57Development standards for bush fire prone land

#### 57 Development standards for bush fire prone land 57 Development standards for bush fire prone land > > (1) This section does not apply to the following development— > > > > > (a) development for the purposes of— > > > > > > > (i) landscaping, or > > > > > > > (ii) a non-combustible fence, or > > > > > > > (iii) a swimming pool, or > > > > > > > (iv) another ancillary structure if it is non-habitable and more than 6m from a dwelling, > > > > > (b) development carried out on land in— > > > > > > > (i) bush fire attack level-40 (BAL-40), or > > > > > > > (ii) the flame zone (BAL-FZ). > > > > > > Note— > > > > > > More information about the categories of bush fire attack, including the flame zone, is contained in Planning for Bush Fire Protection, Table A1.7. > > > (2) Complying development under this Division must not be carried out on a lot that contains bush fire prone land unless— > > > > > (a) the development conforms to the relevant specifications and requirements of Planning for Bush Fire Protection, and > > > > > (b) any associated access way is on land that is not— > > > > > > > (i) grasslands, or > > > > > > > (ii) in bush fire attack level-40 (BAL-40), or > > > > > > > (iii) the flame zone (BAL-FZ), and > > > > > (c) the lot has direct access to— > > > > > > > (i) a public road, or > > > > > > > (ii) a road vested in or maintained by the council, and > > > > > (d) the building or structure to which the development relates is within 200m of the road, and > > > > > (e) there is sufficient access designed in accordance with the acceptable solutions identified in Planning for Bush Fire Protection, Table 7.4a, and > > > > > (f) the lot has a water supply that is— > > > > > > > (i) reticulated, or > > > > > > > (ii) not reticulated but suitable for fire fighting, and > > > > > (g) reticulated or bottled gas on the lot is installed and maintained in accordance with AS/NZS 1596:2014, The storage and handling of LP Gas, including the use of metal piping, and > > > > > (h) fixed gas cylinders on the lot are located at least 10m from flammable materials and are enclosed on the hazard side of the installation, and > > > > > (i) gas cylinders on the lot that are within 10m of a dwelling— > > > > > > > (i) have the release valves directed away from the dwelling, and > > > > > > > (ii) have metal connections to and from the cylinders, and > > > > > (j) there are no polymer sheathed flexible gas supply lines to gas meters adjacent to a dwelling on the lot. > > > > Note— > > > > The requirements relating to the construction of buildings in bush fire prone areas set out in the Building Code of Australia also apply. > > > (3) A non-reticulated water supply to a lot is suitable for fire fighting if— > > > > > (a) the water supply has a 65mm metal Storz outlet with a gate or ball valve, and > > > > > (b) the gate or ball valve, pipes and tank penetrations are metal and designed to allow for a full 50mm inner diameter water flow through the Storz fitting, and > > > > > (c) the size of the non-reticulated water supply is— > > > > > > > (i) for a lot with an area up to 10,000m2—10,000L, and > > > > > > > (ii) for a lot with an area of more than 10,000m2—20,000L, and > > > (4) Land is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ) if— > > > > > (a) the council or a person recognised by the NSW Rural Fire Service as a suitably qualified consultant in bush fire risk assessment determines, in accordance with the methodology specified in Planning for Bush Fire Protection, the land is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ), or > > > > > (b) for development carried out on grasslands—the development conforms to the relevant specifications and requirements of Planning for Bush Fire Protection, Table 7.9a. > > > (5) In this section— > > > > bush fire attack level-40 (BAL-40) has the same meaning as in AS 3959:2018, Construction of buildings in bushfire-prone areas. > > > > flame zone (BAL-FZ) has the same meaning as in AS 3959:2018, Construction of buildings in bushfire-prone areas. > > > > grasslands has the same meaning as in Planning for Bush Fire Protection. > > **s 57:** Am 2023 (83), Sch 2.3\[1\]; 2023 (664), Sch 1\[31\].