New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (AFFORDABLE RENTAL HOUSING) 2009 - REG 46B

46B Development standards for bush fire prone land

(1) Except as provided by subclause (2), this clause applies to development to which this Division applies that is carried out on a lot that is wholly or partly bush fire prone land.

(2) This clause does not apply to the following development--

(a) development to which Division 7 of Part 2 applies,

(b) the erection of non-habitable ancillary development that is more than 6m from any dwelling house, landscaping, a non-combustible fence or a swimming pool,

(c) development that is carried out on any part of a lot that is land in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ).

Note : More information about the categories of bush fire attack, including the flame zone, can be found in Table A1.7 of Planning for Bush Fire Protection .

(3) The development may be carried out on the lot only if--

(a) the development conforms to the specifications and requirements of Planning for Bush Fire Protection that are relevant to the development, and

(b) any associated access way is on land that is--

(i) not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ), or

(ii) grasslands, and

(c) the lot has direct access to a public road or a road vested in or maintained by the council, and

(d) the development is located within 200m of that road, and

(e) there is sufficient access designed in accordance with the acceptable solutions identified in Table 7.4a of Planning for Bush Fire Protection , and

(f) a reticulated water supply is connected to the lot, or a water supply with a 65mm metal Storz outlet with a gate or ball valve is provided for fire fighting purposes on the lot (the gate or ball valve, pipes and tank penetrations are to be designed to allow for a full 50mm inner diameter water flow through the Storz fitting and must be of a metal construction), and

(g) the size of the non-reticulated water supply mentioned in paragraph (f) is--

(i) for a lot with an area no greater than 10,000m 2 --10,000L, and

(ii) for a lot with an area greater than 10,000m 2 --20,000L, and

(h) reticulated or bottled gas on the lot is installed and maintained in accordance with AS/NZS 1596:2014, The storage and handling of LP Gas and the requirements of relevant authorities (metal piping must be used), and

(i) all fixed gas cylinders on the lot are located at least 10m from flammable materials and are enclosed on the hazard side of the installation, and

(j) any gas cylinders on the lot that are within 10m of a dwelling house--

(i) have the release valves directed away from the dwelling house, and

(ii) have metal connections to and from the cylinders, and

(k) there are no polymer sheathed flexible gas supply lines to gas meters adjacent to the dwelling.

Note : The requirements relating to the construction of buildings in bush fire prone areas set out in the Building Code of Australia also apply.

(4) For the purposes of this clause, land is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ) if--

(a) the council or a person recognised by the NSW Rural Fire Service as a suitably qualified consultant in bush fire risk assessment determines, in accordance with the methodology specified in Planning for Bush Fire Protection , that the land is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ), or

(b) in the case of development carried out on grasslands--the development conforms to the specifications and requirements of Table 7.9a of Planning for Bush Fire Protection that are relevant to the development.

(5) In this clause--

"bush fire attack level-40 (BAL-40)" and
"flame zone (BAL-FZ)" have the same meanings as in AS 3959:2018, Construction of buildings in bushfire-prone areas .

"grasslands" has the same meaning as in Planning for Bush Fire Protection .

"Planning for Bush Fire Protection" means the document entitled Planning for Bush Fire Protection, ISBN 978 0 646 99126 9 , prepared by the NSW Rural Fire Service in co-operation with the Department of Planning, Industry and Environment, dated November 2019.