New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clause 10A (2))
Development identified in this Schedule is complying development only if:
In relation to amenitya. it does not create an actual or potential hazard to health or safety or any pollution or potential for pollution, andb. it is not on contaminated land subject to assessment under State Environmental Planning Policy No 55-Remediation of Land , and
In relation to statutory standardsc. it is not an existing use as defined by S 106 of the Act, andd. it complies with any deemed-to-satisfy provisions of the Building Code of Australia relevant to the development, ande. it complies with all relevant SAA (Australian Standards), andf. it complies with the relevant quantitative development standards set for the development by this plan and by any of the following relevant Manly Development Control Plans:-Residential Zone 2001 adopted 24/9/01; Business Zone Amendment 2 adopted 10/5/99; Industrial Zone adopted 5/2/91; Access adopted 12/8/96; Advertising Signs adopted 5/10/93; Energy Efficient Buildings adopted 22/6/98; Backpackers Accommodation adopted 7/9/98; Notification adopted 28/06/99, andg. it does not contravene any conditions of development consent applying to the land, and
In relation to stormwater and sewerh. a certificate of compliance has been obtained for the development (if required) from Sydney Water Corporation, andi. it does not obstruct drainage on the site on which it is carried out, andj. it complies with the “building over sewer” requirements of Sydney Water Corporation applying to the land, and
In relation to accessk. it does not restrict any vehicular or pedestrian access to or from the site, and
In relation to safetyl. all equipment is installed according to the manufacturer’s specifications and by qualified tradespersons where relevant, andm. the work meets all relevant WorkCover requirements, and
In relation to conservationn. it is not within a conservation area, ando. it is consistent with any management plan approved under State Environmental Planning Policy No 44-Koala Habitat , and with any recovery plan or threat abatement plan in force under the Threatened Species Conservation Act 1995 , that apply to the land, andp. it is not within or on any National Parks and Wildlife land, andq. it is not an Aboriginal place under the National Parks and Wildlife Act 1974 , andr. it is not on land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, or geological formations, or for other environmental protection purposes, ands. it is not an aquatic reserve declared under the Fisheries Management Act 1994 , andt. it is not work to which Clause 33-(Development on land identified on Acid Sulphate Soils Planning Map) applies.
| 1 | 2 | 3 | 4 |
| Item | The erection or carrying out of any of the following | Categories of standards | Standards |
| 1 | Alterations: External alterations, or additions, to existing structure | □ On a site with a slope of no greater than 1:20 as shown on a recent survey plan;□ Maximum of 3m above natural ground level to eaves;□ Maximum finished floor level RL500 mm above natural ground level; | |
| □ Not forward of front Building Line;□ In the case of development in a residential zone, the development maintains minimum setbacks required by Section 3.5 of the Residential DCP;□ Signed agreement by adjoining owner in accordance with Clause 3.2 of the Notification DCP adopted 28/06/99 has been received; | |||
| □ Maintains maximum floor space ratios required by any relevant DCPs; | |||
| □ Same building materials, colours and textures as the existing building; | |||
| □ Retains open space required by Section 3.2 of the Residential DCP;□ Does not relate to residential development in non-residential zones;□ Not within the Foreshore Scenic Protection Area□ Work must relate to primary use of the site;□ Does not result in rooms within the roof space; | |||
| 2 | Residential alterations; internal | Nil | |
| 3 | Cabanas/green houses/ cubbies/sheds or cubby houses | □ Signed agreement by adjoining owner in accordance with Clause 3.2 of the Notification DCP adopted 28/06/99 has been received;□ One of each per site;□ Non-reflective finished surfaces; | |
| □ Area taken must be no greater than 30m 2 in total;□ Retains open space required by Section 3.2 of the Residential DCP; | |||
| □ Maximum of 3m above natural ground level; | |||
| □ Minimum 900 mm from all side and rear boundaries;□ Not forward of building line; | |||
| 4 | Dwelling; Single detached | □ One per legally created allotment;□ On a site with a slope of no greater than 1:20 as shown on a recent survey plan; | |
| □ Maximum 3.0m above natural ground level to eaves;□ Subject to compliance with ALL quantitative requirements of the Residential DCP;□ Signed agreement by adjoining owner in accordance with Clause 3.2 of the Notification DCP adopted 28/06/99 has been received;□ Not within the Foreshore Scenic Protection Area;□ No rooms within the roof space; | |||
| 5 | Fences; Free standing side and rear masonry or brick walls | □ Maximum 1.8m above natural ground level; | |
| □ Not incremental nor immediately above retaining walls;□ Not forward of building line;□ Signed agreement by adjoining owner in accordance with Clause 3.2 of the Notification DCP adopted 28/06/99 has been received; | |||
| 6 | Garages & Carports and Driveways | □ Maximum 36m 2 for garages and carports;□ Conforms with Section 3.12 of the Residential DCP;□ Retains open space required by Section 3.2 of the Residential DCP; | |
| □ Maximum height of 3m to underside of eaves;□ Maximum RL 250mm finished floor level above natural ground level;□ Maximum 25 degree roof pitch;□ Driveways cannot be elevated nor suspended;□ No subterranean building except foundations;□ Not forward of building line;□ Not within the Foreshore Scenic Protection Area. | |||
| □ Signed agreement by adjoining owner in accordance with Clause 3.2 of the Notification DCP adopted 28/06/99 has been received; | |||
| 7 | Industrial- Change of use from one industrial use to another or internal alterations to premises used for industrial use | □ No additional floor space is created;□ Works to be within the existing approved envelope of the building; | |
| □ No decrease in distances required for fire exit routes or changes to existing fire safety provisions;□ A new fire safety certificate is required from the PCA; | |||
| □ Any new entrance faces the public street or public pedestrian way;□ No increase in car parking provisions created as a result of alterations or change of use; | |||
| □ The proposal does NOT involve any decontamination work. | |||
| 8 | Offices/Shops- Change of use from one type of shop to another or internal alterations to premises used as a shop | □ Not more than 2000m 2 of gross floor area is changed;□ No additional floor space is created;□ Works to be within the existing approved envelope of the building;□ No increase in any retail floor space; | |
| □ No increase in car parking provisions created as a result of internal alterations or change of use;□ Any new entrances must face a public street or public pedestrian way; | |||
| □ No decrease in distances required for fire exit routes; | |||
| □ No change in approved hours of operation;□ The proposed use does not involve use of premises as a: Methadone clinic, or Adult book shop, or Brothel, or Amusement Centre, or Funeral parlour. | |||
| 9 | Pergolas with roofs | □ No greater than 3.0m above natural ground level;□ No greater than 2.5m in depth;□ No greater than 15m 2 in area.□ Signed agreement by adjoining owner in accordance with Clause 3.2 of the Notification DCP adopted 28/06/99 has been received; | |
| 10 | Retaining Walls | □ Signed agreement by adjoining owner in accordance with Clause 3.2 of the Notification DCP adopted 28/06/99 has been received; | |
| □ Maximum 1.8m; | |||
| 11 | Skylights | □ Total of all to be no greater than 5m 2; | |
| □ Maximum height above roof surface = 300mm; | |||
| 12 | Subdivision for the purpose of minor adjustments corrections to boundaries | For one of the following purposes:(a) Adjustment of private boundaries where existing lawful access is not changed;(b) Rectification of an encroachment upon an allotment;(c) Creation of a public reserve by dedication and not by acquisition;(d) Excising land to be used for a public purpose from an existing allotment by dedication and not by acquisition; | |
| □ Maintains FSR, setbacks and open space required by the relevant sections of the Residential DCP;□ Maintains minimum lot size or greater for all parties;□ Does not create a new allotment; | |||
| 13 | Temporary & Portable Buildings | □ Maximum height of 3m; | |
| □ Area taken up must be no greater than 30m 2; | |||
| □ Must conform to setbacks provided in the relevant DCP;□ All behind the building line; | |||
| □ Must be declared in the application for a complying development certificate to be temporary only (that is, to be required for a period no exceeding one year); | |||
| □ Must not be used for residential purposes;□ Must not be used for storage or handling of inflammable materials; | |||
| □ Signed agreement by adjoining owners in accordance with Clause 3.2 of the Notification DCP adopted 28/06/99 has been received. |