New South Wales Consolidated Regulations

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STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 3D.4

Development that is not complying development under this code

3D.4 Development that is not complying development under this code

The following development is not complying development under this code--

(a) the erection or alteration of, or an addition to, a secondary dwelling or a group home,
(b) development that is complying development under the Housing Alterations Code,
(c) the erection of a building within 1m of a public water or sewer mains,
(d) the erection of a building over a registered easement,
(e) the erection of a new dwelling house on land in Zone RU3,
(f) the erection or alteration of, or an addition to, a roof terrace on the topmost roof of an existing or a new dwelling house, or existing or new detached development,
(g) the construction of a basement on land in Zone R1, R2, R3, R4 or RU5 that will have an area that exceeds the limits shown in the following table--

Lot width measured at the building line Maximum area of basement
6-10m 25m 2
>10m 45m 2
(h) the erection of a common wall,
(i) the alteration of, or an addition to, a garage or carport that is located forward of the building line,
(j) development that penetrates any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 2 kilometres of the proposed development and reported to the Civil Aviation Safety Authority,
(k) development that is on land shown on any relevant Procedures for Air Navigation Services--Aircraft Operations Map prepared by the operator of an aerodrome or airport operating within 2 kilometres of the proposed development and for which a PANS-OPS surface is identified that may compromise the effective and on-going operation of the relevant aerodrome or airport.
Note 1 :
"Attached" ,
"building line" ,
"common wall" ,
"detached" and
"Housing Alterations Code" are defined in clause 1.5.
Note 2 :
"Basement" ,
"building" ,
"group home" and
"secondary dwelling" have the same meanings as they have in the Standard Instrument.



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