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

Development that is complying development under this code

3D.3 Development that is complying development under this code

(1) The following development is complying development under this code--
(a) subject to subclause (2), the erection of a new 1 or 2 storey dwelling house and any attached development,
(b) the alteration of, or an addition to, a 1 or 2 storey dwelling house (including any addition that results in a 2 storey dwelling house) and any attached development,
(c) the erection of a farm building or detached development and the alteration of, or an addition to, a farm building or detached development.
(2) For the purposes of calculating the number of storeys in a dwelling house under this code any basement (including a garage) is to be counted as a storey.
Note 1 : Although a basement is to be counted as a storey for the purposes of calculating the number of storeys in a dwelling house, a basement is a type of attached development for the purposes of complying development under this code.
Note 2 :
"Storey" is defined in the Standard Instrument as a space within a building that is situated between one floor level and the floor level next above, or if there is no floor above, the ceiling or roof above, but does not include--
(a) a space that contains only a lift shaft, stairway or meter room, or
(b) a mezzanine, or
(c) an attic.
graphic
(3) Development specified for this code may only be carried out on a lot that has lawful direct frontage access or a right of carriageway to a public road or a road vested in or maintained by the council (other than an unformed Crown road or a Crown road vested in the Council, but not maintained).
(4) If, under section 88B of the Conveyancing Act 1919 , a restriction is created that specifies a building envelope for a lot, development specified for this code may only be carried out within the building envelope specified.
(5) Erection of attached development and detached development Complying development specified for this code that is attached development or detached development may be carried out on a lot--
(a) if a dwelling house exists on the lot--at any time, or
(b) if there is a current development consent or complying development certificate for the construction of a dwelling house on the lot--before or during the construction of the dwelling house.
Note 1 :
"Attached development" ,
"detached development" ,
"development consent" and
"dwelling house" are defined in clause 1.5.
"Basement" has the same meaning as it has in the Standard Instrument.
"Complying development certificate" has the same meaning as it has in the Act.
Note 2 : Clauses 1.17A, 1.18 and 1.19(1) and Schedules 3 and 5 of this Policy contain additional requirements for complying development.



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