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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 20 June 2019 at 03:34)
Part 3A Division 1
Division 1 Development that is complying development under this code
3A.1   Land to which code applies
This code applies to development that is specified in clauses 3A.2–3A.5 on lots in Zones RU1, RU2, RU3, RU4, RU6 and R5.
3A.2   New single storey and two storey dwelling houses
(1)  The erection of a new single storey or two storey dwelling house is development specified for this code if the development is erected on a lot:
(a)  in Zone RU1, RU2, RU4 or RU6 that has an area of at least 4,000m2, or
(b)  in Zone R5.
(2)  This clause does not apply if the size of the lot is less than the minimum lot size for the erection of a dwelling house under the environmental planning instrument applying to the lot.
3A.2A   Calculating number of storeys
For the purposes of calculating under this code the number of storeys in a dwelling house, any basement (including a garage) is to be counted as a storey.
3A.3   Alterations or additions to existing single storey and two storey dwelling houses
(1)  Alterations or additions to an existing single storey or two storey dwelling house or the addition of a second storey to an existing single storey dwelling house is development specified for this code if the development is erected on a lot:
(a)  in Zone RU1, RU2, RU3, RU4 or RU6 that has an area of at least 4,000m2, or
(b)  in Zone R5.
(2)  Subclause (1) does not include development specified in the Housing Alterations Code.
3A.4   Roof terraces excluded
(1)    (Repealed)
(2)  The erection of a roof terrace on the topmost roof of:
(a)  an existing or a new dwelling house, or
(b)  an existing or a new outbuilding that is detached from a dwelling house,
is not development specified for this code.
3A.5   Ancillary development
(1)  The erection of new ancillary development, or alterations or additions to existing ancillary development, is development specified for this code if the development is ancillary to a dwelling house and erected on a lot:
(a)  in Zone RU1, RU2, RU3, RU4 or RU6 that has an area of at least 4,000m2, or
(b)  in Zone R5.
(2)  Subclause (1) does not include development specified in the Housing Alterations Code.
(3)  Ancillary development that is permitted by a current complying development certificate may be erected on a lot:
(a)  if a dwelling house exists on the lot—at any time, or
(b)  if there is a current development consent or complying development certificate for the construction of a dwelling house on the lot—before the construction of the dwelling house.
Note.
 See clause 1.19 (1) (a) in relation to development that is detached ancillary development or a swimming pool in a heritage conservation area or a draft heritage conservation area.
3A.6   Calculating lot area
For the purpose of calculating the area of a lot, the area of the access laneway is excluded if it is a battle-axe lot.