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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 10 April 2020 at 09:41) Current version
Part 5A Division 3
Division 3 Development standards for this code relating to commercial premises
Note.
 Division 4 also specifies development standards that apply to development relating to commercial buildings.
Subdivision 1 Application
5A.17   Application of development standards
This Division sets out the development standards that apply to development specified for this code that comprises an addition to existing commercial premises at the rear of the premises or the external alteration of existing commercial premises.
Subdivision 2 General
5A.18   General standards
The standards specified for that development are that:
(a)  the current use of the premises must be a lawful use, and
(b)  the current use of the premises must not be an existing use within the meaning of section 106 of the Act, and
(c)  the development must not contravene any condition of an existing development consent that continues to apply to the land, and
(d)  the finish to the proposed building addition or alteration that comprises the development must be of similar materials and colour to the existing premises so that the addition or alteration is in keeping with the existing premises, and
(e)  any new facade created by the development that faces any street must have a surface comprised of not more than 50% glazed materials which must be low reflective glass.
Subdivision 3 Site requirements
5A.19   Maximum gross floor area
(1)  The total gross floor area of any part of additions to existing commercial premises that are to be used for retail purposes must not exceed 1,000m2, or 50% of the gross floor area of the existing commercial premises, whichever is the lesser.
(2)  The total gross floor area of any part of additions to existing commercial premises that are to be used for any other commercial uses must not exceed 2,500m2, or 50% of the gross floor area of the existing commercial premises, whichever is the lesser.
5A.20   Maximum floor space ratio
The maximum floor space ratio of the existing commercial premises as altered or added to must not be more than:
(a)  the maximum floor space ratio applicable to the land on which the premises are erected under another environmental planning instrument applying to the land, or
(b)  if there is no such applicable maximum floor space ratio—1:1.
Subdivision 4 Building heights and setbacks
5A.21   Maximum height
(1)  The maximum height of the existing commercial premises as altered or added to must not be more than:
(a)  if there is a dwelling on an adjoining lot—8.5m, or
(b)  in any other case:
(i)  the maximum height applicable to the land on which the building is erected under another environmental planning instrument applying to the land, or
(ii)  if there is no such applicable maximum height—12m.
(2)  Despite subclause (1), the maximum height of any ancillary development must not be more than 5m.
5A.22   Setbacks
(1)  If the existing commercial premises as altered or added to has a boundary with a parallel road that is a classified road, the addition to the commercial premises must have a setback from the boundary with the parallel road of:
(a)  at least 3m, or
(b)  if a greater setback is applicable in those circumstances under another environmental planning instrument applying to the land on which the commercial premises are erected—at least the setback specified in that instrument.
(2)  If the existing commercial premises to be altered or added to is on a lot that is subject to a proposed road widening under a local environmental plan, the premises 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—3m.
(3)  If there is a building on an adjoining lot that is being used for residential accommodation and that building is located less than 3m from the boundary with the existing commercial premises being altered or added to, the following setbacks are required from the side and rear boundaries of the lot on which the commercial premises are located:
(a)  a distance of at least 1.5m for any part of the alteration or addition to the commercial premises that does not exceed 3m in height above ground level (existing),
(b)  a distance of at least 3m for any part of the alteration or addition to the commercial premises that exceeds 3m but does not exceed 6m in height above ground level (existing),
(c)  a distance of at least 4.5m for any part of the alteration or addition to the commercial premises that exceeds 6m in height above ground level (existing).
(4)  Subclause (3) (a) does not apply if the building on the adjoining lot is being used for a mixed use development that does not include any residential accommodation on the ground floor facing the boundary with the lot on which the existing commercial premises are located.
(5)  If the site of the existing commercial premises has a boundary with a railway corridor, the commercial premises as altered or added to must be located at least 2m from that boundary.
(6)  Subject to the other provisions of this clause, the existing commercial premises as altered or added to may extend to the side and rear boundaries.
(7)  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.
5A.23   Privacy
A window in any part of the existing commercial premises that is being altered or added to must have a privacy screen for any part of the window that is less than 1.5m above finished floor level if:
(a)  the window faces a building used for residential accommodation on an adjoining lot, and
(b)  the wall in which the window is located has a setback of less than 5m from the boundary of that adjoining lot.