NSW Housing Code A guide to complying …

1 NSW Housing code A guide to complying development A guide to complying Development: Housing code State of New South Wales through the NSW. Department of Planning April 2011. Disclaimer: While every reasonable effort has been made to ensure that this document is correct at the time of publication, the State of New South Wales, its agencies and employees, disclaim any and all liability to any person in respect to anything or the consequence of anything done or omitted to be done in reliance upon the whole or any part of this document. FOR FURTHER INFORMATION CONTACT. NSW Government Department of Planning Information Centre GPO Box 39.

2 Sydney, NSW Australia Freecall 1300 305 695. For a copy of State Environmental Planning Policy (Exempt and complying Development Codes) 2008. Contents Introduction 2 Does it meet the complying development STEP. standards under the Codes SEPP? 24. 4. Purpose of this user guide 2 Principles for complying development 24. The Codes SEPP 3 Choosing which codes 25. Getting started 5 Summary of key development standards 26. Five steps to exempt development 6 Site requirements 28. Six steps to complying development 7 Building heights 30. Setbacks 31. Is the proposed development exempt Privacy 37.

3 STEP. 1 under the Codes SEPP? 8 Landscaping 38. Car parking and access 39. The General Exempt Development code 8. Earthworks and drainage 39. Detached studios adjoining lanes 41. Does the proposed development meet Swimming pools 42. STEP. the general land based requirements under the 2 Codes SEPP? 9. Fences 43. Alterations and additions 43. Demolition 45. Excluded land and exemptions 9. Bush fire prone land 15. Flood control lots 17 Conditions and other requirements for complying STEP. development 46. Heritage conservation areas 19 5. Conditions 46. STEP Is the development specified under Neighbour notification 46.

4 3 the Codes SEPP? 20 Implementation of the code 47. Specified development 20 Appendix A. Other approvals 22 Exempt Development code 48. Appendix B. Glossary 51. Back to contents page. NSW Housing code 1. Introduction Purpose of this user guide clauses contained in the Codes SEPP). It may also be necessary to consider other legislation that regulates It is now possible to build a new or carry out exempt and complying development including: alterations and additions to a dwelling house without having to lodge a development application (DA), Environmental Planning and Assessment Act using a State wide complying development code .

5 1979 (EP&A Act 1979). This user guide explains how the State Environmental Environmental Planning and Assessment Planning Policy (Exempt and complying Codes) Regulation 2000 (EP&A Regulation 2000). 2008 ( Codes SEPP ) applies to different types of Local Government Act 1993. residential development on residential zoned land. Building code of Australia (BCA). The guide provides information on development that relevant Australian Standards (AS). can be carried out using the General Housing code , Standard Instrument Principal Local the Housing Alterations code and the Demolition Environmental Plan code .

6 There is also a Rural Housing code , for residential development on rural zoned land. Roads Act 1993. Swimming Pools Act 1992. National Park and Wildlife Act 1974. Under the Codes SEPP, development may be carried Conveyancing Act 1919. out as exempt or complying development. This guide will explain the difference between the two. Protection of the Environment Operations Act 1991. Occupation Health & Safety Regulation 2001. Threatened Species Act 1995. By working through a series of logical steps, this guide will help the reader navigate the Codes The Codes SEPP does not override existing SEPP for development on residential zoned land to legislation that may apply to the proposed determine whether: development.

7 The Codes SEPP can be used Current versions of all environmental planning instruments (EPIs) and legislation, including the the Codes SEPP applies to the proposed above, is arranged in alphabetical order on development (and, if not why). if the Codes SEPP does apply, whether the proposed development is categorised as exempt Throughout this document you will see an icon with a or complying development clause number under the headings. These direct you to the specific clauses in the the relevant development standards that apply to Codes SEPP that relate to the heading. the proposed development, and any other conditions, standards, approvals This user guide does not cover all types of or legislation that must be considered or complying development permissible under the NSW.

8 Requirements met. planning system. Some complying development is permissible or enabled under other environmental This user guide does not replace the Codes SEPP planning instruments for example the State and should be read in conjunction with the Codes Environmental Planning Policy (Infrastructure) 2007, SEPP (there are references throughout the guide to State Environmental Planning Policy (Affordable Rental 2 NSW Housing code Back to contents page. Housing ) 2009, councils' local environmental plans The Codes SEPP. (LEP) and development control plans (DCP). Anyone undertaking complying development Overview should ensure they are familiar with the particular The Codes SEPP incorporates: requirements of the environmental planning the General Exempt Development code (exempt instrument they are relying upon to assess their development for Housing , commercial and development.))

9 Industrial uses). Note: The scenarios and pictures used in this guide are used the General Housing code ( complying for illustrative purposes only. development). the Housing Alterations code ( complying development). Background the Rural Housing code ( complying development). The NSW Government is streamlining the development the General Commercial and Industrial code approval processes for low impact and routine ( complying development). development proposals, freeing up the merit based the Subdivisions code ( complying development). system for more complex and sensitive developments.

10 The General Development code ( complying Under the NSW planning system, a development development), and consent is required in most instances. There are generally three pathways for development: the Demolition code ( complying development). The Codes SEPP does not repeat all of the technical exempt development, covers certain types of requirements for buildings that are contained in other minor work where no application for planning or legislation, including the BCA and relevant Australian construction approval is required, however there Standards. are standards which must be met complying development, covers work that meets certain pre-determined development standards and can be assessed and approved by a certifying authority (council or private accredited certifier), in 10 days or merit based assessment which requires a DA to be submitted to a consent authority (usually council) for assessment and results in a development consent, if approved.