New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clause 1.12(2))
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| Land to which variation applies | Variation | ||||||||||||||||||||||||||||||
| Albury | |||||||||||||||||||||||||||||||
| Land in Zone SP4 under Albury Local Environmental Plan 2010 | The Industrial and
Business Buildings Code is varied in its application by omitting "or IN3" and
inserting instead ", IN3 or SP4" in clause 5A.1, definition of
"industrial zone" . | ||||||||||||||||||||||||||||||
| 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. | ||||||||||||||||||||||||||||||
| Bathurst Regional | |||||||||||||||||||||||||||||||
| Land in Zone RU2 under Bathurst Regional Local Environmental Plan 2014 | The Agritourism and Farm Stay Accommodation Code is varied in its application by omitting Divisions 3 and 4 | ||||||||||||||||||||||||||||||
| 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. | ||||||||||||||||||||||||||||||
| Land in Zone C3 or C4 under Bega Valley Local Environmental Plan 2013 | The
Rural Housing Code is varied in its application by inserting the following
after clause 3A.5(3)--(4) The erection of a new swimming pool or spa pool and
child-resistant barrier, or an outbuilding, or alterations or additions to an
existing swimming pool or spa pool and child-resistant barrier, or an
outbuilding, is development specified for this code if the development--(a) is
erected on a lot in Zone C3 or C4, and(b) is ancillary to an existing dwelling
house, and(c) is erected in the asset protection zone for the dwelling house,
and(d) also complies with the development standards specified in this code for
development on land in Zone R5.(5) In this clause-- "asset protection zone" means an asset protection zone in accordance with Planning for Bush Fire Protection . | ||||||||||||||||||||||||||||||
| City of Blue Mountains | |||||||||||||||||||||||||||||||
| Every lot in the local government area of City of Blue Mountains that is in Zone R1 General Residential, Zone R2 Low Density Residential or Zone R3 Medium Density Residential | The Low Rise Housing Diversity Code is varied in its
application by omitting clause 3B.10 and inserting the following
instead--3B.10 Floor space ratio (1) The maximum floor space ratio for a
building on a lot is the maximum floor space ratio for the building under Blue
Mountains Local Environmental Plan 2015 .(2) To avoid doubt, the definition of
"gross floor area" in Blue Mountains Local Environmental Plan 2015 applies for the purpose of calculating a maximum floor space ratio under this clause. | ||||||||||||||||||||||||||||||
| The Low Rise Housing Diversity Code is varied in its application by inserting
the following subclauses in clause 3B.15, in appropriate order--(2B) At least
40% of the parent lot area must consist of pervious area.(6) In this clause-- "hard surface" does not include the following--(a) rainwater tanks,(b) unroofed areas of spaced decking,(c) swimming pools. "pervious area" means part of a lot on which water infiltrates into the subsoil, excluding--(a) an area of land used as a driveway, or(b) another hard surface. | |||||||||||||||||||||||||||||||
| The Low Rise Housing Diversity Code is varied in its application by inserting
the following after clause 3B.23--3B.23A Floor space ratio (1) Despite clause
3B.23, the maximum floor space ratio for a building on a lot is the maximum
floor space ratio for the building under Blue Mountains Local Environmental
Plan 2015 .(2) To avoid doubt, the definition of
"gross floor area" in Blue Mountains Local Environmental Plan 2015 applies for the purpose of calculating a maximum floor space ratio under this clause. | |||||||||||||||||||||||||||||||
| The Low Rise Housing Diversity Code is varied in its application by inserting
the following subclauses in clause 3B.27, in appropriate order--(2B) At least
40% of the parent lot area must consist of pervious area.(6) In this clause-- "hard surface" does not include the following--(a) rainwater tanks,(b) unroofed areas of spaced decking,(c) swimming pools. "pervious area" means part of a lot on which water infiltrates into the subsoil, excluding--(a) an area of land used as a driveway, or(b) another hard surface. | |||||||||||||||||||||||||||||||
| The Low Rise Housing Diversity Code is varied in its application by omitting clause 3B.35 and inserting instead--3B.35 Floor space ratio The maximum floor space ratio for a building on a parent lot is the maximum floor space ratio for the building under the Blue Mountains Local Environmental Plan 2015 . | |||||||||||||||||||||||||||||||
| The Low Rise Housing Diversity Code is varied in its application by inserting the following after clause 3B.40(2A)--(2B) At least 40% of the parent lot area must consist of pervious area. | |||||||||||||||||||||||||||||||
| The Low Rise Housing Diversity Code is varied in its application by inserting
the following in clause 3B.40(6), in alphabetical order--
"hard surface" does not include the following--(a) rainwater tanks,(b) unroofed areas of spaced decking,(c) swimming pools. "pervious area" means part of a lot on which water infiltrates into the subsoil, excluding--(a) an area of land used as a driveway, or(b) another hard surface. | |||||||||||||||||||||||||||||||
| 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 (Resilience and Hazards) 2021 , Chapter 4 | 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 (Resilience and Hazards) 2021 , Chapter 4 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 (Resilience and Hazards) 2021 , Chapter 4 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 (Resilience and Hazards) 2021 , Chapter 4. | ||||||||||||||||||||||||||||||
| 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 (Resilience and Hazards) 2021 , Chapter 4. | |||||||||||||||||||||||||||||||
| 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--
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| Riverstone Scheduled Lands | |||||||||||||||||||||||||||||||
| All lots within the Riverstone Scheduled Lands, within the meaning of State Environmental Planning Policy (Precincts--Central River City) 2021 , Appendix 7 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 State Environmental Planning Policy (Precincts--Central River City) 2021 , Appendix 7. | ||||||||||||||||||||||||||||||
| 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 . | |||||||||||||||||||||||||||||||
| Sutherland Shire | |||||||||||||||||||||||||||||||
| Every lot in the local government area of Sutherland Shire that is in Zone R2 Low Density Residential | The Low Rise Housing Diversity Code is varied in its
application by omitting clause 3B.10 and inserting the following
instead--3B.10 Floor space ratio (1) The maximum floor space ratio for a
building on a lot is the maximum floor space ratio for the building under
Sutherland Shire Local Environmental Plan 2015 .(2) To avoid doubt, the
definition of
"gross floor area" in Sutherland Shire Local Environmental Plan 2015 applies for the purpose of calculating a maximum floor space ratio under this clause.This variation to the Low Rise Housing Diversity Code ceases to have effect at the end of 2 October 2024. | ||||||||||||||||||||||||||||||
| The Low Rise Housing Diversity Code is varied in its application by inserting
the following after clause 3B.23--3B.23A Floor space ratio (1) Despite clause
3B.23, the maximum floor space ratio for a building on a lot is the maximum
floor space ratio for the building under Sutherland Shire Local Environmental
Plan 2015 .(2) To avoid doubt, the definition of
"gross floor area" in Sutherland Shire Local Environmental Plan 2015 applies for the purpose of calculating a maximum floor space ratio under this clause.(3) This clause does not apply to the following development--(a) the erection or alteration of, or an addition to, a manor house,(b) the erection or alteration of, or addition to, attached development that is related to a manor house.This variation to the Low Rise Housing Diversity Code ceases to have effect at the end of 2 October 2023. | |||||||||||||||||||||||||||||||
| 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--
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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--
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| 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)--
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This Part applies to land identified as Stage 1 South East Wilton on the Wilton Greenfield Housing Code Variation Area Map .
In this Part--
"Wilton Greenfield Housing Code Variation Area Map" means the State
Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Wilton Greenfield Housing Code Variation Area Map .
(1) The Greenfield Housing Code is varied in its application to the land to which this Part applies as set out in this clause.
(2) Clause 3C.2 Development that is complying development under this code Omit clause 3C.2(3)(a). Insert instead--(a) the lot must be identified as Stage 1 South East Wilton on the Wilton Greenfield Housing Code Variation Area Map ,
This Part applies to land identified as Low Density Residential on the Wilton Greenfield Housing Code Variation Area Map , other than land identified by blue cross-hatching.
In this Part--
"Wilton Greenfield Housing Code Variation Area Map" means the State
Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Wilton Greenfield Housing Code Variation Area Map .
(1) The Greenfield Housing Code is varied in its application to the land to which this Part applies as set out in this clause.
(2) Clause 3C.2 Development that is complying development under this code Omit clause 3C.2(3)(a). Insert instead--(a) the lot must be--(i) identified as Low Density Residential on the Wilton Greenfield Housing Code Variation Area Map , other than land identified by blue cross-hatching, and(ii) created by a plan of subdivision lodged or registered after the Neighbourhood Plan process under the development control plan applying to the land has been completed.
(3) Clause 3C.2(3)(c) Omit "6m". Insert instead "8m".
(4) Clause 3C.2(3)(h) Omit "6m". Insert instead "8m".
(5) Clause 3C.3 Development that is not complying development under this code Omit "6-10m" from the table to clause 3C.3(e). Insert instead "8-10m".
(6) Clause 3C.11 Minimum setbacks and maximum height and length of boundary walls Omit the table to clause 3C.11(1). Insert instead--
Lot size Minimum setback of building line from primary road Minimum setback of articulation zone from primary road >200m 2 4.5m 3m
(7) Clause 3C.11(2) Insert "that is detached" after "dwelling house".
(8) Clause 3C.11(2), table Omit the table. Insert instead--
Lot width at the building line Side A Side B 8m or more but less than 9m 900mm 900mm 9m or more but less than 12.5m 900mm 900mm 12.5m or more but less than 15m 900mm 900mm 15m or more 900mm 1.5m
(9) Clause 3C.11(3) Insert "that is detached" after "dwelling house".
(10) Clause 3C.11(3), table Omit the table. Insert instead--
Lot width at the building line Side A Side B 8m or more but less than 9m 900mm 900mm 9m or more but less than 12.5m 900mm 900mm 12.5m or more but less than 15m 900mm 900mm 15m or more 900mm 2.5m
(11) Clause 3C.11(3A) and (3B) Insert after clause 3C.11(3)--(3A) Side setbacks--dwelling constructed on boundary The ground level of a dwelling house and any attached development, other than a garage to which subclause (4) applies, constructed on a boundary, must have--(a) the setback from one side boundary as shown under "Side A" in the following table, and(b) a minimum setback from the other side boundary as shown under "Side B" in the following table.
Lot width at the building line Side A Side B 8m or more but less than 9m 0m 1.2m 9m or more but less than 12.5m 0m 900mm 12.5m or more but less than 15m 0m 900mm Note--: Clause 3C.3 provides the erection of a building over a registered easement is not complying development under this code.(3B) Side setbacks upper level--dwelling constructed on boundary The upper level of a dwelling house and any attached development, other than a garage, constructed on a boundary must have--(a) a minimum setback from the "Side A" boundary referred to in subclause (3A)(a), as shown under "Side A" in the following table, and(b) a minimum setback from the "Side B" boundary referred to in subclause (3A)(b), as shown under "Side B" in the following table in relation to that lot.
Lot width at the building line Side A Side B 8m or more but less than 9m 1.2m 1.2m 9m or more but less than 12.5m 1.5m 900mm 12.5m or more but less than 15m 1.5m 900mm
(12) Clause 3C.11(4) Omit the table. Insert instead--
Lot width at the building line Minimum side setback 8m or more but less than 9m 0m from the "Side A" and "Side B" boundaries referred to in subclause (2)(a) and (b) for a maximum length of 6.5m 9m or more but less than 12.5m 0m from the "Side A" boundary for a maximum length of 6.5m, and 900mm from the "Side B" boundary 12.5m or more but less than 15m 900mm from the "Side A" boundary for a maximum length of 6.5m 15m or more 900mm from the "Side A" boundary for a maximum length of 6.5m
(13) Clause 3C.11(6), table Omit the table. Insert instead--
Lot width at the building line Maximum length of built to boundary wall 8m or more but less than 9m 15m or 50% of the depth of the lot, whichever is the lesser 9m or more but less than 12.5m 11m or 50% of the depth of the lot, whichever is the lesser 12.5m or more but less than 15m 11m or 50% of the depth of the lot, whichever is the lesser 15m or more No maximum length
(14) Clause 3C.11(7) Omit "3m". Insert instead "4.5m".
(15) Clause 3C.11(8) Omit the table to clause 3C.11(8). Insert instead--
Lot width at the building line Minimum setback from secondary road boundary 8m or more but less than 9m 1m 9m or more 2m
(16) Clause 3C.11(12) Omit "3m". Insert instead "4.5m".
(17) Clause 3C.13 Other development standards for attached garages Omit "7m" from clause 3C.13(1). Insert instead "8m".
(18) Clause 3C.13(2) Omit the subclause.
(19) Clause 3C.13(6), table Omit the table. Insert instead--
Lot width at the building line Minimum setback from rear boundary 8m or more but less than 9m 0m 9m or more but less than 12.5m 0m 12.5m or more but less than 15m 0m for a maximum of 6.5m of the length of the rear boundary 15m or more 0m for a maximum of 9m of the length of the rear boundary
(20) Clause 3C.14B Insert after clause 3C.14A--3C.14B Roof material solar absorptance rating(1) This clause applies to a lot that is--(a) identified as Low Density Residential on the Wilton Greenfield Housing Code Variation Area Map , other than land identified by blue cross-hatching, and(b) created by a plan of subdivision lodged or registered after the Neighbourhood Plan process under the development control plan applying to the land has been completed.(2) The roofing material for a dwelling house and attached development must be of a colour that has a solar absorptance of 0.7 or less.(3) In this clause--
"solar absorptance" , of roofing material, means the total incident solar radiation that is absorbed by the roofing material.
(21) Clause 3C.15 Minimum landscaped area Omit clause 3C.15(1), table. Insert instead--
Lot area Minimum landscaped area 200m 2 -270m 2 15% of lot area >270m 2 -375m 2 20% of lot area >375m 2 -450m 2 25% of lot area >450m 2 -650m 2 30% of lot area >650m 2 -750m 2 35% of lot area >750m 2 40% of lot area
(22) Clause 3C.16 Building design Omit "3m" from 3C.16(3). Insert instead "4.5m".
(23) Clause 3C.19 Car parking and vehicle access requirements Omit clause 3C.19(1)(a).
(24) Clause 3C.19(6), table Omit "7m". Insert instead "8m".
(25) Clause 3C.19(7) Omit the subclause. Insert instead--(7) The maximum width of all driveways measured at the boundary to which the front of the dwelling house faces is 3m.
(26) Clause 3C.19A Insert after clause 3C.19--3C.19A Dwelling houses near rail and major roads corridors(1) This clause applies to development for the purposes of a dwelling house on land within 60m of a rail or major road corridor identified on the Wilton Rail and Major Roads Corridor Map .(2) A certifier must not issue a complying development certificate for development to which this clause applies unless the certifier is satisfied appropriate measures will be taken to ensure the noise generated by rail or major roads corridors does not result in LAeq levels greater than--(a) in a bedroom of the dwelling house--LAeq 35 dB(A) between 10pm and 7am, and(b) anywhere else in the dwelling house, other than a garage, kitchen, bathroom or hallway--LAeq 40 dB(A) at all times.(3) In this clause--
"Wilton Rail and Major Roads Corridor Map" means the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008--Wilton Rail and Major Roads Corridor Map .
(27) Clause 3C.24 Minimum setbacks and maximum height and length of built to boundary walls Omit "6m-18m" from the table to clause 3C.24(2). Insert instead "8m-18m".
(28) Clauses 3C.24(3)(b) Omit "at least 6m, but not more than".
(29) Clause 3C.24(6), table Omit the table. Insert instead--
Lot width at the building line Maximum length of built to boundary wall 8m or more but less than 9m 20m or 50% of the depth of the lot, whichever is the lesser 9m or more but less than 12.5m 15m or 50% of the depth of the lot, whichever is the lesser 12.5m or more but less than 15m 11m or 50% of the depth of the lot, whichever is the lesser 15m or more No maximum length
(30) Clause 3C.28 Other development standards for detached studios Omit "6m-18m" from the table to clause 3C.28(4). Insert instead "8m-18m".
(31) Clause 3C.28(6)(b) Omit "at least 6m, but not more than".
(32) Clause 3C.29A Insert after clause 3C.29--3C.29A Roof material solar absorptance rating(1) This clause applies to a lot that is--(a) identified as Low Density Residential on the Wilton Greenfield Housing Code Variation Area Map , other than land identified by blue cross-hatching, and(b) created by a plan of subdivision lodged or registered after the Neighbourhood Plan process under the development control plan applying to the land has been completed.(2) The roofing material for detached development must be of a colour that has a solar absorptance of 0.7 or less.(3) In this clause--
"solar absorptance" , of roofing material, means the total incident solar radiation that is absorbed by the roofing material.
(33) Clause 3C.30 Minimum landscaped area Omit clause 3C.30(1), table. Insert instead--
Lot area Minimum landscaped area 200m 2 -270m 2 15% of lot area >270m 2 -375m 2 20% of lot area >375m 2 -450m 2 25% of lot area >450m 2 -650m 2 30% of lot area >650m 2 -750m 2 35% of lot area >750m 2 40% of lot area