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

Requirements for complying development under this code pt 3B, div 1: Ins 2018 (132), Sch 1 [18]. 3B.1 Development that can be complying development under this code (1) The following types of development are complying development under this code— (a) the erection or alteration of, or addition to— (i) any 1 or 2 storey dual occupancy, manor house or multi dwelling housing (terraces), or (ii) any attached development or detached development related to any building referred to in subparagraph (i), (b) the conversion of an existing dwelling to a dual occupancy. (2) For the purposes of calculating the number of storeys in a building for the purposes of this code, only those parts of a basement that comprise habitable rooms are to be counted as a storey. (3) Lot requirements Complying development specified for this code may only be carried out on a lot that meets the following requirements— (a) the lot must be in Zone RU5, Zone R1, Zone R2 or Zone R3, (b) the lot must have lawful access to a public road at the completion of the development. (4) Erection of attached development and detached development Attached development or detached development may be erected on a lot— (a) if a dual occupancy, manor house or multi dwelling housing (terraces) exists on the lot, or (b) if there is a current development consent or complying development certificate for the construction of a dual occupancy, manor house or multi dwelling housing (terraces) on the lot. Note 1. Complying development certificate has the same meaning as it has in the Act. Note 2. Clauses 1.17A, 1.18 and 1.19(1) set out additional requirements for complying development. cl 3B.1: Ins 2018 (132), Sch 1 [18]. Am 2020 (331), Sch 1[4]. 3B.2 Development that is not complying development under this code The following development is not complying development under this code— (a) the erection or alteration of, or an addition to, a roof terrace on the top most roof of a building, (b) development that is complying development under the Housing Alterations Code, (c) development on a battle-axe lot, (d) 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, (e) the erection of a building over a registered easement, (f) the alteration of, or an addition to, a garage or carport that is located forward of the building line, (g) the erection of multi dwelling housing (terraces) on bush fire prone land, (h) 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 , (i) development on unsewered land, (j) 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. cl 3B.2: Ins 2018 (132), Sch 1 [18]. Am 2020 (331), Sch 1[5] [6]; 2020 (531), cl 4(1); 2022 (72), Sch 1.52[14]; 2023 (79), Sch 1[6]. 3B.3 Determining lot type (1) In this code, a reference to a lot is a reference to any of the following lots— (a) standard lot, (b) corner lot, (c) parallel road lot. Note 1. Corner lot , lane , parallel road lot and standard lot are defined in clause 1.5. Note 2. A lot that adjoins a lane is not a parallel road lot or a corner lot. The lot type depends on which other roads it fronts (if any). (2) When determining the lot type for this code, a lane is not to be considered a primary road. cl 3B.3: Ins 2018 (132), Sch 1 [18]. Am 2024 (609), Sch 1[50]. 3B.4 Complying development on bush fire prone land (1) This clause does not apply to the following complying development under this code— (a) a non-habitable detached development that is more than 6m from any residential accommodation, (b) a landscaped area, (c) a non-combustible fence, (d) a swimming pool. Note. See clause 1.19A for additional provisions relating to bush fire prone land. (2) If complying development under this code is carried out on bush fire prone land, all of the following development standards also apply— (a) (b) the lot on which the development is to be carried out must have direct access to a public road or a road vested in or maintained by the council, (c) the dual occupancy or manor house must be able to be connected to mains electricity, (d) if reticulated or bottled gas is installed and maintained on the lot— (i) it must be installed and maintained in accordance with AS/NZS 1596:2014 , The storage and handling of LP Gas , and (ii) the storage and handling of any LP gas on the lot must comply with the requirements of the relevant authorities (including the use of metal piping), (e) any gas cylinder stored on the lot within 10m of any dwelling must— (i) have its release valves directed away from the dwelling, and (ii) be enclosed on the hazard side of the installation, and (iii) have metal connections to and from the cylinder, (f) there must not be any polymer sheathed flexible gas supply lines to gas meters adjacent to the dual occupancy, (g) if the development is carried out on a lot in Zone RU5, there must be— (i) a reticulated water supply connection to the lot and a fire hydrant within 70m of any part of the development, or (ii) a 10,000 L capacity water tank on the lot, (h) if the development is carried out on a lot in any zone other than Zone RU5, there must be— (i) a reticulated water supply connection to the lot, and (ii) a fire hydrant within 70m of any part of the development, (i) the development must conform to the specifications and requirements of Planning for Bush Fire Protection that are relevant to the development. Note 1. Attached development , council and detached development are defined in clause 1.5. Note 2. Bush fire prone land , landscaped area , road and swimming pool have the same meanings as they have in the Standard Instrument. (3) cl 3B.4: Ins 2018 (132), Sch 1 [18]. Am 2020 (69), Sch 2.3[5]–[7] [9] [15] [16]. 3B.5 Complying development on flood control lots (1) Development under this code must not be carried out on any part of a flood control lot, other than a part of the lot that the council or a professional engineer who specialises in hydraulic engineering has certified, for the purposes of the issue of the relevant complying development certificate, as not being any of the following— (a) a flood storage area, (b) a floodway, (c) a flow path, (d) a high hazard area, (e) a high risk area. (2) If complying development under this code is carried out on any part of a flood control lot, the following development standards also apply in addition to any other development standards— (a) if there is a minimum floor level adopted in a development control plan by the relevant council for the lot, the development must not cause any habitable room to have a floor level lower than that floor level, (b) any part of a building that is erected at or below the flood planning level is constructed of flood compatible material, (c) any part of a building that is erected is able to withstand the forces exerted during a flood by water, debris and buoyancy up to the flood planning level (or if an on-site refuge is provided on the lot, the probable maximum flood level), (d) the development must not result in increased flooding elsewhere in the floodplain, (e) the lot must have pedestrian and vehicular access to a readily accessible refuge at a level equal to or higher than the lowest habitable floor level of the dual occupancy, manor house or multi dwelling housing (terraces), (f) vehicular access to any dwelling will not be inundated by water to a level of more than 0.3m during a 1:100 ARI (average recurrent interval) flood event, (g) the lot must not have any open car parking spaces or carports lower than the level of a 1:20 ARI (average recurrent interval) flood event. (3) The requirements under subclause (2)(c) and (d) are satisfied if a joint report by a professional engineer specialising in hydraulic engineering and a professional engineer specialising in civil engineering states that the requirements are satisfied. (3A) Without limiting subclause (3), a joint report must— (a) include a signature made by each professional engineer by whom the report is prepared, and (b) where conclusions of the report are based on data, surveys or other material—include the name and author of the document on which the conclusions are based. (4) A word or expression used in this clause has the same meaning as it has in the Flood Risk Management Manual , unless it is otherwise defined in this Policy. (5) Note. A planning certificate from a council will state whether or not a lot is a flood control lot. cl 3B.5: Ins 2018 (132), Sch 1 [18]. Am 2020 (331), Sch 1[7] [8]; 2022 (47), Sch 1[9] [10]; 2023 (609), Sch 2.17[2] [7]. 3B.6 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, Gilgandra, Warrumbungle Shire or Dubbo Regional, the development standards in this clause also 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, Gilgandra, Warrumbungle Shire or Dubbo Regional 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 3B.6: Ins 2018 (132), Sch 1 [18]. Am 2023 (79), Sch 1[2].