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Contents (2008 - 572)
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State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Current version for 8 February 2019 to date (accessed 22 April 2019 at 12:14)
Part 2 Division 1
Division 1 General Exempt Development Code
Subdivision 1 Access ramps
2.1   Specified development
The construction or installation of an access ramp is development specified for this code.
2.2   Development standards
The standards specified for that development are that the development must:
(a)  be not more than 1m above ground level (existing), and
(b)  be located at least 450mm from each side boundary and the rear boundary, and
(c)  not interfere with the functioning of existing drainage fixtures or the natural surface flow of water, and
(d)  if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and
(e)  if it is constructed or installed on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.
Note.
 See AS 1428.1—2009, Design for access and mobility—General requirements for access—New building work and the Disability (Access to Premises—Buildings) Standards 2010 under the Disability Discrimination Act 1992 of the Commonwealth which specifies the design requirements for new building work to provide access for people with disabilities.
Subdivision 2 Aerials, antennae and communication dishes
2.3   Specified development
The construction or installation of an aerial, antenna or a satellite communications dish (including any supporting mast) is development specified for this code if the construction or installation does not comprise fire alarm communication link works within the meaning of the Environmental Planning and Assessment Regulation 2000.
2.4   Development standards
(1)  The standards specified for that development are that:
(a)  if the development is attached to an existing building, either by being mounted on the roof or attached to an external wall of a building:
(i)  the development must not have a diameter of more than 900mm if the development is installed in connection with the use of a dwelling on the lot, and
(ii)  the development must not have a diameter of more than 1.8m if installed for any other purpose, and
(iii)  the development must not be higher than 1.8m above the highest point of the roof of the building, and
(iv)  if the development is constructed or installed on a heritage item or draft heritage item—the development must only be attached to the rear wall and roof plane of the existing building and must not be higher than the highest point of the roof of the building, and
(b)  if the development is located at ground level (existing), the development:
(i)  must not have a diameter of more than 1.8m, and
(ii)  must not be higher than 1.8m above ground level (existing), and
(iii)  must be located at least 900mm from each lot boundary, and
(iv)  must be located at the rear of the lot if it is not on land within Zone RU1, RU2, RU3, RU4, RU6 or R5, and
(v)  must resist loads in accordance with AS/NZS 1170.0:2002 Structural design actions, Part 0: General Principles and AS/NZS 1170.2:2011 Structural design actions, Part 2: Wind actions, and
(vi)  must be anchored by a concrete slab or footing designed in accordance with AS 3600—2009 Concrete structures, and
(c)  if the development is a mast or attached to a mast, the mast:
(i)  must not have a diameter of more than 100mm, if a solid mast or 500mm if constructed as an open lattice frame, and
(ii)  must not be higher than 10m above ground level (existing) inclusive of the mast and any attachments, and
(iii)  must be located at least 5m from each lot boundary, if the mast is over 5m in height, and 2m from each lot boundary, if the mast is 5m or less in height, and
(iv)  must not be constructed or installed on or in a heritage item or draft heritage item, and
(v)  must be located at the rear of the lot if it is not on land within Zone RU1, RU2, RU3, RU4, RU6 or R5, and
(vi)  must resist loads in accordance with AS/NZS 1170.0:2002 Structural design actions, Part 0: General Principles and AS/NZS 1170.2:2011 Structural design actions, Part 2: Wind actions, and
(vii)  must be anchored by a concrete slab or footing designed in accordance with AS 3600—2009 Concrete structures.
(2)  For subclause (1), there must be:
(a)  no more than 3 developments per lot, and
(b)  not more than 1 mast or antenna located at ground level (existing) on the lot.
(3)  Despite subclause (2), development in connection with the use of dwellings in a residential flat building on the lot may comprise 1 (but not more than 1) dish, aerial or antenna per dwelling.
Note.
 There are other existing legislative requirements relating to the clearance of power lines and Obstacle Limitation Surfaces near airport flight paths.
Subdivision 3 Air-conditioning units
2.5   Specified development
The construction or installation of an air-conditioning unit is development specified for this code.
Note.
 For evaporative cooling units see clause 2.30A.
2.6   Development standards
(1)  The standards specified for that development, if for residential uses only, are that the development must:
(a)  not be located on the wall or roof of a building that faces the primary road, or forward of the building line to the primary road, and
(b)  be located at least 450mm from each lot boundary, and
(c)  subject to paragraph (g), be attached to the external wall of a building or ground mounted, and
(d)  be not higher than 1.8m above ground level (existing), and
(e)  not involve work that reduces the structural integrity of the building, and
(f)  not reduce the existing fire resistance level of a wall, and
(f1)  be designed so as not to operate:
(i)  during peak time—at a noise level that exceeds 5 dB(A) above the ambient background noise level measured at any property boundary, or
(ii)  during off peak time—at a noise level that is audible in habitable rooms of adjoining residences, and
(g)  if it is constructed or installed on or in a heritage item or a draft heritage item—be ground mounted, and
(h)  if it is constructed or installed on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area—be installed at or behind the rear building line.
(1A)  The standards specified for that development, if for purposes other than residential uses only, are that the development must:
(a)  not be located on the wall or roof of a building that faces the primary road, or forward of the building line to the primary road, and
(b)  not be built into any external wall unless the development is more than 3m from each side and rear boundary and 6m from any other building on the lot, and
(c)  not involve work that reduces the structural integrity of the building, and
(d)  not reduce the existing fire resistance level of a wall or roof, and
(d1)  be designed so as not to operate:
(i)  during peak time—at a noise level that is more than 5 dB(A) above the ambient background noise level measured at any property boundary, or
(ii)  during off peak time—at a noise level that is audible in habitable rooms of adjoining residences, and
(e)  if it is constructed or installed on or in a heritage item or draft heritage item—not be wall mounted, and
(f)  if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located behind the building line of any road frontage.
(2)  Any opening created by the construction or installation of the development must be adequately waterproofed.
Note.
 For further information about noise control see the Noise Guide for Local Government (ISBN 978 1 74232 942 0) published by the Department of Environment, Climate Change and Water NSW in October 2010.
Subdivision 3A Animal shelters
2.6A   Specified development
The construction or installation of an animal shelter is development specified for this code if it is not constructed or installed on land in a foreshore area.
2.6B   Development standards
(1)  The standards specified for that development, when it is not a stable for the keeping of horses in Zone RU1, RU2, RU3, RU4 or RU6, are that the development must:
(a)  be associated with a residential use, and
(b)  not have a floor area of more than 10m2, and
(c)  be not higher than 1.8m above ground level (existing), and
(d)  if it is not on land in Zone RU1, RU2, RU3, RU4 or RU6—be located behind the building line of any road frontage, and
(e)  be located at least 450mm from each side and rear boundary, and
(f)  if roofed—be constructed or installed so that roofwater is disposed of into an existing stormwater drainage system, and
(g)  to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials and have an impervious floor, and
(h)  if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and
(i)  if it is constructed or installed on or in a heritage item or a draft heritage item, or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.
(2)  There must not be more than 2 developments per lot for development referred to in subclause (1).
(3)  The standards specified for that development when it is a stable for the keeping of horses in Zone RU1, RU2, RU3, RU4 or RU6 are that the development must:
(a)  be associated with a residential use, and
(b)  not have a floor area of more than 50m2, and
(c)  be not higher than 3m above ground level (existing), and
(d)  be located at least 20m from any road boundary and 5m from every other lot boundary, and
(e)  be located at least 30m from any dwelling on an adjoining lot, and
(f)  if roofed—be constructed or installed so that roof water is disposed of on site, without causing a nuisance to adjoining owners, and
(g)  if it is in Zone RU4 and to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and
(h)  have an impervious floor, and
(i)  if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material.
(4)  There must not be more than 1 development per lot for development referred to in subclause (3).
Subdivision 3B Automatic teller machines
2.6C   Specified development
The construction or installation of an automatic teller machine is development specified for this code.
2.6D   Development standards
The standards specified for that development are that:
(a)  the development:
(i)  must be located inside, and only be accessible from within, existing commercial premises, or
(ii)  must be located inside existing commercial premises within an external wall that is at least 2m from a road and not installed or constructed on or in a heritage item or draft heritage item or in a heritage conservation area or draft heritage conservation area, and
(b)  the development must be installed in accordance with AS 3769—1990 Automatic teller machines—User access.
Subdivision 4 Aviaries
2.7   Specified development
The construction or installation of an aviary is development specified for this code if it is not constructed or installed on land in a foreshore area.
2.8   Development standards
(1)  The standards specified for that development are that the development must:
(a)  be for residential uses only, and
(b)  not have a floor area of more than:
(i)  in a rural zone—30m2, or
(ii)  in any other zone—10m2, and
(c)  be not higher than:
(i)  in a rural zone—3m above ground level (existing), or
(ii)  in any other zone—2.4m above ground level (existing), and
(d)  be located:
(i)  in a rural zone—at least 20m from the road boundary and 5m from each other lot boundary, or
(ii)  in any other zone—in the rear yard and at least 900mm from each side and rear boundary, and
(e)    (Repealed)
(f)  have an impervious floor, and
(g)  be constructed or installed so that roofwater is disposed of without causing a nuisance to adjoining owners, and
(g1)  if it is located in a residential zone and to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and
(h)  if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material.
(2)  There must not be more than 2 developments per lot.
Note.
 For fowl and poultry houses see clause 2.41.
Subdivision 5 Awnings, blinds and canopies
2.9   Specified development
The construction or installation of any of the following structures over a window or door opening is development specified for this code if the structure is not constructed or installed on or in a heritage item or a draft heritage item:
(a)  an awning or canopy associated with a residential use,
(b)  a blind (including a storm blind, security blind or sun blind) or similar structure for any purpose.
Note.
 See separate entry for shade structures.
2.10   Development standards
The standards specified for that development are that the development must:
(a)  not have an area more than 10m2, and
(b)  not project beyond the external wall of the building by more than 2m, and
(b1)  be at least 450mm from each side and rear boundary when fully extended, and
(c)  if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and
(d)  if it is located on bush fire prone land—be constructed of non-combustible material, and
(d1)  if it is constructed or installed on or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and
(e)  not be used for advertising.
Subdivision 6 Balconies, decks, patios, pergolas, terraces and verandahs
2.11   Specified development
The construction or installation of a balcony, deck, patio, pergola, terrace or verandah (whether free standing or attached to the ground floor level of a building, or roofed or unroofed) is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item or on land in a foreshore area.
2.12   Development standards
The standards specified for that development are that the development must:
(a)    (Repealed)
(b)  have an area of not more than 25m2, and
(c)  not cause the total floor area of all such structures on the lot to be more than:
(i)  for a lot larger than 300m2—15% of the ground floor area of the dwelling on the lot, or
(ii)  for a lot 300m2 or less—25m2, and
(d)  not have an enclosing wall higher than 1.4m, and
(e)  be located behind the building line of any road frontage, and
(f)  be located at a distance from each lot boundary of at least:
(i)  for development carried out in Zone RU1, RU2, RU3, RU4, RU6 or R5—5m, or
(ii)  for development carried out in any other zone—900mm, and
(g)    (Repealed)
(h)  to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and
(i)  have a floor height not more than 1m above ground level (existing), and
(j)  if it is a roofed structure attached to a dwelling—not extend above the roof gutter line of the dwelling, and
(j1)  be no higher than 3m at its highest point above ground level (existing), and
(k)  if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and
(l)  be constructed or installed so that any roofwater is disposed of into an existing stormwater drainage system, and
(m)  not interfere with the functioning of existing drainage fixtures or flow paths, and
(n)  if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and
(o)  if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located behind the building line of any road frontage.
Subdivision 7 Barbecues and other outdoor cooking structures
2.13   Specified development
The construction or installation of a barbecue or other outdoor cooking structure is development specified for this code.
2.14   Development standards
The standards specified for that development are that the development must:
(a)  not have an area of more than 4m2, and
(b)  be not higher than 1.8m above ground level (existing), and
(c)  if it is not on land in Zone RU1, RU2, RU3, RU4 or RU6—be located behind the building line of any road frontage, and
(d)  be located at least 450mm from each lot boundary, and
(e)  not be used for commercial purposes.
Subdivision 8
2.15, 2.16  (Repealed)
Subdivision 8A Bollards
2.16A   Specified development
The construction or installation of a bollard is development specified for this code.
2.16B   Development standards
The standards specified for that development are that the development must:
(a)  be not higher than 1.4m above ground level (existing), and
(b)  not have a diameter of more than 600mm, and
(c)  be associated with any of the following development:
(i)    (Repealed)
(ii)  commercial premises,
(iii)  premises used for light industry,
(iv)  warehouse or distribution centre, and
(d)  not reduce any existing means of entry to, or exit from, any such associated development or the lot on which it is situated.
Subdivision 9 Cabanas, cubby houses, ferneries, garden sheds, gazebos and greenhouses
2.17   Specified development
The construction or installation of a cabana, cubby house, fernery, garden shed, gazebo or greenhouse is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item, on land in a foreshore area or in an environmentally sensitive area.
2.18   Development standards
(1)  The standards specified for that development are that the development must:
(a)    (Repealed)
(b)  not have a floor area of more than:
(i)  on land in Zone RU1, RU2, RU3, RU4, RU6 or R5—50m2, or
(ii)  on land in any other zone—20m2, and
(c)  be not higher than 3m above ground level (existing), and
(d)  be located at a distance from each lot boundary of at least:
(i)  for development carried out in Zone RU1, RU2, RU3, RU4, RU6 or R5—5m, or
(ii)  for development carried out in any other zone—900mm, and
(e)  if it is not on land in Zone RU1, RU2, RU3, RU4 or RU6—be located behind the building line of any road frontage, and
(f)  not be a shipping container, and
(g)  be constructed or installed so that roofwater is disposed of without causing a nuisance to adjoining owners, and
(h)  to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials if it is located on land in a residential zone, and
(i)  if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and
(j)  if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and
(k)  if it is located adjacent to another building—be located so that it does not interfere with the entry to, or exit from, or the fire safety measures contained within, that building, and
(l)  be a Class 10 building and not be habitable, and
(m)  be located at least 1m from any registered easement.
(2)  There must not be more than 2 developments per lot.
Subdivision 10 Carports
2.19   Specified development
The construction or installation of a carport is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item or on land in a foreshore area.
2.20   Development standards
(1)  The standards specified for that development are that the development must:
(a)  not result in a building classified under the Building Code of Australia as class 7a, and
(b)  not have a floor area more than:
(i)  for a lot larger than 300m2 in a rural zone or Zone R5—50m2, or
(ii)  for a lot larger than 300m2 in a zone other than a rural zone or Zone R5—25m2, or
(iii)  for a lot 300m2 or less in any zone—20m2, and
(c)  be not higher than 3m above ground level (existing) or, if attached to an existing single storey dwelling, be not higher than the roof gutter line, and
(d)  be located at least 1m behind the building line of any road frontage, and
(e)  be located at a distance from each lot boundary of at least:
(i)  for development carried out in Zone RU1, RU2, RU3, RU4, RU6 or R5—5m, or
(ii)  for development carried out in any other zone—900mm, and
(f)    (Repealed)
(g)  to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and
(h)  not involve the construction of a new driveway or gutter crossing unless the consent of the relevant road authority for each opening of a public road required for the development has been obtained under the Roads Act 1993, and
(i)  be constructed or installed so that any roofwater is disposed of into the existing stormwater drainage system, and
(j)  if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and
(k)    (Repealed)
(l)  if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and
(m)  if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and
(n)  be located so that it does not reduce vehicular access to, or parking or loading or unloading on, or from, the lot.
Note.
 See the definition of carport in clause 1.5 (1) that sets out additional requirements for carports.
(2)  The roof of the development must be located at least 500mm from each lot boundary.
(3)  There must not be more than 1 development:
(a)  per lot if there is a dwelling on the lot, or
(b)  per lot or per each separate occupation of premises on the lot, whichever is the greater, in any other case.
Subdivision 10A Change of use of premises
2.20A   Specified development
A change of use from a current use specified in a category in Column 1 of the Table to this clause to a use specified in the corresponding category in Column 2 of the Table to this clause is development specified for this code.
Table
Column 1 Current use
Column 2 New use
Category 1
Category 1
business premises
business premises
office premises
office premises
shop
shop
 
kiosk
public administration building
public administration building
Category 2
Category 2
landscaping material supplies
landscaping material supplies
hardware and building supplies
hardware and building supplies
garden centre
garden centre
plant nursery
plant nursery
rural supplies
rural supplies
timber yard
timber yard
vehicle sales or hire premises
 
Category 3
Category 3
general industry
light industry (other than artisan food and drink industry)
light industry (other than artisan food and drink industry)
packaging industry
packaging industry
warehouse or distribution centre (other than local distribution premises)
warehouse or distribution centre (other than local distribution premises)
wholesale supplies
wholesale supplies
self-storage premises
2.20B   Development standards
The standards specified for that development are that:
(a)  the current use must be a lawful use, and
(b)  the current use must not be an existing use within the meaning of section 4.65 of the Act, and
(c)  the new use must be permissible with consent under an environmental planning instrument applying to the land on which the development is carried out, and
(d)  the new use must not result in a change of building classification under the Building Code of Australia, unless the change of use is from a class 5 building to a class 6 building, or from a class 6 building to a class 5 building, and the building meets all the relevant provisions of that code for the new use, and
(e)  the new use must not be carried out at premises that are a manufactured home, moveable dwelling or associated structure, temporary structure, tent, swimming pool, ship or vessel, and
(f)  the new use must not be any of the following:
(i)  food and drink premises,
(ii)  a funeral chapel,
(iii)  a funeral home,
(iv)  retail premises where firearms within the meaning of the Firearms Act 1996 are sold,
(v)  landscaping material supplies,
(vi)  a market,
(vii)  premises that are a beauty salon or hair dressing salon,
(viii)  premises where a skin penetration procedure within the meaning of section 51 of the Public Health Act 1991 is carried out,
(ix)  restricted premises,
(x)  a roadside stall,
(xi)  sex services premises,
(xii)  vehicle sales or hire premises, and
(g)  the new use must not involve building alterations, other than alterations that are exempt development under this Policy, and
(h)  the new use must not result in an increase in the gross floor area of any building within which it is carried out, and
(i)  the new use must not cause the contravention of any existing condition of the most recent development consent (other than a complying development certificate) that applies to the premises relating to hours of operation, noise, car parking, vehicular movement, traffic generation, loading, waste management and landscaping, and
(j)  if there is no such existing condition applying to the premises relating to the hours of operation, the premises must only operate between 7.00 am and 7.00 pm on any day.
Note.
 Certain types of uses are subject to a maximum floor area to be permissible development in a particular zone under the relevant environmental planning instrument. In those cases, the maximum floor area requirement for that use must be complied with for a change of use to be exempt development.
Subdivision 10B Change of use of places of public worship
2.20C   Specified development
A change from a current use to a new use that is a change from a place of public worship to another place of public worship is development specified for this code.
2.20D   Development standards
The standards specified for that development are that:
(a)  the current use must be a lawful use, and
(b)  the current use must not be an existing use within the meaning of section 4.65 of the Act, and
(c)  the new use must not cause the contravention of any existing condition of the most recent development consent (other than a complying development certificate) that applies to the premises relating to hours of operation, noise, car parking, vehicular movement, traffic generation, loading, waste management and landscaping, and
(d)  the new use must not increase or create significant adverse environmental impacts by reason of noise, waste products or traffic generation.
Subdivision 10C Charity bins and recycling bins
2.20E   Specified development
The construction or installation of a charity bin or recycling bin is development specified for this code.
2.20F   Development standards
The standards specified for that development are that the development must:
(a)  be associated with commercial premises or a place of public worship, and
(b)  if located on the same lot as the commercial premises or place of public worship—be wholly located within the lot and not located on a road or road reserve, and
(c)  not result in more than 3 such bins on one lot, and
(d)  be located behind the building line of any road frontage, and
(e)  be operated by a person or organisation that is the holder of an authority under the Charitable Fundraising Act 1991, and
(f)  not display any advertising other than details of the person or organisation that operates it, and
(g)  not cause the contravention of any existing condition of the most recent development consent (other than a complying development certificate) that applies to the premises relating to car parking, loading, vehicular movement, waste management and landscaping.
Subdivision 11 Clothes hoists and clothes lines
2.21   Specified development
The construction or installation of a clothes hoist or clothes line is development specified for this code if it is not constructed or installed on land in a foreshore area.
2.22   Development standards
The standards specified for that development are that the development must:
(a)  be located behind the building line of any road frontage, and
(b)  if it is constructed or installed on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.
Subdivision 12 Container recycling equipment
2.23   Specified development
(1)  The following development is specified for this code:
(a)  the erection on land of a reverse vending machine or a container collection cage,
(b)  the erection or operation of a mobile reverse vending machine.
(2)  The development is not development specified for this code if it is carried out on land in a residential or rural zone, unless:
(a)  the land is lawfully used for the purposes of a community facility, an educational establishment or any other building or place used for the physical, social, cultural or intellectual development or welfare of the community, or
(b)  the development is carried out in connection with a commercial, community or retail event or a private function.
(3)  In this Subdivision:
container collection cage means a cage, or other structure, that is designed to store containers deposited at collection points.
container recycling equipment means:
(a)  a reverse vending machine, or
(b)  a mobile reverse vending machine, or
(c)  a container collection cage.
erection or operation of a mobile reverse vending machine means:
(a)  the erection on land of a mobile structure that is fitted with a reverse vending machine, or
(b)  the operation of a reverse vending machine on land from a vehicle.
mobile reverse vending machine means a vehicle, or mobile structure, that is fitted with a reverse vending machine.
Noise Policy means the document entitled NSW Industrial Noise Policy published by the Environment Protection Authority and in force as at the commencement of this Subdivision.
2.23A   Development in car parks
The following development is specified for this code:
(a)  the erection on land that may lawfully be used for the purposes of a car park of a reverse vending machine, a container collection cage or a mobile structure that is fitted with a reverse vending machine,
(b)  the operation of a reverse vending machine from a vehicle on land that may lawfully be used for the purposes of a car park.
2.24   Development standards
(1)  The standards specified for development specified in clause 2.23 or 2.23A are that:
(a)  the container recycling equipment must not restrict any vehicular or pedestrian access to or from, or entry to any building on, the land on which the equipment is located, and
(b)  the container recycling equipment must not obstruct the operation of, or access to, any utility services on the land on which the equipment is located or on adjacent land, and
(c)  the container recycling equipment must, if erected outdoors:
(i)  be constructed of material that protects the equipment from weathering, and
(ii)  be painted or treated to protect the equipment from weathering, and
(iii)  in the case of a reverse vending machine or mobile reverse vending machine—be constructed so that any opening created is adequately weather proofed, and
(d)  the container recycling equipment must be constructed of low reflective materials, and
(e)  the container recycling equipment must be provided with lighting that complies with AS/NZS 1158.3.1:2005 Lighting for roads and public spaces, Part 3.1: Pedestrian area (Category P) lighting—Performance and design requirements, and
(f)  the container recycling equipment must not redirect the flow of any surface water or ground water or cause sediment to be transported onto an adjoining property, and
(g)  the container recycling equipment must not:
(i)  emit noise at a level that is more than 70 dB(A), measured in accordance with the Noise Policy, or
(ii)  emit noise that is audible within residential or office premises on any lot adjoining the lot on which the equipment is located, or
(iii)  emit noise at a level that is more than 5 dB(A) above background noise when measured at any adjoining property boundary in accordance with the Noise Policy, and
(h)  any display screen affixed externally to the container recycling equipment must not be more than 50cm in length or 30cm in width, and
(i)  the development must not result in any damage to public property on the land on which the container recycling equipment is located or on adjacent land (except any damage resulting from securing or affixing the container recycling equipment to the ground as a safety measure), and
(j)    (Repealed)
(k)  arrangements must be made for the removal of waste or recyclable materials likely to be generated as a result of the development or the operation of the container recycling equipment, and
(l)  the siting, design and construction of the container recycling equipment must meet all of the requirements imposed by the Environment Protection Authority under the container deposit scheme, and
Note.
 The EPA has published a Design Guide for Container Recycling Equipment and Facilities under the Container Deposit Scheme. The Design Guide can be accessed at www.planning.nsw.gov.au or www.epa.nsw.gov.au.
(m)  the container recycling equipment must not display any signage other than signage approved by the Environment Protection Authority under the container deposit scheme, and
(n)  if the container recycling equipment is development specified in clause 2.23A—the area occupied by the equipment must not exceed the greater of the following areas:
(i)  the area comprising 3 car parking spaces,
(ii)  42m2, and
(o)  if it is the erection of a reverse vending machine—the machine must:
(i)  not have a floor area of more than 50m2, and
(ii)  not be more than 3m in height, 10m in width or 5m in depth, and
(iii)  not be erected within 5m of any residential premises, and
(p)  if it is the erection of a reverse vending machine or a container collection cage—the machine or cage must not be erected within 2m of any street or right of way, and
(q)  if it is the erection of a container collection cage—the cage must:
(i)  be located in a car park or commercial premises, and
(ii)  not have a floor area of more than 15m2, and
(iii)  not be more than 3m in height, and
(r)  if it is the erection or operation of a mobile reverse vending machine in connection with a commercial, community or retail event or a private function—the machine must not be parked or located:
(i)  on the land for more than 2 days before the event or for more than 2 days after the event, or
(ii)  within 2m of any street intersection or right of way, and
(s)  if it is the erection or operation of a mobile reverse vending machine in connection with a commercial or retail event—the reverse vending machine contained in the mobile reverse vending machine must operate only:
(i)  between 7.00 am and 11.00 pm on a Monday, Tuesday, Wednesday or Thursday, and
(ii)  between 7.00 am and 12.00 am on a Friday or Saturday, and
(iii)  between 8.00 am and 8.00 pm on a Sunday.
(2)  Despite subclause (1) (n), the equipment may occupy an additional car parking area in addition to the area specified in that paragraph if:
(a)  an environmental planning instrument, development control plan or condition of a development consent that is in force requires the car park to provide a minimum number of car parking spaces, and
(b)  the car park provides a number of car parking spaces that exceeds the minimum number required (the additional spaces).
(3)  The additional car parking area is the greater of the following areas:
(a)  an area comprising not more than 3 of the additional spaces,
(b)  an area not exceeding 42m2.
Note.
 A structure on public land or on or over a public road requires the prior approval of the relevant authority under the Local Government Act 1993 or the Roads Act 1993, respectively.
See note 2 to this Part for examples of other requirements that apply in addition to the requirements of this code.
Subdivision 13 Demolition
2.25   Specified development
Demolition of development specified as exempt development under this code, if it is not carried out on or in a heritage item or a draft heritage item or on or in a heritage conservation area or a draft heritage conservation area, is development specified for this code.
2.26   Development standards
The standards specified for that development are that the development must be carried out in accordance with AS 2601—2001, The demolition of structures.
Note.
 A building constructed before 1987 may contain asbestos. Businesses are licensed to undertake asbestos removal work under the Occupational Health and Safety Regulation 2001 (refer to Working with Asbestos: Guide 2008 (ISBN 0 7310 5159 9) published by the WorkCover Authority). If the work is not undertaken by a licensed contractor it should still be undertaken in a manner that minimises risks (refer to Fibro & Asbestos—A Renovator and Homeowner’s Guide at http://more.nsw.gov.au). Information on the removal and disposal of asbestos to landfill sites licensed to accept this waste is available from the Department of Environment, Climate Change and Water.
Subdivision 14 Driveways and hard stand spaces
2.27   Specified development
The following development is specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item, in a heritage conservation area or a draft heritage conservation area, on land in a foreshore area or in an environmentally sensitive area:
(a)  the construction or installation of a driveway associated with access to an open hard stand space, a carport, a loading bay or a garage,
(b)  the construction or installation of a hard stand space associated with a driveway, whether open or part of a carport.
2.28   Development standards
The standards specified for that development are that the development must:
(a)  be constructed or installed so that any surface water or runoff is disposed of by a drainage system that is connected to the existing stormwater drainage system, and
(b)  be constructed in accordance with AS/NZS 2890.1:2004, Parking facilities, Part 1: Off-street car parking or AS: 2890.2—2002, Parking facilities, Part 2: Off-street commercial vehicle facilities, and
(c)  if the development is ancillary development to a dwelling—not require cut or fill more than 600mm below or above ground level (existing), and
(d)  if the development is not ancillary development to a dwelling—not require cut or fill more than 1m below or above ground level (existing), and
(e)  if the development is a driveway:
(i)  not be wider than the open hard stand space, carport or garage with which it is associated, and
(ii)  be constructed in accordance with the relevant road authority’s policy and specifications on vehicle and driveway crossings, and
(iii)  be subject to written consent from the relevant roads authority (if required under section 138 of the Roads Act 1993) for the building of any kerb, crossover or driveway, and
(f)  if the development is a hard stand space:
(i)  measure at least 2.6m wide by 5.4m long, and
(ii)  have an area of not more than 20m2, and
(iii)  if the development is ancillary to a dwelling—be located at least 1m behind the building line of any road frontage (other than a laneway) and at least 900mm from each side or rear boundary, and
(iv)  in any other case—be located clear of any required landscaped area, and
(g)  if the development is constructed or installed in a residential zone or rural zone—not result in the total area of all driveways or hard stand spaces, pathways and paved areas on the lot exceeding 15% of the area of the lot or 150m2, whichever is the lesser, and
(h)  if constructed or installed in a residential zone:
(i)  if a lot has a width at the front building line of not more than 18m—have at least 25% of the area forward of the building line as landscaped area, and
(ii)  if a lot has a width at the front building line of more than 18m—have at least 50% of the area forward of the building line as landscaped area.
Subdivision 15 Earthworks, retaining walls and structural support
2.29   Specified development
Earthworks and the construction or installation of a retaining wall or other form of structural support is development specified for this code if it is not carried out, constructed or installed on or in a heritage item or a draft heritage item, on a flood control lot or in an environmentally sensitive area.
2.30   Development standards
The standards specified for that development are that the development must:
(a)  not be a cut or fill of more than 600mm below or above ground level (existing), and
(b)  be located at least 1m from each lot boundary, and
(c)  if it is carried out, constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and
(d)  be located at least 40m from a waterbody (natural), and
(e)  not redirect the flow of any surface water or ground water or cause sediment to be transported onto an adjoining property, and
(f)  if it is a retaining wall or structural support for excavation or fill, or a combination of both:
(i)  be not be more than 600mm high, measured vertically from the base of the development to its uppermost portion, and
(ii)  be separated from any retaining wall or other structural support on the site by at least 2m, measured horizontally, and
(iii)  be located at least 1m from any registered easement, sewer main or water main, and
(iv)  have adequate drainage lines connected to the existing stormwater drainage system for the site, and
(g)  if the fill is more than 150mm deep—not occupy more than 25% of the area of the lot, and
(h)  if the fill is imported to the site—be free of building and other demolition waste, and only contain virgin excavated natural material (VENM) as defined in Part 3 of Schedule 1 to the Protection of the Environment Operations Act 1997, and
(i)  if the land is in a rural zone—not be fill of more than 100 cubic metres on each lot.
Note.
 It is an offence to transport waste to a place other than an appropriate and lawful waste facility (see section 143 of the Protection of the Environment Operations Act 1997).
Subdivision 15AA Emergency work and temporary repairs
2.30AA   Specified development
The temporary repair of any damage to a building or structure caused by an event that constitutes a significant and widespread danger to life or property in any zone in an area declared by an order under section 33 of the State Emergency and Rescue Management Act 1989 to be an area where a state of emergency exists is development specified for this code.
2.30AB   Development standards
The standards specified for that development are that the development must:
(a)  be carried out within 6 months of the declaration being made, and
(b)  not change the configuration of the floor space of the building or structure being repaired, and
(c)  not increase the floor space of the building or structure being repaired, and
(d)  be to make the building or structure weatherproof and, if a dwelling, suitable for habitation.
Subdivision 15A Evaporative cooling units (roof mounted)
2.30A   Specified development
(1)  The construction or installation of a roof mounted evaporative cooling unit on land in Climate Zone 4 is development specified for this code if it is not carried out on or in a heritage item or a draft heritage item.
(2)  For the purposes of this clause, land is in Climate Zone 4 if it is within an area identified as Zone 4 of the Climate Zones for Thermal Design in the Building Code of Australia.
Note.
 For air-conditioning units see clause 2.5.
2.30B   Development standards
The standards specified for that development are that the development must:
(a)  be for residential uses only, and
(b)  be located at least 3m from each side boundary, and
(c)  be not higher than 1.8m above the highest point of the roof of the building on which it is mounted, and
(d)  be constructed or installed so that any opening created is adequately weather proofed, and
(e)  not involve work that reduces the structural integrity of the building, and
(e1)  be designed so as not to operate:
(i)  during peak time—at a noise level that is more than 5 dB(A) above the ambient background noise level measured at any property boundary, or
(ii)  during off peak time—at a noise level that is audible in habitable rooms of adjoining residences, and
(f)  if it is located on bush fire prone land—be constructed of non-combustible material and be adequately sealed or protected to prevent the entry of embers, and
(g)  if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard and must not be visible from a public road.
Note.
 For further information about noise control see the Noise Guide for Local Government (ISBN 978 1 74232 942 0) published by the Department of Environment, Climate Change and Water NSW in October 2010.
Subdivision 16 Farm buildings (other than stock holding yards, grain silos and grain bunkers)
2.31   Specified development
The construction or installation of a farm building (other than a stock holding yard, grain silo or grain bunker) that is not used for habitable purposes is development specified for this code if it is:
(a)  constructed or installed on land in Zone RU1, RU2, RU3, RU4 or RU6, and
(b)  not constructed or installed on or in a heritage item or a draft heritage item or in an environmentally sensitive area, and
(c)  not constructed or installed on land shown on any relevant Procedures for Air Navigation Services—Aircraft Operations Map prepared by the operator of an aerodrome or airport operating within 2 kilometres of the proposed development and for which a PANS-OPS surface is identified that may compromise the effective and on-going operation of the relevant aerodrome or airport.
Note 1.
 Farm building is defined in the Standard Instrument as a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling.
Note 2.
 Subdivisions 16A and 16B make special provision for farm buildings that are stock holding yards, grain silos or grain bunkers.
2.32   Development standards
(1)  The following standards are specified for that development:
(a)  the development must not be higher than:
(i)  for a landholding that has an area of less than 10ha—7m above ground level (existing), and
(ii)  for a landholding that has an area of 10ha or more—10m above ground level (existing),
(b)  if the development is located on land that is identified for the purposes of an environmental planning instrument as “Land with scenic and landscape values” on a Scenic and Landscape Values Map or as “Scenic Protection Area” on a Scenic Protection Map or Scenic Protection Area Map—it must not be higher than 7m,
(c)  if the development:
(i)  is on a landholding that has an area of more than 4ha, and
(ii)  is on a landholding in relation to which the natural ground at any point within 100m of the ridgeline of any hill is at least 20m lower than the ridgeline, and
(iii)  is located within 100m of that ridgeline,
it must be sited on the landholding so that the highest point of the development is at least 5m below that ridgeline,
(d)  subject to paragraph (e), the footprint of a farm building must not exceed 200m2,
(e)  the footprint of all farm buildings (other than grain bunkers) on a landholding must not exceed the footprint shown in the following table:
Landholding area
Maximum footprint of all farm buildings (other than grain bunkers)
0–4ha
2.5% of the area of the landholding
>4ha–10ha
1,000m2
>10ha
2,000m2
(f)  the development must be located at least 20m from any road boundary and have a minimum setback from any other boundary as shown in the table to this paragraph:
Building footprint
Minimum setback from boundary
0–100m2
10m
>100m2–200m2
50m
(g)  a farm building must be located at least 6m from any other farm building (including any farm building that is a stock holding yard, grain silo or grain bunker) on the landholding or on an adjoining landholding,
(h)  the development must be located at least 50m from a waterbody (natural),
(i)  the development must be designed by, and constructed in accordance with the specifications of, a professional engineer,
(j)  if the development is a shipping container, there must not be more than the following number of shipping containers per landholding:
(i)  for a landholding that has an area of less than 400ha—1,
(ii)  for a landholding that has an area of 400ha or more—5,
(k)  the development must not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 2 kilometres of the proposed development and reported to the Civil Aviation Safety Authority,
(l)  despite clause 2.30 (a), excavation for the purposes of structural supports may exceed a depth of 600mm, measured from ground level (existing), unless the land is identified for the purposes of an environmental planning instrument as Class 1–5 on an Acid Sulfate Soils Map.
(2)  In this clause, footprint means the area of the ground surface occupied by a building, including the walls, footings and roofing of the building, and extending to the perimeter of the foundations and other means of structural support to the building, but does not include the area of access ramps, eaves and sunshade devices.
Note 1.
 There are other existing legislative requirements relating to the clearance of power lines, substations and Obstacle Limitation Surfaces near airport flight paths.
Note 2.
 The consent of the appropriate roads authority is required under section 138 of the Roads Act 1993 for the carrying out of certain works in relation to roads, including the building of any crossover or creating road access.
Subdivision 16A Stock holding yards not used for sale of stock
2.32A   Specified development
(1)  The construction or installation of a farm building that is a stock holding yard that is not used for habitable purposes is development specified for this code if it:
(a)  is constructed or installed on land in Zone RU1, RU2 or RU6, and
(b)  is used for the purpose of the short-term storage or watering of stock, and
(c)  does not include or comprise a stock and sale yard, and
(d)  in the case of development that has a footprint greater than 200m2—is not carried out on unsewered land to which State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 applies, if that development will result in a site disturbance area of more than 250m2.
(2)  In this clause, footprint means the area of the ground surface occupied by a building, including the walls, footings and roofing of the building, and extending to the perimeter of the foundations and other means of structural support to the building, but does not include the area of access ramps, eaves and sunshade devices.
Note.
 Stock and sale yard is defined in the Standard Instrument as a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock.
2.32B   Development standards
The following standards are specified for that development:
(a)  a stock holding yard:
(i)  must be fenced around its perimeter, and
(ii)  must not be roofed,
(b)  any fencing erected in or around the perimeter of the stock holding yard must not be higher than 4.5m above ground level (existing),
(c)  the development must be located at least 10m from any road boundary and at least 200m from any other boundary,
(d)  the development must be located at least 200m from any dwelling that is located on land on the opposite side of a road that separates the landholding on which the development is located and that other lot,
(e)  the development must be located at least 6m from any other farm building (including any farm building that is a grain silo or grain bunker) on the landholding or on an adjoining landholding,
(f)  the development must be located at least 100m from a waterbody (natural).
Note.
 The consent of the appropriate roads authority is required under section 138 of the Roads Act 1993 for the carrying out of certain works in relation to roads, including the building of any crossover or creating road access.
Subdivision 16B Grain silos and grain bunkers
2.32C   Specified development
(1)  The construction or installation of a farm building that is a grain silo or grain bunker that is not used for habitable purposes is development specified for this code if it is:
(a)  constructed or installed on land in Zone RU1, RU2 or RU6, and
(b)  used for the purpose of the storage of grain that has been produced on the landholding, and
(c)  not constructed or installed on land shown on any relevant Procedures for Air Navigation Services—Aircraft Operations Map prepared by the operator of an aerodrome or airport operating within 2 kilometres of the proposed development and for which a PANS-OPS surface is identified that may compromise the effective and on-going operation of the relevant aerodrome or airport, and
(d)  in the case of development that has a footprint greater than 200m2—not carried out on unsewered land to which State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 applies, if that development will result in a site disturbance area of more than 250m2.
(2)  In this clause, footprint means the area of the ground surface occupied by a building, including the walls, footings and roofing of the building, and extending to the perimeter of the foundations and other means of structural support to the building, but does not include the area of access ramps, eaves and sunshade devices.
2.32D   Development standards—general
The following standards are specified for that development:
(a)  the development must not be constructed or installed on a landholding with an area of less than 40ha,
(b)  the development must be located at least 15m from any road boundary and at least 100m from any other boundary,
(c)  the development must be located at least 100m from any dwelling,
(d)  the development must be located at least 6m from any other farm building (including any farm building that is a stock holding yard) on the landholding or on an adjoining landholding,
(e)  the development must be located at least 50m from a waterbody (natural),
(f)  if the development:
(i)  is on a landholding in relation to which the natural ground at any point within 100m of the ridgeline of any hill is at least 20m lower than the ridgeline, and
(ii)  is located within 100m of that ridgeline,
it must be sited on the landholding so that the highest point of the development is at least 5m below that ridgeline,
(g)  the development must not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 2 kilometres of the proposed development and reported to the Civil Aviation Safety Authority,
(h)  if the development is located within 13km of an airfield or aerodrome—the development must be adequately sealed or protected to prevent the entry of wildlife,
(i)  despite clause 2.30 (a), excavation for the purposes of structural supports may exceed a depth of 600mm, measured from ground level (existing), unless the land is identified for the purposes of an environmental planning instrument as Class 1–5 on an Acid Sulfate Soils Map.
Note 1.
 There are other existing legislative requirements relating to the clearance of power lines and Obstacle Limitation Surfaces near airport flight paths.
Note 2.
 The consent of the appropriate roads authority is required under section 138 of the Roads Act 1993 for the carrying out of certain works in relation to roads, including the building of any crossover or creating road access.
2.32E   Development standards—grain silos
(1)  The following additional standards are specified for that development if the development is a grain silo:
(a)  it must not be higher than:
(i)  in the case of a landholding that has an area of 40ha or more but less than 100ha—7m above ground level (existing), and
(ii)  in the case of a landholding that has an area of 100ha or more—15m above ground level (existing),
(b)  it must not have a footprint greater than 200m2,
(c)  it must not have a footprint that would result in the footprint of all farm buildings (other than grain bunkers) on the landholding exceeding the footprint shown in the following table:
Landholding area
Maximum footprint of all farm buildings (other than grain bunkers)
0–4ha
2.5% of the area of the landholding
>4ha–10ha
1,000m2
>10ha
2,000m2
(d)  if the development is located on land that is identified for the purposes of an environmental planning instrument as “Land with scenic and landscape values” on a Scenic and Landscape Values Map or as “Scenic Protection Area” on a Scenic Protection Map or Scenic Protection Area Map—it must not be higher than 7m,
(e)  it must be constructed in accordance with the Code of Practice entitled “Safety Aspects in the Design of Bulk Solids Containers Including Silos, Field Bins and Chaser Bins” as published on the website SafeWork NSW and amended from time to time,
(f)  in the case of a grain silo that is sealed—it must be designed and sealed in accordance with sections 2 and 3 of AS 2628-2010, Sealed grain-storage silos – Sealing requirements for insect control,
(g)  it must not result in more than 5 silos being erected on a landholding.
(2)  In this clause, footprint means the surface area covered by a built structure that has either a roof or a floor installed as a fixture, or both, excluding the area of access ramps, eaves, sunshade devices, hard surfaces for parking or landscaping associated with the structure.
2.32F   Development standards—grain bunkers
(1)  The following additional standards are specified for that development if the development is a grain bunker:
(a)  it must not be higher than 7m above ground level (existing),
(b)  it must not have a footprint that would result in the footprint of all grain bunkers on the landholding exceeding 7,000m2,
(c)  if the development is located on land that is identified as “Land with scenic and landscape values” on a Scenic and Landscape Values Map or as “Scenic Protection Area” on a Scenic Protection Map or Scenic Protection Area Map—it must not have a footprint greater than 200m2,
(d)  any structural elements, including any wall or concrete floor slab, of the development must be constructed in accordance with the specifications of a professional engineer,
(e)  despite clause 2.30, it must not require cut or fill more than 1m below or above ground level (existing) and any cut or fill must only be carried out wholly within a 50m radius of the grain bunker,
(f)  it must not cause the redirection of the flow of any surface water or ground water or cause sediment to be transported onto an adjoining landholding,
(g)  it must be not be located over any registered easement, sewer main or water main.
(2)  In this clause, footprint means the area of the ground surface occupied by a building, including the walls, footings and roofing of the building, and extending to the perimeter of the foundations and other means of structural support to the building, excluding the area of access ramps, eaves and sunshade devices.
Note 1.
 It is an offence to transport waste to a place other than an appropriate and lawful waste facility (see section 143 of the Protection of the Environment Operations Act 1997).
Note 2.
 The consent of the appropriate roads authority is required under section 138 of the Roads Act 1993 for the carrying out of certain works in relation to roads, including the building of any crossover or creating road access.
Note 3.
 Subdivision 15 of Division 1 of Part 2 contains additional requirements relating to earthworks.
Subdivision 17 Fences (certain residential zones and Zone RU5)
2.33   Specified development
The construction or installation of a fence on land within Zone R1, R2, R3, R4 or RU5 is development specified for this code if it is not constructed or installed:
(a)  on a lot, or along a common boundary of a lot, that contains a heritage item or a draft heritage item, or
(b)  along the boundary of, or within the setback area of, a primary or secondary road within a heritage conservation area or draft heritage conservation area, or
(c)  on a flood control lot, or
(d)  on land that is identified as being in a foreshore area.
Note.
 If the fence is a dividing fence, the Dividing Fences Act 1991 also applies.
2.34   Development standards
(1)  The standards specified for development specified in clause 2.33 are that the development must:
(a)  not be higher than 1.8m above ground level (existing), and
(b)  not be of masonry construction to a height that is more than 1.2m above ground level (existing), and
(c)  if it includes an entrance gate—not have a gate that opens outwards, and
(d)  if it is located in a core koala habitat or potential koala habitat within the meaning of State Environmental Planning Policy No 44—Koala Habitat Protection or in a movement corridor used by koalas—be constructed or installed in accordance with any relevant council policy or guideline under that Policy, and
(e)  if it is located on bush fire prone land—be constructed of non-combustible materials or hardwood, and
(f)  if it is constructed of metal components—be of low reflective, factory pre-coloured materials, and
(g)  not be an electrical fence or use barbed wire.
(2)  Despite subclause (1), any fence located along the boundary of, or within the setback area to, a primary or secondary road must:
(a)  not be more than 1.2m above ground level (existing), and
(b)  be open for at least 20% of the area of the fence that is more than 400mm above ground level (existing), with any individual solid element of the fence above this height being no more than 350mm in width with a minimum aperture of 25mm.
(3)  If a lot has a frontage to a secondary road or roads, subclause (2) only applies to 50% of the length of all contiguous secondary road boundaries, measured from the corner with the primary road boundary.
(4)  Subclause (2) (b) does not apply to the part of the fence along the side boundary and within the setback area to the primary road.
(5)  Despite subclauses (1) and (2), if the fence is erected on a sloping site and stepped to accommodate the fall in the land:
(a)  a fence that is required to be not more than 1.2m above ground level (existing), must not be more than 1.5m above ground level (existing) at each step, and
(b)  a fence that is required to be not more than 1.8m above ground level (existing), must not be more than 2.2m above ground level (existing) at each step.
Subdivision 17A Fences for swimming pools (certain residential zones and Zone RU5)
2.34A   Specified development
The construction or installation of a fence on land within Zone R1, R2, R3, R4 or RU5 is development specified for this code if it forms a barrier to a swimming pool.
2.34B   Development standards
The standards specified for that development are that the development must comply with the requirements of the Swimming Pools Act 1992.
Subdivision 18 Fences (certain rural zones, environment protection zones and Zone R5)
2.35   Specified development
The construction or installation of a fence on land within Zone RU1, RU2, RU3, RU4 or RU6, an environment protection zone or Zone R5 is development specified for this code if it is not constructed or installed:
(a)  on a lot, or along a common boundary of a lot, that contains a heritage item or a draft heritage item, or
(b)  along the boundary of, or within the setback area of, a primary or secondary road within a heritage conservation area or draft heritage conservation area.
Note.
 If the fence is a dividing fence, the Dividing Fences Act 1991 also applies.
2.36   Development standards
(1)  The standards specified for that development are that the development must:
(a)  not be higher than 1.8m above ground level (existing), and
(b)  not include any masonry construction that extends more than 3m from either side of the entrance to the property from the primary road, and
(c)  be constructed using post and wire or post and rail, and
(d)  if it includes an entrance gate—not have a gate that opens outwards, and
(e)  if it is located in a core koala habitat or potential koala habitat within the meaning of State Environmental Planning Policy No 44—Koala Habitat Protection or in a movement corridor used by koalas—be constructed or installed in accordance with any relevant council policy or guideline under that Policy, and
(f)  if it is located on bush fire prone land—be constructed of non-combustible materials or hardwood, and
(g)  if it is constructed of metal components—be of low reflective, factory pre-coloured materials, and
(h)  if it is electrical fencing—be constructed in accordance with AS/NZS 3014:2003, Electrical installations–electrical fences, and
(i)  if it is constructed or installed on a flood control lot—not redirect or interrupt the flow of surface or ground water on that lot.
(2)  Despite subclause (1), if the fence is erected on a sloping site and stepped to accommodate the fall in the land the fence may be not more than 2.2m above ground level (existing) at each step.
Subdivision 19 Fences (business and industrial zones)
2.37   Specified development
The construction or installation of a fence within a business or industrial zone is development specified for this code if it is not constructed or installed:
(a)  on a lot, or along a common boundary of a lot, that contains a heritage item or a draft heritage item, or
(b)  along the boundary of, or within the setback area of, a primary or secondary road within a business zone, or
(c)  on a flood control lot, or
(d)  on land that is identified as being in a foreshore area.
Note.
 If the fence is a dividing fence, the Dividing Fences Act 1991 also applies.
2.38   Development standards
(1)  The standards specified for that development are that the development must:
(a)  not be higher than 3m above ground level (existing), and
(b)  not be of masonry construction to a height that is more than 1.2m above ground level (existing), and
(c)  if it includes an entrance gate—not have a gate that opens outwards, and
(d)  if it is located in a core koala habitat or potential koala habitat within the meaning of State Environmental Planning Policy No 44—Koala Habitat Protection or in a movement corridor used by koalas—be constructed or installed in accordance with any relevant council policy or guideline under that Policy, and
(e)  if it is located on bush fire prone land—be constructed of non-combustible materials or hardwood, and
(f)  if it is constructed of metal components—be of low reflective, factory pre-coloured materials, and
(g)  not be an electrical fence or use barbed wire.
(2)  Despite subclause (1):
(a)  any fence located along the boundary of a site that adjoins land within a residential zone must be open for at least 75% of the area of the fence that is more than 1.8m above ground level (existing), and
(b)  any fence located on the boundary of, or within the setback area of, a road must be open for at least 75% of the area of the fence that is more than 1.2m above ground level (existing).
Subdivision 19A
2.38A, 2.38B  (Repealed)
Subdivision 20 Flagpoles
2.39   Specified development
The construction or installation of a free-standing flagpole is development specified for this code.
2.40   Development standards
(1)  The standards specified for that development are that the development must:
(a)  be not higher than 6m above ground level (existing), and
(b)  not have a diameter of more than 90mm, and
(c)  be located at least 3m from each side and rear boundary.
(2)  There must not be more than 1 development per lot.
(3)  Any flag flown from the development must not have an area of more than 2.5m2 and must not be used for advertising.
Subdivision 20A Footpaths—outdoor dining
2.40A   Specified development
The use of a footway or public open space within the meaning of the Roads Act 1993 as an outdoor dining area associated with lawful food and drink premises is development specified for this code.
2.40B   Development standards
The standards specified for that development are that the development must:
(a)  not be associated with a pub or a small bar, and
(b)  be carried out in accordance with an approval granted under section 125 of the Roads Act 1993, including in accordance with any hours of operation to which the approval is subject, and
(c)  be carried out in accordance with any approval granted under section 68 of the Local Government Act 1993.
Subdivision 21 Fowl and poultry houses
2.41   Specified development
The construction or installation of a fowl or poultry house is development specified for this code if it is:
(a)  constructed or installed on land in a residential or rural zone, and
(b)  not constructed or installed on or in a heritage item or a draft heritage item, and
(c)  not constructed or installed on land in a foreshore area.
2.42   Development standards
(1)  The standards specified for that development are that the development must:
(a)  if the development is constructed or installed on land in Zone R1, R2, R3, R4, R5 or RU5:
(i)  be not higher than 3m above ground level (existing), and
(ii)  not have a floor area of more than 15m2, and
(iii)  be located in the rear yard, and
(iv)  for development on land in Zone R5—not house more than 10 fowl or poultry, and
(v)  for development on any other land—not house more than 5 fowl or poultry and not house any roosters, and
(b)  if the development is constructed or installed on land in Zone RU1, RU2, RU3, RU4 or RU6:
(i)  be not higher than 7m above ground level (existing), and
(ii)  not have a floor area of more than 50m2, and
(b1), (b2)    (Repealed)
(c)  be located at least 3m from each lot boundary, and
(d)  if it houses fowls (including guinea fowls) only—be located at least 4.5m from any dwelling, public hall, school or premises used for the manufacture, preparation, sale or storage of food, and
(e)  if it houses other types of poultry—be located at least 30m from any dwelling, public hall, school or premises used for the manufacture, preparation, sale or storage of food, and
(f)  be enclosed to prevent the escape of poultry, and
(g)  be constructed or installed so that roofwater is disposed of without causing a nuisance to adjoining owners, and
(h)  to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials if it is located on land in a residential zone, and
(i)  if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and
(j)  if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.
(2)  There must not be more than 1 development per lot.
Subdivision 21AA Fuel tanks and gas storage
2.42AA   Specified development
The construction or installation of an above ground fuel tank or gas storage facility for agricultural activity is development specified for this code if it is constructed or installed on a lot in a rural zone that is larger than 2ha and is not constructed or installed in an environmentally sensitive area.
2.42AB   Development standards
The standards specified for that development are that the development must:
(a)  not have a capacity of more than:
(i)  for a fuel tank—5,000 L, or
(ii)  for a gas tank—1,000 L, and
(b)  be located at least 20m from the primary road frontage of the lot and at least 10m from each other lot boundary, and
(c)  be bunded with the capacity to contain at least 110% of the capacity of the tank, and
(d)  if a fuel tank—be constructed of prefabricated metal, be freestanding and installed in accordance with the requirements of AS 1940–2004, The storage and handling of flammable and combustible liquids, and
(e)  if a gas tank—be designed and constructed in accordance with the requirements of AS/NZS 1596:2008, The storage and handling of LP Gas by a professional engineer, and
(f)  not be used for advertising, and
(g)  be located at least 1m from any registered easement, sewer main or water main.
Note.
 Other existing legislative requirements still apply in relation to work place health and safety issues.
Subdivision 21A Garbage bin storage enclosure
2.42A   Specified development
The construction or installation of a garbage bin storage enclosure is development specified for this code if it is not carried out on land in a foreshore area.
2.42B   Development standards
(1)  The standards specified for that development are that the development must:
(a)  be for a dwelling house only, and
(b)  be located at least 1m behind the building line of any road frontage, and
(c)  be located at least 450mm from each side and rear boundary, and
(d)  if it is constructed of metal components—be of low reflective, factory pre-coloured materials, and
(e)  if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and
(f)  if it is constructed or installed on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and
(g)  be located at least 1m from any registered easement.
(2)  There must not be more than 1 development per lot.
Subdivision 21B
2.42C, 2.42D  (Repealed)
Subdivision 22 Home businesses, home industries and home occupations
2.43   Specified development
A home business, a home industry or a home occupation that does not involve the manufacture of food products or skin penetration procedures is development specified for this code.
2.44   Development standards
The standards specified for this 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 3.20 of the Act applies, comply with the applicable standards specified under clause 5.4 (2) and (3) of that plan.
Note 1.
 The elements that must comprise this development are specified in the definition of home business, home industry or home occupation the Standard Instrument.
Note 2.
 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 23
2.45, 2.46  (Repealed)
Subdivision 23A Hot water systems
2.46A   Specified development
The construction or installation of a hot water heater or a hot water storage tank is development specified for this code.
2.46B   Development standards
The standards specified for that development are that the development must:
(a)  not be a solar hot water system, and
(a1)  if it uses a heat pump water heater, be designed so as not to operate:
(i)  during peak time—at a noise level that is more than 5 dB(A) above the ambient background noise level measured at any property boundary, or
(ii)  during off peak time—at a noise level that is audible in habitable rooms of adjoining residences, and
(b)  if constructed or installed externally and on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area:
(i)  not be located on a roof, and
(ii)  be located in the rear yard.
Note 1.
 See note relating to Solar Hot Water Systems.
Note 2.
 For further information about noise control in relation to heat pump water heaters, see the NSW Government’s Noise Guide for Local Government published in 2010 (ISBN 978 1 74232 942 0).
Subdivision 24 Landscaping structures
2.47   Specified development
The construction or installation of a landscaping structure (including a garden arch), other than a retaining wall is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item or on land in a foreshore area.
2.48   Development standards
The standards specified for that development are that the development must:
(a)  be not higher than 2.1m above ground level (existing), and
(b)  be not wider than 1.5m, and
(c)  be located at least 900mm from each lot boundary, and
(d)  not comprise masonry construction higher than 1m from ground level (existing), and
(e)  if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.
Subdivision 25 Letterboxes
2.49   Specified development
The construction or installation of a letterbox, whether free standing or in banks, is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item.
2.50   Development standards
(1)  The standards specified for that development are that the development must:
(a)  be not higher than 1.2m above ground level (existing), and
(b)  be visible from the road alignment, and
(c)  have appropriate numbering that is visible from the road alignment.
(2)    (Repealed)
Subdivision 25A Maintenance of buildings in draft heritage conservation areas
2.50A   Specified development
The maintenance of a building in a draft heritage conservation area comprising only:
(a)  painting, plastering, cement rendering, or cladding, or
(b)  the repair or replacement of an external window, glazing areas or a door (other than those on bush fire prone land), or
(c)  the repair or replacement of a non-structural wall or roof cladding, or
(d)  the repair or replacement of a balustrade,
is development specified for this code if it is not constructed or installed on or in, or in relation to, a heritage item or draft heritage item.
2.50B   Development standards
The standards specified for that development are that the development must:
(a)  reproduce the existing materials, finish and design of the building so as not to alter its appearance, and
(b)  not result in an increase of floor area or alter the layout of the building, and
(c)  not comprise the making of, or an alteration to the size of, any opening in a wall or roof, such as a doorway, window or skylight, and
(d)  not reduce the existing fire resistance level of a wall or roof, and
(e)  if located on bush fire prone land:
(i)  be adequately sealed or protected to prevent the entry of embers, and
(ii)  use equivalent or improved quality materials, and
(f)  not affect any existing fire resisting components of the building, and
(f1)  if the development involves cladding:
(i)  not be carried out on any building other than a 1 or 2 storey dwelling house, attached development or detached development, and
(ii)  not involve the use of external combustible cladding, and
(g)  not affect the means of egress from the building in an emergency.
Subdivision 26 Minor building alterations (internal)
2.51   Specified development
(1)  A minor internal building alteration for the replacement or renovation of:
(a)  a doorway, wall, ceiling or floor lining, or
(b)  a deteriorated frame member, including stairs and stairwells, or
(c)  a bathroom or kitchen, or
(d)  a built in fixture such as a vanity, a cupboard or a wardrobe, or
(e)  an existing sanitary fixture, such as a grease trap or the like, or
(f)  shelving or racking that is not higher than 2.7m, or
(g)  a work station or counter,
is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item.
(2)  The installation of new or replacement insulation material in the ceiling, floor or wall of a building is development specified for this code.
2.52   Development standards
The standards specified for that development are that the development must:
(aa)  not be an alteration to a food preparation area in food and drink premises, and
(a)  if it is the replacement or renovation of a deteriorated frame member—be of equivalent or improved quality materials, and
(b)  not include a change to the configuration of a room, whether by removal of an existing wall, partition or other means, and
(c)  not cause reduced window arrangements for light and ventilation needs, reduce the size of a doorway or involve the enclosure of an open area, and
(d)  not affect the load bearing capacity (whether vertical or horizontal) of a building, and
(e)  not include a change to the fire resisting components of, or interfere with the entry to, or exit from, or the fire safety measures contained within, a building, and
(f)  if it is the installation of new or replacement insulation material in a dwelling, it must be in accordance with Part 3.12.1 of the Building Code of Australia.
Subdivision 27 Minor building alterations (external)
2.53   Specified development
A minor external non-structural building alteration, such as the following:
(a)  painting, plastering, cement rendering, cladding, attaching fittings or decorative work,
(b)  the replacement of an external window, glazing areas or a door (other than those on bush fire prone land),
(c)  the repair to or replacement of a non-structural wall or roof cladding,
(d)  the installation of a security screen or grill to a door or window or a security door,
(e)  the repair to or replacement of a balustrade,
(f)  restumping or repairing structure foundations without increasing the height of the structure,
is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area.
2.54   Development standards
The standards specified for that development are that the development must:
(a)  not comprise the making of, or an alteration to the size of, any opening in a wall or roof, such as a doorway, window or skylight, and
(b)  not reduce the existing fire resistance level of a wall or roof, and
(c)  if located on bush fire prone land:
(i)  be adequately sealed or protected to prevent the entry of embers, and
(ii)  use equivalent or improved quality materials, and
(d)  not affect any existing fire resisting components of the building, and
(d1)  if the development involves cladding or is attaching fittings or decorative work:
(i)  not be carried out on any building other than a 1 or 2 storey dwelling house, attached development or detached development, and
(ii)  not involve the use of external combustible cladding, and
(e)  not affect the means of egress from the building in an emergency, and
(f)  if it is the installation of a security screen or grill to a door or window or a security door:
(i)  be for the purposes of a dwelling, or
(ii)  be for any other purpose so long as:
(A)  the screen or grill is installed for a door or window that is situated at least 5m from the boundary of any road, or
(B)  the security door is installed at least 5m from the boundary of any road.
Note.
 See separate entry for skylights.
Subdivision 27A Mobile food and drink outlets
2.54A   Specified development
The carrying out of the retail sale of food, drinks and related products on land from a mobile outlet such as a food truck, van, cart or other similar vehicle is development specified for this code.
2.54B   Development standards
The standards specified for that development are that the development must:
(a)  have the consent of the owner of the land on which the development is carried out or, if a council or public authority has the control and management of the land, the consent, in writing, of the council or public authority, and
(b)  not restrict any vehicular or pedestrian access to or from the land or entry to any building on the land, and
(c)  not obstruct the operation of, or access to, any utility services on the land or on adjacent land, and
(d)  not be located within the canopy of, or result in damage to, any tree growing on the land or on adjacent land, and
(e)  not result in any damage to public property on the land or on adjacent land, and
(f)  if carried out on land within or immediately adjacent to a residential zone—only be carried out between 7.00 am and 7.00 pm on any day, and
(g)  if located on a public place—have any approval required under section 68 of the Local Government Act 1993, and
(h)  if located on private land—be limited to 1 development on that land and not contravene any conditions of a development consent for any other use carried out on the land.
Note.
 A registrable vehicle within the meaning of the Road Transport (Vehicle Registration) Regulation 2007, or a cart, bicycle cart or the like must operate in accordance with the Guidelines for mobile food vending vehicles (NSW/FA/F1055/1302) published by the NSW Food Authority in February 2013, and any requirements of the Food Act 2003.
Subdivision 28 Pathways and paving
2.55   Specified development
(1)  The construction or installation of a pathway or paving, including any paving of a deck, pergola, patio or terrace is development specified for this code.
(2)  Subclause (1) does not include any paving of a driveway, hard stand space or turning or parking area to be used by vehicles for any purpose, including the delivery or loading of goods.
2.56   Development standards
The standards specified for that development are that the development must:
(a)  be constructed or installed so that any surface water or runoff is disposed of by a drainage system that is connected to the existing stormwater drainage system, and
(b)  if constructed or installed in a residential zone or Zone RU5:
(i)  not require cut or fill more than 600mm below or above ground level (existing), and
(ii)  not result in the total area of all paved areas (including driveways and hard stand spaces) on the lot exceeding 15% of the area of the lot or 150m2, whichever is the lesser, and
(c)  if constructed or installed in a residential zone:
(i)  on a lot that has a width at the front building line of not more than 18m—have at least 25% of the area forward of the building line as landscaped area, and
(ii)  on a lot that has a width at the front building line of more than 18m—have at least 50% of the area forward of the building line as landscaped area, and
(d)  if constructed or installed in a zone (other than a residential zone or Zone RU5):
(i)  not require cut or fill more than 1m below or above ground level (existing), and
(ii)  not reduce any required landscaped area along a boundary with a road or an adjoining lot on which a dwelling is located.
Note.
 The Standard Instrument defines landscaped area as a part of a site used for growing plants, grasses and trees, but not including any building, structure or hard paved area.
Subdivision 29 Playground equipment
2.57   Specified development
The construction or installation of playground equipment is development specified for this code.
2.58   Development standards
The standards specified for that development are that the development must:
(a)    (Repealed)
(b)  be not higher than 2.5m above ground level (existing), and
(b1)  be located at least 450mm from each side and rear boundary, and
(c)  if it is on land in Zone R1, R2, R3 or R4—be located in the rear yard.
(d)    (Repealed)
Subdivision 30 Portable swimming pools and spas and child-resistant barriers
2.59   Specified development
The construction or installation of a portable swimming pool or spa or a child-resistant barrier that is required under the Swimming Pools Act 1992 is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item or on land in a foreshore area.
2.60   Development standards
(1)  The standards specified for that development, if it is the construction or installation of a portable swimming pool or spa, are that the development must:
(a1)  be for residential uses only, and
(a)  be located in the rear yard, and
(b)  be located at least 1m from each lot boundary, and
(c)  not exceed 2,000 L in capacity, and
(d)  not require structural work for installation, and
(e)  not impact on the structural stability of any building.
(2)  A child-resistant barrier must be constructed or installed in accordance with the requirements of the Swimming Pools Act 1992.
Subdivision 31 Privacy screens
2.61   Specified development
The construction or installation of a privacy screen that is not attached to a boundary fence or retaining wall is development specified for this code if it is not constructed or installed on land in a foreshore area.
2.62   Development standards
(1)  The standards specified for that development are that the development must:
(a)  if attached to a balcony, deck, patio, terrace or verandah—be at least 1.7m, but not more than 2.2m, above the finished floor level of that development, and
(b)  if located on the ground—be not higher than 2.5m above ground level (existing), and
(c)  be not longer than 5m, and
(d)  be located at least 900mm from each lot boundary, and
(e)  be located in the rear yard.
(2)  There must not be more than 2 such privacy screens erected under this clause on any lot.
Subdivision 32 Rainwater tanks (above ground)
2.63   Specified development
The construction or installation of a rainwater tank above ground is development specified for this code if it is not constructed or installed on land in a foreshore area or in an environmentally sensitive area.
2.64   Development standards
(1)  The standards specified for that development are that the development must:
(a)  if it is on land other than land in Zone RU1, RU2, RU3, RU4, RU6, R5, E2, E3 or E4:
(i)    (Repealed)
(ii)  not have a capacity more than 10,000 L, and
(iii)  be located at least 450mm from each lot boundary, if the tank has a height of more than 1.8m above ground level (existing), and
(b)  if it is on land in Zone RU1, RU2, RU3, RU4, RU6, R5, E2, E3 or E4—be located at least 10m from each lot boundary, and
(c)  be located behind the building line of any road frontage, and
(d)  not rest on the footings of an existing building for support, and
(e)  not require cut and fill of more than 1m below or above ground level (existing), and
(f)  be fitted with a screened rain head designed to ensure self-cleaning and prevent leaf litter entering into the water tank, and
(g)  be fitted with a first-flush device incorporating an automatic resetting valve that causes initial run-off rainwater to bypass the tank, and
(h)  be constructed or installed with inlets and outlets designed to prevent mosquitoes breeding in it, and
(i)  have its overflow connected to an existing stormwater drainage system that does not discharge to an adjoining property, or cause a nuisance to adjoining owners, and
(j)  have a sign affixed to it with a statement to the effect that the water in the tank is rainwater, and
(k)  if it is constructed or installed on or in a heritage item or a draft heritage item—be located in the rear yard.
(2)  Pumps attached to the development must be housed in an enclosure that is soundproofed.
(3)  If reticulated water is provided to the lot, the development must not be interconnected with any system supplying drinking water to the lot unless it complies with the relevant water authority’s requirements.
(4)    (Repealed)
Subdivision 33 Rainwater tanks (below ground)
2.65   Specified development
The construction or installation of a rainwater tank below ground is development specified for this code if:
(a)  it is constructed or installed on land in Zone RU1, RU2, RU3, RU4, RU6 or R5, and
(b)  it is not constructed or installed on land that is identified on an Acid Sulfate Map as being Class 1–5, and
(c)  it is not constructed or installed on land that is identified as an environmentally sensitive area.
2.66   Development standards
(1)  The standards specified for that development are that the development must:
(a)  be fitted with a first-flush device that causes initial run-off rainwater to bypass the tank, and
(b)  have a sign affixed to it stating the water in it is rainwater, and
(c)  be constructed or installed to prevent mosquitoes breeding in it, and
(d)  have its overflow connected to an existing stormwater drainage system that does not discharge to an adjoining property, or cause a nuisance to adjoining owners, and
(e)  if it is constructed or installed on or in a heritage item or a draft heritage item—be located in the rear yard.
(2)  Pumps attached to the development must be housed in an enclosure that is soundproofed.
(3)  If reticulated water is provided to the lot, the development must not be interconnected with any system supplying drinking water to the lot unless it complies with the relevant water authority’s requirements.
Subdivision 33A Roller shutter doors adjoining lanes
2.66A   Specified development
The installation of a roller shutter door on a boundary adjoining a lane is development specified for this code.
2.66B   Development standards
The standards specified for that development are that the development must:
(a)  be associated with a hard stand, garage or carport, and
(b)  have a width of not greater than 4.5m, and
(c)  not be higher than 3m above ground level (existing), and
(d)  not encroach on the lane, and
(e)  comply with AS/NZS 2890.1:2004 Parking facilities, Part 1: Off-street parking.
Subdivision 34
2.67, 2.68  (Repealed)
Subdivision 35 Screen enclosures (of balconies, decks, patios, pergolas, terraces and verandahs)
2.69   Specified development
The construction or installation of a screen by attaching it to a balcony, deck, patio, pergola, terrace or verandah of a dwelling is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item.
2.70   Development standards
The standards specified for that development are that the development must:
(a)  not have a solid enclosing wall higher than 1.4m above the floor level of the structure it is enclosing, and
(b)  if it encloses a structure attached to the ground level of a single storey dwelling or the upper level of a two storey dwelling—not be higher than the roof gutter line, and
(c)  if it encloses a structure attached to the ground level of a two storey dwelling—not be higher than 3m above the floor level of the structure it is enclosing, and
(d)  if it encloses a freestanding structure—not be higher than 3m above the floor level of the structure it is enclosing, and
(e)  if it encloses a structure attached to the upper level of a two storey dwelling—not enclose an area of more than 9m2, and
(f)  be located behind the building line of any road frontage, and
(g)  be located at least 900mm from each lot boundary, and
(h)  to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and
(i)  if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and
(j)  if it is not located on bush fire prone land—have at least two-thirds of its perimeter comprising open screen mesh material, and
(j1)  if it is located on bush fire prone land—cover all openings, including any sub-floor areas, operable windows, vents and eaves, and be made of a non-corrosive metal material with a maximum aperture of 2mm, and
(k)  if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and
(l)  if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—not be attached to any balcony, deck, patio, pergola, terrace or verandah that faces any road.
Subdivision 36 Shade structures of canvas, fabric, mesh or the like
2.71   Specified development
The construction or installation of a shade structure of canvas, fabric, mesh or the like is development specified for this code if it is not constructed or installed on land in a foreshore area.
Note.
 See separate entry for awnings, blinds and canopies.
2.72   Development standards
The standards specified for that development are that the development must:
(a)    (Repealed)
(b)  not have an area more than:
(i)  if for residential uses—20m2, or
(ii)  if it is constructed or installed for the purposes of a centre-based child care facility in a residential zone—40m2, or
(iii)  if it is constructed or installed for the purposes of a centre-based child care facility in a zone other than a residential zone—60m2, or
(iv)  if it is constructed or installed for the purposes of any other use—30m2, and
(c)  not cause the total area of all such structures on the lot to be more than 15% of the ground floor area of all buildings on the lot, and
(d)  not be higher than 3m from ground level (existing), and
(e)  be located at a distance from each lot boundary of at least:
(i)  if the development is carried out in Zone RU1, RU2, RU3, RU4, RU6 or R5—5m, or
(ii)  in any other case—900mm, and
(f)  be located behind the building line of any road frontage, and
(g)  to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and
(h)  if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and
(i)  not interfere with the functioning of existing drainage fixtures or flow paths, and
(j)  if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and
(k)  if it is constructed or installed on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and
(l)  if it is constructed or installed for the purposes of a centre-based child care facility—be constructed of non-combustible material.
Subdivision 36A
2.72A, 2.72B  (Repealed)
Subdivision 37 Skylights, roof windows and ventilators
2.73   Specified development
(1)  The construction or installation of a skylight, roof window or ventilator is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item.
(2)  Development referred to in subclause (1) is not exempt development if it is constructed or installed on land in the local government area of Coonamble, Gilgandra, Warrumbungle Shire or that part of the local government area of Dubbo Regional that was formerly in the City of Dubbo.
2.74   Development standards
The standards specified for that development are that the development must:
(aa)  be for residential uses only, and
(a)  not cause the total area of all such structures to be more than 2% of the total roof area of the building, and
(b)  be located at least 900mm from each lot boundary, and
(c)  be located at least 900mm from a wall separating attached dwellings, and
(d)  be constructed or installed so that any opening created is adequately weather proofed, and
(e)  not involve work that reduces the structural integrity of the building, and
(f)  if located on bush fire prone land—be adequately sealed or protected to prevent entry of embers, and
(g)  if constructed or installed in a heritage conservation area or a draft heritage conservation area—not be visible from any road frontage.
Note.
 Development for the purposes of small wind turbine systems or solar energy systems (ie a photovoltaic electricity generating system, solar hot water system or solar air heating system) is specified as exempt development under Division 4 of Part 3 of State Environmental Planning Policy (Infrastructure) 2007.
Subdivision 38 Subdivision
2.75   Specified development
The subdivision of land, for the purpose only of any one or more of the following, is development specified for this code:
(a)  widening a public road,
(b)  a realignment of boundaries:
(i)  that is not carried out in relation to land on which a heritage item or draft heritage item is situated, and
(ii)  that will not create additional lots or increase the number of lots with a dwelling entitlement or increase the opportunity for additional dwellings, and
(iii)  that will not result in any lot that is smaller than the minimum size specified in an environmental planning instrument in relation to the land concerned (other than a lot that was already smaller than that minimum size), and
(iv)  that will not adversely affect the provision of existing services on a lot, and
(v)  that will not result in any increased fire risk to existing buildings, and
(vi)  if located in Zone RU1, RU2, RU3, RU4, RU6, E1, E2, E3 or E4—that will not result in more than a minor change in the area of any lot, and
(vii)  if located in any other zone—that will not result in a change in the area of any lot by more than 10%,
(c)    (Repealed)
(d)  rectifying an encroachment on a lot,
(e)  creating a public reserve,
(f)  excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public toilets.
2.76   Development standards
Note.
 (At the commencement of this clause no standards were specified.)
Subdivision 39 Sculptures and artworks
2.77   Specified development
The installation and display of any outdoor sculpture or other form of freestanding artwork is development specified for this code if it is not constructed or installed on or in a heritage item or draft heritage item, in a heritage conservation area or draft heritage conservation area or on land in a foreshore area.
2.78   Development standards
The standards specified for that development are that the development must:
(a)  be approved by the owner of the land on which it is installed or, if it is installed on a public road, be approved by the relevant roads authority (within the meaning of the Roads Act 1993), and
(b)  be structurally sound and securely fixed with any moveable parts securely attached, and
(c)  not give rise to any noise or other nuisance to any adjoining property, and
(d)  if installed on land in a residential zone—be not more than 3m in height and 3m in diameter, and
(e)  if installed on land in any other zone—be not more than 6m in height, and
(f)  if installed on land adjoining land in a residential zone—must be wholly located at least 3m from the boundary with that adjoining land.
Subdivision 39A
2.78A, 2.78B  (Repealed)
Subdivision 39B Tennis courts
2.78C   Specified development
The construction or installation of a tennis court is development specified for this code if it is:
(a)  constructed or installed on a lot with a size of at least 1ha in a rural zone or Zone R5, and
(b)  not constructed or installed on or in a heritage item, a draft heritage item, a heritage conservation area or a draft heritage conservation area or in an environmentally sensitive area.
2.78D   Development standards
(1)  The standards specified for that development are that the development must:
(a)  be for residential uses only and associated with a dwelling, and
(b)  be located behind the building line of any road frontage, and
(c)  not have lighting, and
(d)  not require cut or fill more than 600mm below or above ground level (existing), and
(e)  have a setback from a side or rear boundary of at least 5m.
(2)  There must not be more than 1 development per lot.
Subdivision 39C Waste storage containers
2.78E   Specified development
The installation of a waste storage container in a public place (within the meaning of the Local Government Act 1993) is development specified for this code.
2.78F   Development standards
The standards specified for that development are that the development must be located in accordance with an approval granted under the Local Government Act 1993.
Subdivision 40 Water features and ponds
2.79   Specified development
The construction or installation of a water feature or pond is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item.
2.80   Development standards
(1)  The standards specified for that development are that the development must:
(a)  not have a water depth of more than 300mm, and
(a1)  not have a surface area of more than 10m2, and
(b)  if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard.
(2)  Despite subclause 1 (a), a pond sump may be placed in a water feature or pond below a water depth of 300mm if the sump is covered with a bolted or anchored grate that is capable of supporting a weight of 150kg.
Subdivision 40A Waterways structures—minor alterations
2.80A   Specified development
The following works to existing lawful boat sheds, jetties, marinas, pontoons, water recreation structures and wharf or boating facilities are development specified for this code if the works are not carried out on or in a heritage item or a draft heritage item:
(a)  the repair or replacement of the following:
(i)  decking on a boardwalk, gangway, ramp, jetty, landing, landing steps, pontoon or wharf or on any stairs, steps or skids,
(ii)  a handrail or ladder,
(iii)  non-load bearing members,
(b)  non-structural internal or external alterations to an existing lawful boat shed, including painting, plastering or cement rendering,
(c)  the installation of the following:
(i)  emergency items such as lifebuoys and any associated signage,
(ii)  lighting,
(iii)  service pedestals,
(d)  painting or other similarly applied surface treatment that is intended to protect a structure from corrosion or weathering.
2.80B   Development standards
The standards specified for that development are that the development must:
(a)  if it is for the repair or replacement of non-load bearing members:
(i)  use members of like dimension to the members being repaired or replaced, and
(ii)  not modify the footprint for the structure concerned, and
(iii)  use materials that are equivalent to the quality of the existing approved materials being repaired or replaced, and
(b)  if it is for a non-structural internal or external alteration to a boat shed:
(i)  not affect the load bearing capacity of any component of the boat shed, and
(ii)  not involve the use of external combustible cladding, and
(c)  not result in a pile being left exposed within the waterway, and
(d)  if it relates to the surfaces of pontoons, ramps or jetties (including the tops of piles)—be untreated, or stained or painted in recessive colours sympathetic to the existing natural landscape and built form, unless otherwise required for safety reasons, and
(e)  if it is the installation of lighting:
(i)  be for the purpose of aiding pedestrian movement to, from and on the facility and be fixed to the existing structure at a height of no more than 1.5m above the surface used for pedestrian movement, and
(ii)  not exceed 15 lux (being a unit of measurement for illumination) measured at the area to which the lighting is directed, and
(iii)  be designed and located so as not to affect safe navigation or cause any nuisance to neighbours or users of the waterway, and
(f)  if it is the installation of service pedestals:
(i)  be attached to an existing structure and installed in accordance with the manufacturer’s specifications, and
(ii)  not be higher than 1.4m above the level of any wharf or deck on or near which it is located, and
(iii)  not exceed a width or depth of 300mm, and
(g)  if it is pollution control facilities, occupational health and safety measures and environmental management works:
(i)  satisfy any applicable legislative requirements relating to pollution control, and
(ii)  not be undertaken for the purpose of remediating contaminated land, and
(h)  not reduce the amount of light penetration to any water below, and
(i)  not increase the area of the existing footprint of any building, and
(j)  not change the classification of any building under the Building Code of Australia, and
(k)  not involve disturbance of, or injury to, the bed of any waterway or marine vegetation (within the meaning of the Fisheries Management Act 1994), and
(l)  not include a change to the fire resisting components of, or interfere with the entry to or exit from, or the fire safety measures contained within, any building, and
(m)  use recessive colours sympathetic to the existing natural landscape and built form, and
(n)  be consistent with the terms of any applicable development consent, and
(o)  if an approval is required under the Fisheries Management Act 1994—be approved under that Act, and
(p)  if a licence is required under the Protection of the Environment Operations Act 1997—be licenced under that Act.
Subdivision 41 Windmills
2.81   Specified development
The construction or installation of a windmill for purposes other than the generation of electricity is development specified for this code if it is constructed or installed on land in Zone RU1, RU2, RU3, RU4 or RU6.
2.82   Development standards
The standards specified for that development are that the development must:
(a)  be free standing, and
(a1)  be located at least 20m from any road boundary and 5m from each other lot boundary, and
(b)  be designed by a professional engineer, and
(c)  be located at least 1m from any registered easement.
Note.
 There are other existing legislative requirements relating to the clearance of power lines and Obstacle Limitation Surfaces near airport flight paths.