New South Wales Consolidated Regulations New South Wales Consolidated Regulations(1) The objective of this clause is to prescribe building envelopes, external wall heights, landscaped areas and rear boundary setbacks which--(a) achieve site-responsive development at a scale which is compatible with existing housing in the locality by controlling visual impacts relating to height and bulk, and(b) minimise the impact of loss of privacy, overshadowing and loss of views, and(c) achieve an appropriate separation between buildings and site boundaries and preserve private open space corridors along rear fence lines, and(d) protect and enhance the environmental features, which are characteristic of each of the residential zones, by requiring sufficient space on-site for effective landscaping and on-site stormwater detention.
(2) For the purposes of this clause--
"building envelope" for a site means a height plane over the site at 45 degrees from a specified height above natural ground level at the side boundaries of the site, as described in Diagram 1.
"external wall height" of a building means the vertical distance measured between natural ground level at any point at which the building is sited and the topmost point of any external or enclosing wall within the development site, but excluding the sides and faces of any dormer windows, as described in Diagram 1.
"landscaped area" , of a site, means that part of the site not occupied by a building and which is predominantly landscaped with gardens, lawns, shrubs and trees and is available for the use and enjoyment of the occupants of the site. It does not include areas used for driveways, parking areas, garbage storage areas or any area less than 2 metres wide, except a verge at least 1 metre wide that is located next to a driveway and landscaped with trees and shrubs, but may include a verandah associated with a landscaped area.
"verandah associated with a landscaped area" means a verandah that--(a) is attached to a dwelling, and(b) is associated with a landscaped area that is designated open space for that dwelling and which is not greater than 15m 2 in area.
(3) The council must not grant consent to development that involves the erection of a building in Zone No 2 (a1), 2 (a), 2 (b), 2 (c), 2 (d) or 2 (e) unless the building is wholly within the building envelope, and does not contravene the maximum external wall height or minimum landscaped area, for the zone calculated in accordance with Table 4 below--Table 4
Zone No Building envelope specified height at side boundary Maximum external wall height Minimum landscaped area 2 (a1) 1.8 m 6.5 m 60% 2 (a) 1.8 m 6.5 m 50% 2 (b) 1.8 m 6.5 m 50% 2 (c) 1.8 m 3.5 m 40% 2 (d) 1.8 m 6.5 m 40% 2 (e) 6.5 m 10.5 m 35%
(4) The council must not grant consent to development that involves the erection of a building unless--(a) that building is set back at least 6 metres from the rear boundary of the site or, in the case of a single storey building in Zone No 2 (a), 2 (b), 2 (c), 2 (d) or 2 (e), at least 4 metres from the rear boundary of the site, and(b) the land within the rear boundary setback is used for the purposes of landscaped area only.
(5) Despite any other provision of this plan, the council must not grant consent to development which involves--(a) the erection of a second dwelling on an allotment in Zone No 2 (a) or 2 (b) on which there is an existing dwelling house if the external wall height of the second dwelling will exceed 3.5 metres, or(b) the erection of two detached dwellings on a vacant allotment in Zone No 2 (a) or 2 (b) if the external wall height of the dwelling furthest from the street exceeds 3.5 metres, or(c) a dual occupancy on an allotment in Zone No 2 (r) or 2 (r1) unless the dwellings are attached, or(d) the erection of a building for the purpose of a dual occupancy on an allotment in Zone No 2 (a1) if that building exceeds one storey.
(6) Despite any other provisions of this clause, the council may consent to a building which is not wholly within the relevant building envelope or contravenes the maximum wall height control if, in the opinion of the council, the application demonstrates that a variation to those controls is necessary to improve the design, external appearance or utility of the proposed building.
(7) Despite any other provision of this clause, the council may consent to the erection of a non-habitable building or structure ordinarily associated with a dwelling-house that does not comply with the requirements of this clause if, in the council's opinion, the proposed building or structure will have a minimal adverse impact on the subject site and any adjoining site.
Diagram 1 Building Envelopes and Maximum Wall Heights for each of the Residential Zones (Clause 12 (2))