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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 21 August 2019 at 04:28)
Part 3D Division 5 Subdivision 4
Subdivision 4 Amenity development standards for dwelling houses and attached development
3D.36   Building design
(1)  This clause applies to the erection of a dwelling house:
(a)  on a lot, other than a battle-axe lot, and
(b)  with a setback from a primary road of less than 10m.
(2)  The dwelling house must contain:
(a)  at least 1 door and 1 window to a habitable room at ground floor level facing the primary road, or
(b)  at least 1 door and 1 window to a habitable room at ground floor level facing any parallel road.
(3) Primary road frontage A dwelling house with a setback from a primary road of at least 3m may have an articulation zone that extends up to 1.5m forward of the minimum required setback from the primary road.
(4)  The following building elements are permitted in an articulation zone in the setback from a primary road:
(a)  an entry feature or portico,
(b)  a balcony, deck, patio, pergola, terrace or verandah,
(c)  a window box treatment,
(d)  a bay window or similar feature,
(e)  an awning or other feature over a window,
(f)  a sun shading feature,
(g)  an eave.
(5)  The maximum total area of all building elements within an articulation zone, other than a building element listed in subclause (4) (e)–(g), must not be more than 25% of the area of the articulation zone.
(6) Maximum height of building elements A building element on a dwelling house (other than a pitched roof to an entry feature or portico that has the same pitch as the roof on the dwelling house) must not extend:
(a)  more than 1m above the gutter line of the eaves of a single storey dwelling house, or
(b)  above the gutter line of the eaves of a 2 storey dwelling house.
(7) Secondary road frontage on corner lots A new dwelling house on a corner lot must have a window to a habitable room that is at least 1m2 in area and that faces and is visible from a secondary road.
 
3D.37   Privacy screens for windows and certain attached development
(1)  This clause applies to lots that have an area of less than 4,000m2.
(2)  This clause does not apply to any existing parts of a dwelling house or attached development that will remain on the lot after the complying development is carried out.
(3)  A privacy screen must be provided for any part of a window to a habitable room that is less than 1.5m above the finished floor level of that room.
(4)  Subclause (1) does not apply to:
(a)  a habitable room with a floor level not more than 1m above ground level (existing), or
(b)  a window that faces a road or public space, or
(c)  a window that faces, and is more than 6m from, a side or rear boundary, or
(d)  a bedroom window that has an area of not more than 2m2.
 
(5)  A balcony, deck, patio, pergola, terrace or verandah that has a floor area of more than 3m2 must have a privacy screen installed at the edge of that part of the balcony, deck, patio, pergola, terrace or verandah that is parallel to or faces towards a side or rear boundary if:
(a)  that edge is less than 3m from the boundary and the balcony, deck, patio, pergola, terrace or verandah has a finished floor level of more than 1m above ground level (existing), or
(b)  that edge is at least 3m, but not more than 6m, from the boundary and the balcony, deck, patio, pergola, terrace or verandah has a finished floor level of more than 2m above ground level (existing).
(6)  Any privacy screen required under subclause (3) must be installed to a height of at least 1.7m, but not more than 2.2m, above the finished floor level of the balcony, deck, patio, pergola, terrace or verandah.
 
Note 1.
 Habitable room and privacy screen are defined in clause 1.5.
Note 2.
 Ground level (existing) has the same meaning as it has in the Standard Instrument.