guide to complying development under the rural housing code

8/12/2019 Guide to Complying Development under the Rural Housing Code

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Guide to Complying Developmentunder theRural Housing Code


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Rural Housing Code 1Back to contents page.

Contents

Rural zones in the Codes SEPP ii

Abbreviations & Acronyms ii

Simplifying planning approvals inNew South Wales 2

Three paths to building or altering houses inrural zones 2

Getting started 2

Complying development under the RuralHousing Code 3

Four steps to building with a CDC 3

What is complying development? 5

Checking that your development complies 5

What is exempt development? 5

Getting a CDC 6

Additional reuirements for complying development 6

Zones and minimum lot sizes 6

Complying development on excluded land 6

Process for assessing an application on bushreprone land 8

Process for assessing an application on oodcontrol lots 9

Other reuired approvals 10

Complying development standards under the RuralHousing Code 11

Lot reuirement 11

Site coverage 11

Table 1Rural housing code key development standardsby lot area 12

Maximum oor area - dwelling house by zone 13

Maximum oor area - outbuildings 13Maximum oor area - balconies, decks, patios,pergolas, terraces and verandahs 13

Building heights 13

Setbacks 14

Articulation zone 14

Privacy 15

Landscaping 15

Principal private open space 15

Car parking and access 16

Additional Standards 16

Excavation and retaining walls 16

Fill 16

Drainage 16

Swimming pools 17

Fences 17

Alterations and additions to an existing dwelling18

Housing Alterations Code 18

Internal alterations 18External alterations 18

Demolition Code 18

Limitations on the demolition or removal of adwelling house and ancillary development 18

Asbestos removal and disposal 18

Conditions for complying development 18

Notifying neighbours 19

Environmental sustainability - BASIX 19

Appendix ARural development allowed under the generalexempt development code 20

Appendix BLand exclusions under the General ExemptDevelopment & Rural Housing Codes 22


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Rural Housing Code2 Back to contents page.

The NSW Government has made getting a

development approval easier and much uicker. You

may now build a one or two storey home or build low

impact additions or alterations to your home without

needing a development application.

State Environmental Planning Policy (Exempt &

Complying Development Codes) 2008, is knownas the Codes SEPP.

The Codes SEPPbrings together in a single,

comprehensive document: the General Exempt

Development Code, the General Development Code,

the General Housing Code, the Rural Housing Code,

the Housing Alterations Code and the Demolition

Code. By regulating complying development, the

Codes SEPPreduces red tape in the planning

process.

Three paths to building or alteringhouses in rural zones

Under the NSW planning system, proposals for

housing development are either exempt, complying,

or reuiring a development application (DA).

1. Exempt

Certain types of minor development do not need

planning or construction approval. They must

still meet the General Exempt Development

Code standards and other reuirements,

legislation and codes including the provisions ofthe Building Code of Australia (BCA).

2. Complyng

If the proposal is not exempt, but meets the

development standards set out in the complying

development codes of the Codes SEPP, it may

be assessed by an accredited certier (council

or private). If it meets all the reuirements, a

complying development certicate (CDC) will be

issued. In rural zones RU1, RU2, RU4 and R5

you need only a CDC to build a new house or

to alter or add to a house. In RU3 you need tolodge a DA for approval to build a new house,

but you can do alterations and additions as

complying development.

3. Reqrng a DA

To build a house which is neither exempt nor

complying, you need to lodge a DA for consent

to build with the relevant consent authority,

usually the local council.

This guide deals with complying development. Usethis guide to work out:

if the Codes SEPP applies

if your proposal meets the development

standards in the Codes SEPP

which other conditions, standards, approvals or

legislation apply.

Getting started

To help you work out whether your proposal is likely

to be exempt, complying, or needing a developmentapplication, you should rst obtain three documents:

1. Secton 149 plannng certcate

To nd out whether your proposal is complying

development under the Codes SEPP, buy a copy

of the full section 149 certicate from your local

council. This certicate lists planning conditions

and constraints affecting your lot.

2. The certcate of ttle

This veries the size of the lot and lists any

easements or notations which may affect it. You

can download it from www.lpma.nsw.gov.au/

land_titles/property_search.

3. Srvey plan

Essential to designing your house, this plan

is prepared by a registered surveyor. It shows

where easements, boundaries and houses on

adjoining lots are located as well as services,

contours and existing ground levels where

you plan to build. You need this information to

determine setbacks and building heights.

Simplifying Planning Approvals in

New South Wales


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Complying development under the Rural

Housing Code

Four steps to building with a CDC

Start with questions

1 Ask council or a private accredited certifier:

Can I build a new house on my site? Issues: zone, lot size

Could I get a CDC to build on my site? Issues: constraints such as flood, bushfire or heritage listing, development standards - refer to Codes SEPP.

Proceed to Step 2.

STEP

Get organised

2 Buy 149 certificate from council. Order a survey showing all information relevant to your site: contours, roads, ridgelines, any neighbouring

houses, easements.

Design your house plans to meet the requirements of the Codes SEPP.

Issues: setbacks, landscaping, BCA

Its a good idea to discuss your plans with your neighbours.

Get a BASIX certificate for your design.

Find out whether other permits are required, e.g. for tree removal or driveway crossing.

STEP

STEP Lodge a CDC application

3Council or a private accredited certifier will check your plans.

If your plans meet all requirements, a CDC is issued within 10 working days.

If your CDC is returned, you can either:

Amend your plans and lodge the CDC application again.

Lodge a DA with council.

Prepare to build4Appoint a principal certifying authority (PCA) to undertake inspections and issue an occupation certificate.You must give your neighbours at least two days notice before you start building work. You may give them more

notice if you wish.

STEP

IF YES

IF YES


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To help decide whether your development is exempt or complying, you or your adviser may need to refer

to the Environmental Planning and Assessment Act 1979 (EP&A Act 1979)and Environmental Planning and

Assessment Regulation 2000 (EP&A Regulation 2000)as well as other legislation listed at

www.legislation.nsw.gov.auincluding:

Local Government Act 1993

Building Code of Australia (BCA)

Australian Standards (AS) (as relevant)

Home Building Act 1989

Standard Instrument Principal Local Environmental Plan

Roads Act 1993

Swimming Pools Act 1992

National Parks and Wildlife Act 1974

Conveyancing Act 1919

Protection of the Environment Operations Act 1991

Occupational Health & Safety Regulation 2001

Threatened Species Act 1995

Envronmental Plannng & Assessment Act 1979 Dv 3, Part 4 and

Envronmental Plannng & Assessment Reglaton 2000

Councils and private accredited certiers must be familiar with all relevant reuirements of the EP&A Act

1979and EP&A Regulation 2000. This legislation establishes administrative and process reuirements,

including mandatory conditions for a complying development certicate. The reuirements set out in Part 7

Procedures relating to complying development certicates of theEP&A Regulation 2000include, but are

not limited to:

explaining how to apply for a CDC

conrming the right of an accredited certier to reuire additional information

reuiring a site inspection

setting a time limit for determining a CDC also refer to s85A (8) of the EP&A Act

stating compliance with the Building Code of Australia

specifying the reuirements for certication on bushre prone land

listing other conditions such as the reuirements of the Home Building Act 1989, how to fullBASIX

reuirements, and how to deal with asbestos.


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What is complying development?

Complying development can be certied as meeting

all the development standards set out in Part 1 of

the Codes SEPP. In general, complying development

must:

be permissible with consent in the land use zone

where you plan to build

satisfy the relevant provisions of the BCA

satisfy the land based reuirements.

Checking that your developmentcomplies

To smooth the path to certication, consult your local

councils building department, or a private accredited

certier for advice before you start and during the

design process.

Most complying development is permissible under

the NSW planning system because it meets the

reuirements of the Codes SEPP. Other complying

development may be permissible because it meets

the reuirements of councils local environmental

plan(LEP)or development control plans (DCPs)

and other Environmental Planning Instruments

(EPIs)for complying development such as:

State Environmental Planning Policy

(Infrastructure) 2007 State Environmental Planning Policy (Affordable

Rental Housing) 2009

Note:NSW councils are adopting the StandardInstrument as their LEP.

See www.planning.nsw.gov.au/LocalEnvironmentalPlans/StandardInstrument/tabid/247/Default.aspx

The information contained in this document iscorrect as of the date of publication.

Please note the State Environmental PlanningPolicy (Exempt and Complying DevelopmentCodes) 2008 the Codes SEPPis freuentlyupdated, and this document will be updatedaccordingly.

It is important to refer to the relevant provisionwithin the Codes SEPP for the currentreuirements.

What is exempt development?

If you are doing small scale or minor building

works, you probably do not need formal planning

or construction approval. Your proposal must meet

the standards of the General Exempt Development

Codeand relevant legislation, codes and

reuirements including the provisions of the BCA.

The General Exempt Development Codelists

more than 40 domestic developments which are

exempt, including: air-conditioning units, balconies,decks, pergolas, terraces, verandahs, cabanas,

cubby houses, ferneries, garden sheds, gazebos,

greenhouses, driveways, carports, farm buildings

and fences.

For information regarding technical reuirements

for buildings, refer to the BCA, BASIX, the Home

Building Actand relevant Australian Standards and

other legislation.

Part 2 of the Codes SEPPlists all exempt

development types and applicable development

standards. See Appendix A. For more information

on exempt development click here.


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Getting a CDC

The accredited certier for a CDC is an accredited

certier working for the local council or privately. The

Building Professionals Board oversees accredited

certiers. You can search the BPBs online database

to nd an accredited certier by local area or

accreditation category. See www.bpb.nsw.gov.au

Before you apply for a CDC, you need to get

approvals, licences and permits for various worksincluding: roadworks to create a driveway to your

property, drainage, tree removal, and, if applicable,

building in a mine subsidence area.

When you apply for a CDC, the certier will assess

your development proposal against the development

standards. Unless you and the certier agree to an

extension, the certier must decide within 10 days

whether your proposal meets all the reuirements

and to issue a CDC.

Building work may not commence before a CDC

has been issued and all relevant conditions satised,such as notication to neighbours after the CDC has

been issued.

If your proposal does not meet the reuirements

for a CDC, you can amend your plans to meet the

complying development reuirements or lodge a DA

with the council. Councils controls may be different

to the Codes SEPPand you may need to change

your design in order to comply. Generally a DA will

take longer to assess and approve.

Additional reuirements forcomplying development

Apart from the reuirements specied for

development under the Codes SEPP, you need to

consider other legislative reuirements for approvals,

licences, permits and authorities.

If a development is close to infrastructure, including

water, stormwater and sewer mains, gas, electricity

power lines and telecommunications facilities, you

should contact the relevant infrastructure authority

before commencing your development.

Zones and minimum lot sizes

The Standard Instrument or LEP denes zones

and may set minimum lot sizes in each zone. For

complying development the lot you plan to build

a house on must be at least the minimum lot size

permitted for the erection of a dwelling house.

If a council has not yet made a LEP in accordance

with the Standard Instrument, complying

development can be carried out in an euivalentzone.

You will know whether the LEP in force in your local

government area is a new Standard Instrument LEP

by the names given to the zones. RU1, RU2, RU3,

RU4 and RU5 are the new names for rural zones.

Tables of euivalent zones can be found on theHousing Code website, click here.

Complying development on excludedland

To nd out if you can build a complying development

on your lot, refer to your section 149 certicate. Even

if complying development is not allowed, you may

still be able to lodge a DA for consent to build on the

land.

There are three levels of exclusion:

1. General exclsons

Clause 1.4 of the Codes SEPPlists general

exclusions for land to which the Codes SEPPdoes

not apply:

where State Environmental Planning Policy

(Kosciuszko National Park - Alpine Resorts) 2007

applies

where State Environmental Planning Policy

(Western Sydney Parklands) 2009applies

within 18km of land owned by the Australian

National University at Siding Spring where the

Orana Regional Environmental Plan No.1 - Siding

Spring applies


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2. Land based exclsons

Some land is excluded from the Codes SEPP,

including environmentally sensitive land.

Refer to Appendix B for tables listing land where you

cannot build.

Although your lot may be subject to exclusions,

check with council as the part of your lot where you

want to build may not be affected by the exclusion.

3. Addtonal standards for partclar

land

Examples are: bushre prone land, ood control lots,

and heritage conservation areas.

Complyng development on bshre prone

land

Under the Codes SEPPcomplying development may

occur on low risk bushre prone land which is land

within a bushre attack level (BAL) of 29 or lower.

A suitably ualied consultant, your local counci l, or

the Rural Fire Service (RFS) will thoroughly assess

the bushre risk and certify the bushre attack level

(BAL) under the Planning for Bushre Protection

Guidelines 2006.

The council or a private accredited certier must

certify that the proposal complies withAS 3959-

2009 Construction of buildings in bushre prone

landfor its BAL category and with the standards

in the Codes SEPP. For a list of suitably ualied

consultants see www.rfs.nsw.gov.au.

Complyng development on ood control lots

Under the Codes SEPP complying development is

allowed on some land where there is a low ood risk.

Complying development is prohibited on oodways,

ood storage areas, owpaths and areas identied in

local ood plans as high hazard or high risk.

Development standards for low hazard ood

control lots are specied in the Rural Housing Code

(RHC). The local council or a professional engineer

specialising in hydraulic engineering must certify

that your proposed development complies with

the development standards for ood control lots.

To nd a suitably ualied consultant see www.

engineersaustralia.org.au/.

Complyng development n hertage

conservaton areas

Most development in heritage or draft heritage

conservation areas reuires a DA. However, some

minor development with minimal impact is permitted

as complying development under the Codes SEPP.

This includes:

Swimming pools located behind the rear

most building line and set back from the side

boundaries no less than the dwelling house.

Detached outbuildings located behind the rearmost building line and set back from the side

boundaries no less than the dwelling house.

Internal alterations.

External alterations to a part of a dwelling that is

single storey, a wall including a wall opening and

behind the rear most building line.

Critical habitat

Complying development is not allowed on land

which is a critical habitat for an endangered

species, population or ecological community under

theThreatened Species Conservation Act 1995or

the Fisheries Management Act 1994or land that

is subject to a property vegetation plan under the

Native Vegetation Act 2003.


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Rural Housing Code8 Back to contents

Process for assessing an application on bushre prone land

Is the land bushfire prone?

1Yes.You may be able to lodge a CDC application.

You can determine whether your land is bushfire prone from a s.149 certificate from your local council.

Go to step 2

STEP

Is the bushfire risk categorised as high risk (i.e. BAL 40 or BAL FZ)?2Yes.A CDC application cannot be lodged on high risk bushfire prone land.

A DA would need to be lodged with the local council.

No.You may be able to lodge a CDC. You will still need to meet the bushfire development standards and specified development

requirements for complying development under the RHC.

A suitably qualified consultant or the council can identify the category of bush fire attack risk to determine whether your land is

suitable for a complying development.

It is best practice to establish the bushfire attack risk category of your land before designing your dwelling house or alterationsand additions. This will minimise additional costs of amending architectural and construction plans later on in the process.

Go to step 3

STEP

STEP Does the proposal comply with the bushfire development standards in the RHC?3

Yes.If you meet the bushfire specific development requirements and development standards for complying development you can

lodge a CDC with the local council or a private accredited certifier.A CDC should include all necessary and relevant information to enable the accredited certifier to issue the certificate.

Any CDC will need to meet all other relevant requirements and development standards of the Codes SEPP.

No.Consider amending the proposal, lodging a DA or consulting with your local council, a suitable qualified consultant or

accredited certifier for options.

Go to step 4

Do you meet all of the requirements for Complying Development in the Codes SEPP?4Yes.A CDC can be issued by the accredited certifier.

No.Consider amending the proposal, lodging a DA or consulting with your local council or accredited certifier for options.

STEP


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Rural Housing Code 9Back to contents

Process for assessing an application on ood control lots

Is the land a flood control lot?

1Yes.You may be able to lodge a CDC.

You can determine whether your land is a flood control lot from a s.149 certificate from your local council.

Go to step 2

STEP

Is the land identified as being a high hazard area, or: a floodway / a flood flowpath /

flood storage area / a high risk area?2Yes. A CDC cannot be lodged on high risk or high hazard flood control lots. A DA would need to be lodged with the localcouncil.

While a s.149 certificate will identify if your lot is a flood control lot, only the council or a suitably qualified person is able todetermine that the lot is not located within a high risk or high hazard area.

No.You may be able to lodge a CDC.

If a suitably qualified person or the council is unable to confirm that the area is not high risk or high hazard, then the

development cannot be considered as complying development.

Go to the next step if land is certified as not in a high risk or high hazard flood area.

STEP

STEP Is the land located within the flood planning area?3

Yes.If the land is located in a flood planning area, flood related development standards will apply.

No.If the land is not located in a flood planning area, there are no additional flood related development standards applicable to a

CDC.Only a council or a suitably qualified person can determine if the lot is located within a flood planning area.

Go to the next step.

Does the proposal comply with the flood control lot development standards in the Codes SEPP?4Yes. If the development standards for flood control lots are all met, the CDC can be issued by the local council or a privateaccredited certifier.

Only a council or a suitably qualified person can certify that the proposed development meets the applicable standards.

The development standards include, but are not limited to:

minimum floor level of habitable room above FPL as provided by the local council (including consideration of sea level riseimpacts where relevant),

the part of the development below the habitable floor level is of flood compatible material,

a registered structural engineer or a registered civil engineer with significant hydrological and hydraulics experience confirms thedevelopment can withstand the forces of floodwater, debris and buoyancy up to the flood planning level,

the council or a registered civil engineer with significant hydrological and hydraulics experience confirms that the developmentwill not increase flood affectation elsewhere in the floodplain,

reliable access for pedestrians or vehicles is available from the development to a safe refuge,

open car parking spaces or carports are no lower than the 20-year flood level,

the driveways between car parking spaces and the connecting public roadway will not be inundated by a depth of watergreater than 0.3m during a 1:100 ARI (average recurrent interval) flood event.

The full standards are set out in the Codes SEPP.


STEP

Do you meet all of the requirements for Complying Development in the Codes SEPP?5Yes.A CDC can be determined.


STEP


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Subsidence Board before you can lodge a CDC

application.

The setback, building height, site coverage, and

oor area reuirements for a dwelling house vary

depending on the zoning and size of the land.

Site coverage means how much of your lot may

be built on. Rural lots are generally larger, so there

is more room to place a house on a lot without

needing to work out whether the percentage of the

site being developed is too great. In R5 (rural village),

site coverage standards apply only to lots which are

under 4000m.

Development standards under the RHC are not

as restrictive as those under the General Housing

Code. This is because a rural site of, say, 40 hectares

can be developed without having an impact on the

neighbours as much as in a suburban area. In RU1

RU4 and R5 there are fewer development standards.

The following table shows the key development

standards you must meet when building a new house

or altering or adding to an existing dwelling house

under the Codes SEPP. Check the Codes SEPPfor

full details of the standards.

(3A.9) Lot reqrements

The development standards for R5 zoned lots under

4000m maintain the residential character of these

lots. In R5 zone, lots must be at least 18m wide at

the building line. The exception is battle-axe lots,which must have an access laneway at least 3m wide

and must measure at least 12m x 12m (excluding the

access laneway).

(3A.10) Ste coverage

The total area of the lot to be covered by a

dwelling house and all ancillary development

(e.g. carport, garage, shed) varies from 30% for

lots in R5 zones which are under 4000m, to

no maximum for lots in R5, RU1, RU2 and RU4

zones which are 4000m and over.

The site area of battle axe lots excludes access

handles.

In RU3 zones, new dwelling houses cannot be

approved as complying development. There is no

limit on site coverage for alterations and additions

and ancillary development to an existing dwelling

house in an RU3 zone, on a lot which is at least

4000m.

Complying development standards under

the Rural Housing Code (RHC)

Area includedas site coverage

FiGuRE1 AREA INCLUDED AS SITE COVERAGE FOR LOTSIN R5 ZONES LESS THAN 4,000M


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Table 1. RuRAL HOuSiNG CODE KEY DEVELOPMENT STANDARDS BY LOT AREA

Lot Zone

Lot Area

R54000m

Ru1, Ru2, Ru3. Ru4, R5>4000m

Development type New dwelling house,

alterations and additions,

ancillary development

New dwelling house Alterations and additions,

ancillary development

Maxmm ste coverage 1

(FiG 1)

30% No maximum No maximum

Maxmm oor area fordwellng hose

(FiG 2)

430m No maximum No maximum

Maxmm heght of adwellng hose(FiG 3)

8.5m - must be at

least 5m below highest

ridgeline of any hill within

100m

10m - must be at least

5m below highest

ridgeline of any hill

within 100m

10m - must be at least 5m

below highest ridgeline of

any hill within 100m

Mnmm front setbackfor lots on non-classedroads(FiG 5 + 6)

Average of nearest two

dwelling houses within

40 m of lot, or within 10 m

where two dwellings are

not located within

40 m of lot

15m (R5)

30m (RU4)

50m (RU1 & RU2)

15m (R5)

30m (RU4)

50m (RU1 - RU3)

Sde setback 2.5m 10m 10m

Rear setback 15m 15m 15m

Mnmm landscapearea(FiG 9)

45% of lot No minimum No minimum

Maxmm oor area foran otbldng

500m - agricultural use,

otherwise 100m

No maximum No maximum

Maxmm heght for anotbldng

4.8m 4.8m 4.8m

Mnmm car parkng 1 car space No minimum Where existing, 1 carspace

Prncpal prvate openspace(FiG 10)

24m - minimum 3m wide No reuirement No reuirement

1.The site area of battle axe lots excludes access handles.


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(3A.11) Maxmm oor area dwellng

hose by zone

The maximum oor area for a new dwelling house on

an R5 zoned lot under 4000m is 430m. To work out

how to calculate the oor area of a dwelling house,

check the denition for oor area in the Codes

SEPP.

(3A.12) Maxmm oor area otbldngs

The maximum oor area for an outbuilding on an R5

zoned lot under 4000m is 500m if the outbuilding is

for agricultural use and 100m for any other use.

(3A.13) Maxmm oor area balcones,

decks, patos, pergolas, terraces and

verandahs

At ground level there are no limits other than those

relating to site coverage and setbacks.

If the oor level of balconies, decks, patios, pergolas,

terraces and verandahs attached to a dwelling house

is more than 3m above existing ground level on an

R5 zoned lot under 4000m, the maximum oor area

is 12m.

(3A.14) Bldng heghts

Maximum building heights protect the character

of rural areas. In areas with signicant regional

landscapes, height limits safeguard views of

signicant ridgelines. Any new dwelling house or

alterations and additions must be located at least

5 metres below the highest ridgeline or hill within

100m of the house.

The maximum height for a dwelling house in a

rural zone is 10m, except for lots in R5 zones

which are under 4000m where the maximum

height is 8.5m.

The maximum height for an outbuilding in any

zone is 4.8m.FiGuRE2 AREA INCLUDED AS FLOOR AREAFOR LOTS IN R5 ZONES LESS THAN 4000m2

Area included asoor area

FiGuRE3 NEW DWELLINGS MUST BE LOCATED 5 METRES

BELOW THE HIGHEST RIDGELINE WITHIN 100M OFTHE DWELLING

5m

100m

FiGuRE4 MAXIMUM BUILDING HEIGHT

Building height varies atdifferent points

10m

max

Outbuilding

Dwellinghouse

Ground level (existing)

Buildingheight

Buildingheight


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(3A.15-20) Setbacks

Setbacks determine the relationship of a dwelling to

the street and neighbouring houses.

The front setback is the distance between your

house and the boundary of your lot to the primary

street frontage. This setback ensures your house ts

with the surrounding built form and landscape. In

rural areas front setbacks are generous.

The front setback is a set distance for RU1 RU4

and R5 zoned lots which are at least 4000m.

For new houses on lots in R5 zones under 4000m,

the front setback is the average of the nearest

two dwellings within 40m. Where this cannot be

measured, it is 10m.

Side and rear setbacks are set to ensure adeuate

separation between houses.

Setbacks of outbuildings from side and rear

boundaries depend on their use. Agricultural uses

must be set back 10m. Non-agricultural outbuildings

must be set back by 5m.

(3A.21-22) Artclaton zone

This applies only to the front setbacks of R5 zoned

lots under 4000m.

Unless it is on a battle-axe lot, a dwelling house must

have a front door and a window to a habitable room

in the wall that faces a primary road.

5.5m

8.5m

7.0mmin

Existing dwellinghouse within40m of newhouse

Existing dwellinghouse within40m of newhouse

FiGuRE6 IN ESTABLISHED STREETS THE FRONT SETBACKWILL RELATE TO THOSE OF NEIGHBOURINGHOUSES ON LAND ZONED R5 LESS THAN 4000m2

Do notincludethisdwellinghouse

Do not include carports/garages

Do not include articulation zones

Proposeddwellinghouse

FiGuRE7ARTICUL ATION ZONE

Max 25%of dwelling

width

1.5m

Articulation

zone

Front building line

FiGuRE5 FRONT SETBACK WHERE THERE ARE NODWELLING HOUSES WITHIN 40m.

Primaryroad

Vacant lot

Vacant lotPrimary roadsetback varieswith lot type

Looks over the streetfrom habitable room


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(3A.23) Prvacy

This standard applies only to R5 zoned lots under

4000m.

A new window must have a privacy screen if:

it is a window in a habitable room (other than a

bedroom) with a oor level more than 1 m above

ground level

the wall is set back less than 3m from a side or

rear boundary, and the window has a sill height of less than 1.5m.

A balcony, deck, patio etc must have a privacy

screen if:

it is set back less than 3m from a side or rear

boundary

is more than 3m2in oor area, and

has a oor level more than 1m above ground

level.

(3A.24) Landscapng

No minimum landscaped area applies to RU1

RU4 and R5 zoned lots at least 4000m.

At least 45% of the site in R5 zones on lots under

4000m must be landscaped. At least half the

front yard must be landscaped. The minimum

dimension for the landscaped area is 2.5m.

(3A.25) Prncpal prvate open space

R5 zoned lots under 4000m must have a privateopen space at least 3m wide and with a minimum

area of 24m.

< 3m

Floor level

Privacy screen

>1.5m

FiGuRE 8 PRIVACY REqUIREMENTS

FiGuRE 9 LANDSCAPED AREA ON LAND ZONED R5 LESS THAN 4000m2

Primary road

2.5m mindimension tobe includedas landscapearea.

At least 50% ofthe landscapedarea must belocated in frontof the buildingline to theprimary road

FiGuRE 10 PRINCIPAL PRIVATE OPEN SPACE ON LAND ZONED R5 LESS THAN 4000m2

Principalprivateopenspace

Livingarea


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To connect to a public or inter-allotment drainage

system, you must either:

comply with the reuirements of the DCP

applicable to the land or

seek council approval under section 68 of the

Local Government Act.

(3A.33) Swmmng Pools

Swimming pools may be constructed as complying

development only when ancillary to a new or existingdwelling house. When constructing a swimming pool

on a lot containing a dwelling house, the following

standards apply:

the swimming pool must be located in the rear

yard or behind the front building line

the waters edge must be at least 1m from side

and/or rear boundary/ies

the pool coping must be no more than 1.4m

above existing ground level; if it is more than 0.6m

above existing ground level, the coping musthave a maximum width of 0.3m

decking associated with a pool must be no more

than 0.6 above the existing ground level

waste waters from the pool must be discharged

in accordance with the relevant authoritys

reuirements

pumps associated with the pool must be

located in a soundproof enclosure to meet the

reuirements of the Protection of the Environment

Operations Regulation.

(3A.34) Fences

Fences between the front setback and the dwelling

house facing a primary road must be no higher than

1.2m. The upper two thirds of the fence must be at

least 50% open construction. Other fences must be

no higher than 1.8m.

Deck

1m

1.4m

0.6m

FiGuRE 13 SWIMMING POOLS

FiGuRE 14 FENCE CONTROLS

Upper 2/3

of fence50% openconstruction

1.2mmax

Frontsetback

Fences behind buildingline maximum 1.8m


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Housing Alterations Code

(4.1-4.2) internal alteratons

Internal alterations to an existing dwelling house or

ancillary development associated with a dwelling

house may be carried out under the Housing

Alterations Code.

You may not alter the interior of an existing dwelling

or ancillary development to add a separate dwelling

such as a at.

(4.3-4.4) External alteratons

Under the Housing Alterations Code, external works

to a dwelling house or ancillary development must

not change the oor area or the footprint of the

dwelling house.

Demolition CodeGenerally, a dwelling house, ancillary development

associated with a dwelling house or a swimming pool

may be demolished under the Demolition Code.

(7.1-7.2) Lmtatons on the demolton or

removal of a dwellng hose and ancllary

development

A heritage item, draft heri tage item, or dwelling

within a heritage conservation area or draft heritage

conservation area may not be demolished under theCodes SEPP.

In a heritage conservation area or draft heritage

conservation area you may demolish:

a detached outbuilding up to 20m2andlocated

behind the rear and side most building line of

the dwelling house and no closer to each side

boundary than the dwelling house

internal elements of a dwelling in a heritage

conservation area or draft heritage conservation

area

external parts of a dwelling relating to works

carried out under the Housing Alterations Code.

All essential services must be disconnected

in accordance with the relevant authoritys

reuirements.

A permit or development consent may be reuired to

remove or prune trees or other vegetation. Consultyour local council.

Asbestos removal and disposal

The EP&A Regulation 2000includes a complying

development condition for asbestos removal.

To comply with your certicate you must meet the

reuirements for the safe handling and removal of

asbestos by a licensed contractor in accordance with

Occupational Health and Safety Regulation 2001and

the Australian Standard for demolition of structures.

Conditions for complyingdevelopment

When building a complying development, you must

comply with the conditions under the Codes SEPP

and in the EP&A Regulation including the conditions

in:

(3A.39 3A.48) f yo are bldng nder

the RHC

(4.7 - 4.11) f yo are bldng nder the

Hosng Alteratons Code

(7.3 - 7.11) f yo are ndertakng

demolton work nder the Demolton

Code

Alterations and additions to an existing

dwelling


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Notifying neighbours

The standards in the Codes SEPPreuire new

houses to be built in a way which considers the

amenity and privacy of neighbours. You have to notify

your neighbours of complying development at least

two days before commencement of site work. You

are not reuired to ask your neighbours to comment

on your development before your CDC is issued.

However, it is a good idea to talk about the design of

your proposed development with your neighbours.

To avoid conict later on, it is best to do this from an

early stage.

People have different views on how a development

may affect them. Being positive and having an open

mind about your neighbours opinions will help

achieve a good result.

Environmental sustainability BASIX

A new house or alterations and additions with a

total estimated cost of $50,000 or more must have

a BASIXCerticate before it can get be approved.

BASIXsets key standards for using less energy

and water and having cross ventilation and good

insulation. Criteria assessed under BASIXinclude the

way the house faces and how it relates to its garden.

For further information about BASIXsee www.basix.

nsw.gov.au.


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Appendix A

Rural Development Types under the GeneralExempt Development CodeSmmary - Rral Development Types nder the General Exempt Development Code

Development types Relevant clases

Access ramps 2.1, 2.2

Aerials and antennae 2.3, 2.4

Air-conditioning units 2.5, 2.6

Animal shelters 2.6A, 2.6B

Aviaries 2.7, 2.8Awnings, blinds and canopies 2.9, 2.10

Balconies, decks, patios, pergolas, terraces and verandahs 2.11, 2.12

Barbecues & other outdoor cooking structures 2.13, 2.14

Cabanas, cubby houses, ferneries, garden sheds, gazebos and greenhouses 2.17, 2.18

Carports 2.19, 2.20

Clothes hoists and clothes lines 2.21, 2.20

Communications dishes (radio and satellite) 2.23, 2.24

Demolition 2.25, 2.26

Driveways 2.27, 2.28

Earthworks and retaining walls 2.29, 2.30

Emergency works and temporary repairs 2.30AA, 2.30

Evaporative cooling units (roof mounted) 2.30A, 2.30B

Farm buildings and structures 2.31, 2.32

Fences (non-rural) behind the building line 2.33, 2.34

Fences (non-rural) forward of the building line 2.35, 2.36

Fences (rural) 2.37, 2.38

Filming 2.38A, 2.38

Flagpoles 2.39, 2.40

Fowl and poultry houses 2.41, 2.42

Fuel tanks and gas storage 2.4AA, 2.42AB

Garbage bin storage enclosure 2.42A, 2.42B

Hard stand spaces 2.42C, 2.42D

Home businesses, home industries and home occupations 2.43, 2.44

Home-based child care 2.45, 2.46

Hot water systems 2.46A, 2.46B

Landscaping structures 2.47, 2.48

Letterboxes 2.49, 2.50

Maintenance of buildings in draft Heritage Conservation Areas 2.50A, 2.50

Minor building alterations (internal) 2.51, 2.52

Minor building alterations (external) 2.53, 2.54

Pathways and paving 2.55, 2.56Playground euipment 2.57, 2.58


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Smmary - Rral Development Types nder the General Exempt Development Code

Development types Relevant clases

Portable swimming pools and spas and child-resistant barriers 2.59, 2.60

Privacy screens 2.61, 2.62

Rainwater tanks (above ground) 2.63, 2.64

Rainwater tanks (below ground) 2.65, 2.66

Scaffolding, hoardings and temporary construction site fences 2.67, 2.68Screen enclosures (of balconies, decks, patios, pergolas, terraces and verandahs) 2.69, 2.70

Shade structures of canvas, fabric, mesh or the like 2.71, 2.72

Signage (replacement of identication signs) 2.72A, 2.72B

Skylights, roof windows, ventilators 2.73, 2.74

Subdivision 2.75, 2.76

Temporary builders structures 2.77, 2.78

Temporary structures (other than tents and maruees), temporary alterations and

additions to buildings, or works solely for lming purposes

2.78A, 2.78

Tennis courts 2.78C, 2.78D

Tents or maruees used solely for lming purposes 2.78E, 2.78D

Water features and ponds 2.79, 2.80

Windmills 2.81, 2.82


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Appendix B

Land Exclusions under the General ExemptDevelopment & Rural Housing CodesTable 3. Smmary - Land Exclsons nder the General Exempt Development Code

Clase Land

S76 of EP&A Act Land that is critical habitat of an endangered species, population or ecological

community (identied under the Threatened Speces Conservaton Act 1995or the

Fsheres Management Act 1994).

Land within a wilderness area (identied under theWlderness Act 1987).

1.16 Meet the relevant provisions of the Building Code of Australia.

Must not be designated development as dened under section 77A of the EP&A Act.

Land that comprises, or on which there is, an item that is listed on the State Heritage

Register under the Hertage Act 1977or that is subject to an interim heritage order under

the Hertage Act 1977.

Must not involve removal or pruning of a tree or vegetation unless approval is obtained

where reuired.

1.19 Land described or otherwise identied on a map specied in Schedule 4 of the Codes

SEPP.

Land identied as an environmentally sensitive area being;

the coastal waters of the State,

a coastal lake,

land to which State Envronmental Plannng Polcy No 14 - Coastal Wetlands or

State Envronmental Plannng Polcy No 26 - Lttoral Ranforestsapplies and land

within 100m,

land reserved as an auatic reserve under the Fsheres Management Act 1994or

as a marine park under the Marne Parks Act 1997and land within 100m,

land within a wetland of international signicance declared under the Ramsar

Conventon on Wetlandsor within a World heritage area declared under the World

Heritage Convention and within 100m,

land identied in this or another environmental planning instrument as being of high

Aboriginal cultural signicance or high biodiversity signicance,

land reserved under the Natonal Parks and Wldlfe Act 1974or land to which Part

11 of that Act applies,

land reserved or dedicated under the Crown Lands Act 1989for the preservation of

ora, fauna, geological formations or for other environmental protection purposes,

land identied as being critical habitat under the Threatened Speces Conservaton

Act 1995or Part 7A of theFsheres Management Act 1994.


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Table 3. Smmary - Land Exclsons nder the Rral Hosng Code

Clase Land

1.17A Development that reuires concurrence.

Land that is critical habitat.

Land within a wilderness area (identied under the Wlderness Act 1987).

Land that comprises, or on which there is, an item of environmental heritage that is

listed on the State Heritage Register or that is subject to an interim heritage order under

the Hertage Act 1977or that is identied as an item of environmental heritage in an

environmental planning instrument.

Land identied as an environmentally sensitive area being:

the coastal waters of the State,

a coastal lake,

land to which State Envronmental Plannng Polcy No 14 - Coastal Wetlandsor

State Envronmental Plannng Polcy No 26 - Lttoral Ranforestsapplies and land

within 100m,

land reserved as an auatic reserve under the Fsheres Management Act 1994oras a marine park under the Marne Parks Act 1997and land within 100m,

land within a wetland of international signicance declared under the Ramsar

Conventon on Wetlandsor within a World heritage area declared under the World

Heritage Convention and within 100m,

land identied in this or another environmental planning instrument as being of high

Aboriginal cultural signicance or high biodiversity signicance,

land reserved under the Natonal Parks and Wldlfe Act 1974or land to which Part

11 of that Act applies,

land reserved or dedicated under the Crown Lands Act 1989for the preservation of

ora, fauna, geological formations or for other environmental protection purposes,

land identied as being critical habitat under the Threatened Speces Conservaton

Act 1995or Part 7A of the Fsheres Management Act 1994.


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Table 3. Smmary - Land Exclsons nder the Rral Hosng Code

Clase Land

1.19 Land identied as an environmentally sensitive area.

Land that comprises, or on which there is, an item that is a draft heritage item.

Land that is within a heritage conservation area of a draft heritage conservation area,

unless the development is a detached outbuilding or swimming pool.

Land that is reserved for a public purpose in an environmental planning instrument and

identied on an Acid Sulfate Soils Map as being Class 1 or Class 2.

Land that is subject to a biobanking agreement under Part 7A of the Threatened Species

Conservation Act 1995 or a property vegetation plan under the Native Vegetation Act

2003.

Land in a foreshore area.

Land that is in the 25 ANEF contour or a higher ANEF contour, unless the development is

only for the erection of ancillary development, the alteration of or an addition to ancillary

development or the alteration of a dwelling house.

Unsewered land to which Drinking Water Catchments Regional Environmental Plan No 1applies, or

Unsewered land in any other drinking water catchment identied in any other

environmental planning instrument.

Land that is declared to be a special area under the Sydney Water Catchment

Management Act 1998.

Excluded land identied by an environmental planning Instrument being:

within a buffer area,

within a river front area,

within an ecologically sensitive area,

environmentally sensitive land,

within a protected area, or

land identied by an environmental planning instrument, a development control plan

or a policy adopted by the council as being a coastal erosion hazard.

guide to complying development under the rural housing code

Documents