Australian Capital Territory Numbered Regulations

PLANNING AND DEVELOPMENT AMENDMENT REGULATION 2008 (NO 1) (NO 8 OF 2008) - REG 40

substitute

1.106     Resiting of buildings with development approval

    (1)     In this section:

"prescribed general exemption criteria" means the general exemption criteria, other than section 1.16 (Criterion  6—development approval not otherwise required).

Note     General exemption criteria —see s 1.10.

    (2)     The horizontal resiting of a building on a block if—

        (a)     development approval has been given for the building; and

        (b)     the development approval does not require the building be built immediately adjacent to a boundary of the block; and

        (c)     the building is resited not more than 150mm horizontally from where the approval shows the building is to be sited; and

        (d)     the resiting does not result in the building being located less than 900mm from a boundary of the block; and

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

Example—par (c)

The development approval for a building requires the horizontal distance between the building and an adjacent boundary to be 2000mm. The building is built with the distance being 1900mm (100mm less than required). This resiting of the building is an exempt development.

Note     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).

1.107     Resiting of exempt buildings

    (1)     In this section:

"prescribed general exemption criteria" means the general exemption criteria, other than section 1.18 (Criterion  8—compliance with other applicable exemption criteria).

Note     General exemption criteria —see s 1.10.

    (2)     The horizontal resiting of a building on a block if—

        (a)     apart from this section, the building is exempt from requiring development approval because it is located within a horizontal location criterion that must be met for the building to be exempt; and

        (b)     the criterion does not require the building be built 150mm off a boundary of the block; and

        (c)     the resiting does not result in the building contravening the criterion by more than 50mm horizontally; and

        (d)     the resiting of the building complies with the prescribed general exemption criteria that are applicable to the development.

Example—par (b)

Construction of a house is exempt from requiring a development approval if the house will comply with the exemption criteria in a code under the territory plan. One criterion requires the house to be no closer than 1.50m to a side boundary. The house is constructed 1.45m horizontally from the boundary (50mm less than required). The resiting of the house is an exempt development because the resiting contravenes the criterion by no more than 50mm.

Note     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).