New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 3A.5

3A.5 Ancillary development

(1) The erection of new ancillary development, or alterations or additions to existing ancillary development, is development specified for this code if the development is ancillary to a dwelling house and erected on a lot--

(a) in Zone RU1, RU2, RU3, RU4 or RU6 that has an area of at least 4,000m 2, or

(b) in Zone R5.

(2) Subclause (1) does not include development specified in the Housing Alterations Code.

(3) Ancillary development that is permitted by a current complying development certificate may be erected on a lot--

(a) if a dwelling house exists on the lot--at any time, or

(b) if there is a current development consent or complying development certificate for the construction of a dwelling house on the lot--before the construction of the dwelling house.

Note : See clause 1.19(1)(a) in relation to development that is detached ancillary development or a swimming pool in a heritage conservation area or a draft heritage conservation area.