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Contents (2008 - 572)
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State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Current version for 13 September 2019 to date (accessed 20 September 2019 at 05:45)
Part 3A Division 3 Subdivision 9
Subdivision 9 Development standards for particular land
3A.37   Development standards for bush fire prone land
(1)  This clause applies—
(a)  to all development specified for this code that is carried out on a lot that is wholly or partly bush fire prone land (other than development that is the erection of non-habitable ancillary development that is more than 10m from any dwelling house, landscaping, a non-combustible fence or a swimming pool), and
(b)  in addition to all other development standards specified for this code.
(2)  The development may be carried out on the lot only if—
(a)  the development conforms to the specifications and requirements of the following that are relevant to the development—
(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 (ISBN 0 9751033 2 6, published by NSW Rural Fire Service in 2010) to Planning for Bush Fire Protection (ISBN 0 9751033 2 6),
(iii)  if another document is prescribed by the regulations for the purposes of section 4.14 of the Environmental Planning and Assessment Act 1979—that document, and
(b)  the part of the lot on which the development is to be carried out and any associated access way is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ), and
(c)  the lot has direct access to a public road or a road vested in or maintained by the council, and
(d)  the development is located within 200m of that road, and
(e)  there is sufficient access designed in accordance with the acceptable solutions identified in clause 4.1.3 (2) of Planning for Bush Fire Protection (ISBN 0 9751033 2 6) published by the NSW Rural Fire Service in December 2006, and
(f)  a reticulated water supply is connected to the lot, or a water supply with a 65mm metal Storz outlet with a gate or ball valve is provided for fire fighting purposes on the lot (the gate or ball valve, pipes and tank penetrations are to be designed to allow for a full 50mm inner diameter water flow through the Storz fitting and must be of a metal construction), and
(fa)  the size of the non-reticulated water supply mentioned in paragraph (f) is—
(i)  for a lot with an area no greater than 10,000m2—10,000L, and
(ii)  for a lot with an area greater than 10,000m2—20,000L, and
(g)  reticulated or bottled gas on the lot is installed and maintained in accordance with AS/NZS 1596:2008, The storage and handling of LP Gas and the requirements of relevant authorities (metal piping must be used), and
(g)  all fixed gas cylinders on the lot are located at least 10m from flammable materials and are enclosed on the hazard side of the installation, and
(h)  any gas cylinders on the lot that are within 10m of a dwelling house—
(i)  have the release valves directed away from the dwelling house, and
(ii)  have metal connections to and from the cylinders, and
(i)  there are no polymer sheathed flexible gas supply lines to gas meters adjacent to the dwelling.
Note.
 The requirements of AS 3959—2009, Construction of buildings in bushfire-prone areas set out in the Building Code of Australia also apply.
(3)  A standard specified in subclause (2) (b) is satisfied if one of the following certifies that the development is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ)—
(a)    (Repealed)
(b)  a person who is recognised by the NSW Rural Fire Service as a suitably qualified consultant in bush fire risk assessment, or
(c)  the council.
Note.
 More information about the categories of bush fire attack, including the flame zone, can be found in Table A3.4.2 of Addendum: Appendix 3 (ISBN 0 9751033 2 6 and published by NSW Rural Fire Service in 2010) to the publication titled Planning for Bush Fire Protection (ISBN 0 9751033 2 6) published by NSW Rural Fire Service in 2006.
3A.38   Complying development on flood control lots
(1)  Development under this code must not be carried out on any part of a flood control lot, other than a part of the lot that the council or a professional engineer who specialises in hydraulic engineering has certified, for the purposes of the issue of the complying development certificate, as not being any of the following—
(a)  a flood storage area,
(b)  a floodway area,
(c)  a flow path,
(d)  a high hazard area,
(e)  a high risk area.
(2)  Development that is carried out under this code on any part of a flood control lot must meet the following requirements—
(a)  if there is a minimum floor level adopted in a development control plan by the relevant council for the lot, the development must not cause any habitable room in the dwelling house to have a floor level lower than that floor level,
(b)  any part of the dwelling house or any ancillary development that is erected at or below the flood planning level is constructed of flood compatible material,
(c)  any part of the dwelling house or any ancillary development that is erected is able to withstand the forces exerted during a flood by water, debris and buoyancy up to the flood planning level (or if an on-site refuge is provided on the lot, the probable maximum flood level),
(d)  the development must not result in increased flooding elsewhere in the floodplain,
(e)  the lot must have pedestrian and vehicular access to a readily accessible refuge at a level equal to or higher than the lowest habitable floor level of the dwelling house,
(f)  vehicular access to the dwelling house will not be inundated by water to a level of more than 0.3m during a 1:100 ARI (average recurrent interval) flood event,
(g)  the lot must not have any open car parking spaces or carports lower than the level of a 1:20 ARI (average recurrent interval) flood event.
(3)  The requirements under subclause (2) (c) and (d) are satisfied if a joint report by a professional engineer specialising in hydraulic engineering and a professional engineer specialising in civil engineering states that the requirements are satisfied.
(4)  A word or expression used in this clause has the same meaning as it has in the Floodplain Development Manual, unless it is otherwise defined in this Policy.
(5)  In this clause—
flood compatible material means building materials and surface finishes capable of withstanding prolonged immersion in water.
flood planning level means—
(a)  the flood planning level adopted by a local environmental plan applying to the lot, or
(b)  if a flood planning level is not adopted by a local environmental plan applying to the lot, the flood planning level adopted in a development control plan by the relevant council for the lot.
Floodplain Development Manual means the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government in April 2005.
flow path means a flow path identified in the council’s flood study or floodplain risk management study carried out in accordance with the Floodplain Development Manual.
high hazard area means a high hazard area identified in the council’s flood study or floodplain risk management study carried out in accordance with the Floodplain Development Manual.
high risk area means a high risk area identified in the council’s flood study or floodplain risk management study carried out in accordance with the Floodplain Development Manual.
Note 1.
 Council, flood control lot, habitable room and professional engineer are defined in clause 1.5.
Note 2.
 A section 10.7 certificate from a Council will state whether or not a lot is a flood control lot.
3A.38A   Development standards for land near Siding Spring Observatory
(1)  This clause applies—
(a)  to all development specified for this code that is to be carried out on land in the local government area of Coonamble, City of Dubbo, Gilgandra or Warrumbungle Shire, and
(b)  in addition to all other development standards specified for this code.
(2)  The development may be carried out only if it does not result in a dwelling house on land in the local government area of—
(a)  Coonamble, Gilgandra, Warrumbungle Shire or that part of the local government area of Dubbo Regional that was formerly in the City of Dubbo with an outside light fitting other than a shielded light fitting,
(b)  Coonamble, Gilgandra or Warrumbungle Shire with more than 7 shielded outside light fittings or more than 5 such light fittings that are not automatic light fittings.
(3)  This clause ceases to have effect on 1 January 2021.
Note.
 Under clause 3D.1, the Inland Code will apply exclusively to land to which this clause applies on and from 1 January 2021.