Subdivision 3 Building heights and setbacks
3A.14 Maximum heights of dwelling houses and outbuildings
(1) The height of a dwelling house or the alterations and additions to an existing dwelling house on a lot in Zone R5 that has an area of less than 4,000m2 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 in Zone R5 that has an area of less than 4,000m2 must not be more than 4.8m above ground level (existing).(3) The height of a dwelling house or the alterations and additions to an existing dwelling house on the following lots must not be more than 10m above ground level (existing):(a) a lot in Zone RU1, RU2, RU3 or RU4,(b) a lot in Zone R5 that has an area of at least 4,000m2.(4) The height of an outbuilding or the alterations and additions to an existing out building on the following must not be more than 4.8m above ground level (existing):(a) a lot in Zone RU1, RU2, RU3 or RU4,(b) a lot in Zone R5 that has an area of at least 4,000m2.(5) The highest point of a dwelling house or the alterations and additions to an existing dwelling house referred to in subclause (1) or (3) must be at least 5m below the highest ridgeline of any hill within 100m of the dwelling or alteration.
3A.15 Setbacks of dwelling houses and ancillary development from roads
(1) A dwelling house and all ancillary development on a lot in Zone R5 that has an area of less than 4,000m2 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, 10m.(2) A dwelling house and all ancillary development on a lot in the following zones must have a setback from the boundary with a primary road that is not a classified road of at least the following:(a) if the lot is in Zone R5 and has an area of at least 4,000m2—15m,(b) if the lot is in Zone RU4—30m,(c) if the lot is in Zone RU1, RU2 or RU3—50m.(3) A dwelling house and all ancillary development must have a setback from a boundary with a secondary road that is not a classified road of at least the following:(a) if the lot is in Zone R5 and has an area of less than 4,000m2—5m,(b) if the lot is in Zone R5 and has an area of at least 4,000m2, or is in Zone RU1, RU2, RU3 or RU4—10m.(4) A dwelling house and all ancillary development on a lot in Zone R5 that has an area of less than 4,000m2 must have a setback from a boundary with a parallel road that is not a classified road of at least 10m.(5) If a lot fronts a classified road, a dwelling house and any ancillary development must have a setback from the boundary with the classified road of:(a) if another environmental planning instrument applying to that lot specifies a setback for those circumstances, the setback specified by the other instrument, or(b) the setback specified by subclauses (1) and (2),whichever is the greater.
3A.16 Setbacks of dwelling houses from side 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 to which this code applies, must have a setback from the side boundary nearest to that point of at least the following distance:(a) if the lot is in Zone R5 and has an area of less than 4,000m2—2.5m,(b) if the lot is in Zone R5, and has an area of at least 4,000m2, or is in Zone RU1, RU2, RU3 or RU4—10m.
3A.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 the building must have a setback from the rear boundary nearest to that point of at least 15m.
3A.18 Setbacks of outbuildings from side and rear boundaries
An outbuilding, or alterations and additions to an existing outbuilding, must have a setback from a side or rear boundary of at least:(a) if the only purpose of the outbuilding is for agricultural use—10m, or(b) in any other case—5m.
Despite any other clause in this Subdivision:(a) a new dwelling house or 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(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, and(d) a dwelling house or outbuilding must have a setback of at least 40m from the bank of any perennial watercourse identified on a 1:50,000 topographical map published by the Land and Property Management Authority, and(e) a dwelling house or outbuilding must have a setback of at least 250m from a boundary with adjoining land being used for any of the following:(i) forestry,(ii) intensive livestock agriculture,(iii) intensive plant agriculture,(iv) mines and extractive industries,(v) railway lines,(vi) rural industries.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.(2A) For the purpose of calculating the setbacks of the nearest 2 dwelling houses as referred to in clause 3A.15 (1) (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) 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) the eaves,(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) This clause applies only to lots in Zone R5 that have an area of less than 4,000m2.(2) A 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.(3) A 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.(4) 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.
3A.22 Building elements within the articulation zone
(1) This clause applies only to lots in Zone R5 that have an area of less than 4,000m2.(2) 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.(3) 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.(4) The maximum area of all building elements within the articulation zone, other than a building element listed in subclause (2) (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) This clause applies only to lots in Zone R5 that have an area of less than 4,000m2.(2) A window in a 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.(3) A 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).(4) 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).