Other Provisions

3 - Other Provisions

Exempt Development

Development listed in this section is exempt development and does not require Council approval as it relates to minor works.

Although developments listed in this section are exempt, please check with other statutory authorities such as Sydney Water and your electricity and telecommunication supplier to determine whether approval is required from them.

If the development you want to undertake falls outside the specific exemption requirements of this section then the development is not exempt and you may be required to obtain a complying development certificate (please refer to Section 6.4 of this DCP) or you may need to lodge a Development Application with Council.

Despite the above, development is not exempt development if it is carried out on a site:

  1. of a heritage item identified in an Environmental Planning Instrument or that is subject to an interim heritage order under the Heritage Act 1977, or that is listed on the state heritage register under that Act, or
  2. identified as an Aboriginal place or known Aboriginal relic, or dedicated or reserved under the National Parks and Wildlife Act 1974, or
  3. within Zone 7 or 9(d) within 6m of land in Zone 6A if that land is critical habitat (within the meaning of the Threatened Species Conservation Act, 1995), or
  4. reserved or dedicated under the Crown Lands Act, 1989 for the preservation of flora, fauna or geological formations or for other environmental protection purposes, or
  5. that is within that part of the flood liable land that is affected by the 100 year average recurrence interval (ARI) flood, or
  6. that is an aquatic reserve dedicated under the Fisheries Management Act, 1994, or
  7. that is within 40m of a river within the meaning of the Water Management Act 2000 (with the exception of ancillary uses associated with a dwelling).
Exempt DevelopmentExemption Requirements
Access Facilities
Installation of internal or external ramps, paths, inclinators, but excludes lifts
  • Constructed in accordance with the requirements of AS1428.1
  • Located within the property boundaries
  • All aspects of the structure shall comply with the 'deemed to satisfy' provision of the Building Code of Australia
  • Constructed on the ground level only
Advertising Signs
(a) General Requirements for all the following descriptions of signs
  • The construction of the advertising structure must comply with the 'deemed to satisfy' provisions of the Building Code of Australia including Section B ("Structural Provisions").
  • Advertising sign content must relate to the approved use of the business or activity carried out on the site
  • All advertisements displaying the language of a foreign country must contain the English translation
  • Sign not to be of an offensive nature
  • Materials are to be durable, fade proof and of high aesthetic quality
  • Design signage to avoid confusion with directional and traffic signs
  • Design signage to add character to the street and avoid physical and visual clutter
  • Illuminated signs to be situated to avoid glare to drivers and pedestrians
(b) Business Identification signs in areas zoned Residential
  • One sign per premises
  • Sign is not to exceed 0.75m2 in area
  • Located wholly within the property boundaries
  • Shall not be illuminated or flashing
  • Maximum height of a freestanding sign above ground level is 2.0m
  • Serves only to identify the home occupation of the resident
(c) Business identification signs in areas zoned Centre Business 3(a), Neighbourhood Business 3(b) and Mixed Use 10
  • Per premises:
    • One underawning sign; and
    • One top hamper sign; and
    • One awning fascia sign;
  • Where the signs meet the following definitions:
    • Underawning sign: means a sign attached to the underside of an awning, other than the awning fascia or return end of the awning, which is:
      • a maximum of 2.5m in length, 500mm deep and 80mm wide
      • erected horizontal to the ground and at no point is less than 2.6m from the ground
      • does not project beyond the awning
      • securely fixed by metal supports
      • is non flashing
    • Top hamper signs: means a sign attached to the transom of a doorway or a display window of a building which:
      • does not exceed 2.5m squared
      • does not extend beyond any building alignment
      • does not extend beyond the head of the doorway or window to which it is attached
      • is non flashing
    • Awning Fascia signs: means a sign attached to the awning fascia or return end of an awning which:
      • does not project above or below the fascia or return end of the awning to which it is attached
      • does not extend more than 300mm from the face of the fascia or return end of the awning
      • is non flashing
(d) Directory boards in areas zoned Employment, where the use of the industrial units have development consent
  • One sign per premises
  • The directory board does not exceed 1.5m in length and 1.5m in height
  • The sign is fixed to the wall of the building, or the front fence of the building.
  • Non flashing or illuminated
(e) Real estate signs in areas zoned residential (advertising premises/land for sale or rent)
  • Sign not to exceed 2.5m2 in area
  • Located wholly within the property boundary or attached to the existing boundary fence and not projecting greater than 100 mm above the fence
  • Signs to be removed upon the sale or rental of the property
  • Non flashing or illuminated
(f) Real estate signs in areas zoned for industrial and commercial uses (advertising premises/land for sale or rent)
  • One sign, per 20m of street frontage per premises
  • Signs not exceeding 3.5m2 in area
  • Located wholly within the property boundary
  • Signs to be removed upon the sale or rental of the property
  • Can not be flashing or illuminated
(g) Signs behind the glass line of a shop window or commercial premises
  • One per street frontage
  • Not exceeding 50% of the shop front
  • Non flashing
(h) Advertisements within a site but not visible from the boundaries of that site, that does not involve the erection of a structure
  • Not visible from any property other than the property that the sign is erected on
  • Not visible from any public area including roads, footpaths and open space
(i) Public notice displayed by a public body giving information or direction about the services provided
  • One sign per 20m of street frontage, per premises
  • Signs not exceeding 3.5m2 in area
  • Located wholly within the property boundary
  • Non flashing
(j) Temporary signs for religious, cultural, political, social or recreational events
  • One per street frontage
  • Not exceeding 1.5m2 in area and 1.5m in height in residential areas
  • Not exceeding 3.5m2 in area and 2m in height in commercial and industrial areas
  • Located wholly within the property boundary
  • Does not include commercial advertising apart from the name of the event sponsor(s)
  • Not displayed earlier than 28 days before the event and must be removed within 14 days after the event,
  • Excludes re-occurring events
  • Non flashing
Aerials and Antennae
Not including satellite dishes or micro-wave antennas - referred to as a separate provision
  • One per dwelling house, multi unit development or residential flat building
  • Maximum height of 3m above the ridge line of the building or a maximum of 6m above natural ground level
  • Not located on the front façade of buildings
Air Conditioning Units for Dwellings
  • Noise level not to exceed 5dBA above ambient background noise level measured at the property boundary
  • Installed in accordance with Australian Standards
  • Attached to external wall or ground mounted
  • Any opening created is to be adequately weatherproofed
  • Located to the side or rear elevations of the building out of public view
Awnings (covered), canopies and Pergolas (uncovered)
  • Maximum area of 20m2 or 10% of the rear courtyard area/garden, whichever is less
  • The maximum cumulative area of all awnings, bird aviaries, carports, concreting, canopies, cabanas, decks, garden sheds, gazebos, greenhouses, patios, paving, pergolas on the site shall not exceed 10% of the total site area
  • A minimum of 50% of the perimeter of the structure must be open with no walls
  • No roller doors or panel lift doors are to be installed on the structure
  • Located wholly within the property boundaries and no closer to the street than the associated dwelling
  • Appropriate measures (that is, the installation of guttering and down piping) shall be taken to collect and dispose of any stormwater, in a manner that does not affect any other dwellings or adjoining property. For example to a drainage structure or easement under the control of Council
  • All aspects of the structure shall comply with the 'deemed to satisfy' provisions of the Building Code of Australia
  • The maximum height above natural ground level:
    • does not exceed 2.4m for a flat roof structure; or
    • does not exceed 3m for a pitched roof structure or if attached to the dwelling and with a maximum wall height of 2.4m if detached
    • Must not reduce deep soil below 30% of the site area
Barbeques
(excludes food business)
  • Maximum area of 4m2
  • Maximum height (including chimney) 2m above natural ground level
  • Located in the rear yard or, behind a courtyard wall, with no greater than 200mm of the chimney above the wall
  • Located no closer than the existing side boundaries of the dwelling and no closer than 1.2m to any pool safety fence
  • All aspects of the structure shall comply with the 'deemed to satisfy' provisions of the Building Code of Australia
  • For private use only
Bus Shelters
  • Must be constructed by or for Council
  • A maximum height of 2.7m above the footpath
  • Maximum area of less than 10m2
  • Non reflective finishes
  • Structurally adequate construction
  • The line of sight of vehicular traffic is not to be compromised
  • Must provide access for people with limited mobility
  • A maximum of one double sided advertising panel attached to the bus shelter
  • All aspects of the structure shall comply with the 'deemed to satisfy' provisions of the Building Code of Australia
Cabanas and gazebos
(in the rear courtyard or rear garden of the dwelling)
  • Maximum area of 20m2 or 10% of the rear courtyard area/garden, whichever is less
  • The maximum cumulative area of all awnings, bird aviaries, carports, concreting, canopies, cabanas, decks, garden sheds, gazebos, greenhouses, patios, paving, pergolas on the site shall not exceed 10% of the total site area
  • Located in the rear yard only
  • Located a minimum of 900mm from any boundary
  • Not for habitable use
  • All aspects of the structure shall comply with the 'deemed to satisfy' provisions of the Building Code of Australia
  • Non reflective finishes
  • Appropriate measures shall be taken to collect and dispose of any stormwater, in a manner which does not adversely affect any other dwellings or adjoining properties. For example to a drainage structure or easement under the control of Council
  • Not within a flood affected area if enclosed
  • The maximum height above natural ground level:
    • does not exceed 2.4m for a flat roof structure; or
    • does not exceed 3m for a pitched roof structure or if attached to the dwelling and with a maximum wall height of 2.4m if detached
  • Must not reduce deep soil below 30% of the site area
Carports
(a) General Requirements
  • Maximum area of 20 m2
  • The maximum cumulative area of all awnings, bird aviaries, carports, concreting, canopies, cabanas, decks, garden sheds, gazebos, greenhouses, patios, paving, pergolas on the site shall not exceed 10% of the total site area
  • Located a minimum of 300mm behind the front building line
  • Located a minimum of 900mm from any boundary
  • A minimum of 50% of the perimeter must be open
  • No roller doors or panel lift doors are to be installed on the structure
  • All aspects of the structure shall comply with the 'deemed to satisfy' provisions of the Building Code of Australia
  • Non reflective finishes
  • Appropriate measures shall be taken to collect and dispose of any stormwater, in a manner which does not adversely effect any other dwellings or adjoining property. For example to a drainage structure or easement under the control of Council
  • The maximum height natural ground level:
    • does not exceed 2.4m for a flat roof
    • does not exceed 3m for a pitched roof with a maximum wall height of 2.4m
  • Must not reduce deep soil below 30% of the site area
(b) All Saints Cemetery Special Character Area Requirements
  • Carports to be situated at least 1m behind the front wall of a residential building.
  • Access to carports not to be via Short or Buller Streets, use lane access
(c) Thomas/Lombard Streets, Northmead Special Character Area Requirements
  • Carport in the rear gardens or beside the house and minimum 2m back from the front wall of the house.
(d) Sutherland Road Special Character Area Requirements
  • Carports not to be placed beside the house which will block driveway space to back garden; carport to be in the rear garden.
(e) Sylvia Gardens Special Character Area Requirements
  • Carports not to be placed beside the house which will block driveway space to back garden; carport to be in the rear garden.
(f) Hillside Estate Special Character Area
  • Carports in the rear garden or beside the house but no further forward than the adjoining wall of the house.
  • Maintain uncluttered space between building line and front boundary as an important part of street character
  • Maintain the established pattern of one opening per allotment for single car access.
(g) Jeffery avenue Special Character Area Requirements
  • Carports in the rear garden or beside the house and at least 3m back from the front wall of the dwelling house.
Clothes hoists/lines
  • Must not be located in front yards
  • Installed to the manufacturers' standards
  • Not installed on balconies within dwellings
Consolidation of allotments
  • Must not be in a Special Character Area or a Heritage Conservation Area.
Cubby houses, playground equipment
  • Maximum area of 10m2 or 10% of the rear courtyard area/garden, whichever is less
  • The maximum cumulative area of all awnings, bird aviaries, carports, concreting, canopies, cabanas, decks, garden sheds, gazebos, greenhouses, patios, paving and pergolas on the site shall not exceed 10% of the total site area
  • Minimum 900mm setback to boundaries
  • All aspects of the structure shall comply with the 'deemed to satisfy' provisions of the Building Code of Australia
  • Maximum overall height of 2.4m
  • Must not be located in the front yard
Decks and patios
(unroofed and attached to dwellings only)
  • Maximum area of 20m2 or 10% of the rear courtyard area/garden, whichever is less
  • The maximum cumulative area of all awnings, bird aviaries, carports, concreting, canopies, cabanas, decks, garden sheds, gazebos, greenhouses, patios, paving, pergolas on the site shall not exceed 10% of the total site area
  • Finished surface level to not be greater than 600mm above the existing natural ground level
  • No closer than 900mm from an adjoining side and rear property boundaries
  • Located no closer to the street than the associated dwelling
  • All aspects of the structure shall comply with the 'deemed to satisfy' provisions of the Building Code of Australia
  • Must not reduce deep soil below 30% of the site area
Demolition
(Excluding heritage items or structures in a conservation area other than exempt structures and excluding demolition of structures containing asbestos.)
  • The structure is identified as Exempt Development and is less than 25m2 in area or is an above ground swimming pool.
  • The activity is confined to within the property boundaries
  • The activity is to be carried out in accordance with AS 2601 1991 Demolition Code or as amended and enforced at the time.
  • Materials must not be burnt or buried on the site
  • The footpath is to be kept free of all debris
  • Demolition is restricted to the hours of 7.00am to 8.00pm Monday to Friday inclusive and 8.00am to 8.00pm Saturdays and is prohibited on Sundays and public holidays
  • The Work Cover Authority's guidelines for the removal of lead paint shall be referred to, where applicable
  • Does not include removal of trees other than trees exempt from the tree preservation order.

Note: Demolition of structures containing asbestos may be subject to the Complying Development Provisions contained in Section 6.4

Different use of a building resulting from a change of use of the building
(a) From one type of shop to another type of shop, or
(b) from one type of commercial premises to another type of commercial premises
  • The premises is not to be used as a new food business.
  • The use is consistent with the current classification under the Building Code of Australia.
  • The building must have a previous approval for the use of the premises.
  • The different use does not result in an increase in the gross floor area of the building.
  • Any proposed additional advertising material complies with the requirements set out above under advertising signs.
  • The building is lawfully constructed to be used for the purposes of a shop or an office/commercial premises of a particular kind.
  • The curtilage of the shop or the office/commercial premises is not used for storage or display.
  • The premises is not open outside the existing approved hours of operation.
  • Not to involve the carrying out of any alterations other than those exempted by this DCP.
  • All conditions that have previously been imposed on the use of the building or the use of the land that relate to;
    • the maintenance of landscaping,
    • the parking of vehicles,
    • the provision of space for the loading and unloading of goods or vehicles
    But not where:
    The commercial premises or shop:
    • includes the display, exhibition or sale of publications classified Category 1 restricted, Category 2 restricted or RC under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth, or
    • is used for the purpose of a business to which section 578E of the Crimes Act 1900 applies, or
    • includes a business which is primarily concerned with the display or exhibition of any article that is primarily concerned with sexual behaviour,
    • is used for the purpose of a brothel or
    • requires a liquor license under the Liquor Licensing Act
(c) From one type of industry to another type of industry.
  • The use is consistent with the current classification under the Building Code of Australia
  • The use of the premises is to be for industrial purposes only as defined in the Parramatta LEP 2001
  • The building must have a previous approval for the use of the premises
  • The building is lawfully constructed to be used for the purposes of an industrial purpose of a particular kind
  • The building has a maximum floor area of 500 sqm
  • The curtilage of the building is not used for storage or display
  • There is no extension of hours outside the existing approved hours of operation, and not outside the hours of 6:00am to 6:00pm
  • The use will not require the upgrade of any fire safety, health, environmental or other standards
  • Not to involve the carrying out of any alterations other than those exempted by this DCP
  • All conditions that have previously been imposed on the use of the building or the use of the land that relate to;
    • the maintenance of landscaping,
    • the parking of vehicles,
    • the provision of space for the loading and unloading of goods or vehicles, and
  • The use does not involve handling, storing or using hazardous chemicals otherwise than on a domestic scale (except at a distance of more than 25m from any habitable building), and does not release any hazardous chemicals, materials or pollutants into the environment.
Fences
(other than fences covered by the Swimming Pools Act 1992)
(a) General Requirements.
  • All fences are to be constructed so that they do not prevent the natural flow of stormwater drainage/runoff
  • These requirements do not set aside the provisions of the Dividing Fences Act 1991
  • Structurally adequate construction
  • Built to manufacturers specifications
  • You are advised to talk to your neighbour at an early stage and consult the Dividing Fences Act (1991)
(b) Front fences and corner fences
  • Maximum height of 1.2m above natural ground level, if constructed of timber or similar lightweight materials (other than sheet metal)
  • Maximum height of 1.0m above natural ground level, if constructed of masonry materials
  • Maximum height of 1.2m above natural ground level, if constructed of masonry and combination of other materials (other than sheet metal), but masonry component to be maximum of 1.0m
(c) Side fences and rear boundary fences (located between the building line and the rear boundary)
  • Maximum height of 1.8m above natural ground level, if constructed of timber or non sheet metal lightweight materials
  • Maximum height of 1.0m above natural ground level if constructed of masonry materials.
  • Sheet metal fences are not to be constructed on corner lots and boundaries where lots adjoin public reserves or public places
(d) All Saints Cemetery Special Character Area Requirements
  • Metal and concrete fence on northern boundary of cemetery to be kept.
  • Maintain the fence line of Short and Buller Streets unaffected by driveway openings
  • Fence openings for vehicular access in excess of 3m in Albert, Fennell or Brickfield Street to be avoided
  • Front fences to be made of light weight materials such as timber or wire mesh on timber or metal.
(e) Thomas/Lombard Streets, Northmead Special Character Area Requirements
  • Low open fencing, no higher than 900mm. A preference for timber paling construction, but other materials and designs such as link- mesh, timber post-and-rail, or brick may be provided where it is appropriate in relation to the house.
(f) Sutherland Road Special Character Area Requirements
  • Front fences not to be higher than 1m, with the exception of fences along Pennant Hills Road.
(g) Jeffery avenue Special Character Area Requirements
  • Front wire fence no higher than 1m.
  • Front fences not to be rendered or painted.
(h) Hillside Estate & Winston Hills Special Character Area Requirements
  • Open front gardens without front fences
(i) Sylvia Gardens Special Character Area Requirements
  • Low front fences, not exceeding 1.2m, which give views of each garden
Flagpoles
  • Maximum flag area 2m2
  • Maximum height of the flagpole and flag 6m above natural ground level
  • Must not project beyond the property boundaries
  • Must be structurally adequate
  • Installed to manufacturer's specifications
  • One flag pole per property in residential areas and maximum of 2 flag poles in industrial and commercial areas.
  • Does not cause an audible nuisance
  • Minimum 1m clearance from power lines
Goalposts, playground equipment, sight screens and similar sporting structures
(excluding grandstands, dressing sheds and other structures designed to accommodate people) located in public parks or recreation areas
  • Must be constructed by or for Council
  • Must be installed in accordance with the relevant Australian Standards
  • Located a minimum of 10m from any residential premises
Home occupation
  • The use is not bed and breakfast accommodation.
  • The use complies with the definition of home occupation in the Parramatta LEP 2001:
  • home occupation means an occupation carried on in a dwelling house or in a dwelling in a residential building, by the permanent residents of the dwelling house or dwelling which does not involve:
    • the employment of persons other than those residents, or
    • interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, or otherwise, or
    • the display of goods, whether in a window or otherwise, or
    • the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on the dwelling house or dwelling to indicate the name and occupation of the resident), or
    • the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,
    • prostitution
Internal fit out or alterations to existing shops, commercial and industrial premises
(excluding food business, hairdressers, beauty salons and skin penetration)
  • The structural integrity of the building will not be adversely affected
  • The removal of asbestos cement and lead paint complies with the Work Cover Authority's guidelines
  • Shall be consistent with the conditions of Development Consent
  • All aspects of the structure shall comply with the 'deemed to satisfy' provisions of the Building Code of Australia
Letter boxes
  • In accordance with the guidelines for letterbox construction set by Australia Post
Minor external alterations,
(being recladding, painting, plastering, cement rendering, or repair, restoration or maintenance of damaged materials of roofs or walls, to dwelling houses)
(a) General Requirements
  • The removal of asbestos cement and lead paint complies with the Work Cover Authority's guidelines
  • Must be structurally adequate
  • Alterations or renovations to previously existing buildings only
  • No increase in the total floor area of the building
  • External configuration of the building shall not be altered. For example there shall be no increases in window, door, wall and roof sizes
  • Work does not reduce light from windows or ventilation or reduce the number of exits or involve enclosure of open areas
(b) All Saints Cemetery Special Character Area Requirements
  • Consistency of building materials is to be maintained. Face or common bricks or painted timber, with tile or corrugated iron roof.
  • Plastered or painted brickwork, or hearted, speckled, multicoloured or textured bricks in light colours to be avoided.
  • Imitation slate or obtrusively coloured roofing materials to be avoided.
(c) Thomas/Lombard Streets, Northmead Special Character Area Requirements
  • Replacement of roofs with historically appropriate materials; generally corrugated steel, possibly tiles depending on era of house.
  • Recladding of existing timber/fibro houses to be of similar materials and profiles.
  • Painting, rendering or re-sknining of brick houses to be avoided.
(d) Sutherland Road Special Character Area Requirements
  • Recladding, painting or rendering of exterior walls of brick houses to be avoided. Recladding of roofs to be in similar materials.
(e) Sylvia Gardens Special Character Area Requirements
  • Recladding of fibro houses in similar lightweight materials, or rendered brick cladding using colours to blend with existing nearby housing.
  • Roof cladding in terracotta tiles.
(f) Hillside Estate Special Character Area
  • Painting, rendering or re-skinning of brick houses to be avoided.
  • Use face bricks that match the existing house. Textured bricks in light colours to be avoided.
(g) Jeffery Avenue Special Character Area Requirements
  • Painting, rendering or re-skinning of brick houses or the brick base of houses to be avoided.
(h) Winston Hills Special Character Area Requirements
  • Roof forms to maintain architectural design of the house.
Minor internal alterations to dwelling houses
  • Non structural work only
  • Alterations or renovations to previously completed buildings only
  • Renovations of bathrooms and kitchens including built in fixtures such as vanities, cupboards and wardrobes
  • Replacement doors, wall ceiling or floor linings, and deteriorated frame members, are constructed with equivalent or better quality materials
  • Work does not include changes to the configuration of rooms whether by removal of existing walls, partitions or by other means may be performed at the ground floor level only
  • Work does not reduce light from windows or ventilation or reduce the number of exits or involve enclosure of open areas
  • External configuration of the building shall not be altered. For example there shall be no increases in window, door, wall and roof sizes
  • The removal of asbestos cement and lead paint complies with the Work Cover Authority's guidelines
  • The use of the room shall not be altered from non habitable to habitable
Outbuildings, garden sheds, green houses, bird aviaries
  • Maximum area of 10m2 or 10% of the rear courtyard area/garden, whichever is less
  • The maximum cumulative area of all awnings, bird aviaries, carports, concreting, canopies, cabanas, decks, garden sheds, gazebos, greenhouses, patios, paving, pergolas on the site shall not exceed 10% of the total site area
  • Maximum height 2m above natural ground level
  • Non reflective finishes to be used
  • Located to the rear of the building alignment and not closer than 1m from an adjoining property boundary
  • Aviaries a minimum of 10m from any dwelling
  • Not involving the keeping of poultry
  • Must not reduce deep soil below 30% of the site area
Park and street Furniture
(applies to the erection/ installation of seats, bins, picnic tables and shelters)
  • Where consistent with a Plan of Management adopted by Council
  • Construction by or for Council and designed, fabricated and installed so as to be structurally adequate and safe to the public in accordance with the relevant Australian Standards and the Building Code of Australia
  • Located on land under control of Council
Paving and concreting
  • Does not cover more than 25m2 or 10% of the rear courtyard area/garden, whichever is less
  • The maximum cumulative area of all awnings, bird aviaries, carports, concreting, canopies, cabanas, decks, garden sheds, gazebos, greenhouses, patios, paving, pergolas on the site shall not exceed 10% of the total site area
  • Must not reduce deep soil below 30% of the site area
Playground equipment
  • Must be constructed for or by Council and be designed, fabricated and installed in accordance with AS 1924, 2155 and DR 94007 – DR 94010 and to manufacturer's specifications
Portable classrooms and other portable school buildings
  • All aspects of the structure shall comply with the 'deemed to satisfy' provisions of the Building Code of Australia
  • Appropriate measures shall be taken to collect and dispose of any stormwater, in a manner which does not adversely effect any adjoining property. For example to a drainage structure or easement under the control of Council
  • Must not be closer than 3m to any boundary
  • Erected for or on land for the Department of Education
Public toilets
  • Maximum area of 30m2
  • Construction by or for Council
Retaining Walls
  • Maximum height of 600mm above existing natural ground level
  • To be structurally adequate
  • Located wholly within the property boundary
  • Are to comply with the relevant Australian Standards
  • Are to be designed and constructed so that they do not prevent the natural flow of stormwater drainage/runoff
Satellite Dishes/Microwave Antennas
(a) Located on residential premises and ground mounted
  • Maximum height of 1.8m above natural ground level to the top of the dish
  • Maximum diameter of 1m
  • One installation per dwelling
  • Situated a minimum of 900mm from any property boundary
  • Situated no closer to the street than the associated dwelling and not visible from the street
  • Must be structurally adequate
  • Not to be used for transmission purposes
  • In any multiple dwelling or residential flat development, all units are to be connected to a single common satellite dish/microwave antenna
(b) Located on residential premises and roof mounted
  • Maximum diameter of 600mm
  • One installation per dwelling
  • Suitably coloured to blend in with the roofing material
  • Located below the ridgeline of roof so as not to be visible from a public place
  • Must be structurally adequate and secured to the building
  • Not to be used for transmission purposes
  • In any multiple dwelling or residential flat development, all units are to be connected to a single common satellite dish/microwave antenna
(c) Located on commercial premises and ground mounted
  • Maximum height of 1.8m above natural ground level to the top of the dish
  • Maximum diameter of 1m
  • One installation per premises
  • Situated a minimum of 900mm from the boundary if the adjoining property is residential, in all other cases contained within the property boundary
  • Must be structurally adequate
  • Not to be located within any driveway, landscape or car parking area
  • Not visible from the street
(d) Located on commercial premises and roof mounted
  • Maximum height above roof surface of 1.5m
  • Maximum diameter of 1m
  • One installation per premises
  • Situated a minimum of 900mm off all property boundaries
  • Must be structurally adequate and secured to the building
  • Not visible from the street
Security grills and shutters to dwelling houses
  • must be to the rear and side of the dwelling
  • must comply with the Building Code of Australia and the structural integrity of the building is not to be affected
  • any work involving lead paint removal must not cause lead contamination of air or groundwater
  • colour of security grills and shutters to be consistent with the colour of window frame and/or door frames that they are attached to.
Skylight roof windows
(including solar tubes and the like)
(a) General Requirements
  • Maximum area of skylight does not exceed 1m2
  • Must be located in non habitable roof space
  • Located not less than 900mm from a property boundary and not less than 900mm from a wall separating attached dwellings
  • To be installed a minimum of 2.4m above the floor level of the room of which it serves
  • The building work must not reduce the structural integrity of the building
  • Any opening created by the installation must be adequately weatherproofed
  • Installation must be to manufacturer's specifications
  • Complies with BASIX requirements where relevant
  • All aspects of the structure shall comply with the 'deemed to satisfy' provisions of the Building Code of Australia
(b) All Saints Cemetery Special Character Area Requirements
  • Skylights facing Short Street not permitted
Use of Class 9b Building for Public Meetings
A Class 9b building as defined in the Building Code of Australia, is a building of public nature
  • The building is approved for use as a 9b building
  • Must not contravene any conditions of consent imposed by a previous consent
Waste storage containers, placement in a public place or within the property boundary
  • The waste storage contained is in association with exempt development or works approved by Council
  • Limit of one container to be placed in a public place
  • A maximum period of 14 days from the date of placement of the container to the date of removal
  • Waste containers are to be located and designed strictly in accordance with the guidelines of the Roads and Traffic Authority
  • The container is to be of a light colour, have reflectors and should clearly display the name and address of the owner/proprietor
  • The supplier of the waste container must ensure that there is a minimum of $10 million public liability/risk insurance cover for the placement of the waste container in a public place.
  • A strip, minimum width of 1.5m, shall be provided to enable safe pedestrian access
  • Containers must not restrict access to services.
Water features, fish ponds and fountains
(a) General Requirements
  • Maximum surface area of 4m2
  • Is not capable of being filled with water to a depth of 300mm or more
  • Designed and constructed so as not to prevent the natural flow of stormwater drainage/runoff
(b) Water features
  • No higher than 1m above existing natural ground level
  • Filtration or pumps must not exceed a noise level of 5dBA above the ambient background noise level measured at the property boundary.
(c) Fish ponds
  • No higher than 300mm above existing natural ground level
(d) Fountains
  • No higher than 1m above existing natural ground level
  • No Noise level not to exceed 5dBA above ambient background noise level measured at the property boundary
Water heaters, including solar heaters
(replacement or new installations)
  • The installation must not reduce the structural integrity of the building
  • Must not be located on the front façade of the dwelling
  • Complies with BASIX requirements where relevant
  • Must achieve a minimum 3.5 energy star rating
Water tanks
(at or above existing natural ground level)
  • the capacity of the tank, or the combined capacity of tanks, on a lot must not exceed 10,000 litres,
  • the tank must be designed to capture and store roof water from gutters or downpipes on a building,
  • the tank must not collect water from a source other than gutters or downpipes on a building or a water supply service pipe,
  • the tank must be fitted with a first-flush device, being a device that causes the initial run-off of any rain to bypass the tank to reduce pollutants entering the tank,
  • the tank must be structurally sound,
  • the tank must be prefabricated, or be constructed from prefabricated elements that were designed and manufactured for the purpose of the construction of a rainwater tank,
  • the tank must be assembled and installed in accordance with the instructions of the manufacturer or designer of the tank,
  • the tank, and any stand for the tank, must be installed and maintained in accordance with any requirements of the public authority that has responsibility for the supply of water to the premises on which the tank is installed,
  • the installation of the tank must not involve the excavation of more than 1m from the existing ground level, or the filling of more than 1m above the existing ground level,
  • the tank must not be installed over or immediately adjacent to a water main or a sewer main, unless it is installed in accordance with any requirements of the public authority that has responsibility for the main,
  • the tank must not be installed over any structure or fittings used by a public authority to maintain a water or sewer main,
  • no part of the tank or any stand for the tank may rest on a footing of any building or other structure, including a retaining wall,
  • the tank must be located behind the front alignment to the street of the building to which the tank is connected (or, in the case of a building on a corner block, the tank must be located behind both the street front and street side alignments of the building),
  • the tank must not exceed 2.4m in height above ground level, including any stand for the tank,
  • the tank must be located at least 450mm from any property boundary,
  • a sign must be affixed to the tank clearly stating that the water in the tank is rainwater
    Note: If water in rainwater tanks is intended for human consumption, the tank should maintained to ensure that the water is fit for human consumption--see the Rainwater Tanks brochure produced by NSW Health and the publication titled Guidance on the use of rainwater tanks, Water Series No 3, 1998, published by the National Environmental Health Forum.
  • any overflow from the tank must be directed into an existing stormwater system,
  • the tank must be enclosed, and any inlet to the tank must be screened or filtered, to prevent the entry of foreign matter or creatures,
  • the tank must be maintained at all times so as not to cause a nuisance with respect to mosquito breeding or overland flow of water,
  • any plumbing work undertaken on or for the tank that affects a water supply service pipe or a water main must be undertaken:
    • with the consent of the public authority that has responsibility for the water supply service pipe or water main, and
    • in accordance with any requirements by the public authority for the plumbing work, and
    • by a licensed plumber in accordance with the New South Wales Code of Practice--Plumbing and Drainage produced by the Committee on Uniformity of Plumbing and Drainage Regulations in New South Wales
  • any motorised or electric pump used to draw water from the tank or to transfer water between tanks:
    • must not create an offensive noise, and
    • in the case of a permanent electric pump, must be installed by a licensed electrician.
  • Despite the first subclause, a rainwater tank with a capacity exceeding 10,000 litres may be exempt development if another environmental planning instrument applying to the land concerned provides for such a rainwater tank to be exempt development.
  • This clause does not apply to land that is a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 .
Windows, glazed areas and external doors
  • Replacement in residential premises with materials that comply with:
    • AS 1288 Glass in Buildings Selection and Installation; and
    • AS 2208 Safety Glazing Materials for Use in Buildings (Human Impact Considerations)
  • No reduction in the area provided for light and ventilation is permitted and structural support members cannot be removed
  • No increase in size
  • Alterations comply with the Building Code of Australia and structural integrity of the building is not affected
  • Any work involving asbestos cement complies with the WorkCover Authority's "Guidelines for Practices Involving Asbestos in Buildings"
  • Any work involving lead paint removal does not cause lead contamination of air or groundwater
  • The replacement of window frames is to be consistent with the original profile and the design of the building
  • No additional windows