New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clause 8)
Note: State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy.
The Policy has State-wide application. Schedule 1 contains additional exempt development not specified in that Policy.
Note: Exempt development may be carried out without the need for development consent under the Act. Such development is not exempt from any approval, licence, permit or authority that is required under any other Act and adjoining owners’ property rights and the common law still apply.
(1) Development is exempt development if:(a) it is described in Column 1 of the Table to this Schedule, and(b) it is carried out within a zone specified for the development in Column 2 of that Table, and(c) it complies with the criteria specified for the development in Column 2 of that Table.
(2) However, development is not exempt development if:(a) it is prohibited by this plan, or(b) it is not of minimal environmental impact, or(c) it is carried out on land described in clause 2 of this Schedule, or(d) it does not comply with any of the relevant general criteria for exempt development specified in clause 3 of this Schedule.
(3) In measuring heights and maximum areas specified in the Table to this Schedule:(a) height is measured from natural ground level, and(b) a maximum area for a structure is the total of all areas occupied by the type of structure, unless otherwise stated.
(1) Development is not exempt development if it is carried out on land that:(a) is critical habitat (within the meaning of the Threatened Species Conservation Act 1995 ), or(b) is, or is part of, a wilderness area (within the meaning of the Wilderness Act 1987 ), or(c) is land below the 1 in 100 year flood level if it involves the erection or use of a structure with a habitable room, or land below the 1 in 20 year flood level if it involves the erection or use of a structure with rooms none of which is habitable, except where otherwise indicated in the Table to this Schedule, or(d) is land to which State Environmental Planning Policy No 14-Coastal Wetlands applies, or(e) is land to which State Environmental Planning Policy No 26-Littoral Rainforests applies, or(f) is identified as an Aboriginal place or known Aboriginal relic on a register kept by the National Parks and Wildlife Service, or is dedicated or reserved under the National Parks and Wildlife Act 1974 , or(h) is land with a slope greater than 15 degrees, or(i) is identified as potential acid sulfate soil Class 1 or 2 on the Acid Sulfate Soil Planning Maps dated December 1997 and kept by the Council, except where the proposed development does not involve the movement of soils on the site, or(j) is identified as potential acid sulfate soil Class 3 on the Acid Sulfate Soil Planning Maps dated December 1997 and kept by the Council, where any proposed excavation involved in the development is greater than 500mm, or(k) is identified as potential acid sulfate soil Class 4 on the Acid Sulfate Soil Planning Maps dated December 1997 and kept by the Council, where any proposed excavation involved in the development is greater than 1.5 metres, or(l) is within a mine subsidence area, unless the proposed development has been formally approved, prior to commencement, by the relevant Mine Subsidence Board, or(m) is land on which a tree or native vegetation exists, where the proposed development involves clearing for which consent is required by clause 34, or(n) is the site of a heritage item or an item proposed by a draft environmental planning instrument to be a heritage item, or(o) is subject to an order under Division 2A of Part 6 of the Environmental Planning and Assessment Act 1979 or Division 1 of Part 2 of Chapter 7 of the Local Government Act 1993 , other than an order to demolish, that has not been complied with, or(p) is between a foreshore building line and the water body to which that line relates, or(q) is within 40 metres of a watercourse, river, stream, creek or lake-where excavation of the land (not including footings for minor structures) is proposed, or(r) is significantly contaminated land within the meaning of the Contaminated Land Management Act 1997 .
Development is exempt development only if it complies with all of the following general criteria relevant to the form of development:
(a) all structures comply with the Building Code of Australia , including the standards identified in that code,
(b) all structures and activities comply with the Council’s adopted building lines and setbacks, unless otherwise specified in the Table to this Schedule,
(c) the development complies with all relevant development control plans and policies approved by the Council,
(d) no existing condition of development consent or building approval affecting a site is contravened or compromised,
(e) no structure is built over a sewer main, easement or natural watercourse and adequate clearance is provided to all sewer junction shafts, surcharge gullies, hot water service overflow pipes, and waste outlet pipes unless prior written agreement has been obtained from the Council or the local water and sewerage authority or supplier, as the case may require,
(f) the development does not require the installation or alteration of a sewage management facility,
(g) all structures have clearance from power lines in accordance with the relevant electricity authority or supplier,
(h) all structures are built with new materials or second-hand materials which retain the structural adequacy and integrity of the material when new,
(i) all structures are built with materials which match the design and appearance of any existing buildings on the site of the proposed development or in the immediate vicinity,
(j) no structure or activity obstructs vehicular or human access,
(k) no structure is located within the curtilage of a swimming pool which compromises the effectiveness of the swimming pool safety barrier or fence,
(l) all structures and activities comply with relevant legislation affecting their use and with statutory and other requirements of the Council and any other relevant public authorities.
| Column 1 | Column 2 |
| Erection (or installation) and use, or carrying out, of the following: | Circumstances where exempt |
| Amusement devices (being a small amusement device as defined in the Local Government (General) Regulation 2005 ) (eg dodgem cars, giant slides, jumping castles, merry-go-rounds etc) | Exempt only in Zones 3 (1), 3 (2), B4, 6 (1) and
6 (2). Must be installed and used for one day or weekend events only. Must be erected on level ground of sufficient bearing capacity to support the device. Must be registered under the Occupational Health and Safety Regulation 2001 . Must be erected in accordance with all the conditions set out in its certificate of registration. Must have a current logbook within the meaning of the Occupational Health and Safety Regulation 2001 . Must be subject to a contract of insurance or indemnity to an unlimited amount or no less than $10,000,000 for each person who would be liable for damages for death or personal injury arising out of the operation or use of the device and any total or partial failure or collapse of the device against that liability. Must meet the operational requirements of the WorkCover Authority. |
| Arcade amusement devices (eg pinball machines, virtual reality games etc) | Exempt only in Zones 3 (1), 3 (2), B4 and 6 (2). Must be located wholly within the subject premises. Maximum 5 devices installed in total. |
| Awnings over trade waste disposal points | Exempt only in Zones 4 (1), 4 (2) and
9. Maximum size 30m 2. Maximum height 2.7m. Must facilitate maintenance of the trade waste device and enable all weather use. Must be constructed of materials that match or complement the design and appearance of existing buildings. Must not be located within front building setback. |
| Charity bins or clothing and recycling bins | Exempt only in Zones 3 (1), 3 (2),
B4, 4 (1), 4 (2) and 4 (3). Must not result in more than 3 bins in any one location. Must be located wholly on private property and not in a public place. |
| Demolition | Exempt in all Zones. Demolition only of development that would be exempt development under this plan if it were being constructed or installed. Council must have issued an order to demolish under Division 2A of Part 6 of the Environmental Planning and Assessment Act 1979 or section 124 of the Local Government Act 1993 . Demolition must be carried out in accordance with Australian Standard AS 2601-2001, Demolition of structures . |
| Earthworks (rural) | Exempt only in Zone 1 (1). Must not be for domestic purposes. Must constitute one or more of the following:(a) levelling of land to a maximum of 300mm,(b) maintenance of drainage works,(c) backfilling of dams with not more than 5 megalitres storage capacity, |
| (d) desilting of dams,(e) maintenance of existing access roads within property boundaries. | |
| Fuel tanks-used in conjunction with agricultural activities or home business for which consent has been granted | Exempt only in Zones 1 (1), 1 (2), 7 (2), 7
(3), 7 (5) and 9. Maximum size 5,000 litres. Must be located wholly within the boundaries of the property. Must be bunded with capacity to contain at least 125% of the capacity of the fuel tank. Must be constructed of prefabricated metal, be free-standing and not rely on other structures for support. |
| Must be operated and maintained in accordance with Australian Standard AS
1940-2004, The storage and handling of flammable and combustible liquids . Must not be erected within 30m of a creek or boundary to the street or within 5m of a side or rear boundary. Minimum setback 20m from adjoining dwellings. | |
| Hail protection | Exempt only in Zones 1 (1) and 1 (2). Must be ancillary to agricultural use and consisting of light construction (eg poles, wire and mesh). |
| Retaining walls | Exempt in all Zones. Must not be for domestic purposes. Maximum height 600mm (including the height of any batters) above existing ground level. Must have adequate drainage lines behind it. Must not redirect the flow of surface water onto an adjoining property. Must cause surface water to be disposed of without causing a nuisance to adjoining owners. Timber walls must comply with the following Australian Standards:(a) AS 1720.2-2006, Timber structures-Timber properties ,(b) AS 1720.4-2006, Timber structures-Fire resistance for structural adequacy of timber members . |
| Shade structures (bird nets and the like) | Exempt only in Zone 1 (1). Must be ancillary to agriculture. |
Signs (see below for additional requirements for particular sign types) Note: The replacement of existing building identification signs and business identification signs (within the meaning of the standard instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 ) is exempt development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 . | Exempt in all Zones (except where otherwise
specified below for particular sign types). General criteria:(a) maximum area 2m 2 in Zone 4 (1), 4 (2) or 4 (3), except as otherwise specified elsewhere in this Table in relation to particular sign types, and(b) maximum area 1m 2 in all other Zones, except as otherwise specified elsewhere in this Table in relation to particular sign types, and(c) must not cover mechanical ventilation inlet or outlet vents, and(d) over a public road, must be at least 600mm from kerb or roadway edge, and(e) must not be illuminated or use flashing lights or similar devices for illumination, and(f) must not be mounted on vehicles, trailers, or shipping containers that stand continuously for the purpose of advertising on either public or private land, and(g) on public land, must not be mounted on trees or telegraph poles, and(h) must be located so as not to cause or create a traffic hazard including obscuring views of vehicles, pedestrians, or potentially hazardous road features, and(i) must not emit excessive glare or cause excessive reflection, and(j) must not resemble traffic warning signs, and(k) if located on bush fire prone land, must be of non-combustible material. |
| Signs used for display of the following: | |
| (a) Business identification signs in residential areas | Only exempt in Zones 2
(1) and 2 (2). Must satisfy general criteria above. Maximum area 1m 2. Must be located and erected on the site to which they relate. Maximum one sign per street frontage. If over a public road, must be erected at a height no less than 2.6m above ground level. |
| (b) Business identification signs in commercial areas | Only exempt in Zones 3
(1) and 3 (2). Suspended under awning signs:(a) must satisfy general criteria above, and(b) must be securely fixed by metal supports, and(c) must not affect the structural integrity of the awning or building, and(d) must be located and erected on the site to which they relate, and(e) maximum one sign per street frontage, and(f) if over a public road, must be erected at a height no less than 2.6m above ground level, and(g) maximum area 2.5m 2. |
| Vertical or horizontal projecting wall signs:(a) must satisfy general criteria above, and(b) must be securely fixed by metal supports, and(c) must not affect the structural integrity of the awning or building, and(d) must be located and erected on the site to which they relate, and(e) maximum one sign per street frontage, and(f) if over a public road, must be erected at a height no less than 2.6m above ground level, and(g) maximum area 2.5m 2.Flush wall signs:(a) must satisfy general criteria above, and(b) must be securely fixed, and(c) must be located and erected on the site to which they relate, and(d) maximum one sign per street frontage, and(e) maximum area 2.5m 2.Top hamper signs:(a) must satisfy general criteria above, and(b) must be securely fixed, and(c) must be located and erected on the site to which they relate, and(d) maximum one sign per street frontage, and(e) if over a public road, must be erected at a height no less than 2.6m above ground level, and(f) maximum area 2.5m 2. | |
| (c) Business identification signs in industrial areas | Only exempt in Zones 4
(1), 4 (2), 4 (3) and 9. Must satisfy general criteria above. Must be securely fixed by metal supports. If located over a public road, must be erected at a height of no less than 2.6m above ground level. Must be located and erected on the site to which they relate. Maximum one sign per street frontage. Maximum area 2.5m 2. |
| (d) Real estate signs (advertising premises or land for sale or rent) in rural, residential and environmental protection areas | Only exempt in Zones 1
(1), 1 (2), 2 (1), 7 (1), 7 (2), 7 (3), 7 (4) and 7 (5). Must satisfy general criteria above. Maximum area 2.5m 2. Must be freestanding or attached to an existing approved structure eg fence, dwelling house or garage. Must be located and erected on the site to which they relate. Maximum 2 signs per street frontage. |
| (e) Real estate signs (advertising premises or land for sale or rent) in residential (urban living) areas | Only exempt in Zone 2 (2). Must satisfy general criteria above. Maximum area 4.5m 2. Must be freestanding or attached to an existing approved structure eg fence. Must be located and erected on the site to which they relate. Must not detract from the amenity of adjoining and adjacent land owners. Maximum 2 signs per street frontage. |
| (e1) Real estate signs (advertising premises or land for “open house” or “auction today”) in all areas | Exempt in all zones. Maximum area 1.2m 2. Must be erected only on the day the premises or land is open for open house or on the auction day. Must be removed immediately after the open house has finished or the auction has been completed. Maximum one sign at street frontage. Maximum of one sign at each of the nearest 2 intersections. Must not interfere with traffic visibility or pedestrian access. Must not be attached to balloons or similar items. Must not be illuminated or use flashing lights or similar devices for illumination. |
| (f) Real estate signs (advertising approved premises or land for sale or rent) in commercial, industrial, infrastructure and tourist areas | Only exempt in
Zones 3 (1), 3 (2), 4 (1), 4 (2), 4 (3), 5 and 6 (2). Must satisfy general criteria above. Maximum area 10m 2. Must have structural certification. Must be located and erected on the site to which they relate. Maximum 2 signs per street frontage. Must not be displayed after 100% of the premises or land is sold or leased. |
| (g) Directional real estate signs (advertising approved subdivisions) in rural, residential, commercial, industrial, infrastructure, tourist, natural resource and investigation areas | Only exempt in Zones 1 (1), 1 (2), 2 (1), 2
(2), 3 (1), 3 (2), 4 (1), 4 (2), 4 (3), 5, 6 (2), 9 and 10. Must satisfy general criteria above. In Zones 1 (1), 1 (2), 2 (1) and 2 (2), maximum area 4.5m 2. In Zones 3 (1), 3 (2), 4 (1), 4 (2), 4 (3), 5, 6 (2), 9 and 10, maximum area 6m 2. Two sign boards joined together (eg on a corner site) are treated as 2 separate signs. Must be freestanding or attached to an existing approved structure eg fence, dwelling house or garage. Must be located within a 3km radius of the approved subdivisions to which the signs relate. Maximum of 4 signs within the 3km radius. If the nearest major arterial road or freeway is located outside the 3km radius, 2 additional signs are permitted outside the 3km radius to allow directions to be provided to the premises or land. Must not be displayed after 100% of land is sold. Must relate to approved subdivisions as a whole, not to individual lots. |
| Silos | Only exempt in Zone 1 (1). Maximum capacity 120 tonnes. Maximum height 9m. Must be constructed of prefabricated metal. Must be freestanding and not rely on other structures for support. Must be erected in accordance with the manufacturer’s specifications or an engineer’s certification. Minimum setback to property boundary must be equivalent to height of silo plus 1m. Minimum front setback 30m. |
| Temporary structures-tents used for short term accommodation | Only exempt in
Zones 1 (1), 1 (2), 2 (1), 2 (2), 6 (2), 7 (1), 7 (2), 7 (3), 7 (4), 7 (5) and
10. Must be erected on private land (excluding caravan parks, camping grounds and manufactured home estates the operation of which is governed by the Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 ). Must be erected in accordance with the manufacturer’s specifications and requirements. Must not be erected for a period exceeding 21 consecutive days. Stormwater runoff must not cause a nuisance to adjoining properties. |
| Siting of tents must not create any noise nuisance arising from the use of the
tent. Must be setback a minimum 1.5m from all boundaries. |