| Column 1 | Column 2 |
| Land to which variation applies | Variation |
| Bankstown |
| Every lot in the local government area of Bankstown that is in Zone R2 Low
Density Residential and has an area of not more than 450m 2 | The Housing Code
is varied in its application by inserting the following after clauses 3.9 (2)
and 3.19 (2)--(3) However, the total floor area of a dwelling house, detached
studio, basement and any secondary dwelling on a lot must not be more than 50%
of the area of the lot. |
| Bega Valley |
| All of the land in the local government area of Bega Valley | The Rural Housing
Code is varied in its application by inserting the following after clause 3A.2
(2)--(3) Despite subclause (2), if a lot referred to in subclause (1)(a) was
created for the purpose of the erection of a new single storey or 2 storey
dwelling house by a subdivision for which development consent has been
granted, the erection of the dwelling house is development specified for this
code. |
| Snowy Monaro |
| All of the land in the local government area of Snowy Monaro | The Rural Housing
Code is varied in its application by--(a) inserting "(other than in the local
government area of Snowy Monaro)" after "dwelling house" in clause 3A.2(1),(b)
inserting after clause 3A.2(2) the following subclause--(2A) The erection of a
new single storey or two storey dwelling house within the local government
area of Snowy Monaro is development specified for this code if the development
is erected on a lot that--(a) has an area of at least 80 hectares, or(b) is
subject to a restriction created under section 88B of the
Conveyancing Act 1919 that specifies a building envelope for the lot and was
required by the council.This variation to the Rural Housing Code ceases to
have effect on 1 January 2021. |
| The Inland Code is varied in its application by the following--(a) inserting
"(other than in the local government area of Snowy Monaro)" after "dwelling
house" in clause 3D.3(1)(a),(b) inserting after clause 3D.3(1) the following
subclause--(1A) The erection of a new single storey or two storey dwelling
house within the local government area of Snowy Monaro is development
specified for this code if the development is erected on a lot that--(a) has
an area of at least 80 hectares, or(b) is subject to a restriction created
under section 88B of the Conveyancing Act 1919 that specifies a building
envelope for the lot and was required by the council. |
| Cumberland/Parramatta (formerly Holroyd City) |
| All of the land in the local government areas of Cumberland and City of
Parramatta that was formerly within Holroyd City | The Housing Code is varied in
its application by omitting clauses 3.16(1)(a) and (4) and 3.23(3). |
| Fairfield City |
| All of the land in the local government area of Fairfield City | The Housing
Code is varied in its application by omitting clauses 3.16(1)(a) and (4) and
3.23(3). |
| Lake Macquarie |
| The land in the local government area of Lake Macquarie that is identified as
"former Cockle Creek Smelter and Incitec site" on the Cockle Creek Smelter
Land Map within the meaning of State Environmental Planning Policy No
55--Remediation of Land | The Housing Code is varied in its application by
inserting the following after clause 3.1(1)--(1A) Despite subclause (1),
development described in subclause (1)(a) (being the erection of a new 1 or 2
storey dwelling house and any attached development) on land identified as
"former Cockle Creek Smelter and Incitec site" on the Cockle Creek Smelter
Land Map within the meaning of State Environmental Planning Policy No
55--Remediation of Land is not complying development under this code.The Low
Rise Housing Diversity Code is varied in its application by inserting the
following at the end of clause 3B.2--(1A) Development on land identified as
"former Cockle Creek Smelter and Incitec site" on the Cockle Creek Smelter
Land Map within the meaning of State Environmental Planning Policy No
55--Remediation of Land is not complying development under this code.The
Greenfield Housing Code is varied in its application by inserting after clause
3C.1(1)--(1A) Despite subclause (1), this code does not apply to land
identified as "former Cockle Creek Smelter and Incitec site" on the Cockle
Creek Smelter Land Map within the meaning of State Environmental Planning
Policy No 55--Remediation of Land . |
| The Commercial and Industrial (New Buildings and Additions) Code is varied in
its application by inserting the following after clause 5A.2(1)--(1A) Despite
subclause (1), development described in subclause (1)(a) (being the
construction of a building for the purposes of industry (other than heavy
industry or an artisan food and drink industry) or a warehouse or distribution
centre) on land identified as "former Cockle Creek Smelter and Incitec site"
on the Cockle Creek Smelter Land Map within the meaning of State Environmental
Planning Policy No 55--Remediation of Land is not development specified for
this code.The Subdivisions Code is varied in its application by inserting the
following after clause 6.3(1)--(1A) Despite subclause (1), this clause does
not apply to land identified as "former Cockle Creek Smelter and Incitec site"
on the Cockle Creek Smelter Land Map within the meaning of State Environmental
Planning Policy No 55--Remediation of Land . |
| Liverpool City |
| Part of Lot 121, DP 876962 and part of Lot 101, DP 1043160, 5 Viscount Place,
Warwick Farm, as shown coloured light purple on the Liverpool Local
Environmental Plan 2008 Key Sites Map | The Commercial and Industrial
Alterations Code is varied in its application by omitting Subdivision 2 of
Division 1. |
| Queanbeyan-Palerang |
| All of the land in the local government area of Queanbeyan-Palerang that is
inside the heavy black line shown on the map within the meaning of the
Palerang Local Environmental Plan 2014 | The Rural Housing Code is varied in its
application by--(a) inserting "(other than on land in the local government
area of Queanbeyan-Palerang that is inside the heavy black line shown on the
map within the meaning of the Palerang Local Environmental Plan 2014 )" after
"dwelling house" in clause 3A.2(1),(b) inserting after clause 3A.2(2) the
following subclause--(2A) The erection of a new single storey or two storey
dwelling house on land in the local government area of Queanbeyan-Palerang
that is inside the heavy black line shown on the map within the meaning of the
Palerang Local Environmental Plan 2014 is development specified for this code
if the development is erected on a lot that--(a) has an area of at least 80
hectares, or(b) is subject to a restriction created under section 88B of the
Conveyancing Act 1919 that specifies a building envelope for the lot and was
required by the council.This variation to the Rural Housing Code ceases to
have effect on 1 January 2021. |
| The Inland Code is varied in its application by the following--(a) inserting
"(other than in the local government area of Queanbeyan-Palerang that is
inside the heavy black line shown on the map within the meaning of the
Palerang Local Environmental Plan 2014 )" after "dwelling house" in clause
3D.3(1)(a),(b) inserting after clause 3D.3(1) the following subclause--(1A)
The erection of a new single storey or two storey dwelling house within the
local government area of Queanbeyan-Palerang is development specified for this
code if the development is erected on a lot that--(a) has an area of at least
80 hectares, or(b) is subject to a restriction created under section 88B of
the Conveyancing Act 1919 that specifies a building envelope for the lot and
was required by the council. |
| Penrith |
| Lot 1021, DP 812335, 63 Mulgoa Road; Lot 1, DP 1043008, 73 Mulgoa Road; Lots
151 and 152, DP 863625, 83 and 109 Mulgoa Road; Lot 12 and part of Lot 13, DP
710086, 123-135 Mulgoa Road; Lot 1, DP 1064526, 1 Retreat Road | The Commercial
and Industrial Alterations Code is varied in its application by omitting
Subdivision 2 of Division 1 |
| Port Macquarie-Hastings |
| All of the land in the local government area of Port Macquarie-Hastings | The
Housing Code is varied in its application as follows--(a) by omitting clause
3.10(1),(b) by omitting the table to clause 3.10(3) and inserting instead--
| Lot size | Minimum setback from primary road |
| less than or equal to 300m 2 | 3m |
| >300m 2 | 4.5m |
(c) by omitting the table to clause 3.10(4) and inserting instead--
| Lot width at the building line | Building height at any point | Minimum required
setback from each side boundary |
| 6m-10m | 0m-5.5m | 900mm |
| 6m-10m | >5.5m-8.5m | (building height-5.5m) ÷ 4 + 0.9m |
| >10m | 0m-4.5m | 900mm |
| >10m | >4.5m-8.5m | (building height-4.5m) ÷ 4 + 0.9m |
|
| Riverstone Scheduled Lands |
| All lots within the Riverstone Scheduled Lands (within the meaning of State
Environmental Planning Policy (Sydney Region Growth Centres) 2006 ) other than
a lot that has direct frontage to Loftus Street, Bandon Road or Windsor Road
| The Housing Code is varied in its application by inserting the following after
clause 3.1(1)--(1A) However, development referred to in subclause (1)(a) is
only complying development under this code if it is carried out on a lot
created in accordance with the provisions of Appendix 4 (Alex Avenue and
Riverstone Precinct Plan 2010) to State Environmental Planning Policy (Sydney
Region Growth Centres) 2006 . |
| Singleton |
| All of the land in the local government area of Singleton that is within the
heavy black line shown on the State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008 Singleton Complying Development Land Map | The
Rural Housing Code is varied in its application by the following--(a)
inserting the following after clause 3.A2(2)--(3) Despite subclauses (1) and
(2), this clause does not apply to any lot (or part of a lot) within the heavy
black line shown on the State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008 Singleton Complying Development Land Map
.(b) inserting the following after clause 3.A3(2)--(3) Despite subclauses (1)
and (2), this clause does not apply to any lot (or part of a lot) within the
heavy black line shown on the State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008 Singleton Complying Development Land Map
.This variation to the Rural Housing Code ceases to have effect on 1 January
2021. |
| The Inland Code is varied in its application by the following--(a) inserting
the following after clause 3D.9(2)--(3) Despite subclause (1), this Division
does not apply to the erection or alteration of, or an addition to, a 1 or 2
storey dwelling house on any lot (or part of a lot) within the heavy black
line shown on the State Environmental Planning Policy (Exempt and Complying
Development Codes) 2008 Singleton Complying Development Land Map .(b)
inserting the following after clause 3D.28(2)--(3) Despite subclause (1), this
Division does not apply to the erection or alteration of, or an addition to, a
dwelling house on any lot (or part of a lot) within the heavy black line shown
on the State Environmental Planning Policy (Exempt and Complying Development
Codes) 2008 Singleton Complying Development Land Map . |
| Tamworth Regional |
| All of the land in the local government area of Tamworth Regional | The Housing
Code is varied in its application by omitting the table to clause 3.10(4) and
inserting instead--
| Lot width at the building line | Building height at any point | Minimum required
setback from each side boundary |
| 6m-10m | 0m-5.5m | 900mm |
| 6m-10m | >5.5m-8.5m | (building height-5.5m) ÷ 4 + 0.9m |
| >10m | 0m-4.5m | 900mm |
| >10m | >4.5m-8.5m | (building height-4.5m) ÷ 4 + 0.9m |
This variation to the Rural Housing Code ceases to have effect on 1 January
2021. |
| The Inland Code is varied in its application by omitting the table to clause
3D.21(7) and clause 3D.21(8) and inserting instead--
| Lot width at the building line | Building height at any point | Minimum required
setback from each side boundary |
| 6m-10m | 0m-5.5m | 900mm |
| 6m-10m | >5.5m-8.5m | (building height-5.5m) ÷ 4 + 0.9m |
| >10m | 0m-4.5m | 900mm |
| >10m | >4.5m-8.5m | (building height-5.5m) ÷ 4 + 0.9m |
|
| Wingecarribee |
| All of the land in the local government area of Wingecarribee | The Housing Code
is varied in its application as follows--(a) by inserting "-4,000m 2 " after
">1,500m 2 " in the first column of the table to clause 3.10(3),(b) by
inserting in appropriate order in the table to clause 3.10(3)-- (c) by inserting after clause 3.10(4)--(4A) Despite the table to subclause
(4), if the lot has an area of at least 4,000m 2 the minimum required setback
from each side boundary is 7.5m.(d) by inserting "-4,000m 2 " after ">300m 2 "
in the first column of the table to clause 3.13(1),(e) by inserting in
appropriate order in the table to clause 3.13(1)--
| >4,000m 2 | 75% of lot area |
|
New South Wales Consolidated Regulations