New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clause 8B)
| Complying Development | Outcomes |
| 1 Bed & breakfast accommodation | |
| The use of an existing lawful dwelling by its permanent residents for the temporary accommodation of visitors for commercial purposes. | General(1) A maximum of 3 guest bedrooms.(2) A minimum of 2 bathrooms.(3) A smoke detection system that complies with AS 3786-1993-Smoke alarms and AS/NZS 3000: 2000-Electrical Installations (the Australian/New Zealand Wiring Rules) is in the dwelling.(4) A fire extinguisher and fire blanket are located in the kitchen.(5) Approval has been obtained from the owners corporation, or the community, precinct or neighbourhood association, where a dwelling is subject to the Strata Schemes Management Act 1996 or the Community Land Management Act 1989 . |
| 2 Commercial building alterations | |
| The making of internal alterations to a shop, office or commercial premises that alter the load-bearing capacity of load-bearing components. | General(1) No increase in the total floor area of the building.(2) No more than 2,000 square metres of floor area is changed from an office to a shop.(3) Provides disabled access in accordance with AS 1428.1-1998-Design for access and mobility-General requirements for access-new building work . |
| 3 Demolition | |
| Demolition of a building or structure. | General(1) Complies with the requirements of AS 2601-1991-The demolition of structures .(2) Is not done using the implosion method of demolition.(3) Water meter is removed by the Council and the line capped off and sewer services sealed at the service main.(4) Sewer drainage is capped off at the junction with the Council’s sewer and the work is carried out by a licensed plumber or the Council.(5) Any asbestos material is removed in accordance with WorkCover Authority’s Short Guide to Working with Asbestos by a person licensed to carry out such work. |
| 4 Dwelling house (single storey) | |
| The erection and use of a single storey dwelling house and construction of ancillary driveway on land within Zone No 2 (a), 2 (b) or 2 (v). | Streetscape(1) Complies with a building line of 7.5 metres from the front
boundary and 7.5 metres from a side boundary where the lot is a corner
lot.Bulk and scale(1) The ground floor level of the structure is located at
least 150 millimetres but not more than 500 millimetres above the natural
ground level.(2) The distance between the floor level and the underside of the
eaves is not more than 2.7 metres.(3) The roof pitch is not more than 24
degrees and any openings are to be flush with the roof pitch.(4) The external
wall of any structure affected by the proposed development is at least 900
millimetres from the nearest side and rear boundaries.Privacy and security Windows in a habitable room that are within 9 metres of, and allow an outlook to, a window of a habitable room in the neighbour’s house:(a) are offset from the edge of one window to the nearest edge of the other by a distance of at least 0.5 metre, or(b) have sill heights of at least 1.7 metres above floor level, or(c) have fixed obscure glazing in any part of the window below 1.7 metres above floor level.Site access and circulation(1) Where kerb and gutter is provided, driveways are a minimum of 500 millimetres clear of all drainage structures on the kerb and gutter and do not interfere with the existing public utility infrastructure, including the Council’s drainage structures, unless prior approval is obtained from the relevant authority.(2) Driveways are a minimum of 6 metres from a road intersection.(3) Driveways within the road reserve are to be constructed to the Council’s specifications.(4) A minimum of one parking space is provided (either an open space or a covered space) and each is located behind the building line. Such a space is to measure a minimum of 5.5 metres in length and have a minimum width of 2.5 metres. Open space parking spaces, accessways and driveways are to be surfaced with material of a permeable nature or are to be graded to provide for on-site stormwater infiltration. |
| 5 Extensions | |
| Development associated with single detached dwellings consisting of development ordinarily ancillary or incidental to detached single storey dwellings (for example, erection of carports and garages). | Streetscape(1) Each
part of the structure:(a) complies with any relevant building line fixed by or
under an environmental planning instrument or development control plan
applying to the land, or(b) is set back at least 7.5 metres from the front
boundary.(2) Carports and garages facing a public street or accessway are not
more than 6 metres or 50% of the frontage wide, whichever is the lesser.Bulk
and scale(1) The ground floor level of the structure at any point is not more
than 500 millimetres above natural ground level.(2) The distance between the
floor level and the underside of the eaves is not more than 2.7 metres.(3) The
roof openings are flush with the pitch of the roof.(4) The next door
property’s main area of private open space, and any habitable rooms in that
property, are not in shadow between 10 am and 3 pm on 21 June, as a result of
the development.(5) The external wall of each structure affected by the
proposed development is at least 900 millimetres from the nearest side and
rear boundaries.Privacy and security Windows in a habitable room that are within 9 metres of, and allow an outlook to, a window of a habitable room in the neighbour’s house:(a) are offset from the edge of one window to the nearest edge of the other by a distance of at least 0.5 metre, or(b) have sill heights of at least 1.7 metres above floor level, or(c) have fixed obscure glazing in any part of the window below 1.7 metres above floor level.Open space and landscaping(1) A minimum of 20% of the site must be soft landscaped, that is, not a hard surface.(2) Not more than one-third of the front setback area is to be paved or sealed. |
| 6 Swimming pools | |
| Development for the purpose of swimming pools on lots over 650 square metres in area if the pool is of a size that makes it ordinarily ancillary to a dwelling occupied for private use only. | Streetscape The pool will not be between the dwelling and front boundary. Bulk and scale(1) All coping or decking around the pool is not more than 500 millimetres above the natural ground level.(2) The pool is at least 1.5 metres from the nearest side and rear boundaries.(3) The pool is located at least 2 metres from the Council’s sewer main.Privacy and security The noise level of any filtration equipment or pumps does not exceed 5 dBA above the ambient background level measured at the property boundary. Open space and landscaping A minimum of 20% of the site must be soft landscaped, that is, not a hard surface. Installation and construction The installation and construction of the pool complies, where relevant, with:(a) 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 .The Pool and surrounding structures The pool and surrounding structures are to comply with AS 1926.2-1995-Swimming pool safety-Location of fencing for private swimming pools . Note: The Swimming Pools Act 1992 and the Swimming Pools Regulation 1998 must also be complied with. |
| 7 Telecommunications undertakings | |
| Development for the purpose of telecommunications undertakings such as radio antenna and dishes, panel antenna, directional antennae, microcells and underground cabling, on land within Zone No 1 (a), 1 (b), 1 (c), 3 (a), 3 (b), 4 (a) or 4 (b). | General Complies with any relevant Australian Standard. Antenna or dish The antenna, dish or facility is not more than 1.8 metres in diameter or 1 cubic metre in volume. The highest point of the antenna or dish is 4 metres above the roof of the building on which it is attached. Where the antenna or dish is more than 3 metres above the roof, it is set back a minimum of 2 metres from the outermost wall of the building and does not protrude from the front facade of the building. The colour of the antenna is matched to the background in keeping with the surrounding area. Tower, mast or pole Only on land within Zone No 1 (a) or 1 (b) with a height not more than 12 metres and does not protrude from the property boundary. Underground conduit or cable Where the trench is not more than 450 millimetres wide and the land in which the cable or duct is laid is reinstated in accordance with a reinstatement plan agreed to, prior to construction, with the owner of the land. The reinstatement plan must include the following:• management and protection measures• relaying of road or pavement• replanting of grass, trees or foliage• replacement or removal of material excavated• reinstatement of contours. |
| 8 Temporary buildings | |
The erection of a building and its use for a period not exceeding 5 years
specified in the application for a complying development certificate, being a
building that is not used for residential purposes, or for the storage or
handling of inflammable materials. Note: The building must be demolished or removed no later than 60 days after the specified period expires (see condition 14 in Part 2 of this Schedule) | General Maximum height of the building is 1 storey. Building is set back from every boundary of the lot by a minimum of 3 metres. |
1 All building work must be carried out in accordance with the deemed-to-satisfy provisions of the Building Code of Australia .
2 Two days before any site works, building or demolition begins, the applicant must:• forward Notice of Commencement of Work and Appointment of Principal Certifying Authority (Form 7 of the Regulation) to the Council, and• notify the adjoining owners that work will commence.Note: The principle certifying authority may be either an accredited certifier or the Council.
3 Before any site works, building or demolition begins, the applicant must:• notify the Council of the name, address, phone number and licence number of the builder, and• erect a sign with a minimum area of 600mm × 450mm at the front of the property (before work commences) with the builder’s name, licence number, site address and consent number, and• provide a temporary on-site toilet, and• protect and support any neighbouring buildings, and protect any public place from obstruction or inconvenience due to the carrying out of the development, and• prevent any substance from falling onto a public place, and• follow any other conditions prescribed by the Regulation.This item does not impose a requirement on an applicant if it is complied with by the builder.
4 Run-off and erosion controls must be implemented to prevent soil erosion, water pollution or the discharge of loose sediment on surrounding land, as follows:• divert uncontaminated run-off around cleared or disturbed areas,• erect a silt fence to prevent debris escaping into drainage systems or waterways,• prevent tracking of sediment by vehicles onto roads,• stockpile top soil, excavated material, construction and landscaping supplies and debris within the site.
5 Removal or disturbance of vegetation and top soil must be confined to within 3 metres of the proposed building.
6 The land surrounding any structure must be graded to divert surface water to the street, and must be clear of existing and proposed structures and adjoining premises.
7 Where the water falls to the rear of the property, it must be collected and drained via a gravity system to a Council stormwater line.
8(1) Prior to the commencement of work on water supply and/or plumbing and drainage the licensed plumber and/or drainer must obtain a permit from Council.(2) Prior to the commencement of work the owner of the premises must apply to the Council for an approval to carry out any water supply work, sewer work, stormwater work and connect such work to the Council’s services.(3) Prior to the commencement of work the owner of the premises must apply to Council to install a human waste treatment device and carry out the associated sewerage work.(4) A minimum of 45,000 litres of stored rainwater is required to be provided for use in connection with development for domestic purposes in areas without reticulated water supply.
9(1) The following inspections are required to be carried out by a person authorised as the principal certifying authority. Where the Council is the principal certifying authority the applicant must notify Council in advance (at least 48 hours in writing or 24 hours by telephone) of inspections. All compliance certificates and the occupation certificate, if required, are to be submitted to the Council prior to occupation:(a) pier holes or bulk piers before concrete is poured,(b) trenches with reinforcement steel in position,(c) concrete slabs with reinforcement steel in position,(d) termite barrier-the type of barrier used is to be specified on the compliance certificate,(e) framework before fixing of internal linings,(f) wet area flashing before covering,(g) pool fencing before filling the pool with water, and(h) final inspection before the structure is occupied or used.Note: If an occupation certificate is issued then a compliance certificate is not required.(2) The following inspections are required to be carried out by the Council. Inspections may be arranged by contacting the Council’s Environment and Development Services Department. Where the Council is not the principal certifying authority, an additional fee for each inspection will apply:(a) sanitary drainage under hydrostatic test prior to backfilling trenches or covering,(b) hot and cold water plumbing under pressure test prior to covering,(c) internal stackwork under hydrostatic test prior to covering, and(d) the installation of the septic tank and any sullage trenches prior to backfilling or covering.
10(1) Any damage caused to kerb and guttering and/or footpath as a consequence of building operations shall be rectified by the owner to the satisfaction of the Council.(2) The footpath and/or road reserve are not to be used for construction purposes or placing of building materials without the prior agreement of the Council. Where necessary, arrangements may be made by contacting the Council’s Engineering Services Department.(3) Before the erection of any permanent structures, such as fences, concrete driveways, garages or the like, adjacent to street boundaries, correct street levels must be ascertained from the Council’s Engineering Services Department.(4) Driveways are to be constructed in accordance with any relevant requirements of AS 2890.1-1993-Parking facilities-Off-street car parking , with appropriate transition zones.
11 Any building work must be carried out between 7.00 am and 6.00 pm Monday to Friday and 8.00 am to 5.00 pm Saturdays, but not on Sundays or public holidays, if audible on residential premises.
12 Fire safety measures must be included.
13(1) The following inspections are to be carried out by a person authorised as the principal certifying authority and compliance certificates are to be submitted to the Council:(a) steel reinforcing before pouring of concrete,(b) drains before backfilling,(c) pool fencing prior to filling of pool.(2) The pool fencing is to be erected prior to the pool being filled with water.(3) An approved resuscitation sign in accordance with the Swimming Pools Regulation 1998 is to be provided in a prominent position within close proximity of the pool.(4) The pool fence is to be located so as to isolate the pool from any dwellings and structures not directly associated with the pool.(5) Backwash water must be directed to the Council’s sewer via a yard sink approved by the Council.(6) Temporary safety fencing is to be erected during the installation of the pool and prior to filling the pool with water.
14 Any building erected for use for a specified period of not more than 5 years pursuant to Part 1 of this Schedule must be completely demolished or removed from the site no later than 60 days after the specified period ends.