New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clauses 15 and 92 (4))
(1) The maximum building height and the maximum height at eaves for buildings in the Living--General zone are specified in the following Table--
Zone and protected area Maximum building height Maximum height at eaves Living--General (not within Protected Area--Period Housing Area) 8m 6.5m Living--General (within Protected Area--Period Housing Area) 6.5m 4.5m
(2) Notwithstanding subclause (1), consent may be granted for a building that does not comply with subclause (1) within a Protected Area--Period Housing Area, but only where it is satisfied that the building--(a) is located within a Protected Area--Period Housing Area that has a 2 storey residential character, and(b) incorporates a design that minimises its apparent bulk when viewed from a public road, and(c) provides for a roof form and pitch that is consistent with the predominant form of traditional housing stock within the surrounding area, and(d) does not exceed a maximum building height of 8 metres or a maximum height at eaves of 6.5 metres.
(1) Front building setback The front wall of a new building or carport is to be set back from the primary front boundary a distance that is--(a) within 20 per cent of the average setback of dwellings on adjoining allotments in established areas or, where there is no established pattern of residential setbacks, a minimum of 8 metres from the primary road frontage, and(b) a minimum of 4 metres from the secondary road frontage, in the case of corner residential allotments, and(c) a minimum of 9 metres from the rear boundary of the lot in front, in the case of hatchet shaped lots.
(2) Setback from other boundaries(a) The maximum width across an allotment of any building that has a street frontage is not to be greater than 80 per cent of the greatest width of the allotment at any one point.(b) The minimum setback of a dwelling from the side or rear boundary of the allotment is 1 metre.(c) Notwithstanding paragraph (b), the minimum setback from the side boundary does not apply to minor additions and alterations to a building where this--(i) incorporates an extension of an existing external wall along the line projected by that wall, and(ii) does not decrease the closest distance of the building to the side boundary.(d) Notwithstanding paragraphs (b) and (c), the location of buildings on an allotment is to ensure that--(i) the bulk and scale of development is consistent with the existing streetscape of the surrounding area and promotes a prominent landscape setting for dwellings, and(ii) overshadowing of adjoining buildings and impact on solar access to the living areas and private open space of those buildings is minimised, and(iii) the design and location of the buildings respond effectively to individual site constraints and minimise site disturbance and clearing of vegetation.
(1) The maximum site cover for buildings and buildings ancillary to the main building (excluding water tanks) is 40 per cent of the total allotment area or 160 square metres, whichever is the greater.
(2) The minimum area to be retained as soft, pervious or landscaped areas (excluding hard surfaces except for water tanks, unenclosed areas of spaced decking and swimming pools) is 40 per cent of the total allotment area.
(1) Subject to subclause (2), the maximum floor space ratio for development in the Living--General zone is 0.35:1.
(2) The maximum floor space ratio for development for the purpose of accessible housing in the Living--General zone is 0.4:1.
(1) Except as otherwise provided by this clause, the maximum building height and the maximum height at eaves for buildings in the Living--Conservation zone are specified in the following Table--
Zone and protected area Maximum building height Maximum height at eaves Living--Conservation (not within Protected Area--Escarpment Area) 6.5m 4.5m Living--Conservation (within Protected Area--Escarpment Area) 5.5m 4m
(2) Consent may be granted for a building that does not comply with subclause (1) and that is not within a Protected Area--Escarpment Area, but only where the consent authority is satisfied that--(a) the building will retain the prominence of the landscape setting and will not protrude above the existing tree canopy of vegetation adjacent to the building or above adjacent buildings, and(b) the building incorporates a design that minimises its apparent bulk when viewed from a public road, and(c) for a building within a Protected Area--Period Housing Area, the roof form and pitch are consistent with the predominant form of traditional housing stock within the surrounding area, and(d) buildings in the immediate vicinity in the Living--Conservation zone have a 2 storey residential character, and(e) the building does not exceed a maximum building height of 8 metres or a maximum height at eaves of 6.5 metres.
(3) Consent may be granted for a building within the Protected Area--Escarpment Area zone, with a building height of not more than 8 metres and a height at eaves of not more than 6.5 metres, if the consent authority is satisfied that the building--(a) will not protrude above the existing tree canopy of vegetation adjacent to the building, and(b) will not protrude above adjacent buildings, and(c) will not result in a visually prominent built form, and(d) incorporates a design that responds to the topography of the site and minimises visual bulk, and(e) does not visually break the level of the skyline, by protruding above the ridgeline within or behind the site, and(f) incorporates external surfaces that are finished in a non-reflective, coloured material to help blend structures into the natural environment, and(g) incorporates measures to minimise reflection of sunlight from glazed surfaces.
(1) Front building setback The front wall of a new building or carport is to be set back from the primary front boundary a distance that--(a) allows for any established front gardens to be retained, and(b) is within 20 per cent of the average setback of dwellings on adjoining allotments in established areas or, where there is no established pattern of residential setbacks, a minimum of 10 metres from the primary road frontage, and(c) is a minimum of 4 metres from the secondary road frontage, in the case of corner residential allotments, and(d) is a minimum of 9 metres from the rear boundary of the lot in front, in the case of hatchet shaped lots.
(2) Setback from other boundaries(a) For any building that has a street frontage on an allotment with a width of less than 20 metres, the width of any building across the allotment may be up to 75 per cent of the greatest width of the allotment at any one point.(b) For any building that has a street frontage on an allotment with a width of 20 metres or more, but less than 25 metres, the width of any building across the allotment may be up to 15 metres.(c) For any building that has a street frontage on an allotment with a width of 25 metres or more, the width of any building across the allotment may be up to 60 per cent of the greatest width of the allotment at any one point.(d) The minimum setback of a building or carport from the side or rear boundary of the allotment is 1 metre.(e) Notwithstanding paragraph (d), the minimum setback from the side boundary does not apply to minor additions and alterations to a building where this--(i) incorporates an extension of an existing external wall along the line projected by that wall, and(ii) does not decrease the closest distance of the building to the side boundary.(f) Notwithstanding any other provisions of this clause, the location of buildings on an allotment is to ensure that--(i) the bulk and scale of development is consistent with the existing streetscape of the surrounding area and promotes a prominent landscape setting for dwellings, and(ii) overshadowing of adjoining buildings and impact on solar access to the living areas and private open space of those buildings is minimised, and(iii) the design and location of the buildings respond effectively to individual site constraints and minimise site disturbance and clearing of vegetation.
(1) For any allotment having an area of less than 1,000 square metres, the maximum site cover for buildings, including buildings ancillary to the main building (but excluding water tanks, unenclosed areas of spaced decking and swimming pools), is 30 per cent or 160 square metres, whichever is the greater.
(2) For any allotment having an area of 1,000 square metres or greater, the maximum site cover for buildings, including buildings ancillary to the main building (but excluding water tanks, unenclosed areas of spaced decking and swimming pools), is--(a) 300 square metres, and(b) an additional amount equivalent to 10 per cent of the amount by which the site area exceeds 1,000 square metres, but not exceeding 100 square metres.
(3) Consent may be granted for development that does not comply with the maximum site cover in subclauses (1) and (2), but only where the development includes measures designed by a suitably qualified person to improve stormwater management, such as infiltration measures and detention systems, that demonstrate that the development has a beneficial effect on stormwater quality, quantity and flow characteristics.
(4) The minimum area to be retained as soft, pervious or landscaped areas (excluding hard surfaces except for water tanks, unenclosed areas of spaced decking and swimming pools) is 60 per cent of the total allotment area.
(1) Consent shall not be granted to development within the Living--Conservation zone unless the consent authority has considered a detailed assessment of character.
(2) A detailed assessment of character prepared to comply with subclause (1) shall include the following--(a) an assessment of photographs (or illustrations, models or the like) of any existing buildings, natural features and vegetation on the site,(b) an assessment of photographs (or illustrations, models or the like) of the context of the site, including buildings and vegetation on adjoining and adjacent sites that contribute to the character of the locality,(c) a demonstration of how the proposed development is consistent with and enhances the established character of the surrounding residential area in regard to--(i) scale and massing of proposed buildings, and(ii) external finishes of proposed buildings, and(iii) landscaping and retention of vegetation, and(iv) building form, including roof pitch and size and location of windows, and(v) location of any buildings on the subject and adjoining allotments.
(1) Consent shall not be granted to development (excluding demolition or subdivision) of land within the Living--Conservation zone unless the consent authority has considered a detailed landscape plan, except in the case of development that, in the opinion of the consent authority--(a) consists of minor additions, or(b) will not involve the removal of vegetation that contributes to an established and visually significant landscape setting.
(2) The detailed landscape plan prepared to comply with subclause (1) shall demonstrate how the development incorporates--(a) landscape elements that achieve the objectives of the Living--Conservation zone, and(b) plantings that will establish a landscape setting and streetscape for new residential development, and(c) a building form and location that retains, where possible, existing significant vegetation and garden settings, including native and exotic species, that are visually significant when viewed from a public street, and(d) measures to re-establish a prominent landscape setting for development, in those instances where the removal of visually significant vegetation has been essential to enable construction.
(3) A detailed landscape plan prepared to comply with subclause (1) shall include on that plan at least the following information--(a) the location, size and species of existing vegetation to be affected by the development, including trees, hedges, large shrubs, shrub beds and any areas of natural vegetation,(b) replacement planting for any vegetation which is proposed to be removed,(c) a planting plan showing the location and expected size within 10 years of each tree and large shrub,(d) a schedule (table) indicating the common name, botanic name, ultimate height and width and planting size (pot size and height), if relying on planting of trees or large shrubs for privacy,(e) a planting plan showing location and indicative planting for mid-low shrubs and ground covers.
Development within roads shown uncoloured on the Map and adjoining the Living--Conservation zone shall--
(a) retain and strengthen the landscape setting along these roads, and
(b) retain where possible the existing significant landscape elements within the road reserve and the building setback from the road, particularly vegetation that frames views to visually prominent buildings on adjoining land.
(1) Except as otherwise provided by this clause, the maximum building height and the maximum height at eaves for buildings in the Living--Bushland Conservation zone are specified in the following Table--
Zone and protected area Maximum building height Maximum height at eaves Living--Bushland Conservation (not within Protected Area--Period Housing Area or Protected Area--Escarpment Area) 8m 6.5m Living--Bushland Conservation (within Protected Area--Period Housing Area) 6.5m 4.5m Living--Bushland Conservation (within Protected Area--Escarpment Area) 5.5m 4m
(2) Consent may be granted for a building that does not comply with subclause (1) to a minor extent and that is not within a Protected Area--Period Housing Area or a Protected Area--Escarpment Area where the consent authority is satisfied that--(a) the failure to comply enables the development to better achieve the objectives and other provisions of any Protected Areas applicable to the land, and(b) an increase in height will improve the protection of environmentally sensitive land by enabling the proposed development to reduce its building footprint, and(c) the proposed development incorporates a design that minimises its apparent bulk when viewed from a public road.
(3) Within the Living--Bushland Conservation zone, but only in a Protected Area--Escarpment Area, the maximum building height is 8 metres and the maximum height at eaves is 6.5 metres, if the consent authority is satisfied that the building--(a) does not protrude above the existing tree canopy of vegetation adjacent to the building or above adjacent buildings, and does not result in a visually prominent built form, and(b) incorporates a design that responds to the topography of the site and minimises visual bulk, and(c) does not visually break the level of the skyline, by protruding above the ridgeline within or behind the site, and(d) incorporates external surfaces that are finished in a non-reflective, coloured material to help blend structures into the natural environment, and(e) incorporates measures to minimise reflection of sunlight from glazed surfaces.
(4) The consent authority may consent to development that will increase the height of a building within a Protected Area--Period Housing Area only where it is satisfied that the building--(a) is located within a Protected Area--Period Housing Area that has a 2 storey residential character, and(b) incorporates a design that minimises its apparent bulk when viewed from a public road, and(c) provides for a roof form and pitch that is consistent with the predominant form of traditional housing stock within the surrounding area, and(d) does not exceed a maximum building height of 8 metres or a maximum height at eaves of 6.5 metres.
(1) Front building setback The front wall of a new building or carport is to be set back from the primary front boundary a distance that is--(a) within 20 per cent of the average setback of dwellings on adjoining allotments in established areas or, where there is no established pattern of residential setbacks, a minimum of 8 metres from the primary road frontage, and(b) a minimum of 4 metres from the secondary road frontage in the case of corner residential allotments, and(c) a minimum of 9 metres from the rear boundary of the lot in front in the case of battle-axe lots.
(2) Consent may be granted for a building that does not comply with the front wall setback requirements in subclause (1) to a minor extent where the consent authority is satisfied that--(a) the failure to comply enables the development to better achieve the zone objectives and other provisions applicable to the land, and(b) any decrease in setback will improve the protection of environmentally sensitive land by the relocation of buildings within the site, and(c) the proposed development incorporates a design that minimises its apparent bulk when viewed from a public road.
(3) Setback from other boundaries(a) The maximum width across an allotment of any building that has a street frontage is not to be greater than 80 per cent of the greatest width of the allotment at any one point.(b) The minimum setback of a dwelling from the side or rear boundary of the allotment is 1 metre.(c) Notwithstanding paragraph (b), consent may be granted that will result in a failure to comply with the minimum setback from the side boundary to allow minor additions and alterations to a building where this--(i) incorporates an extension of an existing external wall along the line projected by that wall, and(ii) does not decrease the closest distance of the building to the side boundary.(d) Notwithstanding paragraph (b) or (c), the location of buildings on an allotment is to ensure that--(i) the bulk and scale of development is consistent with the existing streetscape of the surrounding area and promotes a prominent landscape setting for dwellings, and(ii) overshadowing of adjoining buildings and impact on solar access to the living areas and private open space of those buildings is minimised, and(iii) the design and location of the buildings respond effectively to individual site constraints and minimise site disturbance and clearing of vegetation.
(1) For any allotment having an area of less than 1,000 square metres the maximum site cover for buildings and buildings ancillary to the main building (excluding water tanks, unenclosed areas of spaced decking and swimming pools) is 30 per cent or 160 square metres, whichever is the greater.
(2) For any allotment having an area of 1,000 square metres or greater, the maximum site cover for buildings and buildings ancillary to the main building (excluding water tanks, unenclosed areas of spaced decking and swimming pools) is--(a) 300 square metres, and(b) an additional amount equivalent to 10 per cent of the amount by which the site area exceeds 1,000 square metres, but not exceeding 100 square metres.
(3) Consent may be granted for development that does not comply with the maximum site cover in subclauses (1) and (2), but only where the development includes measures designed by a suitably qualified person to improve stormwater management, such as infiltration measures and detention systems, that demonstrate that the development has a beneficial effect on stormwater quality, quantity and flow characteristics.
(4) The minimum area to be retained as soft, pervious or landscaped areas (excluding hard surfaces except for water tanks, unenclosed areas of spaced decking and swimming pools) is 60 per cent of the total allotment area.
(1) Locally indigenous vegetation is to be planted to compensate for the removal of any native vegetation, as part of any development for which consent is granted, with consideration given to--(a) the part of the site available to accommodate that planting, and(b) the extent of existing native vegetation coverage retained on the site, and(c) proximity to any part of the site that is within a Protected Area--Slope Constraint Area, and(d) proximity to any part of the site that is within a Protected Area--Ecological Buffer Area, and(e) proximity to any significant vegetation community.
(2) The consent authority is to ensure that development for which consent is granted will incorporate measures to revegetate disturbed areas with locally indigenous vegetation on land that is considered by the consent authority to be visually significant as it is adjacent to the Regional Transport Corridor.