New South Wales Consolidated Regulations

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STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 3A.19

Exceptions to setbacks

3A.19 Exceptions to setbacks

Despite any other clause in this Subdivision--

(a) a new dwelling house, outbuilding or detached studio must have a setback of at least 3m from a boundary with a public reserve, and
(b) side and rear setbacks and setbacks from the boundary with a road do not apply to the existing parts of a dwelling house or ancillary development where it is proposed to carry out any of the following--
(i) alterations or additions to an existing dwelling house,
(ii) alterations or additions to existing ancillary development, and
(c) side and rear setbacks do not apply to--
(i) any aerial, antenna, awning, eave, flue, chimney, pipe, cooling or heating appliance, any rainwater tank greater than 1.8m in height or any other structure associated with the provision of a utility service, if it is located at least 450mm from the relevant boundary, and
(ii) any fence, fascia, gutter, downpipe, light fitting, electricity or gas meter, driveway, hard stand space, pathway or paving, if it is located within any required setback area to the relevant boundary, and
(c1) the setback from a road does not apply to--
(i) a driveway, fence, hard stand space, pathway, paving or retaining wall, or
(ii) any building element that is permitted within the articulation zone, and
(d) a dwelling house or outbuilding must have a setback of at least 40m from the bank of any perennial watercourse identified on a 1:50,000 topographical map published by Spatial Services in the Department of Finance, Services and Innovation, and
(e) a dwelling house or outbuilding must have a setback of at least 250m from a boundary with adjoining land being used for any of the following--
(i) forestry,
(ii) intensive livestock agriculture,
(iii) intensive plant agriculture,
(iv) mines and extractive industries,
(v) railway lines,
(vi) rural industries.



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