Ancillary buildings
21 Ancillary buildings
Development for the purposes of ancillary buildings.
The building must not have a gross floor area greater than the maximum gross floor area.
The building must not have a height greater than the maximum building height.
If the development is for alterations or additions to an existing building that has a gross floor area greater than the maximum gross floor area, the gross floor area of the resulting building must not be increased by more than 10%.
If the development is for alterations or additions to an existing building that has a height greater than the maximum building height, the height of the resulting building must not be greater than the height of the existing building.
For development on land in Zone RU1, RU2, RU4, SP1, SP2, RE1 or RE2, the building must not be located within—
10m of land in a residential or employment zone, or
5m of land in another zone.
For development on land in a zone other than Zone RU1, RU2, RU4, SP1, SP2, RE1 or RE2, the building must not be located within 3m of the boundary of the cemetery.
The development must not increase the gross floor area used for the following—
commercial premises,
function centres,
places of public worship.
If the building is within a flood planning area, the building must have a minimum floor level no lower than the floor levels set by the council for the land.
The development must not be carried out on land in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ).
For subsection (10), land is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ) if—
the council or a person who is 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, that the land is not in bush fire attack level-40 (BAL-40) or the flame zone (BAL-FZ), or
for development carried out on grasslands—the development conforms to the specifications and requirements of Table 7.9a of Planning for Bush Fire Protection that are relevant to the development.
Subsections (10) and (11) do not prevent complying development being carried out on part of a lot that is not on land referred to in subsection (10), even if other parts of the lot are on land referred to in subsection (10).
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.
flood planning area has the same meaning as in the Flood Risk Management Manual.
maximum building height means a building height of—
if the building is on land in Zone RU1, RU2, RU4, SP1, SP2, RE1 or RE2—7m, or
otherwise—5.5m.
maximum gross floor area means a gross floor area of—
if the building is on land in Zone RU1, RU2, RU4, SP1, SP2, RE1 or RE2—200m2, or
otherwise—100m2.
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