Development Control Plan No.

14

Dual Occupancy Development

Development Control Plan No. 14 was adopted by Council on 10 December 1992 and came into force on 22 December 1992.

Latest Revision: Adopted by Council: Plan effective from: 11 February 2010 5 March 2010

Jim Montague GENERAL MANAGER City Planning Division i

CONTENTS
1. 2. 3. 4. 5. INTRODUCTION.................................................................................................................... 2 PREPARING YOUR DEVELOPMENT APPLICATION ......................................................... 2 STEPS TO LODGING A DEVELOPMENT APPLICATION................................................... 4 DEFINITIONS......................................................................................................................... 5 DESIGN ELEMENTS ............................................................................................................. 7 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 SITE REQUIREMENTS ................................................................................................ 7 SUBDIVISION ............................................................................................................... 8 FLOOR SPACE RATIO................................................................................................. 9 BUILDING HEIGHT....................................................................................................... 9 SETBACKS ................................................................................................................. 11 EXTERNAL DESIGN .................................................................................................. 13 OPEN SPACE............................................................................................................. 14 CAR PARKING ........................................................................................................... 15 PRIVACY .................................................................................................................... 17

5.10 FRONT FENCES ........................................................................................................ 18 5.11 DRAINAGE ................................................................................................................. 18 6. 7. SECTION 94 CONTRIBUTIONS ......................................................................................... 20 CALCULATION SHEET ...................................................................................................... 21

Annexure 1: History of Amendments........22

1.

INTRODUCTION

This Development Control Plan applies to all dual occupancy development in the City of Canterbury. The purpose of this Plan is to establish objectives and provide design requirements for dual occupancy development. These objectives have been established so that dual occupancy development: is of a high standard of design provides an attractive streetscape offers a choice of accommodation for residents, and enhances and protects the amenity of residential areas.

The design requirements provide suggestions on how the objectives might be achieved in most cases. ADVISORY NOTE: Amendment 9 to this DCP removed all references and controls relating to granny flats. The standards and controls relating to secondary dwellings in the complying development schedule of the SEPP (Affordable Rental Housing) 2009 will apply to development applications received for secondary dwellings (granny flats). This applies to development applications for secondary dwellings that were lodged after 5 March 2010. The provisions in the SEPP (ARH) 2009 provide more detailed design controls for secondary dwellings such as height, setbacks, FSR etc. A copy of the State Environmental Planning Policy and explanatory information is available at www.planning.nsw.gov.au For further information please email planningreform@planning.nsw.gov.au or contact the Department of Planning Information Centre on 9228 6333. 2. PREPARING YOUR DEVELOPMENT APPLICATION

Councils Development Application Guide (DA Guide) will provide you with specific details of the information required to be submitted with your application. This includes, but is not necessarily limited to: Site Analysis Plan Detailed architectural plans, including elevations, sections, etc. Statement of Environmental Effects Survey Plan
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Landscaping Concept Plan Shadow Diagrams Soil and Water Management Plan BASIX Certificate

The Development Application Guide also contains a checklist that you must complete before you submit your application. This checklist will help to ensure that you have provided all the information required so that your application can be processed in an efficient manner.

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3.

STEPS TO LODGING A DEVELOPMENT APPLICATION This booklet sets the objectives for dual occupancy developments. It is necessary for proposals to satisfy these objectives for Council approval to be granted. Contact an architect, designer, surveyor, engineer and landscape architect to work with you on the project.

STEP 1 READ THIS CODE STEP 2 CHOOSE YOUR CONSULTANTS STEP 3 PREPARE A SITE ANALYSIS

A site analysis must be prepared to consider the characteristics of the site and its surrounds (Refer to the DA Guide). With the site analysis in mind, draft plans can be prepared. Make an appointment to discuss your proposal with the relevant planning officer. The pre-lodgement meeting allows the opportunity to discuss your site analysis, draft plans and the objectives of this Plan with the Council officers that will be assessing your proposal. The pre-lodgement meeting is very important. It will minimise delays in the processing of your application, and provide an opportunity to discuss areas of uncertainty.

STEP 4 PREPARE DRAFT PLANS STEP 5 TALK TO COUNCIL

STEP 6 TALK TO YOUR NEIGHBOURS

It is recommended that you consult with your neighbours before formally lodging your Development Application with Council. By taking into account the concerns of your neighbours early, you can avoid delays in the processing of your application. With the matters discussed at the pre-lodgement meeting in mind, your architect can now prepare a detailed design proposal. Once prepared, you should formally lodge your proposal to Council with a completed development application form, and pay the relevant fee. Your application must include all of the information required by the DA Guide

STEP 7 PREPARE FINAL PLANS

STEP 8 SUBMIT YOUR APPLICATION

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4.

DEFINITIONS

For the purpose of this Development Control Plan: Car Space Dual Occupancy Dwelling includes any garages, carports or open hard stand areas available for the parking of vehicles. means two dwellings (whether or not attached) on one allotment of land. means a room or number of rooms occupied or used, or so constructed or adapted so as to be capable of being occupied or used, as a separate household. means the sum of the areas of each floor of a building where the area of each floor includes all wall thicknesses, ducts, vents, staircases (counted once between floor levels), as measured at a height of 1400 millimetres above each floor level, excluding:(a) columns, fin walls, sun control devices, awnings and any other elements, projections or works outside the general lines of the outer face of the external walls; and (b) lift towers, cooling towers, machinery and plant rooms, ancillary storage space and air-conditioning ducts; and (c) carparking needed to meet any requirements of the Council and any internal designated vehicular or pedestrian access thereto; and

Floorspace

(d) space for the loading and unloading of goods up to 35 square metres; and (e) Terraces and balconies with outer walls less than 1400 millimetres high. Floorspace Ratio Ground Level Height means the proportion of floorspace of a building relative to the site area of the land on which the dual occupancy is proposed. is defined as either natural ground level or any artificially formed ground level, whichever is the lower. in relation to a building, means the vertical distance measured between ground level at any point at which the building is sited, and the ceiling of the topmost floor of the building above that point.

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Landscaped Open Space means that part of the site not occupied by any building or buildings (except swimming pools or open air recreation facilities) which is predominantly landscaped by way of the planting of gardens, lawns, shrubs or trees and is available for use and enjoyment by the occupants of the building erected on the site, but does not include that part of the site area used for driveways and parking areas. Large Dwelling means a dwelling with floorspace more than 90 square metres or a dwelling that contains more than two bedrooms or rooms capable of being converted to bedrooms. means a dwelling with floorspace between 60 square metres and 90 square metres which contains no more than two bedrooms, or rooms capable of being converted to bedrooms. means the existing ground level of the land before any site filling, excavation or building work commences. means a dwelling with floorspace up to 60 square metres and which contains one bedroom or a room capable of being converted to a bedroom.

Medium Dwelling

Natural Ground Level Small Dwelling

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5.

DESIGN ELEMENTS

Each of the design elements within this Plan contains objectives and design requirements. The design requirements provide suggestions on how the objectives might be achieved in most cases. However, in some instances other solutions may need to be applied to achieve the objectives. These solutions may involve greater or less requirements than the design requirements stated in this Plan. 5.1 SITE REQUIREMENTS Design Requirements a. The minimum site area for dual occupancy development is 600 square metres (for both attached and detached dwellings).

Objective a. To allow dual occupancy development on sites that can provide a good living environment for occupants and neighbours.

Note: Amendment 8 to this DCP changed the minimum site area for dual occupancy development from 460 sqm to 600 sqm. This amendment does not apply to development applications that were lodged, but not determined, before 1 November 2005.

b.

The minimum site width for dual occupancy development is 15 metres, measured along the entire length of the lot. Irregular shaped sites will be considered on their individual merits. For the purposes of this plan, any parts of an irregular or wedged shaped site with a width of less than 15 metres, measured parallel from the street, will be excluded from the site area and floor space ratio (FSR) calculations.

c. d.

15 m Street

Fig. 1 Common type of wedge shaped lot. The hatched area will be excluded from site area and floor space ratio calculation.

e.

Dual occupancy developments on battleaxe sites (either existing or newly created) will not be permitted.

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5.2

SUBDIVISION Design Requirements a. Each allotment proposed to be created as a result of the subdivision of a dual occupancy development must have: - a minimum area of 300 square metres; - a minimum width (measured along the entire length of the allotment) of 7.5 metres; and - direct frontage to and access from a public road.
Note: Amendment 8 to this DCP changed the minimum lot size for dual occupancy development from 230sqm to 300 sqm. This amendment does not apply to development applications that were lodged, but not determined, before 1 November 2005.

Objective a. To allow the subdivision of dual occupancy developments only where each dwelling has sufficient site area and reasonable access to a public road.

Note: Subdivision proposals must comply with the dual occupancy development approval. The development must be completed before the subdivision plans are released by Council.

b. c.

The strata subdivision of dual occupancy developments is not permitted. The subdivision of any dual occupancy development involving the creation of a battleaxe allotment will not be permitted. The subdivision of dual occupancy development that proposes to create an allotment of land with direct frontage and vehicular access to a laneway will not be permitted.

d.

300 sqm

7.5 m

300 sqm

7.5 m

Fig. 2 Subdivision must comply with minimum lot size and width requirements.

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5.3

FLOOR SPACE RATIO Design Requirement a. The maximum total floor space ratio of dwellings in a dual occupancy development is 0.5:1.

Objectives a. To ensure that dual occupancy developments maintain an appropriate residential character and visual bulk. To allow appropriate sized dwellings for residents.

Note: On irregular shaped sites, the maximum floor space ratio may not be achievable.

b.

5.4

BUILDING HEIGHT Design Requirements a. The maximum height of a detached dual occupancy development, measured to the ceiling of the topmost floor is: - 7.2 metres for the front dwelling; and - 3.6 metres for the rear dwelling.
Note: For the purposes of this section: 1. Height is measured above ground level at any point along the development. 2. Ground level is defined as either natural ground level or any artificially formed ground level, whichever is the lower.

Objectives a. To ensure that the height of the proposed development is compatible with the existing streetscape. To ensure that the rear dwelling is not visually prominent from the street. To avoid overlooking of neighbouring properties.

b.

c.

7.2m

2 Storeys 1 Storey 3.6

Street Fig. 3 Maximum building heights for detached dual

occupancy development.

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b. For an attached dual occupancy, the maximum height is 7.2 metres.

500 mm (See Fig. 5 for details)

Fig. 4 Maximum building height for attached dual occupancy development.

c. For development on corner lots, both dwellings, whether attached or detached, may be permitted to be built to a maximum height of 7.2 metres. d. The finished ground floor level can be no more than 500mm above ground level. This may not apply to situations where basement car parking is proposed to be provided in accordance with Section 5.9(k).

Ground Floor Level 500 mm Ground Level

Fig. 5 The finished ground floor level can be no more than 500mm above ground level.

e. A maximum of 300mm fill can be placed on a site. Any proposal involving the placement of fill will be assessed based on its impacts on privacy, overshadowing and amenity.

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5.5

SETBACKS Design Requirements FRONT a. The minimum front setback should be: - 6 metres for single storey; and - 7.5 metres for two storeys. b. The front setback should take account of specific site circumstances, the impact on adjoining premises, and the streetscape. Unroofed first floor balconies: Note: Departure from this requirement may be permitted for allotments with a width of less than 15.5 metres, where it can be demonstrated that the extent of the departure is very minor and does not adversely impact on the streetscape.

Objectives a. To ensure that the setbacks of the proposed development are compatible with the setbacks in the existing streetscape. To provide adequate separation between buildings to: - minimise overshadowing; - allow adequate solar access; - provide visual and acoustic privacy; and - provide for areas of open space.

b.

c.

must not encroach upon the 6-metre ground floor setback line; and should not occupy more than 50% of the width of the building.

CORNER LOTS a. For the second dwelling on corner allotments, the minimum setback from the secondary street frontage is 3 metres for the ground floor and 4.5 metres for the second storey. b. Any second storey balconies facing the secondary street frontage must not encroach upon the 3-metre setback line mentioned in (a) above, and must not occupy more than 50% of the width of the building elevation facing the street.

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Street
3m 4.5 m

Fig. 6 Setbacks from secondary street frontage for corner allotments.

SIDE a. Buildings should be setback from the side boundary: - 1 metre for single storey; and - 1.2 metres for two storeys. b. There should be a minimum distance of 0.675 metres between the eaves/gutter and the allotment boundary.

REAR a. Buildings should be setback a minimum of 5 metres from the rear boundary. b. Where the property is a corner lot or adjoins a public area or road, a 5 metre rear setback may not be necessary. In such cases, site circumstances including adjoining building lines and building orientation, provision of private open space, potential for overlooking and overshadowing need to be considered.

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5.6

EXTERNAL DESIGN Design Requirements a. The design of new dwellings must be compatible with the existing residential development in terms of the streetscape features, including setbacks, height, bulk and scale, roof pitch, building materials and colours. Materials and external finishes (including colours) should: Generally complement the existing character of the locality. Provide diversity and interest in new development. Minimise the use of high contrasting colour schemes. Use a variety of complementing materials. b. c. The front elevation of dwellings must address the street. The front elevation must not be dominated by garages. (Depending on site circumstances, the size of dwellings may need to be less than 125 square metres to achieve this requirement.) The front elevation should not include external stairs to the second storey. Where an extension to an existing dwelling is proposed, the design should be compatible with the existing dwelling. Upgrading of the existing dwelling may be required. Where an extension to an existing dwelling is proposed, the design should allow the dual occupancy to be easily converted to one dwelling.

Objective a. To ensure that the external appearance of the dual occupancy development is of a high visual quality and enhances the streetscape and surrounding development.

d. e.

f.

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5.7

OPEN SPACE Design Requirements a. The private open space for each dwelling must be provided behind the front building setback requirement. b. The minimum amount of private open space required is: 30 square metres for each small dwelling; 50 square metres for each medium dwelling; and 55 square metres for each large dwelling, or 50% of the floorspace of the dwelling, whichever is the greater. c. The private open space is to be functional in terms of both its dimensions and location. At least 80% of the required private open space must have a dimension of at least 5 metres, measured in any direction. d. Private open space areas are to be directly accessible from the main living areas of the dwellings. e. Open space areas should be located to maximise solar access. f. Open space areas should be designed to minimise overlooking by, and of, adjoining properties.

Objectives a. To provide adequate and useable open space for residents. To ensure that private open space areas relate to the living areas of dwellings.

b.

g. Existing shrubs and trees should be retained and incorporated into the overall landscape design for the site.
Note: Council has a Tree Preservation Order which requires Councils consent to remove or lop certain trees.

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5.8

CAR PARKING Design Requirements a. For each dwelling with 125 square metres floorspace or less, at least 1 car space must be provided. b. For each dwelling with more than 125 square metres floorspace, at least 2 car spaces must be provided. c. All covered car spaces must be located behind the front setback requirement. d. The second car space, if required, may be provided forward of the building line, but only where it is an open, uncovered space. e. Garages and carports must not occupy more than 50% of the width of each dwelling.
Note: Departure from this requirement may be permitted for allotments with a width of less than 15.5 metres, where it can be demonstrated that: The extent of the departure is very minor and does not adversely impact on the streetscape; and Garage structures do not dominate the front faade of the development.

Objectives a. To ensure that resident parking is adequate, convenient, and designed to encourage use. To ensure that car parking is integrated into the design of the dwellings and does not dominate the streetscape. To ensure that parking for each dwelling has independent access.

b.

c.

f.

The residents of each dwelling must have unrestricted vehicle access to their parking areas.

g. Driveways should have a minimum width of 2.7 metres, and should be incorporated into the overall landscape design for the site. h. The area of sealed driveway should be minimised. i. For new developments where driveways adjoin the site boundary, a landscaping strip with a minimum 600mm bed width should be provided. Basement car parking is prohibited.

j.

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k. Notwithstanding (j) above, provision of basement car parking on sloping, corner lots may be permitted where the site characteristics warrant such a design solution, and if the proposal achieves the following performance criteria: The basement parking accommodates a maximum of 2 car spaces per dwelling; Excavated areas are minimised; The slope of the site is utilised so that the visual impact of the garage entry on the streetscape is minimised; and The garage contains a single entry and does not present a three-storey appearance to the street and maintains the existing streetscape character in the immediate locality.

Note: Satisfactory basement parking will only be achieved where the slope of the site is such that the entry to the car parking spaces can be integrated into the design of the building and the landform.

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5.9

PRIVACY Design Requirements a. A privacy plan must be submitted with all proposals, detailing how the privacy objectives are achieved. Windows and balconies must not allow direct and close views into neighbouring properties. The direct overlooking of neighbouring windows and private open space areas should be avoided by: - offsetting windows from existing windows in neighbouring dwellings; - sill heights being a minimum of 1.6 metres above floor level; - the use of translucent glass in windows; - privacy screens, planting and fences to prevent overlooking.

Objectives a. To provide adequate visual and acoustic privacy for residents and their neighbours. To avoid overlooking of living areas and private open space areas.

b. b. c.

Off set windows

Splay

Screening

Fig. 8 Locating windows to limit overlooking.

d.

Dwellings close to high noise sources should be protected by sound insulation measures. In some circumstances, an acoustic report may be required.

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5.10 FRONT FENCES Objectives a. To ensure front fencing is integrated with the streetscape and contributes positively to the street character. b. To ensure front fences are integrated with landscape and dwelling design. Design Requirements a. Solid front fences (or fences on street frontages) forward of the building line must be no higher than 1.2 metres.

b. The height of front fences may be increased to 1.8

metres where the fence has openings that make it at least 50% transparent. Note:
Solid front fences up to 1.8 metres in height may be considered where the site fronts a major road or other sources of undesirable noise.

5.11 DRAINAGE Objectives a. To ensure that stormwater drainage is provided in a safe, convenient, and environmentally responsible manner. To ensure that drainage does not cause damage or nuisance flows to adjoining properties. Design Requirements a. The drainage system is to be designed in accordance with provisions listed in Table 1 below and Councils Stormwater Management Manual Specification 9 A Guide for Stormwater Drainage Design. Methods to control erosion and siltation during construction must be implemented in accordance with the Soil and Water Management Plan. (Refer to Section 2 of this DCP and Councils DA Guide).

b. b.

Table 1 Development Types Dual occupancy development that falls to the street, with an impervious area less than 70% of total site area Design Requirements Drain to the kerb and gutter or directly to Councils stormwater system (such as a pit or pipe in the road). All stormwater runoff must be collected and discharged through a silt arrester pit prior to leaving the site.

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Dual occupancy development that falls to the street, with an impervious area greater than 70% of total site area

Drain to the kerb and gutter or directly to Councils stormwater system (such as a pit or pipe in the road) through an on-site detention system in accordance with Section 5 of the Stormwater Management Manual Specification 9 A Guide for Stormwater Drainage Design. Applicants are to investigate all possible alternative solutions for drainage of the site by gravity and provide details of those investigations. Where an easement over a downstream property is the only possible gravity solution, applicants are to make genuine attempts to negotiate an easement over all possible downstream properties to drain the site. In this regard, a genuine attempt must include an offer of compensation. Evidence of genuine attempts to negotiate and obtain an easement must be submitted with a development application. In the event that the applicant cannot obtain an easement, and all possible drainage solutions have been exhausted, Council, at its discretion, may approve a pump-out system. Refer to Clause 8 of Specification 9 A Guide for Stormwater Drainage Design for specific details.

Dual occupancy development that falls to the rear

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6.

SECTION 94 CONTRIBUTIONS

Council requires that contributions be paid to meet the increase in demand for public amenities and services as the result of the development. The contributions are levied under Section 94 of the Environmental Planning and Assessment Act, 1979, and must be paid to Council prior to the release of the Construction Certificate. Please refer to Councils Section 94 Contributions Plan for specific details on the fees payable. No contribution is payable where the development involves a small dwelling.

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7.

CALCULATION SHEET

To be submitted with dual occupancy development application Required Site Area - Minimum site area - Minimum site width Subdivision - Minimum lot size - Minimum width Floor Space Ratio Building Height - Front dwelling - Rear dwelling (detached) - Maximum height of ground floor level above ground level - Maximum fill Setbacks Front - Single storey - Two storeys Secondary street frontage (corner site) - Ground level - Second storey Side - Single storey - Two storeys - Distance between eaves/gutters and lot boundary Rear Open Space Small dwelling Medium dwelling Large dwelling 30 sqm 50 sqm greater of 55 sqm or 50% of floorspace 80%
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Proposed

600 sqm 15 metres

............ ............

300 sqm 7.5 metres 0.5:1 7.2 metres 3.6 metres 500mm 300mm

............ ............ ............ ............ ............ . .

6 metres 7.5 metres 3 metres 4.5 metres

............ ............ . .

1 metre 1.2 metres 0.675 metres 5 metres

............ ............ . ............

. . . ............%

Minimum dimension 5 x 5 metres

Annexure 1: History of Amendments

This DCP was adopted by Council on 10 December 1992 and came into force on 22 December 1992. In the table below is outlined a history of amendments with a brief description of the main changes.

Amendment Description No
1 Amended to enable levying of developer contributions on all dual occupancy development New subdivision requirements and new minimum rear setback Comprehensive review Replacement of energy efficiency and solar access requirements Minor administrative and interpretative changes Minor changes relating to setbacks, building height, prohibiting basement garage and garage widths Performance criteria added relating to external materials, finishes, colours, and including BASIX requirements. Minimum site area for dual occupancy has been increased to 600sqm (regardless of whether attached or detached) Removed all references and controls relating to granny flats.

Date of adoption
23/12/93

Date came into force

5/1/94

26/10/95

8/11/95

3 4

12/2/98 24/8/00

26/2/98 4/9/00

24/1/02

1/3/02

10/6/04

25/6/04

14/10/04

28/10/04

14/7/05

1/11/05

15/10/09

5/3/10

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SEPP (AFFORDABLE RENTAL HOUSING) 2009 FOR SECONDARY DWELLINGS/GRANNY FLAT DEVELOPMENT

Division 2 relating to secondary dwellings Schedule 1 Development standards for secondary dwellings

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Division 2 Secondary dwellings

19 Definition In this Division: development for the purposes of a secondary dwelling includes the following: (a) the erection of, or alterations or additions to, a secondary dwelling, (b) alterations or additions to a principal dwelling for the purposes of a secondary dwelling.
Note. The standard instrument defines secondary dwelling as follows: secondary dwelling means a self-contained dwelling that: (a) (b) (c) is established in conjunction with another dwelling (the principal dwelling), and is on the same lot of land (not being an individual lot in a strata plan or community title scheme) as the principal dwelling, and is located within, or is attached to, or is separate from, the principal dwelling.

20

Land to which Division applies This Division applies to land within any of the following land use zones or within a land use zone that is equivalent to any of those zones, but only if development for the purposes of a dwelling house is permissible on the land: (a) Zone R1 General Residential, (b) Zone R2 Low Density Residential, (c) Zone R3 Medium Density Residential,

(d) Zone R4 High Density Residential, (e) Zone R5 Large Lot Residential. 21 Development to which Division applies This Division applies to development, on land to which this Division applies, for the purposes of a secondary dwelling. 22 Development may be carried out with consent (1) Development to which this Division applies may be carried out with consent. (2) A consent authority must not consent to development to which this Division applies if there is on the land, or if the development would result in there being on the land, any dwelling other than the principal dwelling and the secondary dwelling.
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(3) A consent authority must not consent to development to which this Division applies unless: (a) the total floor area of the principal dwelling and the secondary dwelling is no more than the maximum floor area allowed for a dwelling house on the land under another environmental planning instrument, and the total floor area of the secondary dwelling is no 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, that greater floor area.

(b)

(4) A consent authority must not refuse consent to development to which this Division applies on either of the following grounds: (a) site area if: (i) (ii) (b) the secondary dwelling is located within, or is attached to, the principal dwelling, or the site area is at least 450 square metres,

parking if no additional parking is to be provided on the site.

(5) A consent authority may consent to development to which this Division applies whether or not the development complies with the standards set out in subclause (4). 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)
General requirements

meets the general requirements for complying development set out in clause 1.18 (1) and (2) of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, and (b)
Land-based requirements

is on a lot that does not include any land referred to in clause 1.19 of that Policy, and (c)
Specified development

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) (e) is on a lot that has an area of at least 450 square metres, and does not involve the erection of a basement or alterations or addition to an existing basement, and
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(f) (g)

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
Development standards

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) (b)
General requirements

meets the relevant provisions of the Building Code of Australia, and

Land-based requirements

is on a lot that does not include any: (i) land that is an environmentally sensitive area within the meaning of clause 1.19 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, or land that comprises, or on which there is, a heritage item or a draft heritage item within the meaning of that Policy, and

(ii) (c)

Specified development

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) (e) (f) (g) involves no external alterations to the principal dwelling other than the provision of an additional entrance, and does not involve the erection of a basement or alterations or addition to an existing basement, and 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
Development standards

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) (b) the building of the secondary dwelling can be carried out as complying development under this Division, and the building of the principal dwelling and any ancillary development can be
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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 Division 3 of Part 3 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 except that the reference in clause 3.44 (1) of 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.

24

No subdivision A consent authority must not consent to a development application that would result in any subdivision of a lot on which development for the purposes of a secondary dwelling has been carried out under this Division.

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Schedule 1 Development standards for secondary dwellings

(Clause 23 (1) (g))

Part 1 Preliminary
1 Definitions (1) In this Schedule: ancillary development means any of the following that are not exempt development under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) an access ramp, an awning, blind or canopy, a balcony, deck, patio, pergola, terrace or verandah that is attached to a principal or secondary dwelling, a carport that is attached to a principal or secondary dwelling, a driveway, pathway or paving, a fence or screen, a garage that is attached to a principal or secondary dwelling, an outbuilding, a rainwater tank that is attached to a principal or secondary dwelling, a retaining wall, a swimming pool or spa pool and child-resistant barrier.

outbuilding means any of the following that are detached from a principal or secondary dwelling: (a) (b) (c) (d) (e) a balcony, deck, patio, pergola, terrace or verandah, a cabana, cubby house, fernery, shed, gazebo or greenhouse, a carport or garage, a rainwater tank (above ground), a shade structure.

(2) A word or expression used in this Schedule has the same meaning as it has in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 unless it is otherwise defined in this Schedule. (3) In calculating the area of a lot for the purposes of this Schedule, the area of the access laneway is excluded if it is a battle-axe lot.

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Part 2 Site requirements

2 Lot requirements (1) Development for the purposes of a secondary dwelling may only be carried out on a lot that: (a) (b) at the completion of the development will have only one principal dwelling and one secondary dwelling, and if it is not a battle-axe lot, has a boundary with a primary road, measured at the building line, of at least the following: (i) (ii) (iii) (c) 12 metres, if the lot has an area of at least 450 square metres but less than 900 square metres, 15 metres, if the lot has an area of more than 900 square metres but less than 1500 square metres, 18 metres, if the lot has an area of at least 1500 square metres, and

if it is a battle-axe lot, has an access laneway of at least 3 metres in width and measuring at least 12 metres by 12 metres, excluding the access laneway.

(2) A lot on which a new secondary dwelling is erected must have lawful access to a public road. 3 Maximum site coverage of all development (1) The site coverage of the principal dwelling, secondary dwelling and all ancillary development on a lot must not be more than the following: (a) (b) (c) 50 per cent of the area of the lot, if the lot has an area of at least 450 square metres but less than 900 square metres, 40 per cent of the area of the lot, if the lot has an area of at least 900 square metres but less than 1500 square metres, 30 per cent of the area of the lot, if the lot has an area of at least 1500 square metres.

(2) For the purpose of calculating the site coverage in subclause (1), the area of any of the following is not included: (a) (b) (c) an access ramp, that part of an awning, blind or canopy that is outside the outer wall of a building, a balcony, deck, patio, pergola, terrace or verandah attached to the principal or secondary dwelling that is not enclosed by a wall higher than 1.4 metres above the floor level, an eave,
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(d)

(e) (f) (g) (h) (i) (j) 4

a driveway, a farm building, a fence or screen, a pathway or paving, a rainwater tank that is attached to the principal or secondary dwelling, a swimming pool or spa pool.

Maximum floor area for principal and secondary dwelling (1) The floor area of a secondary dwelling must not be 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, that greater floor area. (2) The floor area of a principal dwelling, secondary dwelling and any carport, garage, balcony, deck, patio, pergola, terrace or verandah attached to either dwelling and enclosed by a wall (other than the external wall of a dwelling) higher than 1.4 metres above the floor level on a lot must not be more than the following: (a) (b) (c) 330 square metres, if the lot has an area of at least 450 square metres but less than 600 square metres, 380 square metres, if the lot has an area of at least 600 square metres but less than 900 square metres, 430 square metres, if the lot has an area of at least 900 square metres.

(3) For the purpose of calculating the floor area in subclause (2): floor area means the sum of the areas of each storey of each dwelling and each carport, garage, balcony, deck, patio, pergola, terrace or verandah, measured at a height of 1.4 metres above each floor level, where the area is taken to be the area within the outer face of: (a) (b) the external walls of the dwelling, and the walls of the carport, garage, balcony, deck, patio, pergola, terrace or verandah, any part of an awning, blind or canopy that is outside the outer wall of a building, an eave, a lift shaft, a stairway, a void above a lower storey.

but excluding any of the following: (c) (d) (e) (f) (g)

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Maximum floor area for balconies, decks, patios, pergolas, terraces and verandahs (1) The maximum floor area of a balcony, deck, patio, pergola, terrace or verandah attached to a principal dwelling or secondary dwelling with a floor level of more than 3 metres above ground level (existing) is 12 square metres. (2) For the purpose of calculating the floor area in subclause (1): floor area means the area of the balcony, deck, patio, pergola, terrace or verandah, measured at the floor level, where the area is taken to be the area within the outer face of: (a) (b) the external walls, if the balcony, deck, patio, pergola, terrace or verandah is enclosed, or the balustrade or other safety barrier if the balcony, deck, patio, pergola, terrace or verandah, is not enclosed.

Part 3 Building heights and setbacks

6 Building height Development for the purposes of a secondary dwelling must not result in a new building or a new part of an existing building having a building height above ground level (existing) of more than 8.5 metres. 7 Setbacks from roads, other than classified roads (1) Development for the purposes of a secondary dwelling must not result in a new building or a new part of an existing building having a setback from the boundary with a primary road that is not a classified road of less than: (a) the average distance of the setbacks of the nearest 2 dwelling houses having a boundary with the same primary road and located within 40 metres of the lot on which the principal dwelling is erected, or in any case where 2 dwelling houses are not located within 40 metres of the lot: (i) (ii) (iii) 4.5 metres, if the lot has an area of at least 450 square metres but less than 900 square metres, or 6.5 metres, if the lot has an area of at least 900 square metres but less than 1500 square metres, or 10 metres, if the lot has an area of at least 1500 square metres.

(b)

(2) Development for the purposes of a secondary dwelling must not result in a new building or a new part of an existing building having a setback from a boundary with a secondary road that is not a classified road of less than: (a) (b) 2 metres, if the lot has an area of at least 450 square metres but less than 600 square metres, or 3 metres, if the lot has an area of at least 600 square metres but less than
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1500 square metres, or (c) 5 metres, if the lot has an area of at least 1500 square metres. (3) Development for the purposes of a secondary dwelling must not result in a new building or a new part of an existing building having a setback from a boundary with a parallel road that is not a classified road of less than: (a) the average distance of the setbacks of the nearest 2 dwelling houses having a boundary with the same parallel road and located within 40 metres of the lot on which the principal dwelling is erected, or in any case where 2 dwelling houses are not located within 40 metres of the lot: (i) (ii) (iii) 8 4.5 metres, if the lot has an area of at least 450 square metres but less than 900 square metres, or 6.5 metres, if the lot has an area of at least 900 square metres but less than 1500 square metres, or 10 metres, if the lot has an area of at least 1500 square metres.

(b)

Setbacks from classified roads Development for the purposes of a secondary dwelling must not result in a new building or a new part of an existing building having a setback from a boundary with a classified road of less than: (a) if another environmental planning instrument applying to the lot establishes a setback for a dwelling house having a boundary with a classified road, that distance, or (b) 9 metres in any other case.

Setbacks from side boundaries (1) Development for the purposes of a secondary dwelling must not result in a new building or a new part of an existing building or any new carport, garage, balcony, deck, patio, pergola, terrace or verandah that is attached to such a building having a setback from a side boundary of less than the following: (a) (b) (c) 0.9 metres, if the lot has an area of at least 450 square metres but less than 900 square metres, 1.5 metres, if the lot has an area of at least 900 square metres but less than 1500 square metres, 2.5 metres, if the lot has an area of at least 1500 square metres.

(2) Development for the purposes of a secondary dwelling that involves the construction of a new building or additions to an existing building where the new or existing building will, at the end of the development, have a building height at any part of more than 3.8 metres must not result in the new building or any new part of the existing building or any new carport, garage, balcony, deck, patio, pergola, terrace or verandah that is attached to such a building, having a setback from a side boundary of less than the sum of:
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(a) (b) 10

the amount of the setback specified for the relevant sized lot in subclause (1), and an amount that is equal to one-quarter of the additional building height above 3.8 metres.

Setbacks from rear boundaries (1) Development for the purposes of a secondary dwelling must not result in a new building or a new part of an existing building or any new carport, garage, balcony, deck, patio, pergola, terrace or verandah that is attached to such a building having a setback from a rear boundary of less than the following: (a) (b) (c) 3 metres, if the lot has an area of at least 450 square metres but less than 900 square metres, 5 metres, if the lot has an area of at least 900 square metres but less than 1500 square metres, 10 metres, if the lot has an area of at least 1500 square metres.

(2) Development for the purposes of a secondary dwelling that involves the construction of a new building or additions to an existing building where the new or existing building will, at the end of the development, have a building height at any part of more than 3.8 metres must not result in the new building or any new part of the existing building or any new carport, garage, balcony, deck, patio, pergola, terrace or verandah that is attached to such a building, having a setback from a rear boundary of less than the sum of: (a) 3 metres, plus an amount that is equal to three times the additional building height above 3.8 metres, up to a maximum setback of 8 metres, if the lot has an area of at least 450 square metres but less than 900 square metres, or 5 metres, plus an amount that is equal to three times the additional building height above 3.8 metres, up to a maximum setback of 12 metres, if the lot has an area of at least 900 square metres but less than 1500 square metres, or 10 metres, plus an amount that is equal to three times the additional building height above 3.8 metres, up to a maximum of 15 metres, if the lot has an area of at least 1500 square metres.

(b)

(c)

(3) Despite subclauses (1) and (2), a dwelling on a lot that has a rear boundary with a laneway may have a building line that abuts that boundary for up to 50 per cent of the length of that boundary. 11 Exceptions to side and rear setbacks Despite any other clause in this Part: (a) development for the purposes of a secondary dwelling must not result in a new building or a new part of an existing building having a setback of less than 3 metres from a boundary with a public reserve, and (b) side and rear setbacks from the boundary with a road do not apply to allowable encroachments permitted under clause 3.7.1.7 of Volume Two of the Building Code of Australia or any eave or roof overhang that has a horizontal width of not more than
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0.45 metres.
Note. The allowable encroachments permitted under clause 3.7.1.7 of Volume Two of the Building Code of Australia include fascias, gutters, downpipes, rainwater tanks, chimneys, flues, domestic fuel tanks, cooling or heating appliances, light fittings, electricity and gas meters, aerials, antennae, pergolas, sun blinds, unroofed terraces, landings, steps and certain ramps.

12

Calculating setbacks (1) For the purpose of calculating the setback of an existing dwelling, the location of any of the following is not included: (a) (b) any part of an existing garage or carport that is located between the building line of the dwelling and a boundary with the primary road, any existing building element of a dwelling that is located within the articulation zone.

(2) For the purpose of calculating the setbacks of the nearest 2 dwelling houses, those dwelling houses must be on the same side of the road as the lot. (3) For the purpose of calculating a side or rear setback, the maximum building height of a dwelling on a sloping lot is to be used. (4) A setback is to be calculated at the closest point to the boundary from the building line. 13 Articulation zone (1) Development for the purposes of a secondary dwelling (other than development on a battle-axe lot) must not result in neither the principal dwelling nor the secondary dwelling having a front door and a window to a habitable room in the building wall that faces a primary road. (2) Development for the purposes of a secondary dwelling (other than development on a battle-axe lot) must not result in neither the principal dwelling nor the secondary dwelling having a window to a habitable room in the building wall that faces a parallel road. (3) Development for the purposes of a secondary dwelling may incorporate an articulation zone from the secondary dwelling to a primary road, unless the secondary dwelling has a setback from the primary road of less than 3 metres. 14 Building elements within the articulation zone (1) The following building elements are permitted in an articulation zone: (a) (b) (c) (d) (e) an entry feature or portico, a balcony, deck, patio, pergola, terrace or verandah, a window box treatment, a bay window or similar feature, an awning or other feature over a window,
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(f)

a sun shading feature.

(2) A building element must not extend above the eave gutter line, other than a pitched roof to an entry feature or portico that has the same pitch as the roof on the building. (3) The maximum area of all building elements within the articulation zone, other than a building element listed in subclause (1) (e) or (f), must not be more than 25 per cent of the area of the articulation zone, measured through the horizontal plane of the elements. 15 Privacy (1) Development for the purposes of a secondary dwelling must not result in a new window in the principal or secondary dwelling without a privacy screen if: (a) (b) (c) it is a window in a habitable room, other than a bedroom, that has a floor level of more than 1 metre above ground level (existing), and the wall in which the window is located has a setback of less than 3 metres from a side or rear boundary, and the window has a sill height of less than 1.5 metres.

(2) Development for the purposes of a secondary dwelling must not result in a new or altered balcony, deck, patio, pergola, terrace or verandah without a privacy screen if it: (a) (b) (c) has a setback of less than 3 metres from a side or rear boundary, and has a floor area more than 3 square metres, and has a floor level more than 1 metre above ground level (existing).

(3) Development for the purposes of a secondary dwelling must not result in a new or altered detached deck, patio, pergola or terrace having a floor level that is more than 0.6 metres above ground level (existing). (4) In this clause alter includes making additions to. privacy screen means a screen that: (a) (b) (c) (d) faces the boundary identified in subclause (2) (a), and is 1.5 metres high, measured from the floor level, and has no individual opening more than 30 millimetres wide, and has a total of all openings less than 30 per cent of the surface area of the screen.

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Part 4 Landscaping
16 Landscaped area (1) A lot on which development for the purposes of a secondary dwelling is carried out must have a landscaped area of at least the following: (a) (b) (c) (d) 20 per cent, if the lot has an area of at least 450 square metres but less than 600 square metres, 25 per cent, if the lot has an area of at least 600 square metres but less than 900 square metres, 35 per cent, if the lot has an area of at least 900 square metres but less than 1500 square metres, 45 per cent, if the lot has an area of at least 1500 square metres.

(2) At least 50 per cent of the landscaped area must be located behind the building line to the primary road boundary. (3) The landscaped area must be at least 2.5 metres wide. 17 Principal private open space (1) A lot on which development for the purposes of a secondary dwelling is carried out must have at least 24 square metres of principal private open space. (2) In this clause, principal private open space means: (a) (b) (c) an area that is directly accessible from, and adjacent to, a habitable room, other than a bedroom, and is at least 4 metres wide, and is not steeper than 1:50 gradient.

Note. There is no requirement that additional parking spaces be provided in respect of development for the purposes of a secondary dwelling.

Part 5 Earthworks and drainage

18 Excavation of sloping sites (1) Excavation associated with development for the purposes of a secondary dwelling must: (a) (b) be not more than 1 metre below ground level (existing), and be constructed using a retaining wall or unprotected embankment that meets the standards of subclause (2) or (3), respectively.

(2) A retaining wall must not extend more than 1 metre horizontally beyond the external wall of the principal or secondary dwelling. (3) An unprotected embankment must not extend more than 1 metre horizontally beyond the external wall of the principal or secondary dwelling.

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19

Fill of sloping sites (1) Fill associated with development for the purposes of a secondary dwelling must be contained wholly within the external walls of the principal or secondary dwelling. (2) Despite subclause (1), exposed fill may be constructed using an unprotected embankment if the principal or secondary dwelling has a setback of more than 2 metres from a side or rear boundary, if: (a) (b) (c) the fill is not more than 0.6 metres above ground level (existing), and the fill (but not the embankment) does not extend more than 1 metre beyond an external wall of the dwelling, and the toe of the unprotected embankment has a setback of at least 0.4 metres from a side or rear boundary.

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Run-off and erosion controls Run-off and erosion controls must be implemented 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 to prevent debris escaping into drainage systems and waterways, and (c) preventing tracking of sediment by vehicles onto roads, and (d) stockpiling top soil, excavated materials, construction and landscaping supplies and debris within the lot.

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Drainage (1) All stormwater collecting as a result of development for the purposes of a secondary dwelling must be conveyed by a gravity fed or charged system to: (a) (b) (c) a public drainage system, or an inter-allotment drainage system, or an on-site disposal system.

(2) All stormwater drainage systems within a lot and the connection to a public or an inter-allotment drainage system must: (a) (b) if an approval is required under section 68 of the Local Government Act 1993, be approved under that Act, or if an approval is not required under section 68 of the Local Government Act 1993, comply with any requirements for the disposal of stormwater drainage contained in a development control plan that is applicable to the land.

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