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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 6 April 2020 at 15:45) Current version
Part 4A
Part 4A General Development 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, the Disability (Access to Premises—Buildings) Standards 2010 of the Commonwealth 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 Specified development and development standards under this code
Subdivision 1 Bed and breakfast accommodation
4A.1   Specified complying development
Bed and breakfast accommodation is development specified for this code if it is:
(a)  permissible with development consent under an environmental planning instrument applying to the land on which the development is carried out, and
(b)  not constructed or installed on bush fire prone land.
4A.2   Development standards
The standards specified for that development are that the development must:
(a)  be in an existing dwelling house, and
(b)  consist of not more than 4 guest bedrooms or, if there is a local environmental plan applying to the land that was made under section 33A of the Act, the maximum number of bedrooms specified in clause 5.4 (1) of that plan, and
(c)  have at least 1 guest bathroom, and
(d)  have a fire extinguisher and fire blanket in the kitchen, and
(e)  have at least 1 off-road car parking space per guest bedroom, and
(f)  not display any advertisement on the premises (other than a notice or sign indicating the name and occupation of the resident), and
(g)  if the dwelling house is subject to the Strata Schemes Management Act 1996 or the Community Land Management Act 1989—have the prior approval of the owners corporation, or the community, precinct or neighbourhood association.
Note.
 The use of a dwelling as bed and breakfast accommodation will result in a change of building class for the dwelling under the Building Code of Australia. There will be new fire safety and access requirements.
Subdivision 2 Home businesses
4A.3   Specified complying development
A home business that involves the manufacture of food is development specified for this code.
4A.4   Development standards
The standards specified for that development are that the development must:
(a)  not involve a change of building use, and
(b)  if the development is on land to which a local environmental plan made under section 33A of the Act applies—comply with the applicable standards under clause 5.4 (2) of that plan, and
(c)  be carried out in premises that comply with the relevant requirements of AS 4674—2004, Design, construction and fit-out of food premises.
Note 1.
 The Food Act 2003, and the regulations under that Act, may contain additional requirements in relation to premises on which food is manufactured.
Note 2.
 The elements that must comprise this development are specified in the definition of home business in the Standard Instrument.
Note 3.
 Under the Building Code of Australia, a change of building use involving a floor area greater than 10% of the floor area of a building would cause the building to contravene the development standard.
Subdivision 3 Tents, marquees or booths for community events
4A.5   Specified development
The construction or installation of a tent, marquee or booth used for a community event is development specified for this code if it is not exempt development and is carried out on any of the following land:
(a)  land in a business, industrial (other than heavy industrial), open space or special purpose zone,
(b)  land that is unzoned.
4A.6   Development standards
The standards specified for that development are that:
(a)  each tent, marquee or booth must not have a total floor area exceeding 500m2, and
(b)  for all tents, marquees and booths being used at the same time—the development must not have a total floor area exceeding 1,000m2, and
(c)  each tent, marquee or booth must be located at least 3m from any boundary of the land unless the land is under the ownership, control or management of a council or public authority and that council or public authority has provided its consent in writing to the temporary use of the land for the erection of the tent, marquee or booth, and
(d)  each tent, marquee or booth must be erected so as to ensure that there is a distance of at least 1.5m from any other tent, marquee or booth that is unobstructed so as to allow for pedestrian circulation unless that other tent, marquee or booth is attached with no separation, and
(e)  each tent or marquee with an area exceeding 300m2 must be located at least 6m from any other tent or marquee, and from any booth, to minimise the risk of fire spread, and
(f)  each tent or marquee with an area exceeding 300m2 must be provided with a system of emergency lighting and an additional electrical supply capable of providing emergency lighting in the event of a power failure, and
(g)  each tent or marquee must have the following number of exits arranged so as to afford a ready means of egress from all parts of the tent or marquee to open space or a road:
(i)  if the tent or marquee has a floor area of not more than 25m2—1 exit,
(ii)  if the tent or marquee has a floor area of not more than 100m2—2 exits,
(iii)  in any other case—4 exits, and
(h)  if any tent or marquee will include internal seating, stalls, tables or other obstructions, a clear path of travel to any exit no greater than 40m in length must be provided, and
(i)  each tent, marquee or booth must have a width for each exit of at least:
(i)  if the floor area of the tent, marquee or booth is less than 150m2—850mm, or
(ii)  in any other case—1m, and
(j)  no tent or marquee can have a height for the walls exceeding 6m, and
(k)  each tent, marquee or booth must have a height, as measured from the surface on which the tent or marquee is erected to the highest point of the tent, marquee or booth, not exceeding 8m, and
(l)  each tent, marquee or booth must resist loads determined in accordance with the following Australian and New Zealand Standards:
(i)  AS/NZS 1170.0:2002, Structural design actions, Part 0: General principles,
(ii)  AS/NZS 1170.1:2002, Structural design actions, Part 1: Permanent, imposed and other actions,
(iii)  AS/NZS 1170.2:2011, Structural design actions, Part 2: Wind actions.
Subdivision 4 Stages or platforms for community events
4A.7   Specified development
The construction or installation of a stage or platform used for a community event is development specified for this code if it is not exempt development and is carried out on any of the following land:
(a)  land in a business, industrial (other than heavy industrial), open space or special purpose zone,
(b)  land that is unzoned.
4A.8   Development standards
The standards specified for that development are that:
(a)  the stage or platform must not have a floor area exceeding 100m2, and
(b)  each stage or platform must be located at least 3m from any boundary of the land unless the land is under the ownership, control or management of a council or public authority, and that council or public authority has provided its consent in writing to the temporary use of the land for the erection of the stage or platform, and
(c)  the stage or platform must have a height as measured from the surface on which the stage or platform is erected to the floor of the stage or platform not exceeding 2m, and
(d)  the stage or platform must resist loads determined in accordance with the following Australian and New Zealand Standards:
(i)  AS/NZS 1170.0:2002, Structural design actions, Part 0: General principles,
(ii)  AS/NZS 1170.1:2002, Structural design actions, Part 1: Permanent, imposed and other actions,
(iii)  AS/NZS 1170.2:2011, Structural design actions, Part 2: Wind actions.
Subdivision 5 Sydney Olympic Park—major events
4A.9   Specified development
(1)  The internal or external alteration or addition to a major event venue (other than Newington Armoury) situated on the Sydney Olympic Park site, including a new or replacement large format video screen within a stadium or auditorium, is development specified for this code if it is carried out on land within the Sydney Olympic Park site.
(2)  In this Subdivision, major event venue and Sydney Olympic Park site have the same meanings as in Part 23 of Schedule 3 to State Environmental Planning Policy (Major Development) 2005.
4A.10   Development standards
The standards specified for that development are that the development must:
(a)  not add more than 100m2 to the external envelope of the major event venue, and
(b)  not add a new seating area to the major event venue of more than 1,000m2.
Subdivision 6 Waterways structures
4A.11   Specified development
(1)  Structural repairs to, the replacement of, or the carrying out of maintenance works in relation to, existing lawful boat sheds, cranes, davits, jetties, marinas, pontoons, slipway rails, winches water recreation structures and wharf or boating facilities is development specified for this code if it is not carried out on or in a heritage item or a draft heritage item.
(2)  Development specified for this code may be carried out on land whether or not the land is within an environmentally sensitive area.
4A.12   Development standards
(1)  The standards specified for that development are that the development must:
(a)  not reduce the amount of light penetration to any water below, and
(b)  not change the classification of any building under the Building Code of Australia, and
(c)  not involve disturbance of or injury to the bed of any waterway or injury to any marine vegetation (as defined under the Fisheries Management Act 1994), and
(d)  not increase the height or site coverage of the building concerned, and
(e)  in the case of the repair or replacement of any crane, davit, slipway rails or winch—not be larger in size or capacity than the one being repaired or replaced, and
(f)  not result in a pile being exposed within the waterway, and
(g)  comply with AS 3962—2001, Guidelines for design of marinas and AS 4997—2005, Guidelines for the design of maritime structures, and
(h)  if an approval is required under the Fisheries Management Act 1994—be approved under that Act, and
(i)  if an approval is required under the Protection of the Environment Operations Act 1997—be approved under that Act.
(2)  Despite subclause (1) (c), if the development is for the purpose of the removal or the replacement of damaged or degraded piles, the following additional standards are specified for that development:
(a)  the development must not cause a deterioration in water quality,
(b)  the development must use silt curtains or similar effective methods to control pollution,
(c)  the development must not dispose of spoil in the waterway.
Division 2 Conditions applying to complying development certificates under this code
4A.13   Conditions specified in Schedule 7 apply
A complying development certificate for development specified under this code must be issued subject to the conditions specified in Schedule 7.