State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Miscellaneous) 2021 (2021-16) LW 29 January 2021 (NSW)
| New South Wales |
State Environmental Planning Policy
(Exempt and Complying Development
Codes) Amendment (Miscellaneous) 2021
under the
Environmental Planning and Assessment Act 1979
Her Excellency the Governor, with the advice of the Executive Council, has made the following State environmental planning policy under the Environmental Planning and Assessment Act 1979.
ROB STOKES, MP
Minister for Planning and Public Spaces
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment
(Miscellaneous) 2021 [NSW]
State Environmental Planning Policy (Exempt and Complying
Development Codes) Amendment (Miscellaneous) 2021
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) 2021.
2 Commencement
This Policy commences on the day on which it is published on the NSW legislation website.
3 Repeal of Policy
This Policy is repealed on the day following the day on which this Policy commences.
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment
(Miscellaneous) 2021 [NSW]
Schedule 1 Amendment of State Environmental Planning Policy (Exempt and Complying Development
Codes) 2008
| Schedule 1 | Amendment of State Environmental Planning |
| Policy (Exempt and Complying Development | |
| Codes) 2008 |
[1] Whole Policy
Omit “AS 4282—1997” wherever occurring. Insert instead “AS/NZS 4282:2019”.
[2] Clause 1.5 Interpretation—general
Insert “2,” after “Part” wherever occurring in the definitions of floor area in clause 1.5(1).
[3] Clause 1.5(1), definition of “gross floor area”
Omit paragraph (b). Insert instead—
| (b) | 1 car parking space per dwelling, including access to the parking space, if— | |||
|
[4] Clause 1.5(4)–(6)
Renumber clause 1.5(3) where secondly occurring, (4) and (5) as clause 1.5(4), (5) and (6), respectively.
[5] Clause 1.15 What development is exempt development?
Omit clause 1.15(1). Insert instead—
| (1) | Development is exempt development for the purposes of this Policy if the development— | |||||
|
[6] Clause 1.15, note
Omit the note. Insert instead—
Note— Under section 1.6 of the Act, the carrying out of exempt development does not
require—
| (a) | development consent under Part 4 of the Act, or |
| (b) | environmental impact assessment under Division 5.1 of the Act, or |
| (c) | State significant infrastructure approval under Division 5.2 of the Act, or |
| (d) | a certificate under Part 6 of the Act. |
[7] Clause 1.18 General requirements for complying development under this Policy
Omit “AS 2021—2000” from clause 1.18(2). Insert instead “AS 2021:2015”.
[8] Clause 2.2 Development standards
Omit “mobility—General” from the note. Insert instead “mobility, Part 1: General”.
[9] Clause 2.4 Development standards
Insert “,” after “AS/NZS 1170.0:2002” wherever occurring.
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment
(Miscellaneous) 2021 [NSW]
Schedule 1 Amendment of State Environmental Planning Policy (Exempt and Complying Development
Codes) 2008
[10] Clause 2.4(1)(b)(v) and (c)(vi)
Insert “,” after “AS/NZS 1170.2:2011” wherever occurring.
[11] Clause 2.4(1)(b)(v) and (c)(vi)
Omit “Principles” wherever occurring. Insert instead “principles”.
[12] Clause 2.4(1)(b)(vi) and (c)(vii)
Omit “AS 3600—2009” wherever occurring. Insert instead “AS 3600:2018,”.
[13] Clause 2.6 Development standards
Insert after clause 2.6(1)(b)—
| (b1) | be located at least 1m from bedrooms of adjoining residences, and |
[14] Clause 2.6(1)(d)
Insert “at its highest point” after “1.8m”.
[15] Clause 2.11
Omit the clause. Insert instead—
|
The following development is specified for this code—
| (a) | the construction or installation of a balcony, deck, patio, pergola, terrace or verandah, whether free standing or attached to the ground floor level of a building, or roofed or unroofed, if it is not constructed or installed on or in a heritage item or a draft heritage item or on land in a foreshore area, |
| (b) | the replacement of a deck if the deck is not higher than 1m above ground level (existing). |
[16] Clause 2.12 Development standards
Omit “that development”. Insert instead “the development specified in clause 2.11(a)”.
[17] Clause 2.12
Insert at the end of the clause—
| (2) | The standards specified for the development specified in clause 2.11(b) are that the development must— | |||
|
[18] Clause 2.20 Development standards
Omit “or” from clause 2.20(1)(c). Insert instead “and”.
[19] Clause 2.20B Development standards
Omit “section 51 of the Public Health Act 1991” from clause 2.20B(f)(viii).
Insert instead “the Public Health Act 2010”.
[20] Clause 2.24 Development standards
Omit “AS/NZS 1158.3.1:2005” from clause 2.24(1)(e).
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment
(Miscellaneous) 2021 [NSW]
Schedule 1 Amendment of State Environmental Planning Policy (Exempt and Complying Development
Codes) 2008
Insert instead “AS/NZS 1158.3.1:2020,”.
[21] Clauses 2.28 Development standards
Omit “AS: 2890.2—2002” from clause 2.28(b). Insert instead “AS 2890.2:2018”.
[22] Clause 2.30AB Development standards
Omit “of the floor space” from clause 2.30AB(b).
[23] Clause 2.30AB(c)
Omit “floor space”. Insert instead “floor area”.
[24] Clause 2.32E Development standards—grain silos
Omit “AS 2628-2010, Sealed grain-storage silos – Sealing requirements for insect control” from clause 2.32E(1)(f).
Insert instead “AS 2628—2010, Sealed grain-storage silos—Sealing requirements for
insect control”.
[25] Clause 2.36 Development standards
Omit “installations–electrical” from clause 2.36(1)(h).
Insert instead “installations – Electric”.
[26] Clause 2.42AB Development standards
Omit “AS 1940–2004” from clause 2.42AB(d). Insert instead “AS 1940:2017”.
[27] Clause 2.51 Specified development
Insert “partition,” after “a” in clause 2.51(1)(g).
[28] Clause 2.52 Development standards
Insert after clause 2.52(e)—
| (e1) | if it is the installation of a partition, work station or counter— | |
|
Building Code of Australia, and
(ii) if located beneath a fire sprinkler—not be higher than 1.5m, and
[29] Clause 2.57 Specified development
Insert at the end of the clause—
| (2) | In this Subdivision— |
| playground equipment includes slides, swings and trampolines, but does not | |
| include skateboard ramps. |
[30] Clause 2.66B Development standards
| Omit “AS/NZS 2890.1:2004Parking facilities, Part 1: Off-street parking” from clause 2.66B(e). |
Insert instead “AS/NZS 2890.1:2004, Parking facilities, Part 1: Off-street car parking”.
[31] Clause 2.74B Development standards
Omit “AS 1657:2018,Fixed” from clause 2.74B(g). Insert instead “AS 1657:2018, Fixed”.
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment
(Miscellaneous) 2021 [NSW]
Schedule 1 Amendment of State Environmental Planning Policy (Exempt and Complying Development
Codes) 2008
[32] Clause 2.85 Development standards
Omit “0:General” from clause 2.85(f)(i). Insert instead “0: General”.
[33] Clause 2.85(f)(ii)
Omit “2:Wind”. Insert instead “2: Wind”.
[34] Clauses 3.10 Minimum setbacks and maximum height and length of boundary walls
Omit “or shed” from clause 3.10(14). Insert instead “, shed or detached studio”.
[35] Clause 3.11 Exceptions to setbacks
Omit “greater than” from clause 3.11(2)(j). Insert instead “not more than”.
[36] Clause 3.14 Building design
Omit clause 3.14(1). Insert instead—
| (1) | This clause applies to the following development on a lot other than a battle-axe lot— | |||
|
[37] Clause 3.15 Privacy screens for windows and certain attached development
Omit the diagram to the clause.
[38] Clause 3.15(3)(b), diagram
Insert after clause 3.15(3)(b)—
[39] Clauses 3.16(2), 3.23(1), 3C.19(2) and 3C.26(1)
Omit “AS 2890.1:2004, Parking facilities—Off-street car parking” wherever occurring.
Insert instead “AS/NZS 2890.1:2004, Parking facilities, Part 1: Off-street car parking”.
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment
(Miscellaneous) 2021 [NSW]
Schedule 1 Amendment of State Environmental Planning Policy (Exempt and Complying Development
Codes) 2008
[40] Clauses 3.20 and 3C.23
Omit “<300m2” wherever occurring. Insert instead “200m2–300m2”.
[41] Clause 3.21 Minimum setbacks and maximum height and length of built to boundary
walls
Insert after clause 3.21(1), after the notes—
[42] Clause 3.21(9), diagram
Omit the diagram. Insert instead—
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment
(Miscellaneous) 2021 [NSW]
Schedule 1 Amendment of State Environmental Planning Policy (Exempt and Complying Development
Codes) 2008
[43] Clause 3.21(11)(f)
Insert after clause 3.21(11)(e)—
| (f) | a detached studio. |
[44] Clause 3.23 Other development standards for detached garages and carports
Omit the first diagram to clause 3.23(5). Insert instead—
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment
(Miscellaneous) 2021 [NSW]
Schedule 1 Amendment of State Environmental Planning Policy (Exempt and Complying Development
Codes) 2008
[45] Clause 3.23(6), table
Omit “primary road” from the heading to the table. Insert instead “secondary road”.
[46] Clauses 3.23(7), 3.24(2) and 3D.46(7), tables
Omit “>200m2” wherever occurring. Insert instead “200m2”.
[47] Clause 3.25 Other development standards for detached studios
Omit “Not more than 350m2” from the table to clause 3.25(3).
Insert instead “200m2–350m2”.
[48] Clause 3.27 Minimum landscaped area
Omit “>6m” from the table to clause 3.27(4). Insert instead “6m”.
[49] Clause 3.28 Development standards for swimming pools
Insert after clause 3.28(7)—
| (7A) | The minimum setback for a swimming pool from a secondary road is the setback of the dwelling house from the secondary road. |
[50] Clause 3.30 Earthworks, retaining walls and structural support
Omit clause 3.30(4). Insert instead—
| (4) | Despite subclause (3), the height of fill is not limited if the fill is contained— | |||
|
[51] Clause 3.30(8)
Insert after clause 3.30(7), before the notes—
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment
(Miscellaneous) 2021 [NSW]
Schedule 1 Amendment of State Environmental Planning Policy (Exempt and Complying Development
Codes) 2008
| (8) | In this clause— | |||
| drop edge beam means a vertical concrete slab— | ||||
|
[52] Clause 3A.19 Exceptions to setbacks
Omit “or outbuilding” from clause 3A.19(a).
Insert instead “, outbuilding or detached studio”.
[53] Clause 3A.25 Principal private open space
Omit “Zone RU5”. Insert instead “Zone R5”.
[54] Clause 3A.28 Vehicle access
| Omit “AS/NZS 2890.1—2004, Parking facilities—Off-street car parking” from clause 3A.28(2). |
Insert instead “AS/NZS 2890.1:2004, Parking facilities, Part 1: Off-street car parking”.
[55] Clause 3A.29 Earthworks, retaining walls and structural support
Omit clause 3A.29(4). Insert instead—
| (4) | Despite subclause (3), the height of fill is not limited if the fill is contained— | |||
|
[56] Clause 3A.29(8)
Insert after clause 3A.29(7), before the notes—
| (8) | In this clause— | |||
| drop edge beam means a vertical concrete slab— | ||||
|
[57] Clause 3B.8 Lot requirements
Omit clause 3B.8(2)(a) and (b). Insert instead—
| (a) | if the car parking space for the parent lot is accessed only from a secondary road, parallel road or lane—12m, |
| (b) | otherwise—15m. |
[58] Clause 3B.11 Minimum setbacks and maximum height and length of boundary walls
Omit the diagram to clause 3B.11(4). Insert instead—
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment
(Miscellaneous) 2021 [NSW]
Schedule 1 Amendment of State Environmental Planning Policy (Exempt and Complying Development
Codes) 2008
[59] Clause 3B.13 Dwelling configuration on lot
Insert after clause 3B.13(3)—
| (3A) | The 2 buildings comprising a dual occupancy (attached) must be attached to each other by a common wall. |
[60] Clause 3B.13(4)
Omit the subclause. Insert instead—
| (4) | Each dwelling, including an off-street car parking space for the dwelling, must have a minimum width, measured at the building line, of— | |||
|
[61] Clause 3B.24 Minimum setbacks and maximum height and length of boundary walls
Omit “any ancillary development” from clause 3B.24(2)(b).
Insert instead “attached development and detached development”.
[62] Clause 3B.27 Minimum landscaped area
Omit clause 3B.27(2A). Insert instead—
| (2A) | At least 50% of the area required to be landscaped under subclause (1) must be located behind the building line. |
[63] Clause 3B.36 Minimum setbacks and maximum height and length of boundary walls
Omit the diagram to clause 3B.36(4). Insert instead—
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment
(Miscellaneous) 2021 [NSW]
Schedule 1 Amendment of State Environmental Planning Policy (Exempt and Complying Development
Codes) 2008
[64] Clause 3B.36(5), table
Omit “>600m2” wherever occurring. Insert instead “600m2”.
[65] Clause 3B.36(5), table
Omit “8.5m” wherever occurring. Insert instead “9m”.
[66] Clause 3B.40 Minimum landscaped area
Omit clause 3B.40(2A). Insert instead—
| (2A) | At least 50% of the area required to be landscaped under subclause (1) or (1A) must be located behind the building line. |
[67] Clause 3B.49 Minimum setbacks and maximum height and length of built to
boundary walls
Omit “subclause (6)” from clause 3B.49(6)(a). Insert instead “subclause (5)”.
[68] Clause 3B.50 Other development standards for detached garages and carports
Omit “1 Off-street” from clause 3B.50(1). Insert instead “1: Off-street”.
[69] Clause 3B.56 Development standards for swimming pools
Omit clause 3B.56(8). Insert instead—
| (8) | The minimum setback for a swimming pool from a secondary road is the setback of the dual occupancy or manor house from the secondary road. |
[70] Clause 3B.58 Earthworks, retaining walls and structural support
Omit clause 3B.58(3). Insert instead—
| (3) | Before an excavation exceeding a maximum depth, measured from ground level (existing), of 1m is carried out on a lot— |
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment
(Miscellaneous) 2021 [NSW]
Schedule 1 Amendment of State Environmental Planning Policy (Exempt and Complying Development
Codes) 2008
| (a) | a geotechnical investigation report for the lot must be obtained, and | |||
| (b) | the report must show— | |||
|
| (3A) | The geotechnical investigation report required under subclause (3) must— | |||
|
investigations.
[71] Clause 3B.58(5)
Omit the subclause. Insert instead—
| (5) | Despite subclause (4), the height of fill is not limited if the fill is contained— | |||
|
[72] Clause 3B.58(10)
Insert after clause 3B.58(9), before the notes—
| (10) | In this clause— | |||
| drop edge beam means a vertical concrete slab— | ||||
|
[73] Clause 3B.61, heading
Insert “multi dwelling housing (terraces),” after “manor houses,”.
[74] Clause 3C.11 Minimum setbacks and maximum height and length of boundary walls
Omit clause 3C.11(1). Insert instead—
| (1) | Primary road setbacks The front building line of, and articulation zone for, |
| a dwelling house and an attached development, other than a garage or carport, must have a minimum setback from the primary road as shown in the following table— |
| Minimum setback of | Minimum setback of |
| building line from | articulation zone from |
| Lot size | primary road | primary road |
| 200m2–300m2 | 3m | 1.5m |
| >300m2 | 4.5m | 3m |
[75] Clause 3C.11(2), note
Insert “1” after “Note”.
[76] Clause 3C.11(2), note 2
Insert after note 1—
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment
(Miscellaneous) 2021 [NSW]
Schedule 1 Amendment of State Environmental Planning Policy (Exempt and Complying Development
Codes) 2008
Note 2— Despite this subclause, clause 3C.3 provides the erection of a building over
a registered easement is not complying development under this code.
[77] Clause 3C.11(4), table
Omit “both side boundaries”.
| Insert instead “the “Side A” and “Side B” boundaries referred to in subclause (2)(a) and (b)”. |
[78] Clause 3C.11(4), table
Omit “one side boundary” wherever occurring. Insert instead “the “Side A” boundary”.
[79] Clause 3C.11(4), table
Omit “the other side boundary”. Insert instead “the “Side B” boundary”.
[80] Clause 3C.12 Exceptions to setbacks
Omit “clause 3C.11(2) or (3)” wherever occurring in clause 3C.12(1) and (2).
Insert instead “clause 3C.11(2), (3) or (7)”.
[81] Clause 3C.12(1)(a1)
Insert before clause 3C.12(1)(a)—
| (a1) | access ramps, |
[82] Clause 3C.12(1)(d1)
Insert after clause 3C.12(1)(d)—
| (d1) | fences, |
[83] Clause 3C.12(2)(a1)
Insert before clause 3C.12(2)(a)—
| (a1) | aerials, |
[84] Clause 3C.13 Other development standards for attached garages
Omit “on a lot with a width of 6m or more” from clause 3C.13(4).
[85] Clause 3C.24 Minimum setbacks and maximum height and length of built to
boundary walls
Insert after clause 3C.24(11)(e)—
| (f) | a detached studio. |
[86] Clause 3C.26 Other development standards for detached garages and carports
Omit “primary road” from the heading to the table to clause 3C.26(7).
Insert instead “secondary road”.
[87] Clause 3C.33 Earthworks, retaining walls and structural support
Omit clause 3C.33(4). Insert instead—
| (4) | Despite subclause (3), the height of fill is not limited if the fill is contained— | |||
|
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment
(Miscellaneous) 2021 [NSW]
Schedule 1 Amendment of State Environmental Planning Policy (Exempt and Complying Development
Codes) 2008
[88] Clause 3C.33(8)
Insert after clause 3C.33(7), before the notes—
| (8) | In this clause— | |||
| drop edge beam means a vertical concrete slab— | ||||
|
[89] Clauses 3D.15(2), 3D.27(4), 3D.38(7) and 3D.46(1)
Omit “facilities—Off-street” wherever occurring.
Insert instead “facilities, Part 1: Off-street”.
[90] Clauses 3D.27(4) and 3D.46(1)
Omit “AS/NZS/2890.1:2004” wherever occurring. Insert instead “AS/NZS 2890.1:2004”.
[91] Clause 3D.32 Minimum setbacks
Omit “at least 4,000m2” from clause 3D.32(6). Insert instead “less than 4,000m2”.
[92] Clause 3D.38 Car parking, vehicle access and garage requirements
Omit clause 3D.38(6).
[93] Clause 3D.38(9), table
Omit the table. Insert instead—
|
[94] Clause 3D.61 Earthworks, retaining walls and structural support
Omit clause 3D.61(4), including the note. Insert instead—
| (4) | Before an excavation exceeding a maximum depth, measured from ground level (existing), of 1m is carried out on a lot— | |||
|
(i) no groundwater is present on the part of the lot where the excavation is to be carried out, or
(ii) groundwater is present on the part of the lot but is below the level of the excavation.
| (4A) | The geotechnical investigation report required under subclause (4) must— | |||
|
investigations.
[95] Clause 3D.61(6)
Omit the subclause. Insert instead—
| (6) | Despite subclause (5), the height of fill is not limited if the fill is contained— |
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment
(Miscellaneous) 2021 [NSW]
Schedule 1 Amendment of State Environmental Planning Policy (Exempt and Complying Development
Codes) 2008
| (a) | wholly within the footprint of a building, attached development or detached development, or |
| (b) | by a drop edge beam. |
[96] Clause 3D.61(10)
Omit clause 3D.61(9) where secondly occurring. Insert instead, before the notes—
| (10) | In this clause— | |||
| drop edge beam means a vertical concrete slab— | ||||
| ||||
| footprint has the same meaning as it has in Division 7. |
[97] Clauses 4.1, 4.3, 4.4A, 4.5, 4A.1, 4A.3, 5.1, 5.3, 5.7, 5.9, 5.11, 6.1, 6.3, 7.1 and 8.2,
headings
Omit “complying” wherever occurring.
[98] Clause 4.6 Development standards
Omit “facing to” from clause 4.6(2)(e). Insert instead “on the side or”.
[99] Clause 4A.12 Development standards
Omit “AS 3962—2001, Guidelines for design of marinas” from clause 4A.12(1)(g).
Insert instead “AS 3962:2020, Marina design”.
[100] Clause 5.4 Development standards
Omit “AS 4674–2004Construction” from clause 5.4(1)(f).
Insert instead “AS 4674—2004, Design, construction”.
[101] Clause 5.5 Specified development
Insert after clause 5.5(1)(n)—
| (o) | recreation facilities (indoor). |
[102] Clause 5.8 Development standards
Omit “AS/NZS 3666.1:2002” from the note. Insert instead “AS/NZS 3666.1:2011”.
[103] Clause 5.14 Development standards
Insert after clause 5.14(1)(d)—
| (d1) | be erected with the lower edge at least 2.6m above ground level (existing), and |
[104] Clauses 5.22(c)(i), 5A.24(2) and 5A.25(4)(a)
Omit “AS 2890.2—2002” wherever occurring. Insert instead “AS 2890.2:2018”.
[105] Clause 5A.2 Alterations or additions to an existing building or construction of new
building
Insert after clause 5A.2(1)(e)—
| (f) | the construction of storage premises, other than storage premises used for the storage of data and related information technology hardware. |
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment
(Miscellaneous) 2021 [NSW]
Schedule 1 Amendment of State Environmental Planning Policy (Exempt and Complying Development
Codes) 2008
[106] Clause 5A.2(2)
Omit “subclause (1)(a)–(e)”. Insert instead “subclause (1)(a)–(f)”.
[107] Clause 5A.4 Application of development standards
Omit “that is” from clause 5A.4(b).
[108] Clause 5A.4(b)
Insert “or to a warehouse or distribution centre” after “industry”.
[109] Clause 5A.4(c)
Insert “or of a warehouse or distribution centre” after “industry”.
[110] Clause 5A.10 Setbacks of development from roads
Omit “the other provisions of this clause” wherever occurring in clause 5A.10(5) and (6).
Insert instead “subclauses (1)–(4A)”.
[111] Clause 5A.10(7)
Insert after clause 5A.10(6)—
| (7) | Despite subclauses (1)–(6), if a setback is specified in a development control plan applying to the lot on which the development is located, the building must have the setback specified in the development control plan. |
[112] Clause 5A.12 Front facade material finishes for new industrial buildings
Omit clause 5A.12(1) and (2). Insert instead—
| (1) | A new industrial building must— | |||
|
(i) have a front door, or
(ii) have an entry with an awning or portico, or
(iii) be distinguished by the use of different building materials.
[113] Clause 5A.12(3)
Insert “north and east or” after “between”.
[114] Clause 5A.16, heading
Omit “areas”. Insert instead “area”.
[115] Clause 5A.16(4)
Insert after subclause (3)—
| (4) | This clause does not apply to development that is the alteration of, or addition to, an existing building if the development does not— | |||
|
[116] Clause 5A.18 General standards
Omit clause 5A.18(d).
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment
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Schedule 1 Amendment of State Environmental Planning Policy (Exempt and Complying Development
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[117] Clause 5A.20A
Insert after clause 5A.20—
| 5A.20A | Landscaped area |
The existing commercial premises, as altered or added to, must comply with landscaping requirements contained in a development control plan applying to the land.
[118] Clause 5A.23 Privacy
Omit “5m” from clause 5A.23(b). Insert instead “6m”.
[119] Clause 5A.24 Car parking and access
Omit clause 5A.24(2). Insert instead—
| (2) | New car parking must be constructed to comply with the following standards— | |||
|
vehicle facilities,
| (c) | AS 2890.3:2015, Parking facilities, Part 3: Bicycle parking, |
| (d) | AS/NZS 2890.6:2009, Parking facilities, Part 6: Off-street parking for |
people with disabilities.
[120] Clause 7.1 Specified development
Omit clause 7.1(1)(a). Insert instead—
| (a) | a dwelling house, |
| (a1) | a secondary dwelling, |
[121] Clause 7.2 Development standards
Omit clause 7.2(2)–(4). Insert instead—
| (2) | Despite other development standards of this code, if, within 900mm of a boundary with an adjoining lot, there is a wall on the adjoining lot— | |||
| ||||
| (3) | If the development referred to in subclause (2) results in the exposure of a common wall, the common wall must, at the completion of the development, be weatherproofed. | |||
| (4) | If a swimming pool is wholly or partly removed, the site of the pool, or the part of the pool that is removed, must be restored to the ground level (existing) adjacent to the pool, taking into account the gradient of the site. | |||
| (5) | If it is necessary to fill the site of the pool, or the part of the pool that is removed, to comply with subclause (4)— | |||
|
1997, and
| (b) | the fill must be compacted, and |
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment
(Miscellaneous) 2021 [NSW]
Schedule 1 Amendment of State Environmental Planning Policy (Exempt and Complying Development
Codes) 2008
| (c) | piping and similar material must be removed from the site before it is filled. |
[122] Schedule 6 Conditions applying to complying development certificates under certain
complying development codes
Omit “safety—Part” from clause 11A. Insert instead “safety, Part”.
[123] Schedule 6, clause 11B
Insert after clause 11A—
|
| (1) | If during works on the land comprising the lot, the land is found to be contaminated, within the meaning of the Contaminated Land Management Act | |||
| 1997— | ||||
| ||||
| (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 the land is contaminated. | |||
| Note— Depending on the nature and level of the contamination, remediation of the | ||||
| land may be required before further work can continue. |
[124] Schedule 6, clauses 12 and 13, headings
Omit “excavation” wherever occurring. Insert instead “works”.
[125] Schedule 6A Conditions applying to complying development certificates under the
Low Rise Housing Diversity Code
Omit “section 94 or 9A” from clause 1. Insert instead “section 7.11 or 7.12”.
[126] Schedule 6A, clause 19(1)
Omit “in the course of”. Insert instead “during”.
[127] Schedule 6A, clause 19(2), note
Omit “the level of”.
[128] Schedule 6A, clauses 20 and 21, headings
Omit “excavation” wherever occurring. Insert instead “works”.
[129] Schedule 8 Conditions applying to complying development certificates under the
Commercial and Industrial Alterations Code, the Commercial and Industrial (New
Buildings and Additions) Code and the Container Recycling Facilities Code
Insert after clause 12—
|
| (1) | If during works on the land comprising the lot, the land is found to be contaminated, within the meaning of the Contaminated Land Management Act | |
| 1997— | ||
|
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment
(Miscellaneous) 2021 [NSW]
Schedule 1 Amendment of State Environmental Planning Policy (Exempt and Complying Development
Codes) 2008
| (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 the land is contaminated. |
| Note— Depending on the nature and level of the contamination, remediation of the | |
| land may be required before further work can continue. |
[130] Schedule 8, clauses 13 and 14, headings
Omit “excavation” wherever occurring. Insert instead “works”.
[131] Schedule 8, clause 23(1)(a)
Omit “AS 4282–1997Control”. Insert instead “AS/NZS 4282:2019, Control”.
[132] Schedule 8, clause 23(2)
Omit the subclause. Insert instead—
| (2) | Lighting at vehicle access points to the development must be provided in accordance with the following standards— | |
|
Introduction,
(ii) AS/NZS 1158.1.1:2005, Lighting for roads and public spaces, Part 1.1:
Vehicular traffic (Category V) lighting—Performance and design requirements,
(iii) AS/NZS 1158.1.2:2010, Lighting for roads and public spaces, Part 1.2:
Vehicular traffic (Category V) lighting—Guide to design, installation, operation and maintenance,
(iv) AS/NZS 1158.2:2020, Lighting for roads and public spaces, Part 2:
Computer procedures for the calculation of light technical parameters for Category V and Category P lighting,
(v) AS/NZS 1158.3.1:2020, Lighting for roads and public spaces, Part 3.1:
Pedestrian area (Category P) lighting—Performance and design requirements,
(vi) AS/NZS 1158.4:2015, Lighting for roads and public spaces, Part 4:
Lighting of pedestrian crossings,
(vii) AS/NZS 1158.5:2014, Lighting for roads and public spaces, Part 5:
Tunnels and underpasses.
[133] Schedule 9 Conditions applying to complying development certificates under the
Demolition Code
Insert after clause 9—
|
Fill brought to the work site must contain only virgin excavated natural material as defined in Schedule 1, Part 3 of the Protection of the Environment
Operations Act 1997.
| 9B | Contamination discovered during works | |
|
1997—
State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment
(Miscellaneous) 2021 [NSW]
Schedule 1 Amendment of State Environmental Planning Policy (Exempt and Complying Development
Codes) 2008
| (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 the land is contaminated. |
| Note— Depending on the nature and level of the contamination, remediation of the | |
| land may be required before further work can continue. |
[134] Schedule 9, clause 10, heading
Omit “excavation”. Insert instead “works”.
[135] Schedule 10, clauses 11 and 12, headings
Omit “excavation” wherever occurring. Insert instead “works”.
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