State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Bush Fire Response) (No 2) 2020 (2020-70) LW 28 February 2020 (NSW)

New South Wales

State Environmental Planning Policy

(Exempt and Complying Development

Codes) Amendment (Bush Fire Response)

(No 2) 2020

under the

Environmental Planning and Assessment Act 1979

Her Excellency the Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979.

ROBERT STOKES, MP

Minister for Planning and Public Spaces

State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Bush Fire

Response) (No 2) 2020 [NSW]

State Environmental Planning Policy (Exempt and Complying

Development Codes) Amendment (Bush Fire Response) (No 2)

2020

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 (Bush Fire Response) (No 2) 2020.

2      Commencement

This Policy commences on the day on which it is published on the NSW legislation website.

3      Repeal of Policy

(1)

This Policy is repealed on the day following the day on which this Policy

commences.

(2)

The repeal of this Policy does not, because of the operation of sections 5(6) and 30

of the Interpretation Act 1987, affect any amendment made by this Policy.

State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Bush Fire

Response) (No 2) 2020 [NSW]

Schedule 1 Amendment of State Environmental Planning Policy (Exempt and Complying Development

Codes) 2008

Schedule 1	Amendment of State Environmental Planning
Policy (Exempt and Complying Development
Codes) 2008

Part 2, Division 1, Subdivision 36B

Insert after clause 2.72B—

Subdivision 36B Shipping containers and portable offices (temporary

installation and use for existing commercial and

industrial purposes)

2.72C Specified development

The installation and temporary use of a shipping container or portable office on land in a business zone or industrial zone is development specified for this code if the land—

(a)	is part of a lot on which a building has been significantly damaged by a bush fire, and
(b)	is 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 in respect of bush fires exists.

2.72D Development standards

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

(a)

be carried out within 2 years of the declaration being made, and

(b)

be removed no more than 2 years after it is installed, and

(c)

not be used for a purpose other than a commercial or industrial purpose for which a building, significantly damaged by a bush fire, on the lot was lawfully used in the 12 months immediately before the building was significantly damaged by the bush fire, and

(d)

have appropriate foundations and structural support to ensure that it is safe and stable, and

(e)

if it is a shipping container—

(i)	have a maximum length of 12.5m, and
(ii)	have a maximum height of 3m, and

(iii) have a maximum width of 2.5m, and

(f)

if it is a portable office—

(i)	have a maximum area of 36m2, and
(ii)	have a maximum height of 3m, and

(g)

be at least 1.2m clear of any 150mm diameter sewer main or 2m clear of any 225mm (or greater) diameter sewer main, and

(h)

be located at a distance from each lot boundary of at least—

(i)	if the adjoining lot is used for a residential purpose—5m, or
(ii)	if the adjoining lot is not used for a residential purpose—1m, and

(i)      not result in more than—

(i)	2 shipping containers installed on the lot, or
(ii)	2 portable offices installed on the lot, or

(iii) 1 shipping container and 1 portable office installed on the lot, and

State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Bush Fire

Response) (No 2) 2020 [NSW]

Schedule 1 Amendment of State Environmental Planning Policy (Exempt and Complying Development

Codes) 2008

(j)	not affect the means of egress from any building in an emergency, and
(k)	be installed so that roof water is disposed of without causing a nuisance to adjoining owners, and
(l)	not be installed over any easement, and
(m)	not be installed over drainage pipes or any house drainage pipelines unless access to the inspection openings is maintained at all times, and
(n)	if it contains plumbing fixtures—have those fixtures connected to an approved waste water treatment device or an approved connection to the sewer.

Note. The Food Act 2003, and the regulations under that Act, may contain

additional requirements in relation to premises used by a food business in

connection with the handling of food intended for sale.