State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Low Rise Medium Density Housing) 2017 (2018-132) LW 6 April 2018 (NSW)
| New South Wales |
State Environmental Planning Policy
(Exempt and Complying Development
Codes) Amendment (Low Rise Medium
Density Housing) 2017
under the
Environmental Planning and Assessment Act 1979
His 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.
ANTHONY ROBERTS, MP
Minister for Planning
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Low Rise Medium Density Housing) 2017
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 (Low Rise Medium Density Housing) 2017.
2 Commencement
This Policy commences 3 months after the day on which it is published on the NSW legislation website.
3 Repeal of Policy
|
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
[1] Clause 1.5 Interpretation—general
| Omit “dwelling house” from the definition of attached development in clause 1.5 (1). Insert instead “building that is residential accommodation”. |
[2] Clause 1.5 (1)
| Omit the definitions of gross floor area and principal private open space. Insert in alphabetical order: |
carport means a roofed structure for the shelter of motor vehicles that has 2 or
more sides open and not less than one-third of its perimeter open.
gross floor area has the same meaning as it has in the Standard Instrument.
However, in Part 3 or 3B it means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4m above the floor, and includes habitable rooms in a basement or an attic, but excludes the following:
| (a) | any storage area, vehicular access area, loading area, garbage area or services located in a basement, |
| (b) | 1 car parking space per dwelling (including access to the parking space), |
| (c) | any terrace or balcony with outer walls less than 1.4m high, |
| (d) | voids above a floor at the level of a storey or storey above, |
| (e) | any common area intended to be used by occupants of the building to access dwellings on higher or lower storeys of the building such as a stairwell or lift shaft. |
Low Rise Medium Density Housing Code means the code for complying
development set out in Part 3B.
Medium Density Design Guide means the Medium Density Design Guide
published by the Department of Planning and Environment on the day on which State Environmental Planning Policy (Exempt and Complying
Development Codes) Amendment (Low Rise Medium Density Housing) 2017
commences.
Note. A copy of the Guide is available on the website of the Department.
principal private open space means an area outside a dwelling that is directly
accessible from, and adjacent to, a habitable room in the dwelling, other than
a bedroom.
[3] Clause 1.5 (1), definition of “complying development code”
Insert after paragraph (b):
| (b1) | Low Rise Medium Density Housing Code, |
[4] Clause 1.5 (1), definition of “corner lot”
Insert “(other than a lane)” after “road or roads”.
[5] Clause 1.5 (1), definition of “detached development”.
Omit “dwelling house”. Insert instead “building that is residential accommodation”.
[6] Clause 1.5 (1), definition of “floor area for a balcony, deck, patio, pergola, terrace or verandah”
Insert “, 3B” after “3A”.
[7] Clause 1.19 Land on which complying development may not be carried out
Insert “, Low Rise Medium Density Housing Code” after “for Housing Code” in the heading to clause 1.19 (1).
[8] Clause 1.19 (1)
Insert “, the Low Rise Medium Density Housing Code” after “the Housing Code”.
[9] Clause 1.19 (2)
Insert “or the Low Rise Medium Density Housing Code” after “Housing Code”.
[10] Clause 1.19 (3A)
Insert after clause 1.19 (3):
| (3A) | Development specified in the Low Rise Medium Density Housing Code is not complying development under that code if it is carried out on land on which there is a heritage item or a draft heritage item. |
[11] Clause 2.20 Development standards
Omit clause 2.20 (1) (f).
[12] Clause 2.20 (1), note
Insert after clause 2.20 (1) (n):
Note. See the definition of carport in clause 1.5 (1) that sets out additional requirements for carports.
[13] Clause 3.13 Minimum landscaped area
Insert after clause 3.13 (4):
| (4A) | The principal private open space must: | |||
|
[14] Clause 3.23 Other development standards for detached garages and carports
Omit clause 3.23 (4).
[15] Clause 3.27 Minimum landscaped area
Insert after clause 3.27 (4):
| (4A) | The principal private open space must: | |||
|
[16] Clause 3.28 Development standards for swimming pools
Omit “, principal private open space” from Note 1.
[17] Clause 3A.25
Omit the clause. Insert instead:
| 3A.25 | Principal private open space |
A lot in Zone RU5 that has an area of less than 4,000m2 and on which a new dwelling house is erected must have principal private open space that:
| (a) | is at least 24m2, and |
| (b) | is at least 3m wide, and |
| (c) | is not steeper than 1:50 gradient. |
[18] Part 3B
Insert after Part 3A:
Part 3B Low Rise Medium Density Housing Code
Note 1. Clause 1.18 (1) (b) states that to be complying development for the purposes of this Policy
| the development must be permissible with consent under an environmental planning instrument applying to the land on which the development is carried out. | ||
| 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. | ||
|
| 3B.1 | Development that can be complying development under this code | |
|
| (a) | any 1 or 2 storey dual occupancy, manor house or multi dwelling housing (terraces), |
| (b) | any attached development or detached development related to any building referred to in paragraph (a). |
| (2) | For the purposes of calculating the number of storeys in a building for the purposes of this code, only those parts of a basement that comprise habitable rooms are to be counted as a storey. | |||
| (3) | Lot requirements | |||
| Complying development specified for this code may only be carried out on a lot that meets the following requirements: | ||||
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| (4) | Erection of attached development and detached development | |||
| Attached development or detached development may be erected on a lot: | ||||
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| Note 1. Complying development certificate has the same meaning as it has in the | ||||
| Act. | ||||
| Note 2. Clauses 1.17A, 1.18 and 1.19 (1) set out additional requirements for complying | ||||
| development. |
| 3B.2 | Development that is not complying development under this code |
The following development is not complying development under this code:
| (a) | the erection or alteration of, or an addition to, a roof terrace on the top most roof of a building, |
| (b) | development that is complying development under the Housing Alterations Code, |
| (c) | development on a battle-axe lot, |
| (d) | development that is attached to a secondary dwelling or group home, |
| (e) | the erection of a building over a registered easement, |
| (f) | the alteration of, or an addition to, a garage or carport that is located forward of the building line, |
| (g) | the erection of multi dwelling housing (terraces) on bush fire prone land. |
| 3B.3 | Determining lot type |
In this code, a reference to a lot is a reference to any of the following lots:
| (a) | standard lot, |
| (b) | corner lot, |
| (c) | parallel road lot. |
Note 1. Corner lot, lane, parallel road lot and standard lot are defined in clause 1.5.
Note 2. A lot that adjoins a lane is not a parallel road lot or a corner lot. The lot type
depends on which other roads it fronts (if any).
| 3B.4 | Complying development on bush fire prone land | |
|
code:
| (a) | a non-habitable detached development that is more than 10m from any residential accommodation, |
| (b) | a landscaped area, |
| (c) | a non-combustible fence, |
| (d) | a swimming pool. |
| (2) | If complying development under this code is carried out on bush fire prone land, all of the following development standards also apply: | |||||||
|
(i) it must be installed and maintained in accordance with AS/NZS 1596:2008, The storage and handling of LP Gas, and
(ii) the storage and handling of any LP gas on the lot must comply with the requirements of the relevant authorities (including the use of metal piping),
| (e) | any gas cylinder stored on the lot within 10m of any dwelling must: | |||
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| (f) | there must not be any polymer sheathed flexible gas supply lines to gas meters adjacent to the dual occupancy, | |||
| (g) | if the development is carried out on a lot in Zone RU5, there must be: | |||
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| (h) | if the development is carried out on a lot in any zone other than Zone RU5, there must be: | |||
|
(i) the development must comply with the requirements of all of the following:
|
published by the NSW Rural Fire Service in December 2006,
(ii) Addendum: Appendix 3 (published by NSW Rural Fire Service
in 2010) to Planning for Bush Fire Protection
(ISBN 0 9751033 2 6),
(iii) AS 3959–2009, Construction of buildings in bushfire-prone
areas,
(iv) any other document required by the Environmental Planning and
Assessment Regulation 2000 (in accordance with section 79BA
of the Act).
Note 1. Attached development, bush fire attack level-40 (BAL-40), council,
detached development and flame zone (BAL-FZ) are defined in clause 1.5.
Note 2. Bush fire prone land, landscaped area, road and swimming pool have the
same meanings as they have in the Standard Instrument.
| (3) | A development standard specified in subclause (2) (a) is satisfied if the council or a person who is recognised by the NSW Rural Fire Service as a suitably qualified consultant in bush fire risk assessment certifies that the development is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ). |
| 3B.5 | Complying development on flood control lots | |
|
| (a) | a flood storage area, |
| (b) | a floodway area, |
| (c) | a flow path, |
| (d) | a high hazard area, |
| (e) | a high risk area. |
| (2) | If complying development under this code is carried out on any part of a flood control lot, the following development standards also apply in addition to any other development standards: | |||||||||||||
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| (3) | The requirements under subclause (2) (c) and (d) are satisfied if a joint report by a professional engineer specialising in hydraulic engineering and a professional engineer specialising in civil engineering states that the requirements are satisfied. | |||||||||||||
| (4) | 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 Policy. | ||||||||||||||
| (5) | In this clause: | |||||||||||||
| flood compatible material means building materials and surface finishes | ||||||||||||||
| capable of withstanding prolonged immersion in water. | ||||||||||||||
| flood planning level means: | ||||||||||||||
| ||||||||||||||
| 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. | ||||||||||||||
| Note 1. Council, flood control lot, habitable room and professional engineer are | ||||||||||||||
| defined in clause 1.5. | ||||||||||||||
| Note 2. A section 149 certificate from a council will state whether or not a lot is a flood | ||||||||||||||
| control lot. |
| 3B.6 | Development standards for land near Siding Spring Observatory | |||
|
| (a) | Coonamble, Gilgandra, Warrumbungle Shire or that part of the local government area of Dubbo Regional that was formerly in the City of Dubbo with an outside light fitting other than a shielded light fitting, and |
| (b) | Coonamble, Gilgandra or Warrumbungle Shire with more than 7 shielded outside light fittings or more than 5 such light fittings that are not automatic light fittings. |
| Division 2 | Development standards for certain dual occupancies and attached development |
| Subdivision 1 | Application of Division |
| 3B.7 | Application of Division |
This Division sets out the development standards that apply to the following types of complying development under this code:
| (a) | the erection or alteration of, or an addition to, a dual occupancy where no part of a dwelling is located above any part of another dwelling, |
| (b) | the erection or alteration of, or addition to, attached development that is related to any such dual occupancy. |
Note. Clauses 1.17A, 1.18 and 1.19 (1) set out additional requirements for complying
development.
| Subdivision 2 | Built form development standards |
| 3B.8 | Lot requirements | |
|
| (a) | 400m2, |
| (b) | the minimum lot area specified for dual occupancies in the environmental planning instrument that applies to the land concerned. |
| (2) | The width of the lot must not be less than 12m measured at the building line. |
| Note. See clause 1.18. |
| 3B.9 | Maximum building height |
The maximum height for a dual occupancy and any attached development is
8.5m above ground level (existing).
Note. Ground level (existing) is defined in the Standard Instrument as the existing
level of a site at any point.
| 3B.10 | Maximum gross floor area of all buildings |
The maximum gross floor area of all buildings on a lot is shown in the following table:
| Lot area | Maximum GFA |
| 400m2–2,000m2 | 25% of lot area + 300m2 |
| >2,000m2 | 800m2 |
| 3B.11 | Minimum setbacks and maximum height and length of boundary walls | |
|
The setback of a dual occupancy and any attached development from a primary road must not be less than the average setback from the primary road of the 2 nearest dwelling houses or dual occupancies within 40m of the lot and on the same side of the primary road.
| Note. Clause 3B.12 contains certain exclusions from, and exceptions to, the setbacks |
in this clause.
| (2) | For the purpose of determining the setbacks from the primary road of the 2 nearest dwelling houses or dual occupancies, the following are not to be included: | ||||||||||||||||||||
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| (3) | If there are not 2 dwelling houses or dual occupancies within 40m of the lot on the same side of the primary road, the dual occupancy and any attached development must have a minimum setback from the boundary with the primary road as shown in the following table: | ||||||||||||||||||||
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| (4) | Side setbacks | ||||||||||||||||||||
| The following buildings must have a minimum setback from a side boundary as shown in the table to this subclause: | |||||||||||||||||||||
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| (5) | Rear setbacks | ||||||||||||||||||||
| Each part of a dual occupancy (other than a dual occupancy on a corner lot) and any carport, garage, balcony, deck, patio, pergola, terrace or verandah must have a minimum setback from the rear boundary as shown in the following table: | |||||||||||||||||||||
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| Note. Certain exceptions to the rear setbacks apply if the lot has a rear boundary with | |||||||||||||||||||||
| a lane (see clause 3B.12 (4)). |
| (6) | Secondary road setbacks for corner lots | |||||||
| Despite any other setback specified in this clause, a dual occupancy and any attached development must have a minimum setback from a boundary with a secondary road as shown in the following table: | ||||||||
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| Note. In many cases the primary road and secondary road may be different for each of | ||||||||
| the dwellings comprising a dual occupancy (detached) on a corner lot. This is because for each dwelling the primary road is the road that the dwelling faces. Accordingly, the setbacks for each of these dwellings will not necessarily align. |
| (7) | Dual occupancy (detached) on a corner lot |
| If a dual occupancy on a corner lot has dwelling fronting different roads, the rear of each dwelling is to be treated as a side for the purposes of determining the setbacks required under this clause. | |
| (8) | Parallel road setbacks for parallel road lots |
| Despite any other setback specified in this clause, a dual occupancy and any attached development must have a setback from a boundary with a parallel road of at least 3m unless, in the case of a dual occupancy (attached), 1 of the dwellings in the dual occupancy faces the parallel road, in which case the setback must be the same as if the parallel road were a primary road. | |
| Note. The primary road and parallel road may be different for each of the dwellings | |
| comprising a dual occupancy (detached) if the dwellings face in opposite directions. This is because for each dwelling the primary road is the road that the dwelling faces. | |
| (9) | Classified road setbacks |
| Despite any other setback specified in this clause, a dual occupancy and any attached development must have a setback from a boundary with a classified road of at least 9m. | |
| (10) | Public reserve setbacks |
| Despite any other setback specified in this clause, a dual occupancy and any attached development must have a setback from a boundary with a public reserve of at least 3m. | |
| Note 1. Articulation zone, attached development, battle-axe lot, boundary wall, building element, building line, detached development, dwelling house, lane, primary road, setback and standard lot are defined in clause 1.5. | |
| Note 2. Building height and classified road have the same meanings as they have | |
| in the Standard Instrument. |
| 3B.12 | Exceptions to setbacks | |
|
The setback standards specified in clause 3B.11 (4) and (5) do not apply to the following:
| (a) | access ramps, |
| (b) | downpipes, |
| (c) | driveways or hard stand spaces, |
| (d) | electricity or gas meters, |
| (e) | fascias, |
| (f) | fences, |
| (g) | gutters, |
| (h) | light fittings, |
(i) pathways and paving.
| (2) | Development to which side and rear setbacks do not apply if 450mm from boundary | |||||||||||||||||||||
| The setback standards specified in clause 3B.11 (4) and (5) do not apply to the following if they are at least 450mm from the relevant boundary: | ||||||||||||||||||||||
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| (3) | Development to which road setbacks do not apply | |||||||||||||||||||||
| The setback standards specified in clause 3B.11 (1), (3), (6), (8) and (9) do not apply to the following: | ||||||||||||||||||||||
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| (4) | Lots with rear lanes | |||||||||||||||||||||
| Despite clause 3B.11 (5), if the lot has a rear boundary with a lane, a building to which that subclause applies may be erected within 900mm of, or abut, the rear boundary for a maximum length of 7m. | ||||||||||||||||||||||
| (5) | Setbacks do not apply to existing parts of dual occupancy or attached development | |||||||||||||||||||||
| The setbacks standards specified in clause 3B.11 do not apply to any existing parts of a dwelling house, dual occupancy or attached development that will remain on a lot after the complying development is carried out. | ||||||||||||||||||||||
| Note. Articulation zone, attached development, dwelling house, primary road and setback are defined in clause 1.5. |
| 3B.13 | Dwelling configuration on lot | |||
|
| (3) | The 2 buildings comprising a dual occupancy (detached) (including any attached development) must be located at least 3m from each other. |
| (4) | Each dwelling must have a minimum width (measured at the building line) of 5m. |
| (5) | The width of a dwelling is to be measured from the centre of a side wall if that wall adjoins another building or from the outside of the side wall if that wall is an external wall. |
| 3B.14 | Other development standards for new balconies, decks, patios, terraces and verandahs attached to side or rear of dual occupancy | |||||
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Note 1. Attached, building line and floor area are defined in clause 1.5.
Note 2. Ground level (existing) has the same meaning as it has in the Standard
Instrument.
Note 3. A balcony may require a privacy screen—see clause 3B.17.
| Subdivision 3 | Landscape development standards |
| 3B.15 | Minimum landscaped area | |||||
|
| (a) | a minimum width of 1.5m, and |
| (b) | a minimum length of 1.5m. |
| (4) | Principal private open space must be provided for each dwelling that: | |||||
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| (5) | This clause does not apply to complying development that is the alteration of, or addition to, a dual occupancy or attached development if the development does not: | |||||
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| Note 1. Building line and principal private open space are defined in clause 1.5. | ||||||
| Note 2. Landscaped area has the same meaning as it has in the Standard Instrument. |
| Subdivision 4 | Amenity development standards |
| 3B.16 | Primary and secondary road articulation zones | |||
|
| (a) | an entry feature or portico, |
| (b) | a balcony, deck, pergola, terrace or verandah, |
| (c) | a window box treatment, |
| (d) | a bay window or similar feature, |
| (e) | an awning or other feature over a window, |
| (f) | a sun shading feature, |
| (g) | an eave, |
| (h) | an access ramp. |
| (3) | The maximum total area of all building elements in the articulation zone, other than a building element specified in subclause (2) (e), (f), (g) or (h), must not comprise more than 25% of the area of the articulation zone. |
| (4) | Each habitable room that has a wall facing a road must have a window in that wall. |
| Note. Articulation zone, building element, primary road, secondary road and setback are defined in clause 1.5. |
| 3B.17 | Privacy screens for windows and certain attached development | |
|
A window in a habitable room must have a privacy screen over any part of that window that is less than 1.5m above the floor level of the room in the following cases:
| (a) | the floor level of the habitable room is 1m or more, but not more than 3m, above ground level (existing) and the window faces a side or rear boundary and is less than 3m from that boundary, |
| (b) | the floor level of the habitable room is more than 3m above ground level (existing) and the window faces a side or rear boundary and is less than 6m from that boundary, |
| (c) | the floor level of the habitable room is 1m or more, but not more than 3m, above ground level (existing) and the window faces a dwelling on the same lot and is less than 6m from that dwelling, |
| (d) | the floor level of the habitable room is more than 3m above ground level (existing) and the window faces a dwelling on the same lot and is less than 12m from that dwelling. |
| (2) | Subclause (1) does not apply to: | |||||||
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| (3) | Balconies, decks, patios, terraces or verandahs near boundaries or other dwellings | |||||||
| The edge of a balcony, deck, patio, terrace or verandah must have a privacy screen with a height of at least 1.5m above the floor level of a balcony, deck, patio, terrace or verandah in the following cases: | ||||||||
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| (4) | Subclause (3) does not apply to a balcony, deck, patio, terrace or verandah: | |||||
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| (5) | Existing windows, balconies, decks, patios, terraces or verandahs | |||||
| This clause does not apply to any existing parts of a dwelling house, dual occupancy or attached development that will remain on the lot after the complying development is carried out. | ||||||
| Note 1. Habitable room and privacy screen are defined in clause 1.5. | ||||||
| Note 2. Ground level (existing) has the same meaning as it has in the Standard | ||||||
| Instrument. |
| 3B.18 | Car parking and vehicle access requirements | |
|
| (a) | the erection of a dual occupancy, or |
| (b) | the alteration of, or addition to, a dwelling house that causes a dual occupancy to be on the lot. |
| (2) | At least 1 off-street car parking space must be provided for each dwelling. | |||||||||
| (3) | The off-street car parking space may be an open hard stand space or a carport or garage, whether attached to or detached from the dual occupancy. | |||||||||
| (4) | All off-street car parking spaces and vehicle access must comply with AS/NZS 2890.1:2004, Parking facilities, Part 1: Off-street car parking. | |||||||||
| (5) | In the case of a lot that has a width of less than 15m measured at the building line any car parking space must be provided at the rear of the lot or in a basement and must be accessed only from a secondary road, parallel road or lane. | |||||||||
| (6) | A garage, carport or car parking space at ground level (existing) and accessed from a primary road, secondary road or parallel road must have a minimum setback as shown in the following table: | |||||||||
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| (7) | The maximum width of all garage doors accessed from a primary road is shown in the following table: | |||||||||
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| Note 1. Attached, building line, detached, hard stand space, lane, parallel road, primary road, secondary road and setback are defined in clause 1.5. | ||||||||||
| Note 2. Clause 2.28 applies to the construction or installation of a driveway as exempt | ||||||||||
| development. | ||||||||||
| Note 3. Alterations or additions to a garage or carport that is forward of the building line | ||||||||||
| is not complying development under this code (see clause 3B.2 (g)). |
| 3B.19 | Building design | |||
|
| Division 3 | Development standards for manor houses, certain dual occupancies and attached development |
| Subdivision 1 | Application of Division |
| 3B.20 | Application of Division |
This Division sets out the development standards that apply to the following types of complying development under this code:
| (a) | the erection or alteration of, or an addition to, a manor house, |
| (b) | the erection or alteration of, or an addition to, a dual occupancy (attached) where part of a dwelling is located above part of another dwelling, |
| (c) | the erection or alteration of, or addition to, attached development that is related to any such dual occupancy or manor house. |
Note. Clauses 1.17A, 1.18 and 1.19 (1) set out additional requirements for complying
development.
| Subdivision 2 | Built form development standards |
| 3B.21 | Lot requirements |
The lot must meet the following requirements:
| (a) | in the case of a manor house—the area of the lot must not be less than 600m2, | |||
| (b) | in the case of a dual occupancy—the area of the lot must not be less than whichever is the greater of the following: | |||
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| (c) | the width of the lot must not be less than 15m measured at the building line. |
| 3B.22 | Maximum building height | |||
|
Note. Ground level (existing) is defined in the Standard Instrument as the existing
level of a site at any point.
| 3B.23 | Maximum gross floor area of all buildings |
| The maximum gross floor area of all buildings on a lot is 25% of the lot area | plus 150m2, to a maximum of 400m2. |
| 3B.24 | Minimum setbacks and maximum height and length of boundary walls | |
|
The setback of a manor house, dual occupancy and any attached development from a primary road must not be less than the average setback from the primary road of the 2 nearest buildings within 40m of the lot and on the same side of the primary road that are residential accommodation.
| (2) | For the purpose of determining the setbacks from the primary road of the 2 nearest buildings that are residential accommodation, the following are not to be included: | |||||||||||||||||
| ||||||||||||||||||
| Note. Setbacks for boundaries with classified roads and public reserves are set out in | ||||||||||||||||||
| subclauses (9) and (10). | ||||||||||||||||||
| (3) | If there are not 2 buildings that are residential accommodation within 40m of the lot on the same side of the primary road, the manor house or dual occupancy and any attached development must have a minimum setback from the boundary with the primary road as shown in the following table: | |||||||||||||||||
| ||||||||||||||||||
| (4) | Side setbacks | |||||||||||||||||
| A manor house, dual occupancy or any attached development must have a minimum setback from a side boundary of 1.5 m. | ||||||||||||||||||
| (5) | Despite subclause (4), any part of a manor house, dual occupancy or any attached development that is more than 10m behind the building line and that is more than 4.5m above ground level (existing) must have a minimum setback from a side boundary of: | |||||||||||||||||
| ||||||||||||||||||
| where: | ||||||||||||||||||
| s is the minimum setback in metres. h is the height of the part of the building in metres. | ||||||||||||||||||
| (6) | Rear setbacks | |||||||||||||||||
| Each part of a manor house or dual occupancy and any attached development must have a minimum setback from the rear boundary as shown in the following table: | ||||||||||||||||||
| ||||||||||||||||||
| Note. Certain exceptions to the rear setbacks apply if the lot has a rear boundary with | ||||||||||||||||||
| a lane (see clause 3B.25 (4)). | ||||||||||||||||||
| (7) | Secondary road setbacks for corner lots | |||||||||||||||||
| Despite any other setback specified in this clause, a dual occupancy, manor house and any attached development must have a minimum setback from a boundary with a secondary road as shown in the following table: | ||||||||||||||||||
| ||||||||||||||||||
| (8) | Parallel road setbacks for parallel road lots | |||||||||||||||||
| Despite any other setback specified in this clause, a dual occupancy, manor house and any attached development must have a setback from a boundary with a parallel road of at least 3m. | ||||||||||||||||||
| (9) | Classified road setbacks | |||||||||||||||||
| Despite any other setback specified in this clause, a dual occupancy, manor house and any attached development must have a setback from a boundary with a classified road of at least 9m. | ||||||||||||||||||
| (10) | Public reserve setbacks | |||||||||||||||||
| Despite any other setback specified in this clause, a dual occupancy, manor house and any attached development must have a setback from a boundary with a public reserve of at least 3m. | ||||||||||||||||||
| Note 1. Articulation zone, attached development, battle-axe lot, boundary wall, building element, building line, detached development, dwelling house, lane, primary road, setback and standard lot are defined in clause 1.5. | ||||||||||||||||||
| Note 2. Building height, classified road and ground level (existing) have the same | ||||||||||||||||||
| meanings as they have in the Standard Instrument. |
| 3B.25 | Exceptions to setbacks | |
|
The setback standards specified in clause 3B.24 (4), (5) and (6) do not apply to the following:
| (a) | access ramps, |
| (b) | downpipes, |
| (c) | driveways and hard stand spaces, |
| (d) | electricity or gas meters, |
| (e) | fascias, |
| (f) | fences, |
| (g) | gutters, |
| (h) | light fittings, |
(i) pathways and paving.
| (2) | Development to which side and rear setbacks do not apply if 450mm from boundary | |||||||||||||||||||||
| The setback standards specified in clause 3B.24 (4), (5) and (6) do not apply to the following if they are at least 450mm from the relevant boundary: | ||||||||||||||||||||||
| ||||||||||||||||||||||
| (3) | Development to which road setbacks do not apply | |||||||||||||||||||||
| The setback standards specified in clause 3B.24 (1), (3), (7), (8) and (9) do not apply to the following: | ||||||||||||||||||||||
| ||||||||||||||||||||||
| (4) | Lots with rear lanes | |||||||||||||||||||||
| Despite clause 3B.24 (6), if the lot has a rear boundary with a lane, the building may be erected within 900mm of, or abut, the rear boundary for a maximum of 50% of the length of the boundary. | ||||||||||||||||||||||
| (5) | Certain attached development may be built within parallel road setback | |||||||||||||||||||||
| Despite clause 3B.24 (8), a cabana, cubby house, fernery, garden shed, gazebo, greenhouse or shed may be built within 3m of, or abut, a parallel road boundary for a maximum of 50% of the length of that boundary if the parallel road is not a classified road. | ||||||||||||||||||||||
| (6) | Setbacks do not apply to existing parts of dual occupancy, manor house or attached development | |||||||||||||||||||||
| The setback standards specified in clause 3B.24 do not apply to any existing parts of a dual occupancy, manor house or attached development that will remain on a lot after the complying development is carried out. | ||||||||||||||||||||||
| Note 1. Dwelling house, primary road and setback are defined in clause 1.5. Note 2. Classified road and public reserve have the same meanings as they have in | ||||||||||||||||||||||
| the Standard Instrument. |
| 3B.26 | Other development standards for new balconies, decks, patios, terraces and verandahs attached to side or rear of dual occupancy or manor house | |||||
|
and verandahs having a floor level of more than 2m above ground level
(existing) must not be more than 12m2.
Note 1. Attached, building line and floor area are defined in clause 1.5.
Note 2. Ground level (existing) has the same meaning as it has in the Standard
Instrument.
Note 3. A balcony may require a privacy screen—see clause 3B.29.
| Subdivision 3 | Landscape development standards |
| 3B.27 | Minimum landscaped area | |||||
|
| (a) | a minimum width of 1.5m, and |
| (b) | a minimum length of 1.5m. |
| (4) | The principal private open space that must be provided for each dwelling is: | |||||||
| ||||||||
| (5) | This clause does not apply to complying development that is the alteration of, or addition to, a dual occupancy or manor house if the development does not: | |||||||
| ||||||||
| Note 1. Building line and principal private open space are defined in clause 1.5. | ||||||||
| Note 2. Landscaped area has the same meaning as it has in the Standard Instrument. |
| Subdivision 4 | Amenity development standards |
| 3B.28 | Primary road articulation zone | |||
|
| (a) | an entry feature or portico, |
| (b) | a balcony, deck, pergola, terrace or verandah, |
| (c) | a window box treatment, |
| (d) | a bay window or similar feature, |
| (e) | an awning or other feature over a window, |
| (f) | a sun shading feature, |
| (g) | an eave, |
| (h) | an access ramp. |
| (3) | The maximum total area of all building elements in the articulation zone, other than a building element specified in subclause (2) (e), (f), (g) or (h), must not comprise more than 25% of the area of the articulation zone. |
| (4) | Each habitable room that has a wall facing a road must have a window in that wall. |
| Note. Articulation zone, building element, habitable room, primary road and setback are defined in clause 1.5. |
| 3B.29 | Privacy screens for windows and certain attached development | |
|
A window in a habitable room must have a privacy screen over any part of that window that is less than 1.5m above the floor level of the room in the following cases:
| (a) | the floor level of the habitable room is 1m or more, but not more than 3m, above ground level (existing) and the window faces a side or rear boundary and is less than 3m from that boundary, |
| (b) | the floor level of the habitable room is more than 3m above ground level (existing) and the window faces a side or rear boundary and is less than 6m from that boundary, |
| (c) | the floor level of the habitable room is 1m or more, but not more than 3m, above ground level (existing) and the window faces a dwelling on the same lot and is less than 6m from that dwelling, |
| (d) | the floor level of the habitable room is more than 3m above ground level (existing) and the window faces a dwelling on the same lot and is less than 12m from that dwelling. |
| (2) | Subclause (1) does not apply to: | |||||||
| ||||||||
| (3) | Balconies, decks, patios, terraces or verandahs near boundaries or other dwellings | |||||||
| The edge of a balcony, deck, patio, terrace or verandah must have a privacy screen with a height of at least 1.5m above the floor level of a balcony, deck, patio, terrace or verandah in the following cases: | ||||||||
| ||||||||
| (4) | Subclause (3) does not apply to a balcony, deck, patio, terrace or verandah: | |||||||
| ||||||||
| (5) | Existing windows, balconies, decks, patios, terraces or verandahs | |||||||
| This clause does not apply to any existing parts of a dwelling house, dual occupancy or attached development that will remain on the lot after the complying development is carried out. | ||||||||
| Note 1. Habitable room and privacy screen are defined in clause 1.5. | ||||||||
| Note 2. Ground level (existing) has the same meaning as it has in the Standard | ||||||||
| Instrument. |
| 3B.30 | Car parking and vehicle access requirements | |
|
| (a) | the erection of a dual occupancy or manor house, or |
| (b) | the alteration of, or addition to, a dwelling house, dual occupancy or manor house that causes an increase in the number of dwellings on the lot. |
| (2) | One parking space must be provided for each dwelling. | |||||
| (3) | The car parking space may be an open hard stand space or a carport or garage, whether attached to or detached from the dual occupancy or manor house. | |||||
| (4) | All off-street car parking spaces and vehicle access must comply with AS/NZS 2890.1:2004, Parking facilities, Part 1: Off-street car parking. | |||||
| (5) | A garage, carport or car parking space at ground level (existing) and accessed from a primary road, secondary road or parallel road must have a minimum setback from the relevant road as shown in the following table: | |||||
| ||||||
| (6) | The maximum width of all garage doors accessed from a primary road or secondary road is 6m. | |||||
| Note 1. Attached, building line, detached, hard stand space, lane, parallel road, primary road, secondary road and setback are defined in clause 1.5. | ||||||
| Note 2. Clause 2.28 applies to the construction or installation of a driveway as exempt | ||||||
| development. | ||||||
| Note 3. Alterations or additions to a garage or carport that is forward of the building line | ||||||
| is not complying development under this code (see clause 3B.2 (g)). |
| 3B.31 | Building design | |||
|
| Division 4 | Development standards for multi dwelling housing (terraces) and attached development |
| Subdivision 1 | Application of Division |
| 3B.32 | Application of Division |
This Division sets out the development standards that apply to the following types of complying development under this code:
| (a) | the erection or alteration of, or an addition to, multi dwelling housing (terraces), |
| (b) | the erection or alteration of, or addition to, attached development that is related to multi dwelling housing (terraces). |
Note. Clauses 1.17A, 1.18 and 1.19 (1) set out additional requirements for complying
development.
| Subdivision 2 | Built form development standards |
| 3B.33 | Lot requirements | |
|
| (a) | the minimum lot area specified for multi dwelling housing in the environmental planning instrument that applies to the land concerned, or |
| (b) | if no minimum lot area is specified in that environmental planning instrument—600m2. |
| (2) | The width of the lot must not be less than 18m measured at the building line. |
| 3B.34 | Maximum building height |
The maximum height for a multi dwelling housing (terraces) and any attached development is 9m above ground level (existing).
Note. Ground level (existing) is defined in the Standard Instrument as the existing
level of a site at any point.
| 3B.35 | Maximum gross floor area of all buildings |
The maximum gross floor area of all buildings on a lot is shown in the following table:
| Land use zone in which | Maximum GFA |
| development is carried out | |
| Zone RU5, Zone R1 or Zone R2 | 60% of lot area |
| Zone R3 | 80% of lot area |
| 3B.36 | Minimum setbacks and maximum height and length of boundary walls | |
|
The setback of multi dwelling housing (terraces) and any attached development (on land in Zone RU5, Zone R1 or Zone R2) from a primary road must not be less than the average setback from the primary road of the 2 nearest buildings within 40m of the lot and on the same side of the primary road that are any of the following:
| (a) | dwelling house, |
| (b) | dual occupancy, |
| (c) | multi dwelling housing (terraces). |
Note. Clause 3B.37 contains certain exclusions from, and exceptions to, the setbacks
in this clause.
| (2) | For the purpose of determining the setbacks from a primary road of the 2 nearest buildings that are dwelling houses, dual occupancies or multi dwelling housing (terraces), the following are not to be included: | |||||
| ||||||
| (3) | If there are not 2 buildings that are dwelling houses, dual occupancies or multi dwelling housing (terraces) within 40m of the lot on the same side of the primary road or if the development is on land in Zone R3, the multi dwelling housing (terraces) and any attached development must have a minimum setback from the boundary with the primary road of 3.5m. | |||||
| (4) | Side setbacks | |||||
| Multi dwelling housing (terraces) and any attached development must have a minimum setback from a side boundary of 1.5m. |
| (5) | Rear setbacks | |||||||||||||||||||||||
| Each part of multi dwelling housing (terraces) and any carport, garage, balcony, deck, patio, pergola, terrace or verandah must have a minimum setback from the rear boundary as shown in the following table: | ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| Note. Certain exceptions to the rear setbacks apply if the lot has a rear boundary with | ||||||||||||||||||||||||
| a lane (see clause 3B.37 (4)). | ||||||||||||||||||||||||
| (6) | Secondary road setbacks for corner lots | |||||||||||||||||||||||
| Despite any other setback specified in this clause, multi dwelling housing (terraces) and any attached development must have a minimum setback from a boundary with a secondary road as shown in the following table: | ||||||||||||||||||||||||
| ||||||||||||||||||||||||
| (7) | Parallel road setbacks for parallel road lots | |||||||||||||||||||||||
| Despite any other setback specified in this clause, multi dwelling housing (terraces) and any attached development must have a setback from a boundary with a parallel road of at least 3m unless 1 of the dwellings in the multi dwelling housing (terraces) faces the parallel road, in which case the setback must be the same as if the parallel road were a primary road. | ||||||||||||||||||||||||
| (8) | Classified road setbacks | |||||||||||||||||||||||
| Despite any other setback specified in this clause, multi dwelling housing (terraces) and any attached development must have a setback from a boundary with a classified road of at least 9m. | ||||||||||||||||||||||||
| (9) | Public reserve setbacks | |||||||||||||||||||||||
| Despite any other setback specified in this clause, multi dwelling housing (terraces) and any attached development must have a setback from a boundary with a public reserve of at least 3m. | ||||||||||||||||||||||||
| Note 1. Articulation zone, attached development, battle-axe lot, boundary wall, building element, building line, detached development, dwelling house, lane, primary road, setback and standard lot are defined in clause 1.5. | ||||||||||||||||||||||||
| Note 2. Building height, classified road and ground level (existing) have the same | ||||||||||||||||||||||||
| meanings as they have in the Standard Instrument. |
| 3B.37 | Exceptions to setbacks | |
|
The setback standards specified in clause 3B.36 (4) and (5) do not apply to the following:
| (a) | access ramps, |
| (b) | downpipes, |
| (c) | driveways or hard stand spaces, |
| (d) | electricity or gas meters, |
| (e) | fascias, |
| (f) | fences, |
| (g) | gutters, |
| (h) | light fittings, |
(i) pathways and paving.
| (2) | Development to which side and rear setbacks do not apply if 450mm from boundary | |||||||||||||||||||||
| The setback standards specified in clause 3B.36 (4) and (5) do not apply to the following if they are at least 450mm from the relevant boundary: | ||||||||||||||||||||||
| ||||||||||||||||||||||
| (3) | Development to which road setbacks do not apply | |||||||||||||||||||||
| The setback standards specified in clause 3B.36 (1), (3), (6), (7) and (8) do not apply to the following: | ||||||||||||||||||||||
| ||||||||||||||||||||||
| (4) | Lots with rear lanes | |||||||||||||||||||||
| Despite clause 3B.36 (5), if the lot has a rear boundary with a lane, the building may be erected within 900mm of, or abut, the rear boundary for a maximum length of 7m. | ||||||||||||||||||||||
| (5) | Setbacks do not apply to existing parts of multi dwelling housing (terraces) or attached development | |||||||||||||||||||||
| The setbacks standards specified in clause 3B.36 do not apply to any existing parts of any multi dwelling housing (terraces) or attached development that will remain on a lot after the complying development is carried out. | ||||||||||||||||||||||
| Note 1. Articulation zone, attached development, dwelling house, primary road | ||||||||||||||||||||||
| and setback are defined in clause 1.5. | ||||||||||||||||||||||
| Note 2. Classified road and public reserve have the same meanings as they have in | ||||||||||||||||||||||
| the Standard Instrument. | ||||||||||||||||||||||
| Note 3. Environmental planning instrument has the same meaning as it has in the | ||||||||||||||||||||||
| Act. |
| 3B.38 | Dwelling configuration on lot | |||||||||
|
terrace means a single dwelling in multi dwelling housing (terraces).
| 3B.39 | Other development standards for new attached side or rear balconies, decks, patios, terraces or verandahs | |||||
|
Note 1. Attached, building line and floor area are defined in clause 1.5.
Note 2. Ground level (existing) has the same meaning as it has in the Standard
Instrument.
Note 3. A balcony may require a privacy screen—see clause 3B.42.
| Subdivision 3 | Landscape development standards |
| 3B.40 | Minimum landscaped area | |
|
| Land use zone in which | Landscaped area |
| development is carried out | |
| Zone RU5, Zone R1 or Zone R2 | 30% of lot area |
| Zone R3 | 20% of lot area |
| (2) | At least 25% of the area of the lot forward of the building line must be landscaped. | |||||
| (3) | Each landscaped area must have: | |||||
| ||||||
| (4) | The area of principal private open space that must be provided for each terrace is at least 16m2 with a minimum width of 3m. | |||||
| (5) | This clause does not apply to complying development that is the alteration of, or addition to, multi dwelling housing (terraces) or attached development if the development does not: | |||||
| ||||||
| Note 1. Building line and principal private open space are defined in clause 1.5. | ||||||
| Note 2. Landscaped area has the same meaning as it has in the Standard Instrument. | ||||||
| (6) | In this clause: | |||||
| terrace means a single dwelling in multi dwelling housing (terraces). |
| Subdivision 4 | Amenity development standards |
| 3B.41 | Primary and secondary road articulation zones | |||
|
| (a) | an entry feature or portico, |
| (b) | a balcony, deck, pergola, terrace or verandah, |
| (c) | a window box treatment, |
| (d) | a bay window or similar feature, |
| (e) | an awning or other feature over a window, |
| (f) | a sun shading feature, |
| (g) | an eave, |
| (h) | an access ramp. |
| (3) | The maximum total area of all building elements in the articulation zone, other than a building element specified in subclause (2) (e), (f), (g) or (h), must not comprise more than 25% of the area of the articulation zone. |
| (4) | Each habitable room that has a wall facing a road must have a window in that wall. |
| Note. Articulation zone, building element, primary road, secondary road and setback are defined in clause 1.5. |
| 3B.42 | Privacy screens for windows and certain attached development | |
|
A window in a habitable room must have a privacy screen over any part of that window that is less than 1.5m above the floor level of the room in the following cases:
| (a) | the floor level of the habitable room is 1m or more, but not more than 3m, above ground level (existing) and the window faces a side or rear boundary and is less than 3m from that boundary, |
| (b) | the floor level of the habitable room is more than 3m above ground level (existing) and the window faces a side or rear boundary and is less than 6m from that boundary, |
| (c) | the floor level of the habitable room is 1m or more, but not more than 3m, above ground level (existing) and the window faces a dwelling on the same lot and is less than 6m from that dwelling, |
| (d) | the floor level of the habitable room is more than 3m above ground level (existing) and the window faces a dwelling on the same lot and is less than 12m from that dwelling. |
| (2) | Subclause (1) does not apply to: | |||||||
| ||||||||
| (3) | Balconies, decks, patios, terraces or verandahs near boundaries or other dwellings | |||||||
| The edge of a balcony, deck, patio, terrace or verandah must have a privacy screen with a height of at least 1.5m above the floor level of a balcony, deck, patio, terrace or verandah in the following cases: | ||||||||
| ||||||||
| (4) | Subclause (3) does not apply to a balcony, deck, patio, terrace or verandah: | |||||||
| ||||||||
| (5) | Existing windows, balconies, decks, patios, terraces or verandahs | |||||||
| This clause does not apply to any existing parts of multi dwelling housing (terraces) or attached development that will remain on the lot after the complying development is carried out. | ||||||||
| Note 1. Habitable room and privacy screen are defined in clause 1.5. | ||||||||
| Note 2. Ground level (existing) has the same meaning as it has in the Standard | ||||||||
| Instrument. |
| 3B.43 | Car parking and vehicle access requirements | |
|
| (a) | the erection of multi dwelling housing (terraces), or |
| (b) | the alteration of, or addition to, multi dwelling housing (terraces) that causes an increase in the number of dwellings on the lot. |
| (2) | At least 1 off-street car parking space must be provided for each dwelling. | |||||||
| (3) | The off-street car parking space may be an open hard stand space or a carport or garage, that is attached development or detached development. | |||||||
| (4) | All off-street car parking spaces and vehicle access must comply with AS/NZS 2890.1:2004, Parking facilities, Part 1: Off-street car parking. | |||||||
| (5) | A garage, carport or car parking space at ground level (existing) and accessed from a primary road, secondary road or parallel road must have a minimum setback as shown in the following table unless the road is a lane: | |||||||
| ||||||||
| (6) | The maximum width of all garage door openings facing a primary, secondary or parallel road is shown in the following table (garage door openings are not permitted to face a primary, secondary or parallel road if the resulting lot width is less than 8m): | |||||||
| ||||||||
| (7) | Despite subclause (6), if concurrent Torrens title subdivision is proposed—the maximum width of all garage door openings facing a primary, secondary or parallel road is 6m. | |||||||
| Note 1. Attached, building line, detached, hard stand space, lane, parallel road, primary road, secondary road and setback are defined in clause 1.5. | ||||||||
| Note 2. Clause 2.28 applies to the construction or installation of a driveway as exempt | ||||||||
| development. | ||||||||
| Note 3. Alterations or additions to a garage or carport that is forward of the building line | ||||||||
| is not complying development under this code (see clause 3B.2 (g)). |
| 3B.44 | Building design | |||
|
| Division 5 | Development standards for detached development |
| Subdivision 1 | Application of Division |
| 3B.45 | Application of Division |
This Division sets out the development standards that apply to the erection of detached development and to the alteration of, or an addition to, detached development under this code.
Note. Clauses 1.17A, 1.18 and 1.19 (1) set out additional requirements for complying
development.
| Subdivision 2 | Built form development standards for detached development (other than swimming pools and fences) |
| 3B.46 | Lot requirements |
The lot must meet the following requirements:
| (a) | the area of the lot must not be less than 400m2, |
| (b) | the width of the lot must not be less than 12m measured at the building line. |
| 3B.47 | Maximum height |
The maximum height for any detached development is 4.5m above ground level (existing).
Note 1. Detached development is defined in clause 1.5.
Note 2. Ground level (existing) is defined in the Standard Instrument as the existing
level of a site at any point.
| 3B.48 | Maximum gross floor area of certain detached development | |
|
| (a) | a deck, patio, pergola, terrace or verandah, |
| (b) | a cabana, cubby house, fernery, garden shed, gazebo or greenhouse, |
| (c) | a carport or garage, |
| (d) | a shed. |
| (2) | The maximum gross floor area of all of the following detached development that relates to a manor house or dual occupancy (attached) where part of a dwelling is located above part of another dwelling is shown in the table to this clause: | |||||||||
| ||||||||||
| ||||||||||
| Note. The maximum gross floor area of detached studios is set out in clause 3B.52. |
| 3B.49 | Minimum setbacks and maximum height and length of built to boundary walls | |
|
Detached development (other than a detached garage or carport) must be located behind the building line of a building that is residential accommodation that is adjacent to any primary road or secondary road.
Note 1. Primary and secondary road setbacks for detached garages and carports are
set out in clause 3B.50.
Note 2. Clause 3B.54 contains certain exclusions from, and exceptions to, the
setbacks specified in this clause.
| (2) | Side setbacks | |||||||||
| Detached development that is any of the following must have a minimum setback from the side boundary of a lot of 900mm: | ||||||||||
| ||||||||||
| Note. Side boundary setbacks for detached studios are set out in clause 3B.52. | ||||||||||
| (3) | Built to boundary setbacks | |||||||||
| Despite subclause (2), detached development that is referred to in that subclause may be built to 1 or both side boundaries if: | ||||||||||
| ||||||||||
| but if the lot width measured at the building line is more than 8m, but not more than 12.5m the detached development may be built to 1 side boundary only. | ||||||||||
| (4) | Maximum height of built to boundary walls | |||||||||
| The height of a wall erected within 900mm of a side boundary must not exceed: | ||||||||||
|
Planning and Assessment Regulation 2000—the height of the wall on
the adjoining lot, but not more than 4.5m, or
| (d) | if the detached development is a detached studio that is above a garage—the height of the built to boundary wall on the adjoining lot, but not more than 6m. |
| (5) | Maximum length of built to boundary walls | |||
| The length of all walls on the lot that are within 900mm of a side boundary must not exceed 10m. | ||||
| (6) | Despite subclause (6), the length of a wall erected within 900mm of a side boundary must not exceed: | |||
|
Planning and Assessment Regulation 2000—the length of the wall on
the adjoining lot.
| (7) | Rear setbacks | |||||||||
| Any of the following detached development that relates to a dual occupancy where no part of a dwelling is located above any part of another dwelling or that relates to multi dwelling housing (terraces) must have a minimum setback from the rear boundary of a lot of 900mm (unless there is a wall of a building on the adjoining lot that is within 900mm of the boundary and that wall is of masonry construction and does not have a window facing the boundary): | ||||||||||
| ||||||||||
| (8) | Any of the following detached development that relates to a dual occupancy (attached) where part of a dwelling is located above part of another dwelling or that relates to a manor house must have a minimum setback from the rear boundary of a lot as shown in the table to this subclause: | |||||||||
| ||||||||||
| ||||||||||
| Note. Rear setbacks for detached garages and carports, detached decks, patios, | ||||||||||
| pergolas, terraces and verandahs and detached studios are set out in clauses 3B.50, 3B.51 and 3B.52, respectively. | ||||||||||
| (9) | Parallel road setbacks for parallel road lots | |||||||||
| Detached development on a lot must have a minimum setback from a parallel road of 3m. | ||||||||||
| Note. Clause 3B.54 (4) contains exceptions to this setback for certain types of | ||||||||||
| detached development. | ||||||||||
| (10) | Setbacks from classified roads | |||||||||
| Despite any standard for a setback specified by this clause, detached development must have a setback from a boundary with a classified road of at least: | ||||||||||
| ||||||||||
| (11) | Setbacks from public reserves | |||||||||
| Despite any standard for a setback specified by this clause, the following detached development must have a setback from a boundary with a public reserve of at least 3m: | ||||||||||
|
| 3B.50 | Other development standards for detached garages and carports | |
|
All off-street car parking spaces and vehicle access must comply with
AS/NZS 2890.1:2004, Parking facilities, Part 1 Off-street car parking.
| (2) | Primary road setbacks | |||||||
| A detached garage or carport that is accessed from a primary road must have a minimum setback as shown in the following table: | ||||||||
| ||||||||
| (3) | Secondary and parallel road setbacks | |||||||
| A detached garage or carport on a corner lot must have a minimum setback from a secondary road or parallel road as shown in the following table: | ||||||||
| ||||||||
| (4) | Rear setbacks | |||||||
| A detached garage or carport must have a minimum setback from the rear boundary as shown in the following table: | ||||||||
|
| point | rear boundary |
| 400m2–900m2 | 0m–4.5m | 900mm |
| >900m2–1,500m2 | 0m–4.5m | 1.5m |
| >1,500m2 | 0m–4.5m | 2.5m |
| (5) | Built to rear boundary |
| Despite subclause (4), a detached garage or carport of masonry construction may be built to the rear boundary if there is a wall of a building on the adjoining lot within 900mm of that boundary, the wall is of masonry construction and does not have a window facing that boundary. | |
| (6) | Building separation |
| A detached garage must be at least 3m from any building that is residential accommodation on the same lot. | |
| (7) | Maximum width of garage doors |
| The maximum width of all detached garage and carport door openings (except where the garage or carport is to the rear of the building that is residential accommodation to which it relates) facing a primary, secondary or parallel road is 6m. | |
| Note 1. Boundary wall, building line, corner lot, detached, dwelling house, gross floor area, lane, parallel road, primary road, secondary road and setback are | |
| defined in clause 1.5. | |
| Note 2. Building height and ground level (existing) have the same meanings as | |
| they have in the Standard Instrument. |
| 3B.51 | Other development standards for detached decks, patios, pergolas, terraces and verandahs | |
|
The maximum floor level for any detached deck, patio, pergola, terrace or verandah is 1m above ground level (existing) unless the deck, patio, pergola, terrace or verandah is less than 900mm from a side or rear boundary in which case the maximum floor level is 600mm above ground level (existing).
Note. Ground level (existing) has the same meaning as it has in the Standard
| (1) | The strata subdivision of a building for which development consent or a complying development certificate was granted or issued is, for 5 years from the date the consent or certificate was granted or issued, development specified for this code. | |||||||
| (2) | The strata subdivision of a dual occupancy, manor house or multi dwelling housing (terraces), for which a complying development certificate has been issued under the Low Rise Medium Density Housing Code, is development specified for this code. | |||||||
| (3) | If a single complying development certificate application proposes both the strata subdivision of land and the erection of a dual occupancy, manor house or multi dwelling housing (terraces) on the land, the subdivision of that land is development specified for this code. | |||||||
| (4) | This clause does not include the strata subdivision of the following: | |||||||
|
| 6.2 | Development standards |
The standards specified for that development are as follows:
| (a) | that the subdivision must not contravene any condition of any development consent or complying development certificate applying to the development, | |||
| (b) | in the case of a dual occupancy or multi dwelling housing (terraces): | |||
| ||||
| ||||
| (c) | in the case of a dual occupancy where no part of a dwelling is located above any part of another dwelling or multi dwelling housing (terraces), |
the strata area (being the area of the ground floor of all dwellings) is not
less than 180m2.
| Note. Registered interests on the land, the subject of the strata subdivision, the Strata |
Schemes Management Act 2015 and the Strata Schemes Development Act 2015
apply.
| Division 2 | Torrens subdivision |
| 6.3 | Specified complying development | |||||
| ||||||
| 6.4 | Development standards | |||||
|
The standards specified for that development are as follows:
| (a) | there must only be 1 dwelling on each resulting lot at the completion of the development, | |||
| (b) | each resulting lot must be in Zone RU5, Zone R1, Zone R2 or Zone R3, | |||
| (c) | each resulting lot must be at least 6m wide (measured at the building line) and have lawful access, and frontage to, a public road, | |||
| (d) | if the subdivision relates to a dual occupancy, the area of each resulting lot must be at least: | |||
| ||||
| (e) | if the subdivision relates to multi dwelling housing (terraces), the area of each resulting lot must be at least 200m2. |
| (2) | Other requirements | |||
| The standards specified for that development are as follows: | ||||
|
| Division 3 | Subdivision certificates |
| 6.5 | Issue of certificate by accredited certifier |
A subdivision certificate may be issued by an accredited certifier for a subdivision under this Part in accordance with section 109D (1) (d) (iv) of the Act.
| Division 4 | Conditions applying to complying development certificates under this code |
| 6.6 | Conditions specified in Schedule 6B apply |
A complying development certificate for development specified under this code must be issued subject to the conditions specified in Schedule 6B.
[21] Schedules 6A and 6B
Insert after Schedule 6:
|
(Clause 3B.62)
Note 1. Complying development under the Low Rise Medium Density Housing Code must comply
with the requirements of the Act, the Environmental Planning and Assessment Regulation 2000 and
the conditions listed in this Schedule.
Note 2. Division 2A of Part 7 of the Environmental Planning and Assessment Regulation 2000
specifies conditions to which certain complying development certificates are subject.
Note 3. In addition to the requirements specified for development under this Policy, adjoining owners’
property rights, applicable common law and other legislative requirements for approvals, licences,
permits and authorities still apply.
Note 4. If the development is in the proximity of infrastructure (including water, stormwater or sewer
mains, electricity power lines and telecommunications facilities), the relevant infrastructure authority should be contacted before commencing the development. Information in relation to underground assets can be obtained at or by phoning 1100.
Note 5. Under section 86A of the Act, a complying development certificate lapses 5 years after the
date endorsed on the certificate, unless the development has physically commenced on the land
during that period.
Note 6. Street numbering and letter box facilities should be provided in accordance with Australia
Post guidelines and to the satisfaction of the council.
| Part 1 | Conditions applying before works commence |
1 Evidence of payment of contributions
Sufficient evidence must be provided to the principal certifying authority before works begin to reasonably satisfy the principal certifying authority that any contribution required to be paid under section 94 or 94A of the Act in respect of the development has been paid.
2 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 the 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. |
3 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.
4 Garbage receptacle
|
5 Wall dilapidation report
|
wall) on the lot adjoining that boundary that is less than 0.9m from that
boundary, the person having the benefit of the complying development certificate must obtain a dilapidation report on the adjoining wall before works begin.
| (2) | If the person preparing the report is denied access to the adjoining lot for the purpose of inspecting the wall, the report may be prepared from an external inspection of the wall. |
6 Run-off and erosion controls
Run-off and erosion controls must be implemented before works begin to prevent soil erosion, water pollution or the discharge of loose sediment on the surrounding land by:
| (a) | diverting uncontaminated run-off around cleared or disturbed areas, and |
| (b) | erecting a silt fence and providing any other necessary sediment control measures that will prevent debris escaping into drainage systems, waterways or adjoining properties, and |
| (c) | preventing the tracking of sediment by vehicles onto roads, and |
| (d) | stockpiling top soil, excavated materials, construction and landscaping supplies and debris within the lot. |
7 Tree protection measures
|
| (a) | each tree that is within 6m of any dual occupancy, manor house, multi dwelling housing (terraces) or ancillary development that is to be constructed, |
| (b) | each protected tree that is within 10m of any dual occupancy, manor house, multi dwelling housing (terraces) or ancillary development that is to be constructed. |
| (3) | Each protected tree that is within 6m of a dual occupancy, manor house, multi dwelling housing (terraces), outbuilding or swimming pool must have a fence or barrier that is erected: | |||||
| ||||||
| (4) | The person having the benefit of the complying development certificate must ensure that: | |||||
| ||||||
| (5) | The tree protection measures specified in this clause must: | |||||
| ||||||
| Note. A separate permit or development consent may be required if the branches or | ||||||
| roots of a protected tree on the lot or on an adjoining lot are required to be pruned or removed. |
8 Notification of works to water and sewerage supply authorities
|
| (a) | any organisation having water or sewerage infrastructure on the land on which the development is to occur, |
| (b) | any organisation that is required to provide water or sewerage services to the land as a result of the development. |
| (2) | Evidence of the giving of approval required under subclause (1) is to be provided to the principal certifying authority for the building work involved in the development before that work begins. |
9 Drainage
Any water supply, sewerage or stormwater drainage work carried out under section 68 of the Local Government Act 1993 on the lot must be completed before building works begin.
10 Location of footings and external walls
|
| (a) | all footings required for the proposed development, |
| (b) | the external walls of any building to be erected as part of the development but only if the building will contain a habitable room. |
| (2) | The person having the benefit of the complying development certificate must ensure that before those external walls are constructed, the principal certifying authority is given a survey and a report by a registered surveyor that shows the position of the walls relative to the lot boundary. |
11 Safety of persons and the environment
Before works begin appropriate measures must be in place to ensure all works and activities are carried out during the development in a manner that ensures the safety of persons and of the environment, including, if the council recommends specific environmental site management controls in respect of the development, those recommended controls.
| Part 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 2017 contain provisions relating to noise.
12 Hours for construction
Construction may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no construction is to be carried out at any time on a Sunday or a public holiday.
13 Construction noise
Noise caused by construction must not exceed an LAeq (15 min) of 5dB(A) above background noise when measured at any lot boundary of the property where the construction is being carried out.
14 Compliance with plans
Works must be carried out in accordance with the plans and specifications to which the complying development certificate relates.
15 Maintenance of site
|
| (a) | all vehicles entering or leaving the site must have their loads covered, and |
| (b) | all vehicles, before leaving the site, must be cleaned of dirt, sand and other materials, to avoid tracking these materials onto public roads. |
| (5) | At the completion of the works, the work site must be left clear of waste and debris. |
16 Earthworks, retaining walls and structural support
|
| (a) | must not cause a danger to life or property or damage to any adjoining building or structure on the lot or to any building or structure on any adjoining lot, and |
| (b) | must not redirect the flow of any surface or ground water or cause sediment to be transported onto an adjoining property, and |
| (c) | that is fill brought to the site—must contain only virgin excavated natural material (VENM) as defined in Part 3 of Schedule 1 to the |
Protection of the Environment Operations Act 1997, and
| (d) | that is excavated soil to be removed from the site—must be disposed of in accordance with any requirements under the Protection of the |
Environment Operations (Waste) Regulation 2014.
| (2) | Any excavation must be carried out in accordance with Excavation Work: |
| Code of Practice (ISBN 978-0-642-78544-2), published in July 2012 by Safe | |
| Work Australia. |
17 Drainage connections
|
Local Government Act 1993 must be held before the connection is carried out.
18 Swimming pool safety
If the work involves the construction of a swimming pool, a child-resistant barrier that complies with the requirements of the Building Code of Australia and AS 1926.1—2012, Swimming pool safety, Part 1: Safety barriers for
swimming pools must be erected around that work during the construction.
19 Contamination discovered during works
|
Act 1997):
| (a) | all works must stop immediately, and |
| (b) | the Environment Protection Authority and the council must be notified of the contamination. |
| (2) | Land is found to be contaminated for the purposes of this clause if the person having the benefit of the complying development certificate or the principal certifying authority knows or should reasonably suspect that the land is contaminated. |
| Note. Depending on the level of the nature and level of the contamination, remediation | |
| of the land may be required before further work can continue. |
20 Archaeology discovered during excavation
If any object having interest due to its age or association with the past is uncovered during the course of the work:
| (a) | all work must stop immediately in that area, and |
| (b) | the Office of Environment and Heritage must be advised of the discovery. |
Note. Depending on the significance of the object uncovered, an archaeological
assessment and excavation permit under the Heritage Act 1977 may be required
before further work can continue.
21 Aboriginal objects discovered during excavation
If an Aboriginal object (including evidence of habitation or remains) is discovered during the course of the work:
| (a) | all excavation or disturbance of the area must stop immediately, and |
| (b) | the person making the discovery must advise the Chief Executive (within the meaning of the National Parks and Wildlife Act 1974) of the discovery in accordance with section 89A of that Act. |
Note. If an Aboriginal object is discovered, an Aboriginal heritage impact permit may
be required under the National Parks and Wildlife Act 1974.
| Part 3 | Conditions applying before issue of occupation certificate |
22 Vehicular access
If the work involves the construction of a vehicular access point, the access point must be completed before the occupation certificate for the work on the site is obtained.
23 Utility services
If the work requires alteration to, or the relocation of, utility services on, or adjacent to, the lot on which the work is carried out, the work is not complete until all such works are carried out.
24 On-site stormwater detention system
|
| (a) | a public positive covenant enforceable by the council requiring the owner of the land to maintain and repair the system, |
| (b) | a restriction as to user in favour of the council that is worded to the satisfaction of the council. |
| (2) | A certificate issued by an engineer that certifies that the on-site stormwater detention system has been constructed in accordance with the approval of the council must be given to the principal certifying authority before the occupation certificate for the work on the site is obtained. |
25 Evidence of certain matters
|
| (a) | a survey certificate prepared by a registered surveyor that certifies the location of any new buildings, or additions to existing buildings, in relation to the boundaries of the lot, |
| (b) | if the development has resulted in the installation of a mechanical ventilation system—a certificate from a mechanical ventilation engineer that states that the system complies with the approved plans and specifications, |
| (c) | if the council has design guidelines or constructions specifications for works to which the complying development certificate relates and those guidelines or specifications address the submission of compliance documentation to the council—that compliance documentation. |
26 Easement in gross over rear lane
If the development results in the creation of a rear access lane, an easement in gross for public access in favour of the council must be created over the lane before the occupation certificate for the work on the site is obtained.
27 Adaptable housing notification
|
28 Trees
|
terrace means a single dwelling in multi dwelling housing (terraces).
| Part 4 | Condition applying after issue of occupation certificate |
29 Notification to council
The person having the benefit of a complying development certificate must, as soon as practicable after obtaining an occupation certificate from a principal certifying authority (other than the council), notify the council of issuing of the certificate.
| Schedule 6B | Conditions applying to complying development certificates under the Subdivisions Code |
(Clause 6.6)
Note 1. Complying development under the Subdivisions Code must comply with the requirements of
the Act, the Environmental Planning and Assessment Regulation 2000 and the conditions listed in this
Schedule.
Note 2. Division 2A of Part 7 of the Environmental Planning and Assessment Regulation 2000
specifies conditions to which certain complying development certificates are subject.
1 Evidence of certain matters relating to services and works
|
| (a) | are marked in red to show how the works as executed depart from those approved plans, and |
| (b) | are certified and dated by a registered surveyor or design engineer. |
2 Boundary fencing
Fencing must be provided along all property boundaries located behind the building line before the subdivision certificate for the site is obtained.
Note. See the Dividing Fences Act 1991 for requirements in relation to boundary fences.
3 Easements for stormwater drainage
|
| (a) | it was created (by registration of an instrument under Division 1 of Part 7 of the Real Property Act 1900), and | |||
| (b) | its location was approved by the council, and | |||
| (c) | it has a minimum width of: | |||
| ||||
|
4 Common driveways
If lots share a common driveway, rights of carriageway over that driveway to the benefit of each of those lots must be created.
5 Plan of subdivision
|
| Schedule 2 | Amendment of other environmental planning instruments |
| 2.1 | Bankstown Local Environmental Plan 2015 |
| Land Use Table | |
| Insert “Manor houses;” in alphabetical order in item 3 of Zone R2 Low Density Residential. | |
| 2.2 | Byron Local Environmental Plan 2014 |
| Land Use Table | |
| Insert “Manor houses;” in alphabetical order in item 3 of Zone R2 Low Density Residential. | |
| 2.3 | Campbelltown Local Environmental Plan 2015 |
| Land Use Table | |
| Insert “Manor houses;” in alphabetical order in item 3 of Zone R2 Low Density Residential. | |
| 2.4 | Eurobodalla Local Environmental Plan 2012 |
| Land Use Table | |
| Insert “Manor houses;” in alphabetical order in item 3 of Zone R2 Low Density Residential. | |
| 2.5 | Great Lakes Local Environmental Plan 2014 |
| Land Use Table | |
| Insert “Manor houses;” in alphabetical order in item 3 of Zone R2 Low Density Residential. | |
| 2.6 | Hurstville Local Environmental Plan 2012 |
| Land Use Table | |
| Insert “Manor houses;” in alphabetical order in item 3 of Zone R2 Low Density Residential. | |
| 2.7 | Lithgow Local Environmental Plan 2014 |
| Land Use Table | |
| Insert “Manor houses;” in alphabetical order in item 3 of Zone R2 Low Density Residential. | |
| 2.8 | Manly Local Environmental Plan 2013 |
| Land Use Table | |
| Insert “Manor houses;” in alphabetical order in item 3 of Zone R2 Low Density Residential. | |
| 2.9 | Port Macquarie-Hastings Local Environmental Plan 2011 |
| [1] | Land Use Table |
| Insert “Manor houses;” in alphabetical order in item 3 of Zone RU5 Village. | |
| [2] | Land Use Table, Zone R2 Low Density Residential |
| Insert “Manor houses;” in alphabetical order in item 3. |
2.10 Port Stephens Local Environmental Plan 2013
Land Use Table
Insert “Manor houses;” in alphabetical order in item 3 of Zone R2 Low Density Residential.
2.11 Ryde Local Environmental Plan 2010
Land Use Table
Insert “Manor houses;” in alphabetical order in item 3 of Zone R2 Low Density Residential.
2.12 Ryde Local Environmental Plan 2014
Land Use Table
Insert “Manor houses;” in alphabetical order in item 3 of Zone R2 Low Density Residential.
2.13 Shellharbour Local Environmental Plan 2013
Land Use Table
Insert “Manor houses;” in alphabetical order in item 3 of Zone R2 Low Density Residential.
2.14 Shoalhaven Local Environmental Plan 2014
Land Use Table
Insert “Manor houses;” in alphabetical order in item 3 of Zone R2 Low Density Residential.
2.15 Sutherland Shire Local Environmental Plan 2015
Land Use Table
Insert “Manor houses;” in alphabetical order in item 3 of Zone R2 Low Density Residential.
2.16 Upper Lachlan Local Environmental Plan 2010
[1] Land Use Table
Insert “Manor houses;” in alphabetical order in item 3 of Zone RU5 Village.
[2] Land Use Table, Zone R2 Low Density Residential
Insert “Manor houses;” in alphabetical order in item 3.
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