Schedule 5 Exempt development—Chapter 3

Schedule 5 Exempt development—Chapter 3

(Sections 3.17, 3.39(3), 3.49(3) and 3.56(3))

sch 5, hdg: Am 2022 (248), Sch 1[6].

| Development purpose | Development standards | | General provisions | | Access ramps and any associated chair hoist 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 1428.1–2009, 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—Energy labelling and minimum energy performance standard (MEPS) requirements.• Noise level must not exceed 5dB above the rating background noise level when measured at the boundary of the most affected residential premises (or potentially most affected residential premises), determined in accordance with the Noise Policy.• Source noise must not exhibit tonal noise, as defined in the Noise Policy (being noise containing a prominent frequency and characterised by a definite pitch).In these standards, the Noise Policy means the document entitled NSW Industrial Noise Policy (ISBN 0 7313 2715 2) published in January 2000 by the Environment Protection Authority. | | 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 external alterations—the enclosure of balconies and walkways | • Must not increase the building envelope.• Must not result in an enlargement or extension of the building or an increase in the load bearing capacity of any load-bearing component of the building. | | 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 or teaching workstations, or(iii) reconfiguration of partitions.• Must not affect load-bearing capacity of any load-bearing component of building. | | 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 reduce car parking spaces.• Must be constructed or installed so that any surface water or run-off is disposed of by a drainage system that is connected to the existing stormwater drainage system.• Must be constructed in accordance with AS/NZS 2890.1:2004, Parking facilities, Part 1: Off-street car parking or AS 2890.2—2002, Parking facilities, Part 2: Off-street commercial vehicle facilities.• Must not require cut or fill more than 1m below or above ground level (existing).• 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. | | Carports associated with an existing building | • Surface 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 that are not a heritage item or within a heritage conservation area | • Must be carried out in accordance with AS 2601–2001, Demolition of structures.• Must not cover an area of more than 250m2.• Must be carried out between 7am and 5pm Monday to Saturday and must not be carried out on a public holiday.• Must notify Transport for NSW Traffic Management Centre of the truck route to be followed by trucks transporting waste material from the site. | | Fences—erection of security fences | • 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.• If in a residential zone, height of boundary fence must not exceed 1.8m above ground level (existing) if behind front building line and 1.2m if forward of that line.• 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. | | Geotechnical investigations and other testing, surveying and sampling for the purposes of the design or assessment of proposed development or for the purposes of system development or determining the safety or condition of infrastructure | • Must not involve 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. | | 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 or repairs (for which, in each case, any required consent has been obtained) | • 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. | | Landscaping (including paving and turfing and access tracks) carried out in conjunction with other development which is exempt under Chapter 3 | | | Lighting—installation, construction, maintenance or operation | • 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 and AS/NZS 1158.4:2015, Lighting for Roads and Public Spaces.• 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. | | 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. | | 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 or repairs (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 removed immediately on completion of work if removal will not give rise to safety risk. | | Security cameras—installation for security purposes | | | 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. | | Signs | | Existing signs—maintenance, replacement or change in display if existing sign is exempt development under Chapter 3 | • Must not involve a change in area, form or shape.• Distance between ground level (existing) and top edge of sign must not be more than 6m. | | 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 8m2.• 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.• Distance between ground level (existing) and bottom edge of sign must not be more than 6m.• Must not involve electronic signage or moving displays. | | Identification, directional, community information or safety signs associated with the use of road infrastructure | • Distance between ground level (existing) and bottom edge of sign must not be more than 6m.• Must not involve electronic signage or moving displays. | | Temporary signs advertising an event and associated relevant details including sponsorship of the event | • Surface area must not exceed 8m2.• 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.• Distance between ground level (existing) and bottom edge of sign must not be more than 6m.• Must not involve electronic signage or moving displays. |