New South Wales Consolidated Regulations
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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.
"Agritourism and Farm Stay Accommodation Code" means the code for complying
development set out in Part 9.
"Agritourism and Farm Stay Accommodation Exempt and Complying Development Map"
means the State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 Agritourism and Farm Stay Accommodation Exempt and
Complying Development Map .
"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.
"annexe" has the same meaning as in the Local Government (Manufactured Home
Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation
2021 .
"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 .
"campervan" has the same meaning as in the
Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds
and Moveable Dwellings) Regulation 2021 .
"caravan" has the same meaning as in the Local Government (Manufactured Home
Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation
2021 .
"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 .
"Industrial and Business Alterations Code" means the code for complying
development set out in Part 5.
"Industrial and Business Buildings 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 Industrial and Business Alterations
Code,
(e1) the Industrial and Business Buildings Code,
(e2) the Container
Recycling Facilities Code,
(f) the Subdivisions Code,
(g) the Demolition
Code,
(h) the Fire Safety Code,
(i) the Inland Code,
(j) the Agritourism
and Farm Stay Accommodation 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.
"drop edge beam" means a vertical concrete slab-- (a) constructed at the edge
of a horizontal concrete slab, and
(b) designed to hold fill under the
horizontal concrete slab.
"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 State Environmental
Planning Policy (Resilience and Hazards) 2021 , Schedule 1,
(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 (Resilience and Hazards) 2021 , Chapter 2,
(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.
"flood compatible material" means building materials and surface finishes
capable of withstanding prolonged immersion in water.
"flood planning level" , for a lot, means-- (a) the flood planning level
adopted by a local environmental plan applying to the lot, or
(b) if a flood
planning level is not adopted by a local environmental plan applying to the
lot--the flood planning level adopted in a development control plan by the
council for the lot, or
(c) if a flood planning level is not adopted by a
development control plan applying to the lot--the flood planning level
otherwise adopted by the council for the lot.
"Flood Risk Management Manual" means the Flood Risk Management Manual, ISBN
978-1-923076-17-4 , published by the NSW Government in June 2023.
"floor area" , for a balcony, deck, patio, pergola, terrace or verandah
referred to in Part 2, 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 2, 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.
"flow path" means a flow path identified in the council's flood study or
floodplain risk management study carried out in accordance with the Flood Risk
Management Manual .
"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.
"fruit and produce picking" , by a visitor to farm gate premises, means
picking, gathering, selecting or otherwise harvesting fruit, vegetables and
other agricultural products from the farm for purchase by the visitor.
"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, if-- (i) the dwelling is not a secondary dwelling, and
(ii)
the excluded area is not more than 18m 2,
(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.
"high hazard area" means a high hazard area identified in the council's flood
study or floodplain risk management study carried out in accordance with the
Flood Risk Management Manual .
"high risk area" means a high risk area identified in the council's flood
study or floodplain risk management study carried out in accordance with the
Flood Risk Management Manual .
"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.
"human waste storage facility" has the same meaning as in the
Local Government Act 1993 .
"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.
"Noise Policy" means the document entitled NSW Noise Policy for Industry (ISBN
978 1 76039 481 3) published in October 2017 by the Environment Protection
Authority.
"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 prescribed by the
Environmental Planning and Assessment Regulation 2021 , section 271.
"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) registered in the
relevant discipline on the National Engineering Register (NER) of the
Institution of Engineers Australia (which trades as 'Engineers Australia'), or
(ii) eligible to become registered on the Institution of Engineers Australia's
NER and has appropriate experience and competence in the relevant field.
"protected tree" means a tree that requires a separate permit, approval 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.
"significantly contaminated land" has the same meaning as in the
Contaminated Land Management Act 1997 .
"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.
"Sydney Drinking Water Catchment" has the same meaning as in State
Environmental Planning Policy (Biodiversity and Conservation) 2021 , Chapter
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.
(4) 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.
(5) 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.
(6)
Notes and diagrams included in this Policy do not form part of this Policy.
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