Thursday, 19 May 2011

Development without approval ?

from http://housingcode.planning.nsw.gov.au/

Did you know there are 50 different home improvements you can build without approval?

Did you know there are 50 different home improvements you can build without approval?
 
This type of development must be done in accordance with the development standards. These are listed under each of the links. If you cannot satisfy all of these standards it is no longer exempt development and you may need to apply for development consent through your local council.

In addition to the development standards there are also a list of General Exclusions which may apply to your property.  Please look over these exclusions and discuss them with your local council prior to carrying out any works.




Balconies, decks, patios, pergolas, terraces and verandahs
You don’t need permission from council for balconies, decks, patios, terraces or verandahs (whether free standing or attached to the ground floor level of a building, or roofed or unroofed) if:
  • It is for domestic purposes only
Size
  • Each one is no larger than 25sqm
  • All similar structures on the property do not;
  • for a lot larger than 300sqm – exceed 15% of the ground floor area of the house on the lot
  • for a lot 300sqm or less – exceed 25sqm
  • If it has an enclosing wall – the wall less than 1.4m tall
  • It has a floor which is no more than 1m above the ground level
  • If it is to have a roof;
  • if the roof is attached to the house – the height of the roof must not extend above the roof gutter line of the house
  • if the roof it not attached to the house – the height of the structure should be no more than 3m above the ground
Location
  • It is behind the building line of any road frontage
  • It is at least 900mm from any boundary
  • If the property is in a heritage conservation area or draft heritage conservation area - be located behind the building line of any road frontage.
Other
  • If there are any metal parts of the structure they must be low reflective, factory pre-coloured materials
  • If the structure is to be attached to the fascia of a building it must be connected in accordance with a professional engineers’ specification
  • The disposal of any roof water must dispose in to an existing stormwater drainage system
  • It must not interfere with the functioning of existing drainage fixtures or flow paths
  • If your property is in bushfire prone land and the structure is going to be located less than 5m from your house or a neighbors house it must be of non-combustible materials
You do need permission for balconies, decks, patios, terraces or verandas (whether free standing or attached to the ground floor level of a building, or roofed or unroofed) if:
  • You do not meet all of the above requirement
  • Your property is a listed heritage item or draft heritage item
  • Your property is located in a foreshore area
Further information:
  • Your local council can be contacted for further advice
  • You can find out whether your property is a listed heritage item, draft heritage item or located within a heritage conservation area or draft heritage conservation area by contacting your local council
  • You can find out whether your property is located on bushfire prone land by contacting your local council
  • Please note that there is a separate entry for shade structures


Internal Renovations
External Renovations
Minor Development Around the Home
Other
  • Automatic teller machines
  • Air-conditioning units - non-residential
  • Bollards
  • Change of use of premises
  • Demolition
  • Emergency work and temporary repairs
  • Evaporative cooling units (roof mounted)
  • Home business, home industry and home occupations
  • Home based child care
  • Replacement of identification signage
  • Scaffolding, hoarding and temporary construction property fences
  • Subdivision
  • Temporary builders’ structures


    AND GENERAL EXCLUSIONS
    If your land fits within any of the following areas you can not carry out Exempt Development. You will need to contact your local council for further advice.

    General Exclusions – Exempt Development Code
    Clause
    Land
    1.4
    -           State Environmental Planning Policy (Kosciuszko National Park – Alpine Resorts) 2007
    -           State Environmental Planning Policy (Western Sydney Parklands) 2009
    -           land within 18km of the land owned by the Australian National University at Siding Spring

    1.15
    -           land within a wilderness area identified under the Wilderness Act 1987

    1.16
    -           must not be carried out on land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977
    -           development that is designated development

    1.19
    -           land that is an environmentally sensitive area
    -           the coastal waters of the State
    -           a coastal lake
    -           land to which State Environmental Planning Policy No 14 – Coastal Wetlands or State Environmental Planning Policy No 26 – Littoral Rainforests applies and land within 100m, land reserved as an aquatic reserve under the Fisheries Management Act 1994 or as a marine park under the Marine Parks Act 1997 and land within 100m
    -           land within a wetland of international significance declared under the Ramsar Convention on Wetlands or within a World heritage area declared under the World Heritage Convention and land within 100m
    -           land identified in this or any other environmental planning instrument as being of high Aboriginal cultural significance or high biodiversity significance, land reserved under the National Parks and Wildlife Act 1974 or land to which Part 11 of that Act applies
    -           land reserved or dedicated under the Crown Lands Act 1989 for the preservation of flora, fauna, geological formations or for other environmental protection purposes, land identified as being critical habitat under the Threatened Species Conservation Act 1995  or Part 7A of the Fisheries Management Act 1994
    -           land that comprises, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977
    -           land listed in Schedule 4 of the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008