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Contents (2008 - 572)
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State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Current version for 8 February 2019 to date (accessed 21 June 2019 at 01:41)
3D.32   Minimum setbacks
(1) Primary road setbacks The primary road setback of a dwelling house and any attached development on a lot with an area of less than 4,000m2 must not be less than the average primary road setback of the 2 nearest dwelling houses on the same side of the primary road.
Note.
 Clause 3D.33 contains certain exclusions from, and exceptions to, the setbacks in this clause.
(2)  For the purpose of determining the primary road setbacks of the 2 nearest dwelling houses, the following are not to be included:
(a)  dwelling houses on battle-axe lots,
(b)  any attached development or detached development on other lots,
(c)  building elements in the articulation zone.
 
(3)  If there are not 2 dwelling houses within 40m of the lot on the same side of the primary road boundary, a dwelling house and any attached development on a lot with an area of less than 4,000m2 must have a minimum setback from the boundary with the primary road of 10m.
(4)  A dwelling house and any attached development on a lot with an area of 4,000m2 or more must have a minimum setback from the boundary with the primary road of 15m.
 
(5) Secondary road setbacks for corner lots Despite any other standard for a setback specified by this clause, a dwelling house and any attached development must have a minimum setback from a boundary with a secondary road as shown in the following table:
Lot size
Minimum setback from secondary road boundary
<4,000m2
5m
4,000m2 or more
10m
 
(6) Parallel road setbacks for parallel road lots The setback from a parallel road of a dwelling house and any attached development on a lot with an area of at least 4,000m2 must be at least 10m.
 
(7) Classified road setbacks Despite any other standard for a setback specified by this clause, a dwelling house and any attached development must have a setback from a boundary with a classified road of at least:
(a)  the setback for a dwelling house from a classified road specified by another environmental planning instrument applying to the land, or
(b)  the minimum setback specified under this clause from a primary, secondary or parallel road, or
(c)  9m,
whichever is the greater.
(8) Road setbacks—unsealed roads Despite any other setback specified in this clause, a dwelling house and any attached development must have a minimum setback from a boundary with an unsealed road of 50m.
(9) 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, the setback of a dwelling house and any attached development must be measured from the proposed boundary with the road.
(10) Side setbacks A dwelling house and any attached development must have a minimum setback from a side boundary as shown in the following table:
Lot size
Minimum setback from side boundary
<4,000m2
2.5m
4,000m2 or more
10m
 
(11) Rear setbacks A dwelling house and any attached development (other than on a lot that only has 3 boundaries) must have a minimum setback from the rear boundary as shown in the following table:
Lot area
Minimum setback from rear boundary
<1,000m2
8m
1,000m2–<4,000m2
10m
4,000m2 or more
15m
Note.
 Certain exceptions to the rear setbacks apply if the lot has a rear boundary with a lane (see clause 3D.33 (3)).
(12) 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.
 
(13) Public reserve setbacks Despite any other clause in this Subdivision, a new dwelling house and any attached development must have a setback of at least 3m from a boundary with a public reserve.
(14) Front setbacks for battle-axe lots A dwelling house and any attached development on a battle-axe lot with an area of less than 4,000m2 must have a setback from the rear boundary of the lot that is in front of the battle-axe lot of at least 5m.
 
(15) Setbacks from watercourses Despite any other clause in this Subdivision, 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 1.
 Articulation zone, attached development, battle-axe lot, building element, building line, detached development, dwelling house, primary road, setback and standard lot are defined in clause 1.5.
Note 2.
 Classified road has the same meaning as it has in the Standard Instrument.