New South Wales Consolidated Regulations

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STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 5A.10

Setbacks of development from roads

5A.10 Setbacks of development from roads

(1) If the development has a boundary with a classified road, the building must have a setback from the boundary with the classified road of--
(a) at least 10m, or
(b) if a greater setback is applicable in those circumstances under another environmental planning instrument applying to the land on which the building is erected--at least the setback specified in that instrument.
(2) If the development has a boundary with a primary road that is not a classified road, the building must have a setback from that boundary of--
(a) the average distance of the setbacks of the nearest 2 buildings that--
(i) have a boundary with the same road, and
(ii) are located within 40m of the lot on which the building is erected, and
(iii) are used for the purpose of industry or a warehouse or distribution centre, or
(b) at least 10m,
whichever is the lesser.
(3) If the development is on a lot that has a boundary with a parallel road that is not a classified road, the building must have a setback from the boundary with the parallel road determined in accordance with subclause (2).
(4) If the development is located on a corner lot, the building must have a setback from the boundary of the secondary road of at least 3m if the secondary road is not a classified road.
(4A) If the development is on a lot that is subject to a proposed road widening under a local environmental plan, the building must have a setback from the boundary with the road, after acquisition for the road widening, of at least--
(a) if the road widening is for a local road--10m, or
(b) if the road widening is for a classified road widening, a future classified road widening or a local road future classified road--4.5m.
(5) Despite the other provisions of this clause, an addition or alteration to an existing building may have a setback from the boundary of any road that is not a classified road at the same distance as the setback of the existing building from that boundary.
(6) Despite the other provisions of this clause, the requirements of this clause do not apply to the existing parts of a building.



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