New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 3.11

3.11 Exceptions to setbacks

(1) Development to which side and rear setbacks do not apply The setback standards specified in clause 3.10(4) and (10) do not apply to the following--

(a) downpipes,

(b) driveways,

(c) electricity or gas meters,

(d) fascias,

(e) gutters,

(f) light fittings,

(g) pathways and paving,

(h) access ramps to the ground floor,

(i) fences.

(2) Development to which side and rear setbacks do not apply if 450mm from boundary The setback standards specified in clause 3.10(4) and (10) do not apply to the following if they are at least 450mm from the relevant boundary--

(a) aerials,

(b) antennae,

(c) awnings,

(d) chimneys,

(e) cooling or heating appliances,

(f) eaves,

(g) flues,

(h) pipes,

(i) privacy screens,

(j) rainwater tanks not more than 1.8m in height,

(k) structures associated with the provision of a utility service.

(3) Road setbacks do not apply to eaves within 1m The setback standards specified in clause 3.10(1), (3), (11), (12) and (13) do not apply to eaves if they are within 1m of the dwelling house.

(4) Development to which road setbacks do not apply The setback standards specified in clause 3.10(1), (3), (11), (12) and (13) do not apply to the following--

(a) driveways,

(b) pathways and paving,

(c) retaining walls,

(d) any building elements that are permitted within a primary or secondary articulation zone.

(5) Lots with rear lanes Despite clause 3.10(10), if the lot has a rear boundary with a lane, the building may be erected within 900mm of, or abut, the rear boundary for a maximum of 50% of the length of that boundary.

(6) Certain attached development may be built within parallel road setback Despite clause 3.10(12), a cabana, cubby house, fernery, garden shed, gazebo, greenhouse or shed may be built within 3m of, or abut, a parallel road boundary for a maximum of 50% of the length of that boundary if the parallel road is not a classified road.

(7) Setbacks do not apply to existing parts of dwelling house or attached development The setback standards specified in clause 3.10 do not apply to any existing parts of a dwelling house or attached development that will remain on the lot after the complying development is carried out.

Note 1--:
"Articulation zone" ,
"attached development" ,
"dwelling house" ,
"primary road" and
"setback" are defined in clause 1.5.

Note 2--:
"Classified road" and
"public reserve" have the same meanings as they have in the Standard Instrument.

Note 3--:
"Environmental planning instrument" has the same meaning as it has in the Act.