New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 5A.22

5A.22 Setbacks

(1) If the existing commercial premises as altered or added to has a boundary with a parallel road that is a classified road, the addition to the commercial premises must have a setback from the boundary with the parallel road of--

(a) at least 3m, or

(b) if a greater setback is applicable in those circumstances under another environmental planning instrument applying to the land on which the commercial premises are erected--at least the setback specified in that instrument.

(2) If the existing commercial premises to be altered or added to is on a lot that is subject to a proposed road widening under a local environmental plan, the premises 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--3m.

(3) If there is a building on an adjoining lot that is being used for residential accommodation and that building is located less than 3m from the boundary with the existing commercial premises being altered or added to, the following setbacks are required from the side and rear boundaries of the lot on which the commercial premises are located--

(a) a distance of at least 1.5m for any part of the alteration or addition to the commercial premises that does not exceed 3m in height above ground level (existing),

(b) a distance of at least 3m for any part of the alteration or addition to the commercial premises that exceeds 3m but does not exceed 6m in height above ground level (existing),

(c) a distance of at least 4.5m for any part of the alteration or addition to the commercial premises that exceeds 6m in height above ground level (existing).

(4) Subclause (3)(a) does not apply if the building on the adjoining lot is being used for a mixed use development that does not include any residential accommodation on the ground floor facing the boundary with the lot on which the existing commercial premises are located.

(5) If the site of the existing commercial premises has a boundary with a railway corridor, the commercial premises as altered or added to must be located at least 2m from that boundary.

(6) Subject to the other provisions of this clause, the existing commercial premises as altered or added to may extend to the side and rear boundaries.

(7) Despite the other provisions of this clause, the requirements of this clause do not apply to the existing parts of a building that are not being altered or added to.