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

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].