New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 3B.25

3B.25 Exceptions to setbacks

(1) Development to which side and rear setbacks do not apply The setback standards specified in clause 3B.24(4), (5) and (6) do not apply to the following--

(a) access ramps,

(b) downpipes,

(c) driveways and hard stand spaces,

(d) electricity or gas meters,

(e) fascias,

(f) fences,

(g) gutters,

(h) light fittings,

(i) pathways and paving,

(j) steps.

(2) Development to which side and rear setbacks do not apply if 450mm from boundary The setback standards specified in clause 3B.24(4), (5) and (6) do not apply to the following if they are 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) privacy screens,

(j) rainwater tanks,

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

(3) Development to which road setbacks do not apply The setback standards specified in clause 3B.24(1), (3), (7), (8) and (9) do not apply to the following--

(a) access ramps,

(b) driveways,

(c) eaves,

(d) pathways and paving,

(e) retaining walls,

(f) any building elements that are permitted within a primary road articulation zone,

(g) steps.

(4) Lots with rear lanes Despite clause 3B.24(6), if the lot has a rear boundary with a lane, the building may be erected within 900mm of, or abut, the rear boundary for a maximum of 50% of the length of the boundary.

(5) Certain attached development may be built within parallel road setback Despite clause 3B.24(8), a cabana, cubby house, fernery, garden shed, gazebo, greenhouse or shed may be built within 3m of, or abut, a parallel road boundary for a maximum of 50% of the length of that boundary if the parallel road is not a classified road.

(6) Setbacks do not apply to existing parts of dual occupancy, manor house or attached development The setback standards specified in clause 3B.24 do not apply to any existing parts of a dual occupancy, manor house or attached development that will remain on a lot after the complying development is carried out.

Note 1 :
"Dwelling house" ,
"primary road" and
"setback" are defined in clause 1.5.

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