New South Wales Consolidated Regulations New South Wales Consolidated Regulations
(1) Primary road setbacks The primary road setback of a dwelling house and any attached development on a lot with an area of less than 4,000m 2 must not be less than the average primary road setback of the 2 nearest dwelling houses on the same side of the primary road.Note--: Clause 3D.33 contains certain exclusions from, and exceptions to, the setbacks in this clause.
(2) For the purpose of determining the primary road setbacks of the 2 nearest dwelling houses, the following are not to be included--(a) dwelling houses 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 dwelling houses within 40m of the lot on the same side of the primary road boundary, a dwelling house and any attached development on a lot with an area of less than 4,000m 2 must have a minimum setback from the boundary with the primary road of 10m.
(4) A dwelling house and any attached development on a lot with an area of 4,000m 2 or more must have a minimum setback from the boundary with the primary road of 15m.:
(5) Secondary road setbacks for corner lots Despite any other standard for a setback specified by this clause, a dwelling house and any attached development must have a minimum setback from a boundary with a secondary road as shown in the following table--
Lot size Minimum setback from secondary road boundary <4,000m 2 5m 4,000m 2 or more 10m :
(6) Parallel road setbacks for parallel road lots The setback from a parallel road of a dwelling house and any attached development on a lot with an area of less than 4,000m 2 must be at least 10m.:
(7) Classified road setbacks Despite any other standard for a setback specified by this clause, a dwelling house and any attached development must have a setback from a boundary with a classified road of at least--(a) the setback for a dwelling house from a classified road specified by another environmental planning instrument applying to the land, or(b) the minimum setback specified under this clause from a primary, secondary or parallel road, or(c) 9m,whichever is the greater.
(8) Road setbacks--unsealed roads Despite any other setback specified in this clause, a dwelling house and any attached development must have a minimum setback from a boundary with an unsealed road of 50m.
(9) 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 , the setback of a dwelling house and any attached development must be measured from the proposed boundary with the road.
(10) Side setbacks A dwelling house and any attached development must have a minimum setback from a side boundary as shown in the following table--
Lot size Minimum setback from side boundary <4,000m 2 2.5m 4,000m 2 or more 10m :
(11) Rear setbacks A dwelling house and any attached development (other than on a lot that only has 3 boundaries) must have a minimum setback from the rear boundary as shown in the following table--
Lot area Minimum setback from rear boundary <1,000m 2 8m 1,000m 2 - <4,000m 2 10m 4,000m 2 or more 15m Note--: Certain exceptions to the rear setbacks apply if the lot has a rear boundary with a lane (see clause 3D.33(3)).
(12) Setbacks from certain adjoining land Despite any other clause in this Subdivision, a new dwelling house must have a setback of at least 250m from a boundary with adjoining land being used for any of the following--(a) forestry,(b) intensive livestock agriculture,(c) intensive plant agriculture,(d) mines and extractive industries,(e) railway lines,(f) rural industries.:
(13) Public reserve setbacks Despite any other clause in this Subdivision, a new dwelling house and any attached development must have a setback of at least 3m from a boundary with a public reserve.
(14) Front setbacks for battle-axe lots A dwelling house and any attached development on a battle-axe lot with an area of less than 4,000m 2 must have a setback from the rear boundary of the lot that is in front of the battle-axe lot of at least 5m.:
(15) Setbacks from watercourses Despite any other clause in this Subdivision, 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 1--:
"Articulation zone" ,
"attached development" ,
"battle-axe lot" ,
"building element" ,
"building line" ,
"detached development" ,
"dwelling house" ,
"primary road" ,
"setback" and
"standard lot" are defined in clause 1.5.
Note 2--:
"Classified road" has the same meaning as it has in the Standard Instrument.
