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Contents (2009 - 364)
State Environmental Planning Policy (Affordable Rental Housing) 2009
Current version for 14 July 2017 to date (accessed 21 October 2017 at 13:56)
Schedule 1
Schedule 1 Development standards for secondary dwellings
(Clause 23 (1) (g))
Part 1 Preliminary
1   Definitions
(1)  In this Schedule:
ancillary development means any of the following that are associated with a secondary dwelling and that are not exempt development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008:
(a)  an access ramp,
(b)  an awning, blind or canopy,
(c)  a balcony, deck, patio, pergola, terrace or verandah that is attached to a principal or secondary dwelling,
(d)  a carport that is attached to a principal or secondary dwelling,
(e)  a driveway, pathway or paving,
(f)  a fence or screen,
(g)  a garage that is attached to a principal or secondary dwelling,
(h)  an outbuilding,
(i)  a rainwater tank that is attached to a principal or secondary dwelling,
(j)  a retaining wall,
(k)  a swimming pool or spa pool and child-resistant barrier.
outbuilding means any of the following that are detached from a principal or secondary dwelling:
(a)  a balcony, deck, patio, pergola, terrace or verandah,
(b)  a cabana, cubby house, fernery, shed, gazebo or greenhouse,
(c)  a carport or garage,
(d)  a rainwater tank (above ground),
(e)  a shade structure.
(2)  A word or expression used in this Schedule has the same meaning as it has in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 unless it is otherwise defined in this Schedule.
(2A)  A word or expression used in this Schedule and not defined in this clause or in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 has the same meaning as it has in the standard instrument (as in force immediately before the commencement of the Standard Instrument (Local Environmental Plans) Amendment Order 2011).
(3)  In calculating the area of a lot for the purposes of this Schedule, the area of the access laneway is excluded if it is a battle-axe lot.
Part 2 Site requirements
2   Lot requirements
(1)  Development for the purposes of a secondary dwelling or ancillary development may only be carried out on a lot that:
(a)  at the completion of the development will have only one principal dwelling and one secondary dwelling, and
(b)  if it is not a battle-axe lot, has a boundary with a primary road, measured at the building line, of at least the following:
(i)  12 metres, if the lot has an area of at least 450 square metres but not more than 900 square metres,
(ii)  15 metres, if the lot has an area of more than 900 square metres but not more than 1500 square metres,
(iii)  18 metres, if the lot has an area of more than 1500 square metres, and
(c)  if it is a battle-axe lot, has an access laneway of at least 3 metres in width and measuring at least 12 metres by 12 metres, excluding the access laneway.
(2)  A lot on which a new secondary dwelling is erected must have lawful access to a public road.
3   Maximum site coverage of all development
(1)  The site coverage of the principal dwelling, secondary dwelling and all ancillary development on a lot must not be more than the following:
(a)  50 per cent of the area of the lot, if the lot has an area of at least 450 square metres but not more than 900 square metres,
(b)  40 per cent of the area of the lot, if the lot has an area of more than 900 square metres but not more than 1500 square metres,
(c)  30 per cent of the area of the lot, if the lot has an area of more than 1500 square metres.
(2)  For the purpose of calculating the site coverage in subclause (1), the area of any of the following is not included:
(a)  an access ramp,
(b)  that part of an awning, blind or canopy that is outside the outer wall of a building,
(c)  a balcony, deck, patio, pergola, terrace or verandah attached to the principal or secondary dwelling that is not enclosed by a wall higher than 1.4 metres above the floor level,
(d)  an eave,
(e)  a driveway,
(f)  a farm building,
(g)  a fence or screen,
(h)  a pathway or paving,
(i)  a rainwater tank that is attached to the principal or secondary dwelling,
(j)  a swimming pool or spa pool.
4   Maximum floor area for principal and secondary dwelling
(1)  The floor area of a secondary dwelling (excluding any ancillary development) must not be more than 60 square metres or, if a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, that greater floor area.
(2)  The floor area of a principal dwelling, secondary dwelling and any carport, garage, balcony, deck, patio, pergola, terrace or verandah attached to either dwelling and enclosed by a wall (other than the external wall of a dwelling) higher than 1.4 metres above the floor level on a lot must not be more than the following:
(a)  330 square metres, if the lot has an area of at least 450 square metres but not more than 600 square metres,
(b)  380 square metres, if the lot has an area of more than 600 square metres but not more than 900 square metres,
(c)  430 square metres, if the lot has an area of more than 900 square metres.
(3)  For the purpose of calculating the floor area in subclause (2):
floor area means the sum of the areas of each storey of each principal dwelling or secondary dwelling and each carport, garage, balcony, deck, patio, pergola, terrace or verandah, measured at a height of 1.4 metres above each floor level, where the area is taken to be the area within the outer face of:
(a)  the external walls of the principal dwelling or secondary dwelling, and
(b)  the walls of the carport, garage, balcony, deck, patio, pergola, terrace or verandah,
but excluding any of the following:
(c)  any part of an awning, blind or canopy that is outside the outer wall of a building,
(d)  an eave,
(e)  a lift shaft,
(f)  a stairway,
(g)  a void above a lower storey.
5   Setbacks and maximum floor area for balconies, decks, patios, terraces and verandahs
(1)  The total floor area of all balconies, decks, patios, terraces and verandahs on a lot must not be more than 12 square metres if:
(a)  any part of the structure is within 6 metres from a side, or the rear, boundary, and
(b)  the structure has any point of its finished floor level more than 2 metres above ground level (existing).
(2)  The balcony, deck, patio, terrace or verandah must not have any point of its finished floor level:
(a)  if it is located within 3 metres of a side, or the rear, boundary—more than 2 metres above ground level (existing), or
(b)  if it is located more than 3 metres but not more than 6 metres from a side, or the rear, boundary—more than 3 metres above ground level (existing), or
(c)  if it is located more than 6 metres from a side, or the rear, boundary—more than 4 metres above ground level (existing).
(3)  A detached deck, patio or terrace (including any alterations or additions to the deck, patio or terrace) must not have a floor level that is more than 600 millimetres above ground level (existing).
Note.
 Development identified in this clause may require privacy screens under clause 15.
Part 3 Building heights and setbacks
6   Building height
(1)  Development for the purposes of a secondary dwelling or ancillary development must not result in a new building or a new part of an existing building having a building height above ground level (existing) of more than 8.5 metres.
(2)  Development for the purposes of ancillary development must not result in a new building or a new part of an existing building having a building height above ground level (existing) of more than:
(a)  if an outbuilding—4.8 metres, or
(b)  if a fence—1.8 metres.
7   Setbacks from roads, other than classified roads
(1)  Development for the purpose of a secondary dwelling or ancillary development on a lot must result in a new building or a new part of an existing building having a setback from a primary road that is not a classified road of at least:
(a)  the average distance of the setbacks of the nearest 2 dwelling houses having the same primary road boundary and located within 40 metres of the lot on which the principal dwelling is erected, or
(b)  if 2 dwelling houses are not located within 40 metres of the lot:
(i)  in the case of a lot that has an area of at least 450 square metres but not more than 900 square metres—4.5 metres, or
(ii)  in the case of a lot that has an area of more than 900 square metres but not more than 1,500 square metres—6.5 metres, or
(iii)  in the case of a lot that has an area of more than 1,500 square metres—10 metres.
(2)  Development for the purpose of a secondary dwelling or ancillary development on a lot must result in a new building or a new part of an existing building having a setback from a boundary of the lot with a parallel road that is not a classified road of at least 3 metres.
(3)  Development for the purpose of a secondary dwelling or ancillary development on a corner lot must result in a new building or a new part of an existing building on the lot having a setback from the boundary with a secondary road that is not a classified road of at least:
(a)  if the lot has an area of at least 450 square metres but not more than 600 square metres—2 metres, or
(b)  if the lot has an area of more than 600 square metres but not more than 1,500 square metres 3 metres, or
(c)  if the lot has an area of more than 1500 square metres—5 metres.
(4)  For the purposes of this clause, if a lot is a corner lot:
(a)  one of the boundaries that is 6m or more in length is taken to be a boundary with a primary road, and
(b)  the other boundaries are taken to be boundaries with a secondary road.
(5)  For the purposes of this clause, if a lot has contiguous boundaries with a road or roads but is not a corner lot, the lot is taken to have a boundary only with a primary road.
8   Setbacks from classified roads
Development for the purposes of a secondary dwelling or ancillary development must not result in a new building or a new part of an existing building having a setback from a boundary with a classified road of less than:
(a)  if another environmental planning instrument applying to the lot establishes a setback for a dwelling house having a boundary with a classified road, that distance, or
(b)  9 metres in any other case.
9   Setbacks from side boundaries
(1)  Development for the purposes of a secondary dwelling or ancillary development must not result in a new building or a new part of an existing building or any new carport, garage, balcony, deck, patio, pergola, terrace or verandah having a setback from a side boundary of less than the following:
(a)  0.9 metres, if the lot has an area of at least 450 square metres but not more than 900 square metres,
(b)  1.5 metres, if the lot has an area of more than 900 square metres but not more than 1500 square metres,
(c)  2.5 metres, if the lot has an area of more than 1500 square metres.
(2)  Development for the purposes of a secondary dwelling or ancillary development that involves the construction of a new building or additions to an existing building where the new or existing building will, at the end of the development, have a building height at any part of more than 3.8 metres must not result in the new building or any new part of the existing building or any new carport, garage, balcony, deck, patio, pergola, terrace or verandah, having a setback from a side boundary of less than the sum of:
(a)  the amount of the setback specified for the relevant sized lot in subclause (1), and
(b)  an amount that is equal to one-quarter of the additional building height above 3.8 metres.
10   Setbacks from rear boundaries
(1)  Development for the purposes of a secondary dwelling or ancillary development must not result in a new building or a new part of an existing building or any new carport, garage, balcony, deck, patio, pergola, terrace or verandah having a setback from a rear boundary of less than the following:
(a)  3 metres, if the lot has an area of at least 450 square metres but not more than 900 square metres,
(b)  5 metres, if the lot has an area of more than 900 square metres but not more than 1500 square metres,
(c)  10 metres, if the lot has an area of more than 1500 square metres.
(2)  Development for the purposes of a secondary dwelling or ancillary development that involves the construction of a new building or additions to an existing building where the new or existing building will, at the end of the development, have a building height at any part of more than 3.8 metres must not result in the new building or any new part of the existing building or any new carport, garage, balcony, deck, patio, pergola, terrace or verandah, having a setback from a rear boundary of less than the sum of:
(a)  3 metres, plus an amount that is equal to three times the additional building height above 3.8 metres, up to a maximum setback of 8 metres, if the lot has an area of at least 450 square metres but less than 900 square metres, or
(b)  5 metres, plus an amount that is equal to three times the additional building height above 3.8 metres, up to a maximum setback of 12 metres, if the lot has an area of at least 900 square metres but less than 1500 square metres, or
(c)  10 metres, plus an amount that is equal to three times the additional building height above 3.8 metres, up to a maximum of 15 metres, if the lot has an area of at least 1500 square metres.
(3)  Despite subclauses (1) and (2), a dwelling on a lot that has a rear boundary with a laneway may have a building line that abuts that boundary for up to 50 per cent of the length of that boundary.
11   Exceptions to setbacks
Despite any other clause in this Part:
(a)  development for the purposes of a secondary dwelling must not result in a new building or a new part of an existing building having a setback of less than 3 metres from a boundary with a public reserve, and
(b)  side and rear setbacks do not apply to:
(i)  any aerial, antenna, awning, eave, flue, chimney, pipe, cooling or heating appliance, any rainwater tank greater than 1.8 metres in height or any other structure associated with the provision of a utility service if it is located at least 450 millimetres from the relevant boundary, and
(ii)  any fence, fascia, gutter, downpipe, light fitting, electricity or gas meter, driveway, pathway or paving if it is located within any required setback area to the relevant boundary, and
(c)  the setback from a road does not apply to:
(i)  a driveway, fence, pathway, paving or retaining wall, or
(ii)  the articulation zone and any building element that is permitted within that zone, and
(d)  the setback from a rear boundary required by clause 10 of this Schedule does not apply to a lot that has only 3 boundaries, disregarding any boundary of an access lane if the lot is a battle-axe lot.
12   Calculating setbacks
(1)  For the purpose of determining the nearest 2 dwelling houses in clause 7 of this Schedule, a dwelling house located on a battle-axe lot is to be disregarded.
(2)  For the purpose of calculating the setback of the nearest 2 dwelling houses in clause 7 of this Schedule:
(a)  any ancillary development is not to be included, and
(b)  any building element within the articulation zone is not to be included.
(3)  For the purpose of calculating the setbacks for a battle-axe lot, the setback on the opposite side of the lot to the rear setback is taken to be a side setback.
(4)  For the purpose of calculating a side or rear setback, the maximum building height of a dwelling on a sloping lot is to be used.
(5)  A setback is to be calculated at the closest point to the boundary from the building line.
13   Building articulation
(1)  Development for the purpose of a secondary dwelling (other than development on a battle-axe lot) must result in either the principal dwelling or the secondary dwelling having a front door and a window to a habitable room in the building wall that faces a primary road.
(2)  Development for the purpose of a secondary dwelling (other than development on a battle-axe lot) must result in either the principal dwelling or the secondary dwelling having a window to a habitable room in the building wall that faces a parallel road.
(3)  A secondary dwelling, other than a secondary dwelling that has a setback from a primary road of less than 3 metres, may incorporate an articulation zone that extends from the building line to a distance of 1.5 metres into the required setback from the primary road.
(4)  Development for the purpose of a secondary dwelling on a corner lot must result in either the principal dwelling or the secondary dwelling having a window in a habitable room that is at least 1m2 in area and that faces and is visible from a secondary road.
14   Building elements within the articulation zone to a primary road
(1)  The following building elements are permitted in an articulation zone in the setback from a primary road:
(a)  an entry feature or portico,
(b)  a balcony, deck, patio, pergola, terrace or verandah,
(c)  a window box treatment,
(d)  a bay window or similar feature,
(e)  an awning or other feature over a window,
(f)  a sun shading feature.
(2)  A building element must not extend above the eave gutter line, other than a pitched roof to an entry feature or portico that has the same pitch as the roof on the building.
(3)  The maximum total area of all building elements within the articulation zone, other than a building element listed in subclause (1) (e) or (f), must not be more than 25% of the area of the articulation zone.
15   Privacy
(1)  A window in a new secondary dwelling, or a new window in any alteration or addition to an existing principal dwelling for the purpose of a new secondary dwelling, must have a privacy screen for any part of the window that is less than 1.5 metres above the finished floor level if:
(a)  the window:
(i)  is in a habitable room that has a finished floor level that is more than 1 metre above ground level (existing), and
(ii)  has a sill height that is less than 1.5 metres above that floor level, and
(iii)  faces a side or rear boundary and is less than 3 metres from that boundary, or
(b)  the window:
(i)  is in a habitable room that has a finished floor level that is more than 3 metres above ground level (existing), and
(ii)  has a sill height that is less than 1.5 metres above that floor level, and
(iii)  faces a side or rear boundary and is at least 3 metres, but no more than 6 metres, from that boundary.
(2)  Subclause (1) does not apply to a window located in a bedroom where the window has an area of not more than 2 square metres.
(3)  A new balcony, deck, patio, terrace or verandah for the purpose of a new secondary dwelling and any alteration to an existing balcony, deck, patio, terrace or verandah of a secondary dwelling that has a floor area of more than 3 square metres must have a privacy screen if the balcony, deck, patio, terrace or verandah is:
(a)  within 3 metres of a side or rear boundary and has a floor level that is more than 1 metre above ground level (existing), or
(b)  between 3 metres and 6 metres of a side or rear boundary and has a floor level that is more than 2 metres above ground level (existing).
(4)  Any privacy screen required under subclause (3) must be installed:
(a)  to a height of at least 1.7m, but not more than 2.2m, above the finished floor level of the balcony, deck, patio, terrace or verandah, and
(b)  at the edge of that part of the development that is within the areas specified in subclause (3) (a) or (b) and is parallel to or faces towards the relevant side or rear boundary.
Part 4 Landscaping
16   Landscaped area
(1)  A lot on which development for the purposes of a secondary dwelling or ancillary development is carried out must have a landscaped area of at least the following:
(a)  20 per cent, if the lot has an area of at least 450 square metres but not more than 600 square metres,
(b)  25 per cent, if the lot has an area of more than 600 square metres but not more than 900 square metres,
(c)  35 per cent, if the lot has an area of more than 900 square metres but not more than 1500 square metres,
(d)  45 per cent, if the lot has an area of more than 1500 square metres.
(2)  At least 50 per cent of the landscaped area must be located behind the building line to the primary road boundary.
(3)  The landscaped area must be at least 2.5 metres wide.
17   Principal private open space
(1)  A lot on which development for the purposes of a secondary dwelling is carried out must have more than 24 square metres of principal private open space.
(1A)  The principal private open space may be shared by both the principal dwelling and secondary dwelling and may be in the form of a balcony or deck.
(2)  In this clause, principal private open space means an area that:
(a)  is directly accessible from, and adjacent to, a habitable room, other than a bedroom, and
(b)  is more than 4 metres wide, and
(c)  is not steeper than 1:50 gradient.
Note.
 There is no requirement that additional parking spaces be provided in respect of development for the purposes of a secondary dwelling.
Part 5 Earthworks and drainage
18   Earthworks, retaining walls and structural support
(1) Excavation Excavation for the purposes of a secondary dwelling or ancillary development must not exceed a maximum depth, measured from ground level (existing), of:
(a)  if located not more than 1m from any boundary—1m, and
(b)  if located more than 1m but not more than 1.5m from any boundary—2m, and
(c)  if located more than 1.5m from any boundary—3m.
(2)  Despite subclause (1), the excavation must not exceed a maximum depth, measured from ground level (existing), of 1m if the land is identified as Class 3 or 4 on an Acid Sulfate Soils Map or is within 40m of a waterbody (natural).
(3) Fill Fill must not exceed a maximum height, measured from ground level (existing), of:
(a)  if the fill is for the purposes of a secondary dwelling—1m, and
(b)  if the fill is for the purposes of ancillary development—600mm.
(4)  Despite subclause (3), the height of fill contained wholly within the footprint of a secondary dwelling or ancillary development is not limited.
(5)  Fill that is higher than 150mm above ground level (existing) and is not contained wholly within the footprint of a secondary dwelling or ancillary development is limited to 50% of the landscaped area of the lot.
(6)  The ground level (finished) of the fill must not be used to measure the height of any secondary dwelling or ancillary development under this code.
(7) Retaining walls and structural supports Support for earthworks more than 600mm above or below ground level (existing) must take the form of a retaining wall or other structural support that:
(a)  a professional engineer has certified is structurally sound, including the ability to withstand the forces of lateral soil load, and
(b)  has been designed so as not to redirect the flow of any surface water or ground water, or cause sediment to be transported, onto an adjoining property, and
(c)  has adequate drainage lines connected to the stormwater drainage system for the site, and
(d)  does not result in a retaining wall or structural support with a total height measured vertically from the base of the retaining wall or structural support to its uppermost portion that is more than the height of the associated excavation or fill, and
(e)  is separated from any other retaining wall or structural support on the site by at least 2m, measured horizontally, and
(f)  has been installed in accordance with any manufacturer’s specifications, and
(g)  if it is an embankment or batter—must have its toe or top more than 1mfrom any side or rear boundary.
Note.
 Fill and excavation that is not associated with a building may be exempt development under clauses 2.29 and 2.30 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
19, 20   (Repealed)
21   Drainage
(1)  All stormwater collecting as a result of development for the purposes of a secondary dwelling or ancillary 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.
22   Setbacks of secondary dwellings and ancillary development from a protected tree
(1)  Development for the purpose of a secondary dwelling, all ancillary development and any associated excavation on a lot, must have a setback from any protected tree on the lot of at least 3 metres.
(2)  Despite subclause (1), the following ancillary development is permitted within that setback if the development does not require a cut or fill of more than 0.15 metres below or above ground level (existing):
(a)  an access ramp,
(b)  a driveway, pathway or paving,
(c)  an awning, blind or canopy,
(d)  a fence, screen or child-resistant barrier associated with a swimming pool or spa pool.
(3)  In this clause:
protected tree means a tree that requires a separate permit or development consent for pruning or removal, but does not include a tree that may be removed without development consent under this Policy.
Note.
 A separate permit or development consent may be required if the branches or roots of a protected tree on the lot or on adjoining land are required to be pruned or removed.