New South Wales Consolidated Regulations New South Wales Consolidated Regulations
(1) The following standards are specified for that development--(a) the development must not be higher than--(i) for a landholding that has an area of less than 10ha--7m above ground level (existing), and(ii) for a landholding that has an area of 10ha or more--10m above ground level (existing),(b) if the development is located on land that is identified for the purposes of an environmental planning instrument as "Land with scenic and landscape values" on a Scenic and Landscape Values Map or as "Scenic Protection Area" on a Scenic Protection Map or Scenic Protection Area Map--it must not be higher than 7m,(c) if the development--(i) is on a landholding that has an area of more than 4ha, and(ii) is on a landholding in relation to which the natural ground at any point within 100m of the ridgeline of any hill is at least 20m lower than the ridgeline, and(iii) is located within 100m of that ridgeline,it must be sited on the landholding so that the highest point of the development is at least 5m below that ridgeline,(d) subject to paragraph (e), the footprint of a farm building must not exceed 200m 2,(e) the footprint of all farm buildings (other than grain bunkers) on a landholding must not exceed the footprint shown in the following table--
Landholding area Maximum footprint of all farm buildings (other than grain bunkers) 0-4ha 2.5% of the area of the landholding >4ha-10ha 1,000m 2 >10ha 2,000m 2 (f) the development must be located at least 20m from any road boundary and have a minimum setback from any other boundary as shown in the table to this paragraph--
Building footprint Minimum setback from boundary 0-100m 2 10m >100m 2 -200m 2 50m (g) a farm building must be located at least 6m from any other farm building (including any farm building that is a stock holding yard, grain silo or grain bunker) on the landholding or on an adjoining landholding,(h) the development must be located at least 50m from a waterbody (natural),(i) the development must be designed by, and constructed in accordance with the specifications of, a professional engineer,(j) if the development is a shipping container, there must not be more than the following number of shipping containers per landholding--(i) for a landholding that has an area of less than 400ha--1,(ii) for a landholding that has an area of 400ha or more--5,(k) the development must not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 2 kilometres of the proposed development and reported to the Civil Aviation Safety Authority,(l) despite clause 2.30(a), excavation for the purposes of structural supports may exceed a depth of 600mm, measured from ground level (existing), unless the land is identified for the purposes of an environmental planning instrument as Class 1-5 on an Acid Sulfate Soils Map.
(2) In this clause,
"footprint" means the area of the ground surface occupied by a building, including the walls, footings and roofing of the building, and extending to the perimeter of the foundations and other means of structural support to the building, but does not include the area of access ramps, eaves and sunshade devices.
Note 1 : There are other existing legislative requirements relating to the clearance of power lines, substations and Obstacle Limitation Surfaces near airport flight paths.
Note 2 : The consent of the appropriate roads authority is required under section 138 of the Roads Act 1993 for the carrying out of certain works in relation to roads, including the building of any crossover or creating road access.