New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 3.26

3.26 Exceptions to setbacks

(1) Development to which side and rear setbacks do not apply The side and rear setback standards specified in this Subdivision do not apply to the following--

(a) downpipes,

(b) driveways,

(c) electricity or gas meters,

(d) fascias,

(e) fences,

(f) gutters,

(g) light fittings,

(h) pathways and paving.

(2) Development to which side and rear setbacks do not apply if 450mm from boundary The side and rear setback standards specified in this Subdivision do not apply to the following if they are located 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) rainwater tanks not more than 1.8m in height,

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

(3) Development to which road setbacks do not apply The road setbacks specified in this Subdivision do not apply to the following--

(a) driveways,

(b) fences,

(c) pathways and paving,

(d) retaining walls.

(4) Rear boundaries with parallel roads or rear lanes Despite any rear setback specified in this Subdivision, if a lot has a rear boundary with a parallel road or lane, the following detached development may be erected within 3m of, or abut, the rear boundary for not more than 50% of the length of that boundary--

(a) a cabana, cubby house, fernery, garden shed, gazebo or greenhouse,

(b) a carport or garage,

(c) a rainwater tank (above ground),

(d) a shade structure or shed.

(5) Setbacks do not apply to existing parts of detached development The setback standards specified in this Subdivision do not apply to any existing parts of detached development that will remain on the lot after the complying development is carried out.

Note 1--:
"Articulation zone" ,
"boundary wall" ,
"building line" ,
"dwelling house" and
"setback" are defined in clause 1.5.

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

Note 3--:
"Complying development certificate" has the same meaning as it has in the Act.