Second building in clearance area

Exemptions from development and building approval may apply where there is an exempt class 10 building or structure within the boundary clearance area of a block and a second class 10 building or structure is proposed.

Example: A garage is located immediately adjacent to a common boundary of a block and a garden shed is to be added next to the garage and the boundary. 

Exemptions from development approval

The development does not need development approval if it complies with relevant provisions of the Planning and Development Regulation 2008, Schedule 1. Below is a summary of the provisions:

  • it is an existing class 10 building or structure (the first thing), other than a sign installed on land, partially or fully in a boundary clearance area of the block
  • the second thing (the development) would be DA exempt if the first thing were not located partially or fully within the boundary clearance area
  • the second thing is not a boundary fence
  • the first thing and second thing are the only class 10 buildings or structures (other than a boundary fence) that are partially or fully within the boundary clearance area
  • the first thing and second thing have a combined relevant cross-section area above natural ground level of not more than 30 square metres
The combined area of the dark blue vertical planes must not be more than 30 square metres’

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.

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.

Also see definitions.

Exemptions from building approval

The development does not need building approval if it complies with relevant provisions of the Building (General) Regulation 2008, Schedule 1, which in summary provides that the building or structure is exempt from requiring building approval. BA exemptions are not dependant on the numbers of buildings or structures located in boundary clearance areas.

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