Part 2 Exempt Development Codes
Note 1. Schedule 2 contains the variations to this code.
Note 2. A person may carry out development specified in this code without obtaining development consent from a consent authority if the person complies with the development standards that apply to the development (which includes the deemed-to-satisfy provisions of the Building Code of Australia).In addition to the requirements specified for development under this code, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to development in this code may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993, the Swimming Pools Act 1992 and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.
Division 1 General Exempt Development Code
The construction or installation of an access ramp is development specified for this code.
The standards specified for that development are that the development must:(a) be not more than 1m above ground level (existing), and(b) be located at least 450mm from each side boundary and the rear boundary, and(c) not interfere with the functioning of existing drainage fixtures or the natural surface flow of water, and(d) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and(e) if it is constructed or installed on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.Note. See AS 1428.1—2009, Design for access and mobility—General requirements for access—New building work and the Disability (Access to Premises—Buildings) Standards 2010 under the Disability Discrimination Act 1992 of the Commonwealth which specifies the design requirements for new building work to provide access for people with disabilities.
Subdivision 2 Aerials and antennae
The construction or installation of an aerial or antenna, including a microwave antennae, is development specified for this code if:(a) it is only for the purpose of receiving television or radio signals or for use in connection with community band or two-way radio (or any combination of these uses), and(b) it is not constructed or installed on or in a heritage item or a draft heritage item.Note. See separate entry for communication dishes.
(1) The standards specified for that development are that the development must:(a) (Repealed)(b) be located at least 900mm from each lot boundary, and(c) if it is roof mounted—be not higher than 1.8m above the highest point of the roof, and(d) if it is not roof mounted:(i) be not higher than 1.8m above the highest point of the roof of any dwelling, bulky goods premises, commercial premises, premises used for light industry or warehouse or distribution centre located on the lot, and(ii) if it is not on land in Zone RU1, RU2, RU3 or RU4—be located in the rear yard.(2) There must be not more than 1 development:(a) per lot if there is a dwelling on the lot, or(b) per lot or per each separate occupation of premises on the lot, whichever is the greater, in any other case.Note. There are other existing legislative requirements relating to the clearance of power lines and Obstacle Limitation Surfaces near airport flight paths.
Subdivision 3 Air-conditioning units
The construction or installation of an air-conditioning unit is development specified for this code.Note. For evaporative cooling units see clause 2.30A.
(1) The standards specified for that development, if for domestic purposes only, are that the development must:(a) not be located on the wall or roof of a building that faces the primary road, or forward of the building line to the primary road, and(b) be located at least 450mm from each lot boundary, and(c) subject to paragraph (g), be attached to the external wall of a building or ground mounted, and(d) be not higher than 1.8m above ground level (existing), and(e) not involve work that reduces the structural integrity of the building, and(f) not reduce the existing fire resistance level of a wall, and(f1) be designed so as not to operate:(i) during peak time—at a noise level that exceeds 5 dB(A) above the ambient background noise level measured at any property boundary, or(ii) during off peak time—at a noise level that is audible in habitable rooms of adjoining residences, and(g) if it is constructed or installed on or in a heritage item or a draft heritage item—not be wall mounted, and(h) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.(1A) The standards specified for that development, if for purposes other than domestic purposes only, are that the development must:(a) not be located on the wall or roof of a building that faces the primary road, or forward of the building line to the primary road, and(b) not be built into any external wall unless the development is more than 3m from each side and rear boundary and 6m from any other building on the lot, and(c) not involve work that reduces the structural integrity of the building, and(d) not reduce the existing fire resistance level of a wall or roof, and(d1) be designed so as not to operate:(i) during peak time—at a noise level that is more than 5 dB(A) above the ambient background noise level measured at any property boundary, or(ii) during off peak time—at a noise level that is audible in habitable rooms of adjoining residences, and(e) if it is constructed or installed on or in a heritage item or draft heritage item—not be wall mounted, and(f) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located behind the building line of any road frontage.(2) Any opening created by the construction or installation of the development must be adequately waterproofed.Note. For further information about noise control see the Noise Guide for Local Government (ISBN 978 1 74232 942 0) published by the Department of Environment, Climate Change and Water NSW in October 2010.
Subdivision 3A Animal shelters
The construction or installation of an animal shelter is development specified for this code if it is not constructed or installed on land in a foreshore area.
(1) The standards specified for that development, when it is not a stable for the keeping of horses in Zone RU1, RU2, RU3 or RU4, are that the development must:(a) be for domestic purposes only, and(b) not have a floor area of more than 10m2, and(c) be not higher than 1.8m above ground level (existing), and(d) if it is not on land in Zone RU1, RU2, RU3 or RU4—be located behind the building line of any road frontage, and(e) be located at least 450mm from each side and rear boundary, and(f) if roofed—be constructed or installed so that roofwater is disposed of into an existing stormwater drainage system, and(g) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials and have an impervious floor, and(h) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and(i) if it is constructed or installed on or in a heritage item or a draft heritage item, or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.(2) There must not be more than 2 developments per lot for development referred to in subclause (1).(3) The standards specified for that development when it is a stable for the keeping of horses in Zone RU1, RU2, RU3 or RU4 are that the development must:(a) be for domestic purposes only, and(b) not have a floor area of more than 50m2, and(c) be not higher than 3m above ground level (existing), and(d) be located at least 20m from any road boundary and 5m from every other lot boundary, and(e) be located at least 30m from any dwelling on an adjoining lot, and(f) if roofed—be constructed or installed so that roof water is disposed of on site, without causing a nuisance to adjoining owners, and(g) if it is in Zone RU4 and to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and(h) have an impervious floor, and(i) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material.(4) There must not be more than 1 development per lot for development referred to in subclause (3).
Subdivision 3B Automatic teller machines
The construction or installation of an automatic teller machine is development specified for this code.
The standards specified for that development are that the development must be located inside, and only be accessible from within, existing bulky goods premises or commercial premises.
The construction or installation of an aviary is development specified for this code if it is not constructed or installed on land in a foreshore area.
(1) The standards specified for that development are that the development must:(a) be for domestic purposes only, and(b) not have a floor area of more than:(i) in a rural zone—30m2, or(ii) in any other zone—10m2, and(c) be not higher than:(i) in a rural zone—3m above ground level (existing), or(ii) in any other zone—2.4m above ground level (existing), and(d) be located:(i) in a rural zone—at least 20m from the road boundary and 5m from each other lot boundary, or(ii) in any other zone—in the rear yard and at least 900mm from each side and rear boundary, and(e) (Repealed)(f) have an impervious floor, and(g) be constructed or installed so that roofwater is disposed of without causing a nuisance to adjoining owners, and(g1) if it is located in a residential zone and to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and(h) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material.(2) There must not be more than 2 developments per lot.Note. For fowl and poultry houses see clause 2.41.
Subdivision 5 Awnings, blinds and canopies
The construction or installation of an awning, blind (including a storm blind, security blind or sun blind), canopy or similar structure over a window or door opening is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item.Note. See separate entry for shade structures.
The standards specified for that development are that the development must:(a) not have an area more than 10m2, and(b) not project beyond the external wall of the building by more than 2m, and(b1) be at least 450mm from each side and rear boundary when fully extended, and(c) if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and(d) if it is located on bush fire prone land—be constructed of non-combustible material, and(d1) if it is constructed or installed on or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and(e) not be used for advertising.
Subdivision 6 Balconies, decks, patios, pergolas, terraces and verandahs
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) is development specified for this code 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.
The standards specified for that development are that the development must:(a) be for domestic purposes only, and(b) have an area of not more than 25m2, and(c) not cause the total floor area of all such structures on the lot to be more than:(i) for a lot larger than 300m2—15% of the ground floor area of the dwelling on the lot, or(ii) for a lot 300m2 or less—25m2, and(d) not have an enclosing wall higher than 1.4m, and(e) be located behind the building line of any road frontage, and(f) be located at least 900mm from each lot boundary, and(g) (Repealed)(h) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and(i) have a floor height not more than 1m above ground level (existing), and(j) if it is a roofed structure attached to a dwelling—not extend above the roof gutter line of the dwelling, and(j1) be no higher than 3m at its highest point above ground level (existing), and(k) if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and(l) be constructed or installed so that any roofwater is disposed of into an existing stormwater drainage system, and(m) not interfere with the functioning of existing drainage fixtures or flow paths, and(n) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and(o) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located behind the building line of any road frontage.
Subdivision 7 Barbecues and other outdoor cooking structures
The construction or installation of a barbecue or other outdoor cooking structure is development specified for this code.
The standards specified for that development are that the development must:(a) not have an area of more than 4m2, and(b) be not higher than 1.8m above ground level (existing), and(c) if it is not on land in Zone RU1, RU2, RU3 or RU4—be located behind the building line of any road frontage, and(d) be located at least 450mm from each lot boundary, and(e) not be used for commercial purposes.
2.15, 2.16(Repealed)
The construction or installation of a bollard is development specified for this code.
The standards specified for that development are that the development must:(a) be not higher than 1.4m above ground level (existing), and(b) not have a diameter of more than 600mm, and(c) be associated with any of the following development:(i) bulky goods premises,(ii) commercial premises,(iii) premises used for light industry,(iv) warehouse or distribution centre, and(d) not reduce any existing means of entry to, or exit from, any such associated development or the lot on which it is situated.
Subdivision 9 Cabanas, cubby houses, ferneries, garden sheds, gazebos and greenhouses
The construction or installation of a cabana, cubby house, fernery, garden shed, gazebo or greenhouse is development specified for this code 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.
(1) The standards specified for that development are that the development must:(a) (Repealed)(b) not have a floor area of more than:(i) on land in Zone RU1, RU2, RU3, RU4 or R5—50m2, or(ii) on land in any other zone—20m2, and(c) be not higher than 3m above ground level (existing), and(d) be located at least 900mm from each lot boundary, and(e) if it is not on land in Zone RU1, RU2, RU3 or RU4—be located behind the building line of any road frontage, and(f) not be a shipping container, and(g) be constructed or installed so that roofwater is disposed of without causing a nuisance to adjoining owners, and(h) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials if it is located on land in a residential zone, and(i) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and(j) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and(k) if it is located adjacent to another building—be located so that it does not interfere with the entry to, or exit from, or the fire safety measures contained within, that building.(2) There must not be more than 2 developments per lot.
The construction or installation of a carport is development specified for this code 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.
(1) The standards specified for that development are that the development must:(a) not result in a building classified under the Building Code of Australia as class 7a, and(b) not have a floor area more than:(i) for a lot larger than 300m2 in a rural zone or Zone R5—50m2, or(ii) for a lot larger than 300m2 in a zone other than a rural zone or Zone R5—25m2, or(iii) for a lot 300m2 or less in any zone—20m2, and(c) be not higher than 3m above ground level (existing) or, if attached to an existing single storey dwelling, be not higher than the roof gutter line, and(d) be located at least 1m behind the building line of any road frontage, and(e) be located at least 900mm from each lot boundary, and(f) have 2 or more sides open and not less than one-third of its perimeter open, and(g) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and(h) not involve the construction of a new driveway or gutter crossing unless the consent of the relevant road authority for each opening of a public road required for the development has been obtained under the Roads Act 1993, and(i) be constructed or installed so that any roofwater is disposed of into the existing stormwater drainage system, and(j) if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and(k) be located at least 1m from any registered easement, sewer main or water main, and(l) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and(m) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and(n) be located so that it does not reduce vehicular access to, or parking or loading or unloading on, or from, the lot.(2) The roof of the development must be located at least 500mm from each lot boundary.(3) There must not be more than 1 development:(a) per lot if there is a dwelling on the lot, or(b) per lot or per each separate occupation of premises on the lot, whichever is the greater, in any other case.
Subdivision 10A Change of use of premises
A change from a current use to a new use that is a change from:(a) a type of business premises to another type of business premises, or(b) business premises to office premises, or(c) a type of office premises to another type of office premises, or(d) office premises to business premises, or(e) a type of retail premises to another type of retail premises, or(f) a bulky goods premises to another bulky goods premises, or(g) a light industry to another light industry, or(h) a warehouse or distribution centre to another warehouse or distribution centre, or(i) a light industry to a warehouse or distribution centre, or(j) a warehouse or distribution centre to a light industry, or(k) a community or recreation use to another community or recreation use,is development specified for this code.
The standards specified for that development are that:(a) the current use must be a lawful use, and(b) the current use must not be an existing use within the meaning of section 106 of the Act, and(c) the new use must be permissible in the land use zone in which it is carried out, and(d) the new use must not result in a change of building use under the Building Code of Australia, and(e) the new use must not be carried out at premises that are a manufactured home, moveable dwelling or associated structure, temporary structure, tent, swimming pool, ship or vessel, and(f) the new use must not be any of the following:(i) food and drink premises,(ii) a funeral chapel,(iii) a funeral home,(iv) retail premises where firearms within the meaning of the Firearms Act 1996 are sold,(v) landscape and garden supplies,(vi) a market,(vii) premises that are a beauty salon or hair dressing salon,(viii) premises where a skin penetration procedure within the meaning of section 51 of the Public Health Act 1991 is carried out,(ix) restricted premises,(x) a roadside stall,(xi) sex services premises,(xii) vehicle sales or hire premises, and(g) the new use must not involve building alterations, other than alterations that are exempt development under this Policy, and(h) the new use must not result in an increase in the gross floor area of any building within which it is carried out, and(i) the new use must not cause the contravention of any existing condition of a development consent that applies to the premises relating to hours of operation, car parking, vehicular movement, traffic generation, landscaping or waste management.Note. Development consent is defined in section 4 of the Act to include a complying development certificate.
Subdivision 11 Clothes hoists and clothes lines
The construction or installation of a clothes hoist or clothes line is development specified for this code if it is not constructed or installed on land in a foreshore area.
The standards specified for that development are that the development must:(a) be located behind the building line of any road frontage, and(b) if it is constructed or installed on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.
Subdivision 12 Communications dishes (radio and satellite)
The construction or installation of a radio or satellite communications dish is development specified for this code if:(a) it is only for the purpose of receiving television or radio signals (or both), and(b) it is not constructed or installed on or in a heritage item or a draft heritage item.
(1) The standards specified for that development are that the development must:(a) (Repealed)(b) if it is roof mounted:(i) not have a diameter of more than 900mm, and(ii) be not higher than 1.8m above the highest point of the roof of the dwelling on the lot, and(c) if it is ground mounted:(i) not have a diameter of more than 1.8m, and(ii) be not higher than 1.8m above ground level (existing), and(iii) be located in the rear yard, and(iv) be located at least 900mm from each lot boundary.(1A) If the development is in a heritage conservation area or a draft heritage conservation area, it must be located in the rear yard and must not be visible from a public road.(2) There must not be more than 1 development:(a) per lot if there is a dwelling on the lot, or(b) per lot or per each separate occupation of premises on the lot, whichever is the greater, in any other case.
Demolition of development that would be exempt development under this code if it were being constructed or installed is development specified for this code if it is not carried out on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area.
The standards specified for that development are that the development must be carried out in accordance with AS 2601—2001, The demolition of structures.Note. A building constructed before 1987 may contain asbestos. Businesses are licensed to undertake asbestos removal work under the Occupational Health and Safety Regulation 2001 (refer to Working with Asbestos: Guide 2008 (ISBN 0 7310 5159 9) published by the WorkCover Authority). If the work is not undertaken by a licensed contractor it should still be undertaken in a manner that minimises risks (refer to Fibro & Asbestos—A Renovator and Homeowner’s Guide at http://more.nsw.gov.au). Information on the removal and disposal of asbestos to landfill sites licensed to accept this waste is available from the Department of Environment, Climate Change and Water.
The construction or installation of a driveway associated with access to an open hard stand space, a carport or garage is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item in a heritage conservation area or a draft heritage conservation area or on land in a foreshore area.
The standards specified for that development are that the development must:(a) be for domestic purposes only, and(b) be constructed so that any surface water is disposed of without causing a nuisance to adjoining owners, and(c) not require cut or fill more than 600mm below or above ground level (existing), and(d) not be wider than the open hard stand space, carport or garage with which it is associated, and(e) be constructed in accordance with AS 2890.1—1993, Parking facilities—Off-street car parking, and(f) be constructed in accordance with the relevant road authority’s policy and specifications on vehicle and driveway crossings, and(g) have the consent of the relevant road authority under the Roads Act 1993 for each opening of a public road required for the development.
Subdivision 15 Earthworks and retaining walls
Earthworks and the construction or installation of a retaining wall is development specified for this code if it is not carried out, constructed or installed on or in a heritage item or a draft heritage item or on a flood control lot.
The standards specified for that development are that the development must:(a) be for domestic purposes only, and(b) be located at least 900mm from each lot boundary, and(c) if a retaining wall:(i) be not higher than 600mm (including the height of any batters) above ground level (existing), and(ii) if it is on a sloping site and stepped to accommodate the fall in the land—be not higher than 800mm above ground level (existing) at each step, and(iii) have adequate drainage lines behind it, and(d) not require cut or fill more than 600mm below or above ground level (existing), and(e) not redirect the flow of surface water onto an adjoining property, and(f) cause surface water to be disposed of without causing a nuisance to adjoining owners, and(g) be located at least 1m from any registered easement, sewer main or water main, and(h) if the fill is more than 150mm deep—not occupy more than 50% of the landscaped area, and(h1) if the fill is imported to the site—only contain natural materials and must be free of building and other demolition waste, and(i) if it is carried out, constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and(j) be located at least 50m from a waterbody (natural).
Subdivision 15AA Emergency work and temporary repairs
The temporary repair of any damage to a building or structure caused by an event that constitutes a significant and widespread danger to life or property in any zone in an area declared by an order under section 33 of the State Emergency and Rescue Management Act 1989 to be an area where a state of emergency exists is development specified for this code.
The standards specified for that development are that the development must:(a) be carried out within 6 months of the declaration being made, and(b) not change the configuration of the floor space of the building or structure being repaired, and(c) not increase the floor space of the building or structure being repaired, and(d) be to make the building or structure weatherproof and, if a dwelling, suitable for habitation.
Subdivision 15A Evaporative cooling units (roof mounted)
(1) The construction or installation of a roof mounted evaporative cooling unit on land in Climate Zone 4 is development specified for this code if it is not carried out on or in a heritage item or a draft heritage item.(2) For the purposes of this clause, land is in Climate Zone 4 if it is within an area identified as Zone 4 of the Climate Zones for Thermal Design in the Building Code of Australia.Note. For air-conditioning units see clause 2.5.
The standards specified for that development are that the development must:(a) be for domestic purposes only, and(b) be located at least 3m from each side boundary, and(c) be not higher than 1.8m above the highest point of the roof of the building on which it is mounted, and(d) be constructed or installed so that any opening created is adequately weather proofed, and(e) not involve work that reduces the structural integrity of the building, and(e1) be designed so as not to operate:(i) during peak time—at a noise level that is more than 5 dB(A) above the ambient background noise level measured at any property boundary, or(ii) during off peak time—at a noise level that is audible in habitable rooms of adjoining residences, and(f) if it is located on bush fire prone land—be constructed of non-combustible material and be adequately sealed or protected to prevent the entry of embers, and(g) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard and must not be visible from a public road.Note. For further information about noise control see the Noise Guide for Local Government (ISBN 978 1 74232 942 0) published by the Department of Environment, Climate Change and Water NSW in October 2010.
Subdivision 16 Farm buildings and structures
The construction or installation of a farm building or other structure used for the purpose of an agricultural activity is development specified for this code if it is:(a) constructed or installed on land in Zone RU1, RU2, RU3 or RU4, and(b) not constructed or installed on or in a heritage item or a draft heritage item.
(1) The standards specified for that development are that the development must:(a) be not higher than 7m above ground level (existing), and(b) not have an area of more than:(i) if it is a stockyard—0.5ha, or(ii) if it is any other building or structure—200m2, and(c) be located at least 20m from the primary road frontage of the lot and at least 10m from the other lot boundaries, and(d) not be constructed or installed within 50m of a dwelling on an adjoining property, and(e) be located at least 50m from a waterbody (natural), and(f) to the extent it is comprised of metal components—be designed by, and constructed in accordance with the specifications of, a professional engineer, and(g) to the extent it is a silo—not be fitted with a motorised fan for aeration or drying purposes.(2) If the development is a shipping container, there must not be more than 1 shipping container per lot.
Subdivision 17 Fences (non rural)—behind the building line
The construction or installation of a fence or gate behind the building line of the primary road frontage is development specified for this code if it is:(a) constructed or installed on land in any zone other than Zone RU1, RU2, RU3 or RU4, and(b) not constructed or installed on or in, or adjacent to, a heritage item or a draft heritage item, and(c) not constructed or installed on a flood control lot, and(d) not constructed or installed on land in a foreshore area.Note. If the fence is a dividing fence, the Dividing Fences Act 1991 also applies.
(1) The standards specified for that development are that the development must:(a) if it is constructed of timber, metal or light weight materials—be not higher than 1.8m above ground level (existing), and(b) if it is constructed of masonry materials or chain wire—not be higher than:(i) 1m above ground level (existing), if for domestic purposes only, or(ii) 1.8m above ground level (existing), in any other case, and(b1) if it is a boundary fence on land in Zone R5—be constructed using post and wire or post and rail, and(c) if it is constructed of metal components—be of low reflective, factory pre-coloured materials, and(d) not be an electrical fence or use barbed wire, and(e) if it is on a sloping site and stepped to accommodate the fall in the land—be not higher than 2.2m above ground level (existing) at each step, and(f) not redirect the flow of surface water onto an adjoining property, and(g) if it is located in core Koala habitat, key Koala habitat or a Koala movement corridor—be constructed or installed in accordance with any relevant council policy, and(h) if it is located on bush fire prone land—be constructed of non-combustible material or hardwood.(2) If the development is constructed or installed on a secondary road frontage, it may be constructed up to a point that is level with the building line for the primary road frontage.
Subdivision 18 Fences (non rural)—forward of the building line
The construction or installation of a fence or gate forward of the building line for the primary road frontage is development specified for this code if it is:(a) constructed or installed on land in any zone other than Zone RU1, RU2, RU3 or RU4, and(b) not constructed or installed on or in, or adjacent to, a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area, and(c) not constructed or installed on a flood control lot.Note. If the fence is a dividing fence, the Dividing Fences Act 1991 also applies.
The standards specified for that development are that the development must:(a) be not higher than 1.2m above ground level (existing), and(b) be an open style incorporating pickets, slats, palings or the like or lattice style panels with a minimum aperture of 25mm, and(c) not be solid metal panels or chain wire fencing, and(d) not be an electrical fence or use barbed wire, and(e) if it is on a sloping site and stepped to accommodate the fall in the land—be not higher than 1.5m above ground level (existing) at each step, and(f) not redirect the flow of surface water onto an adjoining property, and(g) if it is an entrance gate—not swing open over council property, and(h) if it is located in core Koala habitat, key Koala habitat or a Koala movement corridor—be constructed or installed in accordance with any relevant council policy, and(i) if it is located on bush fire prone land—be constructed of non-combustible material or hardwood.
The construction or installation of a fence or gate is development specified for this code if it is:(a) constructed or installed on land in Zone RU1, RU2, RU3 or RU4, and(b) not constructed or installed on or in, or adjacent to, a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area.(c) (Repealed)Note. If the fence is a dividing fence, the Dividing Fences Act 1991 also applies.
The standards specified for that development are that the development must:(a) be not higher than 1.8m above ground level (existing), and(b) subject to paragraph (d), be constructed using post and wire or post and rail, and(c) if it is electrical fencing—be constructed in accordance with AS/NZS 3014:2003, Electrical installations—electric fences, and(d) if any part of it is a masonry decorative feature associated with an entrance gate on a boundary that has a frontage to a public road—not extend more than 3m from either side of the gate, and(e) if it is on a sloping site and stepped to accommodate the fall in the land—be not higher than 2.2m above ground level (existing) at each step, and(f) not redirect the flow of surface water onto an adjoining property, and(g) if it is constructed or installed on a flood control lot—not redirect or interrupt the flow of surface water on that lot.
Filming is development specified for this code.
(1) The standards specified for that development are as follows:(a) the development may only be carried out on land:(i) on which there is a heritage item, or(ii) within a heritage conservation area, or(iii) identified as an environmentally sensitive area,if the filming does not involve or result in any of the following:(iv) any changes or additions that are not merely superficial and temporary to any part of a heritage item, a heritage conservation area or an environmentally sensitive area,(v) the mounting or fixing of any object or article on any part of such an item or area (including any building or structure),(vi) the movement, parking or standing of any vehicle or equipment on or over any part of such an item or area that is not specifically designed for the movement, parking or standing of a vehicle or equipment on or over it,(vii) any changes to the vegetation on, or level of, such an item or area or any changes to any other natural or physical feature of the item or area,(b) the development must not create significant interference with the neighbourhood,(c) the person carrying out the filming must obtain a policy of insurance that adequately covers the public liability of the person in respect of the filming for an amount of not less than $10,000,000,(d) if the filming is carried out on private land, the filming must not be carried out for more than 30 days within a 12-month period at the particular location,(e) a filming management plan must be prepared and lodged with the consent authority for the location at least 5 days before the commencement of filming at the location. The plan must contain the following information and be accompanied by the following documents (without limiting the information or documents that may be submitted):(i) the name, address and telephone number of the person carrying out the filming (such as a production company) and of the producer for the filming,(ii) a brief description of the filming to be carried out (for example, a television commercial, a television series, a feature film or a documentary),(iii) the proposed location of the filming,(iv) the proposed commencement and completion dates for the filming at the location,(v) the proposed daily length of filming at the location,(vi) the number of persons to be involved in the filming,(vii) details of any temporary structures (for example, tents or marquees) to be erected or used at the location for the purposes of the filming,(viii) the type of filming equipment to be used in the filming (such as a hand-held or mounted camera),(ix) proposed arrangements for parking vehicles associated with the filming during the filming,(x) whether there will be any disruption to the location of the filming or the surrounding area and the amenity of the neighbourhood (for example, by the discharge of firearms or explosives, the production of offensive noise, vibrations, disruption to traffic flow or the release of smells, fumes, vapour, steam, soot, ash, dust, waste water, grit or oil),(xi) whether the filming will involve the use of outdoor lighting or any other special effects equipment,(xii) a copy of the public liability insurance policy that covers the filming at the location,(xiii) a copy of any approval given by a public or local authority to carry out an activity associated with the proposed filming at the location, such as the following:(A) an approval by the Roads and Traffic Authority for the closure of a road,(B) an approval by the Council for the erection or use of a temporary structure, closure of a road or a public footpath, or a restriction in pedestrian access,(C) an approval by the Environment Protection Authority for an open fire,(D) an approval by the NSW Police Force for the discharge of firearms,(E) an approval by the Land and Property Management Authority for the use of Crown land,(xiv) details of any temporary alteration or addition to any building or work at the location for the purposes of the filming,(f) the person carrying out the filming must, at least 5 days before the commencement of filming at the particular location, give notice in writing (by way of a letter-box drop) of the filming to residents within a 50m radius of the location. The notice must contain the following information:(i) the name and telephone number of the person carrying out the filming (such as a production company) and of a contact representative of that person,(ii) a brief description of the filming to be carried out at the location, and any proposed disruptions to the location or the surrounding area or the amenity of the neighbourhood,(iii) the proposed commencement and completion dates for the filming at the location,(iv) the proposed daily length of filming at the location.
The construction or installation of a free-standing flagpole is development specified for this code.
(1) The standards specified for that development are that the development must:(a) be not higher than 6m above ground level (existing), and(b) not have a diameter of more than 90mm, and(c) be located at least 3m from each side and rear boundary.(2) There must not be more than 1 development per lot.(3) Any flag flown from the development must not have an area of more than 2.5m2 and must not be used for advertising.
Subdivision 21 Fowl and poultry houses
The construction or installation of a fowl or poultry house is development specified for this code if it is:(a) constructed or installed on land in a residential or rural zone, and(b) not constructed or installed on or in a heritage item or a draft heritage item, and(c) not constructed or installed on land in a foreshore area.
(1) The standards specified for that development are that the development must:(a) if the development is constructed or installed on land in Zone R1, R2, R3, R4, R5 or RU5:(i) be not higher than 3m above ground level (existing), and(ii) not have a floor area of more than 15m2, and(iii) be located in the rear yard, and(iv) not house more than 10 fowls or poultry, and(b) if the development is constructed or installed on land in Zone RU1, RU2, RU3 or RU4:(i) be not higher than 7m above ground level (existing), and(ii) not have a floor area of more than 50m2, and(c) be located at least 3m from each lot boundary, and(d) if it houses fowls (including guinea fowls) only—be located at least 4.5m from any dwelling, public hall, school or premises used for the manufacture, preparation, sale or storage of food, and(e) if it houses other types of poultry—be located at least 30m from any dwelling, public hall, school or premises used for the manufacture, preparation, sale or storage of food, and(f) be enclosed to prevent the escape of poultry, and(g) be constructed or installed so that roofwater is disposed of without causing a nuisance to adjoining owners, and(h) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials if it is located on land in a residential zone, and(i) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and(j) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.(2) There must not be more than 1 development per lot.
Subdivision 21AA Fuel tanks and gas storage
The construction or installation of an above ground fuel tank or gas storage facility for agricultural activity is development specified for this code if it is constructed or installed on a lot in a rural zone that is larger than 2ha.
The standards specified for that development are that the development must:(a) not have a capacity of more than:(i) for a fuel tank—5,000 L, or(ii) for a gas tank—1,000 L, and(b) be located at least 20m from the primary road frontage of the lot and at least 10m from each other lot boundary, and(c) be bunded with the capacity to contain at least 110% of the capacity of the tank, and(d) if a fuel tank—be constructed of prefabricated metal, be freestanding and installed in accordance with the requirements of AS 1940–2004, The storage and handling of flammable and combustible liquids, and(e) if a gas tank—be designed and constructed in accordance with the requirements of AS/NZS 1596:2008, The storage and handling of LP Gas by a professional engineer, and(f) not be used for advertising, and(g) be located at least 1m from any registered easement, sewer main or water main.Note. Other existing legislative requirements still apply in relation to work place health and safety issues.
Subdivision 21A Garbage bin storage enclosure
The construction or installation of a garbage bin storage enclosure is development specified for this code if it is not carried out on land in a foreshore area.
(1) The standards specified for that development are that the development must:(a) be for a dwelling house only, and(b) be located at least 1m behind the building line of any road frontage, and(c) be located at least 450mm from each side and rear boundary, and(d) if it is constructed of metal components—be of low reflective, factory pre-coloured materials, and(e) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and(f) if it is constructed or installed on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.(2) There must not be more than 1 development per lot.
Subdivision 21B Hard stand spaces
The construction or installation of a hard stand space, whether open or part of a carport, is development specified for this code if it is not carried out on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area or on land in a foreshore area.
(1) The standards specified for that development are that the development must:(a) be for domestic purposes only, and(b) be associated with a driveway, and(c) measure at least 2.6m wide by 5.4m long, and(d) have an area of not more than 20m2, and(e) be located at least 1m behind the building line of any road frontage, and(f) be located at least 900mm from each side or rear boundary, and(g) be constructed so that any surface water is disposed of without causing a nuisance to adjoining owners, and(h) not require cut or fill more than 600mm below or above ground level (existing), and(i) be constructed in accordance with AS 2890.1—1993, Parking facilities—Off-street car parking.(2) There must not be more than 1 development per lot.
Subdivision 22 Home businesses, home industries and home occupations
A home business, a home industry or a home occupation that does not involve the manufacture of food products or skin penetration procedures is development specified for this code.
The standards specified for this development are that the development must:(a) not involve a change of building use, and(b) if the development is on land to which a local environmental plan made under section 33A of the Act applies, comply with the applicable standards specified under clause 5.4 (2) and (3) of that plan.Note 1. The elements that must comprise this development are specified in the definition of home business, home industry or home occupation the Standard Instrument.Note 2. Under the Building Code of Australia, a change of building use involving a floor area greater than 10% of the floor area of a building would cause the building to contravene the development standard.
Subdivision 23 Home-based child care
Home-based child care is development specified for this code if it is not carried out on bush fire prone land.
No standards are specified for this development.Note. The elements that must comprise this type of development are specified in the definition for this development in the Standard Instrument. If all the elements are not present, the development is not development to which this Division applies.
Subdivision 23A Hot water systems
The construction or installation of a hot water heater or a hot water storage tank is development specified for this code.
The standards specified for that development are that the development must:(a) not be a solar hot water system, and(a1) if it uses a heat pump water heater, be designed so as not to operate:(i) during peak time—at a noise level that is more than 5 dB(A) above the ambient background noise level measured at any property boundary, or(ii) during off peak time—at a noise level that is audible in habitable rooms of adjoining residences, and(b) if constructed or installed externally and on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area:(i) not be located on a roof, and(ii) be located in the rear yard.
Note 1. See note relating to Solar Hot Water Systems.
Note 2. For further information about noise control in relation to heat pump water heaters, see the NSW Government’s Noise Guide for Local Government published in 2010 (ISBN 978 1 74232 942 0).
Subdivision 24 Landscaping structures
The construction or installation of a landscaping structure (including a garden arch), other than a retaining wall is development specified for this code 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.
The standards specified for that development are that the development must:(a) be not higher than 2.1m above ground level (existing), and(b) be not wider than 1.5m, and(c) be located at least 900mm from each lot boundary, and(d) not comprise masonry construction higher than 1m from ground level (existing), and(e) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.
The construction or installation of a letterbox, whether free standing or in banks, is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item.
(1) The standards specified for that development are that the development must:(a) be not higher than 1.2m above ground level (existing), and(b) be visible from the road alignment, and(c) have appropriate numbering that is visible from the road alignment.(2) (Repealed)
Subdivision 25A Maintenance of buildings in draft heritage conservation areas
The maintenance of a building in a draft heritage conservation area comprising only:(a) painting, plastering, cement rendering, or cladding, or(b) the repair or replacement of an external window, glazing areas or a door (other than those on bush fire prone land), or(c) the repair or replacement of a non-structural wall or roof cladding, or(d) the repair or replacement of a balustrade,is development specified for this code if it is not constructed or installed on or in, or in relation to, a heritage item or draft heritage item.
The standards specified for that development are that the development must:(a) reproduce the existing materials, finish and design of the building so as not to alter its appearance, and(b) not result in an increase of floor area or alter the layout of the building, and(c) not comprise the making of, or an alteration to the size of, any opening in a wall or roof, such as a doorway, window or skylight, and(d) not reduce the existing fire resistance level of a wall or roof, and(e) if located on bush fire prone land:(i) be adequately sealed or protected to prevent the entry of embers, and(ii) use equivalent or improved quality materials, and(f) not affect any existing fire resisting components of the building, and(g) not affect the means of egress from the building in an emergency.
Subdivision 26 Minor building alterations (internal)
(1) A minor internal building alteration for the replacement or renovation of:(a) a doorway, wall, ceiling or floor lining, or(b) a deteriorated frame member, including stairs and stairwells, or(c) a bathroom or kitchen, or(d) a built in fixture such as a vanity, a cupboard or a wardrobe, or(e) an existing sanitary fixture, such as a grease trap or the like, or(f) shelving or racking that is not higher than 2.7m, or(g) a work station or counter,is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item.(2) The installation of new or replacement insulation material in the ceiling, floor or wall of a building is development specified for this code.
The standards specified for that development are that the development must:(aa) not be an alteration to a food preparation area in food and drink premises, and(a) if it is the replacement or renovation of a deteriorated frame member—be of equivalent or improved quality materials, and(b) not include a change to the configuration of a room, whether by removal of an existing wall, partition or other means, and(c) not cause reduced window arrangements for light and ventilation needs, reduce the size of a doorway or involve the enclosure of an open area, and(d) not affect the load bearing capacity (whether vertical or horizontal) of a building, and(e) not include a change to the fire resisting components of, or interfere with the entry to, or exit from, or the fire safety measures contained within, a building, and(f) if it is the installation of new or replacement insulation material in a dwelling, it must be in accordance with Part 3.12.1 of the Building Code of Australia.
Subdivision 27 Minor building alterations (external)
A minor external non-structural building alteration, such as the following:(a) painting, plastering, cement rendering, cladding, attaching fittings or decorative work,(b) the replacement of an external window, glazing areas or a door (other than those on bush fire prone land),(c) the repair to or replacement of a non-structural wall or roof cladding,(d) the installation of a security screen or grill to a door or window or a security door,(e) the repair to or replacement of a balustrade,(f) restumping or repairing structure foundations without increasing the height of the structure,is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area.
The standards specified for that development are that the development must:(a) not comprise the making of, or an alteration to the size of, any opening in a wall or roof, such as a doorway, window or skylight, and(b) not reduce the existing fire resistance level of a wall or roof, and(c) if located on bush fire prone land:(i) be adequately sealed or protected to prevent the entry of embers, and(ii) use equivalent or improved quality materials, and(d) not affect any existing fire resisting components of the building, and(e) not affect the means of egress from the building in an emergency, and(f) if it is the installation of a security screen or grill to a door or window or a security door—be for domestic purposes only.Note. See separate entry for skylights.
Subdivision 28 Pathways and paving
The construction or installation of a pathway or paving associated with a balcony, deck, patio, pergola, terrace or verandah is development specified for this code.
The standards specified for that development are that the development must:(a) be for domestic purposes only, and(b) be constructed so that any surface water is disposed of without causing a nuisance to adjoining owners, and(c) not require cut or fill more than 600mm below or above ground level (existing), and(d) not have an area more than 15% of the floor area of the associated development.
Subdivision 29 Playground equipment
The construction or installation of playground equipment is development specified for this code.
The standards specified for that development are that the development must:(a) be for domestic purposes only, and(b) be not higher than 2.5m above ground level (existing), and(b1) be located at least 450mm from each side and rear boundary, and(c) if it is not on land in Zone RU1, RU2, RU3 or RU4—be located in the rear yard, and(d) be located at least 1m from any registered easement, sewer main or water main.
Subdivision 30 Portable swimming pools and spas and child-resistant barriers
The construction or installation of a portable swimming pool or spa or a child-resistant barrier that is required under the Swimming Pools Act 1992 is development specified for this code 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.
(1) The standards specified for that development, if it is the construction or installation of a portable swimming pool or spa, are that the development must:(a1) be for domestic purposes only, and(a) be located in the rear yard, and(b) be located at least 1m from each lot boundary, and(c) not exceed 2,000 L in capacity, and(d) not require structural work for installation, and(e) not impact on the structural stability of any building.(2) A child-resistant barrier must be constructed or installed in accordance with the requirements of the Swimming Pools Act 1992.
Subdivision 31 Privacy screens
The construction or installation of a privacy screen that is not attached to a boundary fence or retaining wall is development specified for this code if it is not constructed or installed on land in a foreshore area.
The standards specified for that development are that the development must:(a) be not higher than 2.5m above ground level (existing), and(b) be not longer than 5m, and(c) be located at least 900mm from each lot boundary, and(d) be located in the rear yard.(e) (Repealed)
Subdivision 32 Rainwater tanks (above ground)
The construction or installation of a rainwater tank above ground is development specified for this code if it is not constructed or installed on land in a foreshore area.
(1) The standards specified for that development are that the development must:(a) if it is on land other than land in Zone RU1, RU2, RU3, RU4, R5, E2, E3 or E4:(i) for an educational establishment—not have a capacity of more than 25,000 L, and(ii) in any other case—not have a capacity more than 10,000 L, and(iii) be located at least 450mm from each lot boundary, if the tank has a height of more than 1.8m above ground level (existing), and(b) if it is on land in Zone RU1, RU2, RU3, RU4, R5, E2, E3 or E4—be located at least 10m from each lot boundary, and(c) be located behind the building line of any road frontage, and(d) not rest on the footings of an existing building for support, and(e) not require cut and fill of more than 1m below or above ground level (existing), and(f) be fitted with a first-flush device that causes initial run-off rainwater to bypass the tank, and(g) have a sign affixed to it stating the water in it is rainwater, and(h) be constructed or installed to prevent mosquitoes breeding in it, and(i) have its overflow connected to an existing stormwater drainage system that does not discharge to an adjoining property, or cause a nuisance to adjoining owners, and(j) (Repealed)(k) if it is constructed or installed on or in a heritage item or a draft heritage item—be located in the rear yard.(2) Pumps attached to the development must be housed in a soundproof enclosure.(3) If reticulated water is provided to the lot, the development must not be interconnected with any system supplying drinking water to the lot unless it complies with the relevant water authority’s requirements.(4) In this clause:educational establishment means a building or place used for education (including teaching) and includes a pre-school, a school, a tertiary institution that provides formal education (such as a university or TAFE establishment) and an art gallery or museum that is not used to sell the items displayed in it (whether or not the building or place is also used for accommodation for staff or students).
Subdivision 33 Rainwater tanks (below ground)
The construction or installation of a rainwater tank below ground is development specified for this code if:(a) it is constructed or installed on land in Zone RU1, RU2, RU3, RU4 or R5, and(b) it is not constructed or installed on land that is identified on an Acid Sulfate Map as being Class 1–5.
(1) The standards specified for that development are that the development must:(a) be fitted with a first-flush device that causes initial run-off rainwater to bypass the tank, and(b) have a sign affixed to it stating the water in it is rainwater, and(c) be constructed or installed to prevent mosquitoes breeding in it, and(d) have its overflow connected to an existing stormwater drainage system that does not discharge to an adjoining property, or cause a nuisance to adjoining owners, and(e) if it is constructed or installed on or in a heritage item or a draft heritage item—be located in the rear yard.(2) Pumps attached to the development must be housed in a soundproof enclosure.(3) If reticulated water is provided to the lot, the development must not be interconnected with any system supplying drinking water to the lot unless it complies with the relevant water authority’s requirements.
Subdivision 34 Scaffolding, hoardings and temporary construction site fences
The construction, installation and removal of a scaffold, hoarding or temporary construction site fence that is used in connection with development that is exempt development or complying development is development specified for this code.
The standards specified for that development are that the development must:(a) enclose the works area, and(b) if it is a temporary construction site fence adjoining, or on, a public place—be covered in chain wire mesh, and(c) be removed immediately after the purpose for which it was erected has finished and no safety issue will arise from its removal.Note 1. A structure on public land or on or over a public road requires the prior approval of the relevant authority under the Local Government Act 1993 or the Roads Act 1993, respectively.Note 2. The Occupational Health and Safety Act 2000 and Occupational Health and Safety Regulation 2001 contain provisions relating to scaffolds, hoardings and other temporary structures.
Subdivision 35 Screen enclosures (of balconies, decks, patios, pergolas, terraces and verandahs)
The construction or installation of a screen by attaching it to a balcony, deck, patio, pergola, terrace or verandah of a dwelling is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item.
The standards specified for that development are that the development must:(a) not have a solid enclosing wall higher than 1.4m above the floor level of the structure it is enclosing, and(b) if it encloses a structure attached to the ground level of a single storey dwelling or the upper level of a two storey dwelling—not be higher than the roof gutter line, and(c) if it encloses a structure attached to the ground level of a two storey dwelling—not be higher than 3m above the floor level of the structure it is enclosing, and(d) if it encloses a freestanding structure—not be higher than 3m above the floor level of the structure it is enclosing, and(e) if it encloses a structure attached to the upper level of a two storey dwelling—not enclose an area of more than 9m2, and(f) be located behind the building line of any road frontage, and(g) be located at least 900mm from each lot boundary, and(h) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and(i) if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and(j) if it is not located on bush fire prone land—have at least two-thirds of its perimeter comprising open screen mesh material, and(j1) if it is located on bush fire prone land—cover all openings, including any sub-floor areas, operable windows, vents and eaves, and be made of a non-corrosive metal material with a maximum aperture of 2mm, and(k) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and(l) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—not be attached to any balcony, deck, patio, pergola, terrace or verandah that faces any road.
Subdivision 36 Shade structures of canvas, fabric, mesh or the like
The construction or installation of a shade structure of canvas, fabric, mesh or the like is development specified for this code if it is not constructed or installed on land in a foreshore area.Note. See separate entry for awnings, blinds and canopies.
The standards specified for that development are that the development must:(a) (Repealed)(b) not have an area more than:(i) if for domestic purposes—20m2, or(ii) for any other purpose—30m2, and(c) not cause the total area of all such structures on the lot to be more than 15% of the ground floor area of all buildings on the lot, and(d) not be higher than 3m from ground level (existing), and(e) be located at least 900mm from each lot boundary, and(f) be located behind the building line of any road frontage, and(g) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and(h) if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and(i) not interfere with the functioning of existing drainage fixtures or flow paths, and(j) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and(k) if it is constructed or installed on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.
Subdivision 36A Signage (replacement of identification signs)
The replacement of:(a) an existing building identification sign or the content of such a sign, or(b) an existing business identification sign or the content of such a sign,is development specified for this code.
The standards specified for that development are that the development must:(a) replace a lawful sign, and(b) not be greater in size than the sign that is replaced, and(c) not be a sign that is flashing or animated, and(d) not involve any alteration to the structure or vessel on which the sign is displayed, and(e) not obstruct or interfere with traffic signs.Note. The Summary Offences Act 1988 regulates or prohibits certain business signs.
Subdivision 37 Skylights, roof windows and ventilators
(1) The construction or installation of a skylight, roof window or ventilator is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item.(2) Development referred to in subclause (1) is not exempt development if it is constructed or installed on land to which Orana Regional Environmental Plan No 1—Siding Spring applies.
The standards specified for that development are that the development must:(aa) be for domestic purposes only, and(a) not cause the total area of all such structures to be more than 2% of the total roof area of the building, and(b) be located at least 900mm from each lot boundary, and(c) be located at least 900mm from a wall separating attached dwellings, and(d) be constructed or installed so that any opening created is adequately weather proofed, and(e) not involve work that reduces the structural integrity of the building, and(f) if located on bush fire prone land—be adequately sealed or protected to prevent entry of embers, and(g) if constructed or installed in a heritage conservation area or a draft heritage conservation area—not be visible from any road frontage.
Note. Development for the purposes of small wind turbine systems or solar energy systems (ie a photovoltaic electricity generating system, solar hot water system or solar air heating system) is specified as exempt development under Division 4 of Part 3 of State Environmental Planning Policy (Infrastructure) 2007.
The subdivision of land, for the purpose only of any one or more of the following, is development specified for this code:(a) widening a public road,(b) a minor realignment of boundaries:(i) that will not create additional lots or the opportunity for additional dwellings, and(ii) that will not result in one or more lots that are smaller than the minimum size specified in an environmental planning instrument in relation to the land concerned (unless the original lot or lots are already smaller than the minimum size), and(iii) that will not adversely affect the provision of existing services on a lot, and(iv) that will not result in any increased bush fire risk to existing buildings,(c) (Repealed)(d) rectifying an encroachment on a lot,(e) creating a public reserve,(f) excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public toilets.
Note. (At the commencement of this clause no standards were specified.)
Subdivision 39 Temporary builders’ structures
The construction or installation of a building site shed, office or associated amenities structure is development specified for this code.
The standards specified for that development are that the development must:(a) be located on the lot in relation to which a development consent has been granted, and(b) if it contains plumbing fixtures, have those fixtures connected to an approved waste water treatment device or an approved connection to the sewer, and(c) not be used for residential purposes, and(d) (Repealed)(e) be removed from the lot immediately after completion of the works for which the development consent was granted.
Subdivision 39A Temporary structures (other than tents and marquees), and temporary alterations or additions to buildings or works, solely for filming purposes
The construction or installation of a temporary structure (other than a tent or marquee), and temporary alterations or additions to a building or work, solely for filming purposes is development specified for this code.
The standards specified for that development are that the development must:(a) be erected, used, altered or added to in connection with filming that is exempt development, and(b) not be at the location for more than 30 days within a 12-month period, and(c) if it is an alteration or addition to the building or work—not remain in place for more than 30 days within a 12-month period, and(d) not, in its altered or added to form, be accessible to the public.
The construction or installation of a tennis court is development specified for this code if it is:(a) constructed or installed on a lot with a size of at least 1ha in a rural zone or Zone R5, and(b) not constructed or installed on or in a heritage item, a draft heritage item, a heritage conservation area or a draft heritage conservation area.
(1) The standards specified for that development are that the development must:(a) be for domestic purposes only and associated with a dwelling, and(b) be located behind the building line of any road frontage, and(c) not have lighting, and(d) not require cut or fill more than 600mm below or above ground level (existing).(2) There must not be more than 1 development per lot.
Subdivision 39C Tents or marquees used solely for filming purposes
The construction or installation of a tent or marquee used solely for filming purposes is development specified for this code.
The standards specified for that development are that the development must:(a) only be used in connection with filming that is exempt development, and(b) for all tents or marquees on location at the same time—not have a total floor area exceeding 200m2, and(c) be located at least 3m from any boundary adjoining a public road and at least 1m from any other boundary, and(d) have the following number of exits arranged so as to afford a ready means of egress from all parts of the tent or marquee to open space or a road:(i) 1 exit if the floor area of the tent or marquee does not exceed 25m2,(ii) 2 exits in any other case, and(e) have a width for each exit of at least:(i) 800mm if the floor area of the tent or marquee is less than 150m2, or(ii) 1m in any other case, and(f) have a height for the walls not exceeding:(i) 4m if erected on private land, or(ii) 5m in any other case, and(g) have a height as measured from the surface on which the tent or marquee is erected to the highest point of the tent or marquee not exceeding 6m, and(h) resist loads determined in accordance with the following Australian and New Zealand Standards entitled:(i) AS/NZS 1170.0:2002, Structural design actions—General principles,(ii) AS/NZS 1170.1:2002, Structural design actions—Permanent, imposed and other actions,(iii) AS/NZS 1170.2:2002, Structural design actions—Wind actions, and(i) not remain at the location for more than 2 days after the completion of the filming at the location.
Subdivision 40 Water features and ponds
The construction or installation of a water feature or pond is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item.
(1) The standards specified for that development are that the development must:(a) not have a water depth of more than 300mm, and(a1) not have a surface area of more than 10m2, and(b) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.(2) Despite subclause 1 (a), a pond sump may be placed in a water feature or pond below a water depth of 300mm if the sump is covered with a bolted or anchored grate that is capable of supporting a weight of 150kg.
The construction or installation of a windmill that is not connected to the electricity grid is development specified for this code if it is constructed or installed on land in Zone RU1, RU2, RU3 or RU4.
The standards specified for that development are that the development must:(a) be free standing, and(a1) be located at least 20m from any road boundary and 5m from each other lot boundary, and(b) be designed by a professional engineer.Note. There are other existing legislative requirements relating to the clearance of power lines and Obstacle Limitation Surfaces near airport flight paths.
2.83, 2.84(Repealed)