New South Wales Consolidated Regulations

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STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 3B.36

Minimum setbacks and maximum height and length of boundary walls

3B.36 Minimum setbacks and maximum height and length of boundary walls

(1) Primary road setbacks The setback of multi dwelling housing (terraces) and any attached development (on land in Zone RU5, Zone R1 or Zone R2) 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 any of the following--
(a) dwelling house,
(b) dual occupancy,
(c) multi dwelling housing (terraces).
Note : Clause 3B.37 contains certain exclusions from, and exceptions to, the setbacks in this clause.
graphic
(2) For the purpose of determining the setbacks from a primary road of the 2 nearest buildings that are dwelling houses, dual occupancies or multi dwelling housing (terraces), the following are not to be included--
(a) buildings on battle-axe lots,
(b) any attached development or detached development on other lots,
(c) building elements in the articulation zone.
(3) If there are not 2 buildings that are dwelling houses, dual occupancies or multi dwelling housing (terraces) within 40m of the lot on the same side of the primary road or if the development is on land in Zone R3, the multi dwelling housing (terraces) and any attached development must have a minimum setback from the boundary with the primary road of 3.5m.   graphic  
(4) Side setbacks Multi dwelling housing (terraces) and any attached development must have a minimum setback from a side boundary of 1.5m.   graphic  
(5) Rear setbacks Each part of multi dwelling housing (terraces) and any carport, garage, balcony, deck, patio, pergola, terrace or verandah 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
>600m 2 -900m 2 0m-4.5m 3m
>600m 2 -900m 2 >4.5m-8.5m 8m
>900m 2 -1,500m 2 0m-4.5m 5m
>900m 2 -1,500m 2 >4.5m-8.5m 12m
>1,500m 2 0m-4.5m 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.37(4)).
graphic
(6) Secondary road setbacks for corner lots Despite any other setback specified in this clause, multi dwelling housing (terraces) 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
600m 2 -900m 2 2m
>900m 2 -1,500m 2 3m
>1,500m 2 5m
(7) Parallel road setbacks for parallel road lots Despite any other setback specified in this clause, multi dwelling housing (terraces) and any attached development must have a setback from a boundary with a parallel road of at least 3m unless 1 of the dwellings in the multi dwelling housing (terraces) faces the parallel road, in which case the setback must be the same as if the parallel road were a primary road.
(8) Classified road setbacks Despite any other setback specified in this clause, multi dwelling housing (terraces) and any attached development must have a setback from a boundary with a classified road of at least 9m.
(9) Public reserve setbacks Despite any other setback specified in this clause, multi dwelling housing (terraces) 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.



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