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State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Current version for 17 April 2020 to date (accessed 25 May 2020 at 12:09)
Part 7 Demolition Code
Note.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, the Swimming Pools Act 1992 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 Specified development and development standards under this code
7.1 Specified complying development
(1) The demolition or removal of the following development, is development specified for this code—(a) a dwelling,(b) ancillary development under Part 2, 3A, 4, 5 or 5A,(b1) a swimming pool,(c) an industrial building,(d) a commercial building that would be complying development under the Commercial and Industrial Alterations Code and the Commercial and Industrial (New Buildings and Additions) Code if it were being constructed,(e) attached development or detached development.(2) If development specified under subclause (1) is within a heritage conservation area or a draft heritage conservation area, the development may only relate to—(a) an outbuilding that may be constructed under clause 3.22, 3A.36 or 3C.25, or(b) an alteration under clause 4.1, or(c) an external alteration that may be constructed under clause 4.3(b) or (c), or(d) an attic conversion that may be constructed under clause 4.5.
7.2 Development standards
(1) The standards specified for that development are that—(a) the development must be carried out in accordance with AS 2601—2001, The demolition of structures, and(b) run-off and erosion controls to prevent soil erosion, water pollution or the discharge of loose sediment on the land surrounding the development must be implemented by—(i) diverting uncontaminated run-off around cleared or disturbed areas, and(ii) erecting a silt fence to prevent debris escaping into drainage systems and waterways, and(iii) preventing tracking of sediment by vehicles onto roads, and(iv) stockpiling top soil, excavated materials, construction and landscaping supplies and debris within the lot, and(c) any essential service must be disconnected from the structure being demolished or removed in accordance with the requirements of the relevant authority, and(d) the structure being demolished or removed must not be relocated on the same lot or to a different lot, unless it meets the relevant development standards specified in Part 3, Part 3A or Part 3C, and(e) the development must, if it is the demolition or removal of an existing attached dwelling or a semi-detached dwelling, not be carried out within the front 6m of the dwelling or forward of the roof ridge line.(2) Despite any other development standard of this code, if the development involves the demolition or removal of a wall to a boundary that has a wall less than 0.9m from the boundary, the wall must be demolished or removed in accordance with the method of maintaining support proposed by the professional engineer’s report provided with the application for the complying development certificate.(3) If the demolition or removal referred to in subclause (2) results in the exposure of a common wall, the common wall must, at the completion of the development, be weatherproofed.(4) If a swimming pool is removed—(a) the site of the swimming pool must be filled (if necessary) so as to restore the site to the ground level (existing) adjacent to the pool, taking into account any sloping of the site, and(b) the fill must be compacted, and(c) any piping or similar material must be removed from the site before the site is filled.
Division 2 Conditions applying to complying development certificates under this code
7.3 Conditions specified in Schedule 9 apply
A complying development certificate for development specified under this code must be issued subject to the conditions specified in Schedule 9.