Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered RegulationsSchedule 1 Exemptions from requirement for development approval
(see s 20)
In this schedule:
"building line"—see the territory plan, volume 2, part 3 (Definitions).
"carport"—see the territory plan, volume 2, part 3 (Definitions).
"clearing", of native vegetation—see the Nature Conservation Act 1980 , section 74.
"designated development", in relation to land—see section 1.2.
"finished floor level"—see the territory plan, volume 2, part 3 (Definitions).
"general exemption criteria", for a development—see section 1.10.
"native vegetation"—see the Nature Conservation Act 1980 , section 73.
"surface water"—see the Water Resources Act 2007 , section 8.
"type", for a sign, means the sign type for the sign in the Signs General Code, appendix A.
1.2 Meaning of designated development —sch 1
In this schedule:
"designated development", in relation to land, means—
(a) building, altering or demolishing of a building or structure on the land; or
(b) carrying out earthworks or other construction work on or under the land; or
(c) carrying out work that would affect the landscape of the land.
1.3 Inconsistency between codes and this schedule
(1) This section applies if—
(a) this schedule applies to a development; and
(b) the schedule applies a code in relation to the development; and
(c) there is an inconsistency between the code and the schedule.
(2) This schedule prevails over the code to the extent of the inconsistency unless the code provides otherwise.
1.4 Exemption does not affect other territory laws
(1) An exemption under this schedule in relation to a development does not affect the operation of any other territory law relating to land use or the provision of services for the development.
Examples—laws not affected
• Environment Protection Act 1997
• Nature Conservation Act 1980
• Scaffolding and Lifts Act 1912
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2) To remove any doubt, the following provisions of this schedule do not limit the operation of subsection (1):
(a) section 1.14 (Criterion 4—heritage and tree protection);
(b) section 1.15
(Criterion 5—compliance with lease and other development
approvals).
Part 1.2 General exemption criteria for exempt developments
1.10 Exempt developments—general criteria
The following are the general exemption criteria for a development:
(a) section 1.11 (Criterion 1—easement and other access clearances);
(b) section 1.12 (Criterion 2—plumbing and drainage clearances);
(c) section 1.13 (Criterion 3—metallic, white and off-white exterior finishes in residential zones);
(d) section 1.14 (Criterion 4—heritage and tree protection);
(e) section 1.15 (Criterion 5—compliance with lease and other development approvals);
(f) section 1.16 (Criterion 6—development approval not otherwise required);
(g) section 1.17 (Criterion 7—no multiple occupancy dwellings);
(h) section 1.18 (Criterion 8—compliance with other applicable exemption criteria).
1.11 Criterion 1—easement and other access clearances
(1) A development must not cause any part of a building or structure to be located in—
(a) an easement or proposed easement; or
(b) a utility infrastructure access or protection space.
(2) In this section:
"easement" means an easement registered, or shown on a certificate of title, under the Land Titles Act 1925 .
"proposed easement" means a proposed easement shown on a deposited plan under the Districts Act 2002 or units plan under the Unit Titles Act 2001 .
"utility infrastructure access or protection space" means the space required under a utility rule —
(a) for a utility operator to have access to its infrastructure; or
(b) to protect or maintain clearances from utility infrastructure such as water supply pipes, sewerage systems, gas pipes and electricity conductors.
Examples
1 The electricity service and installation rules made under the Utilities Act 2000 require buildings or other structures to be kept clear of power lines by a stated dimension, to protect the powerlines from damage or to protect the electricity supply from interruption.
2 The water and sewerage service and installation rules made under the Utilities Act 2000 require access to stated utility infrastructure at the rear of a block to not be impeded by structures and an unhindered access route to the infrastructure of a stated width to be provided down at least one side of the block.
Note 1 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
Note 2 An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
"utility rule" means a rule, as in force from time to time, made under a technical code, as in force from time to time, made under the Utilities Act 2000 .
1.12 Criterion 2—plumbing and drainage clearances
A development must not cause a clearance for a pipe fitting opening or pipe fitting outlet to contravene AS/NZS 3500 ( Plumbing and Drainage Set ), as in force from time to time.
Example
A sewer vent must be above the surrounding surface. A development must not create a situation where surface water can flow into the vent.
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
1.13 Criterion 3—metallic, white and off-white exterior finishes in residential zones
(1) The building or alteration of an external wall or roof of a building or structure must not cause any part of the exterior of any metal lining sheet for the wall, or metal roofing sheet, to have a metallic, white or off-white finish.
(2) A development in a residential zone that involves the building of a fence must not cause any part of the exterior of any metal sheet for the fence to have a metallic, white or off-white finish.
(3) In this section:
"white or off-white", for a finish—see the territory plan, Residential Zones—Single Dwelling Housing Development Code , part C, rule 33.
1.14 Criterion 4—heritage and tree protection
A development must not contravene—
(a) the Heritage Act 2004 ; or
(b) the Tree Protection Act 2005 .
Note Other applicable laws must also be complied with (see s 1.4).
1.15 Criterion 5—compliance with lease and other development approvals
A development (the exempt development ) must not be inconsistent with—
(a) a condition of a development approval for another development on the block to which the exempt development relates; or
(b) a provision of the lease to which the exempt development relates; or
(c) an agreement collateral to the grant of a lease to which the exempt development relates.
Example
a land management agreement (see Act, s 283)
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
1.16 Criterion 6—development approval not otherwise required
A development must not be part of another development that requires development approval.
Examples
1 A rear deck and pergola are to be built with a house as a combined development. The deck and pergola are not exempt from requiring development approval because the house requires development approval.
2 A rear deck and pergola are to be added as a combined development to an existing house. The deck, if built on its own, would be exempt from requiring development approval. The pergola, if built on its own, is not exempt because it exceeds the size limitation in s 1.40. The deck is not exempt from requiring development approval because it is part of a combined development with the pergola that requires development approval.
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
1.17 Criterion 7—no multiple occupancy dwellings
A development must not increase the number of dwellings on a block to 2 or more dwellings.
1.18 Criterion 8—compliance with other applicable exemption criteria
A development must comply with any other criteria in part 1.3 (Exempt developments) that apply to the development.
Examples—other criteria applying to development
1 changing a house roof from metal sheet to tiles (see s 1.22) must also comply with the criteria in s 1.24 (Buildings—roof slope changes)
2 the replacement of a roof flue for a building (see s 1.22) must also comply with s 1.25 (Buildings—chimneys, flues and vents)
Note An example is
part of the regulation, is not exhaustive and may extend, but does not limit,
the meaning of the provision in which it appears (see Legislation Act,
s 126 and s 132).
Division 1.3.1 Exempt developments—minor building works
1.19 Temporary buildings and structures
(1) A designated development for a temporary, portable or demountable building or structure if—
(a) the building or structure is for use at the site of another development or an event; and
(b) if the building or structure is for use at the site of another development—the building or structure is associated with carrying out the other development; and
(c) the building or structure is removed before the end of the longer of the following periods:
(i) 1 year after the day the designated development for the building or structure begins;
(ii) if the planning and land authority extends, in writing, the 1-year period—the period as extended; and
(d) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
(2) In this section:
"event" means a fair, circus, carnival, celebration, market, show, concert, display, exhibition, competition, training event, recreational event or publicity event or similar activity.
1.20 Internal alterations of buildings
(1) A designated development for the internal alteration of a building if—
(a) the alteration does not do either of the following:
(i) change the building's class under the building code;
Note Class , for a building—see the dictionary.
(ii) increase the gross floor area of a non-residential building; and
(b) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
(2) In this section:
"non-residential building" means a building, or part of a building, that is—
(a) not used for residential purposes; and
(b) not a class 10 building associated with a building used for residential purposes.
1.21 Installation or alteration of external doors and windows
A designated development for the installation or alteration of an external door or window in a building if—
(a) the installation or alteration of the door or window involves no more than the following (each of which is a relevant activity ):
(i) removing an external door or window, or a part of an external wall, to leave an opening;
(ii) enlarging or reducing the opening;
(iii) installing any 1 or more of a wall, door or window in the opening; and
Note The installation or alteration of the door or window need not involve all of the matters mentioned in par (a).
(b) no part of the relevant activity is less than either of the following for the block on which the building is located:
(i) 1.5m from a side boundary;
(ii) 3m from a rear boundary; and
(c) the building's finished floor level immediately adjacent to the relevant activity is not more than 500mm above the natural ground level; and
(d) the exterior of the relevant activity has a horizontal opening span of not more than 2m; and
(e) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
Note 3 Changing the external appearance, material or finish of a building or structure may be subject to other laws, including heritage laws and energy efficiency provisions of building laws.
1.22 Exterior refinishing of buildings and structures
(1) In this section:
"excluded item" means—
(a) an external door or window; or
(b) a skylight for a building.
Note For external doors and windows, see s 1.21 and for skylights, see s 1.26.
"exterior item" means any of the following on the exterior of a building or structure:
(a) a wall, sill or fascia or an eave lining;
(b) a downpipe or flashing or guttering;
(c) trim;
(d) roofing or a roof duct, flue, gutter or vent;
(e) a vent pipe;
(f) a step or landing;
(g) a handrail or balustrade or other barrier that functions as a balustrade.
(2) A designated development for altering the exterior material or finish of a building or structure if—
(a) the alteration involves—
(i) painting the exterior of the building or structure to change its appearance, other than—
(A) painting a design or sign on the exterior of the building or structure; or
(B) painting the building for maintenance; or
Note For maintenance, see s 1.23.
(ii) replacing or covering an exterior item (other than an excluded item) of the building or structure with the same or a different material; and
Examples
1 changing a house roof from metal sheet to tile
2 changing weatherboard cladding to brick-veneer
3 rendering exterior brickwork with cement render
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(b) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
Note 3 Changing the external appearance, material or finish of a building or structure may be subject to other laws, including heritage laws and energy efficiency provisions of building laws.
1.23 Maintenance of buildings and structures
A designated development for the maintenance of a building or structure if—
(a) the maintenance does not involve changing the kind of material used for the part of the building or structure to which the maintenance relates; and
Examples—maintenance
1 replacing a building's rotted timber window frames to maintain the building's appearance and to weatherproof the building
2 replacing broken roof tiles to prevent water damage to the building
3 repairing a building's plant and equipment
Note 1 Replacing items such as windows or roofs might be subject to other laws, including heritage laws.
Note 2 An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(b) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
Note 3 Changing the external appearance, material or finish of a building or structure may be subject to other laws, including heritage laws and energy efficiency provisions of building laws.
1.24 Buildings—roof slope changes
(1) A designated development for changing the slope of all or part of a building's roof if—
(a) the change does not do any of the following:
(i) change the slope by more than 2 o ;
(ii) increase the volume or floor area of an existing attic;
(iii) create a new attic; and
(b) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
(2) In this section:
"attic"—see the territory plan, volume 2, part 3 (Definitions).
1.25 Buildings—chimneys, flues and vents
A designated development for a chimney, flue or vent for a building if—
(a) the chimney, flue or vent—
(i) penetrates, or is attached to, the building's roof; and
(ii) does not extend more than 1.5m above the lowest point of the roof where the chimney, flue or vent penetrates, or attaches to, the roof; and
(b) the designated development complies with the general exemption criteria that are applicable to the development.
Example—chimney that is an exempt development
A chimney penetrates a sloping roof. The vertical distance from the top of the chimney to the point where the chimney emerges from the roof's surface, on the downhill side of the chimney, is 1.45m.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
Note 3 An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
A designated development for a skylight in the roof of a building if—
(a) the external area of the skylight is not more than 2m 2 ; and
(b) the skylight does not project more than 150mm above the surface of the roof adjacent to the skylight; and
(c) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
Note 3 Changing the external appearance, material or finish of a building or structure may be subject to other laws, including heritage laws and energy efficiency provisions of building laws.
1.27 External photovoltaic panels, heaters and coolers
(1) A designated development for an externally mounted service for a block if—
(a) no part of the service is within 1.5m of a side boundary or rear boundary of the block; and
(b) if the service is mounted on a roof—the distance from the top of the service to the closest point of the roof is not more than 1.5m; and
(c) if the service is mounted on the ground—no part of the service is between a front boundary and a building line for the block; and
(d) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
(2) In this section:
"service"—
(a) means a photovoltaic panel, solar water heater, air conditioner or evaporative cooler; and
(b) includes the support structures (if any) for the panel, heater, air conditioner or evaporative cooler.
"solar water heater"—see the Building (General) Regulation 2008 , schedule 1, section 1.1.
1.28 Buildings—external switchboards
A designated development for a switchboard on the exterior of a building if the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
1.29 Buildings—external area lighting
(1) A designated development for area lighting on the exterior of a building if the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
Note 3 Other laws, including the Environment Protection Act 1997 " (see dict, def "pollutant , par (d)), apply in relation to the emission of electromagnetic radiation, including light.
(2) In this section:
"area lighting" means lighting to assist people to avoid obstacles while moving around the exterior of a building.
1.30 Residential leases—driveway crossings of road verges
(1) A designated development for a driveway across a road verge for a residential lease granted for a single dwelling if—
(a) only 1 dwelling has been built on the lease and a development application for another dwelling has not been made in relation to the lease; and
(b) the construction of the driveway will result in not more than 2 driveways for the lease; and
(c) the chief executive of the administrative unit responsible for municipal services has agreed, in writing, to the provision of the driveway; and
(d) the driveway is constructed in accordance with the consent; and
(e) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
Note 3 Residential lease —see the Act, s 234.
(2) In this section:
"road verge" means the area between the trafficable part of a road and the boundary of a lease adjacent to the road.
Note This item does not apply to that part of a driveway that is on the residential lease, but other provisions in this schedule might apply to that part of a driveway.
Division 1.3.2 Exempt developments—non-habitable buildings and structures
1.40 Class 10a buildings generally
(1) A designated development for a class 10a building, other than an outdoor deck or veranda, on a block if—
(a) the building does not exceed the size limitation for the block; and
(b) the building is not more than 3m high; and
(c) if the building is enclosed and has a floor area or plan area of more than 10m 2 —the building is at least 15m from the block's front boundary; and
Note Front boundary —see the territory plan, vol 2, pt 3 (Definitions).
(d) if the building is not enclosed and has a floor area or plan area of more than 25m 2 —the building is at least 15m from the block's front boundary; and
(e) if the building is a deck, landing, stairs, porch ramp or other similar structure—the height of the finished floor level is not more than—
(i) for any part of the building that is within 1.5m of a side boundary or rear boundary of the block—0.4m; and
(ii) in any other case—1m; and
Note Height —see the dictionary.
(f) if any part of the building is within 1.5m of a side boundary or rear boundary of the block—
(i) the building is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or
(ii) section 1.54 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the building; and
(g) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
(2) In this section:
class 10a building —
(a) see the building code; and
(b) includes the following:
(i) a garage, carport or shed;
(ii) a conservatory, greenhouse, gazebo, pergola, shelter, shade structure or hail protection structure, studio, workshop or cubbyhouse;
(iii) a stable, storeroom or other outbuilding;
(iv) a deck, veranda, porch, landing, stairs or ramp.
Note A swimming pool is not a class 10a building (see building code).
"enclosed"—
(a) a building is enclosed if it has at least 1 wall (whether or not it also has a roof); but
(b) a building is not enclosed only because it has a roof.
"floor area", of a building or structure, means the total horizontal area of the building or structure if viewed from above and measured from the inside of the building's or structure's external walls.
"size limitation", for a building in relation to a block, means—
(a) if the building is a garage—
(i) if the block is not more than 500m 2 —the building has a floor area of not more than 10m 2 ; or
(ii) if the block is at least 500m 2 but not more than 600m 2 —the building has a floor area of not more than 25m 2 ; or
(iii) if the block is more than 600m 2 —the building has a floor area of not more than 36m 2 ; or
(b) for any other class 10a building—
(i) if the block is not more than 500m 2 —the building has a plan area of not more than 10m 2 ; or
Note Plan area —see the dictionary.
(ii) if the block is at least 500m 2 but not more than 600m 2 —the building has a plan area of not more than 25m 2 ; or
(iii) if the block is more than 600m 2 —the building has a plan area of not more than 36m 2 .
1.41 Class 10a buildings—outdoor decks
(1) In this section:
"balustrade" includes a barrier that acts as a balustrade.
"deck" includes any of the following for the deck:
(a) external stairs or ramp;
(b) an external landing;
(c) a retaining wall.
(2) A designated development for an outdoor deck on a block if—
(a) the finished floor level of the deck is not more than—
(i) for any part of the deck that is either between a front boundary and a building line for the block or within 1.5m of a side boundary or rear boundary of the block—0.4m above finished ground level; and
(ii) in any other case—1m above finished ground level; and
Note Building line and "front boundary"—see the territory plan, vol 2, pt 3 (Definitions).
(b) if any part of the deck is between a front boundary and a building line for the block—that part of the deck does not have a balustrade; and
(c) if any part of the deck is behind a building line for the block—the top of any balustrade for that part of the deck is not more than 1.2m above the finished floor level for the deck; and
(d) if any part of the deck is within 1.5m of a side boundary or rear boundary of the block—
(i) the deck is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or
(ii) section 1.54 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the deck; and
(e) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
1.42 Class 10a buildings—outdoor verandas
(1) In this section:
"veranda" includes any of the following for the veranda:
(a) external stairs or ramp;
(b) an external landing;
(c) a retaining wall.
(2) A designated development for an outdoor deck or veranda on a block if—
(a) the veranda is attached to, or immediately adjacent to, a dwelling on the block; and
(b) the plan area of the veranda is not more than 10m 2 ; and
Note Plan area —see the dictionary.
(c) no part of the veranda is—
(i) higher than 3m above natural ground level; or
(ii) within 5.5m from the front boundary of the block; or
(iii) within 1.5m of a side boundary or rear boundary of the block; and
(d) if the veranda has a floor—no part of the floor is higher than 1m above finished ground level; and
(e) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
1.43 Class 10b structures—plan area not more than 2m 2
Note Class 10b structures include the following:
• a fence, retaining wall or freestanding wall
• a mast or antenna
• a swimming pool.
(1) A designated development for a class 10b structure, other than a sign, on a block if—
(a) the plan area of the structure is not more than 2m 2 ; and
Note Plan area —see the dictionary.
(b) the structure is not—
(i) wider than 2m; or
(ii) higher than 1.85m; and
(c) if the structure is not a single letterbox—no part of the structure is between a front boundary and a building line for the block; and
Note Building line and "front boundary"—see the territory plan, vol 2, pt 3 (Definitions).
(d) the height of any part of the structure that is within 1.5m of a side boundary or rear boundary of the block is not more than 0.4m; and
Note Height —see the dictionary.
(e) if any part of the structure is within 1.5m of a side boundary or rear boundary of the block—
(i) the structure is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or
(ii) section 1.54 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the structure; and
(f) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
1.44 Fences and freestanding walls generally
A designated development for a fence for, or freestanding wall on, a block if—
(a) the fence or wall is not higher than—
(i) for a mesh fence in an industrial zone—2.7m; or
(ii) in any other case—1.85m; and
(b) no part of the fence or wall is between a front boundary and a building line for the block; and
Note Building line and "front boundary"—see the territory plan, vol 2, pt 3 (Definitions).
(c) no part of the fence or wall diverts or concentrates the flow of surface water—
(i) in a way that causes ponding; or
(ii) onto other land; and
(d) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
Note 3 A metal fence must not have a white, off-white or metallic exterior finish (see s 1.13).
(1) A designated development for a retaining wall on a block if—
(a) no part of the retaining wall is between a front boundary and a building line for the block; and
Note Building line and "front boundary"—see the territory plan, vol 2, pt 3 (Definitions).
(b) the retaining wall is not higher than—
(i) if it is a cut-in retaining wall—
(A) for any part of the wall that is within 1.5m of a side boundary or rear boundary of the block—0.4m above natural ground level on the lowest side of the wall; and
(B) for any other part of the wall—1.2m above natural ground level on the lowest side of the wall; and
(ii) if it is a fill retaining wall—
(A) for any part of the wall that is within 1.5m of a side boundary or rear boundary of the block—0.4m above natural ground level on the lowest side of the wall; and
(B) for any other part of the wall—1m above natural ground level on the lowest side of the wall; and
(iii) if it is a combination retaining wall—
(A) for any part of the wall that is within 1.5m of a side boundary or rear boundary of the block—0.4m above natural ground level on the lowest side of the wall; and
(B) for any other part of the wall—1.2m above natural ground level on the lowest side of the wall; and
(c) if any part of the retaining wall is within 1.5m of a side boundary or rear boundary of the block—
(i) the retaining wall is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or
(ii) section 1.54 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the retaining wall; and
(d) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
(2) In this section:
"combination retaining wall" means a retaining wall that is both a cut-in retaining wall and a fill retaining wall.
"cut-in retaining wall" means a wall, or that part of a wall, retaining earth below natural ground level.
"fill retaining wall" means a wall, or that part of a wall, retaining earth above natural ground level.
(1) A designated development for a swimming pool on a block if—
(a) no part of the pool, or an associated structure, is—
(i) between a front boundary and a building line for the block; or
(ii) within 1.5m of a side boundary or rear boundary for the block; and
(b) if the pool includes an associated structure with an elevated floor—the structure's floor is not more than 1m above natural ground level; and
(c) the pool's capacity is not more than 45kL; and
(d) the top of the pool reservoir is not more than 1.5m above natural ground level; and
Note Natural ground level —see the territory plan, vol 2, pt 3 (Definitions).
(e) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
(2) In this section:
"associated structure", in relation to a swimming pool—
(a) includes a deck, landing, stairs or ramp, for the pool; but
(b) does not include a retaining wall or landscaping for the pool.
"swimming pool"—see the Building (General) Regulation 2008 , schedule 1, section 1.1.
A designated development for a water tank on a block if—
(a) the tank does not have a capacity of more than 20kL; and
(b) the tank is not higher than 2.45m; and
(c) no part of the tank is located between a front boundary and a building line for the block; and
(d) if any part of the tank is within 1.5m of a side boundary or rear boundary of the block—
(i) the tank is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or
(ii) section 1.54 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the tank; and
(e) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
Note 3 A metal tank must not have a white, off-white or metallic exterior finish (see s 1.13).
A designated development for an external pond on a block if—
(a) the pond is not for, or used for, swimming, wading or bathing; and
(b) the maximum depth of water the pond can hold is not more than 300mm; and
(c) the surface area of the water in the pond is not more than 6m 2 when the pond is filled to its maximum water level (without overtopping effects); and
(d) no part of the pond is within 1.5m of a side boundary or rear boundary of the block; and
(e) no part of the pond is located between a front boundary and a building line for the block; and
Note Building line and "front boundary"—see the territory plan, vol 2, pt 3 (Definitions).
(f) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
A designated development for an animal enclosure on a block if—
(a) the horizontal area enclosed is not more than 10m 2 ; and
(b) the enclosure's height is not more than 3m; and
Note Height —see the dictionary.
(c) no part of the enclosure is between a front boundary and a building line for the block; and
Note Building line and "front boundary"—see the territory plan, vol 2, pt 3 (Definitions).
(d) if any part of the enclosure is within 1.5m of a side boundary or rear boundary of the block—
(i) the enclosure is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or
(ii) section 1.54 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the enclosure; and
(e) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
Note 3 Other laws, including animal welfare laws, may be relevant (see s 1.4).
(1) A designated development for a clothes line on a block if—
(a) the clothes line's height is not more than 3m (including any extendable height); and
Note Height —see the dictionary.
(b) total line length is not more than 60m and the span or cantilever of any support is not more than 3m; and
(c) no part of the clothes line is between a front boundary and a building line for the block; and
Note Building line and "front boundary"—see the territory plan, vol 2, pt 3 (Definitions).
(d) if any part of the clothes line is within 1.5m of a side boundary or rear boundary of the block—
(i) the clothes line is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or
(ii) section 1.54 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the clothes line; and
(e) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
(1) In this section:
dish antenna means a parabolic antenna with a solid, wire or mesh dish and includes the support structures for the antenna.
(2) A designated development for a dish antenna on a block if—
(a) the antenna is a receiving antenna only or an antenna that can send and receive a signal; and
(b) if the antenna is mounted on the ground—
(i) the diameter of the antenna is not more than 1.55m; and
(ii) no part of the antenna is more than 3m above the natural ground level; and
(c) if the antenna is externally mounted on a building in a residential area—
(i) the diameter of the antenna is not more than 0.65m; and
(ii) if the building is a single dwelling where the closest point of the dwelling's roof to the antenna is lower than the highest point of the antenna—the distance from the highest point of the antenna to the closest point on the roof is not more than 1.5m; and
(d) if the antenna is externally mounted on a building in a non-residential area—
(i) the diameter of the antenna is not more than 1.55m; and
(ii) if the closest point of the building's roof to the antenna is lower than the highest point of the antenna—the distance from the highest point of the antenna to the closest point on the roof is not more than 2m; and
(iii) the antenna is screened so that it cannot be seen by a 2m tall person standing on the ground less than 100m from the antenna; and
(iv) the antenna's colour matches the adjacent colour of the building or is the colour of the antenna as manufactured; and
(e) if any part of the antenna is within 1.5m of a side boundary or rear boundary of the block—
(i) the antenna is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or
(ii) section 1.54 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the antenna; and
(f) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
(1) In this section:
"mast antenna" means a tower, pole or aerial structure and includes the support structures for the antenna.
(2) A designated development for a mast antenna on a block if—
(a) the antenna is a receiving antenna only or an antenna that can send and receive a signal; and
(b) the diameter of the antenna is not more than 0.75m; and
(c) if the antenna is mounted on the ground—
(i) no part of the antenna is more than 6m above the natural ground level; or
(ii) if any part of the antenna is within 1.5m of a side boundary or rear boundary of the block—no part of the antenna is more than 6m above the natural ground level; and
(d) if the antenna is mounted on a building—
(i) no part of the antenna is more than 1.5m above the highest point of the building; and
(ii) the antenna's colour matches the colour of the building; and
(e) if any part of the antenna is within 1.5m of a side boundary or rear boundary of the block—
(i) the antenna is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or
(ii) section 1.54 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the antenna; and
(f) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
1.54 Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area
(1) In this section:
"boundary clearance area", for a side boundary or rear boundary of a block, means the area between the boundary and a line drawn 1.5m inside the block and parallel to the boundary.
class 10 building or structure does not include a sign installed on land.
"relevant cross-section area", of a building or structure partially or fully within a boundary clearance area, means the area of the largest cross-section of the building or structure at any point in the area when measured in a plane parallel to the boundary.
(2) A designated development for a class 10 building or structure (the 2nd thing ) in a boundary clearance area of a block if—
(a) an existing class 10 building or structure (the 1st thing ) is partially or fully in a boundary clearance area of the block; and
(b) the 2nd thing would be exempt under another section of this schedule if the 1st building were not located partially or fully within the boundary clearance area; and
(c) the 2nd thing is not a boundary fence; and
(d) the 1st thing and 2nd thing—
(i) are the only class 10 buildings or structures (other than a boundary fence) that are partially or fully within the boundary clearance area; and
(ii) have a combined relevant cross-section area above natural ground level of not more than 30m 2 ; and
(e) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
(3) To remove any doubt, this section applies in relation to the boundary clearance area of each side boundary and rear boundary of a block.
Example
A regular-shaped garden shed faces parallel to and is 1m from the boundary of a block. Its relevant cross-section area is the rectangle bounded by the wall that faces the boundary and by the edge of its roof, a total area of 15m 2 .
The block's owner proposes to build a 2nd class 10a building which is a circular rotunda with a domed roof. Its relevant cross-section area is the largest cross-section of the rotunda at any point in the area when measured in a plane parallel to the boundary, a total area of 18m 2 .
Because the combined relevant cross-section areas of shed and rotunda are more than 30m 2 the rotunda does not comply with this section and is not exempt from a development application.
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Division 1.3.3 Exempt developments—signs
1.55 Signs attached etc to buildings, structures and land
The putting up, attaching or displaying of a sign (whether permanent or temporary) on land, or to a building or structure on land, if—
(a) the sign is put up, attached or displayed in such a way that the sign cannot be removed without—
(i) for a sign attached to or displayed on a building or structure—damaging the sign, building or structure or unfastening the sign; and
(ii) for a sign put up or displayed on the ground—disturbing the ground; and
(b) the sign is of a type mentioned in column 1 of a table in this schedule, part 1.5 (Tables of exempt signs) and is located in a zone for which the letter ‘A' appears in the column for the zone in which the building, structure or land is located; and
Note Type , of sign—see s 1.1.
(c) the sign complies with the relevant rules of the Signs General Code; and
(d) the putting up, attaching or displaying of the sign complies with the general exemption criteria that are applicable to the development.
Note 1 General exemption criteria —see s 1.10.
Note 2 Fixed signs that encroach into unleased land require a licence under the Act, pt 9.11.
Note 3 Other laws, including the Roads and Public Places Act 1937 , may regulate the placement of the sign.
1.56 Moveable signs in public places
(1) The display of a moveable sign in a public place if—
(a) the sign does not impede public access to a place (including a public place); and
(b) the surface area of any side of the sign is not more than 1.5m 2 ; and
(c) the vertical distance from the top of any side of the sign to the bottom of the side is not more than 1.5m; and
(d) the display of the sign complies with the general exemption criteria that are applicable to the development.
Note 1 General exemption criteria —see s 1.10.
Note 2 Other laws, including the Roads and Public Places Act 1937 , may regulate the placement of the sign.
(2) In this section:
"moveable sign" means a sign that is not fixed to a building or structure.
"public place"—see the Roads and Public Places Act 1937 , dictionary.
Putting up, attaching or displaying a sign if—
(a) the sign is of a type mentioned in column 1 of a table in this schedule, part 1.5 (Tables of exempt signs) and is located in a zone for which the letter ‘T' appears in the column for the zone in which the building, structure or land is located; and
Note Type , of sign—see s 1.1.
(b) the sign complies with the requirements (if any) of the Signs General Code in relation to the sign; and
(c) the sign is put up, attached or displayed for not more than 2 weeks in any 1 calendar year; and
(d) the putting up, attaching or displaying of the sign complies with the general exemption criteria that are applicable to the development.
Note 1 General exemption criteria —see s 1.10.
Note 2 Temporary signs that encroach into unleased land require a licence under the Act, pt 9.11.
Note 3 Other laws, including the Roads and Public Places Act 1937 , may regulate the placement of the sign.
1.58 Signs—information about future urban areas
Putting up, attaching or displaying a sign containing information about a future urban area if—
(a) the information on the sign—
(i) is approved by the Territory; and
(ii) is not about the marketing or sale of the land; and
(b) neither of the horizontal or vertical dimensions of the sign are longer than 2m; and
(c) not more than 1 dimension of the sign is longer than 1.5m; and
(d) no part of the sign is more than 2.5m above the finished ground level; and
(e) the putting up, attaching or displaying of the sign complies with the general exemption criteria that are applicable to the development.
Note 1 General exemption criteria —see s 1.10.
Note 2 Future urban area —see the Act, dictionary.
Division 1.3.4 Exempt developments—lease variations
1.70 Lease variations—exempt developments
The variation of a lease for the purpose only of allowing a development that is exempt under another section of this schedule if the variation of the lease complies with the general exemption criteria that are applicable to the development.
Note General exemption criteria —see s 1.10.
1.71 Lease variations—withdrawal of part of land
The variation of a lease for the withdrawal of part of the land comprised in the lease if the variation of the lease complies with the general exemption criteria that are applicable to the development.
Note General exemption criteria —see s 1.10.
1.72 Lease variations—subdivision for unit titles
The variation of a lease for the purpose of subdividing the land under the Unit Titles Act 2001 if the variation of the lease complies with the general exemption criteria that are applicable to the development.
Note General exemption criteria —see s 1.10.
1.73 Lease variations—other subdivisions
The variation of a lease for the purpose of subdividing the land (other than a subdivision to which section 1.72 applies) if—
(a) the lease was granted for purposes including development and subdivision; and
(b) the land over which the lease was granted has been developed in accordance with the lease; and
(c) the variation of the lease complies with the general exemption criteria that are applicable to the development.
Note General exemption criteria —see s 1.10.
Division 1.3.5 Exempt developments—rural leases
1.80 Rural lease developments generally
A designated development on a rural lease if—
(a) if the development is the building or alteration of a building or structure—the development has a plan area of not more than 100m 2 ; and
Note Plan area —see the dictionary.
(b) the development does not result in the clearing of more than 0.5ha of native vegetation; and
Note Native vegetation —see the Nature Conservation Act 1980 , s 73.
(c) the development is not contrary to a land management agreement; and
(d) the development does not require any of the following:
(i) a licence under the Water Resources Act 2007 ;
(ii) an environmental authorisation or environmental protection agreement under the Environment Protection Act 1997 ;
(iii) an approval under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth); and
Note 1 Under the Water Resources Act 2007 a licence may be required to do development work for water, including work on a water bore, increasing the quantity of ground water or taking water from a waterway.
Note 2 Under the Environment Protection Act 1997 an environmental authorisation or environmental protection agreement may be required to do certain development work, including work causing pollution.
Note 3 Under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) an approval may be required to do certain development work, including work that reduces the population of certain species.
(e) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
1.81 Rural leases—consolidation of rural leases
The consolidation of rural leases if the consolidation of the leases complies with the general exemption criteria that are applicable to the development.
Note 1 For restrictions on the consolidation of rural leases, see the Act, div 9.7.2 and this regulation, pt 5.6.
Note 2 General exemption criteria —see s 1.10.
Division 1.3.6 Exempt developments—Territory developments
(1) A designated development for minor public works carried out by or for the Territory on unleased land if—
(a) the development does not require an environmental authorisation or environmental protection agreement under the Environment Protection Act 1997 ; and
(b) if the development is—
(i) the building or alteration of a bicycle parking facility—the building or alteration of the facility is in accordance with the relevant rules in the Bicycle Parking General Code; or
Note Relevant rules —see the Act, dictionary.
(ii) the building, alteration or demolition of a bus shelter or bin to which the bus shelter master plan, as in force from time to time, applies—
(A) the bus shelter or bin is in accordance with the master plan; and
(B) if the street furniture agreement applies to the shelter or bin—the shelter or bin is built, altered or demolished in accordance with the agreement; or
(iii) the installation of a parking control sign or traffic control device—the sign or device is of a kind to which AS 1742 ( Manual of Uniform Traffic Control Devices ), as in force from time to time, applies; or
(iv) the building or alteration of a road safety barrier—the barrier is of a kind to which AS/NZS 3845 ( Road Safety Barrier Systems ), as in force from time to time, applies; and
(c) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
(2) In this section:
"bus shelter master plan" means a plan for the location of bus shelters prepared by the administrative unit responsible for transport policy that is approved by the planning and land authority.
Note An approval is a notifiable instrument (see s (3)).
"minor public works"—
(a) means any of the following:
(i) street and park furniture;
Examples
1 a bench, table, rubbish bin, barbecue, water fountain, bus shelter, bike rack, bollard, planter box, street tree guard and root cover, guard rail
2 playground equipment
3 a parking meter, parking ticket machine, street sign, parking control sign, traffic control device or streetlight
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(ii) the surfacing, resurfacing or repair of the trafficable surface of a road, bridge, car park or cycle path; but
(b) does not include the construction of public toilets.
"parking control sign"—see the Australian Road Rules, dictionary.
"street furniture agreement" means the contract between the Territory and Adshel Street Furniture Pty Ltd, contract number C06654 on the ACT Government Contracts Register.
"traffic control device"—see the Australian Road Rules, dictionary.
(3) An approval of a bus shelter master plan is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
Work by or for the Territory that affects the landscape of land if—
(a) the work does not involve any of the following:
(i) timber harvesting to produce merchantable timber or products; or
(ii) clearing native vegetation; or
Note Clearing native vegetation—see the Nature Conservation Act 1980 , s 74.
(iii) clearing a tract of a forest or arboretum; and
(b) the work complies with the general exemption criteria that are applicable to the development.
Note General exemption criteria —see s 1.10.
(1) The planting or harvesting of plantation trees by or for the Territory in an area identified as a P4 (Plantation forestry precinct) precinct in the territory plan if the planting or harvesting of the trees complies with the general exemption criteria that are applicable to the development.
Note General exemption criteria —see s 1.10.
(2) In this section:
"plantation tree"—
(a) means a tree cultivated to produce a harvest; and
(b) includes a tree naturally generated by a plantation tree.
(1) A designated development carried out by or for the Territory for the protection of waterways if—
(a) the chief executive of the administrative unit responsible for municipal services has agreed, in writing, to the work; and
(b) the work does not result in the clearing of more than 0.5ha of native vegetation; and
Note Native vegetation —see the Nature Conservation Act 1980 , s 73.
(c) the work is not contrary to a land management agreement; and
(d) the work does not require any of the following:
(i) a licence under the Water Resources Act 2007 ;
(ii) an environmental authorisation or environmental protection agreement under the Environment Protection Act 1997 ;
(iii) an approval under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth); and
Note 1 Under the Water Resources Act 2007 a licence may be required to do development work for water, including work on a water bore, increasing the quantity of ground water or taking water from a waterway.
Note 2 Under the Environment Protection Act 1997 an environmental authorisation or environmental protection agreement may be required to do certain development work, including work causing pollution.
Note 3 Under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) an approval may be required to do certain development work, including work that reduces the population of certain species.
(e) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
(2) In this section:
"waterway"—see the Water Resources Act 2007 , section 10.
1.94 Emergencies affecting public health or safety or property
(1) A development carried out by or for the Territory if the development is carried out because of an emergency to protect—
(a) public health or safety; or
(b) property.
Note Other territory laws must be complied with (see s 1.4).
(2) In this section:
"emergency"—see the Emergencies Act 2004 , dictionary.
1.95 Temporary flood mitigation measures
A designated development carried out by or for the Territory if the development is carried out for temporary flood mitigation.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
Note 3 Other territory laws must be complied with (see s 1.4).
Division 1.3.7 Exempt developments—other exemptions
1.100 Single dwellings—new residential land
(1) The building of a single dwelling on a block if—
(a) another dwelling has not been built on the block; and
(b) the dwelling complies with—
(i) the relevant rules in any relevant precinct code; and
(ii) to the extent that they are not inconsistent with the relevant rules in a relevant precinct code—the relevant rules in the Residential Zones Single Dwelling House Development Code; and
Note Relevant rules —see the Act, dictionary. See also s (2).
(c) the building of the dwelling complies with the general exemption criteria that are applicable to the development.
Note 1 General exemption criteria —see s 1.10.
Note 2 Other territory laws, including the Heritage Act 2004 , must be complied with (see s 1.4 and s 1.14).
(2) To remove any doubt, a code requirement is not inconsistent with the code requirements of another code only because one code deals with a matter and the other does not.
1.101 Buildings and structures—demolition
The demolition of a building or structure if—
(a) were the building or structure to be built, it would be an exempt development; and
(b) the demolition of the building or structure complies with—
(i) the relevant rules in the Residential Zones Single Dwelling House Development Code; and
Note Relevant rules —see the Act, dictionary.
(ii) the general exemption criteria that are applicable to the development.
Note General exemption criteria —see s 1.10.
1.102 Temporary use of land for emergency services training etc
(1) In this section:
"authorised entity" means—
(a) the Australian Defence Force; or
(b) the Australian Federal Police; or
(c) an emergency service; or
Note Emergency service —see the Legislation Act, dictionary, part 1.
(d) any other Territory, Commonwealth or State entity authorised in writing by the planning and land authority.
"notifiable activity", in relation to a block of land, means—
(a) damaging a building or structure on the land; or
(b) simulating a violent incident in relation to the land; or
(c) simulating an emergency response in relation to the land.
(2) A designated development or the use of land for training or testing of things by an authorised entity if—
(a) if the training or testing includes a notifiable activity—
(i) the training or testing is carried out on the land during ordinary business hours on not more than 2 consecutive days in any year; and
(ii) at least 5 days before the day the training or testing is to be carried out, the authorised entity gives written notice of the following to the occupier of each place (other than unleased land) adjoining the land:
(A) when the training or testing will be carried out;
(B) the general nature of the training or testing; and
Note For how documents may be given, see the Legislation Act, pt 19.5.
(b) the designated development or use complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
Note 3 Use land—see the Act, s 8.
1.103 Utility and telecommunications services
(1) The following developments if the development complies with the general exemption criteria that are applicable to the development:
(a) the installation of a connection of not more than 50m connecting a consumer's premises to an electricity, water, sewerage, stormwater, gas or telecommunications service;
(b) the installation of an electricity, water, sewerage, gas or telecommunications service in accordance with an approved estate development plan;
(c) maintenance carried out only to maintain an electricity, water, sewerage, stormwater, gas or telecommunications service.
Note 1 General exemption criteria —see s 1.10.
Note 2 Estate development plan —see the Act, s 94.
(2) In this section:
"premises" includes land.
(1) Landscape gardening, other than the construction of a retaining wall, that affects the landscape of land if—
(a) the landscape gardening is—
(i) on land leased for residential purposes; or
(ii) prescribed landscaping (whether or not the land is leased for residential purposes); and
Note Prescribed landscaping —see s (3).
(b) if the landscape gardening affects an existing public pedestrian access way, footpath or bicycle path—the landscape gardening maintains the existing public access to the access way, footpath or bicycle path; and
(c) the landscape gardening complies with the general exemption criteria that are applicable to the development.
Note 1 General exemption criteria —see s 1.10.
Note 2 For retaining walls generally, see s 1.46. (Other provisions about decks (see s1.41), verandas (see s 1.42) and swimming pools (see s 1.47) may be relevant.)
Note 3 If unleased land is affected by the landscape gardening, a licence under the Act or a permit under the Roads and Public Places Act 1937 may be required.
(2) For subsection (1) (c), section 1.11 (Criterion 1—easement and other access clearances) does not apply to the landscape gardening if it does not involve the construction or installation of a structure.
(3) In this section:
"prescribed landscaping" means landscaping in relation to any of the following:
(a) a footpath;
(b) a landing;
(c) any other landscape structure (other than a retaining wall), or earthworks, if the vertical distance from the top of the structure or earthworks to the natural ground level is not more than—
(i) if the top of the structure or earthworks is above the natural ground level—0.4m; or
(ii) if the top of the structure or earthworks is below the finished ground level—1.2m.
Note Natural ground level and "finished ground level"—see the territory plan, vol 2, pt 3 (Definitions).
1.105 Works under Water Resources Act by non-territory entities
(1) A designated development if—
(a) the development is to give effect to a direction under any of the following provisions of the Water Resources Act 2007 :
(i) section 72 (1) (Direction to modify or remove water structure);
(ii) section 73 (2) Direction to rectify effect of unauthorised activity etc);
(iii) section 74 (2) (Direction to prevent or rectify damage to bed or bank of waterway); and
(b) the designated development complies with the general exemption criteria that are applicable to the development.
Note 1 Designated development —see s 1.2.
Note 2 General exemption criteria —see s 1.10.
(2) To remove any doubt, this section does not apply to a designated development in accordance with the Water Resources Act 2007 , section 74 (1) (which places a duty on the owner or occupier to take reasonable steps to prevent damage to the bed or banks of the waterway).
1.106 Resiting of buildings with development approval
The horizontal resiting of a building on a block if—
(a) development approval has been given for the building; and
(b) the development approval does not require the building be built immediately adjacent to a boundary of the block; and
(c) the building is resited not more than 150mm horizontally from where the approval shows the building is to be sited; and
(d) the resiting does not result in the building being located less than 900mm from a boundary of the block; and
(e) the resiting of the building complies with the general exemption criteria that are applicable to the development.
Note General exemption criteria —see s 1.10.
Example
The development approval for a building requires the horizontal distance between the building and an adjacent boundary to be 2000mm. The building is built with the distance being 1900mm (100mm less than required). This resiting of the building is an exempt development.
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
1.107 Resiting of exempt buildings
The horizontal resiting of a building on a block if—
(a) apart from this section, the building is exempt from requiring development approval because it is located within a horizontal location criterion that must be met for the building to be exempt; and
(b) the criterion does not require the building be built 150mm off a boundary of the block; and
(c) the resiting does not result in the building contravening the criterion by more than 50mm horizontally; and
(d) the resiting of the building complies with the general exemption criteria that are applicable to the development.
Note General exemption criteria —see s 1.10.
Example
Construction of a house is exempt from requiring a development approval if the house will comply with the exemption criteria in a code under the territory plan. One criterion requires the house to be no closer than 1.50m to a side boundary. The house is constructed 1.45m horizontally from the boundary (50mm less than required). The resiting of the house is an exempt development because the resiting contravenes the criterion by no more than 50mm.
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
1.108 Home businesses conducted from residential leases
(1) The conduct of a home business from a residential lease if—
Note Residential lease —see the Act, s 234.
(a) not more than 2 people work on the lease at any time; and
(b) anyone who works on the lease in the business genuinely lives on the lease; and
(c) all goods and materials relating to the business (other than goods or materials kept on another lease) must be kept—
(i) in buildings or structures that are lawfully on the lease; and
(ii) in a way that the goods and materials cannot be seen from outside the lease; and
Examples—building or structure lawfully on lease—subpar (i)
1 the building or structure is exempt from the Building Act 2004 or has been certified under that Act, s 48 and has development approval under the Planning and Development Act 2007 or is an exempt development under that Act
2 an ex-government house that did not require building approval for its construction
Example—building not lawfully on lease—subpar (i)
A shed, when constructed, is exempt from the Building Act 2004 and an exempt development under the Planning and Development Act 2007 . It is lawful. However, the shed is subsequentially altered in a way that makes it not exempt under 1 of the Acts. The shed is then not lawfully on the lease.
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(d) the area of the lease used for the business (including storage) is not more than 40m 2 ; and
(e) any vehicles at the lease for the purposes of the business are parked—
(i) on the lease in a driveway, garage, carport or location screened from any part of the road on which the lease is located; or
(ii) if the business is operated from a unit under the Unit Titles Act 2001 —in parking for the unit; and
(f) the conduct of the business complies with the Environment Protection Act 1997 ; and
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
(g) averaged over a period of 7 days, the conduct of the business does not generate more than 5 vehicle arrivals each day at the lease; and
(h) any sign relating to the business is exempt from requiring development approval under this schedule, division 1.3.3 (Exempt developments—signs); and
(i) the conduct of the home business complies with the general exemption criteria that are applicable to the development.
Note General exemption criteria —see s 1.10.
(2) In this section:
"home business"—see the Act, section 247 (3).
1.109 Designated areas—developments not involving lease variations
A development in a designated area if—
(a) the development does not involve the variation of a lease; and
(b) the development complies with the general exemption criteria that are applicable to the development.
Note 1 General exemption criteria —see s 1.10.
Note 2 Designated area —see the Australian Capital Territory (Planning and Land Management) Act 1988 (Cwlth), s 4.
Part 1.5 Tables of exempt signs
Note to pt 1.5
This part relates to s 1.55 (Signs attached etc to buildings, structures and land) and s 1.57 (Temporary signs).
Table 1.5.1 Exempt signs: commercial and
industrial zones
Commercial and industrial zones | ||||||||
|---|---|---|---|---|---|---|---|---|
| | CZ1 | CZ2 | CZ3 | CZ4 | CZ5 | CZ6 | IZ1 | IZ2 |
| Type of sign | | | | | | | | |
| Awning/fascia sign | A | A | A | A | A | | A | A |
| Blind sign | A | A | A | A | | | A | A |
|
Business plate sign | A | A | A | A | A | A | A | A |
| Canopy sign |
A | A | A | A | | | A | A |
| Changeable message sign | A | A | A |
A | A | | A | A |
| Construction site fence sign | A | A | A | A | A | A | A | A |
| Display home/development site sales sign | T | T | T | T | T | T | T | T |
| Event sign | T | T | T | T | T | T | T | T |
Fence sign | | | | | | | | |
| Flag pole sign | | | | | | | | |
| Ground sign | A | A | A | A | A | | A | A |
| Hamper sign | A | A | A | A | A | | A | A |
| High rise building sign | | | | | | | | |
| Inflatable sign | | | | | | | | |
| Information sign | A | A | A | A | A | A | A | A |
| Lantern sign | A | A | A | A | A | A | A | A |
| Mobile sign |
||||||||
Pole sign | A | A | A | A | A | | | |
| Projecting sign | | | | | | | |
|
Pylon/column sign | | | | | | | | |
| Roof sign | | | | | | | | |
|
Stallboard sign | A | A | A | A | A | | A | A |
| Territory signs | |
| A | A | ||||
| Under awning sign | A | A | A | A | A | | A | A |
|
Vertical banner building sign | | | | | | | A | A |
| Vertical banner freestanding sign | | | | | | | A | A |
| Wall sign | | | | | | | A | A |
Window sign | A | A | A | A | A | | A | A |
Table 1.5.2 Exempt signs: zones other than
commercial and industrial zones
Zones other than commercial and industrial zones | ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| | RZ1 | RZ2 | RZ3 |
RZ4 | RZ5 | RZ6 | CFZ | PRZ1 | PRZ2 | other |
| Type of sign | | | | |
| |||||
Awning/fascia sign | | | | | | | | | | |
| Blind sign | | | | | | | A | | |
|
Business plate sign | A | A | A | A | A | A | A | A | A | A |
|
Canopy sign | | | | | | | | | | |
| Changeable message sign | | | | | | | | |
||
Construction site fence sign | A | A | A | A | A | A | A | A | A | A |
Display home/development site sales sign | | | | | | | | | | |
| Event sign | | | | | | | T | | T | |
| Fence sign | | | | | | | | | | |
| Flag pole sign | | | | | | | | | | |
| Ground sign | | | | | | | | | | |
| Hamper sign | | | | | | | | | | |
| High rise building sign | | | | | | | | | | |
|
Inflatable sign | | | | | | | | | | |
| Information sign | A | A | A | A | A | A | A | | A | A |
| Lantern sign | A | A | A | A | A | A | A |
A | A | A |
| Mobile sign | | | | | | | | | | |
| Pole sign | | | | | | |
| |||
Projecting sign | | | | | | | | | | |
| Pylon/column sign | | | | | | | | | |
|
Roof sign | | | | | | | | | | |
| Stallboard sign | | | | | | | | | | |
|
Territory signs | | | | | | | | | | |
| Under awning sign | | | | | | | | | |
|
Vertical banner building sign | | | | | | | | | | |
| Vertical banner freestanding sign | | | | | | | | | | |
| Wall sign | | | | | | | | | | |
|
Window sign | | | | | | | | | | |