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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 24 August 2019 at 01:38)
Part 3B Division 1
Division 1 Requirements for complying development under this code
3B.1   Development that can be complying development under this code
(1)  The erection or alteration of, or addition to, any of the following can be complying development under this code:
(a)  any 1 or 2 storey dual occupancy, manor house or multi dwelling housing (terraces),
(b)  any attached development or detached development related to any building referred to in paragraph (a).
(2)  For the purposes of calculating the number of storeys in a building for the purposes of this code, only those parts of a basement that comprise habitable rooms are to be counted as a storey.
(3) Lot requirements Complying development specified for this code may only be carried out on a lot that meets the following requirements:
(a)  the lot must be in Zone RU5, Zone R1, Zone R2 or Zone R3,
(b)  the lot must have lawful access to a public road at the completion of the development.
(4) Erection of attached development and detached development Attached development or detached development may be erected on a lot:
(a)  if a dual occupancy, manor house or multi dwelling housing (terraces) exists on the lot, or
(b)  if there is a current development consent or complying development certificate for the construction of a dual occupancy, manor house or multi dwelling housing (terraces) on the lot.
Note 1.
 Complying development certificate has the same meaning as it has in the Act.
Note 2.
 Clauses 1.17A, 1.18 and 1.19 (1) set out additional requirements for complying development.
3B.2   Development that is not complying development under this code
The following development is not complying development under this code:
(a)  the erection or alteration of, or an addition to, a roof terrace on the top most roof of a building,
(b)  development that is complying development under the Housing Alterations Code,
(c)  development on a battle-axe lot,
(d)  development that is attached to a secondary dwelling or group home,
(e)  the erection of a building over a registered easement,
(f)  the alteration of, or an addition to, a garage or carport that is located forward of the building line,
(g)  the erection of multi dwelling housing (terraces) on bush fire prone land.
3B.3   Determining lot type
In this code, a reference to a lot is a reference to any of the following lots:
(a)  standard lot,
(b)  corner lot,
(c)  parallel road lot.
Note 1.
 Corner lot, lane, parallel road lot and standard lot are defined in clause 1.5.
Note 2.
 A lot that adjoins a lane is not a parallel road lot or a corner lot. The lot type depends on which other roads it fronts (if any).
3B.4   Complying development on bush fire prone land
(1)  This clause does not apply to the following complying development under this code:
(a)  a non-habitable detached development that is more than 10m from any residential accommodation,
(b)  a landscaped area,
(c)  a non-combustible fence,
(d)  a swimming pool.
(2)  If complying development under this code is carried out on bush fire prone land, all of the following development standards also apply:
(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 dual occupancy or manor 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 must:
(i)  have its release valves directed away from the dwelling, 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 dual occupancy,
(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 79BA of the Act).
Note 1.
 Attached development, bush fire attack level-40 (BAL-40), council, detached development 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).
3B.5   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 relevant 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)  If complying development under this code is carried out on any part of a flood control lot, the following development standards also apply in addition to any other development standards:
(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 to have a floor level lower than that floor level,
(b)  any part of a building that is erected at or below the flood planning level is constructed of flood compatible material,
(c)  any part of a building 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 dual occupancy, manor house or multi dwelling housing (terraces),
(f)  vehicular access to any dwelling 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 149 certificate from a council will state whether or not a lot is a flood control lot.
3B.6   Development standards for land near Siding Spring Observatory
(1)  If complying development under this code is carried out 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, the development standards in this clause also apply in addition to any other development standards.
(2)  Complying development specified for this code may only be carried out if it does not result in residential accommodation 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, and
(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.