New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 3.20

3.20 Calculating setbacks

(1) For the purpose of calculating the setback of an existing dwelling house, the location of any of the following is not included:

(a) any part of an existing garage or carport that is located between the building line of the dwelling house and a boundary with the primary road,

(b) any existing building element of a dwelling house that is located within the articulation zone.

(2) For the purpose of calculating the setbacks of the nearest two dwelling houses, those dwelling houses must be on the same side of the road as the lot.

(2A) For the purpose of calculating the setbacks of the nearest 2 dwelling houses as referred to in clause 3.14 (1) (a) and (3) (a), a dwelling house located on a battle axe block is to be disregarded.

(3) For the purpose of calculating the setbacks of a new dwelling house, any building element that is permitted in the articulation zone is not included.

(4) For the purpose of calculating setbacks for a battle-axe lot, the setback on the opposite side of the lot to the rear setback is taken to be a side setback.

(6) For the purpose of calculating the setback from a road, a reference to ancillary development does not include the following:

(a) a driveway, pathway or paving,

(b) an eave,

(c) a fence or screen,

(d) a retaining wall,

(e) any ancillary development that is a building element that is permitted in the articulation zone.