New South Wales Consolidated Regulations

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STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 9.13

Additional development standards for erection of buildings or alteration of, or additions to, buildings or manufactured homes

9.13 Additional development standards for erection of buildings or alteration of, or additions to, buildings or manufactured homes

The following standards are specified for development referred to in clause 9.8(c)--

(a) the landholding on which the building or manufactured home is located must have an area of at least 15ha,
(b) the building or manufactured home must be located--
(i) on the same lot as a lawfully erected dwelling house, or
(ii) on a lot that is at least the minimum size permitted under the environmental planning instrument applying to the land,
(c) for development on land within 2km of an aerodrome or airport--
(i) the development must not be carried out on land for which a PANS-OPS surface is identified that may compromise the effective and ongoing operation of the aerodrome or airport, as shown on a Procedures for Air Navigation Services--Aircraft Operations Map prepared by the operator of the aerodrome or airport, and
(ii) the building or manufactured home must not penetrate an obstacle limitation surface shown on an Obstacle Limitation Surface Plan prepared by the operator of the aerodrome or airport and reported to the Civil Aviation Safety Authority,
(d) a new building must have a height of no more than 4.5m above ground level (existing),
(e) an existing building or manufactured home with a height of less than 4.5m above ground level (existing) must have a height of no more than 4.5m above ground level (existing) after being altered or added to,
(f) an existing building or manufactured home with a height of at least 4.5m above ground level (existing) before being altered or added to must not increase in height,
(g) for a building or manufactured home on a lot for which the natural ground is, at a point within 100m of the ridgeline of a hill, at least 20m lower than the ridgeline--the highest point of the building or manufactured home, if located within 100m of the ridgeline, must be at least 5m below the ridgeline,
(h) a new building must have a gross floor area of no more than 60m 2,
(i) the part of an existing building or manufactured home used for the purposes of farm stay accommodation must have a gross floor area of no more than 60m 2,
(j) for alterations or additions to an existing building or manufactured home that involve internal alterations only--the building or manufactured home must not be located within--
(i) 250m of residential accommodation on neighbouring land, or
(ii) 250m of a property boundary for land used for the purposes of one of the following--
(A) forestry,
(B) intensive livestock agriculture,
(C) intensive plant agriculture,
(D) mines,
(E) extractive industries,
(F) rail lines,
(G) rural industries,
(k) for the erection of a new building, or alterations or additions to an existing building or manufactured home that involve external alterations--the building or manufactured home must not be located within--
(i) 6m of another building or moveable dwelling on the landholding, or
(ii) 50m of a property boundary or waterway, or
(iii) 250m of residential accommodation on neighbouring land,
(iv) 250m of a property boundary for land used for the purposes of one of the following--
(A) forestry,
(B) intensive livestock agriculture,
(C) intensive plant agriculture,
(D) mines,
(E) extractive industries,
(F) rail lines,
(G) rural industries,
(l) the gross floor area of a building, or a part of a building, used to provide communal amenities or facilities to guests must be no more than 25m 2,
(m) associated earthworks, retaining walls or structural supports must comply with clause 3D.61.



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