New South Wales Consolidated Regulations

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

Complying development on bush fire prone land

3C.5 Complying development on bush fire prone land

(1) This clause does not apply to the following complying development under this code--
(a) non-habitable detached development that is more than 6m from any dwelling house,
(b) landscaped areas,
(c) non-combustible fences,
(d) swimming pools.
Note : See clause 1.19A for additional provisions relating to bush fire prone land.
(2) If complying development under this code is carried out on bush fire prone land, the following development standards also apply in addition to any other development standards--
(b) the lot on which the development is to be carried out must have direct access to a public road or a road vested in or maintained by the council,
(c) the dwelling house must be able to be connected to mains electricity,
(d) if reticulated or bottled gas is installed and maintained on the lot--
(i) it must be installed and maintained in accordance with AS/NZS 1596:2014, The storage and handling of LP Gas , and
(ii) the storage and handling of any LP gas on the lot must comply with the requirements of the relevant authorities (including the use of metal piping),
(e) any gas cylinder stored on the lot within 10m of any dwelling house must--
(i) have its release valves directed away from the dwelling house, and
(ii) be enclosed on the hazard side of the installation, and
(iii) have metal connections to and from the cylinder,
(f) there must not be any polymer sheathed flexible gas supply lines to gas meters adjacent to the dwelling house,
(g) if the development is carried out on a lot in Zone RU5, there must be--
(i) a reticulated water supply connection to the lot and a fire hydrant within 70m of any part of the development, or
(ii) a 10,000 L capacity water tank on the lot,
(h) if the development is carried out on a lot in any zone other than Zone RU5, there must be--
(i) a reticulated water supply connection to the lot, and
(ii) a fire hydrant within 70m of any part of the development,
(i) the development must conform to the specifications and requirements of Planning for Bush Fire Protection that are relevant to the development.
Note 1 :
"Attached development" ,
"council" ,
"detached" and
"dwelling house" are defined in clause 1.5.
Note 2 :
"Bush fire prone land" ,
"landscaped area" ,
"road" and
"swimming pool" have the same meanings as they have in the Standard Instrument.



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