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Contents (2008 - 572)
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State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Current version for 25 October 2019 to date (accessed 16 December 2019 at 10:57)
3D.44   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)—
(a)  must be located behind the building line of a dwelling house that is adjacent to any primary road or secondary road, or
(b)  in the case of a dwelling house that has a setback from a primary road or secondary road of more than 50m—must have a minimum setback from the boundary with any primary or secondary road of 50m.
Note 1.
 Primary and secondary road setbacks for detached garages and carports are set out in clause 3D.46.
Note 2.
 Clause 3D.49 contains certain exceptions to the setbacks specified in this clause.
(2) Side setbacks Detached development must have a minimum setback from a side boundary of a lot—
(a)  in the case of a lot with an area of 4,000m2 or more—5m, or
(b)  in the case of a lot with an area of less than 4,000m2—as shown in the following table—
Lot width at the building line
Minimum setback from each side boundary
6m–18m
900mm
>18m–24m
1.5m
>24m
2.5m
(3) Built to boundary setbacks Despite subclause (2), detached development 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.
 
(4)  Despite subclause (2), detached development 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 facing the boundary.
(5) 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 4.8m, 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 4.8m.
(6) Maximum length of built to boundary walls The length of all walls within 900mm of a side boundary must not exceed the length shown in the following table—
Lot width at the building line
Maximum length of built to boundary wall
6m–10m
20m or 50% of the depth of the lot, whichever is the lesser
>10m–12.5m
10m
 
(7)  Despite subclause (6), 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.
Note 1.
 A wall built within 900mm of a wall on an adjoining lot is subject to clause 3D.63 (Protecting adjoining walls) in Division 8.
(8) Rear setbacks Detached development (other than detached development that is on a lot that only has 3 boundaries) that is any of the following 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 balcony, deck, patio, pergola, terrace or verandah,
(c)  a rainwater tank (above ground),
(d)  a shade structure or a shed.
Lot area
Minimum setback from rear boundary
200m2–900m2
0.9m
>900m2–1,500m2
1.5m
>1,500m2–4,000m2
2.5m
>4,000m2
5m
Note.
 Rear setbacks for detached garages and carports and detached studios are set out in clauses 3D.46 and 3D.48, 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 3D.49(4) contains exceptions to this setback for certain types of detached development.
 
(10) Classified road setbacks Despite any other 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)  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.
(11) Public reserve setbacks Despite any other 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 balcony, deck, patio, pergola, terrace or verandah,
(d)  a rainwater tank (above ground),
(e)  a shade structure or shed.
(12) Setbacks from watercourses Despite any standard for a setback specified by this clause, detached 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.
 Complying development certificate has the same meaning as it has in the Act.