New South Wales Consolidated Regulations

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STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 3D.49

Exceptions to setbacks

3D.49 Exceptions to setbacks

(1) Development to which side and rear setbacks do not apply The side and rear setback standards specified in this Subdivision do not apply to the following--
(a) downpipes,
(b) driveways,
(c) electricity or gas meters,
(d) fascias,
(e) fences,
(f) gutters,
(g) light fittings,
(h) pathways and paving.
(2) Development to which side and rear setbacks do not apply if 450mm from boundary The side and rear setback standards specified in this Subdivision do not apply to the following if they are located at least 450mm from the relevant boundary--
(a) aerials,
(b) antennae,
(c) awnings,
(d) chimneys,
(e) cooling or heating appliances,
(f) eaves,
(g) flues,
(h) pipes,
(i) rainwater tanks greater than 1.8m in height,
(j) structures associated with the provision of a utility service.
(3) Development to which road setbacks do not apply The road setbacks specified in this Subdivision do not apply to the following--
(a) driveways,
(b) fences,
(c) pathways and paving,
(d) retaining walls.
(4) Rear boundaries with parallel roads or rear lanes Despite any rear setback specified in this Subdivision, if a lot has a rear boundary with a parallel road or lane, the following detached development may be erected within 3m of, or abut, the rear boundary for not more than 50% of the length of that boundary--
(a) a cabana, cubby house, fernery, garden shed, gazebo or greenhouse,
(b) a carport or garage,
(c) a rainwater tank (above ground),
(d) a shade structure or shed.
(5) Setbacks do not apply to existing parts of detached development The setback standards specified in this Subdivision do not apply to any existing parts of detached development that will remain on the lot after the complying development is carried out.
Note 1--:
"Boundary wall" ,
"lane" ,
"parallel road" and
"setback" are defined in clause 1.5.
Note 2--:
"Rainwater tank" has the same meaning as it has in the Standard Instrument.



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