3A.19   Exceptions to setbacks

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.