State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Historical version for 25 November 2011 to 8 December 2011 (accessed 23 November 2014 at 23:05) Current version
Part 3Division 2

Division 2 Development standards for this code

Subdivision 1 Application

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

3.8   Lot 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 a battle-axe lot—has an access laneway at least 3m wide and measures at least 12m × 12m, excluding the access laneway.
(c)  (Repealed)
(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)  65 per cent of the area of the lot, if the lot has an area of at least 200m2 but less than 250m2,
(b)  60 per cent of the area of the lot, if the lot has an area of at least 250m2 but less than 300m2,
(c)  55 per cent of the area of the lot, if the lot has an area of at least 300m2 but less than 450m2,
(d)  50 per cent of the area of the lot, if the lot has an area of at least 450m2 but less than 900m2,
(e)  40 per cent of the area of the lot, if the lot has an area of at least 900m2 but less than 1500m2,
(f)  30 per cent of the area of the lot, if the lot has an area of at least than 1500m2.
(2)  Despite subclause (1) (d), the site coverage of a single storey dwelling house and all ancillary development on a lot must not be more than 55 per cent of the area of the lot, if the lot has an area of at least 450m2 but less than 500m2.

3.10   Maximum floor area for dwelling houses

The floor area of a dwelling house on a lot must not be more than the following:
(a)  90 per cent of the area of the lot, if the lot has an area of at least 200m2 but less than 250m2,
(b)  85 per cent of the area of the lot, if the lot has an area of at least 250m2 but less than 300m2,
(c)  270m2, if the lot has an area of at least 300m2 but less than 450m2,
(d)  330m2, if the lot has an area of at least 450m2 but less than 600m2,
(e)  380m2, if the lot has an area of at least 600m2 but less than 900m2,
(f)  430m2, if the lot has an area of at least 900m2.

3.11   Maximum floor area for outbuildings

The floor area of an outbuilding on a lot must not be more than the following:
(a)  36m2, if the lot has an area of less than 300m2,
(b)  45m2, if the lot has an area of at least 300m2 but less than 600m2,
(c)  60m2, if the lot has an area of at least 600m2 but less than 900m2,
(d)  100m2, if the lot has an area of at least 900m2.

3.12   Maximum floor area for balconies, decks, patios, pergolas, terraces and verandahs

The floor area of a balcony, deck, patio, pergola, terrace or verandah attached to a dwelling house with a floor level more than 3m above ground level (existing) on the lot must not be more than 12m2.

Subdivision 3 Building heights and setbacks

3.13   Maximum height of dwelling houses and outbuildings

(1)  The height of a 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 height of an outbuilding or the alterations and additions to an existing outbuilding on a lot must not be more than 4.8m 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 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)  3m, if the lot has an area of less than 300m2, or
(ii)  4.5m, if the lot has an area of at least 300m2 but less than 900m2, or
(iii)  6.5m, if the lot has an area of at least 900m2 but less than 1500m2, or
(iv)  10m, if the lot has an area of at least 1500m2.
(2)  A dwelling house and all ancillary development on a lot 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 200m2 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 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)  3m, if the lot has an area of less than 300m2, or
(ii)  4.5m, if the lot has an area of at least 300m2 but less than 900m2, or
(iii)  6.5m, if the lot has an area of at least 900m2 but less than 1500m2, or
(iv)  10m, if the lot has an area of at least 1500m2.
(4)  (Repealed)

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 and outbuildings from side boundaries, and built to boundary walls

(1)  This clause applies to the following:
(a)  a dwelling house and any carport, garage, balcony, deck, patio, pergola, terrace or verandah that is attached to the dwelling house (a building),
(b)  an outbuilding, or alterations and additions to an existing outbuilding (also a building).
(2)  Any point of a building on a lot must have a setback from the side boundary nearest to that point of at least the following:
(a)  if the lot has a width, measured at the building line, of at least 6m, but less than 10m:
(i)  for any part of the building with a height of up to 5.5m—0.9m,
(ii)  for any part of the building with a height of more than 5.5m—0.9m plus one-quarter of the height of the building above 5.5m,
(b)  if the lot has a width, measured at the building line, of at least 10m, but less than 18m:
(i)  for any part of the building with a height of up to 4.5m—0.9m,
(ii)  for any part of the building with a height of more than 4.5m—0.9m plus one-quarter of the height of the building above 4.5m,
(c)  if the lot has a width, measured at the building line, of at least 18m, but less than 24m:
(i)  for any part of the building with a height of up to 4.5m—1.5m,
(ii)  for any part of the building with a height of more than 4.5m—1.5m plus one-quarter of the height of the building above 4.5m,
(d)  if the lot has a width, measured at the building line, of at least 24m—2.5m for all building heights.
(3)  Despite subclause (2) (a):
(a)  if the lot has a width, measured at the building line, of at least 6m, but less than 8m, the building may be built to both side boundaries, or
(b)  if the lot has a width, measured at the building line, of at least 8m, but less than 10m, the building may be built to only one side boundary.
(4)  Subclause (3) does not apply if:
(a)  the wall of the building adjoining the boundary is not of masonry construction and is within 900mm of the boundary, or
(b)  the wall of the building adjoining the boundary has a window facing the boundary and is within 900mm of the boundary.
(5)  A boundary wall of a building erected under subclause (3):
(a)  must not be higher than 3.3m, or
(b)  if the wall is to be built to a boundary wall on an adjoining lot, must not be higher than the height of that wall, or
(c)  if the lot on which the building is erected is an adjoining lot for which a single complying development certificate has been issued under clause 126 (4) of the Environmental Planning and Assessment Regulation 2000, must not be higher than the height of the wall on the adjoining lot,
but in any case must not be higher than 8.5m.
(6)  The boundary wall of a building erected under subclause (3):
(a)  together with the length of the boundary walls of any other buildings on the lot, must not have a length totalling more than 20m or 50% of the depth of the lot, whichever is the lesser, or
(b)  if the wall is to be built to a boundary wall on an adjoining lot, must not be longer than the length of that boundary wall, or
(c)  if the lot on which the building is erected is an adjoining lot for which a single complying development certificate has been issued under clause 126 (4) of the Environmental Planning and Assessment Regulation 2000, must not be longer than the length of the wall on the adjoining lot.

3.17   Setbacks of dwelling houses from rear boundaries

(1)  This clause applies to a dwelling house and any carport, garage, balcony, deck, patio, pergola, terrace or verandah that is attached to the dwelling house (a building).
(2)  Any point of a building on a lot must have a setback from the rear boundary of the lot nearest to that building of at least the following distance:
(a)  if the lot has an area, of at least 200m2, but less than 900m2, for any part of the building with a height of up to 4.5m—3m,
(b)  if the lot has an area of at least 200m2, but less than 300m2, for any part of the building with a height greater than 4.5m:
(i)  in a case where there are 2 adjoining dwelling houses with a height greater than 4.5m—10m or the average distance setback from the rear boundary of that part of those adjoining dwelling houses which is greater than 4.5m, whichever is the lesser, or
(ii)  in a case where there are not 2 such adjoining dwellings—10m,
(c)  if the lot has an area of at least 300m2, but less than 900m2, for any part of the building with a height greater than 4.5m—8m,
(d)  if the lot has an area of at least 900m2, but less than 1500m2:
(i)  for any part of the building with a height of up to 4.5m—5m, or
(ii)  for any part of the building with a height greater than 4.5m—12m, or
(e)  if the lot has an area of at least 1500m2:
(i)  for any part of the building with a height of up to 4.5m—10m, or
(ii)  for any part of the building with a height greater than 4.5m—15m.
(3)  Despite subclause (2), if the lot has a rear boundary with a lane the building may have a building line that abuts that boundary for not more than 50 per cent of the length of that boundary.

3.18   Setbacks of outbuildings from rear boundaries

(1)  This clause applies to a new outbuilding, or alterations and additions to an existing outbuilding (an outbuilding).
(2)  Any point of an outbuilding on a lot must have a setback from the rear boundary of the lot of at least the following:
(a)  if the lot has an area of at least 200m2, but less than 300m2:
(i)  for any part of the outbuilding with a height of up to 3.3m—the outbuilding may be built to the rear boundary, or
(ii)  for any part of the outbuilding with a height greater than 3.3m—one-quarter of the height of the outbuilding above 3.3m,
(b)  if the lot has an area of at least 300m2, but less than 900m2:
(i)  for any part of the outbuilding with a height of up to 3.8m—0.9m, or
(ii)  for any part of the outbuilding with a height greater than 3.8m—0.9m plus one-quarter of the height of the outbuilding above 3.8m,
(c)  if the lot has an area of at least 900m2, but less than 1500m2:
(i)  for any part of the outbuilding with a height of up to 3.8m—1.5m, or
(ii)  for any part of the outbuilding with a height greater than 3.8m—1.5m plus one-quarter of the height of the outbuilding above 3.8m,
(d)  if the lot has an area of at least 1500m2:
(i)  for any part of the outbuilding with a height of up to 3.8m—2.5m, or
(ii)  for any part of the outbuilding with a height greater than 3.8m—2.5m plus one-quarter of the height of the outbuilding above 3.8m.
(3)  Despite subclause (2) (a) if:
(a)  the wall of the building adjoining the boundary is not of masonry construction and is within 900mm of the boundary, or
(b)  the wall of the building adjoining the boundary has a window facing the boundary and is within 900mm of the boundary,
the outbuilding must have a setback from the rear boundary of the lot of at least the following:
(c)  for any part of the outbuilding with a height of up to 3.8m—0.9m,
(d)  for any part of the outbuilding with a height greater than 3.8m—0.9m plus one-quarter of the height of the outbuilding above 3.8m.
(4)  Despite subclause (2), if the lot has a rear boundary with a lane the outbuilding may have a building line that abuts that boundary for not more than 50 per cent of the length of that boundary.

3.19   Exceptions to setbacks

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, and
(iii)  (Repealed)
(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.

3.20   Calculating setbacks

(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.
(2A)  For the purpose of calculating the setbacks of the nearest 2 dwelling houses as referred to in clause 3.14 (1) (a) and (3) (a), a dwelling house located on a battle axe block is to be disregarded.
(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 setbacks for a battle-axe lot, the setback on the opposite side of the lot to the rear setback is taken to be a side setback.
(5)  (Repealed)
(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.

3.20A   Protecting adjoining walls

Despite any other development standard of this code, if the development involves the erection of a wall to a boundary that has a wall less than 0.9m from the boundary, the wall must be built in accordance with the method of support proposed by the professional engineer’s report provided with the application for the complying development certificate.

3.21   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 on a dwelling house (other than a pitched roof to an entry feature or portico that has the same pitch as the roof on the dwelling house) must not extend more than:
(a)  1m above the gutter line of the eaves of a single storey dwelling house, or
(b)  above the gutter line of the eaves of a two storey 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.

3.23   Privacy

(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)  (Repealed)

Subdivision 4 Landscaping

3.24   Landscaped area

(1)  A lot on which development specified for this code is carried out must have a landscaped area of at least the following:
(a)  10% of the area of the lot, if the lot has an area of at least 200m2 but less than 300m2,
(b)  15% of the area of the lot, if the lot has an area of at least 300m2 but less than 450m2,
(c)  20% of the area of the lot, if the lot has an area of at least 450m2 but less than 600m2,
(d)  30% of the area of the lot, if the lot has an area of at least 600m2 but less than 900m2,
(e)  40% of the area of the lot, if the lot has an area of at least 900m2 but less than 1,500m2,
(f)  45% of the area of the lot, if the lot has an area of at least 1,500m2.
(2)  If the lot has a width, measured at the building line, of at least 18m, at least 50% of the area forward of the building line to the primary road must be landscaped.
(3)  If the lot has a width, measured at the building line, of less than 18m, at least 25% of the area forward of the building line to the primary road must be landscaped.
(4)  At least 50% of the landscaped area must be located behind the building line to the primary road.
(5)  The landscaped area must be at least 1.5m wide.
(6)  Subclauses (1)–(5) do not apply to development referred to in clause 3.3 if the development does not:
(a)  increase the existing site coverage of the lot, or
(b)  decrease the existing landscaped area.

3.25   Principal private open space

(1)  A lot, with a width measured at the building line of at least 6m but less than 10m, on which a new dwelling house is erected must have at least 16m2 of principal private open space.
(2)  A lot, with a width measured at the building line of at least 10m, on which a new dwelling house is erected must have at least 24m2 of principal private open space.
(3)  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 3m wide, and
(c)  is not steeper than 1:50 gradient.

Subdivision 5 Car parking and access

3.26   Car parking requirements

(1)  At least one off-street car parking space must be provided on the lot on which a new dwelling house is erected.
(1A)  Subclause (1) does not apply to a lot that has a width, measured at the building line, of less than 8m.
(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 for a dwelling house must:
(a)  if the dwelling house has a setback from a road boundary of 4.5m or more—be at least 1m behind the building line of the dwelling house, or
(b)  if the dwelling house has a setback from a road boundary of less than 4.5m—be at least 5.5m from the boundary.
(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 the door openings must not exceed:
(a)  3.2m, if the lot has a width, measured at the building line, of at least 8m, but less than 12m, or
(b)  6m, if the lot has a width, measured at the building line, of at least 12m.
(3)  A garage cannot be erected on a lot that has a width, measured at the building line, of less than 8m.
(4)  An open hard stand car parking space must measure at least 2.6m wide and 5.4m long.

3.28   Vehicle access

(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 AS 2890.1—2004, Parking facilities—Off-street car parking.
(3)  The off street car parking space for a battle-axe lot must be constructed in a way that allows vehicles to leave the lot in a forward direction.
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:
(a)  must not redirect the flow of surface water onto adjoining property, and
(b)  must not extend more than 2m horizontally from any external wall of the dwelling house or ancillary development.
(3)  An unprotected embankment must not extend more than 2m 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.

3.30   Fill of sloping sites

(1)  Fill associated with the erection of, or an alteration or addition to, a dwelling house or ancillary development must:
(a)  be contained wholly within the footprint of the dwelling house or ancillary development, or
(b)  be adequately contained by a retaining wall that:
(i)  is not higher than 600mm (including the height of any batters) above ground level (existing), and
(ii)  does not redirect the flow of surface water onto adjoining property.
(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.

3.32   Drainage

(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   Development standards for detached studios adjoining lanes

(1)  This clause applies:
(a)  to a detached studio that adjoins a lane, and
(b)  in addition to the development standards specified in clauses 3.8, 3.9 and 3.24.
(2)  A detached studio must be at least 3m from any part of the dwelling house below 4.5m in building height and 6m from any part of the dwelling house above 4.5m in building height.
(3)  A detached studio must not be more than 6m high, 9m wide or 7m deep.
(4)  The floor area of a detached studio must not be more than the following:
(a)  60m2, if the lot has a width, measured at the building line, of at least 6m, but less than 12m,
(b)  75m2, if the lot has a width, measured at the building line, of at least 12m, but less than 15m,
(c)  100m2, if the lot has a width, measured at the building line, of at least 15m.
(5)  The side setback for a detached studio is the following:
(a)  if the lot has a width, measured at the building line, of at least 6m, but less than 15m:
(i)  0.9m for a building height of up to 4.5m,
(ii)  1.2m for a building height greater than 4.5m,
(b)  if the lot has a width, measured at the building line, of at least 15m, but less than 18m:
(i)  0.9m for a building height of up to 4.5m,
(ii)  1.5m for a building height greater than 4.5m,
(c)  if the lot has a width, measured at the building line, of at least 18m:
(i)  1.5m for a building height of up to 4.5m,
(ii)  2.5m for a building height greater than 4.5m.
(6)  Despite subclause (5):
(a)  if the lot has a width, measured at the building line, of at least 6m, but less than 8m, the building may be built to both side boundaries, or
(b)  if the lot has a width, measured at the building line, of at least 8m, but less than 10m, the building may be built to only one side boundary.
(7)  Subclause (6) does not apply if:
(a)  the wall of the building adjoining the boundary is not of masonry construction and is within 900mm of the boundary, or
(b)  the wall of the building adjoining the boundary has a window facing the boundary and is within 900mm of the boundary.
(8)  A boundary wall of a detached studio erected under subclause (6):
(a)  must not be higher than 3.3m, or
(b)  if the wall is to be built to a boundary wall on an adjoining lot, must not be higher than the height of that wall, or
(c)  if the lot on which the detached studio is erected is an adjoining lot for which a single complying development certificate has been issued under clause 126 (4) of the Environmental Planning and Assessment Regulation 2000, must not be higher than the height of the wall on the adjoining lot,
but in any case must not be higher than 8.5m.
(9)  The boundary wall of a detached studio erected under subclause (6):
(a)  together with the length of the boundary walls of any other buildings on the lot must not have a length totalling more than 20m or 50% of the depth of the lot, whichever is the lesser, or
(b)  if the wall is to be built to a boundary wall on an adjoining lot, must not be longer than the length of that boundary wall, or
(c)  if the lot on which the detached studio is erected is an adjoining lot for which a single complying development certificate has issued under clause 126 (4) of the Environmental Planning and Assessment Regulation 2000, must not be longer than the length of the wall on the adjoining lot.
(10)  A window in a new detached studio or a new window in any alterations or additions to an existing detached studio must have a privacy screen if:
(a)  the window faces a dwelling house on the same lot or on an immediately adjoining lot, and
(b)  the window is in a room that has a floor level of more than 2.5 metres above ground level (existing), and
(c)  the window has a sill height of less than 1.5 metres.
(11)  Paragraphs (a) and (b) of the definition of privacy screen in clause 1.5 (1) do not apply to a privacy screen referred to in subclause (10).

3.34   Swimming pools

(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.
Note. Development for the purposes of a swimming pool is not complying development under this Code unless it is ancillary to a dwelling house.
(2)  The swimming pool water line must have a setback of at least 1m from a side or rear boundary.
(2A)  Despite subclauses (1) and (2), if the swimming pool is being constructed in a heritage conservation area, the swimming pool must be located:
(a)  behind the rear most building line of the dwelling house, and
(b)  no closer to each side boundary than the dwelling house.
(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.
(6)  Pumps attached to the development must be housed in a soundproof enclosure.
(7)  If the swimming pool is being constructed after, and at a different time to, the erection of a dwelling house on the lot, the development standards for this Code (other than the standards referred to in clause 3.24 and this clause) do not apply to the construction.
Note. A child-resistant barrier must be constructed or installed in accordance with the requirements of the Swimming Pools Act 1992.

3.35   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.
(4A)  If the land on which a fence or retaining wall is to be erected is bush fire prone land, the fence or retaining wall must be constructed from non-combustible materials.
(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.

3.36   Construction of fences

(1)  A fence must not incorporate barbed wire in its construction or be electrified.
(2)  If the land on which a fence is to be erected is bush fire prone land, the fence must be constructed from non-combustible materials.
(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.

Subdivision 8 Outbuildings

3.36A   Development standards for outbuildings in heritage conservation areas

(1)  This clause applies:
(a)  to an outbuilding erected on a lot in a heritage conservation area or a draft heritage conservation area to which this code applies, and
(b)  in addition to the development standards specified in clauses 3.9, 3.13, 3.16 and 3.18.
(2)  The outbuilding must be located:
(a)  behind the rear most building line of the dwelling house, and
(b)  no closer to each side boundary than the dwelling house.
(3)  The floor area of an outbuilding must not be more than 20m2.
(4)  The lot must not adjoin a lane or a secondary or parallel road frontage.

Subdivision 9 Development standards for particular land

3.36B   Development standards for bush fire prone land

(1)  This clause applies:
(a)  to all development specified for this code that is to be carried out on a lot that is wholly or partly bush fire prone land (other than development that is the erection of non-habitable ancillary development that is more than 10m from any dwelling house, landscaping, a non-combustible fence or a swimming pool), and
(b)  in addition to all other development standards specified for this code.
(2)  The development may be carried out on the lot only if:
(a)  the development conforms to the specifications and requirements of the following that are relevant to the development:
(i)  Planning for Bush Fire Protection (ISBN 0 9751033 2 6) published by the NSW Rural Fire Service in December 2006,
(ii)  Addendum: Appendix 3 (ISBN 0 9751033 2 6, published by NSW Rural Fire Service in 2010) to Planning for Bush Fire Protection (ISBN 0 9751033 2 6),
(iii)  if another document is prescribed by the regulations for the purposes of section 79BA of the Environmental Planning and Assessment Act 1979—that document, and
(b)  the part of the lot on which the development is to be carried out is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ), and
(c)  the lot has direct access to a public road or a road vested in or maintained by the council, and
(d)  a reticulated water supply is connected to the lot, and
(e)  a fire hydrant is located less than 60 metres from the location on the lot of the proposed development, and
(f)  mains electricity is connected to the lot, and
(g)  reticulated or bottled gas on the lot is installed and maintained in accordance with AS/NZS 1596:2008, The storage and handling of LP Gas and the requirements of relevant authorities (metal piping must be used), and
(h)  any gas cylinders on the lot that are within 10m of a dwelling house:
(i)  have the release valves directed away from the dwelling house, and
(ii)  are enclosed on the hazard side of the installation, and
(iii)  have metal connections to and from the cylinders, and
(i)  there are no polymer sheathed flexible gas supply lines to gas meters adjacent to the dwelling.
Note. The requirements of AS 3959—2009, Construction of buildings in bushfire-prone areas set out in the Building Code of Australia also apply.
(3)  A standard specified in subclause (2) (b) is satisfied if one of the following certifies that the development is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ):
(a)  until 25 February 2012—the NSW Rural Fire Service, or
(b)  a person who is recognised by the NSW Rural Fire Service as a suitably qualified consultant in bush fire risk assessment, or
(c)  the council.
Note. More information about the categories of bush fire attack, including the flame zone, can be found in Table A3.4.2 of Addendum: Appendix 3 (ISBN 0 9751033 2 6 and published by NSW Rural Fire Service in 2010) to the publication titled Planning for Bush Fire Protection (ISBN 0 9751033 2 6) published by NSW Rural Fire Service in 2006.

3.36C   Development standards for flood control lots

(1)  This clause applies:
(a)  to all development specified for this code that is to be carried out on a flood control lot, and
(b)  in addition to all other development standards specified for this code.
(2)  The development must not be on any part of a flood control lot unless that part of the lot has been certified, for the purposes of the issue of the relevant complying development certificate, by the council or a professional engineer who specialises in hydraulic engineering as not being any of the following:
(a)  a flood storage area,
(b)  a floodway area,
(c)  a flow path,
(d)  a high hazard area,
(e)  a high risk area.
(3)  The development must, to the extent it is within a flood planning area:
(a)  have all habitable rooms no lower than the floor levels set by the council for that lot, and
(b)  have the part of the development at or below the flood planning level constructed of flood compatible material, and
(c)  be able to withstand the forces of floodwater, debris and buoyancy up to the flood planning level (or if on-site refuge is proposed, the probable maximum flood level), and
(d)  not increase flood affectation elsewhere in the floodplain, and
(e)  have reliable access for pedestrians and vehicles from the development, at a minimum level equal to the lowest habitable floor level of the development, to a safe refuge, and
(f)  have open car parking spaces or carports that are no lower than the 20-year flood level, and
(g)  have driveways between car parking spaces and the connecting public roadway that will not be inundated by a depth of water greater than 0.3m during a 1:100 ARI (average recurrent interval) flood event.
(4)  A standard specified in subclause (3) (c) or (d) is satisfied if a joint report by a professional engineer who specialises in hydraulic engineering and a professional engineer who specialises in civil engineering confirms that the development:
(a)  can withstand the forces of floodwater, debris and buoyancy up to the flood planning level (or if on-site refuge is proposed, the probable maximum flood level), or
(b)  will not increase flood affectation elsewhere in the floodplain.
(5)  If a word or expression used in this clause is defined in the Floodplain Development Manual, the word or expression has the same meaning as it has in that Manual unless it is otherwise defined in this clause.
(6)  In this clause:

flood compatible material means building materials and surface finishes capable of withstanding prolonged immersion in water.

Floodplain Development Manual means the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government in April 2005.

flow path means a flow path identified in the council’s flood study or floodplain risk management study carried out in accordance with the Floodplain Development Manual.

high hazard area means a high hazard area identified in the council’s flood study or floodplain risk management study carried out in accordance with the Floodplain Development Manual.

high risk area means a high risk area identified in the council’s flood study or floodplain risk management study carried out in accordance with the Floodplain Development Manual.

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