54Development for purposes of secondary dwellings that is complying development

#### 54 Development for purposes of secondary dwellings that is complying development 54 Development for purposes of secondary dwellings that is complying development > > (1) This Division applies to development for the purposes of a secondary dwelling that— > > > > > (a) is on land in a residential zone other than Zone R5 Large Lot Residential, and > > > > > (b) does not involve the erection of, or alterations or additions to, a basement, and > > > > > (c) does not involve the erection of, or alterations or additions to, a roof terrace on the topmost roof of a building. > > > (2) If development to which this Division applies relates to a secondary dwelling attached to or separate from the principal dwelling, the development is complying development if the development— > > > > > (a) meets the general requirements for complying development set out in the Codes SEPP, clauses 1.17A and 1.18(1) and (2), and > > > > > (b) is not on land referred to in the Codes SEPP, clause 1.19(1), and > > > > > (c) is on a lot with an area of at least 450m2, and > > > > > (d) meets the development standards set out in Schedule 1. > > > (3) If development to which this Division applies relates to a secondary dwelling located within the principal dwelling, the development is complying development if the development— > > > > > (a) meets the relevant provisions of the Building Code of Australia, and > > > > > (b) is not on land that is an environmentally sensitive area within the meaning of the Codes SEPP, and > > > > > (c) is not on land that comprises, or on which there is, a heritage item or a draft heritage item within the meaning of the Codes SEPP, and > > > > > (d) involves no external alterations to the principal dwelling other than the provision of an additional entrance, and > > > > > (e) will not result in a dwelling on the land, other than the principal dwelling and the secondary dwelling, and > > > > > (f) will not result in the floor area of the secondary dwelling being— > > > > > > > (i) more than 60m2, or > > > > > > > (ii) if a greater floor area is permitted for a secondary dwelling on the land under another environmental planning instrument—more than the greater floor area.