New South Wales Consolidated Regulations New South Wales Consolidated Regulations
(1) Primary and secondary road setbacks Detached development (other than a detached garage or carport) must be located behind the building line of a building that is residential accommodation that is adjacent to any primary road or secondary road.Note 1 : Primary and secondary road setbacks for detached garages and carports are set out in clause 3B.50.Note 2 : Clause 3B.54 contains certain exclusions from, and exceptions to, the setbacks specified in this clause.
(2) Side setbacks Detached development that is any of the following must have a minimum setback from the side boundary of a lot of 900mm--(a) a deck, patio, pergola, terrace or verandah,(b) a cabana, cubby house, fernery, garden shed, gazebo or greenhouse,(c) a carport or garage,(d) a rainwater tank (above ground),(e) a shade structure or a shed.Note : Side boundary setbacks for detached studios are set out in clause 3B.52.
(3) Built to boundary setbacks Despite subclause (2), detached development that is referred to in that subclause may be built to 1 or both side boundaries if--(a) the detached development relates to a dual occupancy or multi dwelling housing (terraces), and(b) any building wall on the adjoining lot that is within 900mm of that boundary is of masonry construction and does not have a window facing that boundary, and(c) any wall erected within 900mm of a side boundary will not contain a door, window or any other opening facing that boundary,but if the lot width measured at the building line is more than 8m, but not more than 12.5m the detached development may be built to 1 side boundary only.
(4) Maximum height of built to boundary walls The height of a wall erected within 900mm of a side boundary must not exceed--(a) 3.3m above ground level (existing), or(b) if there is a building wall on the adjoining lot within 900mm of that boundary that is higher than 3.3m--the height of that wall, but not more than 4.5m, or(c) if the building on the adjoining lot is subject to the same complying development certificate under clause 126(4) of the Environmental Planning and Assessment Regulation 2000 --the height of the wall on the adjoining lot, but not more than 4.5m, or(d) if the detached development is a detached studio that is above a garage--the height of the built to boundary wall on the adjoining lot, but not more than 6m.
(5) Maximum length of built to boundary walls The length of all walls on the lot that are within 900mm of a side boundary must not exceed 10m.
(6) Despite subclause (5), the length of a wall erected within 900mm of a side boundary must not exceed--(a) if the length of the built to boundary wall on the adjoining lot is longer than the maximum length calculated under subclause (6)--the length of that wall, or(b) if the building on the adjoining lot is subject to the same complying development certificate under clause 126(4) of the Environmental Planning and Assessment Regulation 2000 --the length of the wall on the adjoining lot.
(7) Rear setbacks Any of the following detached development that relates to a dual occupancy where no part of a dwelling is located above any part of another dwelling or that relates to multi dwelling housing (terraces) must have a minimum setback from the rear boundary of a lot of 900mm (unless there is a wall of a building on the adjoining lot that is within 900mm of the boundary and that wall is of masonry construction and does not have a window facing the boundary)--(a) a cabana, cubby house, fernery, garden shed, gazebo or greenhouse,(b) a rainwater tank (above ground),(c) a shade structure or a shed.
(8) Any of the following detached development that relates to a dual occupancy (attached) where part of a dwelling is located above part of another dwelling or that relates to a manor house must have a minimum setback from the rear boundary of a lot as shown in the table to this subclause--(a) a cabana, cubby house, fernery, garden shed, gazebo or greenhouse,(b) a rainwater tank (above ground),(c) a shade structure or a shed.
Lot area Minimum setback from rear boundary 400m 2 -900m 2 900mm >900m 2 -1,500m 2 1.5m >1,500m 2 2.5m Note : Rear setbacks for detached garages and carports, detached decks, patios, pergolas, terraces and verandahs and detached studios are set out in clauses 3B.50, 3B.51 and 3B.52, respectively.
(9) Parallel road setbacks for parallel road lots Detached development on a lot must have a minimum setback from a parallel road of 3m.Note : Clause 3B.54(4) contains exceptions to this setback for certain types of detached development.
(10) Setbacks from classified roads Despite any standard for a setback specified by this clause, detached development must have a setback from a boundary with a classified road of at least--(a) in the case of detached development related to a dual occupancy--the setback for a dual occupancy from a classified road specified by any other environmental planning instrument applying to the land, or(b) in the case of detached development related to a manor house--the setback for a manor house from a classified road specified by any other environmental planning instrument applying to the land, or(c) in the case of detached development related to multi dwelling housing (terraces)--the setback for multi dwelling housing (terraces) from a classified road specified by any other environmental planning instrument applying to the land, or(d) if no setback is specified for the purposes of paragraph (a), (b) or (c)--9m.
(11) Setbacks from public reserves Despite any standard for a setback specified by this clause, the following detached development must have a setback from a boundary with a public reserve of at least 3m--(a) a cabana, cubby house, fernery, garden shed, gazebo or greenhouse,(b) a carport or garage,(c) a deck, patio, pergola, terrace or verandah,(d) a rainwater tank (above ground),(e) a shade structure or shed.Note :
"Public reserve" has the same meaning as it has in the Standard Instrument.
