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Contents (2008 - 572)
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State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Current version for 1 July 2019 to date (accessed 19 August 2019 at 23:01)
Part 2 Division 3
Division 3 Temporary Uses and Structures Exempt Development Code
Subdivision 1 General requirements for temporary uses and structures
2.108   General requirements
(1)  To be exempt development under this code, development specified in this Division must:
(a)  have the consent in writing of the owner of the land on which the development is carried out or, if a council or public authority has the control or management of the land, the consent in writing of the council or public authority,
(b)  not restrict any car parking required to be provided by a condition of a development consent applying to the land or any vehicular or pedestrian access to or from the land unless that parking and access is on land owned, controlled or managed by a council or public authority and that council or public authority has given its written consent to the temporary use of the land for the erection of the temporary structure,
(c)  not redirect the flow of any surface water or ground water, or cause sediment to be transported, onto an adjoining property,
(d)  not result in damage to any protected tree growing on the land or on adjacent land,
(e)  if it is the erection of a temporary structure—be erected on a surface that is sufficiently firm and level to sustain the structure while in use,
(f)  if it is the erection of a temporary structure—be able to resist loads determined in accordance with the following Australian and New Zealand Standards:
(i)  AS/NZS 1170.0:2002, Structural design actions, Part 0: General principles,
(ii)  AS/NZS 1170.1:2002, Structural design actions, Part 1: Permanent, imposed and other actions,
(iii)  AS/NZS 1170.2:2011, Structural design actions, Part 2: Wind actions,
(g)  be covered by a policy of insurance taken out by the person carrying out the development that adequately covers the public liability of the person in respect of the carrying out of the development for an amount approved by the owner of the land on which the development is carried out,
(h)  have an approval for the use of the land related to the purpose of the temporary structure, unless the use of the temporary structure is specified as exempt development or is ancillary to the principal use of the land.
(2)  In this clause, any development standard that specifies a separation distance to a side or rear boundary:
(a)  only applies in respect of a boundary with adjoining land that is under a different ownership, and
(b)  does not apply in respect of adjoining land that is owned by the council or other public authority if the written consent of the council or other public authority has been obtained.
Note.
 Under section 68 of the Local Government Act 1993 certain activities require the approval of the council.
Subdivision 2 Scaffolding, hoardings and temporary construction site fences
2.109   Specified development
The construction, installation and removal of a scaffold, hoarding or temporary construction site fence that is used in connection with development that is exempt development or complying development is development specified for this code.
2.110   Development standards
The standards specified for that development are that the development must:
(a)  enclose the work area, and
(b)  if it is a temporary construction site fence adjoining or on a public place—be designed and installed in accordance with AS 4687—2007, Temporary fencing and hoardings, and
(c)  be removed immediately after the work in relation to which it was erected has finished if no safety issue will arise from its removal.
Note 1.
 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.
Note 2.
 The Work Health and Safety Act 2011 and Work Health and Safety Regulation 2011 contain provisions relating to scaffolds, hoardings and other temporary structures.
Subdivision 3 Temporary builders’ structures
2.111   Specified development
The construction or installation of a building site shed, office or associated amenities structure is development specified for this code.
2.112   Development standards
The standards specified for that development are that the development must:
(a)  be located on the lot in relation to which development consent has been granted, and
(b)  if it contains plumbing fixtures—have those fixtures connected to an approved waste water treatment device or an approved connection to the sewer, and
(c)  not be used for residential purposes, and
(d)  be removed from the lot immediately after completion of the works for which the development consent was granted.
Subdivision 4 Filming
2.113   Specified development
Filming is development specified for this code.
2.114   Development standards
The standards specified for that development are as follows:
(a)  the filming may only be carried out on land:
(i)  on which there is a heritage item, or
(ii)  within a heritage conservation area, or
(iii)  identified as an environmentally sensitive area,
if the filming does not involve or result in any of the following:
(iv)  any changes or additions that are not merely superficial and temporary to any part of a heritage item, a heritage conservation area or an environmentally sensitive area,
(v)  the mounting or fixing of any object or article on any part of such an item or area (including any building),
(vi)  the movement, parking or standing of any vehicle or equipment on or over any part of such an item or area that is not specifically designed for the movement, parking or standing of a vehicle or equipment on or over it,
(vii)  any changes to the vegetation on, or level of, such an item or area or any changes to any other natural or physical feature of the item or area,
(b)  the filming must not create significant interference with the neighbourhood,
(c)  if the filming is carried out on private land—the filming must not be carried out for more than 30 days within a 12-month period at the particular location,
(d)  if the filming is to be carried out for more than 2 consecutive days—a filming management plan must be prepared and lodged with the consent authority for the location at least 5 days before the commencement of filming at the location. The plan must contain the following information and be accompanied by the following documents (without limiting the information or documents that may be submitted):
(i)  the name, address and telephone number of the person carrying out the filming (such as a production company) and of the producer for the filming,
(ii)  a brief description of the filming to be carried out (for example, whether it involves a television commercial, a television series, a feature film or a documentary),
(iii)  the proposed location of the filming,
(iv)  the proposed commencement and completion dates for the filming,
(v)  the proposed daily length of filming,
(vi)  the number of persons to be involved in the filming,
(vii)  details of any temporary structures (for example, tents or marquees) to be erected or used at the location for the purposes of the filming,
(viii)  the type of filming equipment to be used in the filming (such as a hand-held or mounted camera),
(ix)  proposed arrangements for parking vehicles associated with the filming during the filming,
(x)  whether there will be any disruption to the location of the filming or the surrounding area and the amenity of the neighbourhood (for example, by the discharge of firearms or explosives, the production of offensive noise or vibrations, disruption to traffic flow or the release of smells, fumes, vapour, steam, soot, ash, dust, waste water, grit or oil),
(xi)  whether the filming will involve the use of outdoor lighting or any other special effects equipment,
(xii)  a copy of the public liability insurance policy that covers the filming at the location,
(xiii)  a copy of any approval given by a public or local authority to carry out an activity associated with the proposed filming, such as the following:
(A)  an approval given by Roads and Maritime Services for the closure of a road,
(B)  an approval given by a council for the erection or use of a temporary structure, closure of a road or a public footpath, or the restriction of pedestrian access,
(C)  an approval given by the Environment Protection Authority for an open fire,
(D)  an approval given by the NSW Police Force for the discharge of firearms,
(E)  an approval given by the Department of Primary Industries, Crown Land Division, for the use of Crown land,
(xiv)  details of any temporary alteration or addition to any building or work at the location for the purposes of the filming,
(e)  if the filming is to be carried out for more than 2 consecutive days—the person carrying out the filming must, at least 5 days before the commencement of filming at the particular location, give notice in writing (by way of a letter-box drop) of the filming to residents within a 50m radius of the location. The notice must contain the following information:
(i)  the name and telephone number of the person carrying out the filming (such as a production company) and of a contact representative of that person,
(ii)  a brief description of the filming to be carried out at the location and of any proposed disruptions to the location or the surrounding area or the amenity of the neighbourhood,
(iii)  the proposed commencement and completion dates for the filming,
(iv)  the proposed daily length of filming.
Subdivision 5 Temporary structures and alterations or additions to buildings for filming purposes
2.115   Specified development
The construction or installation of a temporary structure (other than a tent or marquee), and a temporary alteration or addition to a building or work, solely for filming purposes is development specified for this code.
2.116   Development standards
The standards specified for that development are that the development must:
(a)  be erected, used, altered or added to in connection with filming that is exempt development, and
(b)  not be at the location for more than 30 days within a 12-month period, and
(c)  if it is an alteration or addition to a building or work—not remain in place for more than 30 days within a 12-month period, and
(d)  not, in its altered or added to form, be accessible to the public.
Subdivision 6 Tents or marquees used for filming purposes and private functions
2.117   Specified development
The construction or installation of a tent or marquee used for filming purposes or a wedding, private party or other private function is development specified for this code if it is carried out on any of the following land:
(a)  land within a rural, residential or environment protection zone and used for residential accommodation,
(b)  land in a zone other than a rural, residential or environment protection zone,
(c)  Crown land (within the meaning of the Crown Lands Act 1989),
(d)  land vested in or under the control and management of the council or other public authority of the area in which the development is carried out.
2.118   Development standards
The standards specified for that development are as follows:
(a)  for all tents or marquees being used at the same time—the development must not have a total floor area exceeding 200m2, if located in a residential zone, or 300m2, if located in any other zone,
(b)  if the development is carried out on land used for residential accommodation—each tent or marquee must be located:
(i)  at least 1m from any boundary of the land, and
(ii)  behind any building setback fixed by an environmental planning instrument or development control plan applying to the land,
(c)  if the development is carried out on land not used for residential accommodation—each tent or marquee must be located at least 3m from any boundary of the land,
(d)  each tent or marquee must be erected so as to provide an unobstructed pedestrian circulation area at least 1.5m wide around the perimeter of the tent or marquee, unless it is attached to or abuts a building with no separation,
(e)  each tent or marquee must be erected at ground level,
(f)  each tent or marquee must have the following number of exits arranged so as to afford a ready means of egress from all parts of the tent or marquee to open space or a road:
(i)  1 exit if the tent or marquee has a floor area of not more than 25m2,
(ii)  2 exits if the tent or marquee has a floor area of not more than 100m2,
(iii)  4 exits in any other case,
(g)  if any tent or marquee will include internal seating, stalls, tables or other obstructions, a clear path of travel to any exit no greater than 40m in length must be provided,
(h)  each tent or marquee must have a width for each exit of at least:
(i)  850mm if the floor area of the tent or marquee is less than 150m2, or
(ii)  1m in any other case,
(i)  no tent or marquee can have a wall height exceeding 4m,
(j)  each tent or marquee must have a height, as measured from the surface on which the tent or marquee is erected to the highest point of the tent or marquee, not exceeding 6m,
(k)  no tent or marquee can contain tiered seating,
(l)  any wedding, private party or other private function must take place only during the following periods:
(i)  7.30 am to 11.00 pm on Monday, Tuesday, Wednesday or Thursday,
(ii)  7.30 am to 12.00 am on Friday or Saturday,
(iii)  8.00 am to 8.00 pm on Sunday,
(m)  if the development is carried out for the purposes of a wedding, private party or other private function (unless it is a community event to which Subdivision 7 applies):
(i)  each tent or marquee must not be erected on the land for more than 7 days, and
(ii)  the number of days for which a tent or marquee is erected on the land together with the number of days for which tents or marquees have previously been erected on the land for private functions in the same calendar year must not exceed 30 days,
(n)  in any other case—each tent or marquee must not remain on the land for more than 2 days after the function or after the completion of the filming at the location,
(o)  arrangements must be made for the removal of any waste or recyclable materials likely to be generated as a result of the function or the filming activities.
Subdivision 7 Tents, marquees or booths for community events
2.119   Specified development
The construction or installation of a tent, marquee or booth used for a community event is development specified for this code if it is carried out on land other than land within a rural, residential or environment protection zone.
2.120   Development standards
The standards specified for that development are as follows:
(a)  for all tents, marquees and booths being used at the same time—the development must not have a total floor area exceeding 300m2,
(b)  each tent, marquee or booth must be located at least 3m from any boundary of the land,
(c)  each tent, marquee or booth must be erected so as to provide an unobstructed pedestrian circulation area at least 1.5m wide around the perimeter of the tent, marquee or booth, unless it is attached to or abuts a building with no separation,
(d)  each tent, marquee or booth must be erected at ground level,
(e)  each tent or marquee must have the following number of exits arranged so as to afford a ready means of egress from all parts of the tent or marquee to open space or a road:
(i)  1 exit if the tent or marquee has a floor area of not more than 25m2,
(ii)  2 exits if the tent or marquee has a floor area of not more than 100m2,
(iii)  4 exits in any other case,
(f)  if any tent or marquee will include internal seating, stalls, tables or other obstructions, a clear path of travel to any exit no greater than 40m in length must be provided,
(g)  each tent or marquee must have a width for each exit of at least:
(i)  if the floor area of the tent or marquee is less than 150m2—850mm, or
(ii)  in any other case—1m,
(h)  no tent or marquee can have a wall height exceeding 4m,
(i)  each tent or marquee must have a height as measured from the surface on which the tent or marquee is erected to the highest point of the tent or marquee not exceeding 6m,
(j)  no tent or marquee can contain tiered seating,
(k)  the event must take place only during the following periods (unless it is a community event to which Subdivision 9 applies):
(i)  7.30 am to 11.00 pm on Monday, Tuesday, Wednesday or Thursday,
(ii)  7.30 am to 12.00 am on Friday or Saturday,
(iii)  8.00 am to 8.00 pm on Sunday,
(l)  each tent, marquee or booth must not remain on the land for more than 7 days after the event,
(m)  arrangements must be made for the removal of any waste or recyclable materials likely to be generated as a result of the event.
Subdivision 8 Stages or platforms for private functions
2.121   Specified development
The construction or installation of a stage or platform used for a wedding, private party or other private function is development specified for this code if it is carried out on any of the following land:
(a)  land within a rural, residential or environment protection zone and used for residential accommodation,
(b)  land in a zone other than a rural, residential or environment protection zone,
(c)  Crown land (within the meaning of the Crown Lands Act 1989),
(d)  land vested in or under the control and management of the council or other public authority of the area in which the development is carried out.
2.122   Development standards
The standards specified for that development are as follows:
(a)  the stage or platform must not have a floor area exceeding 50m2,
(b)  if it is development carried out on land used for residential accommodation—the stage or platform must be located:
(i)  at least 1m from any boundary of the land, and
(ii)  behind any building setback fixed by an environmental planning instrument or development control plan applying to the land,
(c)  if it is development carried out on land not used for residential accommodation—the stage or platform must be located at least 3m from any boundary of the land,
(d)  the stage or platform must be erected at ground level,
(e)  the stage or platform must have a height as measured from the surface on which the tent or marquee is erected to the floor of the stage or platform not exceeding 2m,
(f)  a notice indicating the actual distributed and concentrated load for which the stage or platform has been designed must be conspicuously displayed on the stage or platform,
(g)  if it is development carried out on land used for residential accommodation or land in a business or special purpose zone:
(i)  the stage or platform must not be erected on the land for more than 7 days, and
(ii)  the number of days for which the stage or platform is erected on the land together with the number of days for which stages or platforms have previously been erected on the land for private functions in the same calendar year must not exceed 30 days,
(h)  the stage or platform must not remain on the land for more than 2 days after the function,
(i)  arrangements must be made for the removal of any waste or recyclable materials likely to be generated as a result of the function,
(j)  the function must take place only during the following periods:
(i)  7.30 am to 11.00 pm on Monday, Tuesday, Wednesday or Thursday,
(ii)  7.30 am to 12.00 am on Friday or Saturday,
(iii)  8.00 am to 8.00 pm on Sunday.
Subdivision 9 Stages or platforms for community events
2.123   Specified development
The construction or installation of a stage or platform used for a community event is development specified for this code if it is carried out on land other than land within a rural, residential or environment protection zone.
2.124   Development standards
The standards specified for that development are as follows:
(a)  the stage or platform must not have a floor area exceeding 50m2,
(b)  the stage or platform must be located at least 3m from any boundary of the land,
(c)  the stage or platform must be erected at ground level,
(d)  the stage or platform must have a height, as measured from the surface on which the tent or marquee is erected to the floor of the stage or platform, not exceeding 2m,
(e)  a notice indicating the actual distributed and concentrated load for which the stage or platform has been designed must be conspicuously displayed on the stage or platform,
(f)  the community event must take place only during the following periods (unless it is a community event to which Subdivision 11 applies):
(i)  7.30 am to 11.00 pm on Monday, Tuesday, Wednesday or Thursday,
(ii)  7.30 am to 12.00 am on Friday or Saturday,
(iii)  8.00 am to 8.00 pm on Sunday,
(g)  the stage or platform must not be erected on the land for more than 7 days,
(h)  the stage or platform must not remain on the land for more than 2 days after the event,
(i)  arrangements must be made for the removal of any waste or recyclable materials likely to be generated as a result of the event.
Subdivision 10 Major events sites—additional temporary development
2.125   Specified development
(1)  This Subdivision applies to the following land:
(a)  land identified as Circular Quay, Darling Harbour or The Rocks on the Sydney Harbour Foreshore Sites Map within the meaning of State Environmental Planning Policy (Major Development) 2005 and that is within the public domain within the meaning of the Sydney Harbour Foreshore Authority Act 1998, and
(b)  Lots 1 and 3, DP 876516, being the Overseas Passenger Terminal at Circular Quay, and
(c)  Sydney Olympic Park Site as shown marked as such on the State Significant Development Sites Map within the meaning of State Environmental Planning Policy (State and Regional Development) 2011, and
(d)  the Barangaroo site as shown marked as such on the State Significant Development Sites Map within the meaning of State Environmental Planning Policy (State and Regional Development) 2011.
(2)  Development for the purposes of temporary uses in the public domain, including development for the following purposes, is development specified for this code:
(a)  a community event,
(b)  a commercial event (such as a product launch and sampling),
(c)  trading for retail or other commercial purposes (such as providing a temporary dining and drinking area),
(d)  associated storage areas and truck lay-by areas and the like.
2.126   Development standards
The standards specified for that development are as follows:
(a)  if the use is a community or commercial event:
(i)  the period of the use must be for not more than 21 consecutive days, from the start of set-up to the completion of clean-up for the use, and
(ii)  a location must not be used for more than 140 days, inclusive of set-up and clean-up time, in any calendar year,
(b)  if the use is for the operation of a street market carried out, coordinated or managed by a public authority—the use must be for not more than 3 consecutive days and a location must not be used for more than 120 days in any calendar year,
(c)  there must be no permanent physical change to the fabric of the location where the use occurs,
(d)  emergency vehicle access must be maintained to and around the location at all times,
(e)  pedestrian access must be maintained along existing footpaths at the location or barriers must be erected between alternative pedestrian pathways and traffic on any adjoining road,
(f)  the use must not occur before 6.00 am or after midnight on any day, except New Year’s Eve (when the use may occur until 2.00 am the following day),
(g)  set-up time for the use must not start earlier than 6.00 am, or end later than midnight, on any day,
(h)  clean up time for the use must end no later than 2 hours after the use was to stop occurring under paragraph (f),
(i)  temporary flags relating to the use:
(i)  must be attached to existing flagpoles, and
(ii)  must not be displayed for more than 14 days before the use starts, and
(iii)  must be removed within 7 days after the use ends,
(j)  other temporary signs (including freestanding banners):
(i)  must not be more than 2.5m in height, and
(ii)  must not be larger than 1.2m by 2.4m, and
(iii)  must not be displayed for more than 7 days before the use starts, and
(iv)  must be removed within 2 days after the use ends,
(k)  any mobile structures or equipment installed as part of the event, such as video screens, communications equipment and mobile phone towers are to be erected or installed on level ground with secure footings and are to be located so as not to obstruct pedestrian paths of travel.
Subdivision 11 Sydney Cricket Ground—additional temporary development
2.127   Specified development
Development for the purposes of temporary outdoor non-sporting events (such as concerts) and associated equipment, structures and facilities (such as stages, public address systems, food or beverage outlets, video screens and information or ticket booths) is development specified for this code if it is carried out on land described in Schedule 2 to the Sydney Cricket and Sports Ground Act 1978.
2.128   Development standards
The standards specified for that development are as follows:
(a)  the development must comply with any noise controls in a prevention notice issued under the Protection of the Environment Operations Act 1997,
(b)  each event must not have a total duration of more than 14 days,
(c)  each event must comply with any written plan for the management of traffic, parking and vehicle and pedestrian access in relation to the event.
Subdivision 12 Trading hours—temporary extensions for Christmas
2.129   Specified development
The operation of retail premises for 24 hours a day during the period of 2 weeks immediately before 25 December in any year is development specified for this code if:
(a)  it is carried out on land within a business zone, and
(b)  for a food and beverage premises—the premises are not licensed premises, and
(c)  for premises within a mixed-use building—the premises are not on the same floor as one on which a residential use is located or on a floor immediately above or below a floor where a residential use is located.
2.130   Development standards
The standards specified for that development are that the development must:
(a)  be for the operation of premises that are the subject of a development consent, and
(b)  comply with all conditions of the consent for the use of the premises other than any condition that restricts the trading hours of the premises, and
(c)  if the conditions of the consent do not specify hours for the loading or delivery of goods to, or the removal of waste from, the premises—only be carried out between 7.00 am and 7.00 pm on any day
Subdivision 13 Trading hours—temporary extension for licensed premises
2.131   Specified development—extended trading hours of licensed premises generally
The operation of licensed premises for extended trading hours is development specified for this code if:
(a)  there is a development consent under which the development may be carried out at times other than the extended trading hours, and
(b)  the development is authorised by an extended trading authorisation granted under section 49 or 49A of the Liquor Act 2007 for a special occasion (referred to in section 49 (5) (b) or 49A (3) (b) of that Act) of local, State or national significance or by a regulation made under section 13 of that Act in connection with an event of that kind, and
(c)  the premises are not subject premises within the meaning of Division 1A of Part 4 of the Liquor Act 2007 while the freeze period (as referred to in that Division 1A) is in force.
2.131A   (Repealed)
2.131B   Specified development—extended trading hours on new year’s eve for licensed premises across the State
(1)  Despite clause 2.131, the operation of licensed premises during the new year’s eve trading period is development specified for this code if:
(a)  there is a development consent under which the development may be carried out at times other than the new year’s eve trading period, and
(b)  the development is authorised under section 14 (2) (b), 18 (2) (b), 25 (5) or 50 (2) (b) of the Liquor Act 2007 or by an extended trading authorisation or is otherwise permitted in accordance with an exemption under that Act.
(2)  This clause does not limit the operation of any extended trading authorisation that applies in relation to licensed premises.
(3)  In this clause:
extended trading authorisation has the same meaning as in the Liquor Act 2007.
new year’s eve trading period, in relation to licensed premises, means the period from the end of the standard trading period on 31 December 2018 to 2 am on the next succeeding day.
standard trading period has the same meaning as in the Liquor Act 2007.
2.132   Development standards
(1)  The standards specified for any development referred to in clause 2.131 or 2.131B are that the development must not contravene any terms of a development consent that are applicable to the development when carried out at times other than during the extended trading hours under clause 2.131 or the new year’s eve trading period referred to in clause 2.131B.
(2)  Subclause (1) does not apply to a term of a development consent that sets out or restricts the hours of operation of, or trading on, the premises.