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Guide to Complying Development under the Rural Housing Code

Guide to Complying Development under the Rural Housing Code

State of New South Wales through the NSW Department of Planning and Infrastructure

January 2012

Disclaimer: Every reasonable effort has been made to ensure that this document is correct at time of publication. The State of New South Wales, its agencies and employees, disclaim liability to any person in respect of anything or the consequence of anything done or omitted to be done in reliance upon the whole or any part of this document.

FOR FURTHER INFORMATION CONTACT

Information Centre NSW Government Department of Planning and Infrastructure GPO Box 39 Sydney, NSW Australia

[email protected]

Freecall 1300 305 695

ADDITIONAL RESOURCE MATERIALS

For State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 see: housingcode.planning.nsw.gov.au and www.legislation.nsw.gov.au

The Department of Planning and Infrastructure has developed resources which will help you apply and interpret the Codes SEPP. For legislation, planning circulars and fact sheets see http://housingcode.planning.nsw.gov.au/

RURAL ZONES IN THE CODES SEPP

RU1 Primary Production RU2 Rural Landscape RU3 Forestry RU4 Rural Small Holdings RU5 Village R5 Large Lot Residential (applies in general and rural areas)

ABBREVIATIONS & ACRONYMS

BAL BushfireAttackLevel BCA Building Code of Australia BPB Building Professionals Board CDC ComplyingDevelopmentCertificate CodesSEPP StateEnvironmentalPlanningPolicy (ExemptandComplyingDevelopment Codes) 2008 DA DevelopmentApplication DP&I Department of Planning and Infrastructure DCP DevelopmentControlPlan EP&A EnvironmentalPlanning&Assessment(Act 1979 or Regulation 2000) EPI EnvironmentalPlanningInstrument LEP LocalEnvironmentalPlan RFS RuralFireService RHC Rural Housing Code SEPP StateEnvironmentalPlanningPolicy TPO TreePreservationOrder

Note: Case studies, diagrams, photos and other graphics are included in thisguideforillustrativepurposesonlyandarenotlegallybinding.

Rural Housing Code 1Back to contents page.

Contents

Rural zones in the Codes SEPP ii

Abbreviations & Acronyms ii

Simplifying planning approvals in New South Wales 2

Three paths to building or altering houses in rural zones 2

Getting started 2

Complying development under the Rural Housing 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 requirements for complying development 6

Zones and minimum lot sizes 6

Complying development on excluded land 6

Process for assessing an application on bushfire prone land 8

Process for assessing an application on flood control lots 9

Other required approvals 10

Complying development standards under the Rural Housing Code 11

Lot requirement 11

Site coverage 11

Table 1 Rural housing code – key development standards by lot area 12

Maximum floor area - dwelling house by zone 13

Maximum floor area - outbuildings 13

Maximum floor 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 dwelling 18

Housing Alterations Code 18

Internal alterations 18

External alterations 18

Demolition Code 18

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

Asbestos removal and disposal 18

Conditions for complying development 18

Notifying neighbours 19

Environmental sustainability - BASIX 19

Appendix A Rural development allowed under the general exempt development code 20

Appendix B Land exclusions under the General Exempt Development & Rural Housing Codes 22

Rural Housing Code2 Back to contents page.

The NSW Government has made getting a development approval easier and much quicker. 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 known as “the Codes SEPP”.

The Codes SEPP brings 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 SEPP reduces red tape in the planning process.

Three paths to building or altering houses in rural zonesUnder the NSW planning system, proposals for housing development are either exempt, complying, or requiring a development application (DA).

1. ExemptCertain types of minor development do not need planning or construction approval. They must still meet the General Exempt Development Code standards and other requirements, legislation and codes including the provisions of the Building Code of Australia (BCA).

2. ComplyingIf 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 certifier (council or private). If it meets all the requirements, a complying development certificate (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 to lodge a DA for approval to build a new house, but you can do alterations and additions as

complying development.

3. RequiringaDATo 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. Use this 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 startedTo help you work out whether your proposal is likely to be exempt, complying, or needing a development application, you should first obtain three documents:

1. Section149planningcertificateTo find out whether your proposal is complying development under the Codes SEPP, buy a copy of the full section 149 certificate from your local council. This certificate lists planning conditions and constraints affecting your lot.

2. ThecertificateoftitleThis verifies 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. Surveyplan 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


Complying development under the Rural Housing Code

Four steps to building with a CDC

Start with questions1• 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.

STE

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Get organised2• 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

It’s 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.

STE

PS

TEP Lodge a CDC application3

Council 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.

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IF YES

IF YES

4 steps to building with a Complying Development Certificate


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.au including:

• 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

EnvironmentalPlanning&AssessmentAct1979Div3,Part4and EnvironmentalPlanning&AssessmentRegulation2000

Councils and private accredited certifiers must be familiar with all relevant requirements of the EP&A Act 1979 and EP&A Regulation 2000. This legislation establishes administrative and process requirements, including mandatory conditions for a complying development certificate. The requirements set out in Part 7 “Procedures relating to complying development certificates” of the EP&A Regulation 2000 include, but are not limited to:

• explaining how to apply for a CDC

• confirming the right of an accredited certifier to require additional information

• requiring 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 requirements for certification on bushfire prone land

• listing other conditions such as the requirements of the Home Building Act 1989, how to fulfil BASIX requirements, and how to deal with asbestos.


What is complying development? Complying development can be certified 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 requirements.

Checking that your development compliesTo smooth the path to certification, consult your local council’s building department, or a private accredited certifier for advice before you start and during the design process.

Most complying development is permissible under the NSW planning system because it meets the requirements of the Codes SEPP. Other complying development may be permissible because it meets the requirements of council’s 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 Standard Instrument as their LEP.

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

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

Please note the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 – “the Codes SEPP” is frequently updated, and this document will be updated accordingly.

It is important to refer to the relevant provision within the “Codes SEPP” for the current requirements.

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 Code and relevant legislation, codes and requirements including the provisions of the BCA.

The General Exempt Development Code lists 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 requirements for buildings, refer to the BCA, BASIX, the Home Building Act and relevant Australian Standards and other legislation.

Part 2 of the Codes SEPP lists all exempt development types and applicable development standards. See Appendix A. For more information on exempt development click here.


Getting a CDCThe accredited certifier for a CDC is an accredited certifier working for the local council or privately. The Building Professionals Board oversees accredited certifiers. You can search the BPB’s online database to find an accredited certifier 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 works including: 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 certifier will assess your development proposal against the development standards. Unless you and the certifier agree to an extension, the certifier must decide within 10 days whether your proposal meets all the requirements and to issue a CDC.

Building work may not commence before a CDC has been issued and all relevant conditions satisfied, such as notification to neighbours after the CDC has been issued.

If your proposal does not meet the requirements for a CDC, you can amend your plans to meet the complying development requirements or lodge a DA with the council. Council’s controls may be different to the Codes SEPP and you may need to change your design in order to comply. Generally a DA will take longer to assess and approve.

Additional requirements for complying developmentApart from the requirements specified for development under the Codes SEPP, you need to consider other legislative requirements 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 sizesThe Standard Instrument or LEP defines 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 equivalent zone.

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 equivalent zones can be found on the Housing Code website, click here.

Complying development on excluded landTo find out if you can build a complying development on your lot, refer to your section 149 certificate. 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. Generalexclusions

Clause 1.4 of the Codes SEPP lists general exclusions for land to which the Codes SEPP does not apply:

• where State Environmental Planning Policy (Kosciuszko National Park - Alpine Resorts) 2007 applies

• where State Environmental Planning Policy (Western Sydney Parklands) 2009 applies

• within 18km of land owned by the Australian National University at Siding Spring where the Orana Regional Environmental Plan No.1 - Siding Spring applies


2. Landbasedexclusions

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. Additionalstandardsforparticularland

Examples are: bushfire prone land, flood control lots, and heritage conservation areas.

• Complyingdevelopmentonbushfireproneland

Under the Codes SEPP complying development may occur on low risk bushfire prone land which is land within a bushfire attack level (BAL) of 29 or lower. A suitably qualified consultant, your local council, or the Rural Fire Service (RFS) will thoroughly assess the bushfire risk and certify the bushfire attack level (BAL) under the Planning for Bushfire Protection Guidelines 2006. The council or a private accredited certifier must certify that the proposal complies with AS 3959-2009 Construction of buildings in bushfire prone land for its BAL category and with the standards in the Codes SEPP. For a list of suitably qualified consultants see www.rfs.nsw.gov.au.

• Complyingdevelopmentonfloodcontrollots

Under the Codes SEPP complying development is allowed on some land where there is a low flood risk. Complying development is prohibited on floodways, flood storage areas, flowpaths and areas identified in

local flood plans as high hazard or high risk. Development standards for low hazard flood control lots are specified 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 flood control lots. To find a suitably qualified consultant see www.engineersaustralia.org.au/.

• Complyingdevelopmentinheritageconservationareas

Most development in heritage or draft heritage conservation areas requires 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 rear most 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 habitatComplying development is not allowed on land which is a critical habitat for an endangered species, population or ecological community under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994 or land that is subject to a property vegetation plan under the Native Vegetation Act 2003.

Rural Housing Code8 Back to contents

Process for assessing an application on bushfire 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

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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 alterations and additions. This will minimise additional costs of amending architectural and construction plans later on in the process.

Go to step 3

STE

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TEP 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 canlodge 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 oraccredited 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.

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Process for assessing an application on bushfire prone land

Rural Housing Code 9Back to contents

Process for assessing an application on flood 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

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Is the land identified as being a high hazard area, or: a floodway / a flood flowpath / flood storage area / a high risk area?2

Yes. 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.

STE

PS

TEP 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 aCDC.

• 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 private accredited 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 rise impacts 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 the development 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 development will 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 water greater than 0.3m during a 1:100 ARI (average recurrent interval) flood event.

• The full standards are set out in the Codes SEPP.


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


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Process for assessing an application on flood control lots


Other required approvalsBefore a CDC can be issued, you must get approvals for various works.

Drivewayaccess

• Your house must have lawful direct access (via direct frontage or right of carriageway, but not via a crown road reserve) to a public road which is owned and maintained by the local council.

• If you require any works to be done for the construction of a new driveway crossing or alterations to the pavement, you need to get a separate approval from council under section 138 of the Roads Act 1993.

Drainage

You may also need approval from the council or

local water authority for water supply, sewerage and stormwater drainage works.

Treeremoval

You can remove some trees without obtaining council approval in association with your CDC. However you must obtain council approval if the tree is:

• located 3 metres or more from the development or

• is 6 metres or greater in height or

• is listed on a register of significant trees kept by the council.

Minesubsidence

The section 149 certificate will note if your lot is located in a mine subsidence area identified under the Mine Subsidence Compensation Act 1961. If it is, your proposal must be approved by the Mine


Subsidence Board before you can lodge a CDC application. The setback, building height, site coverage, and floor area requirements 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 4000m².

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 SEPP for full details of the standards.

(3A.9)Lotrequirements

The development standards for R5 zoned lots under 4000m² 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)Sitecoverage

• 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 4000m², to no maximum for lots in R5, RU1, RU2 and RU4 zones which are 4000m² 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 4000m².

Complying development standards under the Rural Housing Code (RHC)

5m

100m

Where party wall exposed by demolition of existing building party wall is required to be protected.

Part demolished dwelling

No demolition to occur forward of ridge line or within 6m of front building line

Existing roof ridge

Proposed addition

6m

SIDE & REAR SETBACKS

1m

Basement

RL 105

RL 104

RL 103

RL 102

Floor above

RL 105 RL 102

Deck

1m

1.4m0.6m

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Area included as site coverage

FiGuRE 1 AREA INCLUDED AS SITE COVERAGE FOR LOTS IN R5 ZONES LESS THAN 4,000M²


Table1.RuRALHOuSiNGCODE–KEYDEVELOPMENTSTANDARDSBYLOTAREA

LotZoneLotArea

R5<4000m²

Ru1,Ru2,Ru4,R5>4000m²

Ru1,Ru2,Ru3.Ru4,R5>4000m²

Developmenttype New dwelling house, alterations and additions, ancillary development

New dwelling house Alterations and additions, ancillary development

Maximumsitecoverage1(FiG1)

30% No maximum No maximum

Maximumfloorareafordwellinghouse(FiG2)

430m² No maximum No maximum

Maximumheightofadwellinghouse(FiG3)

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

Minimumfrontsetbackforlotsonnon-classifiedroads(FiG5+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)

Sidesetback 2.5m 10m 10m

Rearsetback 15m 15m 15m

Minimumlandscapearea(FiG9)

45% of lot No minimum No minimum

Maximumfloorareaforanoutbuilding

500m² - agricultural use, otherwise 100m²

No maximum No maximum

Maximumheightforanoutbuilding

4.8m 4.8m 4.8m

Minimumcarparking 1 car space No minimum Where existing, 1 car space

Principalprivateopenspace(FiG10)

24m² - minimum 3m wide No requirement No requirement

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


(3A.11)Maximumfloorarea–dwellinghousebyzone

The maximum floor area for a new dwelling house on an R5 zoned lot under 4000m² is 430m². To work out how to calculate the floor area of a dwelling house, check the definition for ‘floor area’ in the Codes SEPP.

(3A.12)Maximumfloorarea–outbuildings

The maximum floor area for an outbuilding on an R5 zoned lot under 4000m² is 500m² if the outbuilding is for agricultural use and 100m² for any other use.

(3A.13)Maximumfloorarea–balconies,decks,patios,pergolas,terracesand

verandahs

At ground level there are no limits other than those relating to site coverage and setbacks.

If the floor 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 4000m², the maximum floor area is 12m².

(3A.14)Buildingheights

• Maximum building heights protect the character of rural areas. In areas with significant regional landscapes, height limits safeguard views of significant 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 4000m² where the maximum height is 8.5m.

• The maximum height for an outbuilding in any zone is 4.8m.

5m

100m




Existing roof ridge

Proposed addition

6m


1m

Basement

RL 105

RL 104

RL 103

RL 102

Floor above

RL 105 RL 102

Deck

1m

1.4m0.6m

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FiGuRE 2 AREA INCLUDED AS FLOOR AREA FOR LOTS IN R5 ZONES LESS THAN 4000m2

Area included as floor area

FiGuRE 3 NEW DWELLINGS MUST BE LOCATED 5 METRES BELOW THE HIGHEST RIDGELINE WITHIN 100M OF THE DWELLING

5m

100m




Existing roof ridge

Proposed addition

6m


1m

Basement

RL 105

RL 104

RL 103

RL 102

Floor above

RL 105 RL 102

Deck

1m

1.4m0.6m

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FiGuRE 4 MAXIMUM BUILDING HEIGHT

‘Building height’ varies at different points

10m

m

ax

Outbuilding

Dwelling house

Ground level (existing)

Bui

ldin

g he

ight

Bui

ldin

g he

ight


(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 fits 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 4000m².

For new houses on lots in R5 zones under 4000m², 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 adequate 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)Articulationzone

This applies only to the front setbacks of R5 zoned lots under 4000m².

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.

5m

100m




Existing roof ridge

Proposed addition

6m


1m

Basement

RL 105

RL 104

RL 103

RL 102

Floor above

RL 105 RL 102

Deck

1m

1.4m0.6m

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5.5m

8.5m

7.0mmin

Existing dwelling house within 40m of new house

Existing dwelling house within 40m of new house

FiGuRE 6 IN ESTABLISHED STREETS THE FRONT SETBACK WILL RELATE TO THOSE OF NEIGHBOURING HOUSES ON LAND ZONED R5 LESS THAN 4000m2

Do not include this dwelling house

Do not include carports/garages

Do not include articulation zones

Proposed dwelling house

5m

100m




Existing roof ridge

Proposed addition

6m


1m

Basement

RL 105

RL 104

RL 103

RL 102

Floor above

RL 105 RL 102

Deck

1m

1.4m0.6m

page 32

page 42

page 40

page 45

page 39

FiGuRE 7 ARTICULATION ZONE

Max 25% of dwelling

width

1.5m

Articulation

zone

Front building line

5m

100m




Existing roof ridge

Proposed addition

6m


1m

Basement

RL 105

RL 104

RL 103

RL 102

Floor above

RL 105 RL 102

Deck

1m

1.4m0.6m

page 32

page 42

page 40

page 45

page 39

FiGuRE 5 FRONT SETBACK WHERE THERE ARE NO DWELLING HOUSES WITHIN 40m.

Prim

ary

road

Vacant lot

Vacant lotPrimary road setback varies with lot type

Looks over the street from habitable room


(3A.23)Privacy

This standard applies only to R5 zoned lots under 4000m².

A new window must have a privacy screen if:

• it is a window in a habitable room (other than a bedroom) with a floor 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 3m2 in floor area, and

• has a floor level more than 1m above ground level.

(3A.24)Landscaping

• No minimum landscaped area applies to RU1 – RU4 and R5 zoned lots at least 4000m².

• At least 45% of the site in R5 zones on lots under 4000m² must be landscaped. At least half the front yard must be landscaped. The minimum dimension for the landscaped area is 2.5m.

(3A.25)Principalprivateopenspace

R5 zoned lots under 4000m² must have a private open space at least 3m wide and with a minimum area of 24m².

5m

100m




Existing roof ridge

Proposed addition

6m


1m

Basement

RL 105

RL 104

RL 103

RL 102

Floor above

RL 105 RL 102

Deck

1m

1.4m0.6m

page 32

page 42

page 40

page 45

page 39

< 3m

Floor level

Privacy screen

> 1

.5m

FiGuRE8PRIVACY REqUIREMENTS

FiGuRE9LANDSCAPED AREA ON LAND ZONED R5 LESS THAN 4000m2

5m

100m




Existing roof ridge

Proposed addition

6m


1m

Basement

RL 105

RL 104

RL 103

RL 102

Floor above

RL 105 RL 102

Deck

1m

1.4m0.6m

page 32

page 42

page 40

page 45

page 39

Primary road

2.5m min dimension to be included as landscape area.

At least 50% of the landscaped area must be located in front of the building line to the primary road

FiGuRE10PRINCIPAL PRIVATE OPEN SPACE ON LAND ZONED R5 LESS THAN 4000m2

5m

100m




Existing roof ridge

Proposed addition

6m


1m

Basement

RL 105

RL 104

RL 103

RL 102

Floor above

RL 105 RL 102

Deck

1m

1.4m0.6m

page 32

page 42

page 40

page 45

page 39

Principal private open space

Living area


(3A.26)Carparkingandaccess

• A car parking space may be a garage, carport, or open car parking space

• A new house on an R5 zoned lot under 4000m² must have at least one off-street car parking space.

• For alterations and additions where there is an existing car space, at least one off-street space must be retained.

Additional Standards

(3A.29)Excavationandretainingwalls

• The maximum depth of excavation on a lot which contains a dwelling house is 2m.

• A retaining wall must not extend more than 2m beyond the external wall of the dwelling house or ancillary development.

• Excavation associated with swimming pools must not exceed the depth of the pool structure.

• To check standards for the design of retaining walls, see RHC and Exempt Development Code.

(3A.30)Fill

Fill associated with a dwelling house or ancillary development must comply with the following standards and be contained within the footprint of the external walls of the building or within a retaining wall which:

• must be no higher than 1m (including batters) above existing ground level

• does not redirect any surface water flow on to adjoining property.

Exposed fill constructed using an unprotected embankment (where the dwelling house is set back more than 2m from a side or rear boundary) requires that:

• the fill be no higher than 0.6m above existing ground level

• the fill, but not the head of the embankment, be within 1m of an external wall of the dwelling house or ancillary development

• the toe of the embankment has a setback of more than 0.4m from a side or rear boundary.

Note: For fill outside the building footprint refer also to the standards for exempt development.

(3A.32)Drainage

All stormwater and surface water runoff collected as a result of the construction of a new dwelling, alterations and additions to an existing dwelling, or ancillary development must be conveyed by a gravity fed or pumping system to either:

• a public drainage system

• an inter allotment drainage system

• an on-site disposal system where approved.

5m

100m




Existing roof ridge

Proposed addition

6m


1m

Basement

RL 105

RL 104

RL 103

RL 102

Floor above

RL 105 RL 102

Deck

1m

1.4m0.6m

page 32

page 42

page 40

page 45

page 39

FiGuRE11FILL AND EXCAVATION WITH RETAINING WALLS

2m max cut beyond external wall

2m max cut

Fill contained within external wall

Existing ground level

4m max unprotected cut beyond external wall

Existing ground level

FiGuRE12FILL AND EXCAVATION WITH UNPROTECTED EMBANKMENTS

Max 1m fill

Max 1m retaining wall

0.4m setback

0.6m max fill


To connect to a public or inter-allotment drainage system, you must either:

• comply with the requirements of the DCP applicable to the land or

• seek council approval under section 68 of the Local Government Act.

(3A.33)SwimmingPools

Swimming pools may be constructed as complying development only when ancillary to a new or existing dwelling 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 water’s 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 must have 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 authority’s requirements

• pumps associated with the pool must be located in a soundproof enclosure to meet the requirements 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.

5m

100m




Existing roof ridge

Proposed addition

6m


1m

Basement

RL 105

RL 104

RL 103

RL 102

Floor above

RL 105 RL 102

Deck

1m

1.4m0.6m

page 32

page 42

page 40

page 45

page 39

FiGuRE13SWIMMING POOLS

5m

100m




Existing roof ridge

Proposed addition

6m


1m

Basement

RL 105

RL 104

RL 103

RL 102

Floor above

RL 105 RL 102

Deck

1m

1.4m0.6m

page 32

page 42

page 40

page 45

page 39

FiGuRE14FENCE CONTROLS

Upper 2/3 of fence 50% open construction

1.2m max

Front setback

Fences behind building line maximum 1.8m


Housing Alterations Code

(4.1-4.2)internalalterations

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 flat.

(4.3-4.4)Externalalterations

Under the Housing Alterations Code, external works to a dwelling house or ancillary development must not change the floor 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)Limitationsonthedemolitionorremovalofadwellinghouseandancillary

development

A heritage item, draft heritage item, or dwelling within a heritage conservation area or draft heritage conservation area may not be demolished under the Codes SEPP.

In a heritage conservation area or draft heritage conservation area you may demolish:

• a detached outbuilding up to 20m2 and located 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 authority’s requirements.

A permit or development consent may be required to remove or prune trees or other vegetation. Consult your local council.

Asbestos removal and disposalThe EP&A Regulation 2000 includes a complying development condition for asbestos removal.

To comply with your certificate you must meet the requirements for the safe handling and removal of asbestos by a licensed contractor in accordance with Occupational Health and Safety Regulation 2001 and the Australian Standard for demolition of structures.

Conditions for complying developmentWhen 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)ifyouarebuildingundertheRHC

(4.7-4.11)ifyouarebuildingundertheHousingAlterationsCode

(7.3-7.11)ifyouareundertakingdemolitionworkundertheDemolition

Code

Alterations and additions to an existing dwelling


Notifying neighboursThe standards in the Codes SEPP require 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 required 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 conflict 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 – BASIXA new house or alterations and additions with a total estimated cost of $50,000 or more must have a BASIX Certificate before it can get be approved. BASIX sets key standards for using less energy and water and having cross ventilation and good insulation. Criteria assessed under BASIX include the way the house faces and how it relates to its garden. For further information about BASIX see www.basix.nsw.gov.au.


Appendix A Rural Development Types under the General Exempt Development Code Summary-RuralDevelopmentTypesundertheGeneralExemptDevelopmentCode

Developmenttypes Relevantclauses

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, 2.8

Awnings, 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, 2.56

Playground equipment 2.57, 2.58


Summary-RuralDevelopmentTypesundertheGeneralExemptDevelopmentCode

Developmenttypes Relevantclauses

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, 2.68

Screen 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 identification 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 marquees), temporary alterations and additions to buildings, or works solely for filming purposes

2.78A, 2.78

Tennis courts 2.78C, 2.78D

Tents or marquees used solely for filming purposes 2.78E, 2.78D

Water features and ponds 2.79, 2.80

Windmills 2.81, 2.82


Appendix B Land Exclusions under the General Exempt Development & Rural Housing CodesTable3.Summary-LandExclusionsundertheGeneralExemptDevelopmentCode

Clause Land

S76 of EP&A Act Land that is critical habitat of an endangered species, population or ecological community (identified under the ThreatenedSpeciesConservationAct1995 or the FisheriesManagementAct1994).

Land within a wilderness area (identified under the WildernessAct1987).

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

Must not be designated development as defined under section 77A of the EP&AAct.

Land that comprises, or on which there is, an item that is listed on the State Heritage Register under the HeritageAct1977 or that is subject to an interim heritage order under the HeritageAct1977.

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

1.19 Land described or otherwise identified on a map specified in Schedule 4 of the CodesSEPP.

Land identified as an environmentally sensitive area being;

• the coastal waters of the State,

• a coastal lake,

• land to which StateEnvironmentalPlanningPolicyNo14-CoastalWetlandsorStateEnvironmentalPlanningPolicyNo26-LittoralRainforests applies and land within 100m,

• land reserved as an aquatic reserve under the FisheriesManagementAct1994 or as a marine park under the MarineParksAct1997 and land within 100m,

• land within a wetland of international significance declared under the RamsarConventiononWetlands or within a World heritage area declared under the World Heritage Convention and within 100m,

• land identified in this or another environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,

• land reserved under the NationalParksandWildlifeAct1974 or land to which Part 11 of that Act applies,

• land reserved or dedicated under the CrownLandsAct1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,

• land identified as being critical habitat under the ThreatenedSpeciesConservationAct1995 or Part 7A of the FisheriesManagementAct1994.


Table3.Summary-LandExclusionsundertheRuralHousingCode

Clause Land

1.17A Development that requires concurrence.

Land that is critical habitat.

Land within a wilderness area (identified under the WildernessAct1987).

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 HeritageAct1977 or that is identified as an item of environmental heritage in an environmental planning instrument.

Land identified as an environmentally sensitive area being:

• the coastal waters of the State,

• a coastal lake,

• land to which StateEnvironmentalPlanningPolicyNo14-CoastalWetlands or StateEnvironmentalPlanningPolicyNo26-LittoralRainforests applies and land within 100m,

• land reserved as an aquatic reserve under the FisheriesManagementAct1994 or as a marine park under the MarineParksAct1997 and land within 100m,

• land within a wetland of international significance declared under the RamsarConventiononWetlands or within a World heritage area declared under the World Heritage Convention and within 100m,

• land identified in this or another environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,

• land reserved under the NationalParksandWildlifeAct1974 or land to which Part 11 of that Act applies,

• land reserved or dedicated under the CrownLandsAct1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,

• land identified as being critical habitat under the ThreatenedSpeciesConservationAct1995 or Part 7A of the FisheriesManagementAct1994.


Table3.Summary-LandExclusionsundertheRuralHousingCode

Clause Land

1.19 Land identified 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 identified 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 1 applies, or Unsewered land in any other drinking water catchment identified 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 identified 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 identified by an environmental planning instrument, a development control plan or a policy adopted by the council as being a coastal erosion hazard.

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