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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 July 2020 at 05:41) Current version
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.