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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 07:45) Current version
Part 5A Division 2 Subdivision 4
Subdivision 4 Building heights and setbacks
5A.9   Maximum height
(1)  The maximum height of a new building must not be more than:
(a)  the maximum height applicable to the land on which the building is erected under another environmental planning instrument applying to the land, or
(b)  if there is no such applicable maximum height—15m.
(2)  The maximum height of an existing building that is being altered or added to must not be more than:
(a)  the maximum height applicable to the land on which the building is erected under another environmental planning instrument applying to the land, or
(b)  if there is no such applicable maximum height—the height of the existing building or 15m, whichever is the lesser.
5A.10   Setbacks of development from roads
(1)  If the development has a boundary with a classified road, the building must have a setback from the boundary with the classified road of:
(a)  at least 10m, or
(b)  if a greater setback is applicable in those circumstances under another environmental planning instrument applying to the land on which the building is erected—at least the setback specified in that instrument.
(2)  If the development has a boundary with a primary road that is not a classified road, the building must have a setback from that boundary of:
(a)  the average distance of the setbacks of the nearest 2 buildings that:
(i)  have a boundary with the same road, and
(ii)  are located within 40m of the lot on which the building is erected, and
(iii)  are used for the purpose of industry or a warehouse or distribution centre, or
(b)  at least 10m,
whichever is the lesser.
(3)  If the development is on a lot that has a boundary with a parallel road that is not a classified road, the building must have a setback from the boundary with the parallel road determined in accordance with subclause (2).
(4)  If the development is located on a corner lot, the building must have a setback from the boundary of the secondary road of at least 3m if the secondary road is not a classified road.
(4A)  If the development is on a lot that is subject to a proposed road widening under a local environmental plan, the building must have a setback from the boundary with the road, after acquisition for the road widening, of at least:
(a)  if the road widening is for a local road—10m, or
(b)  if the road widening is for a classified road widening, a future classified road widening or a local road future classified road—4.5m.
(5)  Despite the other provisions of this clause, an addition or alteration to an existing building may have a setback from the boundary of any road that is not a classified road at the same distance as the setback of the existing building from that boundary.
(6)  Despite the other provisions of this clause, the requirements of this clause do not apply to the existing parts of a building.
5A.11   Setbacks of development from side and rear boundaries
(1)  If the development is a new building, or the alteration of or an addition to an existing building, on land that adjoins a lot in a residential zone, the building must have a setback from the boundary of the adjoining lot of:
(a)  for a building with a gross floor area of not more than 1,000m2—at least 3m, plus an additional metre for every whole metre by which the building exceeds 4.5m in height above ground level (existing), or
(b)  for a building with a gross floor area of more than 1,000m2 but not more than 5,000m2—at least 5m, plus an additional metre for every whole metre by which the building exceeds 4.5m in height above ground level (existing), or
(c)  for a building with a gross floor area of more than 5,000m2 but not more than 10,000m2—at least 20m, plus an additional metre for every whole metre by which the building exceeds 4.5m in height above ground level (existing), or
(d)  for a building with a floor area of more than 10,000m2 but not more than 20,000m2—at least 50m, with a maximum building height of 15m above ground level (existing).
(2)  If the development is a new building, or the alteration of or an addition to an existing building, on a lot that adjoins a public reserve, the building must have a setback from the boundary with the public reserve of at least 3m and the area of that setback must be a landscaped area.
(3)  If the development is a new building, or the alteration of or an addition to an existing building, on a lot that adjoins an environmentally sensitive area, the building must have a setback from the boundary with that environmentally sensitive area of at least 10m and an area of at least 3m in width of that setback must be a landscaped area.
(4)  Despite the other provisions of this clause, the requirements of this clause do not apply to the existing parts of a building that are not being altered or added to.
(5)  If the development is carried out on a lot that has a boundary with a railway corridor, the new building or addition and any ancillary development must be located at least 3m from that boundary.