New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clause 8B)
| Development type | Development standards and other requirements |
| The erection and use, or carrying out of, the following: | |
| BED AND BREAKFAST ACCOMMODATION (not including any building works) | A maximum
of 2 guest bedrooms. A smoke detection system that complies with Australian Standards AS 3786-1993 (Smoke alarms) and AS/NZS 3000:2000 (Electrical installations) (known as the Australian/New Zealand Wiring Rules ) is in the dwelling. A fire extinguisher and fire blanket are in the kitchen. Approval has been obtained from the owners corporation, or the community, precinct or neighbourhood association, where the dwelling is subject to the Strata Schemes Management Act 1996 or the Community Land Management Act 1989 . There are no key-release deadlocks on guest bedroom or exit doors and no bars or other restrictions placed on windows. |
| COMMERCIAL AND SHOP BUILDINGS | |
| A different building use resulting from a change of use from a shop to an office, or from an office to a shop | No increase to the total floor area of the
building. No more than 300 m 2 of floor area is changed from an office to a shop. Different use is not a brothel. No increase to the total floor area of the building. No more than 300 m 2 of floor area is changed from an office to a shop. Different use is not a brothel. No display or sale of publications classified Category 1 restricted, Category 2 restricted or RC (Refused Classification) under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, or display of objects primarily concerned with sexual behaviour. The new use must replace a former use carried out in accordance with a development consent. |
| Internal alterations to a shop or an office | No increase to the total floor
area of the building. Internal partitioning not to increase fire-egress travel distances or coverage requirements for smoke detector and sprinkler systems. |
| Replacement of footpath awnings | Footpath awnings are to:(a) have approval from council under section 126 of the Roads Act 1993 , and(b) replace like with like where in a heritage conservation area, and(c) be set back at least 600 mm from the kerb line with a minimum clearance of 3.6 m above footpath level. |
| HOUSES AND EXTENSIONS | |
| Additions to rear of free-standing dwelling houses (including associated demolition) | General requirements All work must comply with the deemed-to-satisfy provisions of section 3 (Acceptable Construction) of the Building Code of Australia (Housing Provisions). Additions to ground floor only. An addition must not provide for an additional dwelling. An addition must not to result in the loss of off-street parking. No part of the structure may be located within the drip line of an existing tree (unless permission has been obtained to remove the tree). The addition must not increase the floor area of the dwelling by more than 40 m 2. Any demolition must be carried out to Australian Standard AS 2601-1991 (The demolition of structures) . |
| Urban form and design requirements External walls of the addition must be located not less than 900 mm from a property boundary. The ground floor level of the addition must be no more than 500 mm above natural ground level at any point. The distance between the floor level and the underside of the eaves must be no more than 2.7 metres. The roof pitch must be no more than 30 degrees and openings must be flush with the roof. The height of the addition must not exceed the existing ridge height or 3.6 metres above natural ground level, whichever is the higher. Materials and window and door proportions must match existing building. | |
| Amenity requirements Windows and doors are permissible if they face a property boundary where there is a fence at least 1.8 m high. Solar access must be maintained to adjacent properties’ habitable rooms for a minimum period of 2 hours between 9 am and 3 pm at the winter solstice or, where less than 2 hours solar access is currently available, no additional overshadowing is permitted. Solar access to the subject property and adjacent properties’ primary landscaped area must be maintained over a minimum of 50% of that space for a period of at least 3 hours between 9 am and 3 pm at the winter solstice. The extension must not result in a private outdoor area of less than 40 m 2 or a minimum dimension of less than 3.5 m. | |
| Structural internal alterations | All work must comply with the
deemed-to-satisfy provisions of section 3 (Acceptable Construction) of the
Building Code of Australia (Housing Provisions). No external works. No increase to the total floor area of the building. Alterations to ground floor only. |
| Alteration and addition of windows and doors other than:• addition of openings in party or common walls, or• addition of openings with an area greater than 4 m 2 | General requirements All work must comply with the deemed-to-satisfy provisions of section 3 (Acceptable Construction) of the Building Code of Australia (Housing Provisions). Openings are to be located not less than 900 mm from a property boundary and not less than 900 mm from a wall separating attached dwellings |
| Amenity requirements Windows and doors are permissible if they face a property boundary where there is a fence at least 1.8 m high and the floor level of the room is less than 0.5 m above ground level at the boundary. Alterations and additions to ground floor only. No alterations and additions to primary street frontage. New window and door openings to habitable rooms within 9 m of, and allowing a view of a window of a habitable room in, another dwelling must be offset by not less than 0.5 m. | |
| Urban form and design requirements Materials and window and door proportions must match existing building. | |
| Dormer windows and extensions within the existing roof space, including gablet windows being additions or extensions to bedrooms, bathrooms or the creation or extension of storage rooms | General requirements All work must comply with the deemed-to-satisfy provisions of section 3 (Acceptable Construction) of the Building Code of Australia (Housing Provisions). Development only to rear of property. Not to be visible from a public place (excluding back lanes). Only one dormer window permissible per roof plane. |
| Urban form and design requirements The dormer window is to be located not less than 900 mm from a property boundary and not less than 900 mm from a wall separating attached dwellings. Dormer windows are to be centrally located along the width of the roof. Dormers are to be traditionally vertically proportioned, with a height 1.5 width. Dormer windows are to be set below the ridgeline and up from the eaves. Materials and window and door proportions must match existing building. | |
| Amenity requirements Dormer windows are not to be located adjacent to bedroom windows of adjoining dwellings. The sides of the dormer windows are to be of a solid construction without glazing. | |
| INDUSTRIAL AND WAREHOUSE BUILDINGS | |
| Internal alterations | No increase to the total floor area of the building. Internal partitioning not to increase fire-egress travel distances or coverage requirements for smoke detector and sprinkler systems. |
| Replacement of roofing material | Any setback requirements and building height
requirements must be maintained. No structural alterations required. Any works involving asbestos cement must comply with the WorkCover Authority’s Short Guide to Working with Asbestos . |
| SWIMMING POOLS Development for the purpose of swimming pools on lots over 450 m 2 in area if the pool is ancillary to a dwelling occupied for private use only. | Streetscape
The pool will not be between the dwelling and the front boundary. |
| Bulk and scale All coping or decking around the pool is not more than 150 mm above the natural ground level. The pool is at least 1.5 m from the nearest side and the rear boundaries. | |
| Privacy and security The noise level of any filtration equipment or pumps does not exceed 5 dB (A) above the ambient background level measured at the property boundary. | |
| Open space and landscaping Minimum private outdoor area of 40 m 2 excluding the area of the water and minimum dimension of 3.5 m is to be maintained. | |
| Installation and construction The installation and construction of the pool complies, where relevant, with the Swimming Pools Act 1992 and the Swimming Pools Regulation 1998 , and(a) Australian Standards AS/NZS 1838:1994 (Swimming pools-Premoulded fibre-reinforced plastics-Design and fabrication) and AS/NZS 1839:1994 (Swimming pools-Premoulded fibre-reinforced plastics-Installation) , or(b) AS 2783-1992 (Use of reinforced concrete for small swimming pools) . | |
| Pool and surrounding structures The pool and surrounding structures comply with AS 1926-1986 (Fence and Gates for Private Swimming Pools) as published on 4 August 1986. |