PLANNING AND DEVELOPMENT AMENDMENT REGULATION 2008 (NO 1) (NO 8 OF 2008)

Australian Capital Territory Numbered Regulations

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PLANNING AND DEVELOPMENT AMENDMENT REGULATION 2008 (NO 1) (NO 8 OF 2008) - REG 29

Schedule 1, division 1.3.2

substitute

Division 1.3.2 Exempt developments—non-habitable buildings and structures

Subdivision 1.3.2.1 Preliminary

1.40 Meaning of class 10a building —div 1.3.2

In this division:

class 10a building includes the following:

(a) a garage, carport or shed;

(b) a conservatory, greenhouse, gazebo, pergola, shelter, shade structure or hail protection structure, studio, workshop or cubbyhouse;

(d) a deck, verandah, porch, landing, stairs or ramp.

Note 1 Class , for a building or structure, means the class of building or structure under the building code (see dict).

Note 2 A swimming pool is not a class 10a building (see building code).

1.41 Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area

(1) In this section:

"boundary clearance area", for a side boundary or rear boundary of a block, means the area between the boundary and a line drawn 1.5m inside the block and parallel to the boundary.

class 10 building or structure does not include a sign installed on land.

"relevant cross-section area", of a building or structure partially or fully within a boundary clearance area, means the area of the largest cross-section of the building or structure at any point in the area when measured in a plane parallel to the boundary.

(2) A designated development for a class 10 building or structure (the 2nd thing ) in a boundary clearance area of a block if—

(a) an existing class 10 building or structure (the 1st thing ) is partially or fully in a boundary clearance area of the block; and

(b) the 2nd thing would be exempt under another section of this schedule if the 1st building were not located partially or fully within the boundary clearance area; and

(d) the 1st thing and 2nd thing—

(i) are the only class 10 buildings or structures (other than a boundary fence) that are partially or fully within the boundary clearance area; and

(ii) have a combined relevant cross-section area above natural ground level of not more than 30m ²; and

(e) the designated development complies with the general exemption criteria that are applicable to the development.

Example—par (d) (ii)

A regular-shaped, flat-roofed, garden shed faces parallel to and is 1m from the boundary of a block. Its relevant cross-section area is the area of the rectangles bounded by the shed wall that faces the boundary and the edge of its roof, a total area of 15m ².

The block's owner proposes to build a 2nd class 10a building which is a circular rotunda with a domed roof. Its relevant cross-section area is the largest cross-section of the rotunda at any point in the boundary clearance area when measured in a plane parallel to the boundary, an area of 18m ².

Because the combined relevant cross-section areas of shed and rotunda are more than 30m ², the rotunda does not comply with this section and is not exempt from a development application.

Note 1 Designated development —see s 1.2.

Note 2 General exemption criteria —see s 1.10.

Note 3 An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(3) To remove any doubt, this section applies in relation to the boundary clearance area of each side boundary and rear boundary of a block.

Subdivision 1.3.2.2 Class 10a buildings

1.45 Roofed class 10a buildings—enclosed or open on 1 side

(1) A designated development for a class 10a building on a block if—

(a) the building is not an external deck or external verandah; and

Note For external decks, see s 1.48 and for external verandahs, see s 1.49.

(b) the building is enclosed by a roof and has walls on—

(i) each of its sides; or

(ii) each of its sides except for 1 side; and

Note Natural ground level —see the territory plan, vol 2, pt 3 (Definitions).

(d) the building does not exceed the size limitation for the block; and

(e) the building complies with the setback requirement for the block; and

(f) if any part of the building is within 1.5m of a side boundary or rear boundary of the block—

(i) the building is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or

(ii) section 1.41 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the building; and

(g) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development —see s 1.2.

Note 2 General exemption criteria —see s 1.10.

(2) In this section:

"setback requirement", for a building in relation to a block, means—

(a) if the building has a plan area of not more than 10m ²—the building is behind the building line for the block; or

(b) if the building has a plan area of more than 10m ²—the building is behind the building line for the block and at least 15m from the block's front boundary

Note 1 Building line and "front boundary"—see the territory plan, vol 2, pt 3 (Definitions).

Note 2 Plan area —see the dictionary.

"size limitation", for a building in relation to a block, means—

(a) if the size of the block is not more than 500m ²—the building has a plan area of not more than 10m ²; or

(b) if the size of the block is 500m ²or more but less than 600 m ²—the building has a plan area of not more than 25m ²; or

1.46 Roofed class 10a buildings—unenclosed or partially open

A designated development for a class 10a building on a block if—

(a) the building is not an external deck or external verandah; and

Note For external decks, see s 1.48 and for external verandahs, see s 1.49.

(b) the height of the building is not more than 3m above natural ground level; and

Note Natural ground level —see the territory plan, vol 2, pt 3 (Definitions).

(i) is enclosed by a roof which has a plan area of not more than 25m ²; and

Note Plan area —see the dictionary.

(ii) has walls on not more than 2 of its sides; and

(d) the building is behind the building line for the block; and

Note Building line —see the territory plan, vol 2, pt 3 (Definitions).

(e) if the building has a floor—the height of the finished floor level is not more than—

(i) for any part of the building that is within 1.5m of a side boundary or rear boundary of the block—0.4m above natural ground level; and

(ii) in any other case—1m above finished ground level; and

(f) if any part of the building is within 1.5m of a side boundary or rear boundary of the block—

(i) the building is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or

(ii) section 1.41 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the building; and

(g) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development —see s 1.2.

Note 2 General exemption criteria —see s 1.10.

1.47 Class 10a buildings—unroofed and unenclosed

A designated development for a building on a block if—

(a) the building is not an external deck or external verandah; and

Note For external decks, see s 1.48 and for external verandahs, see s 1.49.

(b) the building does not have a roof or any walls; and

Note Natural ground level —see the territory plan, vol 2, pt 3 (Definitions).

(d) if the building has a floor—the height of the finished floor level is not more than—

(i) for any part of the building that is within 1.5m of a side boundary or rear boundary of the block—0.4m above natural ground level; and

(ii) in any other case—1m above finished ground level; and

(e) the building is behind the building line for the block; and

Note Building line —see the territory plan, vol 2, pt 3 (Definitions).

(f) if any part of the building is within 1.5m of a side boundary or rear boundary of the block—

(i) the building is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or

(ii) section 1.41 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the building; and

(g) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development —see s 1.2.

Note 2 General exemption criteria —see s 1.10.

1.48 Class 10a buildings—external decks

(1) In this section:

"balustrade" includes a barrier that acts as a balustrade.

"deck" includes any of the following for the deck:

(a) external stairs or ramp;

(b) an external landing;

(2) A designated development for an external deck on a block if—

(a) the deck does not have a roof; and

(b) the height of the finished floor level of the deck is not more than—

(i) for any part of the deck that is either between a front boundary and a building line for the block or within 1.5m of a side boundary or rear boundary of the block—0.4m above natural ground level; and

(ii) in any other case—1m above finished ground level; and

Note Building line , front boundary" and "natural ground level —see the territory plan, vol 2, pt 3 (Definitions).

(c) if any part of the deck is between a front boundary and a building line for the block—that part of the deck does not have a balustrade; and

(d) if any part of the deck is behind a building line for the block—the height of any balustrade for that part of the deck is not more than 1.2m above the finished floor level for the deck; and

(e) if any part of the deck is within 1.5m of a side boundary or rear boundary of the block—

(i) the deck is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or

(ii) section 1.41 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the deck; and

(f) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development —see s 1.2.

Note 2 General exemption criteria —see s 1.10.

1.49 Class 10a buildings—external verandahs

(1) In this section:

"verandah" includes any of the following for the verandah:

(a) external stairs or ramp;

(b) an external landing;

(2) A designated development for an external verandah on a block if—

(a) the verandah is attached to, or immediately adjacent to, a dwelling on the block; and

(b) the plan area of the verandah is not more than 10m ²; and

Note Plan area —see the dictionary.

(i) higher than 3m above natural ground level; or

Note Natural ground level —see the territory plan, vol 2, pt 3 (Definitions).

(ii) within 5.5m from the front boundary of the block; or

(iii) within 1.5m of a side boundary or rear boundary of the block; and

(d) if the verandah has a floor—the height of the finished floor level is not more than 1m above finished ground level; and

(e) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development —see s 1.2.

Note 2 General exemption criteria —see s 1.10.

Subdivision 1.3.2.3 Class 10b structures

1.50 Class 10b structures—plan area not more than 2m ²

Note Class 10b structures include the following:

• a fence, retaining wall or freestanding wall

• a mast or antenna

• a swimming pool.

(1) A designated development for a class 10b structure, other than a sign, on a block if—

(a) the plan area of the structure is not more than 2m ²; and

Note Plan area —see the dictionary.

(b) the structure is not—

(i) wider than 2m; or

(ii) higher than 1.85m above natural ground level; and

Note Natural ground level —see the territory plan, vol 2, pt 3 (Definitions).

(c) if the structure has a floor—the height of the finished floor level is not more than 0.4m above natural ground level; and

(d) if the structure is not a single letterbox—no part of the structure is between a front boundary and a building line for the block; and

Note Building line and "front boundary"—see the territory plan, vol 2, pt 3 (Definitions).

(e) the height of any part of the structure that is within 1.5m of a side boundary or rear boundary of the block is not more than 0.4m above natural ground level; and

(f) if any part of the structure is within 1.5m of a side boundary or rear boundary of the block—

(i) the structure is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or

(ii) section 1.41 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the structure; and

(g) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development —see s 1.2.

Note 2 General exemption criteria —see s 1.10.

1.51 Fences and freestanding walls generally

(1) In this section:

"fence" does not include a basic paling fence for an open space boundary.

Note Basic paling fence —see the Act, s 416A (see this sch, s 1.1).

(2) A designated development for a fence for, or freestanding wall on, a block if—

(a) the fence or wall is not higher than—

(i) for a mesh fence in an industrial zone—2.7m above natural ground level; or

(ii) in any other case—1.85m above natural ground level; and

Note Natural ground level —see the territory plan, vol 2, pt 3 (Definitions).

(b) no part of the fence or wall is between a front boundary and a building line for the block; and

Note Building line and "front boundary"—see the territory plan, vol 2, pt 3 (Definitions).

(i) in a way that causes ponding; or

(ii) onto other land; and

(d) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development —see s 1.2.

Note 2 General exemption criteria —see s 1.10.

Note 3 A metal fence must not have a white, off-white or metallic exterior finish (see s 1.13).

1.52 Basic open space boundary fences

Note The Act, s 416A defines open space boundary as meaning a boundary between leased and unleased land (see this sch, s 1.1).

(1) A designated development for a fence for an open space boundary for a block if—

(a) a development requirement for the block requires the building of a basic paling fence for the boundary; and

Note Basic paling fence —see the Act, s 416A.

(b) the fence—

(i) is not higher than 1.85m above natural ground level; and

(ii) is a basic paling fence or complies with subsection (2); and

(i) in a way that causes ponding; or

(ii) onto other land; and

(d) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development —see s 1.2.

Note 2 General exemption criteria —see s 1.10.

(2) A fence for an open space boundary for a block complies with this subsection if—

(a) the fence's panels and support structure are—

(i) made of unperforated metal; and

(ii) finished in a precoloured proprietary finish; and

(iii) used in accordance with the manufacturer's relevant written instructions; and

(b) all sharp edges of metal sheets are capped; and

(i) the panels are of the same material, flatness and corrugation (if any); and

(ii) all of the visible components (other than fasteners, footings and the cut ends of components) are the same external colour as the panels; and

(iii) the component's colour is a solid colour that is, or closely matches, a colour from AS 2700 ( Colour Standards for General Purposes ) mentioned in part 1.4 (Permitted open space boundary fence colours); and

(iv) the form, finish and colour of the fence is the same for the full length of the open space boundary for the block for that side of the fence.

(3) In this section:

"development requirement"—see the Act, section 416A.

1.53 Retaining walls

(1) A designated development for a retaining wall on a block if—

(a) no part of the retaining wall is between a front boundary and a building line for the block; and

Note Building line and "front boundary"—see the territory plan, vol 2, pt 3 (Definitions).

(b) the retaining wall is not higher than—

(i) if it is a cut-in retaining wall—

(A) for any part of the wall that is within 1.5m of a side boundary or rear boundary of the block—0.4m above natural ground level on the lowest side of the wall; and

(B) for any other part of the wall—1.2m above natural ground level on the lowest side of the wall; and

(ii) if it is a fill retaining wall—

(A) for any part of the wall that is within 1.5m of a side boundary or rear boundary of the block—0.4m above natural ground level on the lowest side of the wall; and

(B) for any other part of the wall—1m above natural ground level on the lowest side of the wall; and

(iii) if it is a combination retaining wall—

(A) for any part of the wall that is within 1.5m of a side boundary or rear boundary of the block—0.4m above natural ground level on the lowest side of the wall; and

(B) for any other part of the wall—1.2m above natural ground level on the lowest side of the wall; and

Note Natural ground level —see the territory plan, vol 2, pt 3 (Definitions).

(i) the retaining wall is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or

(ii) section 1.41 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the retaining wall; and

(d) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development —see s 1.2.

Note 2 General exemption criteria —see s 1.10.

(2) In this section:

"combination retaining wall" means a retaining wall that is both a cut-in retaining wall and a fill retaining wall.

"cut-in retaining wall" means a wall, or that part of a wall, retaining earth below natural ground level.

"fill retaining wall" means a wall, or that part of a wall, retaining earth above natural ground level.

1.54 Swimming pools

(1) A designated development for a swimming pool on a block if—

(a) no part of the pool, or an associated structure, is—

(i) between a front boundary and a building line for the block; or

(ii) within 1.5m of a side boundary or rear boundary for the block; and

(b) if the pool includes an associated structure with an elevated floor—the height of the finished floor level is not more than 1m above finished ground level; and

Note Natural ground level —see the territory plan, vol 2, pt 3 (Definitions).

(d) the height of the pool's reservoir is not more than 1.5m above natural ground level; and

(e) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development —see s 1.2.

Note 2 General exemption criteria —see s 1.10.

(2) In this section:

"associated structure", in relation to a swimming pool—

(a) includes a deck, landing, stairs or ramp, for the pool; but

(b) does not include a retaining wall or landscaping for the pool.

"swimming pool"—see the Building (General) Regulation 2008 , schedule 1, section 1.1.

1.55 Water tanks

(1) In this section:

"prescribed general exemption criteria" means the general exemption criteria, other than section 1.13 (Criterion 3—metallic, white and off-white exterior finishes in residential zones).

Note General exemption criteria —see s 1.10.

(2) A designated development for a water tank on a block if—

(a) the tank does not have a capacity of more than 20kL; and

(b) the height of the tank is not more than 2.45m above natural ground level; and

Note Natural ground level —see the territory plan, vol 2, pt 3 (Definitions).

(d) if any part of the tank is within 1.5m of a side boundary or rear boundary of the block—

(i) the tank is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or

(ii) section 1.41 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the tank; and

(e) the designated development complies with the prescribed general exemption criteria that are applicable to the development.

Note Designated development —see s 1.2.

1.56 External ponds

A designated development for an external pond on a block if—

(a) the pond is not for, or used for, swimming, wading or bathing; and

(b) the maximum depth of water the pond can hold is not more than 300mm; and

(c) the surface area of the water in the pond is not more than 6m ²when the pond is filled to its maximum water level (without overtopping effects); and

(d) no part of the pond is within 1.5m of a side boundary or rear boundary of the block; and

(e) no part of the pond is located between a front boundary and a building line for the block; and

Note Building line and "front boundary"—see the territory plan, vol 2, pt 3 (Definitions).

(f) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development —see s 1.2.

Note 2 General exemption criteria —see s 1.10.

1.57 Animal enclosures

(1) A designated development for an animal enclosure on a block if—

(a) the enclosure's plan area is not more than 10m ²; and

Note Plan area —see the dictionary.

(b) the enclosure's height is not more than 3m above natural ground level; and

Note Natural ground level —see the territory plan, vol 2, pt 3 (Definitions).

Note Building line and "front boundary"—see the territory plan, vol 2, pt 3 (Definitions).

(d) if any part of the enclosure is within 1.5m of a side boundary or rear boundary of the block—

(i) the enclosure is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or

(ii) section 1.41 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the enclosure; and

(e) the designated development complies with the general exemption criteria, other than the excluded criteria, that are applicable to the development.

Note 1 Designated development —see s 1.2.

Note 2 General exemption criteria —see s 1.10.

Note 3 Other laws, including animal welfare laws, may be relevant (see s 1.4).

(2) In this section:

"excluded criteria" means any other criteria in division 1.3.2 (Exempt developments—non-habitable buildings and structures), other than section 1.41, that apply to the development.

Note The general exemption criteria include s 1.18 (Criterion 8—compliance with other applicable exemption criteria) which provides that a development must comply with any other criteria in pt 1.3 that apply to the development.

1.58 Clothes lines

(1) A designated development for a clothes line on a block if—

(a) the clothes line's height (including any extendable part extended) is not more than 3m above natural ground level; and

Note Natural ground level —see the territory plan, vol 2, pt 3 (Definitions).

(b) total line length is not more than 60m and the span or cantilever of any support is not more than 3m; and

Note Building line and "front boundary"—see the territory plan, vol 2, pt 3 (Definitions).

(d) if any part of the clothes line is within 1.5m of a side boundary or rear boundary of the block—

(i) the clothes line is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or

(ii) section 1.41 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the clothes line; and

(e) the designated development complies with the general exemption criteria, other than the excluded criteria, that are applicable to the development.

Note 1 Designated development —see s 1.2.

Note 2 General exemption criteria —see s 1.10.

(2) In this section:

"excluded criteria" means any other criteria in division 1.3.2 (Exempt developments—non-habitable buildings and structures), other than section 1.41, that apply to the development.

1.59 Dish antennas

(1) In this section:

dish antenna means a parabolic antenna with a solid, wire or mesh dish and includes the support structures for the antenna.

(2) A designated development for a dish antenna on a block if—

(a) the antenna is a receiving antenna only or an antenna that can send and receive a signal; and

(b) if the antenna is mounted on the ground—

(i) the diameter of the antenna is not more than 1.55m; and

(ii) the height of the antenna is not more than 3m above natural ground level; and

Note Natural ground level —see the territory plan, vol 2, pt 3 (Definitions).

(i) the diameter of the antenna is not more than 0.65m; and

(ii) if the building is a single dwelling where the closest point of the dwelling's roof to the antenna is lower than the highest point of the antenna—the distance from the highest point of the antenna to the closest point on the roof is not more than 1.5m; and

(d) if the antenna is externally mounted on a building in a non-residential area—

(i) the diameter of the antenna is not more than 1.55m; and

(ii) if the closest point of the building's roof to the antenna is lower than the highest point of the antenna—the distance from the highest point of the antenna to the closest point on the roof is not more than 2m; and

(iii) the antenna is screened so that it cannot be seen by a 2m tall person standing on the ground less than 100m from the antenna; and

(iv) the antenna's colour matches the adjacent colour of the building or is the colour of the antenna as manufactured; and

(e) if any part of the antenna is within 1.5m of a side boundary or rear boundary of the block—

(i) the antenna is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or

(ii) section 1.41 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the antenna; and

(f) the designated development complies with the general exemption criteria that are applicable to the development.

Note 1 Designated development —see s 1.2.

Note 2 General exemption criteria —see s 1.10.

1.60 Mast antennas

(1) In this section:

"mast antenna" means a tower, pole or aerial structure and includes the support structures for the antenna.

(2) A designated development for a mast antenna on a block if—

(a) the antenna is a receiving antenna only or an antenna that can send and receive a signal; and

(b) the diameter of the antenna is not more than 0.75m; and

(i) the height of the antenna is not more than 6m above natural ground level; or

(ii) if any part of the antenna is within 1.5m of a side boundary or rear boundary of the block—no part of the antenna is more than 6m above natural ground level; and

(d) if the antenna is mounted on a building—

(i) no part of the antenna is more than 1.5m above the highest point of the building; and

(ii) the antenna's colour matches the colour of the building; and

(e) if any part of the antenna is within 1.5m of a side boundary or rear boundary of the block—

(i) the antenna is the only class 10 building or structure (other than a boundary fence) that has any part of it that is within 1.5m of the boundary; or

(ii) section 1.41 (Class 10 buildings and structures—2nd exempt building or structure within boundary clearance area) applies to the antenna; and

(f) the designated development complies with the general exemption criteria, other than the excluded criteria, that are applicable to the development.

Note 1 Designated development —see s 1.2.

Note 2 General exemption criteria —see s 1.10.

(3) In this section:

"excluded criteria" means any other criteria in division 1.3.2 (Exempt developments—non-habitable buildings and structures), other than section 1.41, that apply to the development.

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