Sch 5Exclusions from definition of development—State heritage areas

Schedule 5—Exclusions from definition of development—State heritage areas An act or activity specified in this Schedule is declared not to constitute development for the purposes of the Act, subject to the limitations set out in regulation 3D. 1—Advertising displays The commencement of an advertising display containing an advertisement— (a) that is a traffic control device displayed and erected under the Road Traffic Act 1961; or (b) that is displayed by reason of a statutory obligation on the Crown, a Minister of the Crown, an agency or instrumentality of the Crown, the council, or a person requiring such display; or (c) that is on enclosed land or within a building and is not readily visible from land outside the enclosure or the building; or (d) that is displayed for the purposes of identification, direction, warning or other information in relation to a detached, semi‑detached, row or multiple dwelling or residential flat building, subject to the following conditions: (i) that the advertisement area is not more than 0.1 m2; (iii) that not more than 2 such advertisements are displayed in relation to the same building; or (e) that is displayed on a building or a building in separate occupation (other than the side or rear walls of the building) used primarily for retail, commercial, office or business purposes, subject to the following conditions: (i) that the advertisement is not displayed or erected above any verandah or the fascia of a verandah or, in a case where there is no verandah, that no part of the advertisement is more than 3.7 m above ground level; (f) that announces a local event of a religious, educational, cultural, social or recreational character, or that relates to an event of a political character, subject to the following conditions: (i) that the total advertisement area of all advertisements of that kind displayed on 1 building or site is not more than 2 m2; (ii) except for an advertisement that relates to a federal, State or local government election, that the advertisement is displayed for a period not exceeding 1 month prior to the event and 1 week after the conclusion of the event; (iii) that the advertising display— (g) that is on land on which building work is being lawfully undertaken, subject to the following conditions: (i) that the information in the advertisement refers to the work being undertaken; (iii) that the advertisement area is not more than 3 m2; or (h) that constitutes a moveable sign within the meaning of the Local Government Act 1999 and is placed on a public street, road or footpath within an area of the council under that Act; or (i) that is a real estate "for sale" or "for lease" sign, subject to the following conditions: (i) that the sign is situated on the land which is for sale or for lease; (ii) that the sign— (iii) that the sign is not more than 4 m2 in advertisement area; (iv) that the sign is removed within 2 weeks after the completion of the sale or the entering into of the lease. 2—Council works (1) The placement, replacement, installation, construction, reconstruction, alteration, repair or maintenance by the council of playground equipment on or in a recreation area. (2) The repair or maintenance by the council of an item of street furniture (including directional signs, seating or rubbish bins), other than lighting infrastructure or a weather shelter. (3) The replacement, construction, reconstruction, alteration, repair or maintenance by the council of a road, drain or pipe that does not materially affect the heritage value of the place. 3—Retirement units The conferral of a right to occupy a residential unit under the Retirement Villages Act 2016. 4—Sundry minor operations (1) The construction, reconstruction, repair or alteration of, or addition to, any of the following (including any incidental excavation or filling): (a) an outbuilding in which human activity is secondary, and which— (i) is behind a building or screened from view from a public road by a building; and (ii) is detached from and ancillary to a building erected on the site, or for which consent has been granted by the relevant authority; and (iii) has a total floor area not exceeding 10 m2, no roof span (being the horizontal distance between supporting walls, posts or columns of the outbuilding) exceeding 3 m, and no part higher than 2.5 m above the natural surface of the ground; and (iv) is not being constructed, added to or altered so that any portion of the building is nearer to an existing boundary of a road than any distance that may be prescribed in respect of set‑backs by the Planning and Design Code for the road (or a portion of the road); (b) a television aerial or antenna that is attached to the rear side of a chimney and not more than 1 m in height above the topmost point of the chimney; (c) a swimming pool or spa pool (other than in a designated flood zone, subzone or overlay or in any other zone, subzone or overlay identified under the Planning and Design Code for the purposes of this paragraph) which is constructed in association with a dwelling and intended primarily for use by the occupants of that dwelling, and which— (i) does not have a depth exceeding 300 mm; and (ii) is not within 10 m of a boundary of a road on to which the relevant dwelling faces, and not within 3 m of any other boundary of the relevant allotment; and (iii) does not have a finished height, and would not have any associated structure (other than a fence with a finished height), exceeding 1.5 m (measured from ground level); and (iv) in the case of an aboveground or inflatable swimming pool or spa pool, does not incorporate a filtration system; (f) a fence not exceeding 2 m in height (measured (if relevant) from the lower of the 2 adjoining finished ground levels), other than— (i) a fence situated on the boundary of the relevant allotment with a road (other than a laneway); or (A) if there is no adjacent building facing the same road on to which the building faces—a fence situated between the building line of the main face of a building and the road on to which the building faces; or (B) if there is an adjacent building facing the same road on to which the building faces—a fence situated between a notional line drawn between the nearest front corner of each building to the other building and the road on to which the buildings face, (and for the purposes of this subparagraph buildings separated only by a laneway will still be taken to be adjacent); or (iii) — (A) a masonry fence; or (B) a fence any part of which is formed from masonry (including, for example, a fence that includes masonry piers or columns), that exceeds (or would exceed) 1 m in height (measured (if relevant) from the lower of the 2 adjoining finished ground levels); or (iv) a fence that is (or is to be) a safety fence for a swimming pool approved for construction, or requires approval for construction, on or after 1 July 1993; or (v) a brush fence that is (or is to be) closer than 3 m to an existing or proposed Class 1 or 2 building under the Building Code, with the distance to be measured from any part of the brush fence and from any part of an external wall of the building (being an external wall within the meaning of the Building Code) and with this subparagraph not extending to a repair of an existing brush fence that does not enlarge or extend the brush fence; (g) a retaining wall that retains a difference in ground levels not exceeding 1 m; (h) a water tank (and any supporting structure) that— (i) is part of a roof‑drainage system for a building; and (ii) has a total floor area not exceeding 6 m2; and (iii) has no part higher than the eaves on the nearest part of the building; and (iv) is situated behind or to the side of the building; (i) a temporary builder's office, shed, store or other similar building that— (i) is used for the purpose of storing materials or documents, providing amenities for workers, or for any other purpose connected with the performance of building work, other than to provide overnight accommodation; and (ii) is to be removed at the completion of the relevant building work; and (iii) is positioned on the ground and totally within the site of the building work. (2) The repair, maintenance or internal alteration of a building that— (a) does not involve demolition of any part of the building (other than the removal of fixtures, fittings or non load‑bearing partitions); and (b) will not adversely affect the structural soundness of the building or the health or safety of any person occupying or using it; and (c) is not inconsistent with any other provision of this Schedule. (3) The installation or alteration of a building, or the making of any excavation or filling, necessary for or incidental to the installation of any electrical, gas, water or sewage and sullage service (including appliances and fittings), the installation of which requires the approval of an authority other than a council, and which does not affect the ability of the building in which it is installed to resist the spread of fire. (4) The construction, reconstruction, repair or alteration of a pergola associated with an existing dwelling (whether attached to the building or freestanding)— (a) that does not have a roof; and (b) where each freestanding side of which is open; and (c) where no part of which is higher than 4 m above the ground; and (d) that is not being constructed or altered so that any portion of the pergola is nearer to an existing boundary of a road than any distance that may be prescribed in respect of set‑backs in the Planning and Design Code for the road (or that portion of the road); and (e) that is not situated in front of the dwelling. (5) The installation of, or an alteration of or addition to, a building that is necessary for or incidental to the installation of— (a) an individual air handling unit mounted on a wall, window or floor; or (b) a ceiling or roof fan or fan coil section of air conditioning systems not exceeding 100 kg and installed within the ceiling space; or (c) an exhaust fan, where the item being installed— (d) is to be installed at the back of the building, or on the side of the building but at least 6 m back from the front wall of the building; and (e) does not encroach on a public street or affect the ability of the place to resist the spread of fire. (6) The construction of a temporary building by, or with the authorisation of, the council where the building— (a) does not remain on the site for more than 30 days; and (b) is erected for the use of the council, or for some other public or community purpose approved by the council; and (c) does not carry any advertising material (other than material incidental to the purpose for which the building is erected). (7) Any work undertaken solely for the purposes of— (a) fitting a smoke alarm in accordance with the requirements under regulation 95; or (b) installing a skylight; or (c) replacing roofing materials, guttering or down‑pipes with the same or similar materials or items; or (d) replacing windows where the kind of materials, style and dimensions are not changing; or (e) connecting a building or structure to the National Broadband Network (including the installation of fixed-line telecommunications facilities). (8) In this clause— (b) any other form of dried vegetation material that has similar fire characteristics to brush; masonry means stone, brick, terracotta or concrete block or other similar building unit or material, or a combination of such materials; swimming pool includes a paddling pool. 5—Use of land and buildings The use of land and the use of any lawfully‑erected building that is ordinarily regarded as (and is in fact) reasonably incidental to any particular use of the land and the building, or the land or the building, and that is for the substantial benefit of the person or persons who, in any capacity, are making use of the land and the building, or the land or the building, including, without limiting the generality of the foregoing, the following uses of land and buildings: (a) the carrying on of a home activity; (b) the use of any land or building for the supply, conversion, transformation or control of electricity by 1 or more transformers or by any switchgear or other equipment used wholly or partly for supplying electricity to any part of such land or building; (c) the keeping of animals, birds, or other livestock (other than horses, sheep, alpacas, cattle, pigs, goats, donkeys and wild animals) solely for the domestic needs or enjoyment of the occupants of a residence (and land appurtenant to a residence); (d) the parking of any vehicle not exceeding 3 000 kg in weight (including the weight of any attached trailer) on land used for residential purposes. 6—Painting Painting of a building, other than painting that involves painting a previously unpainted brick or stone exterior surface of an existing building.