New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 3D.12

3D.12 Minimum setbacks

(1) Primary and secondary road setbacks The setback of a dwelling house and any attached development from a primary or secondary road must be at least--

(a) in the case of a sealed primary road--

(i) in Zones RU1, RU2, RU3 and RU6--50m, or

(ii) in Zone RU4--30m, or

(b) in the case of a sealed secondary road--10m, or

(c) in the case of any unsealed road--50m.

:

(2) Road setbacks--road widening proposals If the development is on a lot that is subject to a proposed road widening under an environmental planning instrument, a development control plan or section 88B or 195A of the Conveyancing Act 1919 , any road setback of a dwelling house and any attached development must be measured from the proposed boundary with the road.

(3) Classified road setbacks Despite any other setback specified in this clause, a dwelling house and any attached development must have at least the setback from a classified road of--

(a) if another environmental planning instrument or a development control plan applying to that lot specifies a setback for those circumstances--the setback specified by the other instrument or the development control plan, or

(b) the setback specified by subclause (1),

whichever is the greater.

(4) Side setbacks The following buildings must have a minimum setback from a side boundary of 10m--

(a) a dwelling house,

(b) a carport or garage,

(c) a balcony, deck, patio, pergola, terrace or verandah,

(d) a cabana, cubby house, garden shed, gazebo, fernery, greenhouse or shed.

(5) Rear setbacks The following buildings on a lot (other than a lot that only has 3 boundaries) must have a minimum setback from the rear boundary of 15m--

(a) a dwelling house,

(b) a carport or garage,

(c) a balcony, deck, patio, pergola, terrace or verandah,

(d) a cabana, cubby house, garden shed, gazebo, fernery, greenhouse or shed.

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

(7) Setbacks from watercourses A dwelling house and any attached development must have a setback of at least 40m from the bank of any perennial watercourse identified on a 1:50,000 topographical map published by Spatial Services in the Department of Finance, Services and Innovation.

Note : Clause 3D.14 contains certain exclusions from, and exceptions to, the setbacks in this clause.