State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

pt 3BA: Ins 2025 (355), Sch 1[6]. Division 1 Preliminary pt 3BA, div 1: Ins 2025 (355), Sch 1[6]. 3BA.1 Interpretation (1) A word or expression used in this part has the same meaning as in the Standard Instrument unless it is otherwise defined in this part. (2) In this part— pattern means a pattern published by the Department in July 2025. cl 3BA.1: Ins 2025 (355), Sch 1[6]. 3BA.2 Application of part This part applies as follows— (a) for Lot 411, DP 1278302—from the commencement of this part, (b) for other land—from 30 July 2025. cl 3BA.2: Ins 2025 (355), Sch 1[6]. Division 2 Requirements for complying development under this code pt 3BA, div 2: Ins 2025 (355), Sch 1[6]. 3BA.3 Development that is complying development under this code (1) This clause applies to land in Zone R1 General Residential, Zone R2 Low Density Residential and Zone R3 Medium Density Residential. (2) Development for the purposes of dual occupancies and associated attached development or detached development is development specified for this code if the development is carried out in accordance with the development standards, location requirements, technical drawing set and technical information specified in the pattern identified as— (a) “Semis 01 by Anthony Gill Architects”, or (b) “Semis 02 by Sibling Architecture”. (3) Development for the purposes of manor houses and associated attached development or detached development is development specified for this code if the development is carried out in accordance with the development standards, location requirements, technical drawing set and technical information specified in the pattern identified as “Manor Homes 01 by Studio Johnston”. (4) Development for the purposes of multi dwelling housing and associated attached development or detached development is development specified for this code if the development is carried out in accordance with the development standards, location requirements, technical drawing set and technical information specified in the pattern identified as “Row Homes 01 by SAHA”. (5) Development for the purposes of multi dwelling housing (terraces) and associated attached development or detached development is development specified for this code if the development is carried out in accordance with the development standards, location requirements, technical drawing set and technical information specified in the pattern identified as— (a) “Terraces 01 by Carter Williamson”, or (b) “Terraces 02 by Sam Crawford Architects”, or (c) “Terraces 03 by Officer Woods Architects”, or (d) “Terraces 04 by Other Architects x NMBW”. (6) Development for the purposes of secondary dwellings associated with development carried out under subclause (5)(d) is development specified for this code if the development is carried out in accordance with the development standards, location requirements, technical drawing set and technical information specified in the pattern identified as “Terraces 04 by Other Architects x NMBW”. Note— Clauses 1.17A, 1.18 and 1.19 set out additional requirements for complying development. (7) Subclauses (2)–(5) do not apply to a lot if— (a) the size of the lot is less than— (i) if the development is for the purposes of dual occupancies—the minimum lot size for the erection of dual occupancies under an environmental planning instrument applying to the lot, or (ii) if the development is for the purposes of manor houses—the minimum lot size for the erection of manor houses under an environmental planning instrument applying to the lot, or (iii) if the development is for the purposes of multi dwelling housing—the minimum lot size for the erection of multi dwelling housing under an environmental planning instrument applying to the lot, or (iv) if the development is for the purposes of multi dwelling housing (terraces)—the minimum lot size for the erection of multi dwelling housing (terraces) under an environmental planning instrument applying to the lot, or (b) the lot will not have lawful access to a public road at the completion of the development. (8) Subclause (7)(a) does not apply to a lot if the lot is on land within the low and mid rise housing area. (9) In this clause— low and mid rise housing area has the same meaning as in State Environmental Planning Policy (Housing) 2021 , Chapter 6. cl 3BA.3: Ins 2025 (355), Sch 1[6]. 3BA.4 Torrens title subdivision of land (1) This clause applies to land on which development for the purposes of dual occupancies, multi dwelling housing or multi dwelling housing (terraces) has been or will be carried out, but only if no part of a dwelling is located above any part of another dwelling. (2) If a single complying development certificate application proposes both the erection of a building to which this clause applies and the Torrens title subdivision of the land on which the development will be carried out, the subdivision of the land is complying development. (3) A Torrens title subdivision of land is also complying development if development located on the land satisfies the following— (a) the development is development to which this clause applies, (b) the development is development for which a complying development certificate has been issued under this part. (4) Subclauses (2) and (3) do not apply unless— (a) there will be only 1 dwelling on each resulting lot at the completion of the development, and (b) dual occupancies, multi dwelling housing or multi dwelling housing (terraces) are permissible, with consent, under an environmental planning instrument applying to the land. (5) Subclause (4)(a) does not apply if the development that has or will be carried out on the land includes a secondary dwelling permitted by clause 3BA.3(6). or clause 3BA.14(2). (6) A compliance certificate may be issued by an accredited certifier for a subdivision under this clause. cl 3BA.4: Ins 2025 (355), Sch 1[6]. 3BA.5 Strata subdivision of land (1) This clause applies to land on which development for the purposes of dual occupancies, manor houses, multi dwelling housing or multi dwelling housing (terraces) has been or will be carried out. (2) If a single complying development certificate application proposes both the erection of a building to which this clause applies and the strata subdivision of the land on which the development will be carried out, the strata subdivision of that land is complying development. (3) A strata subdivision of land is also complying development if development located on the land satisfies the following— (a) the development is development to which this clause applies, (b) the development is development for which a complying development certificate has been issued under this part. (4) Subclause (3) does not apply if the subdivision would contravene a condition of a complying development certificate that applies to the land. (5) A compliance certificate may be issued by an accredited certifier for a subdivision under this clause. cl 3BA.5: Ins 2025 (355), Sch 1[6]. 3BA.6 Development that is not complying development under this code The following development is not complying development under this code— (a) development on bush fire prone land, (b) development on a flood control lot, (c) development that is complying development under the Housing Alterations Code, (d) development on a battle-axe lot, (e) development on any lot on which there is a secondary dwelling or group home, whether or not the development is attached to the dwelling or home, (f) the erection of a building over a registered easement, (g) development to which State Environmental Planning Policy (Housing) 2021 , Chapter 2, Part 2, Division 1 applies, unless it is development that is being carried out by or on behalf of the New South Wales Land and Housing Corporation constituted by the Housing Act 2001 , (h) development on unsewered land, (i) development on land identified as susceptible to landslide risk in— (i) an environmental planning instrument applying to the land, or (ii) for land to which Warringah Local Environmental Plan 2011 applies—“Area C” or “Area E” on the Landslip Risk Map within the meaning of that plan. Note— A planning certificate from a council will state whether or not a lot is a flood control lot. cl 3BA.6: Ins 2025 (355), Sch 1[6]. 3BA.7 Development standards for land near Siding Spring Observatory (1) If complying development under this code is carried out on land in the local government area of Coonamble, Dubbo Regional, Gilgandra or Warrumbungle Shire, the development standards in this clause apply in addition to any other development standards. (2) Complying development specified for this code may only be carried out if it does not result in residential accommodation on land in the local government area of— (a) Coonamble, Dubbo Regional, Gilgandra or Warrumbungle Shire with an outside light fitting other than a shielded light fitting, and (b) Coonamble, Gilgandra or Warrumbungle Shire with more than 7 shielded outside light fittings or more than 5 such light fittings that are not automatic light fittings. cl 3BA.7: Ins 2025 (355), Sch 1[6]. Division 3 Development standards for associated works, including earthworks, retaining walls, drainage, protection of walls, protection of trees and conditions under complying development certificates pt 3BA, div 3: Ins 2025 (355), Sch 1[6]. 3BA.8 Earthworks, retaining walls and structural support (1) Excavation for the purposes of development under this code must not exceed a maximum depth, measured from ground level (existing), of— (a) if located not more than 1m from any boundary—1m, or (b) if located more than 1m but not more than 1.5m from any boundary—2m, or (c) if located more than 1.5m from any boundary—3m. (2) Excavation for the purposes of a pier in a pier and beam foundation may exceed the maximum depth specified in subclause (1) if a professional engineer has certified the depth of the excavation. (3) Despite subclauses (1) and (2), the excavation must not exceed a maximum depth, measured from ground level (existing), of 1m if— (a) the land is identified as Class 3 or 4 on an Acid Sulfate Soils Map, or (b) the land is within 40m of a waterbody (natural), or (c) the excavation is an aquifer interference activity within the meaning of the Water Management Act 2000 . (4) Before an excavation exceeding a maximum depth, measured from ground level (existing), of 1m is carried out on a lot— (a) a geotechnical investigation report for the lot must be obtained, and (b) the report must show— (i) no groundwater is present on the part of the lot where the excavation is to be carried out, or (ii) groundwater is present on the part of the lot but is below the level of the excavation. (5) The geotechnical investigation report required under subclause (4) must— (a) be prepared by a professional engineer specialising in geotechnical engineering, and (b) be prepared in accordance with AS 1726:2017 , Geotechnical site investigations . (6) Fill must not exceed a maximum height, measured from ground level (existing), of— (a) if the fill is for the purposes of the erection or alteration of, or an addition to, a dual occupancy or manor house under this code—1m, or (b) if the fill is for any other purpose under this code—600mm. (7) Despite subclause (6), the height of fill is not limited if the fill is contained— (a) wholly within the footprint of a building, attached development or detached development, or (b) by a drop edge beam. (8) Fill that is higher than 150mm above ground level (existing), and is not contained wholly within the footprint of a building or any attached development or detached development, is limited to 50% of the landscaped area of the lot. (9) The ground level (finished) of the fill must not be used to measure the height of any building or any attached development or detached development under this code. (10) Support for earthworks more than 600mm above or below ground level (existing) must take the form of a retaining wall or other structural support that— (a) a professional engineer has certified as structurally sound, including in relation to (but not limited to) its ability to withstand the forces of lateral soil load, and (b) has been designed so as not to redirect the flow of any surface water or groundwater, or cause sediment to be transported, onto an adjoining property, and (c) has adequate drainage lines connected to the stormwater drainage system for the site, and (d) does not result in a retaining wall or structural support with a total height measured vertically from the base of the retaining wall or structural support to its uppermost portion that is more than the height of the associated excavation or fill, and (e) is separated from any retaining wall or structural support on the site by at least 2m, measured horizontally, and (f) has been installed in accordance with the manufacturer’s specifications (if any), and (g) if it is an embankment or batter—has a toe or top that is more than 1m from any side or rear boundary. (11) If a retaining wall has a height of more than 600mm above ground level (existing) and is located within the front setback of a building, a landscaped area with a minimum depth of 600mm must be provided in front of the wall on the low side. cl 3BA.8: Ins 2025 (355), Sch 1[6]. 3BA.9 Drainage All stormwater collecting as a result of development erected, altered or added to under this code must be directed by a gravity fed or charged system to— (a) a public drainage system, or (b) an inter-allotment drainage system, or (c) an on-site disposal system. Note— All stormwater drainage systems and connections to public drainage systems of inter-allotment drainage systems must either be approved under the Local Government Act 1993 , section 68 or comply with the requirements for the disposal of stormwater contained in the development control plan applicable to the land. cl 3BA.9: Ins 2025 (355), Sch 1[6]. 3BA.10 Protecting adjoining walls A wall constructed within 900mm of a lot boundary must be built in accordance with the support method proposed by the professional engineer’s report provided with the application for the complying development certificate. cl 3BA.10: Ins 2025 (355), Sch 1[6]. 3BA.11 Setbacks from protected trees (1) A complying development certificate for complying development under this part is taken to satisfy any requirement under this policy for a permit, approval or development consent to remove or prune a tree or other vegetation on the lot if— (a) the tree is not listed on a register of significant trees kept by the council, and (b) the tree or vegetation will be within 3m of any building that has an area of more than 25m 2 , and (c) the tree or vegetation has a height that is less than— (i) for development that is the erection of a new dual occupancy or manor house—8m and is not required to be retained as a condition of consent, or (ii) in any other case—6m. (2) Development under this code must be at least 3m from each protected tree on the lot and any adjacent lot, measured from the base of the trunk of the tree. (3) Despite subclause (2), the following development can be located within 3m of a protected tree if works do not involve excavation or fill of more than 150mm below or above ground level (existing)— (a) an access ramp, (b) a driveway, pathway or paving, (c) an awning, blind or canopy, (d) a fence, screen, or child-resistant barrier associated with a swimming pool or spa pool. Note— Development consent and protected tree are defined in clause 1.5. cl 3BA.11: Ins 2025 (355), Sch 1[6]. 3BA.12 Conditions specified in Schedule 6A and 6B apply (1) A complying development certificate for development specified in clause 3BA.3 must be issued subject to the conditions specified in Schedule 6A, other than condition 28. (2) Schedule 6A, condition 17 is taken to apply to the erection of multi dwelling housing for the purposes of this code. (3) A complying development certificate for development specified in clause 3BA.4 or 3BA.5 must be issued subject to the conditions specified in Schedule 6B, other than condition 2. cl 3BA.12: Ins 2025 (355), Sch 1[6]. Division 4 Landcom site pt 3BA, div 4: Ins 2025 (355), Sch 1[6]. 3BA.13 Application of division This division applies to Lot 411, DP 1278302 ( Landcom site ). cl 3BA.13: Ins 2025 (355), Sch 1[6]. 3BA.14 Complying development at Landcom site (1) Development for the purposes of multi dwelling housing (terraces) and associated attached or detached development is development specified for this code if the development is carried out in accordance with the development standards, location requirements, technical drawing set and technical information specified in the pattern identified as “Terraces 04 by Other Architects x NMBW”. (2) Development for the purposes of secondary dwellings associated with development carried out under subclause (1) is development specified for this code if the development is carried out in accordance with the development standards, location requirements, technical drawing set and technical information specified in the pattern identified as “Terraces 04 by Other Architects x NMBW”. Note— Clauses 1.17A, 1.18 and 1.19 set out additional requirements for complying development. (3) Clause 3BA.6(a) does not apply to development carried out under this clause. cl 3BA.14: Ins 2025 (355), Sch 1[6].