New South Wales Consolidated Regulations

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STATE ENVIRONMENTAL PLANNING POLICY (AFFORDABLE RENTAL HOUSING) 2009 - REG 23

Complying development

23 Complying development

(1) Development for the purposes of a secondary dwelling (other than development referred to in subclause (2)) is complying development if the development:
(a) meets the general requirements for complying development set out in clauses 1.17A and 1.18 (1) and (2) of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 , and
(b) is on a lot that does not include any land referred to in clause 1.19 (1) of that Policy, and
(c) is on land in Zone R1, R2, R3 or R4 or a land use zone that is equivalent to any of those zones, and
(d) is on a lot that has an area of at least 450 square metres, and
(e) does not involve the erection of a basement or alterations or addition to an existing basement, and
(f) does not involve the erection of a roof terrace on the topmost roof of a building or alterations or addition to any such existing terrace, and
(g) satisfies the development standards set out in Schedule 1.
(2) Development for the purposes of a secondary dwelling that is located entirely within an existing dwelling house is complying development if the development:
(a) meets the relevant provisions of the Building Code of Australia , and
(b) is on a lot that does not include any:
(i) land that is an environmentally sensitive area within the meaning of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 , or
(ii) land that comprises, or on which there is, a heritage item or a draft heritage item within the meaning of that Policy, and
(c) is on land in Zone R1, R2, R3 or R4 or a land use zone that is equivalent to any of those zones, and
(d) involves no external alterations to the principal dwelling other than the provision of an additional entrance, and
(e) does not involve the erection of a basement or alterations or addition to an existing basement, and
(f) does not involve the erection of a roof terrace on the topmost roof of a building or alterations or addition to any such existing terrace, and
(g) will not result in there being on the land, any dwelling other than the principal dwelling and the secondary dwelling, and
(h) will not result in the floor area of the secondary dwelling being more than 60 square metres or, if a greater floor area is permitted in respect of a secondary dwelling on the land under another environmental planning instrument, being more than that greater floor area.
(3) If a secondary dwelling is to be built at the same time as a principal dwelling, the building of both dwellings and any ancillary development on the lot may be carried out as a single complying development if:
(a) the building of the secondary dwelling can be carried out as complying development under this Division, and
(b) the building of the principal dwelling and any ancillary development can be carried out as complying development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 .
(4) In determining whether a principal dwelling (when built at the same time as a secondary dwelling) can be carried out as complying development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 , the secondary dwelling is not to be taken into account.
Note : This means that the principal dwelling would be considered to be a dwelling house (a building containing only one dwelling) for the purposes of that Policy even if the secondary dwelling were within it or attached to it.
(5) A complying development certificate for development that is complying development under this Division is subject to the conditions specified in Schedule 6 to State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 , except that the reference in clause 11 of Schedule 6 to that Policy to a dwelling house is taken to be a reference to a principal dwelling or a secondary dwelling.
Note : Principal and secondary dwellings will be classified as class 1a or class 2 under the Building Code of Australia depending on the configuration of those dwellings.



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