (c) | a consolidation of lots that does not create additional lots or the opportunity for additional dwellings, | |||
| (d) | rectifying an encroachment on a lot, | |||
| (e) | creating a public reserve, | |||
| (f) | excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public toilets. |
| 2.76 | Development standards |
Note. (At the commencement of this clause no standards were specified.)
[87] Part 2, Division 1, Subdivisions 39A–39C
Insert after Subdivision 39:
Subdivision 39A Temporary structures (other than tents
and marquees), and temporary alterations or additions to buildings or works, solely for filming purposes
| 2.78A | Specified development |
The construction or installation of a temporary structure (other than a tent or marquee), and temporary alterations or additions to a building or work, solely for filming purposes is development specified for this code.
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
| 2.78B | Development standards |
The standards specified for that development are that the development must:
| (a) | be erected, used, altered or added to in connection with filming that is exempt development, and |
| (b) | not be at the location for more than 30 days within a 12-month period, and |
| (c) | if it is an alteration or addition to the building or work— not remain in place for more than 30 days within a 12-month period, and |
| (d) | not, in its altered or added to form, be accessible to the public. |
Subdivision 39B Tennis courts
| 2.78C | Specified development |
The construction or installation of a tennis court is development specified for this code if it is:
| (a) | constructed or installed on a lot with a size of at least 1ha in a rural zone or Zone R5, and |
| (b) | not constructed or installed on or in a heritage item, a draft heritage item, a heritage conservation area or a draft heritage conservation area. |
| 2.78D | Development standards | |
|
| (a) | be for domestic purposes only and associated with a dwelling, and |
| (b) | be located behind the building line of any road frontage, and |
| (c) | not have lighting, and |
| (d) | not require cut or fill more than 600mm below or above ground level (existing). |
| (2) | There must not be more than 1 development per lot. |
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
Subdivision 39C Tents or marquees used solely for filming
purposes
| 2.78E | Specified development |
The construction or installation of a tent or marquee used solely for filming purposes is development specified for this code.
| 2.78F | Development standards |
The standards specified for that development are that the development must:
| (a) | only be used in connection with filming that is exempt development, and | |||
| (b) | for all tents or marquees on location at the same time—not have a total floor area exceeding 200m2, and | |||
| (c) | be located at least 3m from any boundary adjoining a public road and at least 1m from any other boundary, and | |||
| (d) | have the following number of exits arranged so as to afford a ready means of egress from all parts of the tent or marquee to open space or a road: | |||
| ||||
| (e) | have a width for each exit of at least: | |||
| ||||
| (f) | have a height for the walls not exceeding: | |||
| ||||
| (g) | have a height as measured from the surface on which the tent or marquee is erected to the highest point of the tent or marquee not exceeding 6m, and | |||
| (h) | resist loads determined in accordance with the following Australian and New Zealand Standards entitled: | |||
|
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
| (iii) | AS/NZS 1170.2:2002, Structural design actions— Wind actions, and |
(i) not remain at the location for more than 2 days after the completion of the filming at the location.
[88] Clause 2.80 Development standards
Insert at the end of the clause:
| (2) | Despite subclause 1 (a), a pond sump may be placed in a water feature or pond below a water depth of 300mm if the sump is covered with a bolted or anchored grate that is capable of supporting a weight of 150kg. |
[89] Clause 2.81 Specified development
| Omit “for commercial power generation”. Insert instead “connected to the electricity grid”. |
[90] Clause 2.82 Development standards
Insert after clause 2.82 (a):
| (a1) | be located at least 20m from any road boundary and 5m from each other lot boundary, and |
[91] Clause 2.82
Insert at the end of the clause:
Note. There are other existing legislative requirements relating to the clearance of power lines and Obstacle Limitation Surfaces near airport flight paths.
[92] Part 2, Division 2
Omit the Division.
[93] Clauses 3.1–3.5
Omit the clauses. Insert instead:
|
This code applies to development that is specified in clauses 3.2–3.5 on any lot in Zone R1, R2, R3, R4 or RU5 that:
| (a) | has an area of at least 200m2, and |
| (b) | has a width, measured at the building line fronting a primary road, of at least 6m. |
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| 3.2 | New single storey and two storey dwelling houses |
The erection of a new single storey or two storey dwelling house is development specified for this code.
| 3.3 | Alterations or additions to existing single storey and two storey dwelling houses | |||
| ||||
| 3.4 | Basements and roof terraces excluded | |||
|
| (a) | on a lot that has a width, measured at the building line, of at least 10m—the basement has an area greater than 45m2, or |
| (b) | on a lot that has a width, measured at the building line, of |
at least 6m, but less than 10m—the basement has an area
greater than 25m2.
| (2) | The erection of a roof terrace on the topmost roof of: | |||
| ||||
| is not development specified for this code. |
| 3.5 | Ancillary development | |||
|
| (a) | development specified in the Housing Alterations Code, and |
| (b) | development that is a balcony, deck, patio, pergola, terrace or verandah that is, or will be, attached to a dwelling houseon a lot that has an area of less than 300m2 and a width, |
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
measured at the building line, of 10m or less, unless the
development is to the primary road frontage of the lot.
Note. See clause 1.19 (6) (a) in relation to development that is detached ancillary development in a heritage conservation area or a draft heritage conservation area.
[94] Part 3, Division 1A
Insert after Division 1:
|
| 3.6A | When separate permits are not required under this Part |
A complying development certificate for complying development under Division 1 is taken to satisfy any requirement under this Policy for a permit or development consent to remove or prune a tree or other vegetation if the tree or vegetation:
| (a) | is within 3 metres of the proposed development, and |
| (b) | is less than 6 metres high, and |
| (c) | is not listed on a significant tree register or register of significant trees kept by the council. |
[95] Clause 3.8 Lot requirements
Omit clause 3.8 (1) (b) and (c). Insert instead:
| (b) | if it is a battle-axe lot—has an access laneway at least 3m wide and measures at least 12m × 12m, excluding the access laneway. |
[96] Clauses 3.9–3.12
Omit clauses 3.9–3.12. Insert instead:
|
| (1) | The site coverage of the dwelling house and all ancillary development on a lot must not be more than the following: | |||||||
|
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| (e) | 40 per cent of the area of the lot, if the lot has an area of at least 900m2 but less than 1500m2, |
| (f) | 30 per cent of the area of the lot, if the lot has an area of at least than 1500m2. |
| (2) | Despite subclause (1) (d), the site coverage of a single storey dwelling house and all ancillary development on a lot must not be | |
|
| 3.10 | Maximum floor area for dwelling houses |
The floor area of a dwelling house on a lot must not be more than the following:
| (a) | 90 per cent of the area of the lot, if the lot has an area of at least 200m2 but less than 250m2, |
| (b) | 85 per cent of the area of the lot, if the lot has an area of at least 250m2 but less than 300m2, |
| (c) | 270m2, if the lot has an area of at least 300m2 but less than 450m2, |
| (d) | 330m2, if the lot has an area of at least 450m2 but less than 600m2, |
| (e) | 380m2, if the lot has an area of at least 600m2 but less than 900m2, |
| (f) | 430m2, if the lot has an area of at least 900m2. |
| 3.11 | Maximum floor area for outbuildings |
The floor area of an outbuilding on a lot must not be more than the following:
| (a) | 36m2, if the lot has an area of less than 300m2, |
| (b) | 45m2, if the lot has an area of at least 300m2 but less than 600m2, |
| (c) | 60m2, if the lot has an area of at least 600m2 but less than 900m2, |
| (d) | 100m2, if the lot has an area of at least 900m2. |
| 3.12 | Maximum floor area for balconies, decks, patios, pergolas, terraces and verandahs |
The floor area of a balcony, deck, patio, pergola, terrace or verandah attached to a dwelling house with a floor level more
than 3m above ground level (existing) on the lot must not be more
than 12m2.
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
[97] Clause 3.13
Omit clause 3.13. Insert instead:
|
| (1) | The height of a 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 height of an outbuilding or the alterations and additions to an existing outbuilding on a lot must not be more than 4.8m above ground level (existing). |
[98] Clause 3.14 Setbacks of dwelling houses and ancillary development from roads, other than classified roads
Omit “in Zone R1, R2, R3, R4, R5 or RU5” wherever occurring in clause 3.14 (1)–(3).
[99] Clause 3.14 (1) (b) and (3) (b)
Omit the paragraphs. Insert instead:
| (b) | in any case where 2 dwelling houses are not located within 40m of the lot: | |||
| ||||
|
[100] Clauses 3.16–3.18
Omit clauses 3.16–3.18. Insert instead:
|
(1) This clause applies to the following:
| (a) | a dwelling house and any carport, garage, balcony, deck, patio, pergola, terrace or verandah that is attached to the dwelling house (a building), |
| (b) | an outbuilding, or alterations and additions to an existing outbuilding (also a building). |
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| (2) | Any point of a building on a lot must have a setback from the side boundary nearest to that point of at least the following: | |
|
(i) for any part of the building with a height of up to 5.5m—0.9m,
(ii) for any part of the building with a height of more than 5.5m—0.9m plus one-quarter of the height of the building above 5.5m,
| (b) | if the lot has a width, measured at the building line, of at least 10m, but less than 18m: | |||
| ||||
| (c) | if the lot has a width, measured at the building line, of at least 18m, but less than 24m: | |||
| ||||
| (d) | if the lot has a width, measured at the building line, of at least 24m—2.5m for all building heights. |
| (3) | Despite subclause (2) (a): | |||
| ||||
| (4) | Subclause (3) does not apply if: | |||
|
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
| (5) | A boundary wall of a building erected under subclause (3): | |||||
| ||||||
| but in any case must not be higher than 8.5m. | ||||||
| (6) | The boundary wall of a building erected under subclause (3): | |||||
|
| 3.17 | Setbacks of dwelling houses from rear boundaries | |||
|
| (a) | if the lot has a width, measured at the building line, of at least 6m, but less than 10m, for any part of the building with a height of up to 4.5m—3m, |
| (b) | if the lot has a width, measured at the building line, of at least 6m, but less than 8m—the average of the nearest 2 adjoining dwellings or, if there are not 2 adjoining dwellings, 6m for any part of the building with a height greater than 4.5m, |
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| (c) | if the lot has a width, measured at the building line, of at least 8m, but less than 10m, for any part of the building with a height greater than 4.5m—6m, | |||
| (d) | if the lot has a width, measured at the building line, of at least 10m, but less than 15m: | |||
| ||||
| (e) | if the lot has a width, measured at the building line, of at least 15m, but less than 18m: | |||
| ||||
| (f) | if the lot has a width, measured at the building line, of at least 18m: | |||
|
| (3) | Despite subclause (2), if the lot has a rear boundary with a lane the building may have a building line that abuts that boundary for not more than 50 per cent of the length of that boundary. |
| 3.18 | Setbacks of outbuildings from rear boundaries | |||
|
| (a) | if the lot has a width, measured at the building line, of at least 6m, but less than 12m: | |||
|
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
| (b) | if the lot has a width, measured at the building line, of at least 12m, but less than 18m: | |||
| ||||
| (c) | if the lot has a width, measured at the building line, of at least 18m, but less than 24m: | |||
| ||||
| (d) | if the lot has a width, measured at the building line, of at least 24m: | |||
|
| (3) | Despite subclause (2) (a) if: | |||
| ||||
| the outbuilding must have a setback from the rear boundary of the lot of at least the following: | ||||
| ||||
| (4) | Despite subclause (2), if the lot has a rear boundary with a lane the outbuilding may have a building line that abuts that boundary for not more than 50 per cent of the length of that boundary. |
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
[101] Clause 3.19 Exceptions to setbacks
Insert “and” after “development,” in clause 3.19 (b) (ii).
[102] Clause 3.19 (b) (iii)
Omit the subparagraph.
[103] Clause 3.20 Calculating setbacks
Insert after clause 3.20 (3):
| (4) | For the purpose of calculating setbacks for a battle-axe lot, the setback on the opposite side of the lot to the rear setback is taken to be a side setback. |
[104] Clause 3.20A
Insert after clause 3.20:
| 3.20A | Protecting adjoining walls |
Despite any other development standard of this code, if the development involves the erection of a wall to a boundary that has a wall less than 0.9m from the boundary, the wall must be built in accordance with the method of support proposed by the professional engineer’s report provided with the application for the complying development certificate.
[105] Clause 3.22 Building elements within the articulation zone
Omit clause 3.22 (2). Insert instead:
| (2) | A building element on a dwelling house (other than a pitched roof to an entry feature or portico that has the same pitch as the roof on the dwelling house) must not extend more than: | |||
|
[106] Clause 3.23 Privacy
Omit clause 3.23 (4).
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
[107] Clauses 3.24 and 3.25
Omit the clauses. Insert instead:
|
| (1) | A lot on which development specified for this code is carried out must have a landscaped area of at least the following: | |||||||||||
| ||||||||||||
| (2) | If the lot has a width, measured at the building line, of at least 18m, at least 50% of the area forward of the building line to the primary road must be landscaped. | |||||||||||
| (3) | If the lot has a width, measured at the building line, of less than 18m, at least 25% of the area forward of the building line to the primary road must be landscaped. | |||||||||||
| (4) | At least 50% of the landscaped area must be located behind the building line to the primary road. | |||||||||||
| (5) | The landscaped area must be at least 1.5m wide. | |||||||||||
| (6) | Subclauses (1)–(5) do not apply to development referred to in clause 3.3 if the development does not: | |||||||||||
|
| 3.25 | Principal private open space | |||
|
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| (3) | In this clause, principal private open space means an area that: | |||||
|
[108] Clause 3.26 Car parking requirements
Insert after clause 3.26 (1):
| (1A) | Subclause (1) does not apply to a lot that has a width, measured at the building line, of less than 8m, except in the local government areas of Fairfield City and Holroyd City. |
[109] Clause 3.27
Omit the clause. Insert instead:
|
| (1) | A garage, carport or car parking space for a dwelling house must: | |||
| ||||
| (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 the door openings must not exceed: | |||
| ||||
| (3) | A garage cannot be erected on a lot that has a width, measured at the building line, of less than 8m, except in the local government areas of Fairfield City and Holroyd City. | |||
| (4) | An open hard stand car parking space must measure at least 2.6m wide and 5.4m long. |
[110] Clause 3.28 Vehicle access
Omit “1993” from clause 3.28 (2). Insert instead “2004”.
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
[111] Clause 3.28 (3)
Insert after clause 3.28 (2), before the note:
| (3) | The off street car parking space for a battle-axe lot must be constructed in a way that allows vehicles to leave the lot in a forward direction. |
[112] Clause 3.33
Omit the clause. Insert instead:
|
| (1) | This clause applies: | |||||
| ||||||
| (2) | A detached studio must be at least 3m from any part of the dwelling house below 4.5m in height and 6m from any part of the dwelling house above 4.5m. | |||||
| (3) | A detached studio must not be more than 6m high, 9m wide or 7m deep. | |||||
| (4) | The floor area of a detached studio must not be more than the following: | |||||
| ||||||
| (5) | The side setback for a detached studio is the following: | |||||
|
(i) 0.9m for a building height of up to 4.5m,
(ii) 1.2m for a building height greater than 4.5m,
| (b) | if the lot has a width, measured at the building line, of at least 15m, but less than 18m: | |||
|
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| (c) | if the lot has a width, measured at the building line, of at least 18m: | |||
|
| (6) | Despite subclause (5): | |||
| ||||
| (7) | Subclause (6) does not apply if: | |||
|
(8) A boundary wall of a detached studio erected under
subclause (6):
| (a) | must not be higher than 3.3m, or |
| (b) | if the wall is to be built to a boundary wall on an adjoining lot, must not be higher than the height of that wall, or |
| (c) | if the lot on which the detached studio is erected is an adjoining lot for which a single complying development certificate has been issued under clause 126 (4) of the Environmental Planning and Assessment Regulation 2000, must not be higher than the height of the wall on the adjoining lot, |
but in any case must not be higher than 8.5m.
(9) The boundary wall of a detached studio erected under
subclause (6):
| (a) | together with the length of the boundary walls of any other buildings on the lot must not have a length totalling more than 20m or 50% of the depth of the lot, whichever is the lesser, or |
| (b) | if the wall is to be built to a boundary wall on an adjoining lot, must not be longer than the length of that boundary wall, or |
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
| (c) | if the lot on which the detached studio is erected is an adjoining lot for which a single complying development certificate has issued under clause 126 (4) of the Environmental Planning and Assessment Regulation 2000, must not be longer than the length of the wall on the adjoining lot. |
[113] Clause 3.34 Swimming pools
Insert after clause 3.34 (5), before the note:
| (6) | Pumps attached to the development must be housed in a soundproof enclosure. |
| (7) | If the swimming pool is being constructed after, and at a different time to, the erection of a dwelling on the lot, the development standards for this code (other than the standards referred to in clauses 3.9 and 3.24) do not apply to the construction. |
[114] Clauses 3.35 (4A) and 3.36 (2)
Omit “non combustible” from clauses 3.35 (4A) and 3.36 (2) wherever occurring.
Insert instead “non-combustible”.
[115] Clause 3.36 Construction of fences
Omit “, unless the fence is on a lot in Zone RU1, RU2, RU3 or RU4” from clause 3.36 (1).
[116] Part 3, Division 2, Subdivisions 8 and 9
Insert after Subdivision 7:
|
| 3.36A | Development standards for outbuildings in heritage conservation areas | |
|
| (a) | to an outbuilding erected on a lot in a heritage conservation area or a draft heritage conservation area to which this code applies, and |
| (b) | in addition to the development standards specified in clauses 3.9, 3.13, 3.16 and 3.18. |
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
| (2) | The outbuilding must be located: | |||
| ||||
| (3) | The floor area of an outbuilding must not be more than 20m2. | |||
| (4) | The lot must not adjoin a lane or a secondary or parallel road frontage. |
| Subdivision 9 | Development standards for particular land |
| 3A.37 | Development standards for bush fire prone land | |
|
| (a) | to all development specified for this code that is to be carried out on a lot that is wholly or partly bush fire prone land (other than development that is the erection of a farm building that is more than 10m from any dwelling house, landscaping, a non-combustible fence or a swimming pool), and |
| (b) | in addition to all other development standards specified for this code. |
| (2) | The development may be carried out on the lot only if: | |
|
(i) Planning for Bush Fire Protection (ISBN 0 9751033 2 6) published by the NSW Rural Fire Service in December 2006,
(ii) Addendum: Appendix 3 (ISBN 0 9751033 2 6, published by NSW Rural Fire Service in 2010) to Planning for Bush Fire Protection (ISBN 0 9751033 2 6),
(iii) if another document is prescribed by the regulations for the purposes of section 79BA of the Environmental Planning and Assessment Act 1979—that document, and
| (b) | the part of the lot on which the development is to be carried out and any associated access way is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ), and |
| (c) | the lot has direct access to a public road or a road vested in or maintained by the council, and |
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| (d) | the development is located within 200m of that road, and | |||
| (e) | there is sufficient access designed in accordance with the acceptable solutions identified in clause 4.1.3 (2) of Planning for Bush Fire Protection (ISBN 0 9751033 2 6) published by the NSW Rural Fire Service in December 2006, and | |||
| (f) | a 20,000L water supply with 65mm metal Storz outlet with a gate or ball valve is provided for fire fighting purposes on the lot (the gate or ball valve, pipes and tank penetrations are to be designed to allow for a full 50mm inner diameter water flow through the Storz fitting and must be of a metal construction), and | |||
| (g) | reticulated or bottled gas on the lot is installed and maintained in accordance with AS/NZS 1596:2008, The storage and handling of LP Gas and the requirements of relevant authorities (metal piping must be used), and | |||
| (g) | all fixed gas cylinders on the lot are located at least 10m from flammable materials and are enclosed on the hazard side of the installation, and | |||
| (h) | any gas cylinders on the lot that are within 10m of a dwelling house: | |||
|
(i) there are no polymer sheathed flexible gas supply lines to gas meters adjacent to the dwelling.
Note. The requirements of AS 3959—2009, Construction of buildings in bushfire-prone areas set out in the Building Code of Australia also apply.
| (3) | A standard specified in subclause (2) (b) is satisfied if one of the following certifies that the development is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ): | |||||
| ||||||
| Note. More information about the categories of bush fire attack, including the flame zone, can be found in Table A3.4.2 of Addendum: Appendix 3 (ISBN 0 9751033 2 6 and published by NSW Rural Fire |
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
Service in 2010) to the publication titled Planning for Bush Fire Protection (ISBN 0 9751033 2 6) published by NSW Rural Fire Service in 2006.
| 3A.38 | Development standards for flood control lots | |
|
| (a) | to all development specified for this code that is to be carried out on a flood control lot, and |
| (b) | in addition to all other development standards specified for this code. |
| (2) | The development must not be on any part of a flood control lot that has been certified by the council or a professional engineer who specialises in hydraulic engineering as: | |||||||||||
| ||||||||||||
| (3) | The development must, to the extent it is within a flood planning | |||||||||||
| area: | ||||||||||||
|
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| (g) | have driveways between car parking spaces and the connecting public roadway that will not be inundated by a depth of water greater than 0.3m during a 1:100 ARI (average recurrent interval) flood event. |
| (4) | A standard specified in subclause (3) (c) or (d) is satisfied if a joint report by a professional engineer who specialises in hydraulic engineering and a professional engineer who specialises in civil engineering confirms that the development: | |||
| ||||
| (5) | A word or expression used in this clause has the same meaning as it has in the Floodplain Development Manual, unless it is otherwise defined in this clause. | |||
| (6) | In this clause: | |||
| flood compatible material means building materials and surface finishes capable of withstanding prolonged immersion in water. | ||||
| Floodplain Development Manual means the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government in April 2005. | ||||
| flow path means a flow path identified in the council’s flood study or floodplain risk management study carried out in accordance with the Floodplain Development Manual. | ||||
| high hazard area means a high hazard area identified in the council’s flood study or floodplain risk management study carried out in accordance with the Floodplain Development Manual. | ||||
| high risk area means a high risk area identified in the council’s flood study or floodplain risk management study carried out in accordance with the Floodplain Development Manual. |
| Division 4 | Conditions applying to complying development certificates 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
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
Complying Development Codes) 2008
complying development certificate requiring the payment of a monetary contribution in
accordance with that plan.
| Subdivision 1 | Conditions applying before works commence |
| 3A.39 | Protection of adjoining areas |
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. |
Note. See the entry in the General Exempt Development Code for scaffolding, hoardings and temporary construction site fences.
| 3A.40 | Toilet facilities | |||
|
| (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. |
| 3A.41 | Garbage receptacle | |||
|
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| 3A.42 | 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.
| 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.
| 3A.43 | Hours of construction |
Construction 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.
| 3A.44 | Compliance with plans |
Works must be carried out in accordance with the plans and specifications to which the complying development certificate relates.
| 3A.45 | Sedimentation and erosion controls |
Run-off and erosion controls must be effectively maintained until the site has been stabilised and landscaped.
| 3A.46 | Maintenance of site | |||||
|
| Subdivision 3 | Construction requirements |
| 3A.47 | Staging construction | |
|
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
| (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. |
| 3A.48 | 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.
[121] Part 4, heading
Omit “Internal”.
[122] Clauses 4.2–4.6
Renumber as clauses 4.7–4.11.
[123] Clause 4.1A Development standards
Renumber as clause 4.2.
[124] Part 4, Division 1, Subdivision 2
Omit the Subdivision. Insert instead:
| ||
|
The following development is specified for this code:
| (a) | if the development is on land that is not within a heritage conservation area or a draft heritage conservation area— external alterations to an existing dwelling house, |
| (b) | if the development is on land that is within a heritage conservation area or a draft heritage conservation area— external alterations to that part of the dwelling house that is a single storey, |
| (c) | external alterations to existing ancillary development that is associated with a dwelling house. |
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| 4.4 | 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 a change to the floor area of the dwelling house, and | |||
| (c) | must not result in a change to the footprint of the dwelling house, and | |||
| (d) | if it is a new window in an alteration or addition to an existing dwelling house, must have a privacy screen if: | |||
| ||||
| ||||
| (e) | if it is located on bush fire prone land and is a new opening—must be adequately sealed or protected to prevent the entry of embers, and | |||
| (f) | if it is located in a heritage conservation area or a draft heritage conservation area—is limited to a wall, including a wall opening, behind the rear most building line. |
| Subdivision 3 | Attic conversions |
| 4.5 | Specified complying development |
An attic conversion in respect of a dwelling house that existed at the commencement of this clause is development specified for this code.
| 4.6 | Development standards | |
|
| (a) | must be contained entirely within the roof space, and |
| (b) | must not result in a change in the roof pitch, and |
| (c) | must have one dormer window if the building is less than 6m wide or 2 dormer windows if the building is 6m wide or more, and |
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
| (d) | the flashing or waterproofing for a dormer window must not span the roof ridge, and | |||
| (e) | if it is constructed in a heritage conservation area or a draft heritage conservation area: | |||
| ||||
|
| (2) | A dormer window referred to in subclause (1): | |||||||||
|
[125] Clause 4.9 Hours for construction (as renumbered by item [122])
Omit “or demolition” from the clause wherever occurring.
[126] Clause 4.11 Maintenance of site (as renumbered by item [122])
| Omit “Demolition materials and waste materials” from clause 4.11 (2). Insert instead “Waste materials”. |
[127] Part 4A
Insert after Part 4:
Part 4A General Development Code
Note 1. Schedule 3 contains variations to this code.
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
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.
| Division 1 | Specified development and development standards under this code |
| Subdivision 1 | Bed and breakfast accommodation |
| 4A.1 | Specified complying development |
Bed and breakfast accommodation is development specified for this code if it is:
| (a) | carried out on land in a land use zone where bed and breakfast accommodation is a permissible use, and |
| (b) | not constructed or installed on bush fire prone land. |
| 4A.2 | Development standards |
The standards specified for that development are that the development must:
| (a) | be in an existing dwelling house, and |
| (b) | consist of not more than 4 guest bedrooms, and |
| (c) | have at least 1 guest bathroom, and |
| (d) | have a fire extinguisher and fire blanket in the kitchen, and |
| (e) | have at least 1 off-road car parking space per guest bedroom, and |
| (f) | not display any advertisement on the premises (other than a notice or sign indicating the name and occupation of the resident), and |
| (g) | if the dwelling house is subject to the Strata Schemes Management Act 1996 or the Community Land Management Act 1989—have the prior approval of the owners corporation, or the community, precinct or neighbourhood association. |
Note. The use of a dwelling as bed and breakfast accommodation will result in a change of building class for the dwelling under the Building
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
Code of Australia. There will be new fire safety and access requirements.
| Division 2 | Conditions applying to complying development certificates 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.
[When this SEPP was made there were no conditions in this Division.]
[128] Clause 5.2 Development standards—general
Omit “premises, and” from clause 5.2 (g). Insert instead “premises.”.
[129] Clause 5.2
Omit clause 5.2 (h).
[130] Clause 5.7 Specified complying development
Omit “on, or in relation to, a heritage item or a draft heritage item, or” from clause 5.7.
[131] Clause 5.8 Development standards
Omit “methods, and” from clause 5.8 (d). Insert instead “methods.”.
[132] Clause 5.8
Omit clause 5.8 (e).
[133] Clause 5.10 Development standards
Omit “disability, and” from clause 5.10 (d). Insert “disability.”.
[134] Clause 5.10
Omit clause 5.10 (e).
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
[135] Clause 5.12
Omit clause 5.12. Insert instead:
|
The standard specified for that development is that the development be constructed or installed so that any opening created is adequately weather proofed.
[136] Clause 5.16 Hours for construction
Omit “or demolition” from clause 5.16.
[137] Clause 5.18 Maintenance of site
| Omit “Demolition materials and waste materials” from clause 5.18 (2). Insert instead “Waste materials”. |
[138] Part 7
Insert after Part 6:
| ||
| Note 1. Schedule 3 contains variations to 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. | ||
| ||
|
| (1) | The demolition or removal of the following development, is development specified for this code: | |||||
|
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
| (d) | a commercial building that would be complying development under the General Commercial and Industrial Code if it were being constructed. |
| (2) | If development specified under subclause (1) is within a heritage conservation area or a draft heritage conservation area, the development may only relate to: | |||||||
|
| 7.2 | Development standards | |
|
| (a) | the development must be carried out in accordance with AS 2601—2001, The demolition of structures, and | |||
| (b) | run-off and erosion controls to prevent soil erosion, water pollution or the discharge of loose sediment on the land surrounding the development must be implemented by: | |||
| ||||
| ||||
| (c) | any essential service must be disconnected from the structure being demolished or removed in accordance with the requirements of the relevant authority, and | |||
| (d) | the structure being demolished or removed must not be relocated on the same lot or to a different lot, unless it meets the relevant development standards specified in Part 3 or Part 3A, and | |||
| (e) | the development must, if it is the demolition or removal of an existing attached dwelling or a semi-detached dwelling, not be carried out within the front 6m of the dwelling or forward of the roof ridge line. |
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| (2) | Despite any other development standard of this code, if the development involves the demolition or removal of a wall to a boundary that has a wall less than 0.9m from the boundary, the wall must be demolished or removed in accordance with the method of maintaining support proposed by the professional engineer’s report provided with the application for the complying development certificate. |
| (3) | If the demolition or removal referred to in subclause (2) results in the exposure of a common wall, the common wall must, at the completion of the development, be weatherproofed. |
| Division 2 | Conditions applying to complying development certificates 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.
| Subdivision 1 | Conditions applying before works commence |
| 7.3 | Protection of adjoining areas |
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. |
Note. See the entry in the General Exempt Development Code for scaffolding, hoardings and temporary construction site fences.
| 7.4 | Toilet facilities | |
|
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
| (2) | Each toilet must: | |||||
|
| 7.5 | Garbage receptacle | |||||
| ||||||
| 7.6 | Notification to neighbours | |||||
| ||||||
| 7.7 | Adjoining wall dilapidation report | |||||
|
dilapidation report means a report, prepared by a professional engineer, confirming the structural condition of the adjoining wall before the development commences.
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| 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.
| 7.8 | Hours for demolition |
Demolition may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no demolition is to be carried out at any time on a Sunday or a public holiday.
| 7.9 | Compliance with plans |
Works must be carried out in accordance with the plans and specifications to which the complying development certificate relates.
| 7.10 | Sedimentation and erosion controls |
Run-off and erosion controls must be effectively maintained until the site has been stabilised and landscaped.
| 7.11 | Maintenance of site | |||||
|
[139] Schedule 1 Amendment of other environmental planning instruments
Omit the Schedule.
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy No 4—Development | Schedule 2 |
| Without Consent and Miscellaneous Exempt and Complying Development |
| Schedule 2 | Amendment of State Environmental Planning Policy No 4—Development Without Consent and Miscellaneous Exempt and Complying Development |
[1] Clause 2 Definitions
Omit the definition of filming from clause 2 (1).
[2] Clause 3 Aims, objectives etc
Omit clause 3 (3).
[3] Part 4 Exempt development
Omit the Part.
| 2010 No 656 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Additional Codes) 2010 |
| Schedule 3 | Amendment of State Environmental Planning Policy No 60—Exempt and Complying Development |
| Schedule 3 | Amendment of State Environmental Planning Policy No 60—Exempt and Complying Development |
[1] Schedule 3 Exempt development
Omit clauses 3–6 and 10.
[2] Schedule 4 Complying development in metropolitan Sydney
| Omit all matter relating to items 1–3 and 5 (including matter relating to Group A, Group B, Group C, Group D and Group F). |
[3] Schedule 5 Complying development
| Omit all matter relating to items 1–3 and 5 (including matter relating to Group A, Group B and Group D). |
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 656 |
| Codes) Amendment (Additional Codes) 2010 |
| Amendment of State Environmental Planning Policy (Affordable Rental | Schedule 4 |
| Housing) 2009 |
| Schedule 4 | Amendment of State Environmental Planning Policy (Affordable Rental Housing) 2009 |
[1] Clause 23 Complying development
| Omit “clause 1.18 (1) and (2)” from clause 23 (1) (a). Insert instead “clauses 1.17A (1) and 1.18 (1) and (2)”. |
[2] Clause 23 (1) (b)
| Omit “clause 1.19” from the paragraph. Insert instead “clause 1.19 (1), (3) and (6)”. |
[3] Clause 23 (2) (b) (i)
Omit “clause 1.19 of” from the subparagraph.
[4] Clause 23 (2A)
Insert after subclause (2):
| (2A) | Development under subclauses (2) and (3) must also satisfy the requirements for complying development specified in clauses 3.36B and 3.36C of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. |
[5] Clause 45 Complying development—group homes
| Omit “clauses 1.18 (2) (c) and 1.19 (2) (e)” from clause 45 (1). Insert instead “clauses 1.18 (1) (h) and 1.19 (6) (b)”. |
[6] Clause 45 (1) (a)
| Omit “clause 1.19 (2) (c)” from the paragraph. Insert instead “clause 1.19 (6) (a)”. |
[7] Clause 45 (1) (b) and (c)
Omit the paragraphs.
[8] Clause 45 (1A)
Insert after subclause (1):
(1A) Development under subclause (1) must also satisfy the requirements for complying development specified in clause 3.36B of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
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