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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 17 September 2019 at 16:14)
Part 5A
Part 5A Commercial and Industrial (New Buildings and Additions) Code
Note 1.
 Clause 1.18 (1) (b) states that to be complying development for the purposes of this Policy the development must be permissible with consent under an environmental planning instrument applying to the land on which the development is carried out.
Note 2.
 In addition to the requirements specified for development under this code, adjoining owners’ property rights, the applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply. For example, requirements relevant to development in this code may be contained in the Act, the Environmental Planning and Assessment Regulation 2000, various State environmental planning policies, the Protection of the Environment Operations Act 1997, the Roads Act 1993 and Acts applying to various infrastructure authorities. If the development is in proximity to infrastructure, including water, stormwater and sewer mains, electricity power lines and telecommunications facilities, the relevant infrastructure authority should be contacted before commencing the development.
Division 1 Development that is complying development under this code
5A.1   Land to which code applies
(1)  This code applies to development that is specified in clause 5A.2 on any lot in Zone B1, B2, B3, B4, B5, B6, B7, B8, IN1, IN2, IN3, IN4 or SP3.
(2)  This code also applies to development that is specified in clause 5A.2 (1) (d) or (e) on any lot in Zone SP1 or SP2 if that development is in connection with a tertiary institution.
5A.2   Alterations or additions to an existing building or construction of new building
(1)  The following development is development specified for this code—
(a)  the construction of a building for the purposes of industry (other than heavy industry or an artisan food and drink industry) or a warehouse or distribution centre (other than a local distribution premises),
(b)  an addition to an existing building that is used for the purpose of industry (other than heavy industry or an artisan food and drink industry) or a warehouse or distribution centre (other than a local distribution premises),
(c)  the external alteration of an existing building used for the purpose of industry (other than heavy industry or an artisan food and drink industry) or a warehouse or distribution centre (other than a local distribution premises),
(d)  an addition to the rear of existing commercial premises, other than on a corner lot,
(e)  the external alteration of existing commercial premises.
(2)  If development specified in subclause (1) (a)–(e) is to be provided with water supply or sewerage services (or both) by a water utility, to be complying development the applicant must obtain a notice or other form of written advice from the relevant water utility, or an entity authorised to do so by the utility, that specifies the works or other requirements to be completed as part of the development.
(3)  Development that requires the clearing of more than 1,000m2 of native vegetation is not development for the purpose of this code.
5A.3   When separate permits are not required under this Part
A complying development certificate for complying development under this Division is taken to satisfy any requirement under this Policy for a permit or development consent to remove or prune a tree or other vegetation on a lot if—
(a)  the tree is not listed on a significant tree register or register of significant trees kept by the council, and
(b)  the tree or vegetation is within 3m of the development, and
(c)  the tree or vegetation has a height that is less than 8m.
Division 2 Development standards for this code relating to industrial buildings
Note.
 Division 4 of this Part also specifies additional development standards that apply to development relating to industrial buildings.
Subdivision 1 Application
5A.4   Application of development standards
This Division sets out the development standards that apply to development specified for this code that comprises—
(a)  the construction of a building for the purpose of industry or of a warehouse or distribution centre, or
(b)  an addition to an existing building that is used for the purpose of industry, or
(c)  the external alteration of an existing building used for the purpose of industry.
Subdivision 2 General
5A.5   General standards
The standard specified for development to which this Division applies is that it must not contravene any condition of an existing development consent that applies to the land in relation to car parking, hours of operation, landscaping, noise, loading, traffic generation, vehicular movement and waste management.
5A.6   Registered easements
Development that will result in the erection of a building over a registered easement is not complying development under this code.
Subdivision 3 Site requirements
5A.7   Maximum gross floor area
(1)  If the development is a new building, the total gross floor area of the completed buildings on the site must not be more than 20,000m2.
(2)  If the development is an alteration or addition to an existing building, the total gross floor area of the building as altered or added to must not exceed—
(a)  for an existing building with a gross floor area of 5,000m2 or less—5,000m2, or
(b)  in any other case—the gross floor area of the existing building with an additional 5,000m2.
(3)  If the development includes development for the purposes of an ancillary office or industrial retail outlet, the floor area of the ancillary office or industrial retail outlet must not be more than 20% of the total gross floor area of the completed building or 1,000m2, whichever is the lesser.
Note.
 Clause 1.18 (1) (b) requires the new use to be permissible, with consent, in the land use zone in which it is carried out. In addition, certain types of uses are subject to a maximum floor area to be permissible development in a particular zone under the relevant planning instrument, such as in clause 5.4 of the Standard Instrument. In those cases, the maximum floor area requirement for that use must be complied with for a change of use to be complying development.
5A.8   Maximum floor space ratio
The maximum floor space ratio of a new building or an existing building that is altered or added to must not be more than—
(a)  the maximum floor space ratio applicable to the land on which the building is erected under another environmental planning instrument applying to the land, or
(b)  if there is no such applicable maximum floor space ratio—1:1.
Subdivision 4 Building heights and setbacks
5A.9   Maximum height
(1)  The maximum height of a new building must not be more than—
(a)  the maximum height applicable to the land on which the building is erected under another environmental planning instrument applying to the land, or
(b)  if there is no such applicable maximum height—15m.
(2)  The maximum height of an existing building that is being altered or added to must not be more than—
(a)  the maximum height applicable to the land on which the building is erected under another environmental planning instrument applying to the land, or
(b)  if there is no such applicable maximum height—the height of the existing building or 15m, whichever is the lesser.
5A.10   Setbacks of development from roads
(1)  If the development has a boundary with a classified road, the building must have a setback from the boundary with the classified road of—
(a)  at least 10m, or
(b)  if a greater setback is applicable in those circumstances under another environmental planning instrument applying to the land on which the building is erected—at least the setback specified in that instrument.
(2)  If the development has a boundary with a primary road that is not a classified road, the building must have a setback from that boundary of—
(a)  the average distance of the setbacks of the nearest 2 buildings that—
(i)  have a boundary with the same road, and
(ii)  are located within 40m of the lot on which the building is erected, and
(iii)  are used for the purpose of industry or a warehouse or distribution centre, or
(b)  at least 10m,
whichever is the lesser.
(3)  If the development is on a lot that has a boundary with a parallel road that is not a classified road, the building must have a setback from the boundary with the parallel road determined in accordance with subclause (2).
(4)  If the development is located on a corner lot, the building must have a setback from the boundary of the secondary road of at least 3m if the secondary road is not a classified road.
(4A)  If the development is on a lot that is subject to a proposed road widening under a local environmental plan, the building must have a setback from the boundary with the road, after acquisition for the road widening, of at least—
(a)  if the road widening is for a local road—10m, or
(b)  if the road widening is for a classified road widening, a future classified road widening or a local road future classified road—4.5m.
(5)  Despite the other provisions of this clause, an addition or alteration to an existing building may have a setback from the boundary of any road that is not a classified road at the same distance as the setback of the existing building from that boundary.
(6)  Despite the other provisions of this clause, the requirements of this clause do not apply to the existing parts of a building.
5A.11   Setbacks of development from side and rear boundaries
(1)  If the development is a new building, or the alteration of or an addition to an existing building, on land that adjoins a lot in a residential zone, the building must have a setback from the boundary of the adjoining lot of—
(a)  for a building with a gross floor area of not more than 1,000m2—at least 3m, plus an additional metre for every whole metre by which the building exceeds 4.5m in height above ground level (existing), or
(b)  for a building with a gross floor area of more than 1,000m2 but not more than 5,000m2—at least 5m, plus an additional metre for every whole metre by which the building exceeds 4.5m in height above ground level (existing), or
(c)  for a building with a gross floor area of more than 5,000m2 but not more than 10,000m2—at least 20m, plus an additional metre for every whole metre by which the building exceeds 4.5m in height above ground level (existing), or
(d)  for a building with a floor area of more than 10,000m2 but not more than 20,000m2—at least 50m, with a maximum building height of 15m above ground level (existing).
(2)  If the development is a new building, or the alteration of or an addition to an existing building, on a lot that adjoins a public reserve, the building must have a setback from the boundary with the public reserve of at least 3m and the area of that setback must be a landscaped area.
(3)  If the development is a new building, or the alteration of or an addition to an existing building, on a lot that adjoins an environmentally sensitive area, the building must have a setback from the boundary with that environmentally sensitive area of at least 10m and an area of at least 3m in width of that setback must be a landscaped area.
(4)  Despite the other provisions of this clause, the requirements of this clause do not apply to the existing parts of a building that are not being altered or added to.
(5)  If the development is carried out on a lot that has a boundary with a railway corridor, the new building or addition and any ancillary development must be located at least 3m from that boundary.
Subdivision 5 Building and site design requirements
5A.12   Front facade material finishes for new industrial buildings
(1)  A new industrial building must have a front door or entry with an awning or portico, or be distinguished by the use of different building materials, as part of the front facade wall of the building that faces the primary road or principal entry onto the site.
(2)  The front facade wall of a new industrial building must contain at least 30% of materials that are not the main exterior finish.
(3)  Sun shading devices, screens or canopies must be provided for each glazed wall or window in a new industrial building if the glazed wall or window faces in a direction that is between north and west.
(4)  All glazing in a new industrial building must be of low reflective glass.
5A.13   Building elements within the articulation zone for new industrial buildings
(1)  The following building elements are permitted within an articulation zone for a new industrial building—
(a)  an entry feature or portico,
(b)  an awning or canopy over a door or window.
(2)  A building element within the articulation zone of a new industrial building—
(a)  must not reduce the required landscape area, car parking spaces or driveway, and
(b)  may extend 2m into the minimum required front setback, but must not be more than 25% of the width of the front facade of the building, and
(c)  must not be more than the maximum height of the building.
5A.14   Bunding
All areas for the storage and handling of chemicals, fuels and oils on-site must be designed with appropriate bunded areas that—
(a)  have impervious flooring, and
(b)  have sufficient capacity to contain 110% of the largest container stored within the bund, and
(c)  are designed in accordance with pages 40–44 of the document entitled Storing and Handling Liquids: Environmental Protections, Participants Manual published by the Department of Environment and Climate Change NSW in May 2007.
5A.15   Caretakers’ flats
(1)  If the development includes development for the purposes of an ancillary caretaker’s flat, the flat must—
(a)  for development that is—
(i)  the construction of a new building—form part of the new building, or
(ii)  the alteration of or addition to an existing building—be an addition to the existing building, and
(b)  comply with the relevant requirements contained in Volume 1 of the Building Code of Australia that are applicable to a Class 4 building, and
(c)  have a floor area not exceeding 100m2.
(2)  The development must not include more than one caretaker’s flat per lot.
5A.16   Landscaped areas
(1)  A landscaped area complying with the following specifications must be provided along each boundary of a lot on which the development is carried out with any adjoining road (except in areas necessary for vehicle and pedestrian access)—
(a)  at least 3m in width or, if the setback from the road boundary is less than 3m, the width of the setback, and
(b)  with a soil depth of at least 1m, and
(c)  if the width of a lot is more than 10m at the primary street frontage—with a species of trees planted at 3m intervals along that frontage that are capable of achieving a height of at least 8m at maturity and at least 2m within 2 years of the occupation of the development.
(2)  If the development adjoins a residential zone, the setback area referred to in clause 5A.11 (1) must have in it a landscaped area, adjacent to the boundary with that zone, that is—
(a)  for a building with a gross floor area of more than 1,000m2 but not more than 5,000m2—at least 3m wide in that setback, and
(b)  for a building with a gross floor area of more than 5,000m2 but not more than 10,000m2—at least 5m wide in that setback, and
(c)  for a building with a gross floor area of more than 10,000m2 but not more than 20,000m2—at least 10m wide in that setback.
(3)  The landscaped area required under subclause (2) must have trees and shrubs planted evenly across its length and width with, for every 3m2 of the area—
(a)  1 tree of a species capable of achieving a height of at least 8m at maturity and at least 2m within 2 years of the occupation of the development, and
(b)  1 shrub of a species capable of achieving a height of at least 2m within 5 years of the occupation of the development and no more than 5m at maturity.
Division 3 Development standards for this code relating to commercial premises
Note.
 Division 4 also specifies development standards that apply to development relating to commercial buildings.
Subdivision 1 Application
5A.17   Application of development standards
This Division sets out the development standards that apply to development specified for this code that comprises an addition to existing commercial premises at the rear of the premises or the external alteration of existing commercial premises.
Subdivision 2 General
5A.18   General standards
The standards specified for that development are that—
(a)  the current use of the premises must be a lawful use, and
(b)  the current use of the premises must not be an existing use within the meaning of section 4.65 of the Act, and
(c)  the development must not contravene any condition of an existing development consent that continues to apply to the land, and
(d)  the finish to the proposed building addition or alteration that comprises the development must be of similar materials and colour to the existing premises so that the addition or alteration is in keeping with the existing premises, and
(e)  any new facade created by the development that faces any street must have a surface comprised of not more than 50% glazed materials which must be low reflective glass.
Subdivision 3 Site requirements
5A.19   Maximum gross floor area
(1)  The total gross floor area of any part of additions to existing commercial premises that are to be used for retail purposes must not exceed 1,000m2, or 50% of the gross floor area of the existing commercial premises, whichever is the lesser.
(2)  The total gross floor area of any part of additions to existing commercial premises that are to be used for any other commercial uses must not exceed 2,500m2, or 50% of the gross floor area of the existing commercial premises, whichever is the lesser.
5A.20   Maximum floor space ratio
The maximum floor space ratio of the existing commercial premises as altered or added to must not be more than—
(a)  the maximum floor space ratio applicable to the land on which the premises are erected under another environmental planning instrument applying to the land, or
(b)  if there is no such applicable maximum floor space ratio—1:1.
Subdivision 4 Building heights and setbacks
5A.21   Maximum height
(1)  The maximum height of the existing commercial premises as altered or added to must not be more than—
(a)  if there is a dwelling on an adjoining lot—8.5m, or
(b)  in any other case—
(i)  the maximum height applicable to the land on which the building is erected under another environmental planning instrument applying to the land, or
(ii)  if there is no such applicable maximum height—12m.
(2)  Despite subclause (1), the maximum height of any ancillary development must not be more than 5m.
5A.22   Setbacks
(1)  If the existing commercial premises as altered or added to has a boundary with a parallel road that is a classified road, the addition to the commercial premises must have a setback from the boundary with the parallel road of—
(a)  at least 3m, or
(b)  if a greater setback is applicable in those circumstances under another environmental planning instrument applying to the land on which the commercial premises are erected—at least the setback specified in that instrument.
(2)  If the existing commercial premises to be altered or added to is on a lot that is subject to a proposed road widening under a local environmental plan, the premises must have a setback from the boundary with the road, after acquisition for the road widening, of at least—
(a)  if the road widening is for a local road—10m, or
(b)  if the road widening is for a classified road widening, a future classified road widening or a local road future classified road—3m.
(3)  If there is a building on an adjoining lot that is being used for residential accommodation and that building is located less than 3m from the boundary with the existing commercial premises being altered or added to, the following setbacks are required from the side and rear boundaries of the lot on which the commercial premises are located—
(a)  a distance of at least 1.5m for any part of the alteration or addition to the commercial premises that does not exceed 3m in height above ground level (existing),
(b)  a distance of at least 3m for any part of the alteration or addition to the commercial premises that exceeds 3m but does not exceed 6m in height above ground level (existing),
(c)  a distance of at least 4.5m for any part of the alteration or addition to the commercial premises that exceeds 6m in height above ground level (existing).
(4)  Subclause (3) (a) does not apply if the building on the adjoining lot is being used for a mixed use development that does not include any residential accommodation on the ground floor facing the boundary with the lot on which the existing commercial premises are located.
(5)  If the site of the existing commercial premises has a boundary with a railway corridor, the commercial premises as altered or added to must be located at least 2m from that boundary.
(6)  Subject to the other provisions of this clause, the existing commercial premises as altered or added to may extend to the side and rear boundaries.
(7)  Despite the other provisions of this clause, the requirements of this clause do not apply to the existing parts of a building that are not being altered or added to.
5A.23   Privacy
A window in any part of the existing commercial premises that is being altered or added to must have a privacy screen for any part of the window that is less than 1.5m above finished floor level if—
(a)  the window faces a building used for residential accommodation on an adjoining lot, and
(b)  the wall in which the window is located has a setback of less than 5m from the boundary of that adjoining lot.
Division 4 Development standards for both industrial and commercial development
5A.24   Car parking and access
(1)  Car parking must be provided on site—
(a)  either—
(i)  in accordance with any relevant requirements contained in an environmental planning instrument or a development control plan applying to the land, or
(ii)  if a contribution in relation to car parking in compliance with a contributions plan under Division 7.1 of the Act that is imposed as a condition of approval under clause 136K of the Environmental Planning and Assessment Regulation 2000—if that contribution is made, or
(b)  if there are no relevant requirements as referred to in paragraph (a), in accordance with the document entitled Guide to Traffic Generating Developments, Version 2.2, published by the Roads and Traffic Authority in October 2002.
(2)  The dimensions of all car parking spaces must be designed in accordance with AS/NZS 2890.1:2004, Parking facilities, Part 1: Off-street car parking or AS 2890.2—2002, Parking facilities, Part 2: Off-street commercial vehicle facilities and RMS Australian Standard Supplements, Australian Standard—AS2890, Parking Facilities, Parts 1–6.
(3)  If car parking is in connection with a tertiary institution, the following additional development standards apply—
(a)  must not increase or reduce the number of car spaces currently approved for the land,
(b)  if the parking area is on grade, provide at least 1 tree with a mature height of at least 8m for every 6 cars.
Note.
 Consent from the relevant roads authority may be required under section 138 of the Roads Act 1993 for the building of any kerb, crossover or driveway. See clause 1.18 (1) (e).
5A.25   Loading facilities and driveways
(1)  Each building in the development must be provided with its own loading bay and the loading facilities must be contained wholly within the lot on which the development is carried out.
(2)  Loading bays must be located behind the front building line of the building and must not be located on any side of the building that faces an adjoining lot on which there is a dwelling.
(3)  Driveways within the lot on which the development is carried out must be designed so as to enable vehicles to leave the lot in a forward direction.
(4)  Ingress to and egress from the site, driveway widths, turning circles and the dimensions of all loading bays must be designed in accordance with—
(a)  AS/NZS 2890.1:2004, Parking facilities, Part 1: Off-street car parking or AS 2890.2—2002, Parking facilities, Part 2: Off-street commercial vehicle facilities and RMS Australian Standard Supplements, Australian Standard—AS2890, Parking Facilities, Parts 1–6, and
(b)  the document entitled Guide to Traffic Generating Developments, Version 2.2, published by the Roads and Traffic Authority in October 2002.
5A.26   Garbage and waste storage
(1)  A garbage and waste storage area for recyclable and non-recyclable waste materials and receptacles for those materials must—
(a)  be provided as part of the development, and
(b)  be located entirely within the lot on which the development is being carried out and not on a road or road reserve, and
(c)  comply with the following appendices in the document entitled Better Practice Guidelines for Waste Management and Recycling in Commercial and Industrial Facilities (ISBN 978-1-74293-944-5), published by the NSW Environment Protection Authority in December 2012—
(i)  Appendices A and B, for the size and location of garbage and storage areas and the size of waste receptacles,
(ii)  Appendices C and D, for the design of openings of waste storage areas and loading bay turning circles for waste removal vehicles,
(iii)  Appendix E, for standard signs for waste storage areas,
(iv)  Appendix F for the design and operational capacity of waste storage areas.
(2)  The waste storage area must—
(a)  be screened, and
(b)  be located behind the primary road frontage building line, and
(c)  not be located in any car parking, loading or landscaped area, and
(d)  not be located on any side of the building that faces an adjoining lot on which there is a dwelling.
5A.27   Earthworks
(1) Excavation The standards specified for excavation work are that the work must—
(a)  be structurally sound, and
(b)  if the land is not identified as Class 3 or 4 on the Acid Sulfate Soils Map—not be more than 3m below ground level (existing), and
(c)  if the land is identified as Class 3 or 4 on the Acid Sulfate Soils Map—not be more than 1m below ground level (existing), and
(d)  be carried out at least 40m from any waterbody (natural), and
(e)  not result in a building being located over a registered easement, and
(f)  if it is on a lot adjacent to a rail corridor—be setback at least 3m from the corridor.
(2) Fill The standards specified for fill are that the fill must—
(a)  not raise the ground level (existing) more than 2m, and
(b)  be structurally sound, and
(c)  be located at least 40m from any waterbody (natural).
(3) Structural supports Earthworks that are more than 1m above or below ground level (existing) are structurally sound only if they have structural support that—
(a)  a professional engineer has certified as structurally sound, including in relation to (but not limited to) the ability to withstand the forces of lateral soil load, and
(b)  has adequate drainage lines connected to an existing stormwater drainage system for the site, and
(c)  does not redirect the flow of any water or cause sediment to be transported onto an adjoining property, and
(d)  is not higher than 3m, and
(e)  is separated from any other structural support on the site by at least 2m, measured horizontally, and
(f)  is not located over a registered easement.
5A.28   Drainage
(1)  All stormwater drainage collected as a result of the development must be conveyed by a gravity fed or charged system to—
(a)  a public drainage system, or
(b)  an inter-allotment drainage system, or
(c)  an on-site disposal system.
(2)  All stormwater drainage systems within a lot, and the connection to a public or an inter-allotment drainage system, must—
(a)  if an approval is required under section 68 of the Local Government Act 1993—be approved under that Act, or
(b)  if an approval is not required under section 68 of the Local Government Act 1993—comply with any requirements for the disposal of stormwater drainage contained in a development control plan that is applicable to the land.
5A.29   Development standards for bush fire prone land
(1)  This clause applies—
(a)  to all development specified in clause 5A.2 (1) for this code that is to be carried out on a lot that is wholly or partly bush fire prone land, and
(b)  in addition to all other development standards specified for this code.
(2)  The development may be carried out on the lot only if—
(a)  the development conforms to the specifications and requirements of the following documents that are relevant to the development—
(i)  Planning for Bush Fire Protection (ISBN 0 9751033 2 6) published by the NSW Rural Fire Service in December 2006,
(ii)  Planning for Bush Fire Protection, Addendum: Appendix 3 (ISBN 0 9751033 2 6), published by the NSW Rural Fire Service in April 2010,
(iii)  if another document is prescribed by the regulations for the purposes of section 4.14 of the Environmental Planning and Assessment Act 1979—that document, and
(b)  the part of the lot on which the development is to be carried out is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ), and
(c)  the lot has direct access to a public road or a road vested in or maintained by the council, and
(d)  a reticulated water supply is connected to the lot, and
(e)  a fire hydrant is located less than 60m from the location on the lot of the proposed development, and
(f)  mains electricity is connected to the lot, and
(g)  reticulated or bottled gas on the lot is installed and maintained in accordance with AS/NZS 1596:2008, The storage and handling of LP Gas and the requirements of relevant authorities (such as the requirement that metal piping be used), and
(h)  any gas cylinders on the lot that are within 10m of a dwelling—
(i)  have their release valves directed away from the dwelling, and
(ii)  are enclosed on the hazard side of the installation, and
(iii)  have metal connections to and from the cylinders, and
(i)  there are no polymer sheathed flexible gas supply lines to gas meters adjacent to any dwelling on the lot or an adjoining lot.
Note.
 The requirements of AS 3959—2009, Construction of buildings in bushfire-prone areas set out in the Building Code of Australia also apply.
(3)  A standard specified in subclause (1) (b) is satisfied if one of the following certifies that the development is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ)—
(a)  a person who is recognised by the NSW Rural Fire Service as a suitably qualified consultant in bush fire risk assessment, or
(b)  the council.
Note.
 More information about the categories of bush fire attack, including the flame zone, can be found in Table A3.4.2 of Addendum: Appendix 3 (ISBN 0 9751033 2 6) to the publication titled Planning for Bush Fire Protection (ISBN 0 9751033 2 6) published by NSW Rural Fire Service in 2006.
5A.30   Complying development on flood control lots
(1)  Development under this code must not be carried out on any part of a flood control lot, other than a part of the lot that the council or a professional engineer who specialises in hydraulic engineering has certified, for the purposes of the issue of the complying development certificate, as not being any of the following—
(a)  a flood storage area,
(b)  a floodway area,
(c)  a flow path,
(d)  a high hazard area,
(e)  a high risk area.
(2)  Development that is carried out under this code on any part of a flood control lot must meet the following requirements—
(a)  if there is a minimum floor level adopted in a development control plan by the relevant council for the lot, the development must not cause any habitable room in the dwelling house to have a floor level lower than that floor level,
(b)  any part of the building that is erected at or below the flood planning level is constructed of flood compatible material,
(c)  any part of the building that is erected is able to withstand the forces exerted during a flood by water, debris and buoyancy up to the flood planning level (or if an on-site refuge is provided on the lot, the probable maximum flood level),
(d)  the development must not result in increased flooding elsewhere in the floodplain,
(e)  the lot must have pedestrian and vehicular access to a readily accessible refuge at a level equal to or higher than the lowest habitable floor level of the building,
(f)  vehicular access to the building will not be inundated by water to a level of more than 0.3m during a 1:100 ARI (average recurrent interval) flood event,
(g)  the lot must not have any open car parking spaces or carports lower than the level of a 1:20 ARI (average recurrent interval) flood event.
(3)  The requirements under subclause (2) (c) and (d) are satisfied if a joint report by a professional engineer specialising in hydraulic engineering and a professional engineer specialising in civil engineering states that the requirements are satisfied.
(4)  A word or expression used in this clause has the same meaning as it has in the Floodplain Development Manual, unless it is otherwise defined in this Policy.
(5)  In this clause—
flood compatible material means building materials and surface finishes capable of withstanding prolonged immersion in water.
flood planning level means—
(a)  the flood planning level adopted by a local environmental plan applying to the lot, or
(b)  if a flood planning level is not adopted by a local environmental plan applying to the lot, the flood planning level adopted in a development control plan by the relevant council for the lot.
Floodplain Development Manual means the Floodplain Development Manual (ISBN 0 7347 5476 0) published by the NSW Government in April 2005.
flow path means a flow path identified in the council’s flood study or floodplain risk management study carried out in accordance with the Floodplain Development Manual.
high hazard area means a high hazard area identified in the council’s flood study or floodplain risk management study carried out in accordance with the Floodplain Development Manual.
high risk area means a high risk area identified in the council’s flood study or floodplain risk management study carried out in accordance with the Floodplain Development Manual.
Note 1.
 Council, flood control lot, habitable room and professional engineer are defined in clause 1.5.
Note 2.
 A section 10.7 certificate from a Council will state whether or not a lot is a flood control lot.
5A.30A   Development standards for land near Siding Spring Observatory
(1)  This clause applies—
(a)  to all external lighting associated with development under this Part in the local government areas of Coonamble, Gilgandra, Warrumbungle Shire and that part of the local government area of Dubbo Regional that was formerly in the City of Dubbo, and
(b)  in addition to all other development standards specified for this code.
(2)  The development must—
(a)  be installed or constructed using a shielded light fitting, and
(b)  be downward facing, and
(c)  for each site—not exceed 50,000 lumens, and
(d)  for each individual light—not exceed a maximum colour temperature of 3,500 kelvin.
(3)  In this clause—
shielded light fitting means a light fitting that does not allow light to shine above the horizontal plane.
Division 5 Conditions applying to complying development certificates under this code
5A.31   Conditions specified in Schedule 8 apply
A complying development certificate for development specified under this code must be issued subject to the conditions specified in Schedule 8.