New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 3B.24

3B.24 Minimum setbacks and maximum height and length of boundary walls

(1) Primary road setbacks The setback of a manor house, dual occupancy and any attached development from a primary road must not be less than the average setback from the primary road of the 2 nearest buildings within 40m of the lot and on the same side of the primary road that are residential accommodation.     

(2) For the purpose of determining the setbacks from the primary road of the 2 nearest buildings that are residential accommodation, the following are not to be included--

(a) buildings on battle-axe lots,

(b) attached development and detached development on other lots,

(c) building elements in the articulation zone.

Note--: Setbacks for boundaries with classified roads and public reserves are set out in subclauses (9) and (10).

(3) If there are not 2 buildings that are residential accommodation within 40m of the lot on the same side of the primary road, the manor house or dual occupancy and any attached development must have a minimum setback from the boundary with the primary road as shown in the following table--

	Lot area	Minimum setback from primary road boundary
	400m 2 -900m 2	4.5m
	>900m 2 -1,500m 2	6.5m
	>1,500m 2	10m

(4) Side setbacks A manor house, dual occupancy or any attached development must have a minimum setback from a side boundary of 1.5 m.

(5) Despite subclause (4), any part of a manor house, dual occupancy or any attached development that is more than 10m behind the building line and that is more than 4.5m above ground level (existing) must have a minimum setback from a side boundary of--

"s" is the minimum setback in metres.

"h" is the height of the part of the building in metres.

(6) Rear setbacks Each part of a manor house or dual occupancy and any attached development must have a minimum setback from the rear boundary as shown in the following table--

	Lot area	Height of building part	Minimum setback from rear boundary
	400m 2 -1,500m 2	0m-4.5m	6m
	>1,500m 2	0m-4.5m	10m
	400m 2 -1,500m 2	>4.5m-8.5m	10m
	>1,500m 2	>4.5m-8.5m	15m

Note--: Certain exceptions to the rear setbacks apply if the lot has a rear boundary with a lane (see clause 3B.25(4)).

(7) Secondary road setbacks for corner lots Despite any other setback specified in this clause, a dual occupancy, manor house and any attached development must have a minimum setback from a boundary with a secondary road as shown in the following table--

	Lot area	Minimum setback from secondary road boundary
	400m 2 -1,500m 2	3m
	>1,500m 2	5m

(8) Parallel road setbacks for parallel road lots Despite any other setback specified in this clause, a dual occupancy, manor house and any attached development must have a setback from a boundary with a parallel road of at least 3m.

(9) Classified road setbacks Despite any other setback specified in this clause, a dual occupancy, manor house and any attached development must have a setback from a boundary with a classified road of at least 9m.

(10) Public reserve setbacks Despite any other setback specified in this clause, a dual occupancy, manor house and any attached development must have a setback from a boundary with a public reserve of at least 3m.

Note 1--:
"Articulation zone" ,
"attached development" ,
"battle-axe lot" ,
"boundary wall" ,
"building element" ,
"building line" ,
"detached development" ,
"dwelling house" ,
"lane" ,
"primary road" ,
"setback" and
"standard lot" are defined in clause 1.5.

Note 2--:
"Building height" ,
"classified road" and
"ground level (existing)" have the same meanings as they have in the Standard Instrument.