Schedule 7
Schedule 7 Complying development in universities and TAFEs—Chapter 3
Complying development in universities and TAFEs—Chapter 3
sch 7, hdg: Subst 2022 (248), Sch 1[8]. 1 Definitions (1) A word or expression used in this Schedule has the same meaning as it has in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 unless it is otherwise defined in this Schedule. (2) In this Schedule— ground level (finished) means, for any point on a site, the ground surface after completion of any earthworks (excluding any excavation for a basement, footings or the like) for which consent has been granted or that is exempt development. ground level (mean) means, for any site on which a building is situated or proposed, one half of the sum of the highest and lowest levels at ground level (finished) of the outer surface of the external walls of the building. 2 Building height The building height of a building (whether a new building, or an existing building asa result of an addition or alteration) must not exceed 15m from ground level (mean). 3 Maximum gross floor area (1) The maximum gross floor area of a new building is— (a) the maximum gross floor area for a building on the land, imposed by an environmental planning instrument, or (b) if no environmental planning instrument imposes a development standard referred to in paragraph (a)—2,000m 2 . (2) If the development is an alteration or addition to an existing building, the maximum gross floor area of the building as altered or added to is— (a) the maximum gross floor area for a building on the land, imposed by an environmental planning instrument, or (b) if no environmental planning instrument imposes a development standard referred to in paragraph (a)—the lesser of— (i) 2,000m 2 , or (ii) 50% of the gross floor area of the existing building. 4 Side and rear setback (1) A new building must be located at least 5m from any side or rear property boundary with land in a residential or conservation zone or at least 1m from any side or rear property boundary with land in any other zone. (2) Alterations or additions to an existing building must not— (a) if the existing setback is less than 5m from a side or rear boundary— result in any decrease in the existing set back of the building from that boundary, or (b) if the existing setback is 5m or more from a side or rear boundary—result in the building being located less than 5m from any side or rear property boundary with land in a residential or conservation zone or less than 1m from any side or rear property boundary with land in any other zone. 5 Front setback (1) A new building must have a front setback— (a) that is not less than the average distance of the front setbacks of all existing development that is located within 70m of the building, or (b) if there is no development located within 70m of the building—of at least 5m. (2) Alterations or additions to an existing building must not result in the building having a front setback— (a) that is less than the average distance of the front setbacks of all existing development that is located within 70m of the building, or (b) if there is no development located within 70m of the building—of less than 5m. 6 Design and materials A new building or an alteration or addition to an existing building must comply with the following— (a) any new external walls or roof of the building must be constructed of non-reflective material, (b) any external walls of the building that face a public road or reserve must contain windows. 7 Noise A new building or (if the development is an alteration or addition to an existing building for the purpose of changing its use) an existing building that is to be used for the purpose of a recreation facility (indoor) or a community facility must— (a) if the building adjoins land used for residential accommodation—be located at least 20m from any boundary of the land, and (b) be designed so as not to emit noise exceeding an LAeq of 5 dB(A) above background noise when measured at the boundary of the neighbouring property to the university or TAFE establishment. 8 Overshadowing A new building or an alteration or addition to an existing building must not overshadow any adjoining residential accommodation so that solar access to any habitable room or principal private open space on the adjoining property— (a) is reduced to less than 3 hours of solar access between 9:00 am and 3:00 pm at the winter solstice, or (b) is reduced in any manner if solar access to any habitable room on the adjoining property is already less than 3 hours. 9 Privacy A window in a new building, or a new window in any alteration or addition to an existing 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 finished floor level is more than 1.5m above ground level (mean), and (b) the window faces a building used for residential accommodation on an adjoining lot, and (c) the wall in which the window is located has a setback of less than 10m from the boundary of that adjoining lot. 10 Landscape Landscaping must be provided for a new building constructed adjacent to the boundary of land in Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential or Zone R4 High Density Residential, as follows— (a) the landscaped area located along the part of the common boundary adjacent to the new building must be 3m wide, (b) the landscaped area must contain trees or shrubs (that grow to a mature height of 3m or more) that are— (i) suitable for screening, and (ii) not likely to pose a safety or health risk. 11 Waste (1) A garbage and waste storage area for recyclable and non-recyclable waste materials and receptacles for those materials must— (a) be provided as part of the development, and (b) be located entirely within the lot on which the development is being carried out and not on a road or road reserve, and (c) comply with the following appendices in the document titled 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. (2) The waste storage area must— (a) be screened, and (b) be located behind the primary road frontage building line, and (c) not be located in any car parking, loading or landscaped area, and (d) not be located on any side of the building that faces an adjoining lot on which there is residential accommodation. (3) This section does not apply if the development uses an existing garbage and waste storage area, whether or not the area complies with this section, that has capacity. 12 Earthworks (1) Earthworks for the purposes of the development must— (a) be structurally supported in accordance with subsection (2), and (b) if the land is not identified as Class 3 or Class 4 on an Acid Sulfate Soils Map—not be more than 3m below ground level (existing), and (c) if the land is identified as Class 3 or Class 4 on an Acid Sulfate Soils Map—not be more than 1m below ground level (existing), and (d) be carried out at least 40m from any waterbody (natural), and (e) if the works are on a lot adjacent to a rail corridor—have a setback at least 3m from the corridor. (2) Structural support for earthworks more than 1m above or below ground level (existing) must take the form of a retaining wall or other form of structural support that— (a) has been certified by a professional engineer, 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 3m, and (e) is separated from any other structural support on the site by at least 2m, measured horizontally. (3) Fill, for the purpose of the development, must— (a) not raise the ground level (existing) more than 2m, and (b) be wholly contained by structural support in accordance with subsection (2), and (c) be located at least 40m from any waterbody (natural). 13 Drainage (1) All stormwater drainage collecting 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. 14 Bush fire prone land (1) This section applies— (a) to all development on bush fire prone land, and (b) in addition to all other development standards specified for complying development under Chapter 2. (2) The development may be carried out 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) the lot on which the development is carried out (the relevant lot ) has direct access to a public road or a road vested in or maintained by the council, and (c) a reticulated water supply is connected to the relevant lot, and (d) a fire hydrant is located within 70m of the part of the development carried out on bush fire prone land, and (e) mains electricity is connected to the relevant lot, and (f) reticulated or bottled gas on the relevant 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, for example, the requirement that metal piping must be used, and (g) gas cylinders on the relevant lot that are within 10m of a dwelling— (i) have the 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 (h) there are no polymer sheathed flexible gas supply lines to gas meters adjacent to a dwelling on the relevant 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. 15 Flood control lots (1) This section applies— (a) to all development that is to be carried out on a flood control lot, and (b) in addition to all other development standards specified for complying development under Chapter 2. (2) The development must not be on any part of a flood control lot unless that part of the lot has been certified, for the purposes of the issue of the relevant complying development certificate, by the council or a professional engineer who specialises in hydraulic engineering, 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. (3) The development must, to the extent it is within a flood planning area— (a) have a minimum floor level no lower than the floor levels set by the council for that lot, and (b) have the part of the development at or below the flood planning level constructed of flood compatible material, and (c) be able to withstand the forces of floodwater, debris and buoyancy up to the flood planning level (or, if on-site refuge is proposed, the probable maximum flood level), and (d) not increase flood affectation elsewhere in the floodplain, and (e) have reliable access for pedestrians and vehicles from the development, at a minimum level equal to the lowest floor level of the development, to a safe refuge, and (f) have open car parking spaces or carports that are no lower than the 20-year flood level, and (g) have driveways between car parking spaces and the connecting public roadway that will not be inundated by a depth of water greater than 0.3m during a 1:100 ARI (average recurrent interval) flood event. (4) A standard specified in subsection (3)(c) or (d) is satisfied if a joint report by a professional engineer who specialises in hydraulic engineering and a professional engineer who specialises in civil engineering confirms that the development— (a) can withstand the forces of floodwater, debris and buoyancy up to the flood planning level (or, if on-site refuge is proposed, the probable maximum flood level), or (b) will not increase flood affectation elsewhere in the floodplain. (5) If a word or expression used in this section is defined in the Flood Risk Management Manual , the word or expression has the same meaning as it has in that Manual unless it is otherwise defined in this section. (6) In this section— flood compatible material means building materials and surface finishes capable of withstanding prolonged immersion in water. flood control lot means a lot located within or partly within an area identified in a local environmental plan as a flood planning area. flow path means a flow path identified in the council’s flood study or floodplain risk management study carried out in accordance with the Flood Risk Management Manual . high hazard area means a high hazard area identified in the council’s flood study or floodplain risk management study carried out in accordance with the Flood Risk Management Manual . high risk area means a high risk area identified in the council’s flood study or floodplain risk management study carried out in accordance with the Flood Risk Management Manual . sch 7: Am 2022 (517), Sch 1[23]; 2023 (609), Sch 2.22[8]–[10]; 2025 (692), Sch 1[144].