New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clause 3B.62)
Note 1--: Complying development under the Low Rise Housing Diversity Code must comply with the requirements of the Act, the Environmental Planning and Assessment Regulation 2000 and the conditions listed in this Schedule.
Note 2--: Division 2A of Part 7 of the Environmental Planning and Assessment Regulation 2000 specifies conditions to which certain complying development certificates are subject.
Note 3--: In addition to the requirements specified for development under this Policy, adjoining owners' property rights, applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply.
Note 4--: If the development is in the proximity of infrastructure (including water, stormwater or sewer mains, electricity power lines and telecommunications facilities), the relevant infrastructure authority should be contacted before commencing the development. Information in relation to underground assets can be obtained at www.1100.com.au or by phoning 1100.
Note 5--: Under section 86A of the Act, a complying development certificate lapses 5 years after the date endorsed on the certificate, unless the development has physically commenced on the land during that period.
Note 6--: Street numbering and letter box facilities should be provided in accordance with Australia Post guidelines and to the satisfaction of the council.
Sufficient evidence must be provided to the principal certifying authority before works begin to reasonably satisfy the principal certifying authority that any contribution required to be paid under section 7.11 or 7.12 of the Act in respect of the development has been paid.
A temporary hoarding or temporary construction site fence must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of the works if the works--
(a) could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic, or
(b) could cause damage to adjoining lands by falling objects, or
(c) involve the enclosure of a public place or part of a public place.
(1) Toilet facilities must be available or provided at the work site before works begin and must be maintained until the works are completed at a ratio of 1 toilet plus 1 additional toilet for every 20 persons employed at the site.
(2) Each toilet must--(a) be a standard flushing toilet connected to a public sewer, or(b) have an on-site effluent disposal system approved under the Local Government Act 1993 , or(c) be a temporary chemical closet approved under the Local Government Act 1993 .
(1) A garbage receptacle must be provided at the work site before works begin and must be maintained until the works are completed.
(2) The garbage receptacle must have a tight fitting lid and be suitable for the reception of food scraps and papers.
(1) If a wall on a lot is to be built to a boundary and there is a wall (the
"adjoining wall" ) on the lot adjoining that boundary that is less than 0.9m from that boundary, the person having the benefit of the complying development certificate must obtain a dilapidation report on the adjoining wall before works begin.
(2) If the person preparing the report is denied access to the adjoining lot for the purpose of inspecting the wall, the report may be prepared from an external inspection of the wall.
Run-off and erosion controls must be implemented before works begin to prevent soil erosion, water pollution or the discharge of loose sediment on the surrounding land by--
(a) diverting uncontaminated run-off around cleared or disturbed areas, and
(b) erecting a silt fence and providing any other necessary sediment control measures that will prevent debris escaping into drainage systems, waterways or adjoining properties, and
(c) preventing the tracking of sediment by vehicles onto roads, and
(d) stockpiling top soil, excavated materials, construction and landscaping supplies and debris within the lot.
(1) This clause applies to each protected tree and any other tree that is to be retained on a lot.
(2) The trunk of each of the following trees must be provided with a tree guard that is comprised of hardwood timber panels each having a minimum length of 2m, minimum width of 75mm and minimum thickness of 25mm and secured, but not permanently fixed or nailed, to the tree and spaced a maximum of 80mm apart--(a) each tree that is within 6m of any dual occupancy, manor house, multi dwelling housing (terraces) or ancillary development that is to be constructed,(b) each protected tree that is within 10m of any dual occupancy, manor house, multi dwelling housing (terraces) or ancillary development that is to be constructed.
(3) Each protected tree that is within 6m of a dual occupancy, manor house, multi dwelling housing (terraces), outbuilding or swimming pool must have a fence or barrier that is erected--(a) around its tree protection zone as defined by section 3.2 of AS 4970--2009, Protection of trees on development sites , and(b) in accordance with section 4 of that standard.
(4) The person having the benefit of the complying development certificate must ensure that--(a) the activities listed in section 4.2 of that standard do not occur within the tree protection zone of any tree on the lot or any tree on an adjoining lot, and(b) any temporary access to, or location of scaffolding within the tree protection zone of a protected tree or any other tree to be retained on the lot during the construction, is undertaken using the protection measures specified in sections 4.5.3 and 4.5.6 of that standard.
(5) The tree protection measures specified in this clause must--(a) be in place before work begins on the lot, and(b) be maintained in good condition during the construction period, and(c) remain in place for the duration of the construction works.
Note--: A separate permit or development consent may be required if the branches or roots of a protected tree on the lot or on an adjoining lot are required to be pruned or removed.
(1) If the development involves the erection of a new building or an addition to an existing building, the person having the benefit of the complying development certificate must ensure that the following are given plans of the building work and have approved those plans--(a) any organisation having water or sewerage infrastructure on the land on which the development is to occur,(b) any organisation that is required to provide water or sewerage services to the land as a result of the development.
(2) Evidence of the giving of approval required under subclause (1) is to be provided to the principal certifying authority for the building work involved in the development before that work begins.
Any water supply, sewerage or stormwater drainage work carried out under section 68 of the Local Government Act 1993 on the lot must be completed before building works begin.
(1) Before works begin, the position of the following are to be marked out on the ground on the lot by a registered surveyor--(a) all footings required for the proposed development,(b) the external walls of any building to be erected as part of the development but only if the building will contain a habitable room.
(2) The person having the benefit of the complying development certificate must ensure that before those external walls are constructed, the principal certifying authority is given a survey and a report by a registered surveyor that shows the position of the walls relative to the lot boundary.
Before works begin appropriate measures must be in place to ensure all works and activities are carried out during the development in a manner that ensures the safety of persons and of the environment, including, if the council recommends specific environmental site management controls in respect of the development, those recommended controls.
Note--: The Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Noise Control) Regulation 2017 contain provisions relating to noise.
Construction may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no construction is to be carried out at any time on a Sunday or a public holiday.
Noise caused by construction must not exceed an LAeq (15 min) of 5dB(A) above background noise when measured at any lot boundary of the property where the construction is being carried out.
Works must be carried out in accordance with the plans and specifications to which the complying development certificate relates.
(1) All materials and equipment must be stored wholly within the work site unless an approval to store them elsewhere is held.
(2) Waste materials (including excavation, demolition and construction waste materials) must be managed on the site and then disposed of at a waste management facility.
(3) Any run-off and erosion control measures required must be maintained within their operating capacity until the completion of the works to prevent debris escaping from the site into drainage systems, waterways, adjoining properties and roads.
(4) During construction--(a) all vehicles entering or leaving the site must have their loads covered, and(b) all vehicles, before leaving the site, must be cleaned of dirt, sand and other materials, to avoid tracking these materials onto public roads.
(5) At the completion of the works, the work site must be left clear of waste and debris.
(1) Any earthworks (including any structural support or other related structure for the purposes of the development)--(a) must not cause a danger to life or property or damage to any adjoining building or structure on the lot or to any building or structure on any adjoining lot, and(b) must not redirect the flow of any surface or ground water or cause sediment to be transported onto an adjoining property, and(c) that is fill brought to the site--must contain only virgin excavated natural material (VENM) as defined in Part 3 of Schedule 1 to the Protection of the Environment Operations Act 1997 , and(d) that is excavated soil to be removed from the site--must be disposed of in accordance with any requirements under the Protection of the Environment Operations (Waste) Regulation 2014 .
(2) Any excavation must be carried out in accordance with Excavation Work: Code of Practice (ISBN 978-0-642-78544-2) , published in July 2012 by Safe Work Australia.
(1) If the work is the erection of, or an alteration or addition to, any dual occupancy, manor house or multi dwelling housing (terraces), the roof stormwater drainage system must be installed and connected to the drainage system before the roof is installed.
(2) Any approval that is required for connection to the drainage system under the Local Government Act 1993 must be held before the connection is carried out.
If the work involves the construction of a swimming pool, a child-resistant barrier that complies with the requirements of the Building Code of Australia and AS 1926.1--2012, Swimming pool safety, Part 1: Safety barriers for swimming pools must be erected around that work during the construction.
(1) If during works on the land comprising the lot, the land is found to be contaminated (within the meaning of the Contaminated Land Management Act 1997 )--(a) all works must stop immediately, and(b) the Environment Protection Authority and the council must be notified of the contamination.
(2) Land is found to be contaminated for the purposes of this clause if the person having the benefit of the complying development certificate or the principal certifying authority knows or should reasonably suspect that the land is contaminated.Note--: Depending on the nature and level of the contamination, remediation of the land may be required before further work can continue.
If any object having interest due to its age or association with the past is uncovered during the course of the work--
(a) all work must stop immediately in that area, and
(b) the Office of Environment and Heritage must be advised of the discovery.
Note--: Depending on the significance of the object uncovered, an archaeological assessment and excavation permit under the Heritage Act 1977 may be required before further work can continue.
If an Aboriginal object (including evidence of habitation or remains) is discovered during the course of the work--
(a) all excavation or disturbance of the area must stop immediately, and
(b) the person making the discovery must advise the Chief Executive (within the meaning of the National Parks and Wildlife Act 1974 ) of the discovery in accordance with section 89A of that Act.
Note--: If an Aboriginal object is discovered, an Aboriginal heritage impact permit may be required under the National Parks and Wildlife Act 1974 .
If the work involves the construction of a vehicular access point, the access point must be completed before the occupation certificate for the work on the site is obtained.
If the work requires alteration to, or the relocation of, utility services on, or adjacent to, the lot on which the work is carried out, the work is not complete until all such works are carried out.
(1) If an on-site stormwater detention system is installed on the lot in relation to the development, the following must be registered before the occupation certificate for the work on the site is obtained--(a) a public positive covenant enforceable by the council requiring the owner of the land to maintain and repair the system,(b) a restriction as to user in favour of the council that is worded to the satisfaction of the council.
(2) A certificate issued by an engineer that certifies that the on-site stormwater detention system has been constructed in accordance with the approval of the council must be given to the principal certifying authority before the occupation certificate for the work on the site is obtained.
(1) Sufficient evidence must be provided to the principal certifying authority before the occupation certificate for the work on the site is obtained to reasonably satisfy the principal certifying authority that each new dwelling will be adequately serviced with water, sewerage, electricity, natural gas (where available) and telecommunications.
(2) The following must be provided to the principal certifying authority before the occupation certificate for the work on the site is obtained--(a) a survey certificate prepared by a registered surveyor that certifies the location of any new buildings, or additions to existing buildings, in relation to the boundaries of the lot,(b) if the development has resulted in the installation of a mechanical ventilation system--a certificate from a mechanical ventilation engineer that states that the system complies with the approved plans and specifications,(c) if the council has design guidelines or constructions specifications for works to which the complying development certificate relates and those guidelines or specifications address the submission of compliance documentation to the council--that compliance documentation.
If the development results in the creation of a rear access lane, an easement in gross for public access in favour of the council must be created over the lane before the occupation certificate for the work on the site is obtained.
(1) If a dwelling has been constructed in a manner that permits it to be adapted for persons with a disability, a permanent notice should be attached in a visible location near the electricity meter that informs future occupants of this.
(2) Without limiting subclause (1), if the Secretary of the Department of Planning and Environment approves the form of a notice for the purposes of this clause, a notice in that form is taken to satisfy subclause (1).
(1) At least 1 tree (that will have a mature height of at least 8m) is to be in each rear yard for each dwelling house, dual occupancy or terrace on the site before the occupation certificate for the work on the site is obtained.
(2) At least 1 tree (that will have a mature height of at least 5m) is to be in the setback from the primary road for each dwelling house, dual occupancy or terrace on the site before the occupation certificate for the work on the site is obtained but only if that setback is more than 3m.
(2A) One tree (that will have a mature height of at least 8m) is to be in the rear yard for each manor house on the site before the occupation certificate for the work on the site is obtained.
(2B) One tree (that will have a mature height of at least 5m) is to be in the setback from the primary road for each manor house on the site before the occupation certificate for the work on the site is obtained but only if that setback is more than 3m.
(3) In this clause--
"terrace" means a single dwelling in multi dwelling housing (terraces).
The person having the benefit of a complying development certificate must, as soon as practicable after obtaining an occupation certificate from a principal certifying authority (other than the council), notify the council of issuing of the certificate.