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Contents (2008 - 572)
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State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Historical version for 19 November 2014 to 31 December 2014 (accessed 5 April 2020 at 07:06) Current version
Part 3
Part 3 General Housing Code
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   Land to which code applies
This code applies to development that is specified in clauses 3.2–3.5 on any lot in Zone R1, R2, R3, R4 or RU5 that:
(a)  has an area of at least 200m2, and
(b)  has a width, measured at the building line fronting a primary road, of at least 6m.
3.2   New single storey and two storey dwelling houses
The erection of a new single storey or two storey dwelling house is development specified for this code.
3.2A   Calculating number of storeys
For the purposes of calculating under this code the number of storeys in a dwelling house, any basement (including a garage) is to be counted as a storey.
3.3   Alterations or additions to existing single storey and two storey dwelling houses
(1)  Alterations or additions to an existing single storey or two storey dwelling house or the addition of a second storey to an existing single storey dwelling house is development specified for this code.
(2)  Subclause (1) does not include development specified in the Housing Alterations Code.
3.4   General exclusions from this code
The following development is not development specified for this code:
(a)  the erection of a roof terrace on the topmost roof of an existing or new dwelling house or an existing or new outbuilding,
(b)  the erection of a building over a registered easement.
3.5   Ancillary development
(1)  The erection of new ancillary development, or alterations or additions to existing ancillary development, is development specified for this code if the development is ancillary to a dwelling house.
(2)  Subclause (1) does not include:
(a)  development specified in the Housing Alterations Code, and
(b)  development that is a balcony, deck, patio, pergola, terrace or verandah that is, or will be, attached to a dwelling house on a lot that has an area of less than 300m2 and a width, measured at the building line, of 10m or less, unless the development is to the primary road frontage of the lot, and
(c)  development for the purposes of a basement that will have an area of more than:
(i)  if the lot that has a width, measured at the building line, of a least 6m, but not more than 10m—25m2, or
(ii)  if the lot that has a width, measured at the building line, of more than 10m—45m2, and
(d)  development that is attached to a secondary dwelling or a group home.
Note.
 See clause 1.19 (6) (a) in relation to development that is detached ancillary development or a swimming pool in a heritage conservation area or a draft heritage conservation area.
3.6   Calculating lot area
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 1A Removal or pruning of trees
3.6A   When separate permits are not required under this Part
A complying development certificate for complying development under Division 1 is taken to satisfy any requirement under this Policy for a permit or development consent to remove or prune a tree or other vegetation on a lot if:
(a)  the tree is not listed on a significant tree register or register of significant trees kept by the council, and
(b)  the tree or vegetation will be within 3m of any development that is a building that has an area of more than 25m2, and
(c)  the tree or vegetation has a height that is less than:
(i)  for development that is the erection of a new dwelling house—8m and is not required to be retained as a condition of consent to the subdivision of the lot, or
(ii)  for any other development—6m.
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 not more than 500m2.
3.10   Maximum floor area
The total floor area of a dwelling house, detached studio, basement and any secondary dwelling on a lot must not be more than the following:
(a)  if the lot has an area of at least 200m2 but not more than 250m2—90% of the area of the lot,
(b)  if the lot has an area of more than 250m2 but not more than 300m2—85% of the area of the lot,
(c)  if the lot has an area of more than 300m2 but not more than 450m2—270m2,
(d)  if the lot has an area of more than 450m2 but not more than 600m2—330m2,
(e)  if the lot has an area of more than 600m2 but not more than 900m2—380m2,
(f)  if the lot has an area of more than 900m2—430m2.
Note.
 A secondary dwelling is complying development specified under State Environmental Planning Policy (Affordable Rental Housing) 2009.
3.11   Maximum floor area for outbuildings
The floor area of an outbuilding on a lot must not be more than the following:
(a)  if the lot has an area of not more than 300m2—36m2,
(b)  if the lot has an area of more than 300m2 but not more than 600m2—45m2,
(c)  if the lot has an area of more than 600m2 but not more than 900m2—60m2,
(d)  if the lot has an area of more than 900m2—100m2.
3.12   Setbacks and maximum floor area for balconies, decks, patios, terraces and verandahs
(1)  The total floor area of all balconies, decks, patios, terraces and verandahs on a lot must not be more than 12m2 if:
(a)  any part of the structure is within 6m from a side or the rear boundary, and
(b)  the structure has any point of its finished floor level more than 2m above ground level (existing).
(2)  A balcony, deck, patio, terrace or verandah must not have any point of its finished floor level:
(a)  if it is located within 3m of a side or the rear boundary—more than 2m above ground level (existing), or
(b)  if it is located more than 3m but not more than 6m from a side or the rear boundary—more than 3m above ground level (existing), or
(c)  if it is located more than 6m from a side or the rear boundary—more than 4m above ground level (existing).
(3)  Any detached balcony, deck, patio, terrace or verandah (including any alterations or additions to the detached balcony, deck, patio, terrace or verandah) must not have a floor level that is more than 600mm above ground level (existing).
(4)  This clause does not apply to a balcony, deck, patio, terrace or verandah that is located on the front elevation of a dwelling house unless the dwelling house is located on a battle-axe lot.
Note.
 Development identified in this clause may require privacy screens under clause 3.23.
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 the same primary road boundary and located within 40m of the lot on which the dwelling house is erected, or
(b)  if 2 dwelling houses are not located within 40m of the lot:
(i)  if the lot has an area of not more than 300m2—3m, or
(ii)  if the lot has an area of more than 300m2 but not more than 900m2—4.5m, or
(iii)  if the lot has an area of more than 900m2 but not more than 1500m2—6.5m, or
(iv)  if the lot has an area of more than 1500m2—10m.
(2)  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 3m.
(3)  Despite subclause (2), an outbuilding may be built within 3m of, or abut, a parallel road boundary that is not a classified road for not more than 50% of the length of that boundary.
(4)  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)  if the lot has an area of at least 200m2 but not more than 600m2—2m, or
(b)  if the lot has an area of more than 600m2 but not more than 1,500m2—3m, or
(c)  if the lot has an area of more than 1500m2—5m.
(5)  For the purposes of this clause, if a lot is a corner lot:
(a)  one of the boundaries that is 6m or more in length is taken to be a boundary with a primary road, and
(b)  the other boundaries are taken to be boundaries with a secondary road.
(6)  For the purposes of this clause, if a lot has contiguous boundaries with a road or roads but is not a corner lot, the lot is taken to have a boundary only with a primary road.
(7)  If the setback provided for a dwelling house from a secondary road boundary is not more than 4.5m:
(a)  the walls of the dwelling house within 4.5m of and facing the secondary road boundary must include:
(i)  building elements identified in clause 3.22 (1) (a), (b) or (d) for a minimum of 20% of the length of the elevation of those walls that extend not more than 1m from those walls, or
(ii)  a step of at least 600mm in depth for at least 20% of the length of the elevation of those walls, and
(b)  any part of a gable or hipped roof that overhangs walls within 4.5m of the secondary road boundary must include eaves that extend for the length of those walls and project at least 450mm but not more than 1m from those walls.
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 not more than 10m:
(i)  for any part of the building with a height of up to 5.5m—0.9m, and
(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 more than 10m, but not more than 18m:
(i)  for any part of the building with a height of up to 4.5m—0.9m, and
(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 more than 18m, but not more than 24m:
(i)  for any part of the building with a height of up to 4.5m—1.5m, and
(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 more than 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 not more 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 not more than 12.5m—the building may be built to only one side boundary.
(4)  Subclause (3) does not apply if:
(a)  the wall of the building on the adjoining lot is not of masonry construction and is within 900mm of the boundary, or
(b)  the wall of the building on the adjoining lot has a window facing the boundary and is within 900mm of the boundary.
(5)  A wall of a building erected under subclause (3) and within 900mm of the boundary:
(a)  must not be higher than 3.3m above ground level (existing) unless paragraph (b) or (c) applies, 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 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 higher than the height of the wall on the adjoining lot,
but in any case must not be higher than 8.5m.
(6)  The length of a wall of a building erected under subclause (3) and within 900mm of the boundary, together with the length of the boundary walls of any other buildings along the same boundary of the lot must not be greater than:
(a)  for a lot with a width, measured at the building line, of at least 6m, but not more than 10m—20m or 50% of the depth of the lot, whichever is the lesser, or
(b)  for a lot with a width, measured at the building line, of more than 10m, but not more than 12.5m—10m.
(7)  Despite subclause (6), the length of a wall of a building erected under subclause (3), and within 900mm of the boundary, may be greater than the length specified in subclause (6) if:
(a)  it is to be built to a boundary wall on an adjoining lot, and is not longer than the wall on the adjoining lot, or
(b)  where a 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—it is of the same or is of a lesser length and height as 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 not more 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 not more than 300m2, for any part of the building with a height greater than 4.5m:
(i)  if 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)  if there are not 2 such adjoining dwelling houses—10m,
(c)  if the lot has an area of more than 300m2, but not more than 900m2, for any part of the building with a height greater than 4.5m—8m,
(d)  if the lot has an area of more than 900m2, but not more 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,
(e)  if the lot has an area of more than 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 not more 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 more than 300m2, but not more 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 more than 900m2, but not more 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 more than 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 do not apply to:
(i)  any aerial, antenna, awning, eave, flue, chimney, pipe, cooling or heating appliance, any rainwater tank greater than 1.8m in height or any other structure associated with the provision of a utility service, if it is located at least 450mm from the relevant boundary, and
(ii)  any fence, fascia, gutter, downpipe, light fitting, electricity or gas meter, driveway, hard stand space, pathway or paving, if it is located within the required setback area to the relevant boundary, and
(d)  the setback from a road does not apply to:
(i)  a driveway, fence, hard stand space, pathway, paving or retaining wall, or
(ii)  any building element that is permitted within the articulation zone, and
(e)  the setback from a rear boundary required by clauses 3.17 and 3.18 does not apply to a lot that has only 3 boundaries, disregarding any boundary of an access lane if the lot is a battle-axe lot.
3.20   Calculating setbacks
(1)  For the purpose of determining the nearest 2 dwelling houses in clause 3.14 (1), a battle-axe lot is to be disregarded.
(2)  For the purpose of calculating the setbacks of the nearest 2 dwelling houses in clause 3.14 (1):
(a)  any ancillary development is not included, and
(b)  any building element listed in clause 3.22 (1) is not included.
(2A)    (Repealed)
(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), (6)    (Repealed)
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   Building articulation
(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 that extends from the building line to a distance of 1.5m into the required setback from the primary road.
(4)  A new dwelling house on a corner lot must have a window to a habitable room that is at least 1m2 in area and that faces and is visible from a secondary road.
3.22   Building elements within an articulation zone to a primary road
(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 total 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% of the area of the articulation zone.
3.23   Privacy
(1)  A window in a new dwelling house, or a new window in any alteration or addition to an existing dwelling house, must have a privacy screen for any part of the window that is less than 1.5m above floor level if:
(a)  the window:
(i)  is in a habitable room that has a finished floor level of more than 1m above ground level (existing), and
(ii)  has a sill height of less than 1.5m above that floor level, and
(iii)  faces a side or rear boundary and is less than 3m from that boundary, or
(b)  the window:
(i)  is in a habitable room that has a finished floor level of more than 3m above ground level (existing), and
(ii)  has a sill height of less than 1.5m above that floor level, and
(iii)  faces a side or rear boundary and is at least 3m, but no more than 6m, from that boundary.
(2)  Subclause (1) does not apply to a window located in a bedroom where the window has an area of not more than 2m2.
(3)  A new balcony, deck, patio, terrace or verandah and any alteration to an existing balcony, deck, patio, terrace or verandah that has a floor area of more than 3m2 must have a privacy screen if the balcony, deck, patio, terrace or verandah is:
(a)  within 3m of a side or rear boundary and has a floor level more than 1m above ground level (existing), or
(b)  between 3m and 6m of a side or rear boundary and has a floor level more than 2m above ground level (existing).
(4)  Any privacy screen required under subclause (3) must be installed:
(a)  to a height of at least 1.7m, but not more than 2.2m, above the finished floor level of the balcony, deck, patio, terrace or verandah, and
(b)  at the edge of that part of the development that is within the areas specified in subclause (3) (a) or (b) and is parallel to or faces towards the relevant side or rear boundary.
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)  if the lot has an area of at least 200m2 but not more than 300m2—10% of the area of the lot,
(b)  if the lot has an area of more than 300m2 but not more than 450m2—15% of the area of the lot,
(c)  if the lot has an area of more than 450m2 but not more than 600m2—20% of the area of the lot,
(d)  if the lot has an area of more than 600m2 but not more than 900m2—30% of the area of the lot,
(e)  if the lot has an area of more than 900m2 but not more than 1,500m2—40% of the area of the lot,
(f)  if the lot has an area of more than 1,500m2—45% of the area of the lot.
(2)  If the lot has a width, measured at the building line, of more than 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 not more 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.
3.24A   Setbacks of dwelling houses and ancillary development from protected trees
(1)  A dwelling house, and all ancillary development and any associated excavation, must have a setback of at least 3m measured from the base of the trunk of each protected tree on the lot.
(2)  Despite subclause (1), ancillary development comprising the following is permitted within this setback if the development does not require a cut or fill of more than 150mm below or above ground level (existing):
(a)  an access ramp,
(b)  a driveway, pathway or paving,
(c)  an awning, blind or canopy,
(d)  a fence, screen, or child-resistant barrier associated with a swimming pool or spa pool.
Note.
 A separate permit or development consent may be required if the branches or roots of a protected tree on the lot or on an adjoining lot are required to be pruned or removed.
3.25   Principal private open space
(1)  A lot, with a width measured at the building line of at least 6m but not more 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 more than 10m, on which a new dwelling house is erected must have more than 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 that is accessed from a primary road must:
(a)  if the dwelling house has a setback from the primary 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 the primary road boundary of less than 4.5m—be at least 5.5m from that boundary.
(2)  The total width of all garage door openings facing a primary road, a secondary road or a parallel road must not exceed:
(a)  if the lot has a width, measured at the building line, of more than 8m, but not more than 12m—3.2m, or
(b)  if the lot has a width, measured at the building line, of more than 12m—6m.
(3)  A garage may only be erected on a lot that has a width, measured at the building line, of less than 8m if the access to the garage is only from a secondary road, parallel road or lane.
(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   Earthworks, retaining walls and structural support
(1) Excavation Excavation for the purposes of development under this Part must be constructed in accordance with subclauses (5) and (6) and must not exceed a maximum depth measured from ground level (existing) of:
(a)  if located not more than 1m from any boundary—1m, and
(b)  if located more than 1m but not more than 1.5m from any boundary—2m, and
(c)  if located more than 1.5m from any boundary—3m.
(2)  Despite subclause (1), the excavation must not be more than 1m below ground level (existing) if the land is identified as Class 3 or 4 on an Acid Sulfate Soils Map or is within 40m of a waterbody (natural).
(3) Fill Fill, for the purpose of erecting a dwelling house under this Part:
(a)  must not exceed 1m above ground level (existing), and
(b)  must be contained in accordance with subclauses (5) and (6) by either:
(i)  a retaining wall or other form of structural support that does not extend more than 1.5m from any external wall of the dwelling house, or
(ii)  an unprotected sloping embankment or batter that does not extend from the dwelling house by more than 3m, in which case the toe of the embankment or batter must be more than 1m away from a side or rear boundary.
(4)  The finished ground level of the fill must not be used for the purposes of measuring the height of any development erected under this Policy.
(5) Retaining walls and structural support Support for earthworks that are more than 600mm above or below ground level (existing) and within 1m of any boundary, or more than 1m above or below ground level (existing) in any other location, must take the form of a retaining wall or other form of structural support that:
(a)  has been certified by a professional engineer, and
(b)  has adequate drainage lines connected to the existing stormwater drainage system for the site, and
(c)  does not result in any retaining wall or structural support with a total height measured vertically from the base of the retaining wall or structural support to its uppermost portion that is:
(i)  more than 1m in height and within 1m from a side or rear boundary, or
(ii)  more than 3m in height in any other location.
(6)  Any excavation or fill that exceeds 600mm above or below ground level (existing) requires a retaining wall or structural support that must be:
(a)  constructed in accordance with subclause (5), and
(b)  designed so as not to redirect the flow of any surface water or ground water, or cause sediment to be transported, onto an adjoining property, and
(c)  separated from any retaining wall or other structural support on the site by at least 2m, measured horizontally, and
(d)  installed in accordance with any manufacturer’s specification.
Note.
 Fill and excavation that is not associated with a building may be exempt development under clauses 2.29 and 2.30.
3.30, 3.31   (Repealed)
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
(1)  This clause applies:
(a)  to a detached studio, and
(b)  in addition to the development standards specified in clauses 3.8, 3.9 and 3.24.
(2)  A detached studio must not be located in a heritage conservation area or draft heritage conservation area.
(3)  A detached studio must be located behind the building line.
(4)  Not more than one detached studio may be located on a lot.
(5)  A detached studio must not have a building height of more than:
(a)  3.6m, or
(b)  if the studio is located within 900mm of a lane—6m.
(6)  The floor area of a detached studio must not be more than the following:
(a)  if the lot has an area of not more than 350m2—20m2,
(b)  if the lot has an area of more than 350m2—35m2.
(7)  A window in a new detached studio, or a new window in any alteration or addition to an existing detached studio, must have a privacy screen if:
(a)  the window:
(i)  is in a habitable room that has a floor level of more than 1m above ground level (existing), and
(ii)  has a sill height of less than 1.5m above that floor level, and
(iii)  faces a side or rear boundary and is less than 3m from that boundary, or
(b)  the window:
(i)  is in a habitable room that has a floor level of more than 3m above ground level (existing), and
(ii)  has a sill height of less than 1.5m above a floor level of more than 3m above ground level (existing), and
(iii)  faces a side or rear boundary and is at least 3m, but not more than 6m, from that boundary.
(8)  The side and rear setbacks for a detached studio are as follows:
(a)  if the lot has a width, measured at the building line, of at least 6m but not more than 18m—0.9m,
(b)  if the lot has a width, measured at the building line, of more than 18m—1.5m.
(9)  Despite subclause (8), a detached studio that is located within 900mm of a rear lane:
(a)  may be built to both side boundaries if the lot has a width, measured at the building line, of at least 6m, but not more than 8m, or
(b)  may be built to only one side boundary if the lot has a width, measured at the building line, of more than 8m, but not more than 12.5m.
(10)  Subclause (9) does not apply if:
(a)  the wall of a building on the adjoining lot is not of masonry construction and is within 900mm of the boundary, or
(b)  the wall of a building adjoining the lot has a window facing the boundary and is within 900mm of the boundary.
(11)  A wall within 900mm of a boundary of a lot on which a detached studio has been erected under subclause (9) must not be higher than:
(a)  3.3m above ground level (existing), or
(b)  if the wall is built to a boundary wall on an adjoining lot—the height of that boundary wall, but not higher than 6m.
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 or draft 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)  The pump must be housed in an enclosure that is soundproofed.
(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 1.
 A child-resistant barrier must be constructed or installed in accordance with the requirements of the Swimming Pools Act 1992.
Note 2.
 Requirements relating to excavation for the purposes of a swimming pool are set out in clause 3.29.
3.35   Fences
(1)  This clause applies to a fence that is development specified in clause 2.33 and that meets the standards specified in clause 2.34, other than the standard specified in clause 2.34 (1) (b).
(2)  The fence must:
(a)  not be higher than 1.8m above ground level (existing), and
(b)  if it is located on bush fire prone land—be constructed of non-combustible materials, and
(c)  not incorporate barbed wire in its construction or be electrified, and
(d)  if it is constructed of metal components—be of low reflective, factory pre-coloured materials, and
(e)  if it is on a sloping site and stepped to accommodate the fall in the land—be no higher than 2.2m above ground level (existing) at each step.
Note.
 Development standards for fences in rural and environment protection zones are specified in clauses 2.33 and 2.34.
3.36   (Repealed)
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)  in the case of land that is within a zone other than Zone RU5:
(i)  a reticulated water supply is connected to the lot, and
(ii)  a fire hydrant is located less than 60m from the location on the lot of the proposed development, and
(e)  in the case of land that is within Zone RU5 and has a reticulated water supply connected to the lot—a fire hydrant is located less than 60m from the location on the lot of the proposed development, and
(e1)  in the case of land that is within Zone RU5 and does not have a reticulated water supply connected to the lot—there is a 10,000L capacity water tank on the lot, 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)    (Repealed)
(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.
Division 3 Conditions applying to complying development certificates under this code
3.37   Conditions specified in Schedule 6 apply
A complying development certificate for development specified under this code must be issued subject to the conditions specified in Schedule 6.
3.38   Construction of references to conditions applying to complying development certificates
A reference in any environmental planning instrument to the conditions set out in Division 3 of Part 3 of this Policy (as in force immediately before the commencement of this clause) is to be construed as a reference to the conditions set out in Schedule 6 to this Policy.
3.39–3.45   (Repealed)