table of changes - shoalhaven dcp...

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Page | 1 Table of Changes New Section Old Section Recommended Change Reason Section 1 Purpose Section 2 Application Section 3 Context Section 4 Objectives Section 5 Controls 5.2 Dwelling houses and ancillary structures New provision Added ‘Rural Workers’ Dwelling’ as a use that the DCP Chapter applies to Clause 4.2F is a new provision in SLEP 2014 and requires further guidelines. 5.3 - Car parking Section 2.4 Car Parking, Driveways and Site Access Add a new part to Acceptable Solution A1 Greater consistency with car parking requirements with other nearby Councils. 5.3 - Environmental Constraints Section 2.8 Bushfire Requirements Provide guidelines rather than controls Bushfire provisions are legislated by NSW RFS and Planning for Bushfire Protection 2006 5.3 - Environmental Constraints Section 2.9 Flooding Provide guidelines rather than controls Chapter G9 Flooding provides flooding controls. Section 6 Advisory Information DCP 91 has generally been amended and updated for consistency with adopted Shoalhaven LEP 2014 including zones, height limits and other specific clauses. Rural and urban areas have also been separated to account for key differences in approach.

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Page | 1

Table of Changes

New Section Old Section Recommended Change Reason

Section 1 – Purpose

Section 2 – Application

Section 3 – Context

Section 4 – Objectives

Section 5 – Controls

5.2 – Dwelling houses and ancillary structures

New provision Added ‘Rural Workers’ Dwelling’ as a use that the DCP Chapter applies to

Clause 4.2F is a new provision in SLEP 2014 and requires further guidelines.

5.3 - Car parking

Section 2.4 – Car Parking, Driveways and Site Access

Add a new part to Acceptable Solution A1

Greater consistency with car parking requirements with other nearby Councils.

5.3 - Environmental Constraints

Section 2.8 Bushfire Requirements

Provide guidelines rather than controls

Bushfire provisions are legislated by NSW RFS and Planning for Bushfire Protection 2006

5.3 - Environmental Constraints

Section 2.9 Flooding

Provide guidelines rather than controls

Chapter G9 Flooding provides flooding controls.

Section 6 – Advisory Information

DCP 91 has generally been amended and updated for consistency with adopted Shoalhaven LEP 2014 including zones, height limits and other specific clauses. Rural and urban areas have also been separated to account for key differences in approach.

Shoalhaven Development Control Plan 2014

Chapter G12: Dwelling Houses, Additions and Ancillary Structures

Page | 2

Chapter G12 - Dwelling Houses, Additions and Ancillary Structures

Contents

1 Purpose ........................................................................................................................ 4

2 Application .................................................................................................................... 4

3 Context ......................................................................................................................... 4

4 Objectives ..................................................................................................................... 4

5 Controls ........................................................................................................................ 5

Dwelling Houses, Additions and Ancillary Structures in Residential Zones ............ 5 5.1

Floor Space Ratio ......................................................................................................... 5

Height of Buildings ........................................................................................................ 6

Setback and Building Lines .......................................................................................... 7

Design and Appearance ............................................................................................. 12

Dwelling Houses and Ancillary Structures in Rural, Rural Residential and 5.2Environmental Zones ..................................................................................................... 12

Density ........................................................................................................................ 13

Height of Buildings ...................................................................................................... 13

Setback and Building Lines ........................................................................................ 14

Design and Appearance ............................................................................................. 17

Generic Controls for Dwelling Houses, Additions and Ancillary Structures ........... 17 5.3

Detached Habitable Rooms ........................................................................................ 17

Granny Flats ............................................................................................................... 18

Fencing ....................................................................................................................... 19

Views and Visual Privacy ............................................................................................ 20

Freestanding privacy screens ..................................................................................... 22

Solar Access ............................................................................................................... 23

Car Parking, Driveways and Site Access .................................................................... 25

Ancillary Structures ..................................................................................................... 26

Stormwater Management ........................................................................................... 27

Site Stability and Excavation ...................................................................................... 29

Environmental Constraints .......................................................................................... 31

Requirements for Demolition and Waste Minimisation ............................................... 32

Heritage ...................................................................................................................... 33

Shoalhaven Development Control Plan 2014

Chapter G12: Dwelling Houses, Additions and Ancillary Structures

Page | 3

Temporary Occupation of Building Sites ..................................................................... 34

Resited Dwellings and Use of Second Hand Materials. .............................................. 35

Siting and Construction of Garages, Sheds and like structures on Vacant Land ........ 36

Building adjacent to Drainage Easements and Sewers .............................................. 36

6 Advisory Information ................................................................................................... 38

Other legislation or policies you may need to check ............................................. 38 6.1

Figures

Figure 1: Calculating Floor Space Ratio .............................................................................. 6 Figure 2: Building Envelope Diagram................................................................................... 7

Figure 3: Determining Building Lines for Prominent Character areas .................................. 8 Figure 4: Determining Building Lines for Prominent Character areas .................................. 9 Figure 5: Building Line Setback to Public and Foreshore Reserves .................................... 9 Figure 6: Front Fencing...................................................................................................... 20

Figure 7: Options to minimise privacy issues where overlooking is unavoidable ............... 22 Figure 8: Maximum Cut and Fill ......................................................................................... 31

Shoalhaven Development Control Plan 2014

Chapter G12: Dwelling Houses, Additions and Ancillary Structures

Page | 4

1 Purpose

The purpose of this Chapter is to outline controls and guidelines for dwelling houses, rural

worker’s dwellings, additions and ancillary structures to ensure a high standard of residential

development in Shoalhaven.

Note:

The controls in this Chapter are supplementary to Shoalhaven LEP

2014 and area specific Chapters of this DCP. Shoalhaven LEP

2014 and area specific Chapters will prevail where there is an

inconsistency.

2 Application

This Chapter applies to all land where dwelling houses and rural worker’s dwellings are

permissible with development consent.

Specific sections of the Chapter will also apply depending upon the zoning of your land under

Shoalhaven LEP 2014.

Note:

In the context of this Chapter, reference to a dwelling house also

includes dwelling additions and alterations.

3 Context

This Chapter outlines the controls that you must address in your development application for

dwellings houses and rural workers dwellings. This Chapter also identifies matters that Council will

assess when considering your application.

This Chapter outlines generic controls to ensure buildings are compatible with the scale and bulk

of the existing and likely future residential development of adjacent lands. You should ensure that:

services and utilities including electricity, gas, water, sewer, roads and drainage are

available for the initial development and ongoing development needs, and

your development application addresses the constraints on site such as bushfire risk,

threatened species, flooding and stormwater (as outlined in related Chapters of this DCP).

4 Objectives

The objectives are to:

i. Ensure a high standard of residential development is achieved in Shoalhaven.

ii. Ensure that development is sympathetic to the physical constraints of the site.

Shoalhaven Development Control Plan 2014

Chapter G12: Dwelling Houses, Additions and Ancillary Structures

Page | 5

iii. Encourage innovative design in residential development which reflects the need to preserve

the amenity of the area, whilst having due regard to the physical constraints encountered in

these areas

iv. Encourage residential development that is ecologically sustainable.

v. Ensure that appropriate levels of amenity are achieved, including privacy, over-shadowing

and access to sunlight, noise and open space.

vi. Set appropriate environmental criteria for energy efficiency, passive solar design, privacy,

and vehicular access.

vii. Provide a comprehensive design oriented approach to residential development.

viii. Provide clear guidelines for the planning and construction of buildings in Shoalhaven.

ix. Provide flexible performance-based criteria to guide development.

x. Ensure dwelling houses and ancillary structures are compatible with the bulk, scale and

character of the locality.

xi. Provide adequate levels of comfort and amenity for residents.

xii. Encourage design that protects the amenity of surrounding properties and the scenic or

landscape qualities of area.

5 Controls

Dwelling Houses, Additions and Ancillary Structures in Residential Zones 5.1

This section applies to areas zoned:

R1 General Residential

R2 Low Density Residential

R3 Medium Density Residential

R5 Large Lot Residential (lots below 2000m2), and

RU5 Village

where dwelling houses are permissible with development consent.

Floor Space Ratio

Performance Criteria Acceptable Solutions

P1 The scale of the dwelling

house is compatible with the

characteristics and amenity

of the surrounding area and

development.

A1.1 The Floor Space Ratio (FSR) does not exceed 0.5

to 1 for the dwelling and outbuildings combined (see

Figure 1)

Note:

1. For hatchet shaped lots or lots that gain access via a right of

way (ROW), the area of land of the access handle or ROW is

excluded from the site area used in the calculation)

2. Where the garage is within the dwelling or an outbuilding, an

allowance of the proposed garage floor area, up to a

maximum 50m2 is excluded from the gross floor area.

3. Where the dwelling contains a floor below natural ground

level that does not have the floor level of the floor above more

Shoalhaven Development Control Plan 2014

Chapter G12: Dwelling Houses, Additions and Ancillary Structures

Page | 6

Performance Criteria Acceptable Solutions

than 1.2m above natural ground level except on one horizontal

side, only 20% of the habitable floor areas will be counted in

determining the gross floor space ratio. The applicant must

demonstrate that the basement area does not contribute

excessive bulk to the building. The lower floor site drainage

must be via gravity methods to a street drainage system.

Figure 1: Calculating Floor Space Ratio

Height of Buildings

Performance Criteria Acceptable Solutions

P1 The height and bulk of a

dwelling and ancillary

structures has minimal

impact on the amenity of

the area and adjoining

properties.

A1.1 The maximum height of the building does not

exceed two (2) storeys above ground level (existing)

and complies with height controls set by Shoalhaven

LEP 2014.

P2 The building siting and

height relate to the natural

slope of the land with

minimal cut and fill.

A2.1 For site slopes of up to 10% or involving cut and fill or

site excavations the ground level existing and

proposed building levels must be clearly identified on

your building plans and verified by a registered

surveyor.

Shoalhaven Development Control Plan 2014

Chapter G12: Dwelling Houses, Additions and Ancillary Structures

Page | 7

Figure 2: Building Envelope Diagram

Setback and Building Lines

Note:

Additional building line and setback controls are included in

Chapter G6 Areas of Coastal Management, Chapter V2 Building

Lines and area specific chapters.

Performance Criteria Acceptable Solutions

P1.1 The building design and site

placement is compatible with and

enhances the existing and future

streetscape.

P1.2 The building setback from the

street frontage does not undermine

the integrity of the existing prevailing

building lines. Setbacks avoid loss

of view, undue overshadowing and

provide privacy and traffic safety.

P1.3 Buildings are located with minimal

loss of amenity to adjoining

development through loss of

privacy, views, overshadowing,

solar access or the like.

P1.4 The location, siting, height and bulk

of the building complement the

existing setbacks near the site,

foreshore (if applicable) and the

Prominent Character

A1.1 If the setback from a boundary adjoining a

street in urban areas where the predominant

setback is greater than the setback

contained in Table 1, the required setback

must be compatible with the existing

setbacks on the same road. (refer Figure 3

and Figure 4).

Note: Your site plan must demonstrate how the proposed

dwelling house meets the prominent character of the

street and neighbourhood.

A1.2 If there is no obvious predominant building

line, the dwelling house is setback from

front, side and rear boundaries in

accordance with Table 1.

Note: Variations to the minimum building setbacks may

be considered where site constraints such as the

topography or the shape of the allotment prevent

compliance with the minimum building setbacks.

Shoalhaven Development Control Plan 2014

Chapter G12: Dwelling Houses, Additions and Ancillary Structures

Page | 8

Performance Criteria Acceptable Solutions

streetscape.

P1.5 The location of the dwelling house

and its building lines will not create

an undesirable precedent.

P1.6 Adequate levels of light and

ventilation to adjoining buildings,

landscaping, services and

infrastructure are protected.

P1.7 The proposal maintains adequate

provision for on-site car parking

within driveways.

P1.8 The dwelling house and ancillary

developments are setback and

building scale is relative to the

street reserve width.

Figure 3: Determining Building Lines for Prominent Character areas

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Chapter G12: Dwelling Houses, Additions and Ancillary Structures

Page | 9

Figure 4: Determining Building Lines for Prominent Character areas

Figure 5: Building Line Setback to Public and Foreshore Reserves

Shoalhaven Development Control Plan 2014

Chapter G12: Dwelling Houses, Additions and Ancillary Structures

Page | 10

Table 1: Minimum Building Setbacks for Residential Areas

Setbacks R1, R2 (below 2000m2), R3 and RU5 Zones Acceptable Solutions

Front Setback

Primary road

frontage

Dwelling houses and ancillary development in new

subdivisions and on lots in groups or clusters in

subdivisions approved prior to 18 December 2001 -

Lots up to 600m2.

5.0m to wall of dwelling house.

4.5m to open structures, such as the posts of awnings and carports

and to the further most point of cantilevered balconies and the like.

Dwelling houses and ancillary development in new

subdivisions - Lots over 600m2

6.0m to wall of dwelling house.

5.0m to open structures, such as the posts of awnings and carports

and to the further most point of cantilevered balconies and the like. Dwelling houses and ancillary development on lots

in groups or clusters in subdivisions approved prior to

18 December 2001- Lots over 600m2 and less than

650m2.

Infill dwelling houses and ancillary development in

existing subdivisions.

6.0m for allotments with a depth of less than 30.5m.

7.5 m for allotments with a depth of 30.5m or more.

Side Setback

Secondary road

frontage

Dwelling houses and ancillary development in new

subdivisions and on lots in groups or clusters in

subdivisions approved prior to 18 December 2001 -

Lots up to 600m2.

3.0m.

Dwelling houses and ancillary development in new

subdivisions - Lots over 600m2.

3.5m.

Dwelling houses and ancillary development on lots

in groups or clusters in subdivisions approved prior to

18 December 2001- Lots over 600m2 and less than

650m2.

Infill dwelling houses and ancillary development -

existing subdivisions.

Shoalhaven Development Control Plan 2014

Chapter G12: Dwelling Houses, Additions and Ancillary Structures

Page | 11

Setbacks R1, R2 (below 2000m2), R3 and RU5 Zones Acceptable Solutions

Side Setback

No road frontage

Dwelling houses and ancillary development in new

subdivisions - Lots up to 600m2.

A minimum of 900mm from walls of single storey and two storey

dwellings to side boundaries.

If your dwelling house and/or ancillary development is to be located

on a foreshore lot you must comply with the requirements in Chapter

G6 ‘Areas of Coastal Management’ of this DCP.

Dwelling houses and ancillary development in new

subdivisions - Lots over 600m2.

675mm from eaves and gutters to side boundaries.

Eaves and gutters not parallel to the boundary are permitted up to

450mm from the boundary for a maximum distance of 1.8m.

The walls of attached garages must be located not less than 900mm

from side boundaries.

Dwelling houses and ancillary development in

existing subdivisions.

Rear setback

Dwelling houses and ancillary development. 3m to walls/posts of dwellings, including attached verandahs, patios

and the like.

For corner lots - Average of 3m to walls/posts of dwellings, including

attached verandahs, patios and the like.

Rear/side

setback to

public reserve

Dwelling houses and ancillary development. 4m to walls/posts of dwellings, including attached verandahs, patios

and the like.

900mm to detached non-habitable outbuildings, including swimming

pools.

Side setback – 900mm to walls/posts of dwellings, including attached

verandahs, patios and the like, detached non-habitable outbuildings, including swimming pools.

Rear/side

setback to

foreshore

reserve

Dwelling houses and ancillary development. 7.5m to dwellings and attached/ detached outbuildings.

Shoalhaven Development Control Plan 2014

Chapter G12: Dwelling Houses, Additions and Ancillary Structures

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Design and Appearance

Note:

Dwelling houses in coastal areas must also comply with Chapter

G1 ‘Site Analysis, Sustainable Design and Building Materials’ and

Chapter G6 ‘Areas of Coastal Management’.

Performance Criteria Acceptable Solutions

P1 The building design, detailing,

finish, articulation and

modulation of building facades

provide visual interest that

enhances the streetscape and

complements good quality

surrounding development.

A1.1 The design of the dwelling uses modulation and

articulation of building elements to articulate facades

and minimise lengths of unbroken walls and glazed

areas.

P2 Garages and parking

structures do not dominate the

street frontage.

A2.2 The width of garage facades addressing the street

does not exceed 9.0m or 50% of the length of the

frontage, whichever is the lesser.

P3 The use of highly reflective

building materials is minimised

to reduce nuisance on

adjoining properties and the

neighbourhood.

A3.1 A development application is supported by a colour

schedule and details of materials which will not cause

excessive glare when viewed from another dwelling

house or a public place.

Note: Most Colorbond colours are appropriate in general building

design depending on glare levels.

Use of traditional building materials, such as galvanised steel may

be permitted in certain circumstances if is justified in the context of

the design of the building and/or it complements the heritage

character of the building or area.

Dwelling Houses and Ancillary Structures in Rural, Rural Residential and 5.2Environmental Zones

This section applies to areas zoned:

RU1 Primary Production:

RU2 Rural Landscape

RU4 Primary Production Small Lots

R5 Large Lot Residential (lots greater than 2000m2)

E2 Environmental Conservation

E3 Environmental Management

E4 Environmental Living

where dwelling houses and rural workers’ dwellings are permissible with development consent.

Shoalhaven Development Control Plan 2014

Chapter G12: Dwelling Houses, Additions and Ancillary Structures

Page | 13

Note:

Any proposal for a rural workers’ dwelling in Zone RU1 Primary

Production must demonstrate compliance with Clause 4.2F of

Shoalhaven LEP 2014.

Clause 4.2D of Shoalhaven LEP 2014 identifies the circumstances

in which Council is able to grant development consent for the

erection of dwelling houses on vacant land. Clause 4.2D applies to

land in the following zones:

Zone RU1 Primary Production

Zone RU2 Rural Landscape

Zone RU4 Primary Production Small Lots

Zone R5 Large Lot Residential

Zone E2 Environmental Conservation

Zone E3 Environmental Management

Zone E4 Environmental Living

In certain circumstances, verification of the potential for a dwelling

to be approved on a parcel of land may require a detailed

investigation of Council’s records relating to the ownership or

subdivision history of that particular allotment.

There are many vacant allotments within Shoalhaven where a

dwelling may not be erected under Shoalhaven LEP 2014. That is,

dwellings are not permitted on all rural land parcels. It is

recommended that, if considering purchasing a lot within a rural or

environmental protection zone, Council is consulted to determine if a

dwelling is permissible on the subject land.

Density

Performance Criteria Acceptable Solutions

P1 The bulk and scale of the dwelling

does not have a significant

detrimental impact on the amenity

and character of the rural locality.

A1.1 The density of the dwelling is sympathetic to

the rural landscape and the character of the

area.

Height of Buildings

Performance Criteria Acceptable Solutions

P1.1 To minimise adverse impacts

caused by overlooking and

overshadowing of adjoining

properties.

P1.2 The building siting and height relate

Maximum Height of Buildings

A1.1 The maximum height of the building does

not exceed two (2) storeys and complies with

height controls set by Shoalhaven LEP 2014.

Shoalhaven Development Control Plan 2014

Chapter G12: Dwelling Houses, Additions and Ancillary Structures

Page | 14

Performance Criteria Acceptable Solutions

to land form, with minimal cut and

fill.

P1.3 The height and bulk of development

is compatible with the existing or

likely future character of the area.

P1.4 In rural zones, the height and bulk

of dwellings must be compatible

with the rural context in which they

are located.

Setback and Building Lines

Note:

Additional building line controls are included in Chapter V2

‘Building Lines and Area Specific Chapters’.

Performance Criteria Acceptable Solutions

P1.1 The building siting and height relate

to the natural slope of the land with

minimal cut and fill.

P1.2 The building design and site

placement is compatible with and

enhances the existing and future

streetscape.

P1.3 The building setback from the

street frontage does not undermine

the integrity of the existing prevailing

building lines. Setbacks avoid loss

of view, undue overshadowing and

provide privacy and traffic safety.

P1.4 Buildings are located with minimal

loss of amenity to adjoining

development through loss of

privacy, views, overshadowing,

solar access or the like.

P1.5 The location, siting, height and bulk

of the building complement the

existing setbacks near the site,

foreshore (if applicable) and the

streetscape.

Prominent Character

A1.1 If the setback from a boundary adjoining a

street in urban areas where the predominant

setback is greater than the setback

contained in Table 2, the required setback

must be compatible with the existing

setbacks on the same road.

Note: Your site plan must demonstrate how the proposed

dwelling house meets the prominent character of the

street and neighbourhood.

A1.2 If there is no obvious predominant building

line, the dwelling house is setback from

front, side and rear boundaries in

accordance with Table 2.

Note: Variations to the minimum building setbacks may

be considered where site constraints such as the

topography or the shape of the allotment prevent

compliance with the minimum building setbacks.

Shoalhaven Development Control Plan 2014

Chapter G12: Dwelling Houses, Additions and Ancillary Structures

Page | 15

Performance Criteria Acceptable Solutions

P1.6 The location of the dwelling house

and its building lines will not create

an undesirable precedent.

P1.7 Adequate levels of light and

ventilation to adjoining buildings,

landscaping, services and

infrastructure are protected.

P1.8 The proposal maintains adequate

provision for on-site car parking

within driveways.

P1.9 The dwelling house and ancillary

developments are setback and

building scale is relative to the

street reserve width.

Shoalhaven Development Control Plan 2014

Chapter G12: Dwelling Houses, Additions and Ancillary Structures

Page | 16

Table 2: Minimum Building Setbacks for Environmental, Rural and Rural Residential Zones

Setbacks: RU1, RU2, RU4, E2, E3, E4, R5 and R2 (above 2000m2) Zones Acceptable Solutions

Front setbacks All dwelling houses and ancillary development. For lots up to 4,000m2 - 12.5m.

For lots between 4,000m2 and 10,000m2 - 20m.

For lots greater than 10,000m2 (1ha) - 30m.

Side Setbacks All dwelling houses and ancillary development. To a secondary street frontage – equivalent to 50% of the front

setback.

The privacy of adjoining dwellings is not to be compromised.

Any Asset protection Zones are to be located wholly within the

lot boundary.

Rear Setbacks All dwelling houses and ancillary development. Minimum rear setback of 7.5m.

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Chapter G12: Dwelling Houses, Additions and Ancillary Structures

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Design and Appearance

Note:

Dwelling houses in Environmental, Rural and Rural Residential

zones areas must also comply with Chapter G1: ‘Site Analysis,

Sustainable Design and Building Materials in Rural and Coastal

Areas’.

Performance Criteria Acceptable Solutions

P1 The building design,

detailing, finish and

articulation and

modulation of building

facades provide visual

interest that enhances the

streetscape and

complements good quality

surrounding development.

A1.1 The design of the dwelling uses modulation and

articulation of building elements to articulate facades

and minimise lengths of unbroken walls and glazed

areas.

P2 Garages and parking

structures do not dominate

the street frontage.

A2.1 The width of garage facades addressing the street

does not exceed 9.0m or 50% of the length of the

frontage, whichever is the lesser.

P3 The use of highly reflective

building materials is

minimised to reduce

nuisance on adjoining

properties and the

neighbourhood.

A3.2 Your application is supported by a colour schedule

and details of materials which will not cause excessive

glare when viewed from another dwelling house or a

public place.

Note: Most Colorbond colours are appropriate in general building

design depending on glare levels.

Use of traditional building materials, such as galvanised steel may

be permitted in certain circumstances if is justified in the context of

the design of the building and/or it complements the heritage

character of the building or area.

Generic Controls for Dwelling Houses, Additions and Ancillary Structures 5.3

Detached Habitable Rooms

Note:

For this purpose of this Chapter, detached habitable room means a

room or suite of rooms which are used in association with the rooms

of a dwelling as a single dwelling occupancy

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Chapter G12: Dwelling Houses, Additions and Ancillary Structures

Page | 18

Performance Criteria Acceptable Solutions

P1 Any detached habitable room/s

associated with the dwelling

house are for residential purposes

separate to the use of the principal

dwelling and demonstrate all

weather connection to enable a

use that is consistent with that of a

single dwelling.

A1.1 Detached habitable room/s associated with

the dwelling house are in close proximity to

the dwelling and has an all-weather

connection to the dwelling.

A1.2 Detached habitable room/s and the dwelling

house operate as a single dwelling house.

Note: An all weather connection may include a roofed

deck, pathway or other demonstrated combination.

Granny Flats

Note:

For this purpose of this Chapter, granny flat means a room or suite

of rooms for use by a family member(s) of the dwelling occupants

used in conjunction with the main dwelling house.

The granny flat is not fully self-contained, does not change the

classification of the existing dwelling and does not require fire safety

upgrades for the Building Code of Australia.

Detached granny flats fall under the definition of secondary

dwellings. Controls relating to secondary dwellings are included in

State Environmental Planning Policy (Affordable Rental Housing)

2009.

Clause 5.4(9) of Shoalhaven LEP 2014 provides a total maximum

area for secondary dwellings.

Performance Criteria Acceptable Solutions

P1.1 The granny flat provides semi-

independent living for family

member(s) of the dwelling.

Internal connection may include a

bathroom and minor food

preparation facility.

P1.2 The application demonstrates a

bonafide need for semi-

independent accommodation for

one or more family members.

P1.3 The proposal will not change the

classification of the existing

dwelling and will not require the

dwelling to be upgraded to comply

A1.1 The granny flat is designed to be physically

attached and integral with the dwelling and

utilises one or more of the bathroom, laundry

and cooking area facilities of the dwelling.

A1.2 The maximum gross floor area of the granny

flat is 70m2.

A1.3 The granny flat must not be capable of being

used as a separate dwelling.

A1.4 Internal access by means of a doorway must

be provided between the dwelling and the

granny flat.

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Chapter G12: Dwelling Houses, Additions and Ancillary Structures

Page | 19

Performance Criteria Acceptable Solutions

with the fire safety requirements of

the Building Code of Australia.

Fencing

Performance Criteria Acceptable Solutions

P1.1 Fences and courtyard

walls on the road reserve

frontage enhance the

dwelling design and

improve the streetscape

character.

P1.2 The design of fences and

courtyard walls adjoining

a road reserve do not

impede the safety of

pedestrians and cyclists

with the movement of

vehicles between the

property and the roadway.

P1.3 Fences comply with any

private covenants,

restrictions as to user and

provisions of the Dividing

Fences Act 1991.

Primary Road Frontage

A1.1 For solid fences or walls on the boundary the

maximum height is 1.2m; or

A1.2 Fences or walls higher than 1.2m have a maximum

height of 1.8m; and,

A1.3 Solid fences are permitted to a height of 700mm but

must be open for at least 50% for the remaining

height of the fence; or

A1.4 Are landscaped with architectural treatment to provide

visual relief from the public road.

Note: The spacing between fence posts/columns provides a

balance across fenced boundaries.

The overall fence design should complement existing structures,

landscaping and general streetscape. Fence posts/columns

generally will need to be placed at twice the finished fence height.

Secondary Road Frontage

A1.5 Fences or walls have a maximum height of 1.8m and

may be solid.

A1.6 The materials are compatible with those used in

adjoining dwellings and area.

A1.7 The use of sheet metal or similar fencing material is

prohibited.

Driveway Locations

A1.8 Fences and courtyard walls on the road reserve

boundary have a 45 degrees splay of at least 1.3m

depth to assist visibility between vehicles and

pedestrians.

Shoalhaven Development Control Plan 2014

Chapter G12: Dwelling Houses, Additions and Ancillary Structures

Page | 20

Figure 6: Front Fencing

Views and Visual Privacy

Note:

Visual privacy is important for the residents of proposed and existing

dwelling houses. The design on new dwelling houses must

protect the privacy of residents and minimise the impact of existing

and future dwelling houses within proximity of your property.

The NSW Land & Environment has published a planning principle to

determine the impact on views. Any application that has potential to

impact views must address this planning principal and the controls

outlined below.

The specific objectives are to:

i. Ensure that impacts on views from existing dwelling houses are minimised, while

recognising that where compliance with the objectives and performance criteria is achieved

the expectations of there being no change to existing views is unreasonable.

ii. Ensure the impact on the visual privacy for existing adjacent indoor living areas and

principal private open space is reasonable.

Performance Criteria Acceptable Solutions

P1 The views of residents of

existing and future

dwellings in proximity to

the site are not

A1.1 Any reduction in views from existing dwellings are not

considered to be severe or devastating based on the

NSW Land and Environment Court Planning Principle

– Views.

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unreasonably affected.

P2 The visual privacy of

indoor living areas and

principal private open

space is protected.

A2.1 Direct views between living area windows of adjacent

dwellings are screened or obscured where ground

and first floor windows are within an area described

by taking a 9-metre radius from any part of the

window of the adjacent dwelling. An area so defined

is described as a “privacy sensitive zone”.

Note: Direct views may be obscured by one of the following

measures:

1.8 metre high solid fence or wall between ground floor level

windows or between a dwelling and open space.

Screening that has a maximum area of 25% openings, is

permanently fixed and is made of durable materials; and / or

Screening devices incorporating opaque materials and/or

vertical or horizontal fixed louvers or the like that provide an

effective screen; and/or

Landscape screening either by existing dense vegetation or

new planting that can achieve sufficient screening effectiveness

within three (3) years.

See Figure 7 for examples of minimising privacy issues.

P3 Direct overlooking of main

internal living areas and

principal private open

space of other dwellings

is minimised by building

layout, location and

designs of windows,

balconies, screening

devices, landscaping or

other effective means.

A3.1 Direct views from living areas of dwellings into the

principal area of private open space of other

dwellings are screened or obscured within a privacy

sensitive zone described by a 12m radius.

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Figure 7: Options to minimise privacy issues where overlooking is unavoidable

Freestanding privacy screens

Note:

You should check Codes SEPP to determine if the proposed privacy

screens are exempt development. If you do not fit the exempt

criteria, your application must address the controls below.

The specific objectives are to:

i. Reduce the impacts of freestanding privacy screen on surrounding residents; and

ii. Provide information for application seeking approval for privacy screens

Performance Criteria Acceptable Solutions

P1.1 The number of freestanding

privacy screens does not

A1.1 A maximum two (2) freestanding privacy screens

are permitted on each allotment.

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Performance Criteria Acceptable Solutions

constitute a composite

structure that is out of

character in the locality or

allotment.

P1.2 The location, height,

dimensions and materials of a

freestanding screen and

ancillary structures do not

cause significant loss of

amenity for occupants of

surrounding dwelling houses.

P1.3 The height of the freestanding

privacy screen is sufficient for

its purpose taking into account

site terrain and ground levels

and the relative location of a

person standing on either side

of the screen up to 1.0m

above the adjacent ground

level.

A1.2 A freestanding screen is located behind the

primary and secondary building line.

A1.3 The screen is freestanding and not attached to

any common boundary fence.

A1.4 The maximum height of a freestanding screen is

2.4m above ground level (exisiting) or the

adjacent boundary ground level which is the

lower.

A1.5 The maximum length of a freestanding screen is

6.0m; except where providing privacy for a

swimming pool in the maximum length to the

adjacent side of the pool plus 2.0m.

A1.6 Materials on both sides are new, a consistent

colour, shape and design to the development and

do not produce excessive glare.

A1.7 The privacy screen is structurally stable,

constructed with quality workmanship and

complies with the Building Code of Australia.

A1.8 The principal open space of adjoining dwellings

does not have the sunlight reduced to less than

three (3) hours of sun between the hours of 9am

and 3pm on the winter solstice (21st June).

Note:

You may need to lodge a credible and accurate shadow

diagram to demonstrate shadowing impacts of the privacy

screen. Council may notify the owner of adjoining land when

considering your application.

Solar Access

Solar access is the capacity for sunlight to be received on windows and thereby penetrate

into the indoor living spaces of a dwelling and relates to comfort levels for residents. A

reduction in solar access to north facing windows, solar collectors and the principal open

space of an adjoining dwelling may create an adverse impact for its residents. The

principal open space for use by the occupants of a dwelling does not mean entire private

yard areas.

In addition to the BASIX certificate that you must lodge with your development application, your proposal must demonstrate that the development does not reduce sunlight received by the north facing windows of living areas, solar collectors and principal open space of neighbouring properties to less than 3 hours between 9am – 5pm at the winter solstice (21st June).

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Note:

You should also refer to the NSW Land & Environment Court –

Planning Principle: Impact on Solar Access of Neighbours to ensure

your proposal satisfies the controls below.

The specific objectives are to:

i. Maximise the potential for passive solar design for energy efficiency in building design.

ii. Minimise overshadowing impacts of a development on adjoining properties;

iii. Preserve solar access to north facing solar collectors on adjoining properties i.e. solar hot

water panels, photovoltaic cells.

Performance Criteria Acceptable Solutions

P1.1 Dwelling houses

incorporate passive building

design to achieve the

efficient use of energy, water

and thermal comfort.

P1.2 Dwelling houses are sited to

minimise overshadowing of

neighbouring properties.

A1.1 The dwelling achieves the requirements of the NSW

Building Sustainability Index (BASIX) and a BASIX

certificate is included with your application.

A1.2 50% of the area of the windows or glazed doors of

north facing living areas and principal open space of

adjoining dwellings do not have their sunlight reduced

to less than three hours of sun between the hours of

9am and 3pm on the 21st June and a shadow

diagram will generally be required for:

two storey development particularly development

of streets running north-south.

development on sloping lots with south-east to

south-west aspects.

development within the minimum setbacks to

southern boundaries.

Note: You may be required submit a credible and accurate diagram

to demonstrate compliance.

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Car Parking, Driveways and Site Access

Note:

The provision of car parking for residents is necessary for all

residential development. The driveway location, grade and

construction on-site and the access to the street carriageway from

the property is important in achieving the safe movement of vehicles,

pedestrians and bicycle riders in the vicinity.

Controls for the number and construction of car parking spaces are

included in Chapter G21 ‘Car Parking and Traffic’. Additional vehicle

types such as boat trailers, caravans and large recreational vehicles

may also be parked or garaged on-site.

The specific objectives are to:

i. Provide for convenient and accessible on-site car parking for proposed and future

residents.

ii. Provide for accessible driveways and access from the public street to the property.

iii. Ensure the safety of pedestrians and bicycle riders in proximity to the driveway area.

Performance Criteria Acceptable Solutions

P1.1 Sufficient space is

provided onsite either as

covered or uncovered

space for car parking.

P1.2 Adequate parking space

exists within the property

for occasional visitors.

P1.3 The design of access from

the roadway to the

allotment and driveways

within the allotment has

regard for the

requirements for vehicles,

the safety of pedestrians

and cyclists.

P1.4 The access driveway onto

and within the land

provides all-weather

access for vehicles.

A1.1 For residential zoned allotments, the dwelling

design and siting allows space for at least two (2)

car/vehicle parking spaces on site, covered or

uncovered, behind the building line. This may be

achieved by either:

the space being provided within the building

envelope of the dwelling, or

the main building being set back sufficiently to

enable future covered car parking remaining

behind the building line setback, or

where parking spaces are being provided at

the rear of the dwelling, a minimum 2.4m wide

side setback clear of obstructions being

provided with access being practical for a

vehicle to be driven beside the main building.

A1.2 The required two parking spaces behind the

building line may be reduced to one space where:

additional storage is provided at the rate of

min. 8.0m2 for two bedroom dwellings and

min. 10m2 for dwellings of three or more

bedrooms. Note: This storage is to

accommodate larger items, such as sporting

equipment, bicycles and the like that may

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Performance Criteria Acceptable Solutions

otherwise be stored in the designated car

parking space (garage), and is to be additional

to kitchen cupboards, bedroom wardrobes and

the like; and

stack parking is available between the car

parking space and the front boundary.

Note: The internal dimensions for a single car space is 2.6m x

5.5m and 3.0 x 5.5m if enclosed by a wall or post supports and

for a two car space within a garage or where there is a wall or

post adjacent, the space is 5.8m x 5.5m. Dimensions are to be

clear of construction elements or obstructions.

A1.3 Except where the required building line is stated

elsewhere in this DCP, the car park area (garage

door, parking space) should be located no closer

than 5m from the front boundary, such that

provision is made for a visitor to park within the

driveway between the dwelling and the boundary.

A1.4 To ensure safe movement of vehicles, the grade of

the driveway not exceeding 1:4, with transitions in

accordance with Australian Standard 2890.1

(Section 2.6).

A1.5 The access from the roadway to the site, including

layback or piped crossing being in accordance

with Councils Engineering Design Guidelines.

Ancillary Structures

Note:

Ancillary structures include carports, garages, sheds, freestanding

pergola, swimming pools, tennis courts and the like. Although the

principal dwelling is usually the main building, a number of ancillary

structures may be built to provide additional facilities or features for

use by the residents.

Swimming pool requirements relating to safety fencing and gates

are contained in the Swimming Pool Act 1992 and associated

regulations.

The specific objectives are to:

i. Minimise the impacts of ancillary structures upon the surrounding properties.

ii. Ensure that residents have access to ancillary buildings and structures that are consistent

with domestic needs.

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Performance Criteria Acceptable Solutions

P1.1 The design of a carport,

garage or other residential

related freestanding

structure complements the

dwelling design and has

minimal impact on the

amenity and solar access

of adjoining properties.

P1.2 The size of a garage used

in conjunction with a

dwelling is appropriate for

the garaging of residents

vehicles.

R1, R2 (below 2000m2), R3 and RU5 Zones

A1.1 The floor area of a garage does not exceed 55m2 and

the height of the walls do not exceed 3.0m.

RU1, RU2, RU4, E2, E3, E4, R5 and R2 (above 2000m2)

Zones

A1.2 Where the land area is up to 1.0 hectare, the floor

area of the garage does not exceed 70m2.

Note: Proposals in excess of these dimensions must consider

impacts of overshadowing, bulk and the justification submitted by

applicants.

P2 The building is not

provided with facilities that

enable its use for

residential purposes

separate to the use of the

principal dwelling.

A2.1 The building is not capable of being used for habitable

dwelling purposes separate to the use of the principal

dwelling.

P3 The location of a

swimming pool or tennis

court does not adversely

impact the amenity of the

adjoining properties.

A3.1 For swimming pools, the filter is sited and installed

so as to minimise noise impacts.

A3.2 For tennis court surfaces and swimming pool

surrounds, the surfaces are drained to prevent

surface runoff to adjoining properties.

Stormwater Management

Note:

Uncontrolled discharge of stormwater from roof and paved surfaces

can cause nuisance impacts for residents. The NSW Government

requires reduction in water use in new dwellings and additions and

alterations to dwellings through the BASIX requirements. There is a

growing need to provide water tanks to detain and retain stormwater.

In addition to the controls outlined below, you must also consider

Chapter G2 ‘Sustainable Stormwater Management and Erosion

Sediment Controls’.

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The specific objectives are to:

i. Ensure stormwater is controlled in a way that minimises nuisance to adjoining properties.

ii. Set a minimum standard for the collection and management of stormwater on sites.

iii. Encourage rainwater harvesting of roofwater and the incorporation of pervious areas into

development proposals to assist deep soil landscaping.

iv. Prevent litter and sediment from building sites entering waterways.

Performance Criteria Acceptable Solutions

P1 The stormwater from roofed

areas is collected, stored

and/or conveyed to

appropriate discharge

points.

A1.1 Roof water is collected by gutter and downpipe

systems, or other equivalent means, and conveyed by

pipes complying with Part 3.1.2 of the Building Code

of Australia to an approved discharge point, being

either:

a) a gutter or table drain in a road reserve, or

b) a stormwater easement or easement to drain

water, or

c) a disposal / absorption trench, where (a) and (b),

above are not available, or

d) a water tank / on-site detention system with an

overflow connected to a disposal method in (a), (b)

or (c), above.

Note: Owners are encouraged to utilise harvested roofwater for

toilet and laundry use as well as garden watering. BASIX and/or

plumbing requirements may apply.

P2 Paved areas associated

with buildings and

driveways are graded and

drained to minimise the

discharge of surface water

onto adjoining land

Note: Impervious surfaces do not

permit the infiltration of stormwater.

These include roofs, solid paving and

the like.

A2.1 Surface water falling on paved areas associated with

buildings in urban areas and driveways is directed to an

approved discharge point (see A1, above) that

minimises impact upon adjoining land.

P3 Pervious areas including

landscaping are utilised to

reduce increased

stormwater runoff.

Note: Pervious surfaces are ones that

permit the infiltration of stormwater into

the subsurface soils.

A3.1 Where the area of buildings, pavement and other

impervious areas exceeds 65% of the site area, the

applicant must submit details of the methods used to

harvest rainwater, provide landscaping to minimise

increased runoff to surrounding land and public

stormwater infrastructure. The details should include

assessment of pre-development and post development

stormwater criteria. The area set aside for landscaping

should include 50% for deep soil landscaping to

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Performance Criteria Acceptable Solutions

encourage tree and shrub growth.

Notes:

1. The calculation of the 65% area may include reasonable

assumption of future paved areas such as driveways not shown

on plans at development application stage.

2. Deep soil landscaping is an area not covered by an impervious

surface that allows water on the site to infiltrate naturally to the

groundwater and allows for the future provision of mature

vegetation.

3. Pervious paving should be considered for infrequently trafficked

areas.

P4 There are sufficient site

management and sediment

and erosion controls

established to prevent the

discharge of sediment and

litter escaping from the site

during site works and

building operations.

A4.1 A silt fence or equivalent is provided and maintained

on the downhill slope of cut and fill areas or other

disturbed areas.

A4.2 At downhill driveway points an all-weather gravel or

similar surface is provided to minimise the movement

of sediment from the site.

A4.3 The erosion and control measures are to be retained

until the disturbed areas are revegetated. Work to be

in compliance with Council’s Guidelines for Stormwater

Protection on Building Sites.

Site Stability and Excavation

Note:

A significant number of dwelling house designs require site works,

generally including cut and fill, to effectively provide a level building

platform or suitable foundations. Excessive works can create

impacts upon adjoining lands, a need for structural retaining walls

and changes to drainage systems.

In addition to the controls below, your application must also Chapter

G26 ‘Acid Sulfate Soils and Geotechnical (Site Stability) Guidelines’

The specific objectives are to:

i. Ensure that development reflects the physical constraints prevalent on the site.

ii. Ensure that site disturbance is minimised.

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Performance Criteria Acceptable Solutions

P1 Buildings are designed and

constructed to adequately

address specific

geotechnical difficulties

that may exist on the site

and in the area.

A1.1 Buildings are located on land with a slope of less than

20% and are not in an area known or likely to be

subject to site stability problems.

P2 Buildings are designed to

utilise construction

techniques that are

sympathetic to the natural

slope of the land and

minimise excessive

disturbance of the site.

A2.2 Buildings are designed to utilise the natural slope of

the land by limiting cut and fill to a maximum of one (1)

metre each, or by utilising floor construction methods

that do not require cut and fill. Details will be required

detailing cut and fill levels, and indicating how these

areas will be stabilised (see Figure 8).

P3 The site works, including

excavated and filled areas,

will not have a significant

detrimental visual impact

on the streetscape or when

viewed from adjoining

properties.

A3.2 Excavated and filled areas being retained by

appropriately designed retaining walls or provided with

stabilised batter slope, with effective drainage systems

being provided. The size, shape and slope of the

allotment and the scale of the building will, in the

opinion of Council, facilitate the installation of erosion

and sediment control devices in compliance with

Council’s Guidelines for Stormwater Protection on

Building Sites.

P4 The building and site works

will not have a significant

detrimental impact on

surface or sub-surface

drainage on the site or on

adjoining properties.

A4.1 A soil and water management plan, consistent with

Council’s guidelines and demonstrating that measures

will be utilised both during and after construction to

control erosion and sedimentation of local water

courses and drainage systems has been submitted to

Council; and

A4.2 Buildings on land with a slope of 20% or greater or are

located in an area known or likely to be subject to site

stability problems to be accompanied by a

geotechnical report prepared by a suitability qualified

practising geotechnical engineer.

Note: The report will be required to examine the stability of the site;

whether the development of the site will adversely affect the stability

of the site; the stability of adjoining land; and whether the site

stability could have adverse effects on the proposed development.

The report is also to include recommendations of works required and

methods of construction to be used to ensure the stability of the

building, the site and adjoining properties.

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Figure 8: Maximum Cut and Fill

Environmental Constraints

Note:

A number of natural hazards occur in Shoalhaven that require

additional assessment against other controls not included in this

Chapter. Your application must detail the safety of your development

and how users will evacuate from the property if a natural event

occurs such as flood or bushfire. The table below provides outlines

the minimum assessment required for areas affected by a naturally

occurring event.

Table 3: Natural Hazard Assessment

Type of Hazard Minimum Assessment Required

Bushfire

Properties and their internal access mapped as bush fire

prone land in the Shoalhaven LEP

2014.

Detailed assessment against Planning for Bushfire

Protection (PBP) 2006

A bushfire risk assessment completed in accordance with

PBP 2006 which may include:

- A bushfire management plan and evacuation plan

- Details of asset protection zones

- Permitter road around the development area

- Access for fire fighting vehicles

- Secondary vehicular access

- Appropriate landscaping

- Water storage for firefighting purposes

- Onsite firefighting equipment and on-site managers

trained in its use

- Appropriate level of construction depending on the

category of bush fire attack

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Type of Hazard Minimum Assessment Required

Flooding

Properties and their internal

access affected by:

Clause 7.3 of Shoalhaven LEP

2014 (insert link); or

Within the probable maximum

flood (PMF) area (as defined in

Chapter G9 ‘Development on

Flood Prone Land’); or

With a history of flooding.

Assessment against the controls of Chapter G9

‘Development on Flood Prone Land’.

Your application may need to be supported by a flood risk

assessment or evacuation management plan if required

by Chapter G9.

Steep and Unstable Land

Properties and their internal access with a slope exceeding 12% or affected by Clause 7.7 of Shoalhaven LEP 2014 (insert link).

Assessment against the controls of Clause 7.7 of Shoalhaven LEP 2014 (insert link);

A geotechnical report may be required depending on the

stability of the site (see Chapter G26 ‘Acid Sulfate Soils

and Geotechnical (Site Stability) Guidelines’).

Requirements for Demolition and Waste Minimisation

Note:

The work associated with the demolition of buildings can create

adverse impacts. When the building contains hazardous materials

such as bonded and friable asbestos, there are additional health

risks that require precautions and practices to minimise harm to the

demolisher as well as occupants of the site and surrounding sites.

The NSW Workcover Authority provides standards and guidelines

for demolition works.

Waste building materials and litter that is generated during

demolition and building work may include materials that can be

recycled or re-used. Council requires applicants to prepare a waste

minimisation and management plan and this includes identifying

ways to minimise the amount of waste that ends up in landfill.

The specific objectives are to:

i. Minimise the impact of the demolition of buildings and structures on residents and

surrounding lands.

ii. Provide standards where bonded and friable asbestos removal is involved.

iii. Encourage the reuse and recycling of building materials recovered from demolition works.

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Performance Criteria Acceptable Solutions

P1.1 Buildings and structures are

demolished in a manner to

minimise the impact upon

residents, adjoining land

and pedestrians.

P1.2 Where buildings and

structures to be demolished

contain or may contain

asbestos, the demolition

works are carried out in a

safe manner and in

accordance with statutory

requirements.

P1.3 Demolition materials or

building and other waste

that is generated through

the development are:

contained and

transported to minimise

adverse impacts upon

the neighbourhood; and

reused or recycled

where possible to

minimise waste that is

ultimately disposed of to

landfill.

A1.1 Applicants demonstrate that the method to be used to

carry out demolition works, can achieve compliance

with Council’s policy - Demolition and Renovation of

Buildings Containing Asbestos.

A1.2 Demolition, where asbestos materials may be found, is

carried out to meet the licencing, legislation and

WorkCover guidelines.

A1.3 Applicants demonstrate that compliance with a waste

minimisation and management plan can be

achieved.

Note: Refer to Council’s Waste Minimisation and Management Plan

Guidelines and Chapter G7 ‘Waste Minimisation & Management

Controls’.

A1.4 Waste materials and litter are contained within the site

to prevent windblown and runoff impacts to the

surrounding area.

Heritage

Note:

The characteristics of a place are formed by several factors

including heritage. The retention of certain buildings, structures,

items and landscaped forms will maintain a link with past

development of an area.

The specific objectives are to:

i. Ensure the preservation of the distinctive character of a building, feature or area that is

identified as being of heritage significance; and

ii. Ensure the development is compatible with the heritage characteristics of buildings and

features on the site and on adjoining sites.

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Performance Criteria Acceptable Solutions

P1 The heritage

characteristics identified on

the site or on adjoining

areas is not detrimentally

impacted by the building

and site works .

P2 The building and site works

will be compatible with the

identified heritage

characteristics of the site,

buildings and adjoining

sites.

A1.1 Where an item of environmental heritage, including

buildings, is identified by the SLEP 2014 the applicant

submits a heritage impact statement prepared by an

appropriately qualified and experienced person that

demonstrates that the heritage characteristics of a site

or adjoining sites will not be detrimentally impacted by

the building and site works.

Temporary Occupation of Building Sites

Note:

During the period of construction of a dwelling or ancillary structure

there may be a request for the short term occupation of the site of

existing buildings, temporary buildings, caravans or the like. Where

an application is made, the occupation may be limited to a maximum

of 12 months and be conditional upon there being a construction

certificate issued for the dwelling or building in question.

The specific objectives are to:

i. Provide for a limited circumstance where the temporary occupation of a building site is

acceptable.

ii. Minimise any adverse impacts of the temporary occupation of a building site.

Performance Criteria Acceptable Solutions

P1 The occupation of the site is in

conjunction with the construction of

a dwelling that has been

approved.

A1.1 A construction certificate has been issued for a

dwelling and any structure intended to be

occupied on a temporary basis.

P2 The applicant demonstrates there

are sufficient facilities to maintain

acceptable personal hygiene and

public health standards

A2.1 There are sufficient cooking, laundry, ablution

and sanitary facilities available that are

connected to the sewer or in unsewered areas,

an approved sewage management system.

P3 The installed facilities are capable

of being removed and the

remaining approved structure

reverted to the originally intended

A3.3 The facilities are capable of removal and the

structure capable of conversion to its original

intended use upon occupation of the dwelling.

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Performance Criteria Acceptable Solutions

use of the structure

Resited Dwellings and Use of Second Hand Materials.

Note:

The effective completion of a project to resite a dwelling requires

that the building is suitable for relocation and can be restored in

accordance with Building of Code Australia requirements and

good building practices.

Buildings that contain bonded and friable asbestos materials may be

more difficult to relocate. Council requires lodgement of a bond or

bank guarantee against completion.

The specific objectives are to:

i. Ensure the materials used in construction are sound and suitable for their intended use.

ii. Provide guidelines to applicants for approval of a resited dwelling or structure.

Performance Criteria Acceptable Solutions

P1 The applicant

demonstrates the suitability

of the second hand

material for its intended

use, and that the external

appearance is compatible

with the surrounding

developments.

A1.1 Second hand materials used in dwelling and ancillary

building construction are sound and appropriate.

P2 The dwelling or structure

being resited is in good

repair and structurally

sound in its previous

permanent location.

A2.1 The materials and external finish is compatible with the

surrounding development.

A2.2 The dwelling or structure proposed to be resited is

capable of being restored and damaged materials

replaced before occupation of the building

A2.3 For buildings being resited, asbestos wall and roof

sheeting being removed by a Workcover licensed

contractor before relocating to the proposed site.

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Siting and Construction of Garages, Sheds and like structures on Vacant Land

Note:

Generally the construction of non-habitable building structures on

vacant residential or rural residential land are not permitted.

However, where an applicant provides sufficient justification for such

a structure, consideration may be given to the proposal, subject to

the owner of the land furnishing Council with a written undertaking

that such non-habitable structure on vacant land will not be used for

residential purposes. For rural zoned land, it is appreciated that

some structures may be justified to enable maintenance of or

operation of the land.

The specific objectives are to:

i. Minimise the impacts upon the site and surrounding lands of the construction of structures

before the construction of a dwelling.

ii. Ensure that non-habitable building structures on vacant residential or rural residential land

are not used for residential purposes.

Performance Criteria Acceptable Solutions

P1.1 The location of the structure

enables further development of the

site with a dwelling that complies

with this DCP.

P1.2 The use of the structure is justified.

P1.3 The structure is not used for

habitable purposes. Owner of the

land must furnish Council with a

written undertaking that a non-

habitable building structure on

vacant land will not be used for

residential purposes.

A1.1 The structure is located so as not to preclude

the development of a dwelling on the land.

A1.2 The walls of the structure are at least 900mm

from a side or rear boundary and behind the

front building line applicable to the site, and

does not impact upon storm water drainage

systems or sewer mains.

Note: Your application must also comply with Shoalhaven

Water’s policies and requirements.

Building adjacent to Drainage Easements and Sewers

Note:

Where dwellings and ancillary structures are to be located near

drainage easements and sewer mains in proximity to the building

site, the loadings from the buildings cannot interfere with the

easements or pipelines. This is because damage can occur to the

infrastructure and access for future maintenance must be

maintained. Applicants should identify the locations and pipe depths

of this infrastructure to assist in the structural design of the buildings.

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Chapter G12: Dwelling Houses, Additions and Ancillary Structures

Page | 37

The specific objectives are to:

i. Ensure the integrity of services and utilities located within an easement.

ii. Protect the integrity of pipelines and associated infrastructure.

Performance Criteria Acceptable Solutions

P1.1 The pipeline and drainage

system within a drainage

easement or easement to

drain water is not disturbed

or impacted due to works

associated with the

development of a site for

residential use.

P1.2 The sewer mains and

associated structures and

pipelines are not disturbed

due to works associated

with the development of a

site for residential use.

A1.1 The location of the building does not encroach upon or

over a drainage easement or easement to drain water.

A1.2 The live and dead loads of the structure and its

supporting footing are transferred to a depth equal to

or below the invert of the pipeline within the easement

or of the sewer main and are outside the zone of

influence relating to the pipeline.

A1.3 Buildings adjacent to a sewer main comply with

Council’s policy - Building Over Sewers Policy.

A1.4 The existence and terms of a restriction as to user,

associated with Part 6 of the Conveyancing Act 1919,

that affects the siting of the dwelling or structures is

identified by the applicant in applications for approval

Shoalhaven Development Control Plan 2014

Chapter G12: Dwelling Houses, Additions and Ancillary Structures

Page | 38

6 Advisory Information

Other legislation or policies you may need to check 6.1

Council Policies

& Guidelines

Guidelines for Stormwater Protection on Building Sites.

Engineering Design Guidelines

Building Over Sewers Policy

Waste Minimisation and Management Plan Guidelines

Demolition and Renovation of Buildings Containing Asbestos

Shoalhaven Water’s policies and requirements

External Policies

& Guidelines

Workcover Authority standards and guidelines for demolition works.

Planning for Bushfire Protection 2006 (as amended)

Building Code of Australia

Relevant Australia Standards including AS2890.1

NSW Land & Environment Court – Planning Principle: Impact on Solar

Access of Neighbours

NSW Land & Environment Court – Planning Principle: Vies

Legislation State Environmental Planning Policy (Building Sustainability Index:

BASIX) 2004

Dividing Fences Act 1991

Swimming Pool Act 1992 and associated regulations.