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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 19 September 2019 at 00:04)
Part 3B Division 5 Subdivision 2
Subdivision 2 Built form development standards for detached development (other than swimming pools and fences)
3B.46   Lot requirements
The lot must meet the following requirements—
(a)  the area of the lot must not be less than 400m2,
(b)  the width of the lot must not be less than 12m measured at the building line.
3B.47   Maximum height
The maximum height for any detached development is 4.5m above ground level (existing).
Note 1.
 Detached development is defined in clause 1.5.
Note 2.
 Ground level (existing) is defined in the Standard Instrument as the existing level of a site at any point.
3B.48   Maximum gross floor area of certain detached development
(1)  The maximum gross floor area of all of the following detached development that relates to multi dwelling housing (terraces) or a dual occupancy where no part of a dwelling is located above any part of another dwelling is 45m2
(a)  a deck, patio, pergola, terrace or verandah,
(b)  a cabana, cubby house, fernery, garden shed, gazebo or greenhouse,
(c)  a carport or garage,
(d)  a shed.
(2)  The maximum gross floor area of all of the following detached development that relates to a manor house or dual occupancy (attached) where part of a dwelling is located above part of another dwelling is shown in the table to this clause—
(a)  a deck, patio, pergola, terrace or verandah,
(b)  a cabana, cubby house, fernery, garden shed, gazebo or greenhouse,
(c)  a carport or garage,
(d)  a shed.
Lot area
Maximum gross floor area
400m2–600m2
45m2
>600m2–900m2
60m2
>900m2
100m2
Note.
 The maximum gross floor area of detached studios is set out in clause 3B.52.
3B.49   Minimum setbacks and maximum height and length of built to boundary walls
(1) Primary and secondary road setbacks Detached development (other than a detached garage or carport) must be located behind the building line of a building that is residential accommodation that is adjacent to any primary road or secondary road.
Note 1.
 Primary and secondary road setbacks for detached garages and carports are set out in clause 3B.50.
Note 2.
 Clause 3B.54 contains certain exclusions from, and exceptions to, the setbacks specified in this clause.
(2) Side setbacks Detached development that is any of the following must have a minimum setback from the side boundary of a lot of 900mm—
(a)  a deck, patio, pergola, terrace or verandah,
(b)  a cabana, cubby house, fernery, garden shed, gazebo or greenhouse,
(c)  a carport or garage,
(d)  a rainwater tank (above ground),
(e)  a shade structure or a shed.
Note.
 Side boundary setbacks for detached studios are set out in clause 3B.52.
(3) Built to boundary setbacks Despite subclause (2), detached development that is referred to in that subclause may be built to 1 or both side boundaries if—
(a)  the detached development relates to a dual occupancy or multi dwelling housing (terraces), and
(b)  any building wall on the adjoining lot that is within 900mm of that boundary is of masonry construction and does not have a window facing that boundary, and
(c)  any wall erected within 900mm of a side boundary will not contain a door, window or any other opening facing that boundary,
but if the lot width measured at the building line is more than 8m, but not more than 12.5m the detached development may be built to 1 side boundary only.
(4) Maximum height of built to boundary walls The height of a wall erected within 900mm of a side boundary must not exceed—
(a)  3.3m above ground level (existing), or
(b)  if there is a building wall on the adjoining lot within 900mm of that boundary that is higher than 3.3m—the height of that wall, but not more than 4.5m, or
(c)  if the building on the adjoining lot is subject to the same complying development certificate under clause 126 (4) of the Environmental Planning and Assessment Regulation 2000—the height of the wall on the adjoining lot, but not more than 4.5m, or
(d)  if the detached development is a detached studio that is above a garage—the height of the built to boundary wall on the adjoining lot, but not more than 6m.
(5) Maximum length of built to boundary walls The length of all walls on the lot that are within 900mm of a side boundary must not exceed 10m.
(6)  Despite subclause (5), the length of a wall erected within 900mm of a side boundary must not exceed—
(a)  if the length of the built to boundary wall on the adjoining lot is longer than the maximum length calculated under subclause (6)—the length of that wall, or
(b)  if the building on the adjoining lot is subject to the same complying development certificate under clause 126 (4) of the Environmental Planning and Assessment Regulation 2000—the length of the wall on the adjoining lot.
(7) Rear setbacks Any of the following detached development that relates to a dual occupancy where no part of a dwelling is located above any part of another dwelling or that relates to multi dwelling housing (terraces) must have a minimum setback from the rear boundary of a lot of 900mm (unless there is a wall of a building on the adjoining lot that is within 900mm of the boundary and that wall is of masonry construction and does not have a window facing the boundary)—
(a)  a cabana, cubby house, fernery, garden shed, gazebo or greenhouse,
(b)  a rainwater tank (above ground),
(c)  a shade structure or a shed.
(8)  Any of the following detached development that relates to a dual occupancy (attached) where part of a dwelling is located above part of another dwelling or that relates to a manor house must have a minimum setback from the rear boundary of a lot as shown in the table to this subclause—
(a)  a cabana, cubby house, fernery, garden shed, gazebo or greenhouse,
(b)  a rainwater tank (above ground),
(c)  a shade structure or a shed.
Lot area
Minimum setback from rear boundary
400m2–900m2
900mm
>900m2–1,500m2
1.5m
>1,500m2
2.5m
Note.
 Rear setbacks for detached garages and carports, detached decks, patios, pergolas, terraces and verandahs and detached studios are set out in clauses 3B.50, 3B.51 and 3B.52, respectively.
(9) Parallel road setbacks for parallel road lots Detached development on a lot must have a minimum setback from a parallel road of 3m.
Note.
 Clause 3B.54 (4) contains exceptions to this setback for certain types of detached development.
(10) Setbacks from classified roads Despite any standard for a setback specified by this clause, detached development must have a setback from a boundary with a classified road of at least—
(a)  in the case of detached development related to a dual occupancy—the setback for a dual occupancy from a classified road specified by any other environmental planning instrument applying to the land, or
(b)  in the case of detached development related to a manor house—the setback for a manor house from a classified road specified by any other environmental planning instrument applying to the land, or
(c)  in the case of detached development related to multi dwelling housing (terraces)—the setback for multi dwelling housing (terraces) from a classified road specified by any other environmental planning instrument applying to the land, or
(d)  if no setback is specified for the purposes of paragraph (a), (b) or (c)—9m.
(11) Setbacks from public reserves Despite any standard for a setback specified by this clause, the following detached development must have a setback from a boundary with a public reserve of at least 3m—
(a)  a cabana, cubby house, fernery, garden shed, gazebo or greenhouse,
(b)  a carport or garage,
(c)  a deck, patio, pergola, terrace or verandah,
(d)  a rainwater tank (above ground),
(e)  a shade structure or shed.
3B.50   Other development standards for detached garages and carports
(1) Car parking and vehicle access requirements All off-street car parking spaces and vehicle access must comply with AS/NZS 2890.1:2004, Parking facilities, Part 1 Off-street car parking.
(2) Primary road setbacks A detached garage or carport that is accessed from a primary road must have a minimum setback as shown in the following table—
Primary road setback of dwelling house
Minimum required garage or carport setback from primary road
<4.5m
5.5m
4.5m or more
At least 1m behind the building line of the building that is the residential accommodation to which the garage or carport relates
(3) Secondary and parallel road setbacks A detached garage or carport on a corner lot must have a minimum setback from a secondary road or parallel road as shown in the following table—
Lot area
Minimum setback from secondary or parallel road
400m2–600m2
2m
>600m2–1,500m2
3m
>1,500m2
5m
(4) Rear setbacks A detached garage or carport must have a minimum setback from the rear boundary as shown in the following table—
Lot area
Building height at that point
Minimum setback from rear boundary
400m2–900m2
0m–4.5m
900mm
>900m2–1,500m2
0m–4.5m
1.5m
>1,500m2
0m–4.5m
2.5m
(5) Built to rear boundary Despite subclause (4), a detached garage or carport of masonry construction may be built to the rear boundary if there is a wall of a building on the adjoining lot within 900mm of that boundary, the wall is of masonry construction and does not have a window facing that boundary.
(6) Building separation A detached garage must be at least 3m from any building that is residential accommodation on the same lot.
(7) Maximum width of garage doors The maximum width of all detached garage and carport door openings (except where the garage or carport is to the rear of the building that is residential accommodation to which it relates) facing a primary, secondary or parallel road is 6m.
Note 1.
 Boundary wall, building line, corner lot, detached, dwelling house, gross floor area, lane, parallel road, primary road, secondary road and setback are defined in clause 1.5.
Note 2.
 Building height and ground level (existing) have the same meanings as they have in the Standard Instrument.
3B.51   Other development standards for detached decks, patios, pergolas, terraces and verandahs
(1) Maximum floor level The maximum floor level for any detached deck, patio, pergola, terrace or verandah is 1m above ground level (existing) unless the deck, patio, pergola, terrace or verandah is less than 900mm from a side or rear boundary in which case the maximum floor level is 600mm above ground level (existing).
Note.
 Ground level (existing) has the same meaning as it has in the Standard Instrument.
(2) Rear setbacks A detached deck, patio, pergola, terrace or verandah must have a minimum setback from the rear boundary of a lot as shown in the following table—
Lot area
Minimum setback from rear boundary
400m2–900m2
900mm
>900m2–1,500m2
1.5m
>1,500m2
2.5m
3B.52   Other development standards for detached studios
(1)  At the completion of the development, there must be no more than 1 detached studio for each dwelling in the dual occupancy or multi dwelling housing (terraces).
(2) Maximum height Despite clause 3B.47, if a detached studio is within 900mm of a lane and is above a garage, the maximum height is 6m above ground level (existing).
(3) Maximum gross floor area The maximum gross floor area of a detached studio is 36m2.
(4) Side boundary setbacks A detached studio must have a minimum setback from each side boundary as shown in the following table—
Lot width at the building line
Minimum setback from each side boundary
12m–18m
900mm
>18m
1.5m
(5) Rear boundary setbacks A detached studio must have a minimum setback from the rear boundary of 3m.
(6)  Despite subclause (5), if the lot has a rear boundary with a lane, the detached studio may be erected within 900mm of, or abut, the rear boundary for a maximum length of 50% of the length of that boundary.
(7) Built to boundary setbacks Despite subclause (4), a detached studio that is within 900mm of a rear lane may be built to 1 or both side boundaries if—
(a)  the lot is not a corner lot, and
(b)  the lot width measured at the building line is at least 6m, but not more than 8m, and
(c)  if there is a building wall on the adjoining lot within 900mm of that boundary—that wall is of masonry construction and does not have a window facing that boundary, and
(d)  any wall erected within 900mm of a side boundary will not contain a door, window or any other opening.
(8)  Despite subclause (4), a detached studio that is within 900mm of a rear lane may be built to 1 side boundary if—
(a)  the lot width measured at the building line is more than 8m, but not more than 12.5m, and
(b)  any building wall on the adjoining lot within 900mm of that boundary is of masonry construction and does not have a window facing that boundary, and
(c)  any wall erected within 900mm of the side boundary will not contain a door, window or any other opening.
(9) Maximum height of built to boundary walls The height of a wall erected within 900mm of a side boundary must not exceed—
(a)  3.3m above ground level (existing), or
(b)  if the height of the built to boundary wall on the adjoining lot is higher than 3.3m—the height of that wall, but not more than 4.5m, or
(c)  if the building on the adjoining lot is subject to the same complying development certificate under clause 126 (4) of the Environmental Planning and Assessment Regulation 2000—the height of the wall on the adjoining lot, but not more than 4.5m, or
(d)  if the wall is part of a detached studio that is above a garage—the height of the built to boundary wall on the adjoining lot, but not more than 6m.
(10) Separation from residential accommodation A detached studio must be at least 3m from any building on the same lot that is residential accommodation.
(11) Privacy A privacy screen must be provided for any part of a window in a detached studio that is less than 1.5m above the floor level of that room in the following cases—
(a)  the floor level of the studio is 1m or more, but not more than 3m, above ground level (existing) and the window faces a side or rear boundary (other than a boundary to a lane) and is less than 3m from that boundary,
(b)  the floor level of the studio is 3m or more above ground level (existing) and the window faces a side or rear boundary (other than a boundary to a lane) and is less than 6m from that boundary.
(12)  Any window in a detached studio with a floor level of more than 1.5m above ground level (existing) must not have an area of more than 2m2.
3B.53   Other development standards for detached cabanas, cubby houses, ferneries, garden sheds, gazebos, greenhouses, rainwater tanks, shade structures or sheds
A cabana, cubby house, fernery, garden shed, gazebo, greenhouse, rainwater tank (above ground), shade structure or shed must have a minimum setback from the rear boundary of 3m unless the lot has a rear boundary with a lane, in which case it may be erected within 900mm of, or abut, the rear boundary for a maximum length of 7m.
3B.54   Exceptions to setbacks
(1) Development to which side and rear setbacks do not apply The side and rear setback standards specified in this Subdivision do not apply to the following—
(a)  access ramps,
(b)  downpipes,
(c)  driveways and 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 side and rear setback standards specified in this Subdivision 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 road setbacks specified in this Subdivision do not apply to the following—
(a)  access ramps,
(b)  driveways,
(c)  eaves,
(d)  fences,
(e)  pathways and paving,
(f)  retaining walls.
(4) Rear boundaries with parallel roads or rear lanes Despite any rear setback specified in this Subdivision, if a lot has a rear boundary with a parallel road or lane, the following detached development may be erected within 3m of, or abut, the rear boundary for up to 50% of the length of that boundary—
(a)  a cabana, cubby house, fernery, garden shed, gazebo or greenhouse,
(b)  a rainwater tank (above ground),
(c)  a shade structure or shed.
(5) Setbacks do not apply to existing parts of detached development The setbacks standards specified in this Subdivision do not apply to any existing parts of detached development that will remain on the 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.