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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 01:59)
Part 3D Division 3
Division 3 Development standards—dwelling houses and attached development in Zones RU1, RU2, RU3, RU4 and RU6
Subdivision 1 Application of Division
3D.9   Application of Division
(1)  This Division sets out the development standards that apply to the erection or alteration of, or an addition to, a 1 or 2 storey dwelling house and any attached development that is complying development under this code.
(2)  Despite clause 3D.1, this Division does not apply to land in Zones RU5, R1, R2, R3, R4 and R5.
Note.
 Clause 3D.4 provides that the erection of a new dwelling house is not permitted on land in Zone RU3.
Subdivision 2 Built form development standards for dwelling houses and attached development
3D.10   Lot requirements
(1)  The lot must meet the following requirements—
(a)  the area of the lot must not be less than—
(i)  the minimum lot area specified in the environmental planning instrument that applies to the land concerned, or
(ii)  if no size is specified in the environmental planning instrument—4,000m2,
(b)  there must only be 1 dwelling house on the lot at the completion of the development.
(2)  Subclause (1) (a) does not apply to development that is the alteration of, or an addition to, an existing dwelling house and the erection or alteration of, or addition to, any attached development.
(3)  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.
(4)  A secondary dwelling with development consent or a complying development certificate is not a dwelling house for the purpose of subclause (1) (b).
3D.11   Maximum building height and siting of development
(1) Maximum height The maximum height for a dwelling house and any attached development is 10m above ground level (existing).
 
(2) Siting A dwelling house and any attached development that is situated—
(a)  on a lot—
(i)  having an area of more than 4ha, and
(ii)  in relation to which the natural ground at any point within 100m of the ridgeline of any hill is at least 20m lower than the ridgeline, and
(b)  within 100m of that ridgeline,
must be sited on the lot so that the highest point of the development is at least 5m below that ridgeline.
Note 1.
 Attached development and dwelling house are 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.
 
3D.12   Minimum setbacks
(1) Primary and secondary road setbacks The setback of a dwelling house and any attached development from a primary or secondary road must be at least—
(a)  in the case of a sealed primary road—
(i)  in Zones RU1, RU2, RU3 and RU6—50m, or
(ii)  in Zone RU4—30m, or
(b)  in the case of a sealed secondary road—10m, or
(c)  in the case of any unsealed road—50m.
 
(2) Road setbacks—road widening proposals If the development is on a lot that is subject to a proposed road widening under an environmental planning instrument, a development control plan or section 88B or 195A of the Conveyancing Act 1919, any road setback of a dwelling house and any attached development must be measured from the proposed boundary with the road.
(3) Classified road setbacks Despite any other setback specified in this clause, a dwelling house and any attached development must have at least the setback from a classified road of—
(a)  if another environmental planning instrument or a development control plan applying to that lot specifies a setback for those circumstances—the setback specified by the other instrument or the development control plan, or
(b)  the setback specified by subclause (1),
whichever is the greater.
(4) Side setbacks The following buildings must have a minimum setback from a side boundary of 10m—
(a)  a dwelling house,
(b)  a carport or garage,
(c)  a balcony, deck, patio, pergola, terrace or verandah,
(d)  a cabana, cubby house, garden shed, gazebo, fernery, greenhouse or shed.
(5) Rear setbacks The following buildings on a lot (other than a lot that only has 3 boundaries) must have a minimum setback from the rear boundary of 15m—
(a)  a dwelling house,
(b)  a carport or garage,
(c)  a balcony, deck, patio, pergola, terrace or verandah,
(d)  a cabana, cubby house, garden shed, gazebo, fernery, greenhouse or shed.
(6) Public reserve setbacks Despite any other setback specified in this clause, a new dwelling house and any attached development must have a setback of at least 3m from a boundary with a public reserve.
(7) Setbacks from watercourses A dwelling house and any attached development must have a setback of at least 40m from the bank of any perennial watercourse identified on a 1:50,000 topographical map published by Spatial Services in the Department of Finance, Services and Innovation.
Note.
 Clause 3D.14 contains certain exclusions from, and exceptions to, the setbacks in this clause.
3D.13   Setbacks from certain adjoining land
Despite any other clause in this Subdivision, a new dwelling house must have a setback of at least 250m from a boundary with adjoining land being used for any of the following—
(a)  forestry,
(b)  intensive livestock agriculture,
(c)  intensive plant agriculture,
(d)  mines and extractive industries,
(e)  railway lines,
(f)  rural industries.
 
3D.14   Exceptions to setbacks
(1) Development to which side and rear setbacks do not apply The setback standards specified in clause 3D.12 (4) and (5) do not apply to the following—
(a)  access ramps,
(b)  downpipes,
(c)  driveways,
(d)  electricity or gas meters,
(e)  fascias,
(f)  fences,
(g)  gutters,
(h)  hard stand spaces,
(i)  light fittings,
(j)  pathways and paving,
(k)  eaves that are within 1m of the relevant dwelling house.
(2) Development to which side and rear setbacks do not apply if 450mm from boundary The setback standards specified in clause 3D.12 (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 greater than 1.8m in height,
(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 3D.12 (1) and (3) do not apply to the following—
(a)  driveways,
(b)  hard stand spaces.
(c)  pathways and paving,
(d)  retaining walls,
(e)  fences,
3D.15   Vehicle access
(1)  A lot that has an off-street car parking space must have a driveway to a public road.
(2)  A driveway on a lot must be constructed in accordance with AS/NZS 2890.1:2004, Parking facilities—Off-street car parking.
Note 1.
 Clause 2.28 applies to the construction or installation of a driveway as exempt development.
Note 2.
 A driveway crossover may require the prior approval of the relevant roads authority under the Roads Act 1993.
3D.16   Other development standards for attached balconies, decks, patios, pergolas terraces and verandahs
(1)  The maximum height of the finished floor level of an attached balcony, deck, patio, pergola, terrace or verandah is 4m above ground level (existing).
(2)  Subclause (1) does not apply to a balcony, deck, patio, pergola, terrace or verandah that is set back at least 20m from a side or rear boundary.