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STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 1.5

Interpretation--general

1.5 Interpretation--general

(1) In this Policy--

"Acid Sulfate Soils Map" means a map in an environmental planning instrument that identifies land containing acid sulfate soil.

"Advertising and Signage Exempt Development Code" means the code for exempt development set out in Division 2 of Part 2.

"ancillary development" , in Parts 1, 2, 3A and 4, means any of the following that are not exempt development under this Policy--
(a) access ramp,
(b) awning, blind or canopy,
(c) balcony, deck, patio, pergola, terrace or verandah that is attached to a dwelling house,
(d) basement,
(e) carport that is attached to a dwelling house,
(f) detached studio,
(g) driveway, hard stand space, pathway or paving,
(h) fence or screen,
(i) garage that is attached to a dwelling house,
(j) outbuilding,
(k) rainwater tank that is attached to a dwelling house,
(l) retaining wall,
(m) swimming pool or spa pool and child-resistant barrier.

"ancillary development" , in Parts 5 and 5A, means any of the following that are not exempt development under this Policy--
(a) access ramp,
(b) awning, blind or canopy,
(c) carport,
(d) driveway, hard stand space, pathway or paving,
(e) earthworks, retaining wall and structural support,
(f) fence or screen,
(g) garbage bin store enclosure,
(h) landscaping,
(i) loading dock,
(j) pergola,
(k) rainwater tank (above ground),
(l) rainwater tank (below ground),
(m) roller shutter door,
(n) shed,
(o) storage enclosure.

"ANEF contour" , for an airport, means a noise exposure contour shown as an ANEF contour on any Noise Exposure Forecast Contour Map for that airport prepared by the Department of the Commonwealth responsible for airports.

"articulation zone" means an area of a lot forward of the building line within which building elements are permitted to be located, being an area measured from--
(a) one side boundary of the lot to the opposite side boundary of the lot, or
(b) if the lot is a corner lot--the secondary road boundary of the lot to the boundary opposite the secondary road boundary.

"attached" , in relation to a building or structure that is complying development, means not more than 900mm from another building or structure.

"attached development" means any of the following, if it is situated not more than 900mm from a building that is residential accommodation to which it relates and is not exempt development for the purposes of this Policy--
(a) access ramp,
(b) awning, blind or canopy,
(c) balcony, deck, patio, pergola, terrace or verandah,
(d) basement,
(e) cabana, cubby house, fernery, garden shed, gazebo or greenhouse,
(f) carport,
(g) driveway,
(h) garage or hard stand space,
(i) pathway or paving,
(j) rainwater tank,
(k) retaining wall,
(l) shed.

"automatic light fitting" means a light fitting that is activated by a sensor and switches off automatically after a period of time.

"battle-axe lot" means a lot that has access to a road by an access laneway.

"boundary wall" means a wall that has a setback of 150mm or less from the side or rear boundary of a lot.

"building element" has the meaning set out in the code in which it is used.

"building line" means the line of the existing or proposed external wall of a building (other than any ancillary development, attached development or detached development) closest to the property boundary adjacent to--
(a) the primary road of the lot, or
(b) in the case of a battle-axe lot, the rear boundary of the dwelling house on the lot in front of the battle-axe lot, or
(c) any other stated boundary of the lot.

"bush fire attack level-40 (BAL-40)" has the same meaning as it has in AS 3959:2018, Construction of buildings in bushfire-prone areas .

"carport" means a roofed structure for the shelter of motor vehicles that has 2 or more sides open and not less than one-third of its perimeter open.

"class" , in relation to a building or part of a building, has the same meaning as in the Environmental Planning and Assessment Regulation 2000 .

"collection point" has the same meaning as in Part 5 of the Waste Avoidance and Resource Recovery Act 2001 .

"Commercial and Industrial Alterations Code" means the code for complying development set out in Part 5.

"Commercial and Industrial (New Buildings and Additions) Code" means the code for complying development set out in Part 5A.

"common wall" means a wall shared between 2 properties.

"community consultation" means--
(a) consultation with the community under clause 4 of Schedule 1 to the Act, or
(b) public exhibition under section 66 of the Act, as in force on 30 June 2009.

"community event" means a function or event open to the public or a section of the public that is a ceremony, cultural celebration, exhibition, fete, fair, gathering, market or sporting event.

"complying development code" means any of the following codes--
(a) the Housing Code,
(b) the Rural Housing Code,
(b1) Low Rise Housing Diversity Code,
(b2) the Greenfield Housing Code,
(c) the Housing Alterations Code,
(d) the General Development Code,
(e) the Commercial and Industrial Alterations Code,
(e1) the Commercial and Industrial (New Buildings and Additions) Code,
(e2) the Container Recycling Facilities Code,
(f) the Subdivisions Code,
(g) the Demolition Code,
(h) the Fire Safety Code,
(i) the Inland Code.

"container deposit scheme" means the container deposit scheme established by Part 5 of the Waste Avoidance and Resource Recovery Act 2001 .

"Container Recycling Facilities Code" means the code for complying development set out in Part 5B.

"container recycling facility" --see clause 5B.1.

"corner lot" means a lot that has 2 contiguous boundaries with a road or roads (other than a lane) that intersect at an angle of 135 degrees or less (whether or not the lot has any other boundaries with a road).

"council" means the council of a local government area and, in relation to a particular development, means the council of the local government area in which the development will be carried out.

"Demolition Code" means the code for complying development set out in Part 7.

"detached" , in relation to a building or structure that is complying development, means more than 900mm from another building or structure.

"detached development" means any of the following, if it is situated more than 900mm from a building that is residential accommodation to which it relates and is not exempt development under this Policy--
(a) access ramp,
(b) awning, blind or canopy,
(c) deck, patio, pergola, terrace or verandah,
(d) cabana, cubby house, fernery, garden shed, gazebo or greenhouse,
(e) carport,
(f) detached studio,
(g) driveway, hard stand space,
(h) garage or hard stand space,
(i) pathway or paving,
(j) rainwater tank (above ground),
(k) retaining wall,
(l) screen,
(m) shade structure,
(n) shed,
and any fence, swimming pool or spa pool and child-resistant barrier that is not exempt development under this Policy.

"detached studio" means a habitable building that is used for purposes ancillary to a dwelling house such as a home office, entertainment area, art studio or guest room and--
(a) is established in conjunction with a dwelling house, and
(b) is on the same lot of land as the dwelling house, and
(c) is separate from the dwelling house, and
(d) is not used as a separate dwelling house, and
(e) does not contain any cooking facilities.

"development consent" includes an approval under Part 3A of the Act (before its repeal), and an approval under Division 5.2 of the Act.

"dilapidation report" means a report, prepared by a professional engineer, confirming the structural condition of the adjoining wall before any development commences.

"draft heritage conservation area" means an area of land identified as a heritage conservation area or place of Aboriginal heritage significance in a local environmental plan that has been subject to community consultation, other than an area that was consulted on before 1 March 2006, but has not been included in a plan before 27 February 2009.

"draft heritage item" means a building, work, archeological site, tree, place or aboriginal object identified as a heritage item in a local environmental plan that has been subject to community consultation, other than an item that was consulted on before 1 March 2006, but has not been included in a plan before 27 February 2009.

"dwelling house" means a building containing one dwelling, an attached dwelling or a semi-detached dwelling, but does not include any part of the building that is ancillary development, attached development, detached development or exempt development under this Policy.

"environmentally sensitive area" means any of the following--
(a) the coastal waters of the State,
(b) a coastal lake identified in Schedule 1 to State Environmental Planning Policy (Coastal Management) 2018 ,
(c) land identified as "coastal wetlands" or "littoral rainforest" on the Coastal Wetlands and Littoral Rainforests Area Map (within the meaning of State Environmental Planning Policy (Coastal Management) 2018 ),
(d) land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997 ,
(e) land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention,
(f) land within 100m of land to which paragraph (c), (d) or (e) applies,
(g) land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance,
(h) land reserved under the National Parks and Wildlife Act 1974 or land to which Part 11 of that Act applies,
(i) land reserved or dedicated under the Crown Land Management Act 2016 for the preservation of flora, fauna, geological formations or for other environmental protection purposes,
(j) land identified as being critical habitat under the Threatened Species Conservation Act 1995 or Part 7A of the Fisheries Management Act 1994 .

"exempt development code" means any of the following codes--
(a) the General Exempt Development Code,
(b) the Advertising and Signage Exempt Development Code,
(c) the Temporary Uses and Structures Exempt Development Code.

"external combustible cladding" has the same meaning as in the Environmental Planning and Assessment Regulation 2000 .

"Fire Safety Code" means the code for complying development set out in Part 8.

"fire sprinkler system" means a system designed to automatically control the growth and spread of fire that may include components such as sprinklers, valves, pipework, pumps, boosters and water supplies.

"flame zone (BAL-FZ)" has the same meaning as it has in AS 3959:2018, Construction of buildings in bushfire-prone areas .

"flood control lot" means a lot to which flood related development controls apply in respect of development for the purposes of industrial buildings, commercial premises, dwelling houses, dual occupancies, multi dwelling housing or residential flat buildings (other than development for the purposes of group homes or seniors housing).
Note : This information is a prescribed matter for the purpose of a certificate under section 10.7(2) of the Act.

"floor area" , for a balcony, deck, patio, pergola, terrace or verandah referred to in Part 3, 3A, 3B, 3C or 4, means the area of the balcony, deck, patio, pergola, terrace or verandah, measured at the floor level, within the outer face of--
(a) the external walls if the balcony, deck, patio, pergola, terrace or verandah is enclosed, or
(b) the balustrade or other safety barrier if the balcony, deck, patio, pergola, terrace or verandah, is not enclosed.

"floor area" , for a dwelling house referred to in Part 3, 3A, 3C or 4, means the sum of the areas of each storey of the dwelling house and any carport, garage, balcony, deck, patio, pergola, terrace or verandah, measured at a height of 1.4m above each floor level, that is within the outer face of--
(a) the external walls of the dwelling house, and
(b) the walls of the carport, garage, balcony, deck, patio, pergola, terrace or verandah,
but does not include any of the following--
(c) any part of an awning, blind or canopy that is outside the outer wall of a building,
(d) the eaves,
(e) a lift shaft,
(f) a stairway,
(g) a void above a lower storey.

"floor area" , for an outbuilding referred to in Part 3, 3A, 3C, 3D or 4, means the sum of the areas of each storey of the outbuilding, measured at a height of 1.4m above each floor level, within the outer face of--
(a) the external walls of the outbuilding if it is enclosed, or
(b) the supporting columns or posts of the outbuilding if it is not enclosed,
but does not include any of the following--
(c) any part of an awning, blind or canopy that is outside the outer wall of a building,
(d) the eaves,
(e) a stairway.

"foreshore area" means the land between a foreshore building line and the mean high water mark of an adjacent waterbody (natural).

"foreshore building line" means the foreshore building line identified by--
(a) a development control plan adopted before 12 December 2008, or
(b) an environmental planning instrument.

"General Development Code" means the code for complying development set out in Part 4A.

"General Exempt Development Code" means the code for exempt development set out in Division 1 of Part 2.

"grain bunker" means a lined area in which grain is stored under a non-structural cover.

"Greenfield Housing Code" means the code for complying development set out in Part 3C.

"Greenfield Housing Code Area" means the area identified as the Greenfield Housing Code Area by the Greenfield Housing Code Area Map .

"Greenfield Housing Code Area Map" means the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Greenfield Housing Code Area Map .
Note : The Greenfield Housing Code Area Map adopted by this Policy is to be made available on the NSW legislation website.

"gross floor area" has the same meaning as it has in the Standard Instrument. However, in Part 3, 3B, 3C or 3D it means the sum of the floor area of each floor of a building measured from the internal face of external walls, or from the internal face of walls separating the building from any other building, measured at a height of 1.4m above the floor, and includes habitable rooms in a basement or an attic, but excludes the following--
(a) any storage area, vehicular access area, loading area, garbage area or services located in a basement,
(b) 1 car parking space per dwelling (including access to the parking space),
(c) any terrace or balcony with outer walls less than 1.4m high,
(d) voids above a floor at the level of a storey or storey above,
(e) any common area intended to be used by occupants of the building to access dwellings on higher or lower storeys of the building such as a stairwell or lift shaft.

"habitable room" has the same meaning as in the Building Code of Australia .
Note : The term is defined as a room used for normal domestic activities, other than a bathroom, laundry, toilet, pantry, walk in wardrobe, hallway, lobby, clothes drying room or other space of a specialised nature that is not occupied frequently or for extended periods.

"hard stand space" means an area of concrete, paving or other hard material at ground level designed solely for parking a motor vehicle.

"heritage conservation area" means an area of land identified as a heritage conservation area or a place of Aboriginal heritage significance, including any heritage items situated on or within that area, in an environmental planning instrument.

"heritage item" means a building, work, archaeological site, tree, place or Aboriginal object identified as a heritage item in an environmental planning instrument.

"horizontal plane" , in relation to a light fitting, means the horizontal plane passing through the centre of the light source (for example the bulb) of the light fitting.

"Housing Alterations Code" means the code for complying development set out in Part 4.

"Housing Code" means the code for complying development set out in Part 3.

"industry" has the same meaning as in the Standard Instrument but includes packaging industry.

"Inland Code" means the code for complying development set out in Part 3D.

"landholding" includes one or more lots of land (whether held under the same title, different titles or different kinds of titles) that constitute or are worked as a single property and that are contiguous with one another or are separated from one another only by a road, river, creek or other watercourse.

"lane" means a public road, with a width greater than 3m but less than 7m, that is used primarily for access to the rear of premises, and includes a nightsoil lane.

"Low Rise Housing Diversity Code" means the code for complying development set out in Part 3B.

"Low Rise Housing Diversity Design Guide" means the Low Rise Housing Diversity Design Guide published by the Department of Planning, Industry and Environment on the day on which State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Low Rise Housing Diversity Code) 2020 commences.
Note : A copy of the Guide is available on the website of the Department.

"manor house" means a residential flat building containing 3 or 4 dwellings, where--
(a) each dwelling is attached to another dwelling by a common wall or floor, and
(b) at least 1 dwelling is partially or wholly located above another dwelling, and
(c) the building contains no more than 2 storeys (excluding any basement).

"manual collection point" --see clause 5B.1.

"multi dwelling housing (terraces)" means multi dwelling housing where all dwellings are attached and face, and are generally aligned along, 1 or more public roads.

"off peak time" means any time other than peak time.

"outbuilding" means any of the following class 10a buildings under the Building Code of Australia --
(a) balcony, deck, patio, pergola, terrace or verandah that is detached from a dwelling house,
(b) cabana, cubby house, fernery, garden shed, gazebo or greenhouse,
(c) carport that is detached from a dwelling house,
(d) farm building,
(e) garage that is detached from a dwelling house,
(f) rainwater tank (above ground) that is detached from a dwelling house,
(g) shade structure that is detached from a dwelling house,
(h) shed.

"outside light fitting" means a light fitting that is attached or fixed outside, including on the exterior of, a building.

"packaging industry" means a building or place used for the handling, storage or packaging of any products for commercial purposes.

"parallel road" means, in the case of a lot that has boundaries with parallel roads, the road that is not the primary road.

"parallel road lot" means a lot that has boundaries with 2 parallel roads, not including a lane.

"parent lot" , in relation to subdivision, means the lot that is being subdivided.

"peak time" means--
(a) the time between 8:00 am and 10:00 pm on any Saturday, Sunday or public holiday, or
(b) the time between 7:00 am and 10:00 pm on any other day.

"performance solution" has the same meaning as in the Building Code of Australia .
Note : The term is defined as follows--

"performance solution" means a
"building solution" which complies with the
"performance requirements" other than by reason of satisfying the
"deemed-to-satisfy provisions" (where each of those terms is also defined in that document).

"Planning for Bush Fire Protection" means the document entitled Planning for Bush Fire Protection, ISBN 978 0 646 99126 9 , prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, Industry and Environment, dated November 2019.

"Premises Standards" means the Disability (Access to Premises--Buildings) Standards 2010 made under section 31 of the Disability Discrimination Act 1992 of the Commonwealth.

"primary road" means the road to which the front of a dwelling house, or a main building, on a lot faces or is proposed to face, and includes any road that intersects with that road at an angle of more than 135 degrees and with which the dwelling house or main building has contiguous boundaries.

"principal private open space" means an area outside a dwelling that is directly accessible from, and adjacent to, a habitable room in the dwelling, other than a bedroom.

"privacy screen" means--
(a) a structure that provides a screen or visual barrier between a window of a habitable room or an outdoor area on a lot and an adjoining lot that--
(i) has no individual opening more than 30mm wide, and
(ii) has a total area of all openings that is no more than 30% of the surface area of the screen or barrier, or
(b) a window, the whole of which has translucent glass and is fixed and not able to be opened.

"professional engineer" has the same meaning as in the Building Code of Australia .
Note : The term is defined as a person who is--
(a) if legislation is applicable--a registered professional engineer in the relevant discipline who has appropriate experience and competence in the relevant field, or
(b) if legislation is not applicable--
(i) a Corporate Member of the Institution of Engineers, Australia, or
(ii) eligible to become a Corporate Member of the Institution of Engineers, Australia, and has appropriate experience and competence in the relevant field.

"protected tree" means a tree that requires a separate permit or development consent for pruning or removal, but does not include a tree that may be removed without development consent under this Policy.

"residential zone" means Zone R1, R2, R3, R4 or R5.

"resulting lot" means a lot that is created through the subdivision of a parent lot.

"reverse vending machine" has the same meaning as in Part 5 of the Waste Avoidance and Resource Recovery Act 2001 .

"Rural Housing Code" means the code for complying development set out in Part 3A.

"rural zone" means Zone RU1, RU2, RU3, RU4, RU5 or RU6.

"secondary road" means, in the case of a corner lot that has boundaries with adjacent roads, the road that is not the primary road.

"setback" means the horizontal distance between the relevant boundary of the lot and the building line.

"setback area" means the area between the building line and the relevant boundary of the lot.

"shielded light fitting" means a light fitting that does not permit light to shine above the horizontal plane.

"Siding Spring Observatory" has the same meaning as in clause 5.14 of the Standard Instrument.

"site coverage" means the proportion of a site area covered by buildings.

"Standard Instrument" means the standard local environmental planning instrument prescribed by the Standard Instrument (Local Environmental Plans) Order 2006 .

"standard lot" means a lot that is not a battle-axe lot, a corner lot or a parallel road lot.

"Subdivisions Code" means the code for complying development set out in Part 6.

"Temporary Uses and Structures Exempt Development Code" means the code for exempt development set out in Division 3 of Part 2.

"the Act" means the Environmental Planning and Assessment Act 1979 .

"water utility" means--
(a) a council or county council exercising water supply functions under Division 2 of Part 3 of Chapter 6 of the Local Government Act 1993 , or
(b) a water supply authority or major utility within the meaning of the Water Management Act 2000 .

"working day" means a day other than a Saturday, Sunday or public holiday.
Note : The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.
(2) A word or expression used in this Policy has the same meaning as it has in the Standard Instrument unless it is otherwise defined in this Policy.
(3) A reference in this Policy to any type of residential accommodation has the same meaning as it has in the Standard Instrument (unless it is otherwise defined in this Policy), but does not include any part of the building that is ancillary development, attached development, detached development or exempt development under this Policy.
(3) For the purposes of calculating site coverage of development, the following are not to be included in determining the area covered by buildings--
(a) an access ramp,
(b) any part of an awning, blind or canopy that is outside the outer wall of a building,
(c) a balcony, deck, patio, pergola, terrace or verandah attached to a dwelling house that is not enclosed by a wall higher than 1.4m above the floor level,
(d) the eaves of a building,
(e) a driveway,
(f) a farm building,
(g) a fence or screen,
(h) a pathway or paving,
(i) a rainwater tank that is attached to a dwelling house,
(j) a swimming pool or spa pool.
(4) A reference in this Policy to a type of building or other thing is a reference to development for the purposes of that type of building or other thing.
(5) Notes and diagrams included in this Policy do not form part of this Policy.



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