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Contents (2008 - 572)
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State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Current version for 25 October 2019 to date (accessed 19 November 2019 at 11:38)
Part 3 Division 2 Clause 3.4
3.4   Complying development on bush fire prone land
(1)  This clause does not apply to the following complying development under this code—
(a)  non-habitable detached development that is more than 10m from any dwelling house,
(b)  landscaped areas,
(c)  non-combustible fences,
(d)  swimming pools.
(2)  If complying development under this code is carried out on bush fire prone land, the following development standards also apply in addition to any other development standards—
(a)  the development will not be carried out on any part of the lot that is bush fire attack level-40 (BAL-40) or in the flame zone (BAL-FZ),
(b)  the lot on which the development is to be carried out must have direct access to a public road or a road vested in or maintained by the council,
(c)  the dwelling house must be able to be connected to mains electricity,
(d)  if reticulated or bottled gas is installed and maintained on the lot—
(i)  it must be installed and maintained in accordance with AS/NZS 1596:2008, The storage and handling of LP Gas, and
(ii)  the storage and handling of any LP gas on the lot must comply with the requirements of the relevant authorities (including the use of metal piping),
(e)  any gas cylinder stored on the lot within 10m of any dwelling house must—
(i)  have its release valves directed away from the dwelling house, and
(ii)  be enclosed on the hazard side of the installation, and
(iii)  have metal connections to and from the cylinder,
(f)  there must not be any polymer sheathed flexible gas supply lines to gas meters adjacent to the dwelling house,
(g)  if the development is carried out on a lot in Zone RU5, there must be—
(i)  a reticulated water supply connection to the lot and a fire hydrant within 60m of any part of the development, or
(ii)  a 10,000 L capacity water tank on the lot,
(h)  if the development is carried out on a lot in any zone other than Zone RU5, there must be—
(i)  a reticulated water supply connection to the lot, and
(ii)  a fire hydrant within 60m of any part of the development,
(i)  the development must comply with the requirements of all of the following—
(i)  Planning for Bush Fire Protection (ISBN 0 9751033 2 6) published by the NSW Rural Fire Service in December 2006,
(ii)  Addendum: Appendix 3 (published by NSW Rural Fire Service in 2010) to Planning for Bush Fire Protection (ISBN 0 9751033 2 6),
(iii)  AS 3959–2009, Construction of buildings in bushfire-prone areas,
(iv)  any other document required by the Environmental Planning and Assessment Regulation 2000 (in accordance with section 4.14 of the Act).
Note 1.
 Attached development, bush fire attack level-40 (BAL-40), council, detached, dwelling house and flame zone (BAL-FZ) are defined in clause 1.5.
Note 2.
 Bush fire prone land, landscaped area, road and swimming pool have the same meanings as they have in the Standard Instrument.
(3)  A development standard specified in subclause (2)(a) is satisfied if the council or a person who is recognised by the NSW Rural Fire Service as a suitably qualified consultant in bush fire risk assessment certifies that the development is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ).