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

General Exempt Development Code pt 2, div 1: Ins 2009 (387), Sch 1 [48]. Subdivision 1 Access ramps 2.1 Specified development The construction or installation of an access ramp is development specified for this code. 2.2 Development standards The standards specified for that development are that the development must— (a) be not more than 1m above ground level (existing), and (b) be located at least 450mm from each side boundary and the rear boundary, and (c) not interfere with the functioning of existing drainage fixtures or the natural surface flow of water, and (d) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and (e) if it is constructed or installed on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard. Note. See AS 1428.1—2009 , Design for access and mobility, Part 1: General requirements for access—New building work and the Disability (Access to Premises—Buildings) Standards 2010 under the Disability Discrimination Act 1992 of the Commonwealth which specifies the design requirements for new building work to provide access for people with disabilities. cl 2.2: Am 2009 (387), Sch 1 [16]; 2010 (656), Sch 1 [23]–[25]; 2021 (16), Sch 1[8]. Subdivision 2 Aerials, antennae and communication dishes pt 2, div 1, sdiv 2: Subst 2013 (706), Sch 1 [34]. 2.3 Specified development The construction or installation of an aerial, antenna or a satellite communications dish (including any supporting mast) is development specified for this code if the construction or installation does not comprise fire alarm communication link works within the meaning of the Environmental Planning and Assessment Regulation 2000 . cl 2.3: Subst 2010 (375), Sch 2.1 [2]. Am 2010 (656), Sch 1 [25]. Subst 2013 (706), Sch 1 [34]. 2.4 Development standards (1) The standards specified for that development are that— (a) if the development is attached to an existing building, either by being mounted on the roof or attached to an external wall of a building— (i) the development must not have a diameter of more than 900mm if the development is installed in connection with the use of a dwelling on the lot, and (ii) the development must not have a diameter of more than 1.8m if installed for any other purpose, and (iii) the development must not be higher than 1.8m above the highest point of the roof of the building, and (iv) if the development is constructed or installed on a heritage item or draft heritage item—the development must only be attached to the rear wall and roof plane of the existing building and must not be higher than the highest point of the roof of the building, and (b) if the development is located at ground level (existing), the development— (i) must not have a diameter of more than 1.8m, and (ii) must not be higher than 1.8m above ground level (existing), and (iii) must be located at least 900mm from each lot boundary, and (iv) must be located at the rear of the lot if it is not on land within Zone RU1, RU2, RU3, RU4, RU6 or R5, and (v) must resist loads in accordance with AS/NZS 1170.0:2002 , Structural design actions, Part 0: General principles and AS/NZS 1170.2:2011 , Structural design actions, Part 2: Wind actions , and (vi) must be anchored by a concrete slab or footing designed in accordance with AS 3600:2018 , Concrete structures, and (c) if the development is a mast or attached to a mast, the mast— (i) must not have a diameter of more than 100mm, if a solid mast or 500mm if constructed as an open lattice frame, and (ii) must not be higher than 10m above ground level (existing) inclusive of the mast and any attachments, and (iii) must be located at least 5m from each lot boundary, if the mast is over 5m in height, and 2m from each lot boundary, if the mast is 5m or less in height, and (iv) must not be constructed or installed on or in a heritage item or draft heritage item, and (v) must be located at the rear of the lot if it is not on land within Zone RU1, RU2, RU3, RU4, RU6 or R5, and (vi) must resist loads in accordance with AS/NZS 1170.0:2002 , Structural design actions, Part 0: General principles and AS/NZS 1170.2:2011 , Structural design actions, Part 2: Wind actions , and (vii) must be anchored by a concrete slab or footing designed in accordance with AS 3600:2018 , Concrete structures . (2) For subclause (1), there must be— (a) no more than 3 developments per lot, and (b) not more than 1 mast or antenna located at ground level (existing) on the lot. (3) Despite subclause (2), development in connection with the use of dwellings in a residential flat building on the lot may comprise 1 (but not more than 1) dish, aerial or antenna per dwelling. Note. There are other existing legislative requirements relating to the clearance of power lines and Obstacle Limitation Surfaces near airport flight paths. cl 2.4: Am 2009 (387), Sch 1 [17]–[19]; 2010 (375), Sch 2.1 [3]; 2010 (656), Sch 1 [26]. Subst 2013 (706), Sch 1 [34]. Am 2021 (16), Sch 1[9]–[12]. Subdivision 3 Air-conditioning units 2.5 Specified development The construction or installation of an air-conditioning unit is development specified for this code. Note. For evaporative cooling units see clause 2.30A. cl 2.5: Am 2010 (656), Sch 1 [27]. 2.6 Development standards (1) The standards specified for that development, if for residential uses only, are that the development must— (a) not be located on the wall or roof of a building that faces the primary road, or forward of the building line to the primary road, and (b) be located at least 450mm from each lot boundary, and (b1) be located at least 1m from bedrooms of adjoining residences, and (c) subject to paragraph (g), be attached to the external wall of a building or ground mounted, and (d) if located on the ground floor—be not higher than 1.8m at its highest point above ground level (existing), and (e) not involve work that reduces the structural integrity of the building, and (f) not reduce the existing fire resistance level of a wall, and (f1) be designed so as not to operate— (i) during peak time—at a noise level that exceeds 5 dB(A) above the ambient background noise level measured at any property boundary, or (ii) during off peak time—at a noise level that is audible in habitable rooms of adjoining residences, and (g) if it is constructed or installed on or in a heritage item or a draft heritage item—be ground mounted, and (h) if it is constructed or installed on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area—be installed at or behind the rear building line. (1A) The standards specified for that development, if for purposes other than residential uses only, are that the development must— (a) not be located on the wall or roof of a building that faces the primary road, or forward of the building line to the primary road, and (b) not be built into any external wall unless the development is more than 3m from each side and rear boundary and 6m from any other building on the lot, and (c) not involve work that reduces the structural integrity of the building, and (d) not reduce the existing fire resistance level of a wall or roof, and (d1) be designed so as not to operate— (i) during peak time—at a noise level that is more than 5 dB(A) above the ambient background noise level measured at any property boundary, or (ii) during off peak time—at a noise level that is audible in habitable rooms of adjoining residences, and (e) if it is constructed or installed on or in a heritage item or draft heritage item—not be wall mounted, and (f) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located behind the building line of any road frontage. (2) Any opening created by the construction or installation of the development must be adequately waterproofed. (3) The air-conditioning unit must not be a mechanical air-handling system, unless it is constructed or installed on a class 1a or 10 building or a temporary structure. Note. For further information about noise control see the Noise Guide for Local Government ( ISBN 978 1 74232 942 0 ) published by the Department of Environment, Climate Change and Water NSW in October 2010. cl 2.6: Am 2009 (387), Sch 1 [20]–[22]; 2010 (656), Sch 1 [25] [28]–[30]; 2013 (706), Sch 1 [35] [36]; 2017 (270), Sch 1 [8]; 2021 (16), Sch 1[13] [14]; 2024 (609), Sch 1[5] [6]. Subdivision 3AA Ancillary take away food and drink outlets pt 2, div 1, sdiv 3AA: Ins 2022 (47), Sch 1[3]. 2.6AA Specified development The ancillary use of the following for the preparation and retail sale of food or drink, or both, for immediate consumption away from the premises is development specified for this code— (a) business premises that were used as a cooking school immediately before the commencement of this Subdivision, (b) community facilities, (c) educational establishments that were used as a cooking school immediately before the commencement of this Subdivision, (d) food and drink premises, other than take away food and drink premises, (e) function centres. cl 2.6AA: Ins 2022 (47), Sch 1[3]. 2.6AB Development standards The standards specified for the development are as follows— (a) the premises must have existing kitchen facilities, (b) the premises must not provide seating to take away customers, (c) the relevant land use referred to in clause 2.6AA(a)–(e) must be— (i) permitted without development consent, or (ii) permitted by a current development consent, (d) the ancillary use must comply with the provisions of an environmental planning instrument, and, if relevant, the conditions of the current development consent, applying to the premises, (e) the ancillary use must not have an adverse impact on the amenity of the neighbourhood, including from noise, waste and fumes and other smells. Note— The preparation and retail sale of food or drink is also regulated under other legislation, including the following— (a) the Food Act 2003 , (b) the Liquor Act 2007 . cl 2.6AB: Ins 2022 (47), Sch 1[3]. Subdivision 3A Animal shelters pt 2, div 1, sdiv 3A: Ins 2009 (387), Sch 1 [23]. 2.6A Specified development The construction or installation of an animal shelter is development specified for this code if it is not constructed or installed on land in a foreshore area. cl 2.6A: Ins 2009 (387), Sch 1 [23]. 2.6B Development standards (1) The standards specified for that development, when it is not a stable for the keeping of horses in Zone RU1, RU2, RU3, RU4 or RU6, are that the development must— (a) be associated with a residential use, and (b) not have a floor area of more than 10m 2 , and (c) be not higher than 1.8m above ground level (existing), and (d) if it is not on land in Zone RU1, RU2, RU3, RU4 or RU6—be located behind the building line of any road frontage, and (e) be located at least 450mm from each side and rear boundary, and (f) if roofed—be constructed or installed so that roofwater is disposed of into an existing stormwater drainage system, and (g) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials and have an impervious floor, and (h) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and (i) if it is constructed or installed on or in a heritage item or a draft heritage item, or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard. (2) There must not be more than 2 developments per lot for development referred to in subclause (1). (3) The standards specified for that development when it is a stable for the keeping of horses in Zone RU1, RU2, RU3, RU4 or RU6 are that the development must— (a) be associated with a residential use, and (b) not have a floor area of more than 50m 2 , and (c) be not higher than 3m above ground level (existing), and (d) be located at least 20m from any road boundary and 5m from every other lot boundary, and (e) be located at least 30m from any dwelling on an adjoining lot, and (f) if roofed—be constructed or installed so that roof water is disposed of on site, without causing a nuisance to adjoining owners, and (g) if it is in Zone RU4 and to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and (h) have an impervious floor, and (i) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material. (4) There must not be more than 1 development per lot for development referred to in subclause (3). cl 2.6B: Ins 2009 (387), Sch 1 [23]. Am 2010 (656), Sch 1 [31]–[34]; 2013 (706), Sch 1 [37] [38]. Subdivision 3B Automatic teller machines pt 2, div 1, sdiv 3B: Ins 2009 (387), Sch 1 [23]. 2.6C Specified development The construction or installation of an automatic teller machine is development specified for this code. cl 2.6C: Ins 2009 (387), Sch 1 [23]. 2.6D Development standards The standards specified for that development are that— (a) the development— (i) must be located inside, and only be accessible from within, existing commercial premises, or (ii) must be located inside existing commercial premises within an external wall that is at least 2m from a road and not installed or constructed on or in a heritage item or draft heritage item or in a heritage conservation area or draft heritage conservation area, and (b) the development must be installed in accordance with AS 3769—1990 Automatic teller machines—User access . cl 2.6D: Ins 2009 (387), Sch 1 [23]. Subst 2013 (706), Sch 1 [39]. Am 2017 (270), Sch 1 [9]. Subdivision 4 Aviaries 2.7 Specified development The construction or installation of an aviary is development specified for this code if it is not constructed or installed on land in a foreshore area. cl 2.7: Am 2009 (74), Sch 1 [12]. 2.8 Development standards (1) The standards specified for that development are that the development must— (a) be for residential uses only, and (b) not have a floor area of more than— (i) in a rural zone—30m 2 , or (ii) in any other zone—10m 2 , and (c) be not higher than— (i) in a rural zone—3m above ground level (existing), or (ii) in any other zone—2.4m above ground level (existing), and (d) be located— (i) in a rural zone—at least 20m from the road boundary and 5m from each other lot boundary, or (ii) in any other zone—in the rear yard and at least 900mm from each side and rear boundary, and (e) (f) have an impervious floor, and (g) be constructed or installed so that roofwater is disposed of without causing a nuisance to adjoining owners, and (g1) if it is located in a residential zone and to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and (h) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material. (2) There must not be more than 2 developments per lot. Note. For fowl and poultry houses see clause 2.41. cl 2.8: Am 2009 (387), Sch 1 [24]; 2010 (656), Sch 1 [35]–[37]; 2013 (706), Sch 1 [35]. Subdivision 5 Awnings, blinds and canopies 2.9 Specified development The construction or installation of any of the following structures over a window or door opening is development specified for this code if the structure is not constructed or installed on or in a heritage item or a draft heritage item— (a) an awning or canopy associated with a residential use, (b) a blind (including a storm blind, security blind or sun blind) or similar structure for any purpose. Note. See separate entry for shade structures. cl 2.9: Am 2010 (656), Sch 1 [25]. Subst 2013 (706), Sch 1 [40]. 2.10 Development standards The standards specified for that development are that the development must— (a) not have an area more than 10m 2 , and (b) not project beyond the external wall of the building by more than 2m, and (b1) be at least 450mm from each side and rear boundary when fully extended, and (c) if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and (d) if it is located on bush fire prone land—be constructed of non-combustible material, and (d1) if it is constructed or installed on or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and (e) not be used for advertising. cl 2.10: Am 2009 (387), Sch 1 [25]; 2010 No 59, Sch 2.87 [1]; 2010 (656), Sch 1 [38] [39]. Subdivision 6 Balconies, decks, patios, pergolas, terraces and verandahs 2.11 Specified development The following development is specified for this code— (a) the construction or installation of a balcony, deck, patio, pergola, terrace or verandah, whether free standing or attached to the ground floor level of a building, or roofed or unroofed, if it is not constructed or installed on or in a heritage item or a draft heritage item or on land in a foreshore area, (b) the replacement of a deck if the deck is not higher than 1m above ground level (existing). cl 2.11: Am 2009 (74), Sch 1 [13]; 2010 (656), Sch 1 [25]. Subst 2021 (16), Sch 1[15]. 2.12 Development standards (1) The standards specified for the development specified in clause 2.11(a) are that the development must— (a) (b) have an area of not more than 25m 2 , and (c) not cause the total floor area of all such structures on the lot to be more than— (i) for a lot larger than 300m 2 —15% of the ground floor area of the dwelling on the lot, or (ii) for a lot 300m 2 or less—25m 2 , and (d) not have an enclosing wall higher than 1.4m, and (e) be located— (i) if carried out in connection with farm experience premises or farm gate premises—more than 50m from a road, or (ii) otherwise—behind the building line of a road frontage, and (f) be located at a distance from each lot boundary of at least— (i) for development carried out in Zone RU1, RU2, RU3, RU4, RU6 or R5—5m, or (ii) for development carried out in any other zone—900mm, and (g) (h) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and (i) have a floor height not more than 1m above ground level (existing), and (i1) if it is a roofed structure—have a roof that does not overhang the structure by more than 600mm on each side, (j) if it is a roofed structure attached to a dwelling—not extend above the roof gutter line of the dwelling, and (j1) be no higher than 3m at its highest point above ground level (existing), and (k) if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and (l) be constructed or installed so that any roofwater is disposed of into an existing stormwater drainage system, and (m) not interfere with the functioning of existing drainage fixtures or flow paths, and (n) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material. and (o) (2) The standards specified for the development specified in clause 2.11(b) are that the development must— (a) use equivalent or improved quality materials, and (b) not change the size or height of the existing deck. (3) Subclause (1)(h) does not apply to development carried out in connection with a building used for the purposes of farm stay accommodation, farm gate premises or farm experience premises. cl 2.12: Am 2009 (74), Sch 1 [14]; 2009 (387), Sch 1 [26]–[28]; 2010 No 59, Sch 2.87 [1]; 2010 (656), Sch 1 [40]–[42]; 2013 (706), Sch 1 [41] [42]; 2021 (16), Sch 1[16] [17]; 2022 (593), Sch 1[7] [8]; 2022 (768), Sch 1[3]. Subdivision 7 Barbecues and other outdoor cooking structures pt 2, div 1, sdiv 7, hdg: Am 2010 (656), Sch 1 [43]. 2.13 Specified development The construction or installation of a barbecue or other outdoor cooking structure is development specified for this code. cl 2.13: Am 2010 (656), Sch 1 [44]. 2.14 Development standards The standards specified for that development are that the development must— (a) not have an area of more than 4m 2 , and (b) be not higher than 1.8m above ground level (existing), and (c) if it is not on land in Zone RU1, RU2, RU3, RU4 or RU6—be located behind the building line of any road frontage, and (d) be located at least 450mm from each lot boundary, and (e) not be used for commercial purposes. cl 2.14: Am 2009 (387), Sch 1 [29]; 2013 (706), Sch 1 [43]. Subdivision 8 2.15, 2.16 pt 2, div 1, sdiv 8 (cll 2.15, 2.16): Rep 2010 (656), Sch 1 [45]. Subdivision 8A Bollards pt 2, div 1, sdiv 8A: Ins 2009 (387), Sch 1 [30]. 2.16A Specified development The construction or installation of a bollard is development specified for this code. cl 2.16A: Ins 2009 (387), Sch 1 [30]. 2.16B Development standards The standards specified for that development are that the development must— (a) be not higher than 1.4m above ground level (existing), and (b) not have a diameter of more than 600mm, and (c) be associated with any of the following development— (i) (ii) commercial premises, (iii) premises used for light industry, (iv) warehouse or distribution centre, and (d) not reduce any existing means of entry to, or exit from, any such associated development or the lot on which it is situated. cl 2.16B: Ins 2009 (387), Sch 1 [30]. Am 2013 (706), Sch 1 [44]. Subdivision 9 Cabanas, cubby houses, ferneries, garden sheds, gazebos and greenhouses 2.17 Specified development The construction or installation of a cabana, cubby house, fernery, garden shed, gazebo or greenhouse is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item, on land in a foreshore area or in an environmentally sensitive area. cl 2.17: Am 2009 (74), Sch 1 [13]; 2010 (656), Sch 1 [25]; 2013 (706), Sch 1 [45]. 2.18 Development standards (1) The standards specified for that development are that the development must— (a) (b) not have a floor area of more than— (i) on land in Zone RU1, RU2, RU3, RU4, RU6 or R5—50m 2 , or (ii) on land in any other zone—20m 2 , and (c) be not higher than 3m above ground level (existing), and (d) be located at a distance from each lot boundary of at least— (i) for development carried out in Zone RU1, RU2, RU3, RU4, RU6 or R5—5m, or (ii) for development carried out in any other zone—900mm, and (e) if it is not on land in Zone RU1, RU2, RU3, RU4 or RU6—be located behind the building line of any road frontage, and (f) not be a shipping container, and (g) be constructed or installed so that roofwater is disposed of without causing a nuisance to adjoining owners, and (h) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials if it is located on land in a residential zone, and (i) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and (j) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and (k) if it is located adjacent to another building—be located so that it does not interfere with the entry to, or exit from, or the fire safety measures contained within, that building, and (l) be a Class 10 building and not be habitable, and (m) be located at least 1m from any registered easement, and (n) in relation to a cabana—not be connected to water supply or sewerage services. (2) There must not be more than 2 developments per lot. cl 2.18: Am 2009 (387), Sch 1 [31] [32]; 2010 (656), Sch 1 [46] [47]; 2013 (706), Sch 1 [46]–[49]; 2019 (621), Sch 6[3]. Subdivision 10 Carports 2.19 Specified development The construction or installation of a carport is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item or on land in a foreshore area. cl 2.19: Am 2009 (74), Sch 1 [13]; 2010 (656), Sch 1 [25]. 2.20 Development standards (1) The standards specified for that development are that the development must— (a) not result in a building classified under the Building Code of Australia as class 7a, and (b) not have a floor area more than— (i) for a lot larger than 300m 2 in a rural zone or Zone R5—50m 2 , or (ii) for a lot larger than 300m 2 in a zone other than a rural zone or Zone R5—25m 2 , or (iii) for a lot 300m 2 or less in any zone—20m 2 , and (c) be not higher than 3m above ground level (existing) and, if attached to an existing single storey dwelling, be not higher than the roof gutter line, and (d) be located at least 1m behind the building line of any road frontage, and (e) be located at a distance from each lot boundary of at least— (i) for development carried out in Zone RU1, RU2, RU3, RU4, RU6 or R5—5m, or (ii) for development carried out in any other zone—900mm, and (f) (g) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and (h) not involve the construction of a new driveway or gutter crossing unless the consent of the relevant road authority for each opening of a public road required for the development has been obtained under the Roads Act 1993 , and (i) be constructed or installed so that any roofwater is disposed of into the existing stormwater drainage system, and (j) if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and (k) (l) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and (m) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and (n) be located so that it does not reduce vehicular access to, or parking or loading or unloading on, or from, the lot. Note. See the definition of carport in clause 1.5(1) that sets out additional requirements for carports. (2) The roof of the development must be located at least 500mm from each lot boundary. (3) There must not be more than 1 development— (a) per lot if there is a dwelling on the lot, or (b) per lot or per each separate occupation of premises on the lot, whichever is the greater, in any other case. cl 2.20: Am 2009 (387), Sch 1 [33]–[35]; 2010 No 59, Sch 2.87 [1]; 2010 (656), Sch 1 [48]; 2013 (706), Sch 1 [50] [51]; 2018 (132), Sch 1 [11] [12]; 2021 (16), Sch 1[18]. Subdivision 10A Change of use of premises pt 2, div 1, sdiv 10A: Ins 2009 (387), Sch 1 [36]. 2.20A Specified development A change of use from a current use specified in a category in Column 1 of the Table to this clause to a use specified in the corresponding category in Column 2 of the Table to this clause is development specified for this code. Table Column 1 Current use Column 2 New use Category 1 Category 1 business premises business premises office premises office premises shop shop kiosk public administration building public administration building Category 2 Category 2 landscaping material supplies landscaping material supplies hardware and building supplies hardware and building supplies garden centre garden centre plant nursery plant nursery rural supplies rural supplies timber yard timber yard vehicle sales or hire premises Category 3 Category 3 general industry light industry (other than artisan food and drink industry) light industry (other than artisan food and drink industry) packaging industry packaging industry warehouse or distribution centre (other than local distribution premises) warehouse or distribution centre (other than local distribution premises) wholesale supplies wholesale supplies self-storage premises Category 4 Category 4 entertainment facility shop information and education facility Category 5 Category 5 food and drink premises entertainment facility shop information and education facility cl 2.20A: Ins 2009 (387), Sch 1 [36]. Am 2010 (656), Sch 1 [49]. Subst 2013 (706), Sch 1 [52]. Am 2017 (359), Sch 1 [3]; 2017 (734), Sch 22; 2018 (406), Sch 2.1 [1]; 2018 (488), Sch 2.1 [1]; 2022 (528), Sch 1[1]. 2.20B Development standards (1) The standards specified for that development are that— (a) the current use must be a lawful use, and (b) the current use must not be an existing use within the meaning of section 4.65 of the Act, and (c) the new use must be permissible with consent under an environmental planning instrument applying to the land on which the development is carried out, and (d) the new use must not result in a change of building classification under the Building Code of Australia , unless the change of use is from a class 5 building to a class 6 building, or from a class 6 building to a class 5 building, and the building meets all the relevant provisions of that code for the new use, and (e) the new use must not be carried out at premises that are a manufactured home, moveable dwelling or associated structure, temporary structure, tent, swimming pool, ship or vessel, and (f) the new use must not be any of the following— (i) food and drink premises, (ii) a funeral chapel, (iii) a funeral home, (iv) retail premises where firearms within the meaning of the Firearms Act 1996 are sold, (v) landscaping material supplies, (vi) a market, (vii) premises that are a beauty salon or hair dressing salon, (viii) premises where a skin penetration procedure within the meaning of the Public Health Act 2010 is carried out, (ix) restricted premises, (x) a roadside stall, (xi) sex services premises, (xii) vehicle sales or hire premises, and (g) the new use must not involve building alterations, other than alterations that are exempt development under this Policy, and (h) the new use must not result in an increase in the gross floor area of any building within which it is carried out, and (i), (j) (k) the new use must not be carried out under an awning unless the awning complies with the requirements set out in the Building Code of Australia , Volume 1, B1P1 and B1P2. Note. Certain types of uses are subject to a maximum floor area to be permissible development in a particular zone under the relevant environmental planning instrument. In those cases, the maximum floor area requirement for that use must be complied with for a change of use to be exempt development. (2) It is also a development standard that the new use must not cause the contravention of an existing condition of the most recent development consent that applies to the premises relating to noise, car parking, vehicular movement, traffic generation, loading, waste management and landscaping. (3) It is also a development standard for development not in Zone E1, E2, E3, MU1, B1, B2, B3, B4, B5, B6, B7, B8, IN4, SP1, SP2, SP3, SP5 or W4 that— (a) the new use must not cause the contravention of an existing condition of the most recent development consent that applies to the premises relating to hours of operation, or (b) if there is no existing condition that applies to the premises relating to hours of operation—the premises must only operate between 7am–7pm. (4) The following are also development standards for a change of use referred to in clause 2.20A, Table, Category 5— (a) the premises must have a floor area of no more than 300m 2 , (b) the maximum number of persons permitted in the new use is 1 person per square metre of floor area, (c) a sign must be displayed in a prominent position of the new use stating the maximum number of persons, (d) if the current use is a shop, the new use must not be licensed premises within the meaning of the Liquor Act 2007 , (e) the new use must comply with Environmental Planning and Assessment Regulation 2021 , section 72 as if the new use were an entertainment venue subject to a development consent. cl 2.20B: Ins 2009 (387), Sch 1 [36]. Am 2013 (706), Sch 1 [53] [54]; 2017 (270), Sch 1 [10]; 2017 (359), Sch 1 [4] [5]; 2018 (68), Sch 2 [1]; 2019 (621), Sch 6[4]; 2021 (16), Sch 1[19]; 2021 (777), Sch 1[6] [7]; 2022 (528), Sch 1[2] [3]; 2022 (768), Sch 1[4]; 2023 (83), Sch 2.2[4]. Subdivision 10B Change of use of places of public worship pt 2, div 1, sdiv 10B: Ins 2013 (706), Sch 1 [55]. 2.20C Specified development A change from a current use to a new use that is a change from a place of public worship to another place of public worship is development specified for this code. cl 2.20C: Ins 2013 (706), Sch 1 [55]. 2.20D Development standards The standards specified for that development are that— (a) the current use must be a lawful use, and (b) the current use must not be an existing use within the meaning of section 4.65 of the Act, and (c) the new use must not cause the contravention of any existing condition of the most recent development consent (other than a complying development certificate) that applies to the premises relating to hours of operation, noise, car parking, vehicular movement, traffic generation, loading, waste management and landscaping, and (d) the new use must not increase or create significant adverse environmental impacts by reason of noise, waste products or traffic generation. cl 2.20D: Ins 2013 (706), Sch 1 [55]. Am 2018 (68), Sch 2 [1]. Subdivision 10C Charity bins and recycling bins pt 2, div 1, sdiv 10C (cll 2.20E, 2.20F): Ins 2013 (706), Sch 1 [55]. 2.20E Specified development The construction or installation of a charity bin or recycling bin is development specified for this code. pt 2, div 1, sdiv 10C (cll 2.20E, 2.20F): Ins 2013 (706), Sch 1 [55]. 2.20F Development standards The standards specified for that development are that the development must— (a) be associated with commercial premises or a place of public worship, and (b) if located on the same lot as the commercial premises or place of public worship—be wholly located within the lot and not located on a road or road reserve, and (c) not result in more than 3 such bins on one lot, and (d) be located behind the building line of any road frontage, and (e) be operated by a person or organisation that is the holder of an authority under the Charitable Fundraising Act 1991 , and (f) not display any advertising other than details of the person or organisation that operates it, and (g) not cause the contravention of any existing condition of the most recent development consent (other than a complying development certificate) that applies to the premises relating to car parking, loading, vehicular movement, waste management and landscaping. pt 2, div 1, sdiv 10C (cll 2.20E, 2.20F): Ins 2013 (706), Sch 1 [55]. Subdivision 11 Clothes hoists and clothes lines 2.21 Specified development The construction or installation of a clothes hoist or clothes line is development specified for this code if it is not constructed or installed on land in a foreshore area. cl 2.21: Am 2009 (74), Sch 1 [12]. 2.22 Development standards The standards specified for that development are that the development must— (a) be located behind the building line of any road frontage, and (b) if it is constructed or installed on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard. cl 2.22: Am 2010 (656), Sch 1 [25]. Subdivision 12 Container recycling equipment pt 2, div 1, sdiv 12: Rep 2013 (706), Sch 1 [56]. Ins 2017 (359), Sch 1 [6]. 2.23 Specified development (1) The following development is specified for this code— (a) the erection on land of a reverse vending machine or a container collection cage, (b) the erection or operation of a mobile reverse vending machine. (2) The development is not development specified for this code if it is carried out on land in a residential or rural zone, unless— (a) the land is lawfully used for the purposes of a community facility, an educational establishment or any other building or place used for the physical, social, cultural or intellectual development or welfare of the community, or (b) the development is carried out in connection with a commercial, community or retail event or a private function. (3) In this Subdivision— container collection cage means a cage, or other structure, that is designed to store containers deposited at collection points. container recycling equipment means— (a) a reverse vending machine, or (b) a mobile reverse vending machine, or (c) a container collection cage. erection or operation of a mobile reverse vending machine means— (a) the erection on land of a mobile structure that is fitted with a reverse vending machine, or (b) the operation of a reverse vending machine on land from a vehicle. mobile reverse vending machine means a vehicle, or mobile structure, that is fitted with a reverse vending machine. cl 2.23: Subst 2010 (375), Sch 2.1 [4]. Am 2010 (656), Sch 1 [25] [50]. Rep 2013 (706), Sch 1 [56]. Ins 2017 (359), Sch 1 [6]. Am 2021 (777), Sch 1[8]. 2.23A Development in car parks The following development is specified for this code— (a) the erection on land that may lawfully be used for the purposes of a car park of a reverse vending machine, a container collection cage or a mobile structure that is fitted with a reverse vending machine, (b) the operation of a reverse vending machine from a vehicle on land that may lawfully be used for the purposes of a car park. cl 2.23A: Ins 2017 (661), Sch 1 [1]. 2.24 Development standards (1) The standards specified for development specified in clause 2.23 or 2.23A are that— (a) the container recycling equipment must not restrict any vehicular or pedestrian access to or from, or entry to any building on, the land on which the equipment is located, and (b) the container recycling equipment must not obstruct the operation of, or access to, any utility services on the land on which the equipment is located or on adjacent land, and (c) the container recycling equipment must, if erected outdoors— (i) be constructed of material that protects the equipment from weathering, and (ii) be painted or treated to protect the equipment from weathering, and (iii) in the case of a reverse vending machine or mobile reverse vending machine—be constructed so that any opening created is adequately weather proofed, and (d) the container recycling equipment must be constructed of low reflective materials, and (e) the container recycling equipment must be provided with lighting that complies with AS/NZS 1158.3.1:2020 , Lighting for roads and public spaces, Part 3.1: Pedestrian area (Category P) lighting—Performance and design requirements , and (f) the container recycling equipment must not redirect the flow of any surface water or ground water or cause sediment to be transported onto an adjoining property, and (g) the container recycling equipment must not— (i) emit noise at a level that is more than 70 dB(A), measured in accordance with the Noise Policy, or (ii) emit noise that is audible within residential or office premises on any lot adjoining the lot on which the equipment is located, or (iii) emit noise at a level that is more than 5 dB(A) above background noise when measured at any adjoining property boundary in accordance with the Noise Policy, and (h) any display screen affixed externally to the container recycling equipment must not be more than 50cm in length or 30cm in width, and (i) the development must not result in any damage to public property on the land on which the container recycling equipment is located or on adjacent land (except any damage resulting from securing or affixing the container recycling equipment to the ground as a safety measure), and (j) (k) arrangements must be made for the removal of waste or recyclable materials likely to be generated as a result of the development or the operation of the container recycling equipment, and (l) the siting, design and construction of the container recycling equipment must meet all of the requirements imposed by the Environment Protection Authority under the container deposit scheme, and Note. The EPA has published a Design Guide for Container Recycling Equipment and Facilities under the Container Deposit Scheme . The Design Guide can be accessed at www.planning.nsw.gov.au or www.epa.nsw.gov.au. (m) the container recycling equipment must not display any signage other than signage approved by the Environment Protection Authority under the container deposit scheme, and (n) if the container recycling equipment is development specified in clause 2.23A—the area occupied by the equipment must not exceed the greater of the following areas— (i) the area comprising 3 car parking spaces, (ii) 42m 2 , and (o) if it is the erection of a reverse vending machine—the machine must— (i) not have a floor area of more than 50m 2 , and (ii) not be more than 3m in height, 10m in width or 5m in depth, and (iii) not be erected within 5m of any residential premises, and (p) if it is the erection of a reverse vending machine or a container collection cage—the machine or cage must not be erected within 2m of any street or right of way, and (q) if it is the erection of a container collection cage—the cage must— (i) be located in a car park or commercial premises, and (ii) not have a floor area of more than 15m 2 , and (iii) not be more than 3m in height, and (r) if it is the erection or operation of a mobile reverse vending machine in connection with a commercial, community or retail event or a private function—the machine must not be parked or located— (i) on the land for more than 2 days before the event or for more than 2 days after the event, or (ii) within 2m of any street intersection or right of way, and (s) if it is the erection or operation of a mobile reverse vending machine in connection with a commercial or retail event—the reverse vending machine contained in the mobile reverse vending machine must operate only— (i) between 7.00 am and 11.00 pm on a Monday, Tuesday, Wednesday or Thursday, and (ii) between 7.00 am and 12.00 am on a Friday or Saturday, and (iii) between 8.00 am and 8.00 pm on a Sunday. (2) Despite subclause (1)(n), the equipment may occupy an additional car parking area in addition to the area specified in that paragraph if— (a) an environmental planning instrument, development control plan or condition of a development consent that is in force requires the car park to provide a minimum number of car parking spaces, and (b) the car park provides a number of car parking spaces that exceeds the minimum number required ( the additional spaces ). (3) The additional car parking area is the greater of the following areas— (a) an area comprising not more than 3 of the additional spaces, (b) an area not exceeding 42m 2 . Note. A structure on public land or on or over a public road requires the prior approval of the relevant authority under the Local Government Act 1993 or the Roads Act 1993 , respectively. See note 2 to this Part for examples of other requirements that apply in addition to the requirements of this code. cl 2.24: Am 2009 (387), Sch 1 [37] [38]; 2010 (135), Sch 1 [10]; 2010 (656), Sch 1 [51]. Rep 2013 (706), Sch 1 [56]. Ins 2017 (359), Sch 1 [6]. Am 2017 (661), Sch 1 [2]–[4]; 2021 (16), Sch 1[20]. Subdivision 13 Demolition 2.25 Specified development The following, if it is not carried out on or in a heritage item or a draft heritage item or on or in a heritage conservation area or a draft heritage conservation area, is development specified for this code— (a) demolition of— (i) development specified as exempt development under this code, or (ii) a building, the structure of which is significantly damaged by a natural disaster, (b) partial demolition of a building damaged by a natural disaster (where the structure of the building is not significantly damaged), only to the extent necessary to make the building safe. cl 2.25: Am 2010 (656), Sch 1 [25]. Subst 2017 (270), Sch 1 [11]; 2020 (30), Sch 1[1]; 2022 (153), Sch 2[1] [2]. 2.26 Development standards The standards specified for that development are that the development must be carried out in accordance with AS 2601—2001 , The demolition of structures . cl 2.26: Am 2009 (603), Sch 1 [1]; 2010 No 59, Sch 2.87 [2]; 2024 (609), Sch 1[7]. Subdivision 14 Driveways and hard stand spaces pt 2, div 1, sdiv 14: Subst 2013 (706), Sch 1 [57]. 2.27 Specified development The following development is specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item, in a heritage conservation area or a draft heritage conservation area, on land in a foreshore area or in an environmentally sensitive area— (a) the construction or installation of a driveway associated with access to an open hard stand space, a carport, a loading bay or a garage, (b) the construction or installation of a hard stand space associated with a driveway, whether open or part of a carport. cl 2.27: Subst 2009 (74), Sch 1 [15]. Am 2010 (656), Sch 1 [25]. Subst 2013 (706), Sch 1 [57]. 2.28 Development standards The standards specified for that development are that the development must— (a) be constructed or installed so that any surface water or runoff is disposed of by a drainage system that is connected to the existing stormwater drainage system, and (b) be constructed in accordance with AS/NZS 2890.1:2004 , Parking facilities, Part 1: Off-street car parking or AS 2890.2:2018 , Parking facilities, Part 2: Off-street commercial vehicle facilities , and (c) if the development is ancillary development to a dwelling—not require cut or fill more than 600mm below or above ground level (existing), and (d) if the development is not ancillary development to a dwelling—not require cut or fill more than 1m below or above ground level (existing), and (e) if the development is a driveway— (i) not be wider than the open hard stand space, carport or garage with which it is associated, and (ii) be constructed in accordance with the relevant road authority’s policy and specifications on vehicle and driveway crossings, and (iii) be subject to written consent from the relevant roads authority (if required under section 138 of the Roads Act 1993 ) for the building of any kerb, crossover or driveway, and (f) if the development is a hard stand space— (i) measure at least 2.6m wide by 5.4m long, and (ii) have an area of not more than 20m 2 , and (iii) if the development is ancillary to a dwelling—be located at least 1m behind the building line of any road frontage (other than a laneway) and at least 900mm from each side or rear boundary, and (iv) in any other case—be located clear of any required landscaped area, and (g) if the development is constructed or installed in a residential zone or rural zone—not result in the total area of all driveways or hard stand spaces, pathways and paved areas on the lot exceeding 15% of the area of the lot or 150m 2 , whichever is the lesser, and (h) if constructed or installed in a residential zone— (i) if a lot has a width at the front building line of not more than 18m—have at least 25% of the area forward of the building line as landscaped area, and (ii) if a lot has a width at the front building line of more than 18m—have at least 50% of the area forward of the building line as landscaped area. cl 2.28: Am 2009 (74), Sch 1 [16]; 2010 (656), Sch 1 [52]. Subst 2013 (706), Sch 1 [57]. Am 2017 (542), Sch 1 [2]; 2021 (16), Sch 1[21]. Subdivision 15 Earthworks, retaining walls and structural support pt 2, div 1, sdiv 15: Subst 2013 (706), Sch 1 [58]. 2.29 Specified development Earthworks and the construction or installation of a retaining wall or other form of structural support is development specified for this code if it is not carried out, constructed or installed on or in a heritage item or a draft heritage item, on a flood control lot or in an environmentally sensitive area. cl 2.29: Am 2009 (387), Sch 1 [39]; 2010 (656), Sch 1 [25]. Subst 2013 (706), Sch 1 [58]. 2.30 Development standards The standards specified for that development are that the development must— (a) not be a cut or fill of more than 600mm below or above ground level (existing), and (b) be located at least 1m from each lot boundary, and (c) if it is carried out, constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and (d) be located at least 40m from a waterbody (natural), and (e) not redirect the flow of any surface water or ground water or cause sediment to be transported onto an adjoining property, and (f) if it is a retaining wall or structural support for excavation or fill, or a combination of both— (i) be not be more than 600mm high, measured vertically from the base of the development to its uppermost portion, and (ii) be separated from any retaining wall or other structural support on the site by at least 2m, measured horizontally, and (iii) be located at least 1m from any registered easement, sewer main or water main, and (iv) have adequate drainage lines connected to the existing stormwater drainage system for the site, and (g) if the fill is more than 150mm deep—not occupy more than 25% of the area of the lot, and (h) if the fill is imported to the site—be free of building and other demolition waste, and only contain virgin excavated natural material (VENM) as defined in Part 3 of Schedule 1 to the Protection of the Environment Operations Act 1997 , and (i) if the land is in a rural or conservation zone—not be fill of more than 100 cubic metres on each lot. Note. It is an offence to transport waste to a place other than an appropriate and lawful waste facility (see section 143 of the Protection of the Environment Operations Act 1997 ). cl 2.30: Am 2009 (74), Sch 1 [17]; 2010 (656), Sch 1 [53]. Subst 2013 (706), Sch 1 [58]. Am 2017 (269), Sch 1 [10] [11]; 2021 (366), Sch 1[2]; 2024 (42), Sch 1.39[2]. Subdivision 15AA Emergency work and repairs pt 2, div 1, sdiv 15AA, hdg: Ins 2010 (656), Sch 1 [54]. Am 2020 (30), Sch 1[2]. pt 2, div 1, sdiv 15AA: Ins 2010 (656), Sch 1 [54]. 2.30AA Specified development The repair of damage to a building or structure caused by either or both of the following is development specified for this code— (a) a natural disaster, (b) an event that constitutes a significant and widespread danger to life or property in an area declared by an order under the State Emergency and Rescue Management Act 1989 , section 33 to be an area where a state of emergency exists. cl 2.30AA: Ins 2010 (656), Sch 1 [54]. Am 2020 (30), Sch 1[3]. Subst 2022 (153), Sch 2[3]. 2.30AB Development standards (1) The standards specified for that development are that the development must— (a) be carried out within the relevant period, and (b) not change the configuration of the building or structure being repaired, and (c) not increase the floor area of the building or structure being repaired, and (d) in the case of a structure that is a fence, gate or other barrier—only be the repairs necessary to ensure the repaired or replaced structure is the same size, in the same location and made with similar materials as the damaged structure, and (e) in any other case—only be the repairs necessary to make the building or structure secure and weatherproof and in the case of a dwelling, safe and suitable for habitation but must not include a repair (other than a temporary repair) to a structural element of the building. (2) In this clause— relevant area means land in the following local government areas— (a) City of Lismore, (b) Clarence Valley, (c) Richmond Valley, (d) Tweed, (e) Ballina. relevant period means— (a) for development carried out in a relevant area before 1 April 2026—4 years after the natural disaster or the declaration is made, and (b) otherwise—2 years after the natural disaster or the declaration is made. cl 2.30AB: Ins 2010 (656), Sch 1 [54]. Am 2020 (30), Sch 1[4] [5]; 2021 (16), Sch 1[22] [23]; 2022 (153), Sch 2[4]; 2024 (129), Sch 1[1] [2]; 2025 (126), Sch 1. Subdivision 15AB Entertainment associated with existing premises pt 2, div 1, sdiv 15AB, hdg: Am 2020 (724), Sch 4. pt 2, div 1, sdiv 15AB: Ins 2020 No 40, Sch 4.5. 2.30AC Specified development Entertainment is development specified for this code. cl 2.30AC: Ins 2020 No 40, Sch 4.5. Subst 2025 (528), Sch 1[2]. 2.30AD Development standards (1) The standards specified for this development are that the development— (a) must not be carried out on the rooftop of a building, and (b) must not contravene an existing relevant condition of the most recent development consent that applies to the premises, and (c) must not contravene the Protection of the Environment Operations Act 1997 , and (d) must not be primarily used for adult entertainment, including, for example, a strip club, and (e) must not be carried on in connection with a proposed change of use of premises, and (f) must not start before midday, and (g) must end— (i) for development on land in a residential zone—by 8pm, or (ii) for development on land adjoining land in a residential zone—by 10pm, or (iii) otherwise—by midnight, and (h) must not take place on more than 2 occasions in a period of 7 days commencing on a Monday and ending on a Sunday. (2) In this clause— existing relevant condition means a condition relating to any of the following— (a) the number of persons permitted in the building, (b) hours of operation, (c) noise, other than a condition mentioned in the Liquor Act 2007 , Schedule 1, clause 70(1), (d) car parking, vehicular movement and traffic generation, (e) loading management of waste, (f) landscaping. cl 2.30AD: Ins 2020 No 40, Sch 4.5. Am 2022 No 26, Sch 2.29[1]–[3]; 2022 (528), Sch 1[4]; 2025 (528), Sch 1[3] [4]. Subdivision 15A Evaporative cooling units (roof mounted) pt 2, div 1, sdiv 15A: Ins 2009 (387), Sch 1 [40]. 2.30A Specified development (1) The construction or installation of a roof mounted evaporative cooling unit on land in Climate Zone 4 is development specified for this code if it is not carried out on or in a heritage item or a draft heritage item. (2) For the purposes of this clause, land is in Climate Zone 4 if it is within an area identified as Zone 4 of the Climate Zones for Thermal Design in the Building Code of Australia . Note. For air-conditioning units see clause 2.5. cl 2.30A: Ins 2009 (387), Sch 1 [40]. Am 2010 (656), Sch 1 [55] [56]. 2.30B Development standards The standards specified for that development are that the development must— (a) be for residential uses only, and (b) be located at least 3m from each side boundary, and (c) be not higher than 1.8m above the highest point of the roof of the building on which it is mounted, and (d) be constructed or installed so that any opening created is adequately weather proofed, and (e) not involve work that reduces the structural integrity of the building, and (e1) be designed so as not to operate— (i) during peak time—at a noise level that is more than 5 dB(A) above the ambient background noise level measured at any property boundary, or (ii) during off peak time—at a noise level that is audible in habitable rooms of adjoining residences, and (f) if it is located on bush fire prone land—be constructed of non-combustible material and be adequately sealed or protected to prevent the entry of embers, and (g) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard and must not be visible from a public road. Note. For further information about noise control see the Noise Guide for Local Government ( ISBN 978 1 74232 942 0 ) published by the Department of Environment, Climate Change and Water NSW in October 2010. cl 2.30B: Ins 2009 (387), Sch 1 [40]. Am 2010 (656), Sch 1 [57]–[59]; 2013 (706), Sch 1 [35]. Subdivision 15B Farm buildings damaged by natural disasters pt 2, div 1, sdiv 15B: Ins 2022 (593), Sch 1[9]. 2.30C Specified development The demolition of an existing farm building that has been significantly damaged or destroyed by a natural disaster and the erection of a new farm building is development specified for this code if the development is not carried out on or in a heritage item or a draft heritage item or in an environmentally sensitive area. cl 2.30C: Ins 2022 (593), Sch 1[9]. Am 2024 (609), Sch 1[8]. 2.30D Development standards The following standards are specified for the development— (a) the existing farm building must have been lawfully erected, (b) the development must not contravene an existing condition of the most recent development consent that applies to the landholding, (c) the development must be carried out in accordance with AS 2601—2001 , The demolition of structures , (d) the new structure must be in the same location as the existing structure, (e) the new structure must be of the same building classification under the Building Code of Australia as the existing structure, (f) the new structure must not have a height or total footprint greater than the height or total footprint of the existing structure, (g) the new structure must be constructed of non-combustible material if it is located— (i) on bush fire prone land, and (ii) within 5m of a dwelling house, (h) the development must comply with the standards specified in the following provisions, except in relation to the location or height of the new structure or minimum distances other than a distance relating to a waterbody (natural)— (i) for a farm building other than a stock holding yard, grain silo or grain bunker—clause 2.32, (ii) for a stock holding yard—clause 2.32B, (iii) for a grain silo or grain bunker—clauses 2.32D–2.32F. cl 2.30D: Ins 2022 (593), Sch 1[9]. Subdivision 16 Farm buildings (other than stock holding yards, grain silos and grain bunkers) pt 2, div 1, sdiv 16, hdg: Am 2013 (706), Sch 1 [59]. Subst 2018 (569), Sch 1 [9]. pt 2, div 1, sdiv 16: Subst 2018 (569), Sch 1 [9]. 2.31 Specified development The construction or installation of a farm building (other than a stock holding yard, grain silo or grain bunker) that is not used for habitable purposes is development specified for this code if it is— (a) constructed or installed on land in Zone RU1, RU2, RU3, RU4 or RU6, and (b) not constructed or installed on or in a heritage item or a draft heritage item or in an environmentally sensitive area, and (c) not constructed or installed on land shown on any relevant Procedures for Air Navigation Services—Aircraft Operations Map prepared by the operator of an aerodrome or airport operating within 2 kilometres of the proposed development and for which a PANS-OPS surface is identified that may compromise the effective and on-going operation of the relevant aerodrome or airport. Note 1. Farm building is defined in the Standard Instrument as a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling. Note 2. Subdivisions 16A and 16B make special provision for farm buildings that are stock holding yards, grain silos or grain bunkers. cl 2.31: Am 2010 (656), Sch 1 [25]. Subst 2013 (706), Sch 1 [60]; 2018 (569), Sch 1 [9]. 2.32 Development standards (1) The following standards are specified for that development— (a) the development must not be higher than— (i) for a landholding that has an area of less than 10ha—7m above ground level (existing), and (ii) for a landholding that has an area of 10ha or more—10m above ground level (existing), (b) if the development is located on land that is identified for the purposes of an environmental planning instrument as “Land with scenic and landscape values” on a Scenic and Landscape Values Map or as “Scenic Protection Area” on a Scenic Protection Map or Scenic Protection Area Map—it must not be higher than 7m, (c) if the development— (i) is on a landholding that has an area of more than 4ha, and (ii) is on a landholding in relation to which the natural ground at any point within 100m of the ridgeline of any hill is at least 20m lower than the ridgeline, and (iii) is located within 100m of that ridgeline, it must be sited on the landholding so that the highest point of the development is at least 5m below that ridgeline, (d) subject to paragraph (e), the footprint of a farm building must not exceed 200m 2 , (e) the footprint of all farm buildings (other than grain bunkers) on a landholding must not exceed the footprint shown in the following table— Landholding area Maximum footprint of all farm buildings (other than grain bunkers) 0–4ha 2.5% of the area of the landholding >4ha–10ha 1,000m 2 >10ha 2,000m 2 (f) the development must be located at least 20m from any road boundary and have a minimum setback from any other boundary as shown in the table to this paragraph— Building footprint Minimum setback from boundary 0–100m 2 10m >100m 2 –200m 2 50m (g) a farm building must be located at least 6m from any other farm building (including any farm building that is a stock holding yard, grain silo or grain bunker) on the landholding or on an adjoining landholding, (h) the development must be located at least 50m from a waterbody (natural), (i) the development must be designed by, and constructed in accordance with the specifications of, a professional engineer, (j) if the development is a shipping container, there must not be more than the following number of shipping containers per landholding— (i) for a landholding that has an area of less than 400ha—1, (ii) for a landholding that has an area of 400ha or more—5, (k) the development must not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 2 kilometres of the proposed development and reported to the Civil Aviation Safety Authority, (l) despite clause 2.30(a), excavation for the purposes of structural supports may exceed a depth of 600mm, measured from ground level (existing), unless the land is identified for the purposes of an environmental planning instrument as Class 1–5 on an Acid Sulfate Soils Map. (2) In this clause, footprint means the area of the ground surface occupied by a building, including the walls, footings and roofing of the building, and extending to the perimeter of the foundations and other means of structural support to the building, but does not include the area of access ramps, eaves and sunshade devices. Note 1. There are other existing legislative requirements relating to the clearance of power lines, substations and Obstacle Limitation Surfaces near airport flight paths. Note 2. The consent of the appropriate roads authority is required under section 138 of the Roads Act 1993 for the carrying out of certain works in relation to roads, including the building of any crossover or creating road access. cl 2.32: Am 2009 (387), Sch 1 [41]; 2010 (656), Sch 1 [60] [61]; 2013 (706), Sch 1 [61]. Subst 2018 (569), Sch 1 [9]. Subdivision 16A Stock holding yards not used for sale of stock pt 2, div 1, sdiv 16A: Ins 2018 (569), Sch 1 [9]. 2.32A Specified development (1) The construction or installation of a farm building that is a stock holding yard that is not used for habitable purposes is development specified for this code if it— (a) is constructed or installed on land in Zone RU1, RU2 or RU6, and (b) is used for the purpose of the short-term storage or watering of stock, and (c) does not include or comprise a stock and sale yard, and (d) in the case of development that has a footprint greater than 200m 2 —is not carried out on unsewered land in the Sydney Drinking Water Catchment, if that development will result in a site disturbance area of more than 250m 2 , and (e) is not constructed or installed on or in a heritage item or a draft heritage item or in an environmentally sensitive area. (2) In this clause, footprint means the area of the ground surface occupied by a building, including the walls, footings and roofing of the building, and extending to the perimeter of the foundations and other means of structural support to the building, but does not include the area of access ramps, eaves and sunshade devices. Note. Stock and sale yard is defined in the Standard Instrument as a building or place that is used on a commercial basis for the purpose of offering livestock or poultry for sale and that may be used for the short-term storage and watering of stock. cl 2.32A: Ins 2018 (569), Sch 1 [9]. Am 2019 (621), Sch 6[5]; 2022 (72), Sch 1.52[11]; 2022 (629), Sch 3.11[2]. 2.32B Development standards The following standards are specified for that development— (a) a stock holding yard— (i) must be fenced around its perimeter, and (ii) must not be roofed, (b) any fencing erected in or around the perimeter of the stock holding yard must not be higher than 4.5m above ground level (existing), (c) the development must be located at least 10m from any road boundary and at least 200m from any other boundary, (d) the development must be located at least 200m from any dwelling that is located on land on the opposite side of a road that separates the landholding on which the development is located and that other lot, (e) the development must be located at least 6m from any other farm building (including any farm building that is a grain silo or grain bunker) on the landholding or on an adjoining landholding, (f) the development must be located at least 100m from a waterbody (natural). Note. The consent of the appropriate roads authority is required under section 138 of the Roads Act 1993 for the carrying out of certain works in relation to roads, including the building of any crossover or creating road access. cl 2.32B: Ins 2018 (569), Sch 1 [9]. Subdivision 16B Grain silos and grain bunkers pt 2, div 1, sdiv 16B: Ins 2018 (569), Sch 1 [9]. 2.32C Specified development (1) The construction or installation of a farm building that is a grain silo or grain bunker that is not used for habitable purposes is development specified for this code if it is— (a) constructed or installed on land in Zone RU1, RU2 or RU6, and (b) used for the purpose of the storage of grain that has been produced on the landholding, and (c) not constructed or installed on land shown on any relevant Procedures for Air Navigation Services—Aircraft Operations Map prepared by the operator of an aerodrome or airport operating within 2 kilometres of the proposed development and for which a PANS-OPS surface is identified that may compromise the effective and on-going operation of the relevant aerodrome or airport, and (d) in the case of development that has a footprint greater than 200m 2 —not carried out on unsewered land in the Sydney Drinking Water Catchment, if that development will result in a site disturbance area of more than 250m 2 , and (e) not constructed or installed on or in a heritage item or a draft heritage item or in an environmentally sensitive area. (2) In this clause, footprint means the area of the ground surface occupied by a building, including the walls, footings and roofing of the building, and extending to the perimeter of the foundations and other means of structural support to the building, but does not include the area of access ramps, eaves and sunshade devices. cl 2.32C: Ins 2018 (569), Sch 1 [9]. Am 2019 (621), Sch 6[6]; 2022 (72), Sch 1.11]; 2022 (629), Sch 3.11[2]. 2.32D Development standards—general The following standards are specified for that development— (a) the development must not be constructed or installed on a landholding with an area of less than 40ha, (b) the development must be located at least 15m from any road boundary and at least 100m from any other boundary, (c) the development must be located at least 100m from any dwelling, (d) the development must be located at least 6m from any other farm building (including any farm building that is a stock holding yard) on the landholding or on an adjoining landholding, (e) the development must be located at least 50m from a waterbody (natural), (f) if the development— (i) is on a landholding in relation to which the natural ground at any point within 100m of the ridgeline of any hill is at least 20m lower than the ridgeline, and (ii) is located within 100m of that ridgeline, it must be sited on the landholding so that the highest point of the development is at least 5m below that ridgeline, (g) the development must not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 2 kilometres of the proposed development and reported to the Civil Aviation Safety Authority, (h) if the development is located within 13km of an airfield or aerodrome—the development must be adequately sealed or protected to prevent the entry of wildlife, (i) despite clause 2.30(a), excavation for the purposes of structural supports may exceed a depth of 600mm, measured from ground level (existing), unless the land is identified for the purposes of an environmental planning instrument as Class 1–5 on an Acid Sulfate Soils Map. Note 1. There are other existing legislative requirements relating to the clearance of power lines and Obstacle Limitation Surfaces near airport flight paths. Note 2. The consent of the appropriate roads authority is required under section 138 of the Roads Act 1993 for the carrying out of certain works in relation to roads, including the building of any crossover or creating road access. cl 2.32D: Ins 2018 (569), Sch 1 [9]. 2.32E Development standards—grain silos (1) The following additional standards are specified for that development if the development is a grain silo— (a) it must not be higher than— (i) in the case of a landholding that has an area of 40ha or more but less than 100ha—7m above ground level (existing), and (ii) in the case of a landholding that has an area of 100ha or more—15m above ground level (existing), (b) it must not have a footprint greater than 200m 2 , (c) it must not have a footprint that would result in the footprint of all farm buildings (other than grain bunkers) on the landholding exceeding the footprint shown in the following table— Landholding area Maximum footprint of all farm buildings (other than grain bunkers) 0–4ha 2.5% of the area of the landholding >4ha–10ha 1,000m 2 >10ha 2,000m 2 (d) if the development is located on land that is identified for the purposes of an environmental planning instrument as “Land with scenic and landscape values” on a Scenic and Landscape Values Map or as “Scenic Protection Area” on a Scenic Protection Map or Scenic Protection Area Map—it must not be higher than 7m, (e) it must be constructed in accordance with the Code of Practice entitled “ Safety Aspects in the Design of Bulk Solids Containers Including Silos, Field Bins and Chaser Bins ” as published on the website SafeWork NSW and amended from time to time, (f) in the case of a grain silo that is sealed—it must be designed and sealed in accordance with sections 2 and 3 of AS 2628—2010 , Sealed grain-storage silos—Sealing requirements for insect control , (g) it must not result in more than 5 silos being erected on a landholding. (2) In this clause, footprint means the surface area covered by a built structure that has either a roof or a floor installed as a fixture, or both, excluding the area of access ramps, eaves, sunshade devices, hard surfaces for parking or landscaping associated with the structure. cl 2.32E: Ins 2018 (569), Sch 1 [9]. Am 2021 (16), Sch 1[24]. 2.32F Development standards—grain bunkers (1) The following additional standards are specified for that development if the development is a grain bunker— (a) it must not be higher than 7m above ground level (existing), (b) it must not have a footprint that would result in the footprint of all grain bunkers on the landholding exceeding 7,000m 2 , (c) if the development is located on land that is identified as “Land with scenic and landscape values” on a Scenic and Landscape Values Map or as “Scenic Protection Area” on a Scenic Protection Map or Scenic Protection Area Map—it must not have a footprint greater than 200m 2 , (d) any structural elements, including any wall or concrete floor slab, of the development must be constructed in accordance with the specifications of a professional engineer, (e) despite clause 2.30, it must not require cut or fill more than 1m below or above ground level (existing) and any cut or fill must only be carried out wholly within a 50m radius of the grain bunker, (f) it must not cause the redirection of the flow of any surface water or ground water or cause sediment to be transported onto an adjoining landholding, (g) it must be not be located over any registered easement, sewer main or water main. (2) In this clause, footprint means the area of the ground surface occupied by a building, including the walls, footings and roofing of the building, and extending to the perimeter of the foundations and other means of structural support to the building, excluding the area of access ramps, eaves and sunshade devices. Note 1. It is an offence to transport waste to a place other than an appropriate and lawful waste facility (see section 143 of the Protection of the Environment Operations Act 1997 ). Note 2. The consent of the appropriate roads authority is required under section 138 of the Roads Act 1993 for the carrying out of certain works in relation to roads, including the building of any crossover or creating road access. Note 3. Subdivision 15 of Division 1 of Part 2 contains additional requirements relating to earthworks. cl 2.32F: Ins 2018 (569), Sch 1 [9]. Subdivision 16C Farm experience premises pt 2, div 1, sdiv 16C: Ins 2022 (593), Sch 1[10]. 2.32G Specified development (1) The following development, if carried out on a relevant landholding, is specified for this code— (a) the use of land for the purposes of farm experience premises, (b) a change of use from farm experience premises to the previous lawful use of the land. (2) To be exempt development, the development must not take place— (a) on significantly contaminated land, or (b) on land declared to be a special area under the Water NSW Act 2014 , or (c) on land identified on the Agritourism and Farm Stay Accommodation Exempt and Complying Development Map , or (d) in a floodway, within the meaning of the Flood Risk Management Manual. (3) In this clause— relevant landholding means a landholding— (a) in Zone RU1 Primary Production, Zone RU2 Rural Landscape or Zone RU4 Primary Production Small Lots, or (b) on which development for the purposes of one of the following is permitted with or without development consent under an environmental planning instrument— (i) agritourism, (ii) extensive agriculture, (iii) intensive livestock agriculture, (iv) intensive plant agriculture. cl 2.32G: Ins 2022 (593), Sch 1[10]. Am 2022 (768), Sch 1[5]; 2023 (609), Sch 2.17[4]; 2024 (609), Sch 1[9] [10]. 2.32H Development standards (1) The following standards are specified for development referred to in clause 2.32G(1)(a)— (a) the development must not involve the erection of a new building, (b) the development must not result in a change of building classification under the Building Code of Australia , unless— (i) the change is from a class 5 building to a class 6 building, or vice versa, and (ii) the building complies with all the relevant provisions of the Building Code of Australia that apply to the new use, (c) the development must not involve the use of more than 200m 2 of the footprint of an existing building, (d) the total footprint of all buildings used for the purposes of farm experience premises and farm gate premises on the landholding must be no more than 500m 2 , (e) a building used for the purposes of farm experience premises must not be located within— (i) 50m of a property boundary or waterway, or (ii) 250m of residential accommodation on neighbouring land, or (iii) 250m of a property boundary for land used for the purposes of one of the following— (A) forestry, (B) intensive livestock agriculture, (C) intensive plant agriculture, (D) mines, (E) extractive industries, (F) rail lines, (G) rural industries, (f) the activities visitors participate in must not be conducted within the areas referred to in paragraph (e)(ii) and (iii), (g) notice of the following must be given, at least 1 week before the premises open to visitors, to neighbours likely to be affected by the development— (i) the location of the premises, (ii) the date on which the premises will open to visitors, (iii) the opening hours of the premises, (h) for premises located within 1km of residential accommodation or another building on neighbouring land, including a stable, stock yard or poultry shed, used to house animals—the development must not involve amplified noise, (i) the premises must not be open to visitors, excluding visitors participating in farm tours, horse riding tours and school groups, for more than 52 days each year, including no more than 4 events held on a Friday or Saturday after 6pm that involve amplified noise, (j) the premises must not be open to visitors outside the following hours— (i) on Sundays, Mondays, Tuesdays, Wednesdays, Thursdays or public holidays—8am to 6pm, (ii) on Fridays and Saturdays—8am to midnight, (k) the number of visitors, excluding visitors participating in farm tours, horse riding tours and school groups, to all farm experience premises on the landholding at any one time must not be more than 50, (l) the total number of visitors, excluding visitors participating in fruit and produce picking, farm tours, horse riding tours and school groups, to all farm experience premises and farm gate premises on the landholding at any one time must not be more than 100, (m) a tent or marquee erected at the premises is not required to comply with clause 2.118(a)–(c), (l), (m) or (o), (n) an evacuation diagram displaying the following must be located in a prominent position at or near the premises— (i) directions to facilitate the safe evacuation of people from the site, (ii) contact details for emergency services, including for a bush fire, flood or other natural disaster, (o) vehicular or pedestrian access to the premises must not be directly from a freeway, highway or tollway within the meaning of the Roads Act 1993 , (p) an existing vehicular access point to a public road must comply with the lesser of— (i) a clear sight distance for vehicles leaving the premises of at least 300m, or (ii) the minimum car stopping sight distances set out in the Guide to Road Design Part 3: Geometric Design , Table 5.5, published by Austroads on 26 February 2021, (q) vehicles must be able to enter and exit the landholding in a forward direction, (r) car parking spaces must be located wholly within the boundaries of the landholding, (s) waste generated as a result of the development must be disposed of— (i) using a sewage reticulation system connected to the landholding, or (ii) using a system of sewage management for which the approval of the council has been obtained under the Local Government Act 1993 , section 68, or (iii) at a waste or resource management facility, (t) the on-site disposal of organic or putrescible waste must not have an adverse impact on the use of adjoining land, (u) a human waste storage facility on the landholding must be emptied using— (i) a sewage reticulation system connected to the landholding, or (ii) a system of sewage management for which the approval of the council has been obtained under the Local Government Act 1993 , section 68. (1A) The standard for development referred to in clause 2.32G(1)(b) is that the development must not contravene an existing condition of the most recent development consent that applies to the land. (2) In this clause— footprint means the area of the ground surface occupied by a building, including the walls, verandahs, balconies, footings, and roofing of the building, and extending to the perimeter of the foundations and other means of structural support to the building, excluding the area of access ramps, eaves and sunshade devices. neighbouring land means— (a) adjacent land outside the landholding, or (b) land outside the landholding that is separated from the landholding by a road. cl 2.32H: Ins 2022 (593), Sch 1[10]. Am 2023 (458), Sch 3.2[2]; 2024 (609), Sch 1[11]–[18]. Subdivision 16D Farm gate premises pt 2, div 1, sdiv 16D: Ins 2022 (593), Sch 1[10]. 2.32I Specified development (1) The following development, if carried out on a relevant landholding, is specified for this code— (a) the use of land for the purposes of farm gate premises, (b) a change of use from farm gate premises to the previous lawful use of the land. (2) To be exempt development, the development must not take place— (a) on significantly contaminated land, or (b) on land declared to be a special area under the Water NSW Act 2014 , or (c) on land identified on the Agritourism and Farm Stay Accommodation Exempt and Complying Development Map , or (d) in a floodway, within the meaning of the Flood Risk Management Manual. (3) In this clause— relevant landholding means a landholding— (a) in Zone RU1 Primary Production, Zone RU2 Rural Landscape or Zone RU4 Primary Production Small Lots, or (b) on which development for the purposes of one of the following is permitted with or without development consent under an environmental planning instrument— (i) agritourism, (ii) extensive agriculture, (iii) intensive livestock agriculture, (iv) intensive plant agriculture. cl 2.32I: Ins 2022 (593), Sch 1[10]. Am 2022 (768), Sch 1[6]; 2023 (609), Sch 2.17[5]; 2024 (609), Sch 1[19] [20]. 2.32J Development standards (1) The following standards are specified for development referred to in clause 2.32I(1)(a)— (a) the development must not involve the erection of a new building, (b) the development must not result in a change of building classification under the Building Code of Australia , unless— (i) the change is from a class 5 building to a class 6 building, or vice versa, and (ii) the building complies with all the relevant provisions of the Building Code of Australia that apply to the new use, (c) the development must not involve the use of more than 200m 2 of the footprint of an existing building, (d) the total footprint of all buildings used for the purposes of farm experience premises and farm gate premises on the landholding must be no more than 500m 2 , (e) a building used for the purposes of farm gate premises must not be located within— (i) 50m of a property boundary or waterway, or (ii) 250m of residential accommodation on— (A) adjacent land outside the landholding, or (B) land outside the landholding that is separated from the landholding by a road, or (iii) 250m of a property boundary for land used for the purposes of one of the following— (A) forestry, (B) intensive livestock agriculture, (C) intensive plant agriculture, (D) mines, (E) extractive industries, (F) rail lines, (G) rural industries, (f) services and activities related to the development must not be provided to visitors within the areas referred to in paragraph (e)(ii) and (iii), (g) the premises must not be open to visitors outside the following hours— (i) on Sundays, Mondays, Tuesdays, Wednesdays, Thursdays, Fridays or public holidays—8am to 5pm, (ii) on Saturdays—7am to 5pm, (h) the number of visitors, excluding visitors participating in fruit and produce picking, to all farm gate premises on the landholding at any one time must not be more than 100, (i) the total number of visitors, excluding visitors participating in fruit and produce picking, farm tours, horse riding tours and school groups, to all farm experience premises and farm gate premises on the landholding at any one time must not be more than 100, (j) a tent or marquee erected at the premises is not required to comply with clause 2.118(a)–(c), (l), (m) or (o), (k) an evacuation diagram displaying the following must be located in a prominent position at or near the premises— (i) directions to facilitate the safe evacuation of people from the site, (ii) contact details for emergency services, including for a bush fire, flood or other natural disaster, (l) vehicular or pedestrian access to the premises must not be directly from a freeway, highway or tollway within the meaning of the Roads Act 1993 , (m) an existing vehicular access point to a public road must comply with the lesser of— (i) a clear sight distance for vehicles leaving the premises of at least 300m, or (ii) the minimum car stopping sight distances set out in the Guide to Road Design Part 3: Geometric Design , Table 5.5, published by Austroads on 26 February 2021, (n) vehicles must be able to enter and exit the landholding in a forward direction, (o) car parking spaces must be located wholly within the boundaries of the landholding, (p) waste generated as a result of the development must be disposed of— (i) using a sewage reticulation system connected to the landholding, or (ii) using a system of sewage management for which the approval of the council has been obtained under the Local Government Act 1993 , section 68, or (iii) at a waste or resource management facility, (q) the on-site disposal of organic or putrescible waste must not have an adverse impact on the use of adjoining land, (r) a human waste storage facility on the landholding must be emptied using— (i) a sewage reticulation system connected to the landholding, or (ii) a system of sewage management for which the approval of the council has been obtained under the Local Government Act 1993 , section 68, Note— The Food Act 2003 , and the regulations under that Act, may contain additional requirements in relation to premises used by a food business in connection with the handling of food intended for sale. (2) The standard for development referred to in clause 2.32I(1)(b) is that the development must not contravene an existing condition of the most recent development consent that applies to the land. (3) In this clause— footprint means the area of the ground surface occupied by a building, including the walls, verandahs, balconies, footings, and roofing of the building, and extending to the perimeter of the foundations and other means of structural support to the building, excluding the area of access ramps, eaves and sunshade devices. cl 2.32J: Ins 2022 (593), Sch 1[10]. Am 2023 (458), Sch 3.1[2] [3]; 2024 (609), Sch 1[12] [14]–[16] [21] [22]. Subdivision 16E Farm stay accommodation pt 2, div 1, sdiv 16E: Ins 2022 (593), Sch 1[10]. 2.32K Specified development (1) The following development, if carried out on a relevant landholding, is specified for this code— (a) a change of use from residential accommodation to farm stay accommodation, (b) the use of a manufactured home for the purposes of farm stay accommodation, (b1) a change of use from farm stay accommodation to residential accommodation, if— (i) the farm stay accommodation was previously residential accommodation, and (ii) the change of use is to the same type of residential accommodation, (b2) a change of use from farm stay accommodation to the use of a manufactured home for the purposes of residential accommodation, if the manufactured home was previously used for residential accommodation, (c) the use of land for the purposes of farm stay accommodation that accommodates guests in one or more of the following— (i) campervans, (ii) caravans, (iii) tents, annexes or other similar portable and lightweight temporary shelters, (d) the construction, installation or replacement of a deck, slab or other platform, whether roofed or not— (i) to be used as an area for preparing, cooking or serving food in connection with farm stay accommodation, or (ii) on which either of the following will be installed— (A) a moveable dwelling to be used for the purposes of farm stay accommodation, (B) a shelter to be used for the purposes of preparing, cooking or serving food in connection with farm stay accommodation. (2) To be exempt development, the development must not be carried out on land— (a) declared to be a special area under the Water NSW Act 2014 , or (b) identified on the Agritourism and Farm Stay Accommodation Exempt and Complying Development Map , or (c) in a floodway within the meaning of the Flood Risk Management Manual . (2A) This clause does not apply to development under State Environmental Planning Policy (Housing) 2021 , Chapter 3, Part 13. (3) In this clause— relevant landholding means a landholding— (a) in Zone RU1, RU2 or RU4, or (b) on which development for the purposes of one of the following is permitted with or without development consent under an environmental planning instrument— (i) agritourism, (ii) extensive agriculture, (iii) intensive livestock agriculture, (iv) intensive plant agriculture. cl 2.32K: Ins 2022 (593), Sch 1[10]. Am 2022 (768), Sch 1[7]; 2023 (609), Sch 2.17[2] [6]; 2024 (609), Sch 1[23]; 2024 (651), Sch 2. 2.32L Development standards—change of use to, or use of manufactured home for, farm stay accommodation The following standards are specified for development referred to in clause 2.32K(1)(a) and (b)— (a) for a change of use from residential accommodation—the existing building must have been lawfully erected, (b) for the use of a manufactured home—the manufactured home must have been lawfully constructed, (c) the development must not contravene an existing condition of the most recent development consent that applies to the landholding, (d) the number of buildings and manufactured homes used for the purposes of farm stay accommodation on the landholding must be no more than 6, (e) the number of guests, not including guests under 12 years of age, accommodated in the building or manufactured home at any one time must not be more than— (i) for a building or manufactured home without a bedroom—2, or (ii) otherwise—2 times the number of bedrooms, (f) each guest must not stay at the accommodation for more than 21 consecutive days, (g) an evacuation diagram displaying the following must be located in a prominent position at or near the accommodation— (i) directions to facilitate the safe evacuation of people from the site, (ii) contact details for emergency services, including for a bush fire, flood or other natural disaster, (h) vehicular or pedestrian access to the accommodation must not be directly from a freeway, highway or tollway within the meaning of the Roads Act 1993 , (i) an existing vehicular access point to a public road must comply with the lesser of— (i) a clear sight distance for vehicles leaving the premises of at least 300m, or (ii) the minimum car stopping sight distances set out in the Guide to Road Design Part 3: Geometric Design , Table 5.5, published by Austroads on 26 February 2021, (j) vehicles must be able to enter and exit the landholding in a forward direction, (k) car parking spaces must be located wholly within the boundaries of the landholding, (l) waste generated as a result of the development must be disposed of— (i) using a sewage reticulation system connected to the landholding, or (ii) using a system of sewage management for which the approval of the council has been obtained under the Local Government Act 1993 , section 68, or (iii) at a waste or resource management facility, (m) the on-site disposal of organic or putrescible waste must not have an adverse impact on the use of adjoining land. cl 2.32L: Ins 2022 (593), Sch 1[10]. Am 2024 (609), Sch 1[16] [24] [25]; 2025 (528), Sch 1[5]. 2.32M Development standards—change of use to residential accommodation The following standards are specified for development referred to in clause 2.32K(1)(b1) and (b2)— (a) the former use must have been a lawful use, (b) the development must not contravene an existing condition of the most recent development consent that applies to the landholding. cl 2.32M: Ins 2022 (593), Sch 1[10]. Am 2025 (528), Sch 1[6]. 2.32N Development standards—use of land for campervans, caravans and temporary shelters The following standards are specified for development referred to in clause 2.32K(1)(c)— (a) the development must not take place on significantly contaminated land, (b) the landholding must have an area of at least 15ha, (c) the number of campervans, caravans and other similar moveable dwellings, not including tents, annexes or other similar portable and lightweight temporary shelters, used for the purposes of farm stay accommodation on the landholding must be no more than 6, (d) the height of each moveable dwelling must be no more than 4.5m above ground level (existing), (e) the moveable dwellings must not be installed or placed within— (i) 6m of— (A) a building on the landholding, or (B) another moveable dwelling, other than a tent or other similar portable and lightweight temporary shelter, on the landholding, or (ii) 50m of a property boundary or waterway, or (iii) 250m of residential accommodation on— (A) adjacent land outside the landholding, or (B) land outside the landholding that is separated from the landholding by a road, or (iv) 250m of a property boundary for land used for the purposes of one of the following— (A) forestry, (B) intensive livestock agriculture, (C) intensive plant agriculture, (D) mines, (E) extractive industries, (F) rail lines, (G) rural industries, (f) the gross floor area of a part of an existing building used to provide communal amenities or facilities to guests must be no more than 25m 2 , (g) the number of guests accommodated in moveable dwellings on the landholding at any one time must not be more than 20, (h) each guest must not stay on the landholding for more than 21 consecutive days, (i) an evacuation diagram displaying the following must be located in a prominent position on the site— (i) directions to facilitate the safe evacuation of people from the site, (ii) contact details for emergency services, including for a bush fire, flood or other natural disaster, (j) vehicular or pedestrian access to the accommodation must not be directly from a freeway, highway or tollway within the meaning of the Roads Act 1993 , (k) an existing vehicular access point to a public road must comply with the lesser of— (i) a clear sight distance for vehicles leaving the premises of at least 300m, or (ii) the minimum car stopping sight distances set out in the Guide to Road Design Part 3: Geometric Design , Table 5.5, published by Austroads on 26 February 2021, (l) vehicles must be able to enter and exit the landholding in a forward direction, (m) car parking spaces must be located wholly within the boundaries of the landholding, (n) waste generated as a result of the development must be disposed of— (i) using a sewage reticulation system connected to the landholding, or (ii) using a system of sewage management for which the approval of the council has been obtained under the Local Government Act 1993 , section 68, or (iii) at a waste or resource management facility, (o) the on-site disposal of organic or putrescible waste must not have an adverse impact on the use of adjoining land, (p) if there are no human waste storage facilities on the landholding as part of communal amenities or facilities, each moveable dwelling must contain a human waste storage facility, (q) a human waste storage facility on the landholding must be emptied using— (i) a sewage reticulation system connected to the landholding, or (ii) a system of sewage management for which the approval of the council has been obtained under the Local Government Act 1993 , section 68 located on the landholding or off-site. cl 2.32N: Ins 2022 (593), Sch 1[10]. Am 2024 (609), Sch 1[16] [26]. 2.32O Development standards—decks, slabs and other platforms The following standards are specified for development referred to in clause 2.32K(1)(d)— (a) the development must not be carried out on significantly contaminated land, (b) the number of platforms constructed or installed on the landholding must be no more than— (i) 1 per 5ha, and (ii) 6 in total, (c) the platform must have an area of no more than 25m 2 , (d) the height of the platform must be no more than 1m above ground level (existing), (e) the platform must not be constructed or installed within— (i) 50m of a property boundary or waterway, or (ii) 250m of residential accommodation on— (A) adjacent land outside the landholding, or (B) land outside the landholding that is separated from the landholding by a road, or (iii) 250m of a property boundary for land used for the purposes of one of the following— (A) forestry, (B) intensive livestock agriculture, (C) intensive plant agriculture, (D) mines, (E) extractive industries, (F) rail lines, (G) rural industries, (f) a shelter installed on the platform must have an area of no more than 25m 2 , (g) a shelter installed on the platform must be no more than 4m tall. cl 2.32O: Ins 2022 (593), Sch 1[10]. Subdivision 17 Fences (certain residential zones and Zone RU5) pt 2, div 1, sdiv 17, hdg: Subst 2017 (270), Sch 1 [12]. pt 2, div 1, sdiv 17: Subst 2013 (706), Sch 1 [62]. 2.33 Specified development The construction or installation of a fence on land within Zone R1, R2, R3, R4 or RU5 is development specified for this code if it is not constructed or installed— (a) on a lot, or along a common boundary of a lot, that contains a heritage item or a draft heritage item, or (b) along the boundary of, or within the setback area of, a primary or secondary road within a heritage conservation area or draft heritage conservation area, or (c) on a flood control lot, or (d) on land that is identified as being in a foreshore area. Note. If the fence is a dividing fence, the Dividing Fences Act 1991 also applies. cl 2.33: Am 2009 (74), Sch 1 [18]; 2010 (656), Sch 1 [62] [63]. Subst 2013 (706), Sch 1 [62]. Am 2017 (270), Sch 1 [13]. 2.34 Development standards (1) The standards specified for development specified in clause 2.33 are that the development must— (a) not be higher than 1.8m above ground level (existing), and (b) not be of masonry construction to a height that is more than 1.2m above ground level (existing), and (c) if it includes an entrance gate—not have a gate that opens outwards, and (d) if it is located in a core koala habitat or potential koala habitat within the meaning of State Environmental Planning Policy No 44—Koala Habitat Protection or in a movement corridor used by koalas—be constructed or installed in accordance with any relevant council policy or guideline under that Policy, and (e) if it is located on bush fire prone land—be constructed of non-combustible materials or hardwood, and (f) if it is constructed of metal components—be of low reflective, factory pre-coloured materials, and (g) not be an electrical fence or use barbed wire. (2) Despite subclause (1), any fence located along the boundary of, or within the setback area to, a primary or secondary road must— (a) not be more than 1.2m above ground level (existing), and (b) be open for at least 20% of the area of the fence that is more than 400mm above ground level (existing), with any individual solid element of the fence above this height being no more than 350mm in width with a minimum aperture of 25mm. (3) If a lot has a frontage to a secondary road or roads, subclause (2) only applies to 50% of the length of all contiguous secondary road boundaries, measured from the corner with the primary road boundary. (4) Subclause (2)(b) does not apply to the part of the fence along the side boundary and within the setback area to the primary road. (5) Despite subclauses (1) and (2), if the fence is erected on a sloping site and stepped to accommodate the fall in the land— (a) a fence that is required to be not more than 1.2m above ground level (existing), must not be more than 1.5m above ground level (existing) at each step, and (b) a fence that is required to be not more than 1.8m above ground level (existing), must not be more than 2.2m above ground level (existing) at each step. cl 2.34: Am 2009 (387), Sch 1 [42]; 2010 (656), Sch 1 [64] [65]; 2013 (706), Sch 1 [35]. Subst 2013 (706), Sch 1 [62]. Am 2017 (270), Sch 1 [14]. Subdivision 17A Fences for swimming pools (certain residential zones and Zone RU5) pt 2, div 1, sdiv 17A (cll 2.34A, 2.34B): Ins 2017 (270), Sch 1 [15]. 2.34A Specified development The construction or installation of a fence on land within Zone R1, R2, R3, R4 or RU5 is development specified for this code if it forms a barrier to a swimming pool. pt 2, div 1, sdiv 17A (cll 2.34A, 2.34B): Ins 2017 (270), Sch 1 [15]. 2.34B Development standards The standards specified for that development are that the development must comply with the requirements of the Swimming Pools Act 1992 . pt 2, div 1, sdiv 17A (cll 2.34A, 2.34B): Ins 2017 (270), Sch 1 [15]. Subdivision 18 Fences (certain rural zones, environment protection zones and Zone R5) pt 2, div 1, sdiv 18, hdg: Subst 2017 (270), Sch 1 [16]. pt 2, div 1, sdiv 18: Subst 2013 (706), Sch 1 [62]. 2.35 Specified development The construction or installation of a fence on land within Zone RU1, RU2, RU3, RU4 or RU6, a conservation zone or Zone R5 is development specified for this code if it is not constructed or installed— (a) on a lot, or along a common boundary of a lot, that contains a heritage item or a draft heritage item, or (b) along the boundary of, or within the setback area of, a primary or secondary road within a heritage conservation area or draft heritage conservation area. Note. If the fence is a dividing fence, the Dividing Fences Act 1991 also applies. cl 2.35: Am 2010 (656), Sch 1 [62] [63]. Subst 2013 (706), Sch 1 [62]. Am 2017 (270), Sch 1 [17]; 2024 (42), Sch 1.39[3]. 2.36 Development standards (1) The standards specified for that development are that the development must— (a) not be higher than 1.8m above ground level (existing), and (b) not include any masonry construction that extends more than 3m from either side of the entrance to the property from the primary road, and (c) be constructed using post and wire or post and rail, and (d) if it includes an entrance gate—not have a gate that opens outwards, and (e) if it is located in a core koala habitat or potential koala habitat within the meaning of State Environmental Planning Policy No 44—Koala Habitat Protection or in a movement corridor used by koalas—be constructed or installed in accordance with any relevant council policy or guideline under that Policy, and (f) if it is located on bush fire prone land—be constructed of non-combustible materials or hardwood, and (g) if it is constructed of metal components—be of low reflective, factory pre-coloured materials, and (h) if it is electrical fencing—be constructed in accordance with AS/NZS 3014:2003 , Electrical installations – Electric fences , and (i) if it is constructed or installed on a flood control lot—not redirect or interrupt the flow of surface or ground water on that lot. (2) Despite subclause (1), if the fence is erected on a sloping site and stepped to accommodate the fall in the land the fence may be not more than 2.2m above ground level (existing) at each step. cl 2.36: Am 2010 (656), Sch 1 [65]. Subst 2013 (706), Sch 1 [62]. Am 2021 (16), Sch 1[25]. Subdivision 19 Fences (business, employment, mixed use and industrial zones and Zones SP5 and W4) pt 2, div 1, sdiv 19, hdg: Subst 2013 (706), Sch 1 [62]. Am 2024 (42), Sch 1.39[4]. pt 2, div 1, sdiv 19: Subst 2013 (706), Sch 1 [62]. 2.37 Specified development The construction or installation of a fence within a business, employment, mixed use or industrial zone or Zone SP5 or W4 is development specified for this code if it is not constructed or installed— (a) on a lot, or along a common boundary of a lot, that contains a heritage item or a draft heritage item, or (b) along the boundary of, or within the setback area of, a primary or secondary road within Zone E1, E2, E3, MU1, SP5 or W4, or (c) on a flood control lot, or (d) on land that is identified as being in a foreshore area. Note. If the fence is a dividing fence, the Dividing Fences Act 1991 also applies. cl 2.37: Am 2009 (387), Sch 1 [43]; 2010 (656), Sch 1 [62] [63]. Subst 2013 (706), Sch 1 [62]. Am 2024 (42), Sch 1.39[5] [6]. 2.38 Development standards (1) The standards specified for that development are that the development must— (a) not be higher than 3m above ground level (existing), and (b) not be of masonry construction to a height that is more than 1.2m above ground level (existing), and (c) if it includes an entrance gate—not have a gate that opens outwards, and (d) if it is located in a core koala habitat or potential koala habitat within the meaning of State Environmental Planning Policy No 44—Koala Habitat Protection or in a movement corridor used by koalas—be constructed or installed in accordance with any relevant council policy or guideline under that Policy, and (e) if it is located on bush fire prone land—be constructed of non-combustible materials or hardwood, and (f) if it is constructed of metal components—be of low reflective, factory pre-coloured materials, and (g) not be an electrical fence or use barbed wire. (2) Despite subclause (1)— (a) any fence located along the boundary of a site that adjoins land within a residential zone must be open for at least 75% of the area of the fence that is more than 1.8m above ground level (existing), and (b) any fence located on the boundary of, or within the setback area of, a road must be open for at least 75% of the area of the fence that is more than 1.2m above ground level (existing). cl 2.38: Am 2009 (387), Sch 1 [44]; 2010 (656), Sch 1 [66]. Subst 2013 (706), Sch 1 [62]. Subdivision 19A 2.38A, 2.38B pt 2, div 1, sdiv 19A (cll 2.38A, 2.38B): Ins 2010 (656), Sch 1 [67]. Rep 2013 (706), Sch 1 [62]. Subdivision 20 Flagpoles 2.39 Specified development The construction or installation of a free-standing flagpole is development specified for this code. 2.40 Development standards (1) The standards specified for that development are that the development must— (a) be not higher than 6m above ground level (existing), and (b) not have a diameter of more than 90mm, and (c) be located at least 3m from each side and rear boundary. (2) There must not be more than 1 development per lot. (3) Any flag flown from the development must not have an area of more than 2.5m 2 and must not be used for advertising. cl 2.40: Am 2009 (387), Sch 1 [45] [46]. Subdivision 20A Footpaths—outdoor dining pt 2, div 1, sdiv 20A: Ins 2013 (706), Sch 1 [63]. 2.40A Specified development The use of a footway or public open space within the meaning of the Roads Act 1993 as an outdoor dining area associated with lawful food and drink premises is development specified for this code. cl 2.40A: Ins 2013 (706), Sch 1 [63]. 2.40B Development standards (1) The standards specified for that development are that the development must— (a) (b) be carried out in accordance with an approval granted under section 125 of the Roads Act 1993 , including in accordance with any hours of operation to which the approval is subject, and (c) be carried out in accordance with any approval granted under section 68 of the Local Government Act 1993 , and (d) not be under an awning, unless the awning complies with the requirements set out in the Building Code of Australia , Volume 1, B1P1 and B1P2. (2), (3) cl 2.40B: Ins 2013 (706), Sch 1 [63]. Am 2019 (621), Sch 6[7]; 2020 (611), cl 5; 2020 (638), cl 4; 2020 (696), cl 4(2); 2021 (596), cl 4(2); 2023 (83), Sch 2.2[4]. Subdivision 20B Outdoor dining—general pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. 2.40C Specified development (1) The use of public land or private land as an outdoor dining area is development specified for this code if the use is associated with lawful— (a) artisan food and drink industries, or (b) farm gate premises, or (c) food and drink premises. (2) To be exempt development, the development must not— (a) be carried out on land— (i) in a conservation zone or in Zone E5 Heavy Industrial, or (ii) in a place of Aboriginal heritage significance identified in a local environmental plan, or (b) be associated with a registered club. (3) This Subdivision does not apply to development to which Subdivision 20A applies. (4) In this clause— public land has the same meaning as in the Local Government Act 1993 and includes Crown land within the meaning of the Crown Land Management Act 2016 . cl 2.40C: Ins 2021 (597), Sch 1. Am 2023 (695), Sch 1[1] (am 2023 (704), Sch 1[1]) [2]; 2024 (42), Sch 1.39[7]; 2025 (528), Sch 1[7]. 2.40D Development standards (1) The standards specified for the development are— (a) the development— (i) must not be located on a rooftop of a building, and (ii) must not cause offensive noise, within the meaning of the Protection of the Environment Operations Act 1997 , or other nuisance that affects adjoining owners, and (iii) must not contravene an existing condition of the most recent development consent, other than a complying development certificate, that applies to the associated premises relating to hours of operation, maximum capacity of patrons, waste management, food safety and pollution control, and (iv) must not restrict vehicular or pedestrian access to or from, or entry to a building on, the land on which the development is located, and (v) must not reduce the existing access to the associated premises, or car parking spaces provided for the associated premises, for people with a disability, and (vi) if carried out on land otherwise used for the purposes of a car park—must be designed to ensure pedestrian and patron safety, and (vii) if located at ground level (existing)—must provide a direct exit from the outdoor dining area to open space or a road, and (viii) must not be under an awning, unless the awning complies with the requirements set out in the Building Code of Australia , Volume 1, B1P1 and B1P2, and (ix) despite subparagraph (iii), may exceed the maximum capacity of patrons permitted under the development consent— (A) for development carried out in a special entertainment precinct within the meaning of the Local Government Act 1993 , section 202B—by up to 30%, with a maximum of 100 additional patrons, or (B) for development where subsubparagraph (A) does not apply and the development consent specifies patron capacity of up to 100 patrons—by up to 20%, or (C) for development where subsubparagraph (A) does not apply and the development consent specifies patron capacity of over 100 patrons—by up to 15%, with a maximum of 50 additional patrons, and (b) at the end of the use the land must, as far as practicable, be restored to the condition in which it was before the commencement of the use. Note— Other legal requirements for the consent of the owner of the land and for approvals, licences, permits and authorities still apply. This includes, for example, a requirement for an approval under the Local Government Act 1993 , section 68. (1A) Despite clause 2.32J(1)(j), the erection of a tent or marquee associated with farm gate premises must comply with clause 2.118. (2) In this clause— associated premises means the food and drink premises, farm gate premises or artisan food and drink industries with which the development is associated. cl 2.40D: Ins 2021 (597), Sch 1. Am 2022 (47), Sch 1[4]; 2023 (695), Sch 1[4] [5]; 2025 (528), Sch 1[8]–[10]. 2.40E cl 2.40E: Ins 2021 (597), Sch 1. Am 2022 (47), Sch 1[5]; 2022 (321), sec 4(1). Rep 2023 (695), Sch 1[6]. Subdivision 20C Outdoor dining—registered clubs pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 20C: Ins 2021 (597), Sch 1. 2.40F Specified development (1) The use of the premises of a registered club as an outdoor dining area associated with lawful food and drink premises is development specified for this code if the premises are located on— (a) community land within the meaning of the Local Government Act 1993 , or (b) private land. (2) To be exempt development, the development must not be carried out on land— (a) in a conservation zone, or (b) in a place of Aboriginal heritage significance identified in a local environmental plan. cl 2.40F: Ins 2021 (597), Sch 1. Am 2024 (42), Sch 1.39[7]. 2.40G Development standards The standards specified for the development are— (a) the development— (i) must not be located on a rooftop of a building, and (ii) must not cause offensive noise, within the meaning of the Protection of the Environment Operations Act 1997 , or other nuisance that affects adjoining owners, and (iii) must not contravene an existing condition of the most recent development consent, other than a complying development certificate, that applies to the registered club or the food and drink premises, other than in relation to car parking spaces, and (iv) must not restrict vehicular or pedestrian access to or from, or entry to a building on, the land on which the development is located, and (v) must not reduce the existing access to the registered club, or car parking spaces provided for the registered club, for people with a disability, and (vi) if carried out on land otherwise used for the purposes of a car park—must be designed to ensure pedestrian and patron safety, and (vii) if located at ground level (existing)—must provide a direct exit from the outdoor dining area to open space or a road, and (viii) must not be under an awning, unless the awning complies with the requirements set out in the Building Code of Australia , Volume 1, B1P1 and B1P2, and (ix) despite subparagraph (iii), may exceed the maximum capacity of patrons permitted under the development consent— (A) for development carried out in a special entertainment precinct within the meaning of the Local Government Act 1993 , section 202B—by up to 30%, with a maximum of 100 patrons, or (B) for development where subsubparagraph (A) does not apply and the development consent specifies patron capacity of up to 100 patrons—by up to 20%, or (C) for development where subsubparagraph (A) does not apply and the development consent specifies patron capacity of over 100 patrons—by up to 15%, with a maximum of 50 additional patrons, and (b) at the end of the use the land must, as far as practicable, be restored to the condition in which it was before the commencement of the use. Note— Other legal requirements for the consent of the owner of the land and for approvals, licences, permits and authorities still apply. This includes, for example, a requirement for an approval under the Local Government Act 1993 , section 68. cl 2.40G: Ins 2021 (597), Sch 1. Am 2023 (458), Sch 3.1[4]; 2023 (695), Sch 1[7]; 2025 (528), Sch 1[11]. 2.40H cl 2.40H: Ins 2021 (597), Sch 1. Am 2022 (47), Sch 1[6]; 2022 (321), sec 4(2). Rep 2023 (695), Sch 1[6]. Subdivision 21 Fowl and poultry houses pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. 2.41 Specified development The construction or installation of a fowl or poultry house is development specified for this code if it is— (a) constructed or installed on land in a residential or rural zone, and (b) not constructed or installed on or in a heritage item or a draft heritage item, and (c) not constructed or installed on land in a foreshore area. cl 2.41: Am 2009 (74), Sch 1 [19]; 2010 (656), Sch 1 [25]. 2.42 Development standards (1) The standards specified for that development are that the development must— (a) if the development is constructed or installed on land in Zone R1, R2, R3, R4, R5 or RU5— (i) be not higher than 3m above ground level (existing), and (ii) not have a floor area of more than 15m 2 , and (iii) be located in the rear yard, and (iv) for development on land in Zone R5—not house more than 10 fowl or poultry, and (v) for development on any other land—not house more than 5 fowl or poultry and not house any roosters, and (b) if the development is constructed or installed on land in Zone RU1, RU2, RU3, RU4 or RU6— (i) be not higher than 7m above ground level (existing), and (ii) not have a floor area of more than 50m 2 , and (b1), (b2) (c) be located at least 3m from each lot boundary, and (d) if it houses fowls (including guinea fowls) only—be located at least 4.5m from any dwelling, public hall, school or premises used for the manufacture, preparation, sale or storage of food, and (e) if it houses other types of poultry—be located at least 30m from any dwelling, public hall, school or premises used for the manufacture, preparation, sale or storage of food, and (f) be enclosed to prevent the escape of poultry, and (g) be constructed or installed so that roofwater is disposed of without causing a nuisance to adjoining owners, and (h) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials if it is located on land in a residential zone, and (i) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and (j) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard. (2) There must not be more than 1 development per lot. cl 2.42: Am 2009 (387), Sch 1 [47]; 2010 (656), Sch 1 [68] [69]; 2013 (706), Sch 1 [64]–[66]; 2017 (269), Sch 1 [12] [13]. Subdivision 21AA Fuel tanks and gas storage pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 21AA: Ins 2010 (656), Sch 1 [70]. 2.42AA Specified development The construction or installation of an above ground fuel tank or gas storage facility for agricultural activity is development specified for this code if it is constructed or installed on a lot in a rural zone that is larger than 2ha and is not constructed or installed in an environmentally sensitive area. cl 2.42AA: Ins 2010 (656), Sch 1 [70]. Am 2013 (706), Sch 1 [67]. 2.42AB Development standards The standards specified for that development are that the development must— (a) not have a capacity of more than— (i) for a fuel tank—5,000 L, or (ii) for a gas tank—1,000 L, and (b) be located at least 20m from the primary road frontage of the lot and at least 10m from each other lot boundary, and (c) be bunded with the capacity to contain at least 110% of the capacity of the tank, and (d) if a fuel tank—be constructed of prefabricated metal, be freestanding and installed in accordance with the requirements of AS 1940:2017 , The storage and handling of flammable and combustible liquids , and (e) if a gas tank—be designed and constructed in accordance with the requirements of AS/NZS 1596:2014 , The storage and handling of LP Gas by a professional engineer, and (f) not be used for advertising, and (g) be located at least 1m from any registered easement, sewer main or water main. Note. Other existing legislative requirements still apply in relation to work place health and safety issues. cl 2.42AB: Ins 2010 (656), Sch 1 [70]. Am 2020 (69), Sch 2.3[5]; 2021 (16), Sch 1[26]. Subdivision 21A Garbage bin storage enclosure pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 21A: Ins 2009 (387), Sch 1 [48]. 2.42A Specified development The construction or installation of a garbage bin storage enclosure is development specified for this code if it is not carried out on land in a foreshore area. cl 2.42A: Ins 2009 (387), Sch 1 [48]. 2.42B Development standards (1) The standards specified for that development are that the development must— (a) be for a dwelling house only, and (b) be located at least 1m behind the building line of any road frontage, and (c) be located at least 450mm from each side and rear boundary, and (d) if it is constructed of metal components—be of low reflective, factory pre-coloured materials, and (e) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and (f) if it is constructed or installed on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and (g) be located at least 1m from any registered easement. (2) There must not be more than 1 development per lot. cl 2.42B: Ins 2009 (387), Sch 1 [48]. Am 2010 (656), Sch 1 [25]; 2013 (706), Sch 1 [68]. Subdivision 21B 2.42C, 2.42D pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 21B: Ins 2009 (387), Sch 1 [48]. Rep 2013 (706), Sch 1 [69]. cl 2.42C: Ins 2009 (387), Sch 1 [48]. Am 2010 (656), Sch 1 [25]. Rep 2013 (706), Sch 1 [69]. cl 2.42D: Ins 2009 (387), Sch 1 [48]. Am 2010 (656), Sch 1 [52]; 2013 (706), Sch 1 [35]. Rep 2013 (706), Sch 1 [69]. Subdivision 22 Home businesses, home industries and home occupations pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. 2.43 Specified development A home business, a home industry or a home occupation that does not involve the manufacture of food products or skin penetration procedures is development specified for this code. cl 2.43: Am 2010 (656), Sch 1 [71]. 2.44 Development standards The standards specified for this development are that the development must— (a) not involve a change of building use, and (b) if the development is on land to which a local environmental plan made under section 3.20 of the Act applies, comply with the applicable standards specified under clause 5.4(2) and (3) of that plan. Note 1. The elements that must comprise this development are specified in the definition of home business , home industry or home occupation the Standard Instrument. Note 2. Under the Building Code of Australia , a change of building use involving a floor area greater than 10% of the floor area of a building would cause the building to contravene the development standard. cl 2.44: Subst 2009 (74), Sch 1 [20]. Am 2011 (99), Sch 1 [7]; 2018 (68), Sch 2 [1]. Subdivision 23 2.45, 2.46 pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 23 (cll 2.45, 2.46): Rep 2017 (494), Sch 6.1 [1]. Subdivision 23A Hot water systems pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 23A: Ins 2009 (387), Sch 1 [49]. 2.46A Specified development The construction or installation of a hot water heater or a hot water storage tank is development specified for this code. cl 2.46A: Ins 2009 (387), Sch 1 [49]. 2.46B Development standards The standards specified for that development are that the development must— (a) not be a solar hot water system, and (a1) if it uses a heat pump water heater, be designed so as not to operate— (i) during peak time—at a noise level that is more than 5 dB(A) above the ambient background noise level measured at any property boundary, or (ii) during off peak time—at a noise level that is audible in habitable rooms of adjoining residences, and (b) if constructed or installed externally and on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area— (i) not be located on a roof, and (ii) be located in the rear yard. cl 2.46B: Ins 2009 (387), Sch 1 [49]. Am 2010 (656), Sch 1 [72]–[74]. Note 1. See note relating to Solar Hot Water Systems. Note 2. For further information about noise control in relation to heat pump water heaters, see the NSW Government’s Noise Guide for Local Government published in 2010 (ISBN 978 1 74232 942 0). Subdivision 23B Hours of operation and trading pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 23B: Ins 2021 (777), Sch 1[9]. 2.46C Specified development (1) The operation of premises in Zone E1, E2, E3, E4, E5, MU1, B1, B2, B3, B4, B5, B6, B7, B8, IN1, IN2, IN3, IN4, SP5 or W4 in accordance with an existing development consent or complying development certificate at any time outside the hours permitted by the development consent or complying development certificate is development specified for this code. (2) The trading on or from premises in accordance with an existing development consent or complying development certificate at the following times occurring outside the hours permitted by the development consent or complying development certificate is development specified for this code— (a) in Zone E1, E2, E3, B1, B2, B3, B5, B6, B7, B8, IN4, SP1, SP2, SP3, SP5 or W4—6am–10pm, (b) in Zone MU1 or B4—6am–7pm, (c) in Zone E4, E5, IN1, IN2 or IN3 for relevant premises— (i) until the end of 31 January 2024—24 hours a day, (ii) from the beginning of 1 February 2024—6am–7pm, (d) in Zones Zone E4, E5, IN1, IN2 or IN3 for all other premises—24 hours a day. (3) In this clause— relevant premises means boat building and repair facilities and vehicle body repair workshops that are located within 100m of a residential zone. cl 2.46C: Ins 2021 (777), Sch 1[9]. Am 2022 (47), Sch 1[7]; 2022 (768), Sch 1[8]–[11]. 2.46D Development standards The standards specified for the development are as follows— (a) the development must comply with the Noise Policy, (b) the development must not be for purposes referred to in clause 5A.2(2), (c) the development must not be designated development, (d) the premises must not require, or be subject to, an environment protection licence under the Protection of the Environment Operations Act 1997 . cl 2.46D: Ins 2021 (777), Sch 1[9]. Subdivision 24 Landscaping structures pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. 2.47 Specified development The construction or installation of a landscaping structure (including a garden arch), other than a retaining wall is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item or on land in a foreshore area. cl 2.47: Am 2009 (74), Sch 1 [13]; 2010 (656), Sch 1 [25]. 2.48 Development standards The standards specified for that development are that the development must— (a) be not higher than 2.1m above ground level (existing), and (b) be not wider than 1.5m, and (c) be located at least 900mm from each lot boundary, and (d) not comprise masonry construction higher than 1m from ground level (existing), and (e) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard. Subdivision 25 Letterboxes pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. 2.49 Specified development The construction or installation of a letterbox, whether free standing or in banks, is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item. cl 2.49: Am 2010 (656), Sch 1 [25]. 2.50 Development standards (1) The standards specified for that development are that the development must— (a) be not higher than 1.2m above ground level (existing), and (b) be visible from the road alignment, and (c) have appropriate numbering that is visible from the road alignment. (2) cl 2.50: Am 2009 (387), Sch 1 [50]. Subdivision 25A Maintenance of buildings in draft heritage conservation areas pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 25A: Ins 2011 (99), Sch 1 [8]. 2.50A Specified development The maintenance of a building in a draft heritage conservation area comprising only— (a) painting, plastering, cement rendering, or cladding, or (b) the repair or replacement of an external window, glazing areas or a door (other than those on bush fire prone land), or (c) the repair or replacement of a non-structural wall or roof cladding, or (d) the repair or replacement of a balustrade, is development specified for this code if it is not constructed or installed on or in, or in relation to, a heritage item or draft heritage item. cl 2.50A: Ins 2011 (99), Sch 1 [8]. 2.50B Development standards The standards specified for that development are that the development must— (a) reproduce the existing materials, finish and design of the building so as not to alter its appearance, and (b) not result in an increase of floor area or alter the layout of the building, and (c) not comprise the making of, or an alteration to the size of, any opening in a wall or roof, such as a doorway, window or skylight, and (d) not reduce the existing fire resistance level of a wall or roof, and (e) if located on bush fire prone land— (i) be adequately sealed or protected to prevent the entry of embers, and (ii) use equivalent or improved quality materials, and (f) not affect any existing fire resisting components of the building, and (f1) if the development involves cladding— (i) not be carried out on any building other than a 1 or 2 storey dwelling house, attached development or detached development, and (ii) not involve the use of external combustible cladding, and (g) not affect the means of egress from the building in an emergency. cl 2.50B: Ins 2011 (99), Sch 1 [8]. Am 2018 (505), Sch 1.3 [2]. Subdivision 26 Minor building alterations (internal) pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. 2.51 Specified development (1) A minor internal building alteration for the replacement or renovation of— (a) a doorway, wall, ceiling or floor lining, or (b) a deteriorated frame member, including stairs and stairwells, or (c) a bathroom or kitchen, or (d) a built in fixture such as a vanity, a cupboard or a wardrobe, or (e) an existing sanitary fixture, such as a grease trap or the like, or (f) shelving or racking, or (g) a partition, work station or counter, is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item. (2) The installation of new or replacement insulation material in the ceiling, floor or wall of a building is development specified for this code. (3) A minor internal building alteration consisting of other remedial work necessary to repair or maintain a building is development specified for this code if the work is not carried out on or in a heritage item or a draft heritage item. cl 2.51: Am 2009 (74), Sch 1 [21]; 2009 (387), Sch 1 [51] [52]; 2010 (656), Sch 1 [25] [75]; 2021 (16), Sch 1[27]; 2021 (777), Sch 1[10]; 2024 (609), Sch 1[27]. 2.52 Development standards (1) The standards specified for that development are that the development must— (aa) not be an alteration to a food preparation area in food and drink premises, and (a) if it is the replacement or renovation of a deteriorated frame member—be of equivalent or improved quality materials, and (b) not include a change to the configuration of a room, whether by removal of an existing wall, partition or other means, and (c) not cause reduced window arrangements for light and ventilation needs, reduce the size of a doorway or involve the enclosure of an open area, and (d) not affect the load bearing capacity (whether vertical or horizontal) of a building, and (e) not include a change to the fire resisting components of, or interfere with the entry to, or exit from, or the fire safety measures contained within, a building, and (e1) if it is the installation of a partition, work station or counter— (i) comply with the requirements set out in the Building Code of Australia , Volume 1, D2D5, and (ii) if located beneath a fire sprinkler—not be higher than 1.5m, and (f) if it is the installation of new or replacement insulation material in a dwelling, it must be in accordance with the ABCB Housing Provisions Standard , Part 13.2, and (g) not affect an existing awning, or more than 25% of the gross floor area of an existing building to which an awning is attached, unless the awning complies with the requirements set out in the Building Code of Australia , Volume 1, B1P1 and B1P2. (2) In this clause— ABCB Housing Provisions Standard means the Housing Provisions Standard published by the Australian Building Codes Board in 2022. cl 2.52: Am 2009 (74), Sch 1 [22]; 2009 (387), Sch 1 [53] [54]; 2019 (621), Sch 6[8]; 2021 (16), Sch 1[28]; 2023 (83), Sch 2.2[4]–[7]. Subdivision 27 Minor building alterations (external) pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. 2.53 Specified development A minor external non-structural building alteration, such as the following— (a) painting, plastering, cement rendering, cladding, attaching fittings or decorative work, (b) the replacement of an external window, glazing areas or a door (other than those on bush fire prone land), (c) the repair to or replacement of a non-structural wall or roof cladding, (d) the installation of a security screen or grill to a door or window or a security door, (e) the repair to or replacement of a balustrade, (f) restumping or repairing structure foundations without increasing the height of the structure, (g) other remedial work necessary to repair or maintain the building, is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area. cl 2.53: Am 2009 (387), Sch 1 [55]–[57]; 2010 (656), Sch 1 [25] [76]; 2024 (609), Sch 1[28]. 2.54 Development standards The standards specified for that development are that the development must— (a) not comprise the making of, or an alteration to the size of, any opening in a wall or roof, such as a doorway, window or skylight, and (b) not reduce the existing fire resistance level of a wall or roof, and (c) if located on bush fire prone land— (i) be adequately sealed or protected to prevent the entry of embers, and (ii) use equivalent or improved quality materials, and (d) not affect any existing fire resisting components of the building, and (d1) if the development involves cladding or is attaching fittings or decorative work— (i) not be carried out on any building other than a 1 or 2 storey dwelling house, attached development or detached development, and (ii) not involve the use of external combustible cladding, and (e) not affect the means of egress from the building in an emergency, and (f) if it is the installation of a security screen or grill to a door or window or a security door— (i) be for the purposes of a dwelling, or (ii) be for any other purpose so long as— (A) the screen or grill is installed for a door or window that is situated at least 5m from the boundary of any road, or (B) the security door is installed at least 5m from the boundary of any road, and (g) not be under an awning, unless the awning complies with the requirements set out in the Building Code of Australia , Volume 1, B1P1 and B1P2. Note. See separate entry for skylights. cl 2.54: Am 2009 (74), Sch 1 [23]; 2009 (387), Sch 1 [58] [59]; 2013 (706), Sch 1 [70]; 2018 (505), Sch 1.3 [3]; 2019 (621), Sch 6[9]; 2023 (83), Sch 2.2[4]. Subdivision 27A Mobile food and drink outlets pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 27A: Ins 2013 (706), Sch 1 [71]. 2.54A Specified development The carrying out of the retail sale of food, drinks and related products on land from a mobile outlet such as a food truck, van, cart or other similar vehicle is development specified for this code. cl 2.54A: Ins 2013 (706), Sch 1 [71]. 2.54B Development standards The standards specified for that development are that the development must— (a) have the consent of the owner of the land on which the development is carried out or, if a council or public authority has the control and management of the land, the consent, in writing, of the council or public authority, and (b) not restrict any vehicular or pedestrian access to or from the land or entry to any building on the land, and (c) not obstruct the operation of, or access to, any utility services on the land or on adjacent land, and (d) not be located within the canopy of, or result in damage to, any tree growing on the land or on adjacent land, and (e) not result in any damage to public property on the land or on adjacent land, and (f) if carried out on land in a residential zone—only be carried out between 7am and 7pm, and (f1) if carried out on land immediately adjacent to a residential zone—only be carried out between 7am and 10pm, and (g) if located on a public place—have any approval required under section 68 of the Local Government Act 1993 , and (h) if located on private land—be limited to 1 development on that land and not contravene any conditions of a development consent for any other use carried out on the land. Note. A registrable vehicle within the meaning of the Road Transport (Vehicle Registration) Regulation 2007 , or a cart, bicycle cart or the like must operate in accordance with the Guidelines for mobile food vending vehicles (NSW/FA/F1055/1302) published by the NSW Food Authority in February 2013, and any requirements of the Food Act 2003 . cl 2.54B: Ins 2013 (706), Sch 1 [71]. Am 2022 (47), Sch 1[8]. Subdivision 28 Pathways and paving pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 28: Subst 2013 (706), Sch 1 [72]. 2.55 Specified development (1) The construction or installation of a pathway or paving, including any paving of a deck, pergola, patio or terrace is development specified for this code. (2) Subclause (1) does not include any paving of a driveway, hard stand space or turning or parking area to be used by vehicles for any purpose, including the delivery or loading of goods. cl 2.55: Subst 2013 (706), Sch 1 [72]. 2.56 Development standards The standards specified for that development are that the development must— (a) be constructed or installed so that any surface water or runoff is disposed of by a drainage system that is connected to the existing stormwater drainage system, and (b) if constructed or installed in a residential zone or Zone RU5— (i) not require cut or fill more than 600mm below or above ground level (existing), and (ii) not result in the total area of all paved areas (including driveways and hard stand spaces) on the lot exceeding 15% of the area of the lot or 150m 2 , whichever is the lesser, and (c) if constructed or installed in a residential zone— (i) on a lot that has a width at the front building line of not more than 18m—have at least 25% of the area forward of the building line as landscaped area, and (ii) on a lot that has a width at the front building line of more than 18m—have at least 50% of the area forward of the building line as landscaped area, and (d) if constructed or installed in a zone (other than a residential zone or Zone RU5)— (i) not require cut or fill more than 1m below or above ground level (existing), and (ii) not reduce any required landscaped area along a boundary with a road or an adjoining lot on which a dwelling is located. Note. The Standard Instrument defines landscaped area as a part of a site used for growing plants, grasses and trees, but not including any building, structure or hard paved area. cl 2.56: Am 2009 (74), Sch 1 [24]. Subst 2013 (706), Sch 1 [72]. Am 2017 (542), Sch 1 [3]. Subdivision 29 Playground equipment pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. 2.57 Specified development (1) The construction or installation of playground equipment is development specified for this code. (2) In this Subdivision— playground equipment includes slides, swings and trampolines, but does not include skateboard ramps. cl 2.57: Am 2021 (16), Sch 1[29]. 2.58 Development standards The standards specified for that development are that the development must— (a) (b) be not higher than 2.5m above ground level (existing), and (b1) be located at least 450mm from each side and rear boundary, and (c) if it is on land in Zone R1, R2, R3 or R4—be located in the rear yard. (d) cl 2.58: Am 2010 (656), Sch 1 [77]; 2013 (706), Sch 1 [73] [74]. Subdivision 30 Portable swimming pools and spas and child-resistant barriers pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. 2.59 Specified development The construction or installation of a portable swimming pool or spa or a child-resistant barrier that is required under the Swimming Pools Act 1992 is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item or on land in a foreshore area. cl 2.59: Am 2009 (74), Sch 1 [13]; 2010 (656), Sch 1 [25]. 2.60 Development standards (1) The standards specified for that development, if it is the construction or installation of a portable swimming pool or spa, are that the development must— (a1) be for residential uses only, and (a) be located in the rear yard, and (b) be located at least 1m from each lot boundary, and (c) not exceed 2,000 L in capacity, and (d) not require structural work for installation, and (e) not impact on the structural stability of any building. (2) A child-resistant barrier must be constructed or installed in accordance with the requirements of the Swimming Pools Act 1992 . cl 2.60: Am 2009 (387), Sch 1 [60] [61]; 2013 (706), Sch 1 [35]. Subdivision 31 Privacy screens pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. 2.61 Specified development The construction or installation of a privacy screen that is not attached to a boundary fence or retaining wall is development specified for this code if it is not constructed or installed on land in a foreshore area. cl 2.61: Am 2009 (74), Sch 1 [12]. 2.62 Development standards (1) The standards specified for that development are that the development must— (a) if attached to a balcony, deck, patio, terrace or verandah—be at least 1.7m, but not more than 2.2m, above the finished floor level of that development, and (b) if located on the ground—be not higher than 2.5m above ground level (existing), and (c) be not longer than 5m, and (d) be located at least 900mm from each lot boundary, and (e) be located in the rear yard. (2) There must not be more than 2 such privacy screens erected under this clause on any lot. cl 2.62: Am 2010 (656), Sch 1 [78] [79]. Subst 2013 (706), Sch 1 [75]. Subdivision 32 Rainwater tanks (above ground) pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. 2.63 Specified development The construction or installation of a rainwater tank above ground is development specified for this code if it is not constructed or installed on land in a foreshore area or in an environmentally sensitive area. cl 2.63: Am 2009 (74), Sch 1 [12]; 2013 (706), Sch 1 [76]. 2.64 Development standards (1) The standards specified for that development are that the development must— (a) if it is on land other than land in Zone RU1, RU2, RU3, RU4, RU6, R5, E2, E3 or E4— (i) (ii) not have a capacity more than 10,000 L, and (iii) be located at least 450mm from each lot boundary, if the tank has a height of more than 1.8m above ground level (existing), and (b) if it is on land in Zone RU1, RU2, RU3, RU4, RU6, R5, E2, E3 or E4—be located at least 10m from each lot boundary, and (c) be located behind the building line of any road frontage, and (d) not rest on the footings of an existing building for support, and (e) not require cut and fill of more than 1m below or above ground level (existing), and (f) be fitted with a screened rain head designed to ensure self-cleaning and prevent leaf litter entering into the water tank, and (g) be fitted with a first-flush device incorporating an automatic resetting valve that causes initial run-off rainwater to bypass the tank, and (h) be constructed or installed with inlets and outlets designed to prevent mosquitoes breeding in it, and (i) have its overflow connected to an existing stormwater drainage system that does not discharge to an adjoining property, or cause a nuisance to adjoining owners, and (j) have a sign affixed to it with a statement to the effect that the water in the tank is rainwater, and (k) if it is constructed or installed on or in a heritage item or a draft heritage item—be located in the rear yard. (2) Pumps attached to the development must be housed in an enclosure that is soundproofed. (3) If reticulated water is provided to the lot, the development must not be interconnected with any system supplying drinking water to the lot unless it complies with the relevant water authority’s requirements. (4) cl 2.64: Am 2009 (387), Sch 1 [62] [63]; 2010 (656), Sch 1 [25] [80]; 2013 (706), Sch 1 [77]–[79]; 2017 (494), Sch 6.1 [2] [3]. Subdivision 33 Rainwater tanks (below ground) pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. 2.65 Specified development The construction or installation of a rainwater tank below ground is development specified for this code if— (a) it is constructed or installed on land in Zone RU1, RU2, RU3, RU4, RU6 or R5, and (b) it is not constructed or installed on land that is identified on an Acid Sulfate Map as being Class 1–5, and (c) it is not constructed or installed on land that is identified as an environmentally sensitive area. cl 2.65: Subst 2010 (656), Sch 1 [80]; 2013 (706), Sch 1 [80]. 2.66 Development standards (1) The standards specified for that development are that the development must— (a) be fitted with a first-flush device that causes initial run-off rainwater to bypass the tank, and (b) have a sign affixed to it stating the water in it is rainwater, and (c) be constructed or installed to prevent mosquitoes breeding in it, and (d) have its overflow connected to an existing stormwater drainage system that does not discharge to an adjoining property, or cause a nuisance to adjoining owners, and (e) if it is constructed or installed on or in a heritage item or a draft heritage item—be located in the rear yard. (2) Pumps attached to the development must be housed in an enclosure that is soundproofed. (3) If reticulated water is provided to the lot, the development must not be interconnected with any system supplying drinking water to the lot unless it complies with the relevant water authority’s requirements. cl 2.66: Am 2010 (656), Sch 1 [25]; 2013 (706), Sch 1 [81]. Subdivision 33AA Roadside stalls pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 33AA: Ins 2022 (593), Sch 1[11]. 2.66AA Specified development Development for the purposes of a single roadside stall is development specified for this code if carried out on a landholding that is— (a) privately owned, and (b) in Zone RU1, RU2 or RU4, and (c) not adjacent to a freeway, highway or tollway within the meaning of the Roads Act 1993 , and (d) not in a floodway within the meaning of the Flood Risk Management Manual . cl 2.66AA: Ins 2022 (593), Sch 1[11]. Am 2022 (768), Sch 1[12]; 2023 (609), Sch 2.17[2] [6]. 2.66AB Development standards The following standards are specified for the development— (a) the gross floor area of the stall must be no more than 9m 2 , (b) for a stall located on bush fire prone land—the stall must not be erected or installed within 6m of residential accommodation, (c) an evacuation diagram displaying the following must be located in a prominent position on or near the stall— (i) directions to facilitate the safe evacuation of people from the site, (ii) contact details for emergency services, including for a bush fire, flood or other natural disaster, (d) an existing vehicular access point to a public road must comply with the lesser of— (i) a clear sight distance for vehicles leaving the premises of at least 300m, or (ii) the minimum car stopping sight distances set out in the Guide to Road Design Part 3: Geometric Design , Table 5.5, published by Austroads on 26 February 2021, (e) vehicles must be able to enter and exit the landholding in a forward direction, (f) car parking spaces must be located— (i) on a road verge, or (ii) wholly within the boundaries of the landholding, (g) car parking spaces may only be located on a road verge if— (i) the verge has a maximum average gradient of 1:20, and (ii) there is no vegetation on the verge, and (iii) the parking spaces are at least 3m from a lane of a road, and (iv) the verge is adjacent to a road with a maximum speed limit of 60km/hr or less, (h) waste generated as a result of the development must be disposed of— (i) using a sewage reticulation system connected to the landholding, or (ii) using a system of sewage management for which the approval of the council has been obtained under the Local Government Act 1993 , section 68, or (iii) at a waste or resource management facility, (i) the on-site disposal of organic or putrescible waste must not have an adverse impact on the use of adjoining land. cl 2.66AB: Ins 2022 (593), Sch 1[11]. Am 2024 (609), Sch 1[16]. Subdivision 33A Roller shutter doors adjoining lanes pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 33A: Ins 2013 (706), Sch 1 [82]. 2.66A Specified development The installation of a roller shutter door on a boundary adjoining a lane is development specified for this code. cl 2.66A: Ins 2013 (706), Sch 1 [82]. 2.66B Development standards The standards specified for that development are that the development must— (a) be associated with a hard stand, garage or carport, and (b) have a width of not greater than 4.5m, and (c) not be higher than 3m above ground level (existing), and (d) not encroach on the lane, and (e) comply with AS/NZS 2890.1:2004 , Parking facilities, Part 1: Off-street car parking . cl 2.66B: Ins 2013 (706), Sch 1 [82]. Am 2021 (16), Sch 1[30]. Subdivision 34 2.67, 2.68 pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 34, hdg: Subst 2009 (387), Sch 1 [64]. Rep 2013 (706), Sch 1 [83]. cl 2.67: Subst 2009 (387), Sch 1 [65]. Rep 2013 (706), Sch 1 [83]. cl 2.68: Am 2009 (387), Sch 1 [66] [67]. Rep 2013 (706), Sch 1 [83]. Subdivision 35 Screen enclosures (of balconies, decks, patios, pergolas, terraces and verandahs) pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. 2.69 Specified development The construction or installation of a screen by attaching it to a balcony, deck, patio, pergola, terrace or verandah of a dwelling is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item. cl 2.69: Am 2010 (656), Sch 1 [25]. 2.70 Development standards The standards specified for that development are that the development must— (a) not have a solid enclosing wall, and (b) if it encloses a structure attached to the ground level of a single storey dwelling or the upper level of a two storey dwelling—not be higher than the roof gutter line, and (c) if it encloses a structure attached to the ground level of a two storey dwelling—not be higher than 3m above the floor level of the structure it is enclosing, and (d) if it encloses a freestanding structure—not be higher than 3m above the floor level of the structure it is enclosing, and (e) if it encloses a structure attached to the upper level of a two storey dwelling—not enclose an area of more than 9m 2 , and (f) be located behind the building line of any road frontage, and (g) be located at least 900mm from each lot boundary, and (h) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and (i) if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and (j) if it is not located on bush fire prone land—have at least two-thirds of its perimeter comprising open screen mesh material, and (j1) if it is located on bush fire prone land—cover all openings, including any sub-floor areas, operable windows, vents and eaves, and be made of a non-corrosive metal material with a maximum aperture of 2mm, and (k) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and (l) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—not be attached to any balcony, deck, patio, pergola, terrace or verandah that faces any road. cl 2.70: Am 2009 (387), Sch 1 [68] [69]; 2010 No 59, Sch 2.87 [1]; 2010 (656), Sch 1 [82]; 2024 (609), Sch 1[29]. Subdivision 35A Security measures for places of public worship pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 35A: Ins 2024 (662), Sch 1. 2.70A Specified development The construction or installation of security measures, including bollards, fencing, lighting, security cameras, safety glass and reinforced doors, is development specified for this code. cl 2.70A: Ins 2024 (662), Sch 1. 2.70B Development standards The standards specified for the development are that the development must— (a) be associated with a place of public worship, and (b) be contained entirely within the lot on which the place of public worship is located, and (c) be at least 450mm from each lot boundary, other than a boundary with a road, and (d) if connected to a fascia—be connected in accordance with a professional engineer’s specifications, and (e) if located on bush fire prone land—be constructed of non-combustible material, and (f) if constructed or installed on a heritage item—be constructed or installed so that it can be removed without irreversibly damaging building fabric, and (g) not affect any existing fire resisting components of a building, and (h) not affect the means of evacuation from a building in an emergency, and (i) not be used for advertising. cl 2.70B: Ins 2024 (662), Sch 1. Subdivision 36 Shade structures of canvas, fabric, mesh or the like pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. 2.71 Specified development The construction or installation of a shade structure of canvas, fabric, mesh or the like is development specified for this code if it is not constructed or installed on land in a foreshore area. Note. See separate entry for awnings, blinds and canopies. cl 2.71: Am 2009 (74), Sch 1 [12]. 2.72 Development standards The standards specified for that development are that the development must— (a) (b) not have an area more than— (i) if for residential uses—20m 2 , or (ii) if it is constructed or installed for the purposes of a centre-based child care facility in a residential zone—40m 2 , or (iii) if it is constructed or installed for the purposes of a centre-based child care facility in a zone other than a residential zone—60m 2 , or (iv) if it is constructed or installed for the purposes of any other use—30m 2 , and (c) not cause the total area of all such structures on the lot to be more than 15% of the ground floor area of all buildings on the lot, and (d) not be higher than 3m from ground level (existing), and (e) be located at a distance from each lot boundary of at least— (i) if the development is carried out in Zone RU1, RU2, RU3, RU4, RU6 or R5—5m, or (ii) in any other case—900mm, and (f) be located behind the building line of any road frontage, and (g) to the extent it is comprised of metal components—be constructed of low reflective, factory pre-coloured materials, and (h) if it is connected to a fascia—be connected in accordance with a professional engineer’s specifications, and (i) not interfere with the functioning of existing drainage fixtures or flow paths, and (j) if it is located on bush fire prone land and is less than 5m from a dwelling—be constructed of non-combustible material, and (k) if it is constructed or installed on or in a heritage item or a draft heritage item or in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and (l) if it is constructed or installed for the purposes of a centre-based child care facility—be constructed of non-combustible material. cl 2.72: Am 2010 No 59, Sch 2.87 [1]; 2010 (656), Sch 1 [25] [83] [84]; 2013 (706), Sch 1 [35] [84]–[86]; 2017 (494), Sch 6.1 [4]. Subdivision 36A Shipping containers (temporary installation and use for storage purposes following a natural disaster) pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 36A, hdg: Ins 2009 (387), Sch 1 [70]. Rep 2013 (706), Sch 1 [87]. Ins 2020 (30), Sch 1[6]. Am 2022 (153), Sch 2[5]. pt 2, div 1, sdiv 36A: Ins 2009 (387), Sch 1 [70]. Rep 2013 (706), Sch 1 [87]. Ins 2020 (30), Sch 1[6]. 2.72A Specified development The installation and temporary use of a shipping container for storage purposes on a lot is development specified for this code if— (a) a building on the lot has been significantly damaged by a natural disaster, or (b) the lot is in an area declared by an order under the State Emergency and Rescue Management Act 1989 , section 33 to be an area where a state of emergency exists. cl 2.72A: Ins 2009 (387), Sch 1 [70]. Rep 2013 (706), Sch 1 [87]. Ins 2020 (30), Sch 1[6]. Subst 2022 (153), Sch 2[6]. 2.72B Development standards The standards specified for that development are that the development must— (a) be carried out within 2 years of the natural disaster or of the declaration being made, and (b) be removed no more than 2 years after it is installed, and (c) not be used for a purpose other than storage, and (d) not result in more than— (i) 1 shipping container on a lot in a residential zone or conservation zone, or (ii) 2 shipping containers on a lot in a rural, business, employment, mixed use, industrial or special purpose zone or Zone W4, and (e) have appropriate foundations and structural support to ensure that it is safe and stable, and (f) have a maximum height of 3m, and (g) have a maximum length of 12.5m, and (h) have a maximum width of 2.5m, and (i) be at least 1.2m clear of any 150mm diameter sewer main or 2m clear of any 225mm (or greater) diameter sewer main, and (j) not be installed over any easement, and (k) not be installed over drainage pipes or any house drainage pipelines unless access to the inspection openings is maintained at all times, and (l) not be on a flood control lot, and (m) if in a residential zone—be behind the front building line. cl 2.72B: Ins 2009 (387), Sch 1 [70]. Rep 2013 (706), Sch 1 [87]. Ins 2020 (30), Sch 1[6]. Am 2022 (153), Sch 2[7] [8]; 2024 (42), Sch 1.39[8] [9]. Subdivision 36B Shipping containers and portable offices (temporary installation and use for existing commercial and industrial purposes) pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 36B: Ins 2020 (70), Sch 1. 2.72C Specified development The installation and temporary use of a shipping container or portable office on land in a business, employment, mixed use or industrial zone or Zone RU5, SP5 or W4 is development specified for this code if the land— (a) is part of a lot on which a building has been significantly damaged by a bush fire, and (b) is in an area declared by an order under section 33 of the State Emergency and Rescue Management Act 1989 to be an area where a state of emergency in respect of bush fires exists. cl 2.72C: Ins 2020 (70), Sch 1. Am 2020 (157), cl 5; 2024 (42), Sch 1.39[10]. 2.72D Development standards The standards specified for that development are that the development must— (a) be carried out within 2 years of the declaration being made, and (b) be removed no more than 2 years after it is installed, and (c) not be used for a purpose other than a commercial or industrial purpose for which a building, significantly damaged by a bush fire, on the lot was lawfully used in the 12 months immediately before the building was significantly damaged by the bush fire, and (d) have appropriate foundations and structural support to ensure that it is safe and stable, and (e) if it is a shipping container— (i) have a maximum length of 12.5m, and (ii) have a maximum height of 3m, and (iii) have a maximum width of 2.5m, and (f) if it is a portable office— (i) have a maximum area of 36m 2 , and (ii) have a maximum height of 3m, and (g) be at least 1.2m clear of any 150mm diameter sewer main or 2m clear of any 225mm (or greater) diameter sewer main, and (h) be located at a distance from each lot boundary of at least— (i) if the adjoining lot is used for a residential purpose—5m, or (ii) if the adjoining lot is not used for a residential purpose—1m, and (i) not result in more than— (i) 2 shipping containers installed on the lot, or (ii) 2 portable offices installed on the lot, or (iii) 1 shipping container and 1 portable office installed on the lot, and (j) not affect the means of egress from any building in an emergency, and (k) be installed so that roof water is disposed of without causing a nuisance to adjoining owners, and (l) not be installed over any easement, and (m) not be installed over drainage pipes or any house drainage pipelines unless access to the inspection openings is maintained at all times, and (n) if it contains plumbing fixtures—have those fixtures connected to an approved waste water treatment device or an approved connection to the sewer. Note. The Food Act 2003 , and the regulations under that Act, may contain additional requirements in relation to premises used by a food business in connection with the handling of food intended for sale. cl 2.72D: Ins 2020 (70), Sch 1. Subdivision 37 Skylights, roof windows and ventilators pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 37, note: Ins 2010 (754), Sch 2. Am 2022 (72), Sch 1.52[12]. 2.73 Specified development (1) The construction or installation of a skylight, roof window or ventilator is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item. (2) Development referred to in subclause (1) is not exempt development if it is constructed or installed on land in the local government area of Coonamble, Gilgandra, Warrumbungle Shire or Dubbo Regional. cl 2.73: Am 2010 (656), Sch 1 [25] [85]; 2016 (310), Sch 4.29 [5]; 2017 (270), Sch 1 [6]; 2023 (79), Sch 1[2]. 2.74 Development standards The standards specified for that development are that the development must— (aa) be for residential uses only, and (a) not cause the total area of all such structures to be more than 2% of the total roof area of the building, and (b) be located at least 900mm from each lot boundary, and (c) be located at least 900mm from a wall separating attached dwellings, and (d) be constructed or installed so that any opening created is adequately weather proofed, and (e) not involve work that reduces the structural integrity of the building, and (f) if located on bush fire prone land—be adequately sealed or protected to prevent entry of embers, and (g) if constructed or installed in a heritage conservation area or a draft heritage conservation area—not be visible from any road frontage. cl 2.74: Am 2009 (387), Sch 1 [71]; 2013 (706), Sch 1 [35]. Note. Development for the purposes of small wind turbine systems or solar energy systems (ie a photovoltaic electricity generating system, solar hot water system or solar air heating system) is specified as exempt development under State Environmental Planning Policy (Transport and Infrastructure) 2021 , Part 2.3, Division 5. Subdivision 37A Stairway pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 37A: Ins 2019 (621), Sch 6[10]. 2.74A Specified development The construction or installation of a stairway, or a series or flight of steps, is development specified for this code if it is not constructed or installed— (a) in a heritage item or a draft heritage item, or (b) on land identified in a foreshore area, or (c) on land identified as having Aboriginal cultural significance. cl 2.74A: Ins 2019 (621), Sch 6[10]. 2.74B Development standards The standards specified for that development are— (a) the development must be constructed adjacent to a balcony, deck, patio, pergola, terrace or verandah or be located so as to provide external access to a dwelling, and (b) no part of the stairway (excluding handrails) may be more than 1m above the ground level (existing), and (c) the development must be located at least 450mm from each lot boundary, and (d) the development must not interfere with the functioning of existing drainage fixtures or the natural surface flow of water, and (e) if it is located on bush fire prone land and is less than 5m from a dwelling—the development must be constructed of non-combustible material, and (f) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—the development must be located in the rear yard, and (g) the development must be constructed in accordance with AS 1657:2018 , Fixed platforms, walkways, stairways and ladders—Design, construction and installation . cl 2.74B: Ins 2019 (621), Sch 6[10]. Am 2021 (16), Sch 1[31]. Subdivision 37B Street library pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 37B (cll 2.74C, 2.74D): Ins 2019 (621), Sch 6[10]. 2.74C Specified development The construction or installation of a street library is development specified for this code if it is not constructed or installed— (a) on or in a heritage item or a draft heritage item, or (b) in a heritage conservation area or a draft heritage conservation area, or (c) on a road reserve (including footpath and nature strip). pt 2, div 1, sdiv 37B (cll 2.74C, 2.74D): Ins 2019 (621), Sch 6[10]. 2.74D Development standards The standards specified for that development are— (a) the development must be structurally sound and securely fixed with any moveable parts securely attached, and (b) the area of the ground surface occupied by the street library (as measured at the perimeter of the street library) must not exceed 1.5m 2 , and (c) the footings must not be more than 600mm below ground level (existing), and (d) the development must not obstruct the operation of, or access to, any utility services (including underground utility services) on the land or on adjacent land, and (e) the development must not be higher than 1.5m above ground level (existing). pt 2, div 1, sdiv 37B (cll 2.74C, 2.74D): Ins 2019 (621), Sch 6[10]. Subdivision 38 Subdivision of land pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 38, hdg: Subst 2025 (528), Sch 1[12]. pt 2, div 1, sdiv 38: Rep 2009 (74), Sch 1 [25]. Ins 2010 (656), Sch 1 [86] (am 2010 (754), Sch 3). 2.75 Specified development The subdivision of land, for the purpose only of any one or more of the following, is development specified for this code— (a) widening a public road, (b) a realignment of boundaries— (i) that is not carried out in relation to land on which a heritage item or draft heritage item is situated, and (ii) that will not create additional lots or increase the number of lots with a dwelling entitlement or increase the opportunity for additional dwellings, and (iii) that will not result in any lot that is smaller than the minimum size specified in an environmental planning instrument in relation to the land concerned (other than a lot that was already smaller than that minimum size), and (iv) that will not adversely affect the provision of existing services on a lot, and (v) that will not result in any increased fire risk to existing buildings, and (vi) if located in Zone RU1, RU2, RU3, RU4, RU6, C1, C2, C3 or C4—that will not result in more than a minor change in the area of any lot, and (vii) if located in any other zone—that will not result in a change in the area of any lot by more than 10%, (c) (d) rectifying an encroachment on a lot, (e) creating a public reserve, (f) excising from a lot land that is, or is intended to be, used for public purposes, including drainage purposes, rural fire brigade or other emergency service purposes or public toilets. cl 2.75: Rep 2009 (74), Sch 1 [25]. Ins 2010 (656), Sch 1 [86] (am 2010 (754), Sch 3). Am 2011 (99), Sch 1 [9]; 2013 (706), Sch 1 [88]; 2017 (270), Sch 1 [18]; 2024 (42), Sch 1.39[11]. 2.76 Development standards Note. (At the commencement of this clause no standards were specified.) cl 2.76: Rep 2009 (74), Sch 1 [25]. Ins 2010 (656), Sch 1 [86] (am 2010 (754), Sch 3). Subdivision 39 Sculptures and artworks pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 39: Subst 2013 (706), Sch 1 [89]. 2.77 Specified development The installation and display of any outdoor sculpture or other form of freestanding artwork is development specified for this code if it is not constructed or installed on or in a heritage item or draft heritage item, in a heritage conservation area or draft heritage conservation area or on land in a foreshore area. cl 2.77: Subst 2013 (706), Sch 1 [89]. 2.78 Development standards The standards specified for that development are that the development must— (a) be approved by the owner of the land on which it is installed or, if it is installed on a public road, be approved by the relevant roads authority (within the meaning of the Roads Act 1993 ), and (b) be structurally sound and securely fixed with any moveable parts securely attached, and (c) not give rise to any noise or other nuisance to any adjoining property, and (c1) not comprise or include masonry construction higher than 1m from ground level (existing), and (d) if installed on land in a residential zone—be not more than 3m in height and 3m in diameter, and (e) if installed on land in any other zone—be not more than 6m in height, and (f) if installed on land adjoining land in a residential zone—must be wholly located at least 3m from the boundary with that adjoining land. cl 2.78: Am 2009 (387), Sch 1 [72]. Subst 2013 (706), Sch 1 [89]. Am 2019 (291), cl 4 (1). Subdivision 39A 2.78A, 2.78B pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 39A (cll 2.78A, 2.78B): Ins 2010 (656), Sch 1 [87]. Rep 2013 (706), Sch 1 [90]. Subdivision 39B Tennis courts pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 39B: Ins 2010 (656), Sch 1 [87]. 2.78C Specified development The construction or installation of a tennis court is development specified for this code if it is— (a) constructed or installed on a lot with a size of at least 1ha in a rural zone or Zone R5, and (b) not constructed or installed on or in a heritage item, a draft heritage item, a heritage conservation area or a draft heritage conservation area or in an environmentally sensitive area. cl 2.78C: Ins 2010 (656), Sch 1 [87]. Am 2013 (706), Sch 1 [91]. 2.78D Development standards (1) The standards specified for that development are that the development must— (a) be for residential uses only and associated with a dwelling, and (b) be located behind the building line of any road frontage, and (c) not have lighting, and (d) not require cut or fill more than 600mm below or above ground level (existing), and (e) have a setback from a side or rear boundary of at least 5m. (2) There must not be more than 1 development per lot. cl 2.78D: Ins 2010 (656), Sch 1 [87]. Am 2013 (706), Sch 1 [35] [92]. Subdivision 39C Waste storage containers pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 39C (cll 2.78E, 2.78F): Ins 2010 (656), Sch 1 [87]. Subst 2013 (706), Sch 1 [93]. 2.78E Specified development The installation of a waste storage container in a public place (within the meaning of the Local Government Act 1993 ) is development specified for this code. pt 2, div 1, sdiv 39C (cll 2.78E, 2.78F): Ins 2010 (656), Sch 1 [87]. Subst 2013 (706), Sch 1 [93]. 2.78F Development standards The standards specified for that development are that the development must be located in accordance with an approval granted under the Local Government Act 1993 . pt 2, div 1, sdiv 39C (cll 2.78E, 2.78F): Ins 2010 (656), Sch 1 [87]. Subst 2013 (706), Sch 1 [93]. Subdivision 40 Water features and ponds pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. 2.79 Specified development The construction or installation of a water feature or pond is development specified for this code if it is not constructed or installed on or in a heritage item or a draft heritage item. cl 2.79: Am 2010 (656), Sch 1 [25]. 2.80 Development standards (1) The standards specified for that development are that the development must— (a) not have a water depth of more than 300mm, and (a1) not have a surface area of more than 10m 2 , and (b) if it is constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard. (2) Despite subclause 1(a), a pond sump may be placed in a water feature or pond below a water depth of 300mm if the sump is covered with a bolted or anchored grate that is capable of supporting a weight of 150kg. cl 2.80: Am 2009 (387), Sch 1 [73]; 2010 (656), Sch 1 [88]. Subdivision 40A Waterways structures—minor alterations pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. pt 2, div 1, sdiv 40A: Ins 2013 (706), Sch 1 [94]. 2.80A Specified development The following works to existing lawful boat sheds, jetties, marinas, pontoons, water recreation structures and wharf or boating facilities are development specified for this code if the works are not carried out on or in a heritage item or a draft heritage item— (a) the repair or replacement of the following— (i) decking on a boardwalk, gangway, ramp, jetty, landing, landing steps, pontoon or wharf or on any stairs, steps or skids, (ii) a handrail or ladder, (iii) non-load bearing members, (b) non-structural internal or external alterations to an existing lawful boat shed, including painting, plastering or cement rendering, (c) the installation of the following— (i) emergency items such as lifebuoys and any associated signage, (ii) lighting, (iii) service pedestals, (d) painting or other similarly applied surface treatment that is intended to protect a structure from corrosion or weathering. cl 2.80A: Ins 2013 (706), Sch 1 [94]. Am 2018 (505), Sch 1.3 [4]. 2.80B Development standards The standards specified for that development are that the development must— (a) if it is for the repair or replacement of non-load bearing members— (i) use members of like dimension to the members being repaired or replaced, and (ii) not modify the footprint for the structure concerned, and (iii) use materials that are equivalent to the quality of the existing approved materials being repaired or replaced, and (b) if it is for a non-structural internal or external alteration to a boat shed— (i) not affect the load bearing capacity of any component of the boat shed, and (ii) not involve the use of external combustible cladding, and (c) not result in a pile being left exposed within the waterway, and (d) if it relates to the surfaces of pontoons, ramps or jetties (including the tops of piles)—be untreated, or stained or painted in recessive colours sympathetic to the existing natural landscape and built form, unless otherwise required for safety reasons, and (e) if it is the installation of lighting— (i) be for the purpose of aiding pedestrian movement to, from and on the facility and be fixed to the existing structure at a height of no more than 1.5m above the surface used for pedestrian movement, and (ii) not exceed 15 lux (being a unit of measurement for illumination) measured at the area to which the lighting is directed, and (iii) be designed and located so as not to affect safe navigation or cause any nuisance to neighbours or users of the waterway, and (f) if it is the installation of service pedestals— (i) be attached to an existing structure and installed in accordance with the manufacturer’s specifications, and (ii) not be higher than 1.4m above the level of any wharf or deck on or near which it is located, and (iii) not exceed a width or depth of 300mm, and (g) if it is pollution control facilities, occupational health and safety measures and environmental management works— (i) satisfy any applicable legislative requirements relating to pollution control, and (ii) not be undertaken for the purpose of remediating contaminated land, and (h) not reduce the amount of light penetration to any water below, and (i) not increase the area of the existing footprint of any building, and (j) not change the classification of any building under the Building Code of Australia , and (k) not involve disturbance of, or injury to, the bed of any waterway or marine vegetation (within the meaning of the Fisheries Management Act 1994 ), and (l) not include a change to the fire resisting components of, or interfere with the entry to or exit from, or the fire safety measures contained within, any building, and (m) use recessive colours sympathetic to the existing natural landscape and built form, and (n) be consistent with the terms of any applicable development consent, and (o) if an approval is required under the Fisheries Management Act 1994 —be approved under that Act, and (p) if a licence is required under the Protection of the Environment Operations Act 1997 —be licensed under that Act. cl 2.80B: Ins 2013 (706), Sch 1 [94]. Am 2018 (505), Sch 1.3 [5]; 2019 No 1, Sch 2.31 [1]. Subdivision 41 Windmills pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. 2.81 Specified development The construction or installation of a windmill for purposes other than the generation of electricity is development specified for this code if it is constructed or installed on land in Zone RU1, RU2, RU3, RU4 or RU6. cl 2.81: Am 2010 (656), Sch 1 [89]. Subst 2013 (706), Sch 1 [95]. 2.82 Development standards The standards specified for that development are that the development must— (a) be free standing, and (a1) be located at least 20m from any road boundary and 5m from each other lot boundary, and (b) be designed by a professional engineer, and (c) be located at least 1m from any registered easement. Note. There are other existing legislative requirements relating to the clearance of power lines and Obstacle Limitation Surfaces near airport flight paths. cl 2.82: Am 2010 (656), Sch 1 [90] [91]; 2013 (706), Sch 1 [96]. pt 1, div 1, sdiv 42: Ins 2025 (528), Sch 1[13]. Subdivision 42 Bicycle storage pt 2, div 1, sdiv 20B, 20C: Ins 2021 (597), Sch 1. 2.82A Specified development (1) The construction or installation of a bicycle rack or bicycle locker is development specified for this code. (2) In this subdivision— bicycle locker means an enclosed lockable space designed to store 1 bicycle. bicycle rack means a device that is a stationary fixture for parking at least 1 bicycle and allows the bicycle frame or wheel to be locked to the device. cl 2.82A: Ins 2025 (528), Sch 1[13]. 2.82B Development standards—general The standards specified for development under this subdivision are that the development must— (a) be associated with existing development for the purposes of— (i) commercial premises, or (ii) industries, or (iii) residential accommodation, and (b) not be constructed or installed on or in a heritage item or a draft heritage item, and (c) not contravene a condition of a development consent or a complying development certificate that applies to the land, and (d) be within existing hardstand parking or storage areas of the premises, including a garage or basement, that are not steeper than 1:20 gradient, and (e) not obstruct vehicular or pedestrian circulation areas, including fire escapes, vehicular parking areas or access to services, utilities or other infrastructure, and (f) be designed to prevent motor vehicles encroaching, and Note— Barriers, such as bollards or fencing, may be used to prevent a car from driving or parking close to the storage. (g) if the development will be available for use by more than 1 user—include directional and identification signage, and (h) if the development is on land that is subject to the Strata Schemes Management Act 2015 or the Community Land Management Act 2021 —have the prior approval of the owners’ corporation or the community, precinct or neighbourhood association. cl 2.82B: Ins 2025 (528), Sch 1[13]. 2.82C Development standards—bicycle lockers The standards specified for development under this subdivision for the purposes of bicycle lockers are that the development must— (a) be single-level bicycle lockers only, and (b) provide for the upright storage of 1 bicycle, and (c) be located behind the building line of any road frontage, and (d) for each bicycle locker— (i) have a width of at least 1m, and (ii) have a depth of at least 2m, and (iii) have a height of at least 2m, and (iv) face a clear area with a width of at least 2m, and (v) have a door that opens outwards and is lockable. cl 2.82C: Ins 2025 (528), Sch 1[13]. 2.82D Development standards—bicycle racks The standards specified for development under this subdivision for the purposes of bicycle racks are that the development must— (a) for development in a heritage conservation area or a draft heritage conservation area—be located behind the building line of any road frontage, and (b) be floor mounted and not vertical or mechanised, and (c) be at least 1m from any other bicycle rack, bicycle locker, wall, fence or circulation area, and (d) if an access aisle is provided between bicycle racks—provide that the width of the aisle is at least 2.8m. cl 2.82D: Ins 2025 (528), Sch 1[13].