Changes commencing September 26th, 2025
Comparing the consolidation as at August 29th, 2025 with September 26th, 2025 · 65 changes
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,
Based on content from the New South Wales Legislation website sourced at 2025-09-26. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au.
This is an unofficial reproduction provided for convenience. It is not the official version of the legislation. For the official, in-force version, see legislation.nsw.gov.au.
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].