Schedule 1 Exempt development—Chapter 2

Schedule 1 Exempt development—Chapter 2

(section 2.21)

sch 1, hdg: Am 2022 (248), Sch 1[2].

Note.

Section 2.21 and this Schedule do not apply to development carried out by public authorities in connection with an existing educational establishment. Exempt development of that kind is provided for in Chapter 3.

| Development purpose | Development standards | | General provisions | | Access ramps for persons with a disability | • Ramps must provide access to public transport, outdoor recreational areas or the ground floor of buildings or car parks.• Grade must not exceed 1:14 and must comply with AS 1428.1–2001, Design for access and mobility—General requirements for access—New building work.• Ramp structures must not create a traffic or pedestrian hazard or be part of a State or local heritage item. | | Air conditioning units | • Must have a Minimum Energy Performance Standard consistent with AS/NZS 3823.2:2013, Performance of electrical appliances—Airconditioners and heat pumps, Part 2: Energy labelling and minimum energy performance standards (MEPS) requirements.• Noise level must not exceed 5dB(A) above ambient background noise level measured at property boundary. | | Awnings, canopies, pergolas and storm blinds | • Surface area must not exceed 20m2.• Height must not exceed 2.4m above ground level (existing).• Must maintain all required boundary setbacks for the associated building and no part of structure must be within 900mm of any property boundary. | | Building external alterations including re-cladding roofs or walls | • Must involve only repair or renovation, or painting, plastering or other decoration, of building.• Must not result in enlargement or extension of building or increase in load-bearing capacity of any load-bearing component of building.• Must not involve the use of external combustible cladding within the meaning of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021.• Any re-cladding must—(i) not involve structural alterations, and(ii) involve only replacing existing materials with similar materials unless the use of those materials is a breach of these development standards. | | Building internal alterations | • Must be non-structural alterations to existing building only, such as—(i) replacement of doors, wall, ceiling or floor linings or deteriorated frame members with equivalent or improved quality materials, or(ii) inclusion of built-in fixtures.• Must not affect load-bearing capacity of any load-bearing component of building. | | Bush regeneration works | • May involve the installation of temporary fencing.• Must not involve—(a) the creation of access tracks, or(b) the use of machinery, or(c) works involving significant soil disturbance. | | Car parks—at grade car parks only | • Must be open (unenclosed) car parking (but may include associated gates including security booths and boom gates).• Must not be carried out on land within a growth centre (within the meaning of State Environmental Planning Policy (Sydney Region Growth Centres) 2006) that is not subject land within the meaning of clause 17 of Schedule 7 to the Threatened Species Conservation Act 1995.• Must not exceed 200 spaces for a site with access to any road or 50 spaces for a site with access to a classified road or to a road that connects to a classified road (if the access is within 90m of that connection, measured along the alignment of the connecting road). | | Carports associated with an existing building | • Floor area must not exceed 36m2.• Height must not exceed 3.5m above ground level (existing) and external wall height must not exceed 3m above ground level (existing).• Must be located behind any relevant building setback.• Must be no part of structure within 500mm of any side or rear boundary.• Stormwater drainage or run-off must be via connection to existing stormwater system. | | Decks (unroofed and attached to a building that is not located on bush fire prone land) | • Surface area must not exceed 10m2.• Finished surface level must not be more than 1m above ground level (existing).• Boundary setbacks for existing building to be maintained. | | Demolition of buildings or structures, including sheds, kiosks, ceilings, partitions, stairs, ducts, fencing, flagpoles and advertising structures | • Building or structure must not be a heritage item, unless the building or structure is development to which the Heritage Act 1977, section 57(1A), (2) or (3) applies.• Must be carried out in accordance with AS 2601:2025, The demolition of structures and must not cover an area of more than 250m2. | | Fences—erection of security fences | • Must be on land owned or controlled by a public authority.• Height must not exceed 3m above ground level (existing). | | Fences (other than security fences or fences covered by the Swimming Pools Act 1992) | • Must be constructed so as not to prevent natural flow of stormwater drainage or run-off.• Height of boundary fence must not exceed 1.8m above ground level (existing) if behind front building line, or 1.2m if forward of that line, in any of the following land use zones or a land use zone that is equivalent to any of those zones—(i) Zone R1 General Residential,(ii) Zone R2 Low Density Residential,(iii) Zone R3 Medium Density Residential,(iv) Zone R4 High Density Residential,(v) Zone R5 Large Lot Residential,(vi) Zone RU5 Village.• Must not include masonry construction to a height of more than 900mm above ground level (existing). | | Fire fighting emergency equipment—construction or maintenance of emergency equipment including replacement or augmentation of fire systems and fire water tanks | | | Flagpoles | • Height must not exceed 6m above ground level (existing) or above an existing building.• Must not display commercial advertising.• Flagpole structure and any attached flag must not project over public road. | | Hoardings to restrict unauthorised entry to construction sites—erection in conjunction with erection or demolition of, or carrying out of alterations or additions to, a building or carrying out of maintenance (for which, in each case, any required consent has been obtained) | • Must be in accordance with AS 4687—2007, Temporary fencing and hoardings.• Must not encroach onto footpath or public thoroughfare.• Must be removed immediately on completion of work if removal will not give rise to safety risk. | | Investigations (including geotechnical and other testing, surveying and the placement of survey marks, and sampling) relating to proposed development or for the purposes of infrastructure system development or determining the safety or condition of infrastructure | • Must not involve any greater disturbance of the ground or vegetation than is necessary.• Must not result in an increase in stormwater drainage or run-off from the site concerned. | | Landscaping (including paving and turfing and access tracks) carried out in conjunction with other development which is exempt under Chapter 2 | | | Lighting—construction or maintenance | • Construction and maintenance of external lighting if light spill is contained within site and in accordance with AS 4282–1997, Control of the obtrusive effects of outdoor lighting.• Construction and maintenance of lighting at or in vicinity of air transport facilities if consistent with Manual of Standards (MOS)—Part 139—Aerodromes published by the Civil Aviation Safety Authority (established under Civil Aviation Act 1988 of the Commonwealth). | | Offices—portable | • Height must not exceed 1 storey.• Setbacks must be in accordance with any applicable setback provisions of development control plan applying to site.• Must not be carried out on land within a growth centre (within the meaning of State Environmental Planning Policy (Sydney Region Growth Centres) 2006) that is not subject land within the meaning of clause 17 of Schedule 7 to the Threatened Species Conservation Act 1995. | | Rainwater and bore water tanks | • Height (including any stand) must not exceed 2.4m above ground level (existing).• No part of structure must be within 450mm of any property boundary or situated no closer to street than any associated building.• Rainwater tank must be fitted with first-flush device that causes initial run-off of any rain to bypass tank to reduce pollutants entering tank.• Installation must not involve excavation of more than 1m from ground level (existing), or filling of more than 1m above ground level (existing).• Must not be installed over any structure or fittings used by public authority to maintain water or sewer main.• Must be sign affixed to tank, clearly stating that water in tank is rainwater or bore water (as appropriate). | | Retaining walls | • Must not provide for retaining of fill to height above ground level (existing) of more than 2m or excavation to depth below ground level (existing) of more than 1m.• Must not prevent the natural flow of stormwater drainage/run-off. | | Scaffolding—erection in conjunction with erection or demolition of, or carrying out of alterations or additions to, a building or carrying out of maintenance (for which, in each case, any required consent has been obtained) | • Must not encroach onto footpath or public thoroughfare.• Temporary fencing must be provided to restrict unauthorised access to site if scaffolding is within 3m of any boundary.• Must be in accordance with AS/NZS 1576.1:2010, Scaffolding, Part 1: General Requirements.• Must be removed immediately on completion of work if removal will not give rise to safety risk. | | Security cameras—installation for security purposes | | | Sheds | • Must be free-standing, prefabricated and constructed of non-reflective materials.• Development must not result in shed with a total floor area exceeding 30m2.• Height must not exceed 2.5m above ground level (existing).• Must be located in rear of infrastructure facility. | | Skylight or roof windows | • Area of skylight must not exceed 2m2.• Must not be located within 900mm of any property boundary or within 900mm of any wall separating attached dwellings.• Work must not reduce structural integrity of building or involve structural alterations. | | General provisions: signs | | Existing signs—maintenance, replacement or change in display if existing sign is exempt under Chapter 2 | • Must not involve a change in area, form or shape. | | Identification, directional, community information or safety signs but not including roof-top signs or commercial advertising or signs associated with the use of road infrastructure (including signs associated with level crossings) | • Surface area must not exceed 3.5m2.• Must be located wholly within property boundary or be attached to existing boundary fence and not projecting more than 100mm from fence.• Obtrusive effects of outdoor lighting must be controlled in accordance with AS 4282–1997, Control of the obtrusive effects of outdoor lighting. | | Identification, directional, community information or safety signs associated with the use of road infrastructure | • Must be consistent with road safety policies and guidelines on outdoor advertising approved by the Planning Secretary for the purpose of this provision and published in the Gazette. | | Temporary signs advertising an event and associated relevant details including sponsorship of the event | • Surface area must not exceed 3.5m2.• Must be located wholly within property boundary.• Must not be displayed earlier than 28 days before event and must be removed within 14 days after event.• Obtrusive effects of outdoor lighting must be controlled in accordance with AS 4282–1997Control of the obtrusive effects of outdoor lighting. | | General provisions: subdivision | | Boundaries—adjustment to the boundary of a lot (including to widen a public road or create a public reserve) | • Must not result in—(i) creation of any additional lot or legal right to erect dwelling, or(ii) creation of lot that depends on use of services provided to, or utilities of, another lot, or(iii) change in area of any lot by more than 10 per cent, or(iv) increased bush fire risk to existing buildings. |