ATTACHMENT 8CL……CITY DEVELOPMENT
COMPARISON OFEXEMPT AND COMPLYING DEVELOPMENT PROVISIONS IN PARRAMATTA DEVELOPMENT CONTROL PLAN (PDCP) 2005 WITH EXEMPTAND COMPLYING DEVELOPMENT PROVISIONS IN SYDNEY REGIONAL ENVIRONMENT PLAN NO. 28 –PARRAMATTA (SREP 28).
The NSWState government’s LEP standard template requires exempt and complying controls to be contained with an LEP. Currently, Council’s controls are contained in PDCP 2005 sections 6.3 and 6.4 and SREP 28 schedules 3 and 4.
EXEMPT DEVELOPMENT
The table below compares the exempt development provisions in Section 6.3 of PDCP 2005 (column 1) with the exempt development provisions in Schedule 3 of SREP 28 (column 2). Where there is no comparable exempt development provision in the SREP 28 with an exempt development provision in the PDCP 2005, the acronym ‘NA’ (not applicable) appears in column 2, and the recommendation is the provision in the PDCP 2005 istransferred into PLEP 2008. Where there is a comparable exempt development provision in the SREP 28 with an exempt development provision in the PDCP 2005, any inconsistencies between the two provisions is explained, and a recommendation made as to the more appropriate provision to transfer into PLEP 2008 (column 4).
In summary, the exempt development provisions in PDCP 2005 are more detailed than the SREP28 provisions in terms of the types of development. For example, in PDCP2005 ‘Awnings (covered), canopies and Pergolas (uncovered)’, ‘Paving and concreting’ and ‘Cabanas and gazebos’ are all covered in SREP 28 by ‘Ancillary Development’. Consequently, PDCP 2005 controls are also more detailed in terms of the provisions for the types of development and this being the case, it is generally recommended that the exempt development provisions to be included in PLEP 2008 Schedule 2 Clause 16 are those provisions from PDCP 2005 Section 6.3.
PDCP 2005 (Section 6.3) / SREP 28 (Schedule 3) / Inconsistency / Recommendation for PLEP 2008Access facilities
Installation of internal or external ramps, paths, inclinators, but excludes lifts / NA / NA / Include DCP provision in LEP 2008
Advertising Signs
a) General Advertising:
- The construction of the advertising structure must comply with the ‘deemed to satisfy’ provisions of the Building Code of Australia including Section ‘B’ (“Structural Provisions”).
- Advertising sign content must relate to the approved use of the business or activity carried out on the site
- All advertisements displaying the language of a foreign country must contain the English translation.
- Signs are not to be of an offensive nature
- Materials are to be durable, fade proof and of high aesthetic quality
- Design signage to avoid confusion with directional and traffic signs
- Design signage to add character to the street and avoid physical and visual clutter
- Illuminated signs to be situated to avoid glare to drivers and pedestrians.
1. Erection of an advertising structure and display of an advertisement on it, or the display of an advertisement that is not on an advertising structure (other than an illuminated sign in a residential zone) in any of the following cases:
(a) The advertisement and any structure are not visible from outside the site on which they are displayed.
(b) The advertisement is behind the glass line of a shop window.
(c) The advertisement is a temporary advertisement for a social, cultural or recreational event that is displayed no more than 28 days before the event and is removed within 14 days after the event.
(d) The advertisement is a public notice displayed by a public authority giving information about a service.
(e) The advertisement is a real estate sign advertising that the premises on which it is displayed are for sale or lease, and the advertisement and any structure together have a maximum area of 2.5 square metres on residential or rural premises, or 4.5 square metres on commercial or industrial premises.
(f) The advertisement replaces one lawfully displayed on the same structure.
(g) The advertisement displays a message relating to the premises on which it is situated and the advertisement and any structure together have a maximum area of:
(i) 0.75 square metre in a residential or rural zone, or
(ii)10 square metres in an industrial zone, or
(iii)50% of the front elevation of a building on which it is displayed in a commercial business zone,
and a maximum height of either 4.6 metres above ground level or the height of a first floor window sill and, if suspended from an awning along a public road, the advertisement is not lower than 2.6 metres above ground level. / DCP contains additional controls regarding sign content, language, materials, design, positioning / Include DCP provision in LEP 2008
(b) Business identification signs in Residential Zones.
(c) Business identification signs in areas zoned centre Business 3(a), 3(b) and Mixed Use. / NA / REP does not refer to business identification signs but does contain general controls in clause 1 (g) above. / Include DCP provision in LEP 2008
(d) Directory boards in areas zoned Employment where the use of the industrial units have development consent. / NA / REP does not refer to Directory Boards, however does have general provisions for advertising signage as above. / Include DCP provision in LEP 2008
(e) Real Estate Signage in Residential Zones (advertising property on which it is displayed for sale or lease)
- Sign not to exceed 2.5sq.m in area
- Located wholly within the property boundary or attached to boundary fence and not projecting greater than 100mm above fence.
- Signs to be removed upon rentalor sale of the property.
- Non flashing or illuminated.
- One sign, per 20m of street frontage per premise.
- Max 3.5sq.m in area.
- Located wholly within the property boundary
- Signs to be removed upon sale or rental of the property.
- Non flashing or illuminated.
Residential and Rural Zones
REP the only requirement for real estate signs is a maximum total of 2.5sq.m for advertisement and structure together in a residential or rural zone.
DCP does not contain provisions for rural zones and provides a maximum of 2.5sq.m for the sign alone in residential areas.
DCP specifies the advert must be within the property boundary and is not to project above the fence
REPdoes not limit the number of signs per premise.
Real Estate Signs in
Commercial or Industrial LandsREP allows a total maximum of 4.5sq.m for advertisement and structure together DCP states a maximum area of 3.5sq.m for the sign alone.
DCP specifies one sign per 20m of street frontage per premise;REP does not limit the number of signs per premise.
DCP prohibits illuminated or flashing signs from being exempt in commercial or industrial areas.
REP does not prohibit flashing or illuminated real estate signs from commercial or industrial areas.
DCP requires signs to be removed upon sale or rental of the property and they are wholly located within the property boundary.
REP does not specify any such limitations. / Include DCP provision in LEP 2008, rural zones are not relevant.
Include DCP provision in LEP 2008
Include DCP provision in LEP 2008
Include DCP provision in LEP 2008
Include DCP provision in LEP 2008
Include DCP provision in LEP 2008
(g) Signs behind the glass line of a shop window or commercial premise. / NA / NA / Include DCP provision in LEP 2008
(h) Advertisements within a site not visible from the boundaries of a site that does not involve the erection of a structure. / NA / NA / Include DCP provision in LEP 2008
(i)Public Notice displayed by a public body giving information about the services provided:
- One sign per 20m of street frontage per premise.
- Maximum area of 3.5sq.m
- Located wholly within the property boundary
- Non flashing.
The advertisement is a public notice displayed by a public authority giving information about a service. / DCP Controls more restrictive in terms of the number of signs, size and location. / Include DCP provision in LEP 2008
(j) Temporary Signage
Temporary signage for religious, cultural, political, social or recreational events.- One per street frontage
- In residential areas: not exceeding 1.5sq.m in area and 1.5m in height.
- In Industrial and Commercial areas not exceeding 3.5sq.m in area and 2m in height.
- Located wholly within the –property boundary
- Does not include commercial advertising other than the name of the event sponsor(s).
- Not displayed earlier than 28 days before the event and 14 days after the event
- Excludes recurring events
- Non flashing
The advertisement is a temporary advertisement for a social, cultural or recreational event that is displayed no more than 28 days before the event and is removed within 14 days after the event. / REP provisions are consistent with those of the DCP except the DCP allows temporary signage for political events.
DCP contains additional provisions regarding the size of temporary signage in residential and commercial and industrial zones and also prohibits flashing signs. / Include DCP provision in LEP 2008
Aerials and Antennae
Not including satellite dishes or micro-wave antennas - referred to as a separate provision / NA / NA / Include DCP provision in LEP 2008
Air conditioning units for dwellings / NA / NA / Include DCP provision in LEP 2008
Awnings (covered), canopies and Pergolas (uncovered)
- Maximum area of 20m² or 10% of the rear courtyard area/garden, whichever is less
- The maximum cumulative area of all awnings, bird aviaries, carports, concreting, canopies, cabanas, decks, garden sheds, gazebos, greenhouses, patios, paving, pergolas on the site shall not exceed 10% of the total site area
- A minimum of 50% of the perimeter of the structure must be open with no walls
- No roller doors or panel lift doors are to be installed on the structure
- Located wholly within the property boundaries and no closer to the street than the associated dwelling
- Appropriate measures (that is, the installation of guttering and down piping) shall be taken to collect and dispose of any stormwater, in amanner that does not affect any other dwellings or adjoining property. For example to a drainage structure or easement under the control of Council
- All aspects of the structure shall comply with the ‘deemed to satisfy’ provisions of the Building Code of Australia
- The maximum height above natural ground level:
-does not exceed 3m for a pitched roof structure or if attached to the dwelling and with a maximum wall height of 2.4m if detached
-Must not reduce deep soil below 30% of the site area /
2. Ancillary Development
Development that is ordinarily incidental or ancillary either to a use allowed by a development consent or to a lawful existing use (as defined in section 106 of the Act), but only if:(a) any ancillary structure is erected at least 1 metre from each boundary of the site and extends no more than 3 metres above natural ground level, and
(b)any ancillary structure, paving or hard surface area covers not more than 25 square metres, and
(c)the development does not involve excavation beyond 600 millimetres below natural ground level, and
(d)it does not involve handling, storing or using hazardous chemicals or materials otherwise than on a domestic scale (except on farms and at a distance of more than 25 metres from any habitable building), and does not release any hazardous chemicals or materials or any pollutants into the environment, and
(e)it does not involve a display of an advertisement unless allowed by some other provision, and
(f)any ancillary structure located in a fire protection zone or an asset protection zone identified in a bush fire risk management plan in force under the Rural Fires Act 1997 is made of non-combustible materials. / Awnings (covered), canopies and Pergolas (uncovered)
REP limits ancillary structures to a minimum of 1m from each boundary.
DCP does not contain a minimum distance from each boundary, however does state that they can be no closer to the street than the associated dwelling.
REP states that ancillary structures be no higher than 3m above natural ground level
DCP limits pitched roof structures to no higher than 3m above natural ground level if attached which is consistent with the REP.
DCP also contains additional provisions stipulating a 2.4m maximum wall height if the structure is detached and a maximum height above natural ground level of 2.4m for a flat roof structure.
DCP limits the maximum cumulative area of all such structures to a maximum of 20sq.m or 10% of the rear garden whichever is less and cumulatively all such structures to 10% of the total site area.
REP states that any ancillary structure should covers not more than 25sq.m and does not contain a cumulative figure.
DCP states deep soil depth must not be reduced below 30% of the site area.
REP Specifies a maximum of 600mm of excavation below natural ground level.
DCP contains additional provisions regarding minimum percentage of open wall, drainage, prohibiting roller or panel doors and specifying development must be located wholly within the property boundaries and no closer to the street than associated dwellings. / Include DCP provision in LEP 2008 as they include compliance with the BCA which would cover setbacks.
Include DCP provision in LEP 2008
Include DCP provision in LEP 2008 as they are more detailed
Include DCP provision in LEP 2008 as fill is dealt with through the DCP reference to natural ground level.
Include DCP provision in LEP 2008 as they are more detailed.
Barbeques
(excludes food business) / NA / NA / Include DCP provision in LEP 2008
Bus Shelters / NA / NA / Include DCP provision in LEP 2008
Cabanas and gazebos
(in the rear courtyard or rear garden of the dwelling)
- Maximum area of 20m² or 10% of the rear courtyard area/garden, whichever is less
- The maximum cumulative area of all awnings, bird aviaries, carports, concreting, canopies, cabanas, decks, garden sheds, gazebos, greenhouses, patios, paving, pergolas on the site shall not exceed 10% of the total site area
- Located in the rear yard only
- Located a minimum of 900mm from any boundary
- Not for habitable use
- All aspects of the structure shall comply with the ‘deemed to satisfy’ provisions of the Building Code of Australia
- Non reflective finishes
- Appropriate measures shall be taken to collect and dispose of any stormwater, in a manner which does not adversely affect any other dwellings or adjoining properties. For example to a drainage structure or easement under the control of Council
- Not within a flood affected area if enclosed
- The maximum height above natural ground level:
-does not exceed 3m for a pitched roof structure or if attached to the dwelling and with a maximum wall height of 2.4m if detached
-Must not reduce deep soil below 30% of the site area /
2. Ancillary Development
(provision as per above) / DCP Limits cabanas and gazebos to the rear courtyard or rear garden of the dwelling.REP does not specify rear or front of dwelling.
REP limits ancillary structures to a minimum of 1m from the boundary.
DCP does not specify any particular distance to boundaries, however states that they can be no closer to the street than the associated dwelling.
REP states that ancillary structures be no higher than 3m above natural ground level
DCP limits pitched roof structures to no higher than 3m above natural ground level if attached which is consistent with the REP.
DCP contains additional provisions stipulating a 2.4m maximum wall height if the structure is detached and a maximum height above natural ground level of 2.4m for a flat roof structure.
DCP limits the maximum cumulative area of all such structures to a maximum of 20sq.m or 10% of the rear garden whichever is less and cumulatively all such structures to 10% of the total site area.
REP only states that any ancillary structure should cover not more than 25sq.m.
REP Specifies a maximum of 600mm of excavation below natural ground level,
DCP states that deep soil depth must not be reduced below 30% of the site area.
REP specifies that if the structure is in a Fire Protection Zone or Asset Protection Zone it must be made of non-combustible materials.
DCP doesn’t refer to fire hazards.
DCP contains additional provisions regarding minimum percentage of open wall, drainage, prohibiting roller or panel doors and specifying it must be located wholly within the property boundaries. / Include DCP provision in LEP 2008as limit structures to the rear yard.
Include DCP provision in LEP 2008as setbacks would be covered by the reference to compliance with the BCA.
Include DCP provision in LEP 2008
Include DCP provision in LEP 2008 as reference to 10% of the rear yard would permit structures with floor space greater than 20sq.m in the case of large rear gardens.
Include DCP provision in LEP 2008 as fill is dealt with through the DCP reference to natural ground level.
This is covered by general provisions in the BCA.
Include DCP provision in LEP 2008
Carports
(a) General Requirements
- Maximum area of 20 square metres
- The maximum cumulative area of all awnings, bird aviaries, carports, concreting, canopies, cabanas, decks, garden sheds, gazebos, greenhouses, patios, paving, pergolas on the site shall not exceed 10% of the total site area
- Located a minimum of 300mm behind the front building line
- Located a minimum of 900mm from any boundary
- A minimum of 50% of the perimeter must be open
- No roller doors or panel lift doors are to be installed on the structure
- All aspects of the structure shall comply with the ‘deemed to satisfy’ provisions of the Building Code of Australia
- Non reflective finishes
- Appropriate measures shall be taken to collect and dispose of any stormwater, in a manner which does not adversely effect any other dwellings or adjoining property. For example to a drainage structure oreasement under the control of Council
- The maximum height natural ground level:
-does not exceed 3m for a pitched roof with a maximum wall height of 2.4m
- Must not reduce deep soil below 30% of the site area
- Carports to be situated at least 1 metre behind the front wall of a residential building.
- Access to carports not to be via Short or Buller Streets, use lane access
- Carport in the rear gardens or beside the house and minimum 2 metre back from the front wall of the house.