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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 00:11)
Part 3D Division 6 Subdivision 4
Subdivision 4 Built form development standards for swimming pools and fences
3D.52   Development standards for swimming pools
(1)  A swimming pool must be for private use and associated with a dwelling house.
(2)  Water from a swimming pool must be discharged in accordance with an approval under the Local Government Act 1993 if the lot is not connected to a sewer main.
(3)  The pump must be housed in an enclosure that is soundproofed.
Note.
 The Protection of the Environment Operations Act 1997 contains provisions relating to noise pollution.
(4)  Subclause (3) does not apply to swimming pools on lots with an area greater than 4,000m2 in Zone RU1, RU2, RU3, RU4, RU6 or R5.
(5) Height of coping and decking Coping around a swimming pool must not be more than—
(a)  1.4m above ground level (existing), and
(b)  300mm wide if the coping is more than 600mm above ground level (existing).
(6)  Decking around a swimming pool must not be more than 600mm above ground level (existing).
(7)  If the swimming pool is being constructed on a lot in Zone R1, R2, R3, R4, R5 or RU5—the swimming pool must be located behind the building line of the dwelling house.
(8)  Subject to subclause (7), the swimming pool water line must have a minimum setback from any boundary as shown in the following table—
Lot size
Minimum setback from any boundary
0–4,000m2
1m
>4,000m2
5m
(9) Heritage conservation areas Despite subclauses (7) and (8), if the swimming pool is being constructed in a heritage conservation area or a draft heritage conservation area, the swimming pool must be located—
(a)  behind the building line of the dwelling house that is adjacent to the rear boundary of the lot, and
(b)  no closer to each side boundary than the dwelling house.
Note 1.
 Building line, dwelling house, heritage conservation area and setback are defined in clause 1.5.
Note 2.
 Ground level (existing) has the same meaning as it has in the Standard Instrument.
Note 3.
 A child-resistant barrier must be constructed or installed in accordance with the requirements of the Swimming Pools Act 1992.
Note 4.
 Requirements relating to excavation for the purposes of a swimming pool are set out in clause 3D.61.
3D.53   Development standards for fences in Zones R1, R2, R3, R4 and RU5
(1)  This clause applies to development on land in Zone R1, R2, R3, R4 or RU5.
(2)  A fence may be erected on a lot under this code if it is not constructed or installed—
(a)  on a lot, or along a common boundary of a lot, that contains a heritage item or a draft heritage item, or
(b)  along the boundary of, or within the setback area of, a primary or secondary road within a heritage conservation area or draft heritage conservation area.
(3)  A fence erected behind the building line on a lot must—
(a)  not be higher than 1.8m above ground level (existing), and
(b)  not incorporate barbed wire in its construction or be electrified, and
(c)  if it includes an entrance gate—not have a gate that opens outward, and
(d)  if it is constructed of metal components—be of low reflective, factory pre-coloured materials, and
(e)  if it is on a sloping site and stepped to accommodate the fall in the land—be no higher than 2.2m above ground level (existing) at each step, and
(f)  be designed so as not to restrict the flow of any floodwater.
(4)  A fence erected forward of the building line on a lot must—
(a)  not be higher than 1.2m above ground level (existing), and
(b)  not incorporate barbed wire in its construction or be electrified, and
(c)  if it includes an entrance gate—not have a gate that opens outward, and
(d)  if it is constructed of metal components—be of low reflective, factory pre-coloured materials, and
(e)  be open for at least 20% of the area of the fence that is more than 400mm above ground level (existing), with any individual solid element of the fence above that height being no more than 350mm wide with a minimum aperture of 25mm, and
(f)  be designed so as not to restrict the flow of any floodwater.
(5)  Despite subclause (3) (a), any fence located in the setback area of a primary or secondary road must not be higher than 1.2m above ground level (existing).
(6)  A fence erected on bush fire prone land must be constructed of non-combustible material.
(7)  A requirement in subclause (3) (f) or (4) (f) is satisfied if a joint report by a professional engineer specialising in hydraulic engineering and a professional engineer specialising in civil engineering states that the requirement is satisfied.
Note 1.
 Building line, primary road, secondary road and setback are defined in clause 1.5.
Note 2.
 Ground level (existing) and heritage item have the same meanings as they have in the Standard Instrument.
Note 3.
 Exempt development standards for fences in certain rural zones, environment protection zones and Zone R5 are specified in clause 2.36.