New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clause 3.1)
Note 1--: State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies exempt development under that Policy. The Policy has State-wide application. This Schedule contains additional exempt development not specified in that Policy.
Note 2--: 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) Must be associated with access to an open hard stand space, a carport or garage.
(2) Must not be constructed or installed on or in, or in relation to, a heritage item or a draft heritage item or on land in a foreshore area.
(3) Must be constructed so that any surface water is disposed of without causing a nuisance to adjoining owners.
(4) Must not require cut or fill more than 600mm nor be elevated or suspended below or above ground level (existing).
(5) Must not be wider than the open shared stand space, carport or garage with which it is associated.
(6) Must be constructed in accordance with Australian Standard AS 2890.1--1993, Parking facilities-Off-street car parking .
(7) Must not require a new gutter crossing.
(1) Must not be constructed or installed on or in, or in relation to, a heritage item or a draft heritage item.
(2) Must be located at least 900mm from each lot boundary.
(3) Must not require cut or fill more than 600mm below or above ground level (existing).
(4) If a retaining wall--(a) must not be higher than 600mm (including the height of any batters) above ground level (existing), and(b) if it is on a sloping site and stepped to accommodate the fall in the land--must not be higher than 800mm above ground level (existing) at each step, and(c) must have adequate drainage lines behind it.
(5) Must not redirect the flow of surface water onto an adjoining property.
(6) Surface water must be disposed of without causing a nuisance to adjoining owners.
(7) Must be located at least 1m from any registered easement, sewer main or water main.
(8) If the fill is more than 150mm deep--must not occupy more than 50% of the landscaped area.
(9) If it is carried out, constructed or installed in a heritage conservation area or a draft heritage conservation area--must be located in the rear yard.
(10) Must be located at least 50m from a waterbed (natural).
(1) Must be constructed so that any surface water is disposed of without causing a nuisance to adjoining owners.
(2) Must not require cut or fill more than 600mm below or above ground level (existing).
(3) Must not have an area more than 15% of the floor area of the associated development.
(1) Must not be roofed or enclosed.
(2) Maximum height--2.4m above ground level (natural).
(3) Must be located at least 900m 2 from each lot boundary.
(4) Maximum pergola floor area--20m 2.
(1) Must be associated with an approved restaurant or cafe on the adjoining property.
(2) Must maintain continuous pedestrian paths of travel along the footpath and not obstruct access to neighbouring properties.
(3) Must not have furniture within 3m of a bus stop or taxi stand.
(4) Must have obtained an approval under section 125 of the Roads Act 1993 .
(1) Must enclose the works area.
(2) The vertical height above footpath level of the structure being erected or demolished must be less than 4m.
(3) If it is a temporary construction site fence adjoining, or on, a public place, must be covered in chain wire mesh.
(4) Must be removed immediately after the purpose for which it was erected has finished and when no safety issue will arise from its removal.
(1) Must not be constructed or installed on or in, or in relation to, a heritage item or a draft heritage item or on land in a heritage conservation area or draft heritage conservation area.
(2) Must not cover mechanical ventilation inlets or outlet vents.
(3) If the sign is a flush wall sign--(a) must not be illuminated, and(b) must not exceed maximum dimensions--300mm high and 450mm long, and(c) maximum of 1 sign per site.
(4) If the sign is a fascia sign--(a) must not be illuminated, and(b) must not project above or below the fascia or return end of the awning, and(c) must be flush with the fascia.
(5) If the sign is a top hamper sign--(a) if illuminated--must have electrical conduits taken directly into the building, and(b) must be flush to the external face of the shop front and must not project more than 150mm beyond the face of the building, and(c) maximum of 1 sign per site, and(d) must not extend below the head of the doorway or window to which it is attached, and(e) must be setback 600mm from the side boundary.
(6) If the sign is an under awning sign--(a) if illuminated--must have electrical conduits taken directly into the building, and(b) must not project beyond the awning, and(c) maximum of 1 sign per site, and(d) must be erected horizontal to the ground and at right angles to the building, and(e) must not exceed maximum dimensions--450mm high and 2400mm long, and(f) not less than 2.6m above the ground or pavement level, and(g) must be a minimum of 600mm from the kerb or roadway edge, and(h) must be securely fixed by metal supports.
(7) If the sign is a window sign--(a) must not be illuminated, and(b) must be located on the ground level facade, and(c) maximum of 1 sign per site, and(d) 60% of the shop window must remain uncovered.
(8) If the sign is a real estate sign--(a) must not be illuminated, and(b) maximum of 1 sign per site, and(c) for residential premises or serviced apartments--maximum area of 2.5m 2, and(d) for commercial premises--maximum area of 4.5m 2.
(9) If the sign is a temporary sign--(a) must not be illuminated, and(b) the sponsor's name or logo must be subsidiary to the event or matter being advertised, and(c) maximum of 1 sign per site.
(1) Must be carried out by or on behalf of the Council.
(2) Must not extend beyond 5m from the perimeter of the bus shelter.
(3) Must not contain flashing or neon signage.
(4) Must not obstruct sight lines for drivers, cyclists or pedestrians.
(5) Must not be attached to a heritage item.
(6) Must not be in a heritage conservation area, except for a bus shelter located on the following--(a) Birrell Street in Bondi, Bondi Junction, Bronte, Queens Park, Tamarama or Waverley,(b) Blair Street in Bondi, Bondi Beach or North Bondi,(c) Bondi Road in Bondi, Bondi Beach or Bondi Junction,(d) Bronte Road in Bondi Junction, Bronte, Queens Park or Waverley,(e) Campbell Parade in Bondi Beach or North Bondi,(f) Macpherson Street in Bronte or Waverley,(g) Oxford Street in Bondi Junction.
(1) Must be carried out by or on behalf of the Council.
(2) Must be carried out on land in Zone E1, E2 or MU1.
(3) Must be used for the display of Council or other public communications.
(4) May also be used for advertisements, other than advertisements for political purposes.
(5) If not located in a pedestrian mall, the structure must not be more than--(a) 2200mm high, and(b) 1150mm wide, and(c) 500mm deep.
(6) Must not contain flashing or neon signage.
(7) Must not obstruct the following--(a) sight lines for drivers, cyclists or pedestrians,(b) access for people with a disability,(c) a footpath,(d) an outdoor dining area.
(8) Must not be carried out on land comprising a heritage item or on which a heritage item is located.
(9) Must not be in a heritage conservation area, except on the following--(a) Birrell Street in Bondi, Bondi Junction, Bronte, Queens Park, Tamarama or Waverley,(b) Blair Street in Bondi, Bondi Beach or North Bondi,(c) Bondi Road in Bondi, Bondi Beach or Bondi Junction,(d) Bronte Road in Bondi Junction, Bronte, Queens Park or Waverley,(e) Campbell Parade in Bondi Beach or North Bondi,(f) Macpherson Street in Bronte or Waverley,(g) Oxford Street in Bondi Junction.
(1) Must not project more than 30mm from a wall or other surface.
(2) Must not constitute signage.Note--: Signage includes advertisements and advertising structures.
(3) Must not be located on a heritage item or within a heritage conservation area.
(4) Must not contain material that--(a) discriminates against or vilifies any person or group, or(b) is offensive or sexually explicit.
(5) In this clause,
"street art" means art that is painted, marked or otherwise affixed to the outside of a building and that is visible from a public place (within the meaning of the Local Government Act 1993 ).
Note--: Street art may only be carried out subject to requirements to obtain the approval of the owner of the building on which the street art is located or any statutory authorities. See also Part 2 of the Graffiti Control Act 2008 for graffiti related offences.
(1) Must take place on land owned by the Council or for which the Council has care, control and management (including Crown land) or a public road for which the Council is the roads authority under the Roads Act 1993 .
(2) Must not involve demolition.
(3) Must not involve overnight accommodation on bushfire prone land.
(4) Must not be conducted for more than 52 days (whether or not consecutive) in any period of 12 months.
(5) In this clause,
"event" means any event (including, without limitation, a market, exhibition, ceremony, meeting, concert, sporting event or fete) that would, but for this clause, require development consent.
Note--: The proposed event may involve activities that require approvals under the Local Government Act 1993 and other legislation. Such activities include the closure of public roads, the erection of temporary structures and activities on public land.