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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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Rural Housing Code 3Back to contents page.
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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Rural Housing Code4 Back to contents page.
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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Rural Housing Code6 Back to contents page.
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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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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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.
No.Consider amending the proposal, lodging a DA or consulting with your local council or accredited certifier for options.
STEP
Do you meet all of the requirements for Complying Development in the Codes SEPP?5Yes.A CDC can be determined.
No.Consider amending the proposal, lodging a DA or consulting with your local council or accredited certifier for options.
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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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.