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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 22 October 2019 at 05:02)
3B.37   Exceptions to setbacks
(1) Development to which side and rear setbacks do not apply The setback standards specified in clause 3B.36 (4) and (5) do not apply to the following—
(a)  access ramps,
(b)  downpipes,
(c)  driveways or hard stand spaces,
(d)  electricity or gas meters,
(e)  fascias,
(f)  fences,
(g)  gutters,
(h)  light fittings,
(i)  pathways and paving.
(2) Development to which side and rear setbacks do not apply if 450mm from boundary The setback standards specified in clause 3B.36 (4) and (5) do not apply to the following if they are at least 450mm from the relevant boundary—
(a)  aerials,
(b)  antennae,
(c)  awnings,
(d)  chimneys,
(e)  cooling or heating appliances,
(f)  eaves,
(g)  flues,
(h)  pipes,
(i)  privacy screens,
(j)  rainwater tanks,
(k)  structures associated with the provision of a utility service.
(3) Development to which road setbacks do not apply The setback standards specified in clause 3B.36 (1), (3), (6), (7) and (8) do not apply to the following—
(a)  access ramps,
(b)  driveways,
(c)  eaves,
(d)  pathways and paving,
(e)  retaining walls,
(f)  any building elements that are permitted within a primary road articulation zone.
(4) Lots with rear lanes Despite clause 3B.36 (5), if the lot has a rear boundary with a lane, the building may be erected within 900mm of, or abut, the rear boundary for a maximum length of 7m.
(5) Setbacks do not apply to existing parts of multi dwelling housing (terraces) or attached development The setbacks standards specified in clause 3B.36 do not apply to any existing parts of any multi dwelling housing (terraces) or attached development that will remain on a lot after the complying development is carried out.
Note 1.
 Articulation zone, attached development, dwelling house, primary road and setback are defined in clause 1.5.
Note 2.
 Classified road and public reserve have the same meanings as they have in the Standard Instrument.
Note 3.
 Environmental planning instrument has the same meaning as it has in the Act.