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

Industrial and Business Buildings Code pt 5A, hdg: Ins 2013 (706), Sch 1 [177]. Subst 2021 (777), Sch 2[1]. pt 5A: Ins 2013 (706), Sch 1 [177]. pt 5A, note 1: Ins 2017 (270), Sch 1 [47]. pt 5A, note 2 (previously Part 5A, note): Ins 2013 (706), Sch 1 [177]. Renumbered as note 2, 2017 (270), Sch 1 [47]. Division 1 General pt 5A, div 1: Ins 2013 (706), Sch 1 [177]. Subst 2021 (777), Sch 2[2]. 5A.1 Interpretation (1) In this Part— business zone means— (a) Zone E1, E2, E3, MU1, B1, B2, B3, B4, B5, B6, B7, B8, IN4, SP1, SP2, SP3, SP5 or W4, or (b) for land other than in the Albury local government area—Zone SP4 for Divisions 1 and 1A only. industrial zone means Zone E4, E5, IN1, IN2 or IN3. specified purpose —see clause 5A.2. (2) In this Part, a requirement in relation to a building is a development standard that must be met for development in relation to the building to be complying development under this code. cl 5A.1: Ins 2013 (706), Sch 1 [177]. Am 2017 (494), Sch 6.1 [14]. Subst 2021 (777), Sch 2[2]. Am 2022 (47), Sch 1[12]; 2022 (768), Sch 1[34] [35]; 2025 (528), Sch 1[24]. 5A.2 Meaning of “specified purpose” (1) For the purposes of this Part, each of the following is a specified purpose — (a) amusement centres, (b) boat building and repair facilities, (c) commercial premises, (d) community facilities, (e) depots, (f) entertainment facilities, (g) function centres, (h) health consulting rooms, (i) industries, (j) information and education facilities, (k1) local distribution premises, (k) medical centres, (l) recreational facilities (indoor), (m) storage premises, (n) vehicle body repair workshops, (o) vehicle repair stations, (p) veterinary hospitals, (q) warehouses or distribution centres, (r) waste or resource transfer stations. (2) However, for the purposes of this Part, each of the following is not a specified purpose — (a1) data centres, (a) funeral homes, (b) markets, (c) potentially hazardous industries, and potentially offensive industries, within the meaning of State Environmental Planning Policy No 33—Hazard and Offensive Development , (d) pubs, (e) registered clubs, (f) restricted premises, (g) retail premises that sell firearms within the meaning of the Firearms Act 1996 , (h) roadside stalls, (i) sex services premises, (j) small bars. cl 5A.2: Ins 2013 (706), Sch 1 [177]. Am 2018 (406), Sch 2.1 [5]; 2018 (488), Sch 2.1 [6]; 2021 (16), Sch 1[105] [106]. Subst 2021 (777), Sch 2[2]. Am 2022 (768), Sch 1[36]–[38]. 5A.3 Development specified for this code (1) Development for a specified purpose on land in an industrial zone or a business zone is development specified for this code. (2) Despite subclause (1), development involving the erection of a new building for a specified purpose is not development specified for this code on land in Zone E1, E2, MU1, B1, B2, B3, B4, B8, IN4, SP1, SP3, SP4, SP5 or W4. (3) Despite subclause (1), development for the purposes of waste or resource transfer stations is development specified for this code only if carried out by or on behalf of a public authority. cl 5A.3: Ins 2013 (706), Sch 1 [177]. Am 2021 (545), Sch 2[1]. Subst 2021 (777), Sch 2[2]. Am 2022 (768), Sch 1[39]; 2025 (528), Sch 1[25]. 5A.4 Development standards (1) The standards specified for the development are set out as follows— (a) Division 1A specifies development standards applicable to development for a specified purpose on land in an industrial zone or a business zone, (b) Division 2 specifies further development standards applicable only to development for a specified purpose on land in an industrial zone that involves the construction or alteration of, or addition to, a building, (c) Division 3 specifies further development standards applicable only to development for a specified purpose on land in a business zone that involves the construction or alteration of, or addition to, a building. (2) Divisions 2 and 3 do not apply to development involving internal alterations only, if the development does not increase the gross floor area of the building. cl 5A.4: Ins 2013 (706), Sch 1 [177]. Am 2021 (16), Sch 1[107]–[109]; 2021 (366), Sch 1[3]. Subst 2021 (777), Sch 2[2]. Am 2022 (768), Sch 1[40]. 5A.5 Complying development certificates A complying development certificate for development specified for this code— (a) must be issued subject to the conditions specified in Schedule 8, and (b) is taken to satisfy a requirement under this Policy for a permit, approval or development consent to remove or prune a tree or other vegetation on a lot if— (i) the tree is not listed on a register of significant trees kept by the council, and (ii) the tree or vegetation is within 3m of a building, and (iii) the tree or vegetation has a height that is less than 8m. cl 5A.5: Ins 2013 (706), Sch 1 [177]. Subst 2014 (453), Sch 1 [6]. Subst 2021 (777), Sch 2[2]. 5A.6 Change of use of premises (1) A change of use of premises to specified purposes may be complying development under this code even if the change of use is carried out on land referred to in clause 1.19(5). (2) A change of use of premises on the following land is not development specified for this code— (a) part of Lot 121, DP 876962 and part of Lot 101, DP 1043160, 5 Viscount Place, Warwick Farm, as shown coloured light purple on the Liverpool Local Environmental Plan 2008 Key Sites Map , (b) Lot 1021, DP 812335, 63 Mulgoa Road; Lot 1, DP 1043008, 73 Mulgoa Road; Lots 151 and 152, DP 863625, 83 and 109 Mulgoa Road; Lot 12 and part of Lot 13, DP 710086, 123–135 Mulgoa Road; Lot 1, DP 1064526, 1 Retreat Road in Penrith. cl 5A.6: Ins 2013 (706), Sch 1 [177]. Subst 2021 (777), Sch 2[2]. 5A.6A Certain development on Cockle Creek Smelter and Incitec site excluded from code The construction of a building for the purposes of warehouses or distribution centres, or industries, other than heavy industries or artisan food and drink industries, on land identified as “former Cockle Creek Smelter and Incitec site” on the Cockle Creek Smelter Land Map within the meaning of State Environmental Planning Policy No 55—Remediation of Land , is not development specified for this code. cl 5A.6A: Ins 2021 (777), Sch 2[2]. 5A.6AA Internal alterations Internal alterations to an existing building used for a specified purpose may be complying development under this code, even if the development is carried out on land referred to in clause 1.19(5). cl 5A.6AA: Ins 2022 (768), Sch 1[41]. Division 1A Development standards for both industrial and business zones pt 5A, div 1A, hdg (previously Part 5A, Div 4, heading): Ins 2013 (706), Sch 1 [177]. Subst 2021 (777), Sch 2[20]. Renumbered 2021 (777), Sch 2[30]. pt 5A, div 1A (previously Part 5A, Div 4): Ins 2013 (706), Sch 1 [177]. Renumbered 2021 (777), Sch 2[30]. 5A.6B Development standards—general (1) The development must not be carried out at premises that are a manufactured home, moveable dwelling or temporary structure. (2) If the development is on land to which a local environmental plan made under the Act, section 3.20 applies, the development must comply with the applicable standards specified under clause 5.4(4), (6), (7), (7AA) and (10) of the plan. (3) If the development is to be provided with water supply or sewerage services, or both, by a water utility, the applicant must obtain a notice or other form of written advice from the relevant water utility, or an entity authorised to do so by the utility, that specifies the works or other requirements to be completed as part of the development. (4) If the development is for the purposes of a manual collection point, the land on which the development is carried out must not contain underground storage tanks. (5) The development must not involve development of a kind referred to in the Environmental Planning and Assessment Regulation 2021 , section 163(1)(a), (e) or (f). (6) The development must not result in— (a) the erection of a building over a registered easement, or (b) the clearing of more than 1,000m 2 of native vegetation. (7) The development must not be a controlled activity within the meaning of the Airports Act 1996 of the Commonwealth, Part 12, Division 4. Note— Controlled activities include the construction or alteration of buildings or other structures that causes an intrusion into prescribed airspace, which is generally airspace around airports. Controlled activities cannot be carried out without an approval granted under regulations made for the purposes of the Airports Act 1996 of the Commonwealth, Part 12, Division 4. cl 5A.6B (previously cl 5A.23A): Ins 2021 (777), Sch 2[21]. Renumbered 2021 (777), Sch 2[30]. Am 2022 (47), Sch 1[13]; 2022 (768), Sch 1[42]. 5A.6C Miscellaneous development standards for particular specified purposes (1) Food and drink premises must— (a) comply with AS 4674—2004 , Design, construction and fit-out of food premises , and (b) have a maximum capacity of no more than 100 patrons, and (c) display a sign indicating the maximum capacity. (2) cl 5A.6C (previously cl 5A.23B): Ins 2021 (777), Sch 2[21]. Renumbered 2021 (777), Sch 2[30]. Am 2022 (768), Sch 1[43]. 5A.6D Maximum gross floor area for particular specified purposes (1) The maximum gross floor area for retail areas included in artisan food and drink industries is the lesser of the following— (a) the maximum gross floor area that applies under another environmental planning instrument, (b) 30% of the gross floor area of the building, (c) 400m 2 . (2) The maximum gross floor area for industrial retail outlets or ancillary office premises is the lesser of the following— (a) the maximum gross floor area that applies under another environmental planning instrument, (b) 30% of the gross floor area of the building, (c) 5,000m 2 . (3) The maximum gross floor area for goods repair and reuse premises is— (a) for a building on land in a business zone—500m 2 , and (b) for a building on land in an industrial zone—5,000m 2 . (4) The maximum gross floor area for each of the following is 1,000m 2 — (a) amusement centres, (b) creative industries, (c) entertainment facilities, (d) function centres, (e) recreational facilities (indoor). cl 5A.6D (previously cl 5A.23C): Ins 2021 (777), Sch 2[21]. Renumbered 2021 (777), Sch 2[30]. Am 2022 (47), Sch 1[14]. 5A.6E Bunding All areas for the storage and handling of chemicals, fuels and oils on-site must be designed with appropriate bunded areas that— (a) have impervious flooring, and (b) have sufficient capacity to contain 110% of the largest container stored within the bund, and (c) are designed in accordance with pages 40–44 of the document entitled Storing and Handling Liquids: Environmental Protections, Participants Manual published by the Department of Environment and Climate Change NSW in May 2007. cl 5A.6E (previously cl 5A.23D; previously cl 5A.14): Renumbered 2021 (777), Sch 2[22] [30]. 5A.6F Car parking and access (1) For a building with a gross floor area less than 500m 2 in Zone E1, E2, MU1, B1, B2, B3, B4, B8, IN4, SP1, SP3, SP4, SP5 or W4 that existed before 1 February 2022— (a) car parking must be provided in accordance with an existing condition relating to car parking that applies to the use of the land, or (b) if there is no existing condition relating to car parking—the development must not reduce the number of car parking spaces on the land on which the development is carried out. (1A) Otherwise, car parking must be provided— (a) in accordance with any relevant requirements contained in an environmental planning instrument or development control plan applying to the land, or (b) if there are no relevant requirements referred to in paragraph (a)—in accordance with the document entitled Guide to Traffic Generating Developments , Version 2.2, published by the Roads and Traffic Authority in October 2002. (1B) If a contribution in relation to car parking in compliance with a contributions plan under the Act, Division 7.1 is imposed as a condition of approval under the Environmental Planning and Assessment Regulation 2021 , section 156, the contribution may be made instead of complying with subclause (1) or (1A). (2) New car parking must be constructed to comply with the following standards— (a) AS/NZS 2890.1:2004 , Parking facilities, Part 1: Off-street car parking , (b) AS 2890.2:2018 , Parking facilities, Part 2: Off-street commercial vehicle facilities , (c) AS 2890.3:2015 , Parking facilities, Part 3: Bicycle parking , (d) AS/NZS 2890.6:2009 , Parking facilities, Part 6: Off-street parking for people with disabilities . (3) If car parking is in connection with a tertiary institution, the following additional development standards apply— (a) must not increase or reduce the number of car spaces currently approved for the land, (b) if the parking area is on grade, provide at least 1 tree with a mature height of at least 8m for every 6 cars. Note. Consent from the relevant roads authority may be required under section 138 of the Roads Act 1993 for the building of any kerb, crossover or driveway. See clause 1.18(1)(e). cl 5A.6F (previously cl 5A.24): Ins 2013 (706), Sch 1 [177]. Am 2014 (453), Sch 1 [11]; 2017 (494), Sch 6.1 [15]; 2018 (68), Sch 2 [1]; 2021 (16), Sch 1[104] [119]; 2021 (777), Sch 2[23]. Renumbered 2021 (777), Sch 2[30]. Am 2022 (768), Sch 1[44] [45]; 2025 (528), Sch 1[25]. 5A.6G Loading facilities and driveways (1A) This clause applies to development that— (a) provides a new loading bay or new driveway, or (b) involves alterations or additions specifically to an existing loading bay or driveway. (1) The loading facilities must be contained wholly within the lot on which the development is carried out. (2) Loading bays must— (a) be located behind the front building line of the building, and (b) not be located adjacent to residential accommodation. (3) Driveways within the lot on which the development is carried out must be designed so as to enable vehicles to leave the lot in a forward direction. (4) Ingress to and egress from the site, driveway widths, turning circles and the dimensions of all loading bays must be designed in accordance with— (a) 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 RMS Australian Standard Supplements, Australian Standard—AS2890, Parking Facilities, Parts 1–6 , and (b) the document entitled Guide to Traffic Generating Developments , Version 2.2, published by the Roads and Traffic Authority in October 2002. cl 5A.6G (previously cl 5A.25): Ins 2013 (706), Sch 1 [177]. Am 2021 (16), Sch 1[104]; 2021 (777), Sch 2[24] [25]. Renumbered 2021 (777), Sch 2[30]. Am 2022 (768), Sch 1[46]. 5A.6H Earthworks (1) Excavation The standards specified for excavation work are that the work must— (a) be structurally sound, and (b) if the land is identified as Class 3 or 4 on the Acid Sulfate Soils Map —not be more than 1m below ground level (existing), and (c) if the land is not identified as Class 3 or 4 on the Acid Sulfate Soils Map — (i) for a site area less than 10,000m 2 —not be more than 3m below ground level (existing), or (ii) for a site area equal to or more than 10,000m 2 —not be more than 6m below ground level (existing), and (d) be carried out at least 40m from any waterbody (natural), and (e) not result in a building being located over a registered easement, and (f) if it is on a lot adjacent to a rail corridor—be setback at least 3m from the corridor. (2) Fill The standards specified for fill are that the fill must— (a) not raise the ground level (existing) more than— (i) for a site area less than 10,000m 2 —2m, or (ii) for a site area equal to or more than 10,000m 2 —6m, and (b) be structurally sound, and (c) be located at least 40m from any waterbody (natural). (3) Structural supports Earthworks that are more than 1m above or below ground level (existing) are structurally sound only if they have structural support that— (a) a professional engineer has certified as structurally sound, including in relation to (but not limited to) the ability to withstand the forces of lateral soil load, and (b) has adequate drainage lines connected to an existing stormwater drainage system for the site, and (c) does not redirect the flow of any water or cause sediment to be transported onto an adjoining property, and (d) is not higher than— (i) for a site area less than 10,000m 2 —3m, or (ii) for a site area equal to or more than 10,000m 2 —7m, and (e) is separated from any other structural support on the site by at least 2m, measured horizontally, and (f) is not located over a registered easement. cl 5A.6H (previously cl 5A.27): Ins 2013 (706), Sch 1 [177]. Subst 2017 (270), Sch 1 [48]. Am 2021 (777), Sch 2[26]–[28]. Renumbered 2021 (777), Sch 2[30]. 5A.6I Drainage (1) All stormwater drainage collected as a result of the development must be conveyed by a gravity fed or charged system to— (a) a public drainage system, or (b) an inter-allotment drainage system, or (c) an on-site disposal system. (2) All stormwater drainage systems within a lot, and the connection to a public or an inter-allotment drainage system, must— (a) if an approval is required under section 68 of the Local Government Act 1993 —be approved under that Act, or (b) if an approval is not required under section 68 of the Local Government Act 1993 —comply with any requirements for the disposal of stormwater drainage contained in a development control plan that is applicable to the land. cl 5A.6I (previously cl 5A.28): Ins 2013 (706), Sch 1 [177]. Renumbered 2021 (777), Sch 2[30]. 5A.6J Development standards for bush fire prone land (1) This clause applies— (a) to the construction or alteration of, or additions to, a building on a lot that is wholly or partly bush fire prone land, and (b) in addition to all other development standards specified for this code. Note. See clause 1.19A for additional provisions relating to bush fire prone land. (2) The development may be carried out on the lot only if— (a) the development conforms to the specifications and requirements of Planning for Bush Fire Protection that are relevant to the development, and (b) (c) the lot has direct access to a public road or a road vested in or maintained by the council, and (d) a reticulated water supply is connected to the lot, and (e) a fire hydrant is located less than 70m from the location on the lot of the proposed development, and (f) mains electricity is connected to the lot, and (g) reticulated or bottled gas on the lot is installed and maintained in accordance with AS/NZS 1596:2014 , The storage and handling of LP Gas and the requirements of relevant authorities (such as the requirement that metal piping be used), and (h) any gas cylinders on the lot that are within 10m of a dwelling— (i) have their release valves directed away from the dwelling, and (ii) are enclosed on the hazard side of the installation, and (iii) have metal connections to and from the cylinders, and (i) there are no polymer sheathed flexible gas supply lines to gas meters adjacent to any dwelling on the lot or an adjoining lot. Note. The requirements relating to the construction of buildings in bush fire prone areas set out in the Building Code of Australia also apply. (3) cl 5A.6J (previously cl 5A.29): Ins 2013 (706), Sch 1 [177]. Am 2018 (68), Sch 2 [1]; 2020 (69), Sch 2.3[5] [7] [9] [13] [22] [23]; 2021 (777), Sch 2[29]. Renumbered 2021 (777), Sch 2[30]. 5A.6K Complying development on flood control lots (1) Development under this code must not be carried out on any part of a flood control lot, other than a part of the lot that the council or a professional engineer who specialises in hydraulic engineering has certified, for the purposes of the issue of the complying development certificate, as not being any of the following— (a) a flood storage area, (b) a floodway, (c) a flow path, (d) a high hazard area, (e) a high risk area. (2) Development that is carried out under this code on any part of a flood control lot must meet the following requirements— (a) if there is a minimum floor level adopted in a development control plan by the relevant council for the lot, the development must not cause any habitable room in the dwelling house to have a floor level lower than that floor level, (b) any part of the building that is erected at or below the flood planning level is constructed of flood compatible material, (c) any part of the building that is erected is able to withstand the forces exerted during a flood by water, debris and buoyancy up to the flood planning level (or if an on-site refuge is provided on the lot, the probable maximum flood level), (d) the development must not result in increased flooding elsewhere in the floodplain, (e) the lot must have pedestrian and vehicular access to a readily accessible refuge at a level equal to or higher than the lowest habitable floor level of the building, (f) vehicular access to the building will not be inundated by water to a level of more than 0.3m during a 1:100 ARI (average recurrent interval) flood event, (g) the lot must not have any open car parking spaces or carports lower than the level of a 1:20 ARI (average recurrent interval) flood event. (3) The requirements under subclause (2)(c) and (d) are satisfied if a joint report by a professional engineer specialising in hydraulic engineering and a professional engineer specialising in civil engineering states that the requirements are satisfied. (4) A word or expression used in this clause has the same meaning as it has in the Flood Risk Management Manual , unless it is otherwise defined in this Policy. (5) Note. A section 10.7 certificate from a Council will state whether or not a lot is a flood control lot. cl 5A.6K (previously cl 5A.30): Ins 2013 (706), Sch 1 [177]. Subst 2017 (270), Sch 1 [49]. Am 2018 (68), Sch 2 [1]. Renumbered 2021 (777), Sch 2[30]. Am 2022 (47), Sch 1[9] [10]; 2023 (609), Sch 2.17[2] [7]. 5A.6L Development standards for land near Siding Spring Observatory (1) This clause applies— (a) to all external lighting associated with development under this Part in the local government areas of Coonamble, Gilgandra, Warrumbungle Shire and Dubbo Regional, and (b) in addition to all other development standards specified for this code. (2) The development must— (a) be installed or constructed using a shielded light fitting, and (b) be downward facing, and (c) for each site—not exceed 50,000 lumens, and (d) for each individual light—not exceed a maximum colour temperature of 3,500 kelvin. (3) In this clause— shielded light fitting means a light fitting that does not allow light to shine above the horizontal plane. cl 5A.6L (previously cl 5A.30A): Ins 2017 (270), Sch 1 [49]. Renumbered 2021 (777), Sch 2[30]. Am 2023 (79), Sch 1[2]. 5A.6M Development standard for development involving awnings (1) This clause applies to development to which this code applies that— (a) includes the construction or installation of an awning, or (b) includes the replacement or alteration of, or otherwise affects, an existing awning, or (c) is carried out under an existing awning. (2) The awning must— (a) comply with the requirements set out in the Building Code of Australia , Volume 1, B1P1 and B1P2, and (b) be structurally sound. cl 5A.6M (previously cl 5A.30B): Ins 2019 (621), Sch 6[42]. Renumbered 2021 (777), Sch 2[30]. Am 2023 (83), Sch 2.2[4]. 5A.6N Garbage and waste storage (1) This clause applies to development to which this code applies that involves the erection of a building, if the building does not have an existing garbage and waste storage area. (2) A garbage and waste storage area must be provided as part of the development. (3) The garbage and waste storage area must— (a) be screened, and (b) be located behind the primary road frontage building line, and (c) not be located in car parking, loading bay or landscaped area, and (d) not be located on a side of the building that faces an adjoining lot on which there is a dwelling, and (e) comply with the following appendices in the document entitled Better Practice Guidelines for Waste Management and Recycling in Commercial and Industrial Facilities , ISBN 978-1-74293-944-5 , published by the NSW Environment Protection Authority in December 2012— (i) appendices A and B, for the size and location of garbage and storage areas and the size of waste receptacles, (ii) appendices C and D, for the design of openings of waste storage areas and loading bay turning circles for waste removal vehicles, (iii) appendix E, for standard signs for waste storage areas, (iv) appendix F, for the design and operational capacity of waste storage areas. cl 5A.6N: Ins 2022 (768), Sch 1[47]. Division 2 Development standards for industrial zones only pt 5A, div 2, hdg: Ins 2013 (706), Sch 1 [177]. Subst 2021 (777), Sch 2[3]. pt 5A, div 2: Ins 2013 (706), Sch 1 [177]. pt 5A, div 2, note: Rep 2021 (777), Sch 2[3]. Subdivision 1 Site requirements pt 5A, div 2, sdiv 1: Ins 2013 (706), Sch 1 [177]. Subst 2021 (777), Sch 2[4]. 5A.7 Maximum gross floor area The maximum gross floor area for a building is 50,000m 2 . cl 5A.7: Ins 2013 (706), Sch 1 [177]. Subst 2021 (777), Sch 2[4]. 5A.8 Maximum floor space ratio The maximum floor space ratio for a building is— (a) the maximum floor space ratio that applies under another environmental planning instrument, or (b) if there is no maximum floor space ratio referred to in paragraph (a)—1:1. cl 5A.8: Ins 2013 (706), Sch 1 [177]. Subst 2021 (777), Sch 2[4]. Subdivisions 2, 3 pt 5A, div 2, sdiv 2: Ins 2013 (706), Sch 1 [177]. Rep 2021 (777), Sch 2[4]. pt 5A, div 2, sdiv 3: Ins 2013 (706), Sch 1 [177]. Rep 2021 (777), Sch 2[4]. Subdivision 4 Building heights and setbacks pt 5A, div 2, sdiv 4: Ins 2013 (706), Sch 1 [177]. 5A.9 Maximum building height The maximum building height for a building is the greater of the following— (a) the maximum building height that applies under another environmental planning instrument, (b) 18m. cl 5A.9: Ins 2013 (706), Sch 1 [177]. Subst 2021 (777), Sch 2[5]. 5A.10 Setbacks of development from roads (1) If the development has a boundary with a classified road, the building must have a setback from the boundary with the classified road of— (a) at least 10m, or (b) if a greater setback is applicable in those circumstances under another environmental planning instrument applying to the land on which the building is erected—at least the setback specified in that instrument. (2) If the development has a boundary with a primary road that is not a classified road, the building must have a setback from that boundary of— (a) the average distance of the setbacks of the nearest 2 buildings that— (i) have a boundary with the same road, and (ii) are located within 40m of the lot on which the building is erected, or (iii) (b) at least 10m, whichever is the lesser. (3) If the development is on a lot that has a boundary with a parallel road that is not a classified road, the building must have a setback from the boundary with the parallel road determined in accordance with subclause (2). (4) If the development is located on a corner lot, the building must have a setback from the boundary of the secondary road of at least 3m if the secondary road is not a classified road. (4A) If the development is on a lot that is subject to a proposed road widening under a local environmental plan, the building must have a setback from the boundary with the road, after acquisition for the road widening, of at least— (a) if the road widening is for a local road—10m, or (b) if the road widening is for a classified road widening, a future classified road widening or a local road future classified road—4.5m. (5) Despite subclauses (1)–(4A), an addition or alteration to an existing building may have a setback from the boundary of any road that is not a classified road at the same distance as the setback of the existing building from that boundary. (6) Despite subclauses (1)–(4A), the requirements of this clause do not apply to the existing parts of a building. (7) Despite subclauses (1)–(6), if a setback is specified in a development control plan applying to the lot on which the development is located, the building must have the setback specified in the development control plan. cl 5A.10: Ins 2013 (706), Sch 1 [177]. Am 2014 (453), Sch 1 [7] [8]; 2021 (16), Sch 1[110] [111]; 2021 (777), Sch 2[6] [7]. 5A.11 Setbacks of development from side and rear boundaries (1) If the development is a new building, or the alteration of or an addition to an existing building, on land that adjoins a lot in a residential zone, the building must have a setback from the boundary of the adjoining lot of— (a) for a building with a gross floor area of not more than 1,000m 2 —at least 3m, plus an additional metre for every whole metre by which the building exceeds 4.5m in height above ground level (existing), or (b) for a building with a gross floor area of more than 1,000m 2 but not more than 5,000m 2 —at least 5m, plus an additional metre for every whole metre by which the building exceeds 4.5m in height above ground level (existing), or (c) for a building with a gross floor area of more than 5,000m 2 but not more than 10,000m 2 —at least 20m, plus an additional metre for every whole metre by which the building exceeds 4.5m in height above ground level (existing), or (d) for a building with a gross floor area of more than 10,000m 2 but not more than 50,000m 2 —at least 50m, with a maximum building height of the greater of the following— (i) the maximum building height that applies under another environmental planning instrument, (i) 18m above ground level (existing). (2) If the development is a new building, or the alteration of or an addition to an existing building, on a lot that adjoins a public reserve, the building must have a setback from the boundary with the public reserve of at least 3m and the area of that setback must be a landscaped area. (3) If the development is a new building, or the alteration of or an addition to an existing building, on a lot that adjoins an environmentally sensitive area, the building must have a setback from the boundary with that environmentally sensitive area of at least 10m and an area of at least 3m in width of that setback must be a landscaped area. (4) Despite the other provisions of this clause, the requirements of this clause do not apply to the existing parts of a building that are not being altered or added to. (5) If the development is carried out on a lot that has a boundary with a railway corridor, the new building or addition and any ancillary development must be located at least 3m from that boundary. cl 5A.11: Ins 2013 (706), Sch 1 [177]. Am 2014 (453), Sch 1 [9] [10]; 2021 (777), Sch 2[8]. Subdivision 5 Building and site design requirements pt 5A, div 2, sdiv 5: Ins 2013 (706), Sch 1 [177]. 5A.12 Front facade material finishes for new buildings (1) A new building must— (a) as part of a facade that faces a primary road— have a door or window, and (b) as part of the facade of the front of the building— (i) have a front door, or (ii) have an entry with an awning or portico, or (iii) be distinguished by the use of different building materials. (2) (3) Sun shading devices, screens or canopies must be provided for each glazed wall or window in a new building if the glazed wall or window faces in a direction that is between north and east or north and west. (4) All glazing in a new building must be of low reflective glass. cl 5A.12: Ins 2013 (706), Sch 1 [177]. Am 2021 (16), Sch 1[112] [113]; 2021 (777), Sch 2[9]. 5A.13 Building elements within the articulation zone for new buildings (1) The following building elements are permitted within an articulation zone for a new building— (a) an entry feature or portico, (b) an awning or canopy over a door or window. (2) A building element within the articulation zone of a new building— (a) must not reduce the required landscape area, car parking spaces or driveway, and (b) may extend 2m into the minimum required front setback, but must not be more than 25% of the width of the front facade of the building, and (c) must not be more than the maximum height of the building. cl 5A.13: Ins 2013 (706), Sch 1 [177]. Am 2021 (777), Sch 2[9]. 5A.14 (Renumbered as cl 5A.23D) cl 5A.14: Ins 2013 (706), Sch 1 [177]. Renumbered as cl 5A.23D, 2021 (777), Sch 2[22]. 5A.15 Caretakers’ flats (1) If the development includes development for the purposes of an ancillary caretaker’s flat, the flat must— (a) for development that is— (i) the construction of a new building—form part of the new building, or (ii) the alteration of or addition to an existing building—be an addition to the existing building, and (b) comply with the relevant requirements contained in Volume 1 of the Building Code of Australia that are applicable to a Class 4 building, and (c) have a floor area not exceeding 100m 2 . (2) The development must not include more than one caretaker’s flat per lot. cl 5A.15: Ins 2013 (706), Sch 1 [177]. 5A.16 Landscaped area (1) A landscaped area complying with the following specifications must be provided along each boundary of a lot on which the development is carried out with any adjoining road (except in areas necessary for vehicle and pedestrian access)— (a) at least 3m in width or, if the setback from the road boundary is less than 3m, the width of the setback, and (b) with a soil depth of at least 1m, and (c) if the width of a lot is more than 10m at the primary street frontage—with a species of trees planted at 3m intervals along that frontage that are capable of achieving a height of at least 8m at maturity and at least 2m within 2 years of the occupation of the development. (2) If the development adjoins a residential zone, the setback area referred to in clause 5A.11(1) must have in it a landscaped area, adjacent to the boundary with that zone, that is— (a) for a building with a gross floor area of more than 1,000m 2 but not more than 5,000m 2 —at least 3m wide in that setback, and (b) for a building with a gross floor area of more than 5,000m 2 but not more than 10,000m 2 —at least 5m wide in that setback, and (c) for a building with a gross floor area of more than 10,000m 2 but not more than 50,000m 2 —at least 10m wide in that setback. (3) The landscaped area required under subclause (2) must have trees and shrubs planted evenly across its length and width with, for every 3m 2 of the area— (a) 1 tree of a species capable of achieving a height of at least 8m at maturity and at least 2m within 2 years of the occupation of the development, and (b) 1 shrub of a species capable of achieving a height of at least 2m within 5 years of the occupation of the development and no more than 5m at maturity. (4) This clause does not apply to development that is the alteration of, or addition to, an existing building if the development does not— (a) increase the footprint of the building, or (b) decrease the landscaped area on the lot. cl 5A.16: Ins 2013 (706), Sch 1 [177]. Am 2021 (16), Sch 1[114] [115]; 2021 (777), Sch 2[10]. Division 3 Development standards for business zones only pt 5A, div 3, hdg: Ins 2013 (706), Sch 1 [177]. Subst 2021 (777), Sch 2[11]. pt 5A, div 3, note: Ins 2013 (706), Sch 1 [177]. Rep 2021 (777), Sch 2[11]. Subdivision 1 5A.17 pt 5A, div 3, sdiv 1: Ins 2013 (706), Sch 1 [177]. Rep 2021 (777), Sch 2[12]. cl 5A.17: Ins 2013 (706), Sch 1 [177]. Rep 2021 (777), Sch 2[12]. Subdivision 2 General pt 5A, div 3, sdiv 2: Ins 2013 (706), Sch 1 [177]. 5A.18 General standards (1) The standards specified for development under this Division are that— (a) if the development is an alteration of, or addition to, a building on land in Zone E1, E2, MU1, B1, B2, B3, B4, B8, IN4, SP1, SP3, SP5 or W4—the development must be behind the front building line of the building, and (b) if the development involves the erection of a building in Zone E3, B5, B6 or B7—the design of the development must be consistent with the relevant design criteria set out in the Business Zone Design Guide , published by the Department of Planning, Industry and Environment in December 2021 and available on the NSW planning portal. (c), (d) (e) any new facade created by the development that faces any street must have a surface comprised of not more than 50% glazed materials which must be low reflective glass. (2) Despite subclause (1)(b), the requirements of this Part prevail to the extent that the Business Zone Design Guide is inconsistent with this Part. cl 5A.18: Ins 2013 (706), Sch 1 [177]. Am 2018 (68), Sch 2 [1]; 2021 (16), Sch 1[116]; 2021 (777), Sch 2[13] [14]; 2022 (768), Sch 1[48]–[50]. Subdivision 3 Site requirements pt 5A, div 3, sdiv 3: Ins 2013 (706), Sch 1 [177]. Subst 2021 (777), Sch 2[15]. 5A.19 Maximum gross floor area (1) The maximum gross floor area for additions to a building on land in Zone E1, E2, MU1, B1, B2, B3, B4, B8, IN4, SP1, SP3, SP5 or W4 is the lesser of the following— (a) 50% of the gross floor area of the building, (b) if the building— (i) is used as retail premises—1,000m 2 , or (ii) is not used as retail premises—2,500m 2 . (2) The maximum gross floor area for a building on land in Zone E3, B5, B6 or B7 is 10,000m 2 . (3) Despite subclause (2), the maximum gross floor area for a building resulting from development on land to which the Sydney Local Environmental Plan 2012 , clause 7.32 applies and used for the purposes of specialised retail premises or vehicle sales or hire premises is 1000m 2 . cl 5A.19: Ins 2013 (706), Sch 1 [177]. Subst 2021 (777), Sch 2[15]. Am 2022 (47), Sch 1[15]; 2022 (768), Sch 1[51]–[53]; 2023 (188), Sch 1.5. 5A.20 Maximum floor space ratio The maximum floor space ratio for a building is— (a) the maximum floor space ratio that applies under another environmental planning instrument, or (b) if there is no maximum floor space ratio referred to in paragraph (a)—1:1. cl 5A.20: Ins 2013 (706), Sch 1 [177]. Subst 2021 (777), Sch 2[15]. 5A.20A Landscaped area Development must comply with landscaping requirements contained in a development control plan that applies to the development. cl 5A.20A: Ins 2021 (16), Sch 1[117]. Subst 2021 (777), Sch 2[15]. 5A.20B Site coverage and landscaped areas (1) Development on land in Zone E3, B5, B6 or B7 must meet the requirements in this clause relating to— (a) site coverage, and (b) landscaped areas. (2) The percentage of an infill lot that must be open space is as follows— (a) for a building of 1 storey—at least 50%, (b) for a building of 2 storeys—at least 45%, (c) for a building of 3 storeys—at least 40%, (d) for a building of 4 storeys—at least 35%, (e) for a building of 5 storeys—at least 30%. (3) At least 50% of the open space of an infill lot must be landscaped area. (4) For a building of 1 storey on a freestanding lot— (a) at least 60% of the lot must be open space, and (b) at least 25% of the open space must be landscaped area. (5) For a building of 2 storeys on a freestanding lot— (a) at least 65% of the lot must be open space, and (b) at least 30% of the open space must be landscaped area. (6) For a building of 3 storeys on a freestanding lot— (a) at least 65% of the lot must be open space, and (b) at least 35% of the open space must be landscaped area. (7) For a building of 4 storeys on a freestanding lot— (a) at least 70% of the lot must be open space, and (b) at least 40% of the open space must be landscaped area. (8) For a building of 5 storeys on a freestanding lot— (a) at least 70% of the lot must be open space, and (b) at least 45% of the open space must be landscaped area. (8A) If there is more than 1 building on a lot, the number of storeys for the purposes of this clause must be determined in accordance with the Business Zone Design Guide dated December 2021 and published on the NSW planning portal. (9) In this clause— freestanding lot means a lot whose total nearby side setback distance is at least 15% of the lot’s total nearby lot width. infill lot means a lot that is not a freestanding lot. open space means the part of a lot not covered by buildings. total nearby lot width , in relation to a lot, means the sum of the widths, measured at the lots’ boundary with the adjoining road reserve, of— (a) the lot, and (b) the 5 lots, excluding vacant lots, to both sides of the lot. total nearby side setback distance , in relation to a lot, means the sum of the side setbacks of— (a) the 5 lots, excluding vacant lots, to both sides of the lot, or (b) if the 5 lots, excluding vacant lots, to the side of the lot are not all in the same zone as the lot—all lots until the zone boundary, excluding vacant lots, to the side of the lot that are in the same zone. cl 5A.20B: Ins 2021 (777), Sch 2[15]. Am 2022 (47), Sch 1[16] [17]; 2022 (768), Sch 1[54]. Subdivision 4 Building heights and setbacks pt 5A, div 3, sdiv 4: Ins 2013 (706), Sch 1 [177]. 5A.21 Maximum height (1) If there is a dwelling on an adjoining lot, the maximum building height for a building is 8.5m. (1A) If there is not a dwelling on an adjoining lot, the maximum building height for a building is the lesser of the following— (a) the maximum building height that applies under another environmental planning instrument, (b) 21m. (2) The maximum height of any ancillary development must not be more than 5m. cl 5A.21: Ins 2013 (706), Sch 1 [177]. Am 2021 (777), Sch 2[16] [17]. 5A.22 Setbacks (1) The minimum building setback for a building from a boundary with a parallel road that is a classified road is— (a) the minimum building setback that applies under another environmental planning instrument, or (b) if there is no minimum building setback referred to in paragraph (a)—3m. (2) The minimum building setback for a building on land subject to a proposed road widening under a local environmental plan is— (a) if the road widening is for a local road—10m, or (b) if the road widening is for a classified road widening, a future classified road widening or a local road future classified road—3m. (3) The minimum building setback from an adjoining lot used as residential accommodation within 3m of the land on which a building is erected is— (a) for a part of the building that is not more than 3m in height above ground level (existing)—1.5m, (b) for a part of the building that is more than 3m, but not more than 6m, in height above ground level (existing)—3m, (c) for a part of the building that is more than 6m in height above ground level (existing)—4.5m. (4) Subclause (3)(a) does not apply if there is no residential accommodation on the ground floor facing the building. (5) The minimum building setback of a building from a railway corridor is 2m. (6) The requirements of this clause do not apply to a part of a building that is not being altered or added to. cl 5A.22: Ins 2013 (706), Sch 1 [177]. Subst 2021 (777), Sch 2[18]. 5A.23 Privacy A window in a building must have a privacy screen for any part of the window that is less than 1.5m above finished floor level if— (a) the window faces a building used for residential accommodation on an adjoining lot, and (b) the wall in which the window is located has a setback of less than 6m from the boundary of that adjoining lot. cl 5A.23: Ins 2013 (706), Sch 1 [177]. Am 2021 (16), Sch 1[118]; 2021 (777), Sch 2[19]. Division 4 5A.23A–5A.25 and 5A.27–5A.30B (Renumbered as Division 1A (clauses 5A.6B–5A.6M); clause 5A.26 renumbered as Schedule 8, clause 24B) pt 5A, div 4, hdg: Ins 2013 (706), Sch 1 [177]. Subst 2021 (777), Sch 2[20]. Renumbered as Part 5A, Div 1A, 2021 (777), Sch 2[30]. pt 5A, div 4: Ins 2013 (706), Sch 1 [177]. Renumbered as Part 5A, Div 1A, 2021 (777), Sch 2[30]. cl 5A.23A: Ins 2021 (777), Sch 2[21]. Renumbered as cl 5A.6B, 2021 (777), Sch 2[30]. cl 5A.23B: Ins 2021 (777), Sch 2[21]. Renumbered as cl 5A.6C, 2021 (777), Sch 2[30]. cl 5A.23C: Ins 2021 (777), Sch 2[21]. Renumbered as cl 5A.6D, 2021 (777), Sch 2[30]. cl 5A.23D (previously cl 5A.14): Renumbered 2021 (777), Sch 2[22]. Renumbered as cl 5A.6E, 2021 (777), Sch 2[30]. cl 5A.24: Ins 2013 (706), Sch 1 [177]. Am 2014 (453), Sch 1 [11]; 2017 (494), Sch 6.1 [15]; 2018 (68), Sch 2 [1]; 2021 (16), Sch 1[104] [119]; 2021 (777), Sch 2[23]. Renumbered as cl 5A.6F, 2021 (777), Sch 2[30]. cl 5A.25: Ins 2013 (706), Sch 1 [177]. Am 2021 (16), Sch 1[104]; 2021 (777), Sch 2[24] [25]. Renumbered as cl 5A.6G, 2021 (777), Sch 2[30]. cl 5A.26: Ins 2013 (706), Sch 1 [177]. Renumbered as Sch 8, cl 24B, 2021 (777), Sch 1[28]. cl 5A.27: Ins 2013 (706), Sch 1 [177]. Subst 2017 (270), Sch 1 [48]. Am 2021 (777), Sch 2[26]–[28]. Renumbered as cl 5A.6H, 2021 (777), Sch 2[30]. cl 5A.28: Ins 2013 (706), Sch 1 [177]. Renumbered as cl 5A.6I, 2021 (777), Sch 2[30]. cl 5A.29: Ins 2013 (706), Sch 1 [177]. Am 2018 (68), Sch 2 [1]; 2020 (69), Sch 2.3[5] [7] [9] [13] [22] [23]; 2021 (777), Sch 2[29]. Renumbered as cl 5A.6J, 2021 (777), Sch 2[30]. cl 5A.30: Ins 2013 (706), Sch 1 [177]. Subst 2017 (270), Sch 1 [49]. Am 2018 (68), Sch 2 [1]. Renumbered as cl 5A.6K, 2021 (777), Sch 2[30]. cl 5A.30A: Ins 2017 (270), Sch 1 [49]. Renumbered as cl 5A.6L, 2021 (777), Sch 2[30]. cl 5A.30B: Ins 2019 (621), Sch 6[42]. Renumbered as cl 5A.6M, 2021 (777), Sch 2[30]. Division 5 5A.31 pt 5A, div 5: Ins 2013 (706), Sch 1 [177]. Rep 2021 (777), Sch 2[31]. cl 5A.31: Ins 2013 (706), Sch 1 [177]. Rep 2021 (777), Sch 2[31].