Note 1. Schedule 3 contains variations to this code.
Note 2. In addition to the requirements specified for development under this code, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to development in this code may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993, the Swimming Pools Act 1992 and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.
Division 1 Development that is complying development under this code
3.1 New single storey and two storey dwelling houses
The erection of a new single storey or two storey dwelling house on a lot that:(a) has an area of at least 450m2, and(b) is in Zone R1, R2, R3 or R4,is development specified for this code.
3.2 Existing single storey and two storey dwelling houses
Alterations or additions to an existing single storey or two storey dwelling house or addition of a second storey to an existing single storey dwelling house on a lot that:(a) has an area of at least 450m2, and(b) is in Zone R1, R2, R3, R4, R5, RU1, RU2, RU3, RU4 or RU5,is development specified for this code, other than development that is specified for the Housing Internal Alterations Code.
3.3 Basements and roof terraces excluded
(1) The erection of a basement, either as part of a new dwelling house or as an addition or alteration to an existing dwelling house, is not included in development that is specified for this code.(2) The erection of a roof terrace on the topmost roof of:(a) an existing or a new dwelling house, or(b) an existing or a new outbuilding that is detached from a dwelling house,is not included in development that is specified for this code.
The erection of new ancillary development or alterations or additions to existing ancillary development on a lot that:(a) has an area of at least 450m2, and(b) is in Zone R1, R2, R3, R4, R5, RU1, RU2, RU3, RU4 or RU5,is development specified for this code.
3.5 Demolition or removal of dwelling houses or ancillary development
The demolition or removal of an existing single storey or two storey dwelling house or ancillary development on a lot that:(a) has an area of at least 450m2, and(b) is in Zone R1, R2, R3, R4, R5, RU1, RU2, RU3, RU4 or RU5,is development specified for this code.
For the purpose of calculating the area of a lot, the area of the access laneway is excluded if it is a battle-axe lot.
Division 2 Development standards for this code
3.7 Application of development standards
This Division sets out the specified development standards that apply to development specified for this code.
Subdivision 2 Site requirements
(1) Development specified for this code may only be carried out on a lot that:(a) at the completion of the development will have only one dwelling house, and(b) if it is not a battle-axe lot, has a boundary with a primary road, measured at the building line, of at least the following:(i) 12m, if the lot has an area of at least 450m2 but less than 900m2,(ii) 15m, if the lot has an area of more than 900m2 but less than 1500m2,(iii) 18m, if the lot has an area of at least 1500m2, and(c) if it is a battle-axe lot, has an access laneway of at least 3m in width and measuring at least 12m × 12m, excluding the access laneway.(2) A lot on which a new single storey or two storey dwelling house is erected must have lawful access to a public road.
3.9 Maximum site coverage of all development
(1) The site coverage of the dwelling house and all ancillary development on a lot must not be more than the following:(a) 50 per cent of the area of the lot, if the lot has an area of at least 450m2 but less than 900m2,(b) 40 per cent of the area of the lot, if the lot has an area of at least 900m2 but less than 1500m2,(c) 30 per cent of the area of the lot, if the lot has an area of at least than 1500m2.(2) For the purpose of calculating the site coverage in subclause (1), the area of any of the following is not included:(a) an access ramp,(b) that part of an awning, blind or canopy that is outside the outer wall of a building,(c) a balcony, deck, patio, pergola, terrace or verandah attached to the dwelling house that is not enclosed by a wall higher than 1.4m above the floor level,(d) an eave,(e) a driveway,(f) a farm building,(g) a fence or screen,(h) a pathway or paving,(i) a rainwater tank that is attached to the dwelling house,(j) a swimming pool or spa pool.Note. Ancillary development is defined in clause 1.5 (1) to exclude development that is exempt development under this Policy.
3.10 Maximum floor area for dwelling houses
(1) The floor area of a dwelling house and any carport, garage, balcony, deck, patio, pergola, terrace or verandah attached to the dwelling house and enclosed by a wall (other than the external wall of a dwelling house) higher than 1.4m above the floor level on a lot must not be more than the following:(a) 330m2, if the lot has an area of at least 450m2 but less than 600m2,(b) 380m2, if the lot has an area of at least 600m2 but less than 900m2,(c) 430m2, if the lot has an area of at least 900m2.(2) For the purpose of calculating the floor area in subclause (1):floor area means the sum of the areas of each storey of the dwelling house and carport, garage, balcony, deck, patio, pergola, terrace or verandah, measured at a height of 1.4m above each floor level, where the area is taken to be the area within the outer face of:
(a) the external walls of the dwelling house, and(b) the walls of the carport, garage, balcony, deck, patio, pergola, terrace or verandah,but excluding any of the following:(c) any part of an awning, blind or canopy that is outside the outer wall of a building,(d) an eave,(e) a lift shaft,(f) a stairway,(g) a void above a lower storey.
3.11 Maximum floor area for outbuildings
(1) The floor area of an outbuilding on a lot in Zone RU1, RU2, RU3 or RU4 must not be more than:(a) 500m2, if the only purpose of the outbuilding is for agricultural use, or(b) 100m2 in any other case.(2) The floor area of any outbuilding on a lot in Zone R1, R2, R3, R4, R5 or RU5 must not be more than:(a) 45m2, if the lot has an area of at least 450m2 but less than 600m2, or(b) 60m2, if the lot has an area of at least 600m2 but less than 900m2, or(c) 100m2, if the lot has an area of at least 900m2.(3) For the purpose of calculating the floor area in subclauses (1) and (2):floor area means the sum of the areas of each storey of the outbuilding, measured at a height of 1.4m above each floor level, where the area of each storey is taken to be the area within the outer face of:
(a) the external walls of the outbuilding if it is enclosed, and(b) the supporting columns or posts of the outbuilding if it is not enclosed,but excluding any of the following:(c) any part of an awning, blind or canopy that is outside the outer wall of a building,(d) an eave,(e) a stairway.
3.12 Maximum floor area for balconies, decks, patios, pergolas, terraces and verandahs
(1) The maximum floor area of a balcony, deck, patio, pergola, terrace or verandah attached to a dwelling house with a floor level of more than 3m above ground level (existing) is 12m2.(2) For the purpose of calculating the floor area in subclause (1):floor area means the area of the balcony, deck, patio, pergola, terrace or verandah, measured at the floor level, where the area is taken to be the area within the outer face of:
(a) the external walls, if the balcony, deck, patio, pergola, terrace or verandah is enclosed, or(b) the balustrade or other safety barrier if the balcony, deck, patio, pergola, terrace or verandah, is not enclosed.
Subdivision 3 Building heights and setbacks
3.13 Building heights of dwelling houses and outbuildings
(1) The maximum building height of a new dwelling house or the alterations and additions to an existing dwelling house must not be more than 8.5m above ground level (existing).(2) The maximum building height of a new outbuilding or the alterations and additions to an existing outbuilding on a lot in Zone R1, R2, R3, R4, R5 or RU5 must not be more than 4.8m above ground level (existing).(3) The maximum building height of a new outbuilding or the alterations and additions to an existing outbuilding on a lot in Zone RU1, RU2, RU3 or RU4 must not be more than 7m above ground level (existing).
3.14 Setbacks of dwelling houses and ancillary development from roads, other than classified roads
(1) A dwelling house and all ancillary development on a lot in Zone R1, R2, R3, R4, R5 or RU5 must have a setback from the boundary with a primary road that is not a classified road of at least:(a) the average distance of the setbacks of the nearest 2 dwelling houses having a boundary with the same primary road and located within 40m of the lot on which the dwelling house is erected, or(b) in any case where 2 dwelling houses are not located within 40m of the lot:(i) 4.5m, if the lot has an area of at least 450m2 but less than 900m2, or(ii) 6.5m, if the lot has an area of at least 900m2 but less than 1500m2, or(iii) 10m, if the lot has an area of at least 1500m2.(2) A dwelling house and all ancillary development on a lot in Zone R1, R2, R3, R4, R5 or RU5 must have a setback from a boundary with a secondary road that is not a classified road of at least the following:(a) 2m, if the lot has an area of at least 450m2 but less than 600m2, or(b) 3m, if the lot has an area of at least 600m2 but less than 1500m2, or(c) 5m, if the lot has an area of at least 1500m2.(3) A dwelling house and all ancillary development on a lot in Zone R1, R2, R3, R4, R5 or RU5 must have a setback from a boundary with a parallel road that is not a classified road of at least:(a) the average distance of the setbacks of the nearest 2 dwelling houses having a boundary with the same parallel road and located within 40m of the lot on which the dwelling house is erected, or(b) in any case where 2 dwelling houses are not located within 40m of the lot:(i) 4.5m, if the lot has an area of at least 450m2 but less than 900m2, or(ii) 6.5m, if the lot has an area of at least 900m2 but less than 1500m2, or(iii) 10m, if the lot has an area of at least 1500m2.(4) A dwelling house and all ancillary development on a lot in Zone RU1, RU2, RU3 or RU4 must have a setback from a boundary with any road that is not a classified road of at least 10m.
3.15 Setbacks of dwelling houses and ancillary development from classified roads
A dwelling house and all ancillary development on a lot must have a setback from a boundary with a classified road of at least:(a) if another environmental planning instrument applying to the lot establishes a setback for a dwelling house having a boundary with a classified road, that distance, or(b) 9m in any other case.
3.16 Setbacks of dwelling houses from side boundaries
(1) A dwelling house and any carport, garage, balcony, deck, patio, pergola, terrace or verandah that is attached to the dwelling house with a building height at any part of up to 3.8m on a lot in Zone R1, R2, R3, R4, R5 or RU5 must have a setback from a side boundary of at least the following:(a) 900mm, if the lot has an area of at least 450m2 but less than 900m2,(b) 1.5m, if the lot has an area of at least 900m2 but less than 1500m2,(c) 2.5m, if the lot has an area of at least 1500m2.(2) A dwelling house and any carport, garage, balcony, deck, patio, pergola, terrace or verandah that is attached to the dwelling house with a building height at any part of more than 3.8m on a lot in Zone R1, R2, R3, R4, R5 or RU5 must have a setback from a side boundary of at least the sum of:(a) the amount of the setback specified for the relevant sized lot in subclause (1), and(b) an amount that is equal to one-quarter of the additional building height above 3.8m.(3) A dwelling house and any carport, garage, balcony, deck, patio, pergola, terrace or verandah that is attached to the dwelling house on a lot in Zone RU1, RU2, RU3 or RU4 must have a setback from a side boundary of at least 10m.
3.17 Setbacks of dwelling houses from rear boundaries
(1) A dwelling house and any carport, garage, balcony, deck, patio, pergola, terrace or verandah that is attached to the dwelling house with a building height at any part of up to 3.8m on a lot in Zone R1, R2, R3, R4, R5 or RU5 must have a setback from a rear boundary of at least the following:(a) 3m, if the lot has an area of at least 450m2 but less than 900m2,(b) 5m, if the lot has an area of at least 900m2 but less than 1500m2,(c) 10m, if the lot has an area of at least 1500m2.(2) A dwelling house and any carport, garage, balcony, deck, patio, pergola, terrace or verandah that is attached to the dwelling house with a building height at any part of more than 3.8m on a lot in Zone R1, R2, R3, R4, R5 or RU5 must have a setback from a rear boundary of at least the following:(a) 3m, plus an amount that is equal to three times the additional building height above 3.8m, up to a maximum setback of 8m, if the lot has an area of at least 450m2 but less than 900m2,(b) 5m, plus an amount that is equal to three times the additional building height above 3.8m, up to a maximum setback of 12m, if the lot has an area of at least 900m2 but less than 1500m2,(c) 10m, plus an amount that is equal to three times the additional building height above 3.8m, up to a maximum of 15m, if the lot has an area of at least 1500m2.(3) Despite subclauses (1) and (2), a dwelling house on a lot in Zone R1, R2, R3, R4 or RU5 that has a rear boundary with a laneway may have a building line that abuts that boundary for up to 50 per cent of the length of that boundary.(4) A dwelling house and any carport, garage, balcony, deck, patio, pergola, terrace or verandah that is attached to the dwelling house on a lot in Zone RU1, RU2, RU3 or RU4 must have a setback from a rear boundary of at least 10m.
3.18 Setbacks of outbuildings from side and rear boundaries
(1) An outbuilding with a building height at any part of up to 3.8m on a lot in Zone R1, R2, R3, R4, R5 or RU5 must have a setback from a side or rear boundary of at least the following:(a) 900mm, if the lot has an area of at least 450m2 but less than 900m2,(b) 1.5m, if the lot has an area of at least 900m2 but less than 1500m2,(c) 2.5m, if the lot has an area of at least 1500m2.(2) An outbuilding with a building height at any part of more than 3.8m on a lot in Zone R1, R2, R3, R4, R5 or RU5 must have a setback from a side or rear boundary of at least the sum of:(a) the amount of the setback specified for the relevant sized lot in subclause (1), and(b) an amount that is equal to one-quarter of the additional building height above 3.8m.(3) An outbuilding on a lot in Zone RU1, RU2, RU3 or RU4 must have a setback from a side or rear boundary of at least 10m, if the only purpose of the outbuilding is for agricultural use, or 5m in any other case.
Despite any other clause in this Subdivision:(a) a dwelling house or an outbuilding must have a setback of at least 3m from a boundary with a public reserve, and(b) side and rear setbacks and setbacks from the boundary with a road do not apply to the existing parts of a dwelling house or ancillary development where it is proposed to carry out any of the following:(i) alterations or additions to an existing dwelling house,(ii) alterations or additions to existing ancillary development,(iii) the demolition or removal of an existing dwelling house or ancillary development, and(c) side and rear setbacks and setbacks from the boundary with a road do not apply to allowable encroachments permitted under clause 3.7.1.7 of Volume 2 of the Building Code of Australia or any eave or roof overhang that has a horizontal width of not more than 450mm.Note. The allowable encroachments permitted under clause 3.7.1.7 of Volume Two of the Building Code of Australia include fascias, gutters, downpipes, rainwater tanks, chimneys, flues, domestic fuel tanks, cooling or heating appliances, light fittings, electricity and gas meters, aerials, antennae, pergolas, sun blinds, unroofed terraces, landings, steps and certain ramps.
(1) For the purpose of calculating the setback of an existing dwelling house, the location of any of the following is not included:(a) any part of an existing garage or carport that is located between the building line of the dwelling house and a boundary with the primary road,(b) any existing building element of a dwelling house that is located within the articulation zone.(2) For the purpose of calculating the setbacks of the nearest two dwelling houses, those dwelling houses must be on the same side of the road as the lot.(3) For the purpose of calculating the setbacks of a new dwelling house, any building element that is permitted in the articulation zone is not included.(4) For the purpose of calculating a side or rear setback, the maximum building height of a dwelling house on a sloping lot is to be used.(5) A setback is to be calculated at the closest point to the boundary from the building line.(6) For the purpose of calculating the setback from a road, a reference to ancillary development does not include the following:(a) a driveway, pathway or paving,(b) an eave,(c) a fence or screen,(d) a retaining wall,(e) any ancillary development that is a building element that is permitted in the articulation zone.
(1) A new dwelling house, other than a dwelling house on a battle-axe lot, must have a front door and a window to a habitable room in the building wall that faces a primary road.(2) A new dwelling house, other than a dwelling house on a battle-axe lot, must have a door and a window to a habitable room in the building wall that faces a parallel road.(3) A dwelling house, other than a dwelling house that has a setback from a primary road of less than 3m, may incorporate an articulation zone to a primary road.
3.22 Building elements within the articulation zone
(1) The following building elements are permitted in an articulation zone:(a) an entry feature or portico,(b) a balcony, deck, patio, pergola, terrace or verandah,(c) a window box treatment,(d) a bay window or similar feature,(e) an awning or other feature over a window,(f) a sun shading feature.(2) A building element must not extend above the eave gutter line, other than a pitched roof to an entry feature or portico that has the same pitch as the roof on the dwelling house.(3) The maximum area of all building elements within the articulation zone, other than a building element listed in subclause (1) (e) or (f), must not be more than 25 per cent of the area of the articulation zone, measured through the horizontal plane of the elements.
(1) A window in a new dwelling house or a new window in any alterations or additions to an existing dwelling house must have a privacy screen if:(a) it is a window in a habitable room, other than a bedroom, that has a floor level of more than 1m above ground level (existing), and(b) the wall in which the window is located has a setback of less than 3 metres from a side or rear boundary, and(c) the window has a sill height of less than 1.5m.(2) A new balcony, deck, patio, pergola, terrace or verandah and any alterations to an existing balcony, deck, patio, pergola, terrace or verandah must have a privacy screen if it:(a) has a setback of less than 3m from a side or rear boundary, and(b) has a floor area more than 3m2, and(c) has a floor level more than 1 metre above ground level (existing).(3) A detached deck, patio, pergola or terrace or any alterations or additions to an existing deck, patio, pergola or terrace must not have a floor level that is more than 600mm above ground level (existing).(4) In this clause, privacy screen means a screen that:(a) faces the boundary identified in subclause (2) (a), and(b) is 1.5m high, measured from the floor level, and(c) has no individual opening more than 30mm wide, and(d) has a total of all openings less than 30 per cent of the surface area of the screen.
(1) A lot on which development specified for this code is carried out must have a landscaped area of at least the following:(a) 20%, if the lot has an area of at least 450m2 but less than 600m2,(b) 25%, if the lot has an area of at least 600m2 but less than 900m2,(c) 35%, if the lot has an area of at least 900m2 but less than 1500m2,(d) 45%, if the lot has an area of at least 1500m2.(2) At least 50% of the landscaped area must be located behind the building line to the primary road boundary.(3) The landscaped area must be at least 2.5 wide.
3.25 Principal private open space
(1) A lot on which a new dwelling house is erected must have at least 24m2 of principal private open space.(2) In this clause, principal private open space means an area that:(a) is directly accessible from, and adjacent to, a habitable room, other than a bedroom, and(b) is at least 4m wide, and(c) is not steeper than 1:50 gradient.
Subdivision 5 Car parking and access
(1) At least one off-street car parking space must be provided on the lot on which a new dwelling house is erected.(2) At least one off-street car parking space must be retained on a lot on which alterations or additions to an existing car parking space are carried out.(3) A car parking space under this clause may be an open hard stand space or a carport or garage, whether attached to or detached from the dwelling house.
3.27 Garages, carports and car parking spaces
(1) A garage, carport or car parking space must:(a) be at least 1m behind the building line, where the dwelling house has a setback from a road boundary of 4.5m or more, or(b) be at least 5.5m from a road boundary, where the dwelling house has a setback of less than 4.5m.(2) If the door or doors on a garage face a primary road, a secondary road or a parallel road, the total width of all those door openings must:(a) be not more than 6m, and(b) be not more than 50 per cent of the width of the building, measured at the building line to the relevant property boundary.(3) An open hard stand car parking space must measure at least 2.6m wide by 5.4m long.
(1) A lot on which an off-street car parking space is provided or retained under clause 3.26 must have a driveway to a public road.(2) A driveway on a lot must be constructed in accordance with Australian Standard AS 2890.1—1993, Parking facilities—Off-street car parking.Note. Clause 2.28 applies to the construction or installation of a driveway as exempt development.
Subdivision 6 Earthworks and drainage
3.29 Excavation of sloping sites
(1) Excavation associated with the erection of, or alterations or additions to, a dwelling house or ancillary development (other than a swimming pool) must:(a) be not more than 1m below ground level (existing), and(b) be constructed using a retaining wall or unprotected embankment that meets the standards of subclause (2) or (3), respectively.(2) A retaining wall must not extend more than 1m horizontally beyond the external wall of the dwelling house or ancillary development.(3) An unprotected embankment must not extend more than 1m horizontally beyond the external wall of the dwelling house or ancillary development.(4) Excavation associated with the erection of, or alterations or additions to, a swimming pool must be not more than the depth required for the pool structure.
(1) Fill associated with the erection of, or alteration or additions to, a dwelling house or ancillary development must be contained wholly within the external walls of the dwelling house or ancillary development.(2) Despite subclause (1), exposed fill may be constructed using an unprotected embankment if the dwelling house or ancillary development has a setback of more than 2m from a side or rear boundary, if:(a) the fill is not more than 600mm above ground level (existing), and(b) the fill (but not the embankment) does not extend more than 1m beyond an external wall of the dwelling house or ancillary development, and(c) the toe of the unprotected embankment has a setback of at least 400mm from a side or rear boundary.
3.31 Run-off and erosion controls
Run-off and erosion controls must be implemented to prevent soil erosion, water pollution or the discharge of loose sediment on the surrounding land by:(a) diverting uncontaminated run-off around cleared or disturbed areas, and(b) erecting a silt fence to prevent debris escaping into drainage systems and waterways, and(c) preventing tracking of sediment by vehicles onto roads, and(d) stockpiling top soil, excavated materials, construction and landscaping supplies and debris within the lot.
(1) All stormwater drainage collecting as a result of the erection of, or alterations or additions to, a dwelling house or ancillary development must be conveyed by a gravity fed or charged system to:(a) a public drainage system, or(b) an inter-allotment drainage system, or(c) an on-site disposal system.(2) All stormwater drainage systems within a lot and the connection to a public or an inter-allotment drainage system must:(a) if an approval is required under section 68 of the Local Government Act 1993, be approved under that Act, or(b) if an approval is not required under section 68 of the Local Government Act 1993, comply with any requirements for the disposal of stormwater drainage contained in a development control plan that is applicable to the land.
Subdivision 7 Ancillary development
3.33 Demolition or removal of dwelling houses and ancillary development
(1) An existing dwelling house or ancillary development that is to be demolished or relocated must:(a) be disconnected from any essential service in accordance with the requirements of the relevant authority, and(b) not be relocated on the same lot or to a different lot, except in accordance with the development standards in this Division.(2) All demolition must be carried out in accordance with Australian Standard AS 2601—2001, Demolition of structures.
(1) Ancillary development comprising a swimming pool for private use must be located on a lot:(a) behind the setback area from a primary road, or(b) in the rear yard.(2) The swimming pool water line must have a setback of at least 1m from a side or rear boundary.(3) Decking around a swimming pool must not be more than 600mm above ground level (existing).(4) Coping around a swimming pool must not be more than:(a) 1.4m above ground level (existing), or(b) 300mm wide if the coping is more than 600mm above ground level (existing).(5) Water from a swimming pool must be discharged in accordance with an approval under the Local Government Act 1993 if the lot is not connected to a sewer main.Note. A child-resistant barrier must be constructed or installed in accordance with the requirements of the Swimming Pools Act 1992.
3.35 Dimensions of fences and retaining walls
(1) A fence and any associated retaining wall located within the setback area from a primary road must:(a) not be more than 1.2m above ground level (existing), and(b) be open for at least 50 per cent of the upper ⅔ of the area of the fence, and(c) in relation to any brick or other solid portion of the fence above 600mm, be not more than 250mm wide.(2) A fence and any associated retaining wall located behind the setback area from a primary road or any side or rear boundary fence must not be more than 1.8m above ground level (existing).(3) A retaining wall or embankment that is not subject to Subdivision 6 must not have a height above or below ground level (existing) of more than:(a) 600mm at any distance up to 500mm from a side or rear boundary, or(b) 1m at any distance more than 500mm from a side or rear boundary.(4) The fence or the fence and associated retaining wall on a sloping lot may be stepped, provided the height of each step is not more than:(a) 1.6m above ground level (existing) if it is located within a setback area from a primary road, or(b) 2.2m above ground level (existing) in any other case.(5) All fill on a lot that is not subject to Subdivision 6 must be retained by a retaining wall.(6) Fill more than 150mm deep must not occupy an area of more than 50 per cent of the landscaped area of the lot.
(1) A fence must not incorporate barbed wire in its construction or be electrified, unless the fence is on a lot in Zone RU1, RU2, RU3 or RU4.(2) (Repealed)(3) Metal used in the construction of a fence must be low reflective and factory pre-coloured.(4) A fence must not be constructed so as to redirect the overland flow of surface water onto adjoining properties.
Division 3 Conditions applying to complying development certificate under this code
Note. Complying development must comply with the requirements of the Act, the Environmental Planning and Assessment Regulation 2000 and the conditions listed in this Part.
Note. A contributions plan setting out the contribution requirements towards the provision or improvement of public amenities or public services may specify that an accredited certifier must, under section 94EC of the Act, impose a condition on a complying development certificate requiring the payment of a monetary contribution in accordance with that plan.
Subdivision 1 Conditions applying before works commence
3.37 Protection of adjoining areas
(1) A temporary hoarding or temporary construction site fence must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of works if the works:(a) could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic, or(b) could cause damage to adjoining lands by falling objects, or(c) involve the enclosure of a public place or part of a public place.(2), (3) (Repealed)Note. See the entry in the General Exempt Development Code for scaffolding, hoardings and temporary construction site fences.
(1) Toilet facilities must be available or provided at the work site before works begin and must be maintained until the works are completed at a ratio of one toilet plus one additional toilet for every 20 persons employed at the site.(2) Each toilet must:(a) be a standard flushing toilet connected to a public sewer, or(b) have an on-site effluent disposal system approved under the Local Government Act 1993, or(c) be a temporary chemical closet approved under the Local Government Act 1993.
(1) A garbage receptacle must be provided at the work site before works begin and must be maintained until the works are completed.(2) The garbage receptacle must have a tight fitting lid and be suitable for the reception of food scraps and papers.
3.39A Notification to neighbours
The person having the benefit of the complying development certificate must give at least 2 days’ notice in writing of the intention to commence the works to the owner or occupier of each dwelling that is situated within 20m of the lot on which the works will be carried out.
Subdivision 2 Conditions applying during the works
Note. The Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Noise Control) Regulation 2008 contain provisions relating to noise.
3.40 Hours of construction or demolition
Construction or demolition may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no construction or demolition is to be carried out at any time on a Sunday or a public holiday.
Works must be carried out in accordance with the plans and specifications to which the complying development certificate relates.
3.42 Sedimentation and erosion controls
Run-off and erosion controls must be effectively maintained until the site has been stabilised and landscaped.
(1) Building materials and equipment must be stored wholly within the work site unless an approval to store them elsewhere is held.(2) Demolition materials and waste materials must be disposed of at a waste management facility.(3) The work site must be left clear of waste and debris at the completion of the works.
Subdivision 3 Construction requirements
(1) If the complying development is the erection of, or alterations or additions to, a dwelling house, the roof stormwater drainage system must be installed and connected to the drainage system before the roof covering is installed.(2) Any approval that is required for connection to the drainage system under the Local Government Act 1993 must be held before the connection is carried out.(3) If the complying development involves the construction of a vehicular access point, the access point must be completed before the occupation certificate for the complying development on the site is obtained.
If the complying development requires alteration to, or the relocation of, utility services on the lot on which the complying development is carried out, the complying development is not complete until all such works are carried out.