State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Miscellaneous) 2010 (2010-135) LW 23 April 2010 (NSW)
2010 No 135
| New South Wales |
State Environmental Planning Policy
(Exempt and Complying Development
Codes) Amendment (Miscellaneous)
2010
under the
Environmental Planning and Assessment Act 1979
His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979. (S09/00647)
TONY KELLY, MLC Minister for Planning
| Published LW 23 April 2010 | Page 1 |
| 2010 No 135 | State Environmental Planning Policy (Exempt and Complying Development |
| Clause 1 | Codes) Amendment (Miscellaneous) 2010 |
State Environmental Planning Policy (Exempt and
Complying Development Codes) Amendment
(Miscellaneous) 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 (Miscellaneous) 2010.
2 Commencement
| ||
| (2) Schedule 1 [1] and [2], [4]–[9] and [15]–[22] commence on |
4 June 2010.
3 Repeal of Policy
|
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 135 |
| Codes) Amendment (Miscellaneous) 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 1.3 Aims of policy
| Omit “General Housing Code” from paragraph (c). Insert instead “complying development codes”. |
[2] Clause 1.3 (c)
| Omit “Environmental Planning and Assessment Act 1979”. Insert instead “Act”. |
[3] Clause 1.5 Interpretation—general
Omit the definitions of building height (or height of building) and building line from subclause (1).
Insert instead in alphabetical order:
building height (or height of building), at any point of a building, means the vertical distance between that point at ground level (existing) and the highest point of the building immediately above that point, including plant and lift overruns, but excluding communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like.
building line means the line of an existing or proposed external wall or roof edge of a building (other than a wall or roof of any building element within an articulation zone), or the outside face of any existing or proposed ancillary development, closest to a boundary of a lot.
[4] Clause 1.5 (1)
Omit the definitions of complying development code, draft heritage conservation area, draft heritage item and foreshore area.
Insert instead in alphabetical order:
ANEF contour, for an airport, means a noise exposure contour shown as an ANEF contour on any Noise Exposure Forecast Contour Map for that airport prepared by the Department of the Commonwealth responsible for airports.
| 2010 No 135 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Miscellaneous) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
community consultation means:
| (a) | consultation with the community under section 57 of the Act, or |
| (b) | public exhibition under section 66 of the Act, as in force on 30 June 2009. |
complying development code means any of the following codes:
| (a) | the General Housing Code, |
| (b) | the Housing Internal Alterations Code, |
| (c) | the General Commercial and Industrial Code, |
| (d) | the Subdivisions Code. |
draft heritage conservation area means an area of land identified as a heritage conservation area or place of Aboriginal heritage significance in a local environmental plan that has been subject to community consultation, other than an area that was consulted on before 1 March 2006, but has not been included in a plan before 27 February 2009.
draft heritage item means a building, work, archeological site, tree, place or aboriginal object identified as a heritage item in a local environmental plan that has been subject to community consultation, other than an item that was consulted on before 1 March 2006, but has not been included in a plan before 27 February 2009.
foreshore area means the land between a foreshore building line and the mean high water mark of an adjacent waterbody (natural). foreshore building line means the foreshore building line identified by:
| (a) | a | development | control | plan | adopted | before |
12 December 2008, or
| (b) | an environmental planning instrument. |
Subdivisions Code means the code for complying development set out in Part 6.
[5] Clause 1.6 Interpretation—references to land use zones
Omit the table to the clause. Insert instead:
|
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 135 |
| Codes) Amendment (Miscellaneous) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
| Named land use zone | Permitted land uses |
| RU2 Rural Landscape | Compatible rural land uses, including extensive agriculture |
| RU3 Forestry | Forestry land uses and other development compatible with forestry land uses |
| RU4 Rural Small Holdings | Compatible rural land uses, including extensive agriculture on small rural lots |
| RU5 Village | Dwelling houses, business and retail premises and associated uses and facilities in a rural village setting |
| R1 General Residential | Residential accommodation of various types and densities and associated services and facilities |
| R2 Low Density Residential | Generally low density dwellings with associated services and facilities |
| R3 Medium Density Residential | Mix of medium density dwellings with associated services and facilities |
| R4 High Density Residential | High density dwellings including residential flat buildings with associated services and facilities |
| R5 Large Lot Residential | Dwelling houses on large residential lots in a rural setting |
| B1 Neighbourhood Centre | Small scale business and retail premises, community facilities and shop top housing in a neighbourhood centre |
| B2 Local Centre | Business and retail premises, entertainment and community facilities and shop top housing in a local centre |
| B3 Commercial Core | Large scale business, office and retail premises and community and entertainment facilities in a major centre |
| B4 Mixed Use | A variety of business, office and retail premises, community and entertainment facilities and associated uses |
| B5 Business Development | Large floor area business uses, including warehouse or distribution centres, and specialised retail premises in areas that are close to, and support the viability of, centres |
| 2010 No 135 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Miscellaneous) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| Named land use zone | Permitted land uses |
| B6 Enterprise Corridor | Business premises, office premises, retail premises and light industries, warehouse or distribution centres and associated |
| facilities along a main road, residential uses only as part of a mixed use development | |
| B7 Business Park | Office premises and light industries, that encourage employment opportunities, together with associated facilities and services |
| IN1 General Industrial | Depots, freight transport facilities, industries, neighbourhood shops and warehouse or distribution centres in a general industrial setting |
| IN2 Light Industrial | Depots, light industries, neighbourhood shops and warehouse or distribution centres in a light industrial setting |
| IN3 Heavy Industrial | Depots, freight transport facilities and heavy industries, including hazardous and offensive industries and storage |
| establishments in a heavy industrial setting | |
| IN4 Working Waterfront | Waterfront industrial and maritime activities, including boat launching ramps, boat repair facilities, jetties and |
| light industries |
[6] Clause 1.18 General requirements for complying development
Insert after subclause (2A):
| (2B) | To be complying development on land in the 20-25 ANEF contours, the development must be constructed in accordance with AS 2021—2000, Acoustics—Aircraft noise intrusion— Building siting and construction. |
[7] Clause 1.19 Land on which exempt development and complying development may not be carried out
Insert after subclause (2) (c):
| (d) | the Subdivisions Code. |
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 135 |
| Codes) Amendment (Miscellaneous) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
[8] Clause 1.19 (5)
Insert “, unless the development is only the demolition or removal of a dwelling house, the demolition of ancillary development or the erection of a swimming pool, fence or retaining wall” after “prone land” in paragraph (e).
[9] Clause 1.19 (5) (i)
Insert at the end of subclause (5) (h):
, or
(i) land that is in the 25 ANEF contour or a higher ANEF contour.
[10] Clause 2.24 Development standards
Omit “the highest point of the roof of the dwelling on the lot” from subclause (1) (c) (ii).
Insert instead “ground level (existing)”.
[11] Clauses 3.16 and 3.17
Omit the clauses. Insert instead:
|
| (1) | This clause applies to a dwelling house and any carport, garage, balcony, deck, patio, pergola, terrace or verandah that is attached to the dwelling house (a building). | |||||
| (2) | Any point of a building, on a lot in Zone R1, R2, R3, R4, R5 or RU5, that has a building height of 3.8m or less on its building line at that point must have a setback from the side boundary nearest to that point of at least the following distance: | |||||
| ||||||
| (3) | Any point of a building, on a lot in Zone R1, R2, R3, R4, R5 or RU5, that has a building height of more than 3.8m on its building line at that point must have a setback from the side boundary nearest to that point of at least the sum of: | |||||
|
| 2010 No 135 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Miscellaneous) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| (4) | A building on a lot in Zone RU1, RU2, RU3 or RU4 must have a setback from a side boundary of at least 10m. |
| 3.17 | Setbacks of dwelling houses from rear boundaries | |||
|
| (a) | if the lot has an area of at least 450m2 but less than 900m2—3m, |
| (b) | if the lot has an area of at least 900m2 but less than 1500m2—5m, |
| (c) | if the lot has an area of at least 1500m2—10m. |
| (3) | Any point of a building, on a lot in Zone R1, R2, R3, R4, R5 or RU5, that has a building height of more than 3.8m on its building line at that point must have a setback from the rear boundary of at least the following distance: | |||||
| ||||||
| (4) | Despite subclauses (2) and (3), a building on a lot in Zone R1, R2, R3, R4 or RU5 that has a rear boundary with a laneway may have a building line that abuts that boundary for up to 50 per cent of the length of that boundary. | |||||
| (5) | A building on a lot in Zone RU1, RU2, RU3 or RU4 must have a setback from the rear boundary of at least 10m. |
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 135 |
| Codes) Amendment (Miscellaneous) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
[12] Clause 3.18 Setbacks of new outbuildings from side and rear boundaries
Omit “An outbuilding with a building height at any part” from subclauses (1) and (2) wherever occurring.
Insert instead “A new outbuilding, or alterations and additions to an existing outbuilding, with a building height, on the building line,”.
[13] Clause 3.18 (3)
Omit “An outbuilding”. Insert instead “A new outbuilding, or alterations and additions to an existing outbuilding,”.
[14] Clause 3.20 Calculating setbacks
Omit subclauses (4) and (5).
[15] Clause 3.27 Garages, carports and car parking spaces
Omit subclause (2) (b). Insert instead:
| (b) | if the lot has a frontage of more than 15m—be not more than 50 per cent of the width of the building, measured at the building line to the relevant property boundary, and |
| (c) | if the lot has a frontage of not more than 15m—be not more than 60 per cent of the width of the building, measured at the building line to the relevant property boundary. |
[16] Clause 3.29 Excavation of sloping sites
Omit subclause (2). Insert instead:
| (2) | A retaining wall: | |||
|
[17] Clause 3.29 (3)
Omit “1m”. Insert instead “2m”.
[18] Clause 3.30 Fill of sloping sites
Omit subclause (1). Insert instead:
| (1) | Fill associated with the erection of, or an alteration or addition to, a dwelling house or ancillary development must: | |
|
| 2010 No 135 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Miscellaneous) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| (b) | be adequately contained by a retaining wall that: | |||
|
[19] Clause 3.35 Fences and retaining walls
Insert after subclause (4):
| (4A) | If the land on which a fence or retaining wall is to be erected is bush fire prone land, the fence or retaining wall must be constructed from non combustible materials. |
[20] Clause 3.36 Construction of fences
Insert after subclause (1):
| (2) | If the land on which a fence is to be erected is bush fire prone land, the fence must be constructed from non combustible materials. |
[21] Part 4 Housing Internal Alterations Code
Omit Divisions 1 and 1A. Insert instead:
| ||
| ||
|
Internal alterations to an existing dwelling or existing ancillary development that is associated with a dwelling, other than development that is the erection or conversion of a basement to an existing dwelling, is development specified for this code.
Note. See the entry for minor building alterations (internal) in the
General Exempt Development Code.
| 4.1A | Development standards |
The standards specified for that development are that the development:
| (a) | must not result in a change of classification of the building under the Act or the Building Code of Australia, and |
| (b) | must not result in any additional separate dwelling, and |
| State Environmental Planning Policy (Exempt and Complying Development | 2010 No 135 |
| Codes) Amendment (Miscellaneous) 2010 |
| Amendment of State Environmental Planning Policy (Exempt and | Schedule 1 |
| Complying Development Codes) 2008 |
| (c) | if it relates to a building on land in the Sydney region, as declared under section 4 (6) of the Act, or in the local government area of Newcastle or Wollongong—must be to a building, other than a dwelling house, that was approved for subdivision under the Strata Schemes (Freehold Development) Act 1973 or has an occupation certificate issued after 28 January 2000. |
| Subdivision 2 | Demolition |
| 4.1B | Specified development |
Demolition of development that would be complying development under this code if it were being constructed or installed is development specified for this code.
| 4.1C | Development standards |
The standards specified for that development are that the development must be carried out in accordance with AS 2601— 2001, Demolition of structures.
[22] Part 6 Subdivisions Code
Insert after Part 5:
| ||
| 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 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. | ||
|
The strata subdivision of a building, other than a dual occupancy, for which development consent or a complying development certificate was granted or issued is, for 5 years from the date the consent or certificate was granted or issued, development specified for this code.
| 2010 No 135 | State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Miscellaneous) 2010 |
| Schedule 1 | Amendment of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 |
| 6.2 | Development standards |
The standards specified for that development are:
| (a) | that any development consent or complying development certificate relating to the building, the subject of the subdivision, and granted or issued before 1 January 2011 must require the allocation of parking spaces for each individual dwelling, and |
| (b) | that the subdivision must not contravene any condition of any development consent or complying development certificate applying to the development. |
Note. Registered interests on the land, the subject of the strata subdivision, the Strata Schemes Management Act 1996 and the Strata Schemes (Freehold Development) Act 1973 apply.
0
0
0