Division 1Division 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 constructed in accordance with AS 1428.1—2001, Design for access and mobility—General requirements for access—New building work, 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, or in relation to, 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 2 Aerials and antennae
The construction or installation of an aerial or antenna, including a microwave antennae, is development specified for this code if it is not constructed or installed on or in, or in relation to, 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) if it is on land in Zone R1, R2, R3, R4, R5, RU1, RU2, RU3 or RU4—be for domestic purposes only, and(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.
Subdivision 3 Air-conditioning units
The construction or installation of an air-conditioning unit is development specified for this code.
(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(g) if it is constructed or installed on or in, or in relation to, 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(e) if it is constructed or installed on or in, or in relation to, 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.
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 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 in, or in relation to, 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.
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 10m2, and(c) be not higher than 2.4m above ground level (existing), and(d) if it is not on land in Zone RU1, RU2, RU3 or RU4—be located in the rear yard, 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(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.
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, or in relation to, 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(c) if it is connected to a facia—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(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, or in relation to, 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 20m2, and(c) not cause the total floor area of all such structures on the lot to be more than 15% of the ground floor area of the dwelling on the lot, 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:(i) that is attached to a dwelling—not extend above the roof gutter line of the dwelling, and(ii) have a roof not higher than 3m, at its highest point, above ground level (existing), and(k) if it is connected to a facia—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.
The construction or installation of a barbecue 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.
Subdivision 8 Bed and breakfast accommodation
Bed and breakfast accommodation is development specified for this code if it is carried out on land in a land use zone where bed and breakfast accommodation is a permissible use.
The standards specified for that development are that the development must:(a) be in an existing dwelling house that has a floor area not more than 300m2, and(b) consist of not more than 3 guest bedrooms.
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, or in relation to, 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 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) (Repealed)(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, or in relation to, 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 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 facia—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,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, or in relation to, 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 it is not constructed or installed on or in, or in relation to, a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area.
(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 the highest point of the roof of the dwelling on the lot, and(iii) be located in the rear yard, and(iv) be located at least 900mm from each lot boundary.(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, or in relation to, 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, 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, or in relation to, 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 Australian Standard 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, or in relation to, 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(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 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 relation to, a heritage item or a draft heritage item, or in a heritage conservation area or a draft heritage conservation area.(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.
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(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.
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, or in relation to, a heritage item or a draft heritage item.
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.
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 in relation 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.
(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(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—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 in relation 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.
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—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 in relation to, a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area.(c) (Repealed)
The standards specified for that development are that the development must:(a) be not higher than 1.8m above ground level (existing), and(b) if it is a boundary fence that has a frontage to a public road—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.
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, or in relation to, 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) (Repealed)(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) In all zones other than Zone RU1, RU2, RU3 and RU4, there must not be more than 1 development per lot.
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, or in relation to, 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, or in relation to, 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 Australian Standard 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 is development specified for this code.
The standard specified for this development is that it must not involve a change of building use.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(b) if constructed or installed externally and on, or in relation to, 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. Division 4 of Part 3 of State Environmental Planning Policy (Infrastructure) 2007 regulates solar hot water systems.
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, or in relation to, 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, or in relation to, 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 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, 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, or in relation to, 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,is development specified for this code if it is not constructed or installed on or in, or in relation to, 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(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, or in relation to, 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, and(e) be constructed of lattice, bamboo, canvas or the like.
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 or RU4:(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 or RU4—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, or in relation to, 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 it is constructed or installed on land in Zone RU1, RU2, RU3 or RU4.
(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, or in relation to, 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, or in relation to, 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 facia—be connected in accordance with a professional engineer’s specifications, and(j) have at least two-thirds of its perimeter comprising open screen mesh material, 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) be for domestic purposes only, and(b) not have an area more than 15m2, 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 the dwelling 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 facia—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, or in relation to, 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
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, or in relation to, a heritage item or a draft heritage item.
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.
2.75, 2.76(Repealed)
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 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, or in relation to, a heritage item or a draft heritage item.
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.
The construction or installation of a windmill that is not for commercial power generation 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(b) be designed by a professional engineer.