New South Wales Repealed Regulations New South Wales Repealed RegulationsThis legislation has been repealed.
(Clause 17)
| Type of activity--development consisting of erection and use or carrying out of the following: | Development standards and other requirements |
| Access ramps for the disabled | (a) Maximum height 1m above ground level.(b) Maximum grade 1:14 and otherwise in compliance with Australian Standards.(c) Must be located a minimum of 1.5 m from site boundaries. |
| Advertising structures | General requirements(a) The erection of the advertising structure must comply with all the requirements of the Building Code of Australia , including Part B1 (Structural Provisions).(b) Signs must not cover mechanical ventilation inlet or outlet vents.(c) Advertising structures within a public road reserve must be at least 0.6m from kerb/roadway edge.(d) Flashing signs are not exempt in any zone.(e) No restrictions on advertising where displayed within a building and the advertisement is not visible from a public place, although it may be visible through openings at the ground and first floor levels of business premises, shops, food shops, restaurants, industrial premises, warehouses or bulky goods outlets. |
| 1 Street and traffic signs (including street name plates, directional signs, advance traffic warning signs, traffic signs and traffic signal devices) | (a) Construction must be by or on behalf of the Council or the Roads and Traffic Authority.(b) Must be designed, fabricated and installed in accordance with relevant Standards Australia standards. |
| 2 Business advertising | |
| (a) Suspended under awning signs | (a) One per premises.(b) Must not exceed 1.5m 2 in area and, if over a public road, must be suspended with a clearance of no less than 2.6m above ground or pavement level.(c) Must relate to the use of premises. |
| (b) Awning fascia signs | (a) Must relate to the use of the premises to which the fascia is attached.(b) Where a development control plan for a business centre applies, the background colour, and all lettering colours and styles on the awning fascia must comply with the requirements of that plan. |
| (c) Under awning advertising (on building facades) | Must relate to the use of the building. |
| (d) A-frame signs and shopfront displays | (a) Must comply with the approved development control plan for A-frame advertising boards and shopfront display.(b) A lease or licence for the structure must be obtained from the Council before the sign or shopfront display is erected. |
| 3 Industrial advertising | (a) One advertising sign of a maximum of 5m 2 in area is permitted and it must be fixed flush to the front elevation of the industrial building or industrial unit, to a maximum height of 4.5m above ground level and not project above the parapet of the building or the eaves line where the building has a pitched roof.(b) Freestanding directory boards for multiple occupancy complexes are permitted within the property boundary/premises subject to the total area of the board or boards not exceeding 5m 2 in area and a maximum height of 4.5m above ground level.(c) All signage must relate to the activity on the site. |
| 4 Temporary signs | |
| (a) Real estate signs | (a) Must only advertise premises or land for sale or lease.(b) One sign per premises and located within property boundaries.(c) Sign must not exceed 2.5m 2 in area.(d) Not exempt more than 14 days after completion of the sale or granting of the lease. |
| (b) Construction signs (signs advertising firms involved in construction of a building) | (a) Only during construction of the building.(b) One composite sign per premises only and the sign must be located within the property boundaries.(c) Any signage must not exceed 2.5m 2 in area. |
| (c) Special event sign | (a) Must be displayed only on the property where the special event is to be held.(b) Must be constructed of lightweight, banner type material.(c) Not exempt for more than 14 days before the special event or more than 48 hours after the event is finalised. |
| (d) Inflatable promotional signs | (a) Must be displayed only on the property where the promotion is to be held.(b) Not exempt development if displayed for more than 7 consecutive days, more than 4 times or for a total of more than 28 days in any year or later than 48 hours after the relevant promotion is finalised. |
| 5 Home activity identification signs | (a) One per premises.(b) Signs must not exceed 0.5m 2 in area and be affixed to the dwelling no higher than 3 metres above ground or pavement level and below the eaves line of the building. |
| 6 Community advertising | (a) A permanent fixed sign must not exceed 1.5m 2 in area and must not be higher than 3m above the ground or pavement level.(b) A temporary sign may not display an advertisement for more than 7 consecutive days or for a total of more than 28 days in any year. |
| Aerials/Antennae/Microwave antennae/Satellite dishes | (a) For receiving purposes only.(b) Must not have substantial adverse impact on views enjoyed by adjoining and neighbouring premises.For Satellite dishes only:(a) Maximum diameter 750mm.(b) Maximum height must not exceed the highest point of a pitched roof, or 1m above the highest point of a flat roof, of the building it will serve.(c) Must not be installed forward of the building line or on roof areas visible from the road.(d) Must not be visible from any public place, including roads, public open space, public recreation areas and waterways.(e) The dish and supporting structure must be finished in a non- reflective colour, which blends in with the surrounding environment. |
| Air conditioning units | (a) External units must not be attached above the second storey on residential buildings, unless located on a balcony where the air conditioning unit is not clearly visible from street level.(b) Roof mounted air conditioning units are permitted on industrial premises only.(c) Must not be located within the street facing elevation or within the front building setback if ground mounted.(d) Must be located a minimum of 0.5m from any side or rear boundaries.(e) Any air conditioning unit must not include a cooling tower as part of the system.(f) Any building work must not reduce the structural integrity of the building.(g) Any opening created must be adequately weatherproofed.(h) The noise level generated by the air conditioning unit must not exceed an LAeq of 5 dB(A) above background noise level when measured at the property boundary. Despite this, domestic air conditioning units must not be audible within any room of any adjoining premises, from 10pm to 7am on weekdays or 10pm to 8am on weekends or public holidays.(i) Any noise emitted must not include any tonal, impulsive or intermittent characteristics.(j) Must be maintained and installed in compliance with Australian Standards AS/NZS 1668.1:1998 , AS 1668.2--2002 , AS/NZS 3666.1:2002 , AS/NZS 3666.2:2002 and AS/NZS 3666.3:2000 . |
| Awnings, canopies and security/storm blinds or shutters | (a) Must be
retractable. Note: See "Pergolas, and fixed awnings etc" for fixed attachments.(b) Must not be installed above the second storey of any building.(c) This exemption is not applicable to security blinds or shutters on the street front elevation of business buildings or business shopfront awnings. |
| Barbecues (portable and fixed structures) | (a) All barbecues are to be located so that they do not cause a nuisance while being used.(b) Maximum height of fixed structure 2.7m from ground level.(c) Fixed structures must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback.(d) For fixed structures, a minimum 0.5 m setback from side or rear boundaries, except where a heat shield is incorporated or adjoins non-combustible fence.(e) Barbeques must be located so that the risk of the spread of fire from the barbecue to any other structure is minimised. |
| Bird aviaries and pet animal shelters | (a) Maximum area 10m 2.(b) Maximum height 2.7m from ground level.(c) Must be located in rear or side yard areas only.(d) Must be located away from the boundary a minimum of 0.5 m.(e) Limit of one bird aviary per property.(f) An aviary for fowls (poultry, including domestic fowl, chickens or guinea fowls) and small birds must not be located within 4.5m of a dwelling, public hall, school or premises used for the manufacture, preparation, sale or storage of food.(g) An aviary for poultry (other than fowls) must not be located within 30m of any building referred to in paragraph (f).(h) All poultry or fowls must be kept in accordance with Part 3 of and Division 2 of Schedule 5 to the Local Government (Orders) Regulation 1999 .(i) Fowls are limited to a maximum of 20, and other poultry to a maximum of 5.(j) The floors of poultry houses within 15.2m of a dwelling, public hall or school must be paved with concrete or mineral asphalt underneath the roosts or perches, unless situated on clean sand. |
| Building alterations (external) | General requirements(a) Does not apply to:(i)
residential flat buildings, or(ii) the principal street frontage of buildings
in the 3 (a) General Business, 3 (b) Neighbourhood Business, 4 (a) General
Industrial or 9 (a) Mixed Residential/Business zone, or(iii) any development
in the 5 (a) Special Uses, 6 (a) Public Recreation or 6 (b) Private Recreation
zone. Note: See Schedule 5 (Complying development) for external building alterations.(b) Work must be non-structural.(c) Applies only to alterations or renovations to previously completed buildings.(d) Works are not to include changes to the footprint or increase floorspace of the buildings or residential use of rooms whether by removal of existing walls, partitions or by other means. This does not exclude bay windows up to 0.3m from the existing alignment of the wall.(e) Works are not to include repositioning or enlarging of windows above ground level.(f) Works are not to cause reduced window arrangements for light and ventilation needs, reduced doorways for egress purposes or involve enclosure of open areas.(g) Any work involving lead paint removal must not cause lead contamination of the air or ground or water. |
| (a) Recladding of roofs or walls | (a) Replacement of existing materials must be with similar materials which do not increase the reflectivity.(b) Recladding not to involve structural alterations, change to roof shape or roof pitch, or brick veneering. |
| (b) Skylight roof windows (including solartube or similar type installations and roof ventilators) | (a) The building work must not reduce the structural integrity of the building or involve structural alterations.(b) Any opening created by the installation must be adequately weatherproofed. |
| (c) Windows, glassed areas and external doors | (a) Replacement materials must comply with: Australian Standard AS 1288--1994Glass in buildings--Selection and installation and AS/NZS 2208:1996Safety glazing materials in buildings .(b) Opaque or other obscured glazing must be replaced with similar opaque glazing so as not to impact on the privacy of neighbouring properties. |
| Building alterations (internal)(a) Business/Industrial | (a) Does not include alterations to premises for the preparation or storage (or both) of food for sale to the public.(b) Works must be non-structural, such as shelving, displays, benches and partitions that do not provide structural support to any part of the building.(c) Works must not compromise fire safety or affect accessibility to fire exits.(d) Must not increase existing floor area of premises.(e) Must be an alteration to an existing building. |
| (b) Residential | (a) Works must be non-structural.(b) Applies only to alterations or renovations to previously completed buildings.(c) Works are not to include changes to the footprint of the dwelling or residential use of rooms whether by removal of existing walls, partitions or by other means.(d) Works may include replacement of internal doors, walls, windows, ceiling or floor linings or deteriorated frame members with equivalent or improved quality materials.(e) Works may include renovation of bathrooms, kitchens, and inclusion of built-in fixtures such as vanities, cupboards and wardrobes.(f) Works are not to cause reduced window arrangements for light and ventilation needs, reduced doorways for egress purposes or involve enclosure of open areas.(g) Works must not increase external size and envelope of the existing building.(h) Works are not to include installation of oil or solid fuel heating appliances.(i) Does not include alterations to premises for the preparation or storage (or both) of food for sale to the public. |
| Bushfire hazard reduction | Work must be carried out consistent with a bush fire management plan made pursuant to section 52 of the Rural Fires Act 1997 . |
| Cabanas and gazebos | (a) Maximum area 10m 2 per structure.(b) The floor must be located at or near ground level.(c) Maximum height of 4.0m from ground level.(d) Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback.(e) Structures must be sited a minimum of 0.5m from side and rear boundaries, except in the 2 (a2), 2 (e1) and 2 (e2) Residential zones where the Foreshore Scenic Protection Area applies, Woronora Heights and areas west of the Woronora River (excepting Woronora) where the minimum setback is to be 1.5m.(f) Maximum total floorspace of combined structures in this category is 40m 2. |
| Changes of use (Different use resulting from change of use of:(a) business premises, shop, restaurant, food shop or sex shop to business premises, or(b) business premises, shop, restaurant, food shop or sex shop to shop or different kind of shop, or(c) food shop to different kind of food shop, or(d) restaurant to a different kind of restaurant, or(e) bulky goods outlet to different kind of bulky goods outlet, or(f) industry to different kind of industry, or(g) warehouse to different kind of warehouse.) | (a) The following changes of use of premises within the 9 (a) Mixed Residential/Business zone are not included:(i) business premises to shop,(ii) shop to business premises, and(iii) restaurant, food shop or sex shop to business premises or shop.(b) Does not include a change of use to a sex shop.(c) Hours of operation are limited generally to between 6am and 9pm daily for all uses except industrial uses where the hours of operation are limited to between 6am and 7pm Monday to Saturday with no use on Sundays or public holidays.(d) The change of use is not to include any change to existing floorspace, parking, landscaping or waste facilities approved for the development. |
| Clothes hoists/lines | (a) Must be installed at ground level.(b) Must be located behind the building or in the side or rear yard.(c) Must not be located on balconies or elevated decks. |
| Decks and patios | (a) The finished surface level must not be greater than 1m above ground level.(b) The structure must not exceed an area of 20m 2.(c) The structure must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback.(d) Sufficient step down is to be provided to prevent the entry of water into any associated dwelling.(e) Decks and patios 0.5m or less above natural ground level must be located a minimum 0.9m from side and rear boundaries, except in the 2 (a2), 2 (e1) and 2 (e2) Residential zones where the Foreshore Scenic Protection Area applies, Woronora Heights and areas west of the Woronora River (excepting Woronora) where the minimum setback is to be 1.5m.(f) Decks and patios greater than 0.5m above natural ground level, or decks to swimming pools, must be located a minimum of 1.5m from side and rear boundaries. |
| Demolition of a structure | (a) Demolition of a structure is only exempt development if erection of that structure would be exempt development, or where an order to demolish has been issued by the Council under the Environmental Planning and Assessment Act 1979 .(b) Does not apply to demolition of a structural retaining wall.(c) Does not apply to the decontamination, rehabilitation or remediation of contaminated land.(d) Demolition must be carried out in accordance with Australian Standard AS 2601--2001Demolition of structures . |
| Driveways and pathways | (a) Does not apply to works on public land except for driveways or pathways constructed by or on behalf of the Council.(b) Must be structurally sound and of stable construction.(c) Must not be elevated or suspended above ground level or involve excavation greater than 0.6m.(d) Driveway or access gradients must be designed to align with footpath crossing levels issued by the Council and must comply with the access gradient requirements of Australian Standard AS 2890.1--1993Parking facilities, Part 1: Off-street car parking .(e) Must be graded and drained so as not to cause a drainage nuisance to adjoining property or footpath area. |
| Fences and gates (including replacement of existing fences or gates) | General requirements(a) Does not apply to fences required by the Swimming Pools Act 1992 .(b) Does not apply to fencing of street frontages of land occupied by dual occupancies, townhouses or villas.(c) Does not apply to fences or gates for residential flats.(d) All fences are to be constructed so as not to create a drainage nuisance.(e) Does not apply to fencing along the street boundary of land occupied by dual occupancies, townhouses or villas.(f) Does not apply to waterfront properties in Sylvania Waters where fencing between the rear of the dwelling and the waterway is restricted to a maximum 1.2m high open form fencing. |
| (a) Front fences (including side fences between the building line and the street or any other public place) | (a) Does not apply to front fences in Alfords Point, Barden Ridge, Bangor, Bonnet Bay, Illawong, Lucas Heights, Menai, Woronora Heights or land at Sylvania Waters where covenants apply to the land that restricts erection of front fencing.(b) Does not apply to commercial premises.(c) A maximum height of 1m.(d) An open form front fence, to a maximum height of 2.5m, is permitted on industrial premises but only where set behind existing landscaping carried out with consent. |
| (b) Side fences and rear fences (fences behind the building line) | (a) Maximum height of 1.8m if constructed of timber, metal or lightweight materials, all other materials maximum height of 1.0m.(b) Open form fencing to a maximum height of 2.5m is permitted on industrial premises. |
| Flagpoles | (a) Maximum height 6.0m above ground level.(b) Must not project beyond property boundaries.(c) Limit of one flagpole per property.(d) Not used to display flag larger than 1m 2.(e) Not used to display flags for advertising purposes. |
| Greenhouses, garden sheds, studios, cubby houses and playground equipment | (a) Maximum area 10m 2 per structure.(b) The floor must be located at or near ground level.(c) Maximum height of 4.0m from ground level.(d) Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback.(e) Structures must be sited a minimum of 0.5m from side and rear boundaries, except in the 2 (a2), 2 (e1) and 2 (e2) Residential zones where the Foreshore Scenic Protection Area applies, Woronora Heights and areas west of the Woronora River (excepting Woronora) where the minimum setback is to be 1.5m.(f) Maximum total floorspace of combined structures in this category is 40m 2.(g) Maximum area and height requirements do not apply where the structures are located on land zoned 5 (a) Special Uses. |
| Home activities | (a) The activity must not interfere with the amenity of the area by reason of such things as vehicular traffic, parking, noise, vibration, smell, fumes, smoke, water or other waste products.(b) Any sound producing plant, equipment, machinery or fittings associated with or forming part of a mechanical ventilation system or refrigeration system, which is installed as part of a home activity, must be sound insulated or isolated (or both).(c) Noise emitted must not exceed an LAeq of 5dB(A) above the background level in any octave band from 63.0 Hz centre frequencies inclusive at the boundary of the site. The method of measurement of sound must be carried out in accordance with Australian Standard AS 1055.1--1997Acoustics--Description and measurement of environmental noise--General procedures .(d) Any noise emitted must not include any tonal, impulsive or intermittent characteristics.(e) Hours of operation for the activity are limited to between 8am and 6pm Monday to Saturday. |
| Letter box | Must not exceed a maximum height of 1.2m above ground level. |
| Outdoor eating areas | (a) Must comply with the approved development control plan for outdoor eating areas.(b) A licence for the activity must be obtained from the Council before any outdoor eating activities are undertaken. |
| Pergolas, and fixed awnings, shade structures/sunshades at ground floor level or over an existing first floor deck | (a) Maximum area 20m 2 per structure.(b) Maximum height 2.7m above ground level where proposed at ground floor level.(c) Maximum height 2.7m above existing first floor or deck level where proposed over an existing elevated deck.(d) Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback.(e) Must be located a minimum of 0.5m from side and rear boundaries, except in the 2 (a2), 2 (e1) and 2 (e2) Residential zones where the Foreshore Scenic Protection Area applies, Woronora Heights and areas west of the Woronora River (excepting Woronora), where the minimum is 1.5m.(f) Does not apply to business shopfront awnings.(g) Maximum area and height requirements do not apply where the structure is located on land zoned 5 (a) Special Uses. |
| Public facilities and amenities (new construction and use) (includes such things as playground equipment, public toilet facilities, staircases, recreational, sporting, entertainment and cultural activities, works for the purpose of landscaping, gardening, beach and foreshore protection works, lighting and night-time activities, traffic management facilities, public transport facilities, street furniture, security equipment or devices, goal posts, sight screens and similar ancillary sporting structures) | (a) Approved by the Council and undertaken by or on behalf of the Council, or if on Crown land where consultation with the Department of Land and Water Conservation has occurred or, in the case of traffic management facilities, must be undertaken by or on behalf of the Roads and Traffic Authority.(b) Works must be located on land under the control of the Council or the Roads and Traffic Authority.(c) Must be designed, fabricated and installed in accordance with any relevant Australian Standards and the Building Code of Australia .(d) Bus shelters and seats with ancillary advertising must comply with the requirements of the development control plan for bus shelters and seats.(e) Park and street furniture (for example, seats, bins, picnic tables, barbecues etc) must comply with the requirements of any applicable development control plan or adopted plan of management.(f) The following works or uses may only be exempt if in accordance with an adopted plan of management:(i) temporary uses, such as markets, concerts, fetes etc,(ii) public toilet facilities,(iii) installation of lighting to enable the night use of recreational facilities. |
| Retaining walls | (a) Not if any site filling or raising of site levels greater than 0.3m will occur within 1.5m of side or rear boundaries.(b) Maximum height 0.6m.(c) Masonry walls to comply with Australian Standards AS 3700--2001Masonry structures , AS 3600--1994Concrete structures and AS/NZS 1170.0: 2002 , AS/NZS 1170.1: 2002 , AS/NZS 1170.2: 2002 and AS 1170.4--1993Structural design actions and Minimum design loads on structures .(d) Timber walls to comply with Australian Standards AS 1720.1--1997 , AS 1720.2--1990 and AS 1720.4--1990Timber structures and AS/NZS 1170.0: 2002 , AS/NZS 1170.1: 2002 , AS/NZS 1170.2: 2002 and AS 1170.4--1993Structural design actions and Minimum design loads on structures .(e) All retaining walls are to be constructed so as not to cause a drainage nuisance.(f) Maximum length of 20 lineal metres of retaining wall per property.(g) Not if there are two or more wall rises or drops in succession. |
| Water heaters (includes heat pump hot water heaters and solar water heaters) | (a) Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback.(b) The installation must not reduce the structural integrity of the building or involve structural alterations.(c) The development must comply with the provisions of the Building Code of Australia for fire separation if in multi-unit housing.(d) The noise level generated must not exceed an LAeq of 5 dB(A) above background noise level when measured at the property boundary. Despite this, domestic water heaters must not be audible within any room of any adjoining premises, from 8pm to 7am on weekdays and 10pm to 8am on weekends or public holidays.(e) Maximum height must not exceed the highest point of a pitched roof, or 1m above the highest point of a flat roof, of the building it will serve.(f) Trees must not be lopped in order to achieve solar access for solar water heaters. |
| Water tanks | (a) Not if a below ground tank or on land that requires excavation.(b) Maximum height 2.7m from ground level.(c) Must be located behind the building line of the property or no further forward than the alignment of any existing building on any adjoining property, whichever is the greater setback.(d) Tanks must be located a minimum of 0.5m from side and rear boundaries.(e) Maximum capacity of 1,600 litres.(f) Suitable proofing for the prevention of mosquito breeding must be provided.(g) Rainwater tank overflows must be connected to an approved stormwater system. |