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Contents (2008 - 572)
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State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Current version for 8 February 2019 to date (accessed 18 June 2019 at 18:43)
Schedule 3
Schedule 3 Complying development codes—variations
(Clause 1.12 (2))
Column 1
Column 2
Land to which variation applies
Variation
Bankstown
Every lot in the local government area of Bankstown that is in Zone R2 Low Density Residential and has an area of not more than 450m2
The Housing Code is varied in its application by inserting the following after clauses 3.9 (2) and 3.19 (2):
  
(3) 
However, the total floor area of a dwelling house, detached studio, basement and any secondary dwelling on a lot must not be more than 50% of the area of the lot.
Bega Valley
All of the land in the local government area of Bega Valley
The Rural Housing Code is varied in its application by inserting the following after clause 3A.2 (2):
  
(3) 
Despite subclause (2), if a lot referred to in subclause (1) (a) was created for the purpose of the erection of a new single storey or 2 storey dwelling house by a subdivision for which development consent has been granted, the erection of the dwelling house is development specified for this code.
Snowy Monaro
All of the land in the local government area of Snowy Monaro
The Rural Housing Code is varied in its application by:
(a)  inserting “(other than in the local government area of Snowy Monaro)” after “dwelling house” in clause 3A.2 (1),
(b)  inserting after clause 3A.2 (2) the following subclause:
  
(2A)  The erection of a new single storey or two storey dwelling house within the local government area of Snowy Monaro is development specified for this code if the development is erected on a lot that:
(a)  has an area of at least 80 hectares, or
(b)  is subject to a restriction created under section 88B of the Conveyancing Act 1919 that specifies a building envelope for the lot and was required by the council.
This variation to the Rural Housing Code ceases to have effect on 1 January 2021.
 
The Inland Code is varied in its application by the following:
(a)  inserting “(other than in the local government area of Snowy Monaro)” after “dwelling house” in clause 3D.3 (1) (a),
(b)  inserting after clause 3D.3 (1) the following subclause:
  
(1A)  The erection of a new single storey or two storey dwelling house within the local government area of Snowy Monaro is development specified for this code if the development is erected on a lot that:
(a)  has an area of at least 80 hectares, or
(b)  is subject to a restriction created under section 88B of the Conveyancing Act 1919 that specifies a building envelope for the lot and was required by the council.
Cumberland/Parramatta (formerly Holroyd City)
All of the land in the local government areas of Cumberland and City of Parramatta that was formerly within Holroyd City
The Housing Code is varied in its application by omitting clauses 3.16 (1) (a) and (4) and 3.23 (3).
Fairfield City
All of the land in the local government area of Fairfield City
The Housing Code is varied in its application by omitting clauses 3.16 (1) (a) and (4) and 3.23 (3).
Lake Macquarie
The land in the local government area of Lake Macquarie that is identified as “former Cockle Creek Smelter and Incitec site” on the Cockle Creek Smelter Land Map within the meaning of State Environmental Planning Policy No 55—Remediation of Land
The Housing Code is varied in its application by inserting the following after clause 3.1 (1):
  
(1A) 
Despite subclause (1), development described in subclause (1) (a) (being the erection of a new 1 or 2 storey dwelling house and any attached development) on land identified as “former Cockle Creek Smelter and Incitec site” on the Cockle Creek Smelter Land Map within the meaning of State Environmental Planning Policy No 55—Remediation of Land is not complying development under this code.
The Low Rise Medium Density Housing Code is varied in its application by inserting the following at the end of clause 3B.2:
  
(1A) 
Development on land identified as “former Cockle Creek Smelter and Incitec site” on the Cockle Creek Smelter Land Map within the meaning of State Environmental Planning Policy No 55—Remediation of Land is not complying development under this code.
The Greenfield Housing Code is varied in its application by inserting after clause 3C.1 (1):
  
(1A) 
Despite subclause (1), this code does not apply to land identified as “former Cockle Creek Smelter and Incitec site” on the Cockle Creek Smelter Land Map within the meaning of State Environmental Planning Policy No 55—Remediation of Land.
 
The Commercial and Industrial (New Buildings and Additions) Code is varied in its application by inserting the following after clause 5A.2 (1):
  
(1A) 
Despite subclause (1), development described in subclause (1) (a) (being 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) on land identified as “former Cockle Creek Smelter and Incitec site” on the Cockle Creek Smelter Land Map within the meaning of State Environmental Planning Policy No 55—Remediation of Land is not development specified for this code.
The Subdivisions Code is varied in its application by inserting the following after clause 6.3 (1):
  
(1A) 
Despite subclause (1), this clause does not apply to land identified as “former Cockle Creek Smelter and Incitec site” on the Cockle Creek Smelter Land Map within the meaning of State Environmental Planning Policy No 55—Remediation of Land.
Liverpool City
Part of Lot 121, DP 876962 and part of Lot 101, DP 1043160, 5 Viscount Place, Warwick Farm, as shown coloured light purple on the Liverpool Local Environmental Plan 2008 Key Sites Map
The Commercial and Industrial Alterations Code is varied in its application by omitting Subdivision 2 of Division 1.
Queanbeyan-Palerang
All of the land in the local government area of Queanbeyan-Palerang that is inside the heavy black line shown on the map within the meaning of the Palerang Local Environmental Plan 2014
The Rural Housing Code is varied in its application by:
(a)  inserting “(other than on land in the local government area of Queanbeyan-Palerang that is inside the heavy black line shown on the map within the meaning of the Palerang Local Environmental Plan 2014)” after “dwelling house” in clause 3A.2 (1),
(b)  inserting after clause 3A.2 (2) the following subclause:
  
(2A)  The erection of a new single storey or two storey dwelling house on land in the local government area of Queanbeyan-Palerang that is inside the heavy black line shown on the map within the meaning of the Palerang Local Environmental Plan 2014 is development specified for this code if the development is erected on a lot that:
(a)  has an area of at least 80 hectares, or
(b)  is subject to a restriction created under section 88B of the Conveyancing Act 1919 that specifies a building envelope for the lot and was required by the council.
This variation to the Rural Housing Code ceases to have effect on 1 January 2021.
 
The Inland Code is varied in its application by the following:
(a)  inserting “(other than in the local government area of Queanbeyan-Palerang that is inside the heavy black line shown on the map within the meaning of the Palerang Local Environmental Plan 2014)” after “dwelling house” in clause 3D.3 (1) (a),
(b)  inserting after clause 3D.3 (1) the following subclause:
  
(1A)  The erection of a new single storey or two storey dwelling house within the local government area of Queanbeyan-Palerang is development specified for this code if the development is erected on a lot that:
(a)  has an area of at least 80 hectares, or
(b)  is subject to a restriction created under section 88B of the Conveyancing Act 1919 that specifies a building envelope for the lot and was required by the council.
Penrith
Lot 1021, DP 812335, 63 Mulgoa Road; Lot 1, DP 1043008, 73 Mulgoa Road; Lots 151 and 152, DP 863625, 83 and 109 Mulgoa Road; Lot 12 and part of Lot 13, DP 710086, 123–135 Mulgoa Road; Lot 1, DP 1064526, 1 Retreat Road
The Commercial and Industrial Alterations Code is varied in its application by omitting Subdivision 2 of Division 1
Port Macquarie-Hastings
All of the land in the local government area of Port Macquarie-Hastings
The Housing Code is varied in its application as follows:
(a)  by omitting clause 3.10 (1),
(b)  by omitting the table to clause 3.10 (3) and inserting instead:
  
Lot size
Minimum setback from primary road
less than or equal to 300m2
3m
>300m2
4.5m
(c)  by omitting the table to clause 3.10 (4) and inserting instead:
  
Lot width at the building line
Building height at any point
Minimum required setback from each side boundary
6m–10m
0m–5.5m
900mm
6m–10m
>5.5m–8.5m
(building height–5.5m) ÷ 4 + 0.9m
>10m
0m–4.5m
900mm
>10m
>4.5m–8.5m
(building height–4.5m) ÷ 4 + 0.9m
Riverstone Scheduled Lands
All lots within the Riverstone Scheduled Lands (within the meaning of State Environmental Planning Policy (Sydney Region Growth Centres) 2006) other than a lot that has direct frontage to Loftus Street, Bandon Road or Windsor Road
The Housing Code is varied in its application by inserting the following after clause 3.1 (1):
  
(1A) 
However, development referred to in subclause (1) (a) is only complying development under this code if it is carried out on a lot created in accordance with the provisions of Appendix 4 (Alex Avenue and Riverstone Precinct Plan 2010) to State Environmental Planning Policy (Sydney Region Growth Centres) 2006.
Singleton
All of the land in the local government area of Singleton that is within the heavy black line shown on the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Singleton Complying Development Land Map
The Rural Housing Code is varied in its application by the following:
(a)  inserting the following after clause 3.A2 (2):
  
(3)  Despite subclauses (1) and (2), this clause does not apply to any lot (or part of a lot) within the heavy black line shown on the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Singleton Complying Development Land Map.
(b)  inserting the following after clause 3.A3 (2):
  
(3)  Despite subclauses (1) and (2), this clause does not apply to any lot (or part of a lot) within the heavy black line shown on the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Singleton Complying Development Land Map.
This variation to the Rural Housing Code ceases to have effect on 1 January 2021.
 
The Inland Code is varied in its application by the following:
(a)  inserting the following after clause 3D.9 (2):
  
(3)  Despite subclause (1), this Division does not apply to the erection or alteration of, or an addition to, a 1 or 2 storey dwelling house on any lot (or part of a lot) within the heavy black line shown on the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Singleton Complying Development Land Map.
(b)  inserting the following after clause 3D.28 (2):
  
(3)  Despite subclause (1), this Division does not apply to the erection or alteration of, or an addition to, a dwelling house on any lot (or part of a lot) within the heavy black line shown on the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Singleton Complying Development Land Map.
Tamworth Regional
All of the land in the local government area of Tamworth Regional
The Housing Code is varied in its application by omitting the table to clause 3.10 (4) and inserting instead:
  
Lot width at the building line
Building height at any point
Minimum required setback from each side boundary
6m–10m
0m–5.5m
900mm
6m–10m
>5.5m–8.5m
(building height–5.5m) ÷ 4 + 0.9m
>10m
0m–4.5m
900mm
>10m
>4.5m–8.5m
(building height–4.5m) ÷ 4 + 0.9m
This variation to the Rural Housing Code ceases to have effect on 1 January 2021.
 
The Inland Code is varied in its application by omitting the table to clause 3D.21 (7) and clause 3D.21 (8) and inserting instead:
  
Lot width at the building line
Building height at any point
Minimum required setback from each side boundary
6m–10m
0m–5.5m
900mm
6m–10m
>5.5m–8.5m
(building height–5.5m) ÷ 4 + 0.9m
>10m
0m–4.5m
900mm
>10m
>4.5m–8.5m
(building height–5.5m) ÷ 4 + 0.9m
Wingecarribee
All of the land in the local government area of Wingecarribee
The Housing Code is varied in its application as follows:
(a)  by inserting “–4,000m2” after “>1,500m2” in the first column of the table to clause 3.10 (3),
(b)  by inserting in appropriate order in the table to clause 3.10 (3):
  
>4,000m2
15m
(c)  by inserting after clause 3.10 (4):
  
(4A)  Despite the table to subclause (4), if the lot has an area of at least 4,000m2 the minimum required setback from each side boundary is 7.5m.
(d)  by inserting “–4,000m2” after “>300m2” in the first column of the table to clause 3.13 (1),
(e)  by inserting in appropriate order in the table to clause 3.13 (1):
  
>4,000m2
75% of lot area