New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 3.2

3.2 Development that is not complying development under this code

(1) The following development is not complying development under this code--

(a) the erection or alteration of, or an addition to, a roof terrace on the top most roof of a building,

(b) development that is complying development under the Housing Alterations Code,

(c) development that is attached to a secondary dwelling or group home,

(d) the erection of a building over a registered easement,

(e) the construction of a basement that will have an area that exceeds the limits shown in the following table--

	Lot width measured at the building line	Maximum area of basement
	6-10m	25m 2
	>10m	45m 2

(f) the erection of a common wall,

(g) the alteration of, or an addition to, a garage or carport that is located forward of the building line,

(h) development on land identified as susceptible to landslide risk in--

(i) an environmental planning instrument applying to the land, or

(ii) for land to which Warringah Local Environmental Plan 2011 applies--"Area C" or "Area E" on the Landslip Risk Map within the meaning of that Plan.

(2) Development involving the construction of gutters or eaves over a registered easement may, despite subclause 3.2(1)(d), be complying development under this code if--

(a) the registered easement is for the purposes of maintenance and allows gutters or eaves to be constructed over the registered easement, and

(b) no part of the building other than the gutters and eaves is located over the registered easement.

Note 1--:
"Attached" ,
"building line" ,
"common wall" and
"Housing Alterations Code" are defined in clause 1.5.

Note 2--:
"Basement" ,
"building" ,
"group home" and
"secondary dwelling" have the same meanings as they have in the Standard Instrument.