The steps of Complying Development applications by Heath McNab

The following is a guide to the State Environmental Planning Policy- Exempt and Complying Development Codes 2008: Part 3 General Housing Code (referred to as “the SEPP”). This information is a guide only and shall not be relied upon solely. Please discuss with your relevant consultant or local Council for advice specific to your situation.

Before commencing even an initial concept design it must be established whether the subject lot is excluded from the SEPP. The surest and simplest method is to purchase a “Planning Certificate” (known as a Section 149 Certificate). Within this Certificate will be a statement akin to:

The above statement confirms that the land subject of this Certificate is not excluded from the SEPP and as such a Complying Development approval under Part 3: General Housing Code may be applied for.

If the land was excluded from the SEPP the statement would appear in this manner:

The above statement confirms that the land subject of this Certificate is excluded from the SEPP and as such a Complying Development approval under Part 3: General Housing code is unable to be issued under any circumstance. You will note there is a reason stated below as to why the land is excluded from the SEPP, in the above case the land contains a Heritage Item (Please note a Heritage Item is different to a Heritage Conservation Area)

Once it has been established that the lot is subject to the SEPP, you must then determine whether the lots zoning is appropriate. For the SEPP to apply the lot must be zoned R1, R2, R3, R4 or RU5. Unless the Council is working under a Standard Local Environmental Plan (LEP), the zoning for the lot may be referred to as another equivalent zone other than R1, R2, R3, R4 or RU5. To establish that this equivalent zone is in fact R1, R2, R3, R4 or RU5 you must refer to the applicable Council’s Equivalent Zoning Table. These tables were created by the Department of Planning and Infrastructure, they correlate between the zones, permitting you to confirm whether the lots zoning is as required by the SEPP. The tables may be accessed via this link; an example of a table (for Pittwater Council) is below.

Using the above table we can determine that land zoned 2(a) RESIDENTIAL A by Pittwater Council’s LEP of 1993, is the equivalent of R2 – LOW DENSITY RESIDENTIAL, as such lots within Pittwater Council with zoning 2(a) RESIDENTIAL A are subject to the SEPP.

After you have established that the subject lots zoning does not preclude it from the SEPP, you must then assess the size and shape of the land against the requirements of the SEPP. For the SEPP to apply the land must be at least 200sqm and be at least 6m wide measured at the building line. The building line is defined for the purposes of the SEPP as:

building line means the line of an existing or proposed external wall or roof edge of a building (other than a wall or roof of any building element within an articulation zone), or the outside face of any existing or proposed ancillary development, closest to a boundary of a lot.

If the subject lot is a battle-axe allotment then the lot must be serviced by an access laneway not less than 3m wide and the lot measure not less than 12m x 12m (excluding the access laneway).

If the lot has been assessed against all stated above and it has been determined that the lot is in fact subject to the SEPP, then an initial concept design can begin.

When working with the SEPP it is crucial that you apply the definitions listed in Part 1 of the SEPP, for example an attached deck is defined for the purposes of the SEPP as ancillary development, while a detached deck is defined for the purposes of the SEPP as an outbuilding. The development standards for an ancillary development as opposed to an outbuilding are different. And if inadvertently designed to comply with the wrong development standards the application will not comply and be refused.

So you must identify that which is to be included within the application and confirm what the structure is defined as for the purposes of the SEPP and confirm that the structure may be constructed as Complying Development. For example: a new 2 storey dwelling with a swimming pool, cabana and detached carport.

Proposed works:	Defined as:	Is it complying development?
2 storey dwelling	Dwelling house	Yes: Part 3 General housing code
swimming pool	Ancillary development	Yes: Part 3 General housing code
cabana	Outbuilding	NO: This particular Cabana is exempt development, as cabana is not higher than 3m, 900mm from lot boundaries, less than 20sqm (complies with Clause 2.17 & 2.18 of Part 2 Exempt Development Codes)
detached carport	Outbuilding	Yes: Part 3 General housing code (Note: Floor area of carport greater than that permitted under Part 2 Exempt Development Codes)

In the above example, we have confirmed that a new 2-storey dwelling is considered Complying Development under Part 3 General Housing Code, likewise the proposed swimming pool & detached carport. The Cabana however is not Complying Development as it may be constructed as Exempt Development under Part 2 of the SEPP. This being the case the cabana cannot form part of the Complying Development application, it may be shown on the plans but must be noted as being constructed as exempt development and the appropriate dimensions shown confirming the proposed structure is in fact exempt development.

Now that it is clear what development standards apply to what structures it is a matter of reviewing each applicable clause within the SEPP. A layout such as the example below can be useful to ensure all applicable clauses are considered and complied with.

Once you have completed your design and determined that the design complies with all applicable clauses of the SEPP, you must then demonstrate compliance with the SEPP. This is best achieved with tables and hatching on the plans. For example a simple table such as:

The above table, when correlated with the proposed works, demonstrates compliance in an efficient manner.  By applying to the plans a table such as this you are demonstrating compliance with the SEPP to anyone interested in ensuring that the proposed works do in fact comply.

Once you are confident that your application complies with the applicable clauses of the SEPP, please forward a copy of your plans to Insight Building Certifiers ‘the complying development specialists’ so we may provide you a fee proposal for the assessment and issuing of your Complying Development Certificate.

If you have any questions regarding the above or Complying Development in general please contact Insight Building Certifiers on 9999 0003 or info@insightcert.com.au

Glass balustrades and compliance with the Building Code of Australia by Heath McNab

The following is a guide to achieving compliance with the Building Code of Australia Volume II, when incorporating glass within a required balustrade. This information is a guide only and shall not be relied upon. Please consult your glazier or engineer for advice specific to your situation.

Part 3.9.2 of the Building Code of Australia (BCA) pertains to balustrades within Class 1 and Class 10 buildings. A required balustrade is any balustrade or other barrier used to prevent a fall of: 

• 1m or more along the side of any roof to which public access is provided, any stairway or ramp, any floor, corridor, hallway, balcony,deck, verandah, mezzanine, access bridge or the like and along the side of any delineated path of access to a building. 
• 4m or more through an openable window. (It is deemed possible for a person to fall through an openable window when a 125 mm sphere is able to pass through the window opening.)

The requirements of a required balustrade (or other barrier) generally are stated within Part 3.9.2.3 of the BCA, they are: 

• The height must not be less than 865mm above the nosings of the stair treads or the floor of a ramp. 
• The height must not be less than 1m above the floor of any access path, balcony, landing or the like 
• The height must not be less than 865mm above the floor beneath an openable window. 
• Openings shall not permit a 125mm sphere to pass through the balustrade or other barrier (For stairs this is tested above the nosing line) 
• When protecting a fall of 4m or more there shall be no horizontal elements within the balustrade or other barrier between 150mm & 760mm above the floor level that would facilitate climbing. 
• A glass balustrade must comply with AS1288 Australian Standard AS1288-2006 (AS1288) sets out the procedures for the selection and installation of glass in buildings, subject to wind loading, human impact, and special applications such as overhead glazing, balustrades and glass assemblies.

Section 7 of AS1288 provides deemed to comply solutions for required balustrades incorporating glass. AS1288 classifies glass balustrade panels into two categories; 

a. Structural balustrade panels, or

b. Infill balustrade panels.

Glass can form a structural component of the balustrade (this would be option a. above or a structural balustrade panel of glass) or the balustrade may have a structural component provided from another material such as timber or steel, with the glass acting as an infill panel only (this would be option b. above or a infill balustrade panel of glass). 

Whenever glass is relied upon to provide a structural component to a required balustrade a handrail is generally always required.  

Handrails are classified by Section 7 of AS1288 into three categories;

a. Load supporting handrails

b. Non-load supporting handrails

c. Interlinking handrails

Load supporting handrails: the handrail is mechanically fixed to the structure, independent of the glass, but the glass may be connected to it. The handrail supports the loads. This handrail is utilised with infill balustrade panels.

Non-load supporting handrails: either the top edge of the glass acts as the handrail or the glass supports a handrail that is fixed to the glass and relies upon the glass for structural support. This handrail is utilised with structural balustrade panels.

Interlinking handrails: an interlinking handrail is only considered such when it is connected to adjacent panels of glass, or the building, where the adjacent panels are at least 1000mm wide and the balustrade consists of at least three glass panels. This requirement means that if one of the glass panels fails (breaks) the two remaining panels and the handrail must be capable of resisting the defined loads. The handrail must be designed with this in mind. This handrail is utilised with structural balustrade panels.

Therefore as required by the BCA a required balustrade, shall when incorporating glass and attempting to comply with the deemed to comply provisions of AS1288 be either:

a. An infill panel of glass, with thickness selected in accordance with table 7.3 of AS1288 and incorporating a load supporting handrail, or 

b. A structural panel of glass, with thickness selected in accordance with table 7.2 of AS1288 and incorporating an interlinking handrail or load supporting handrail. 

For any other required balustrade incorporating glass to comply, including systems that do not incorporate a handrail, then the requirements of Section 3 of AS1288: General Design Criteria must be satisfied. This is considered an engineered solution. And as such the site specific application of the system (NOTE: the system refers to the glass, the fixings and the handrail as applicable) shall be tested and certified as being compliant with the BCA, AS1288 and AS1170.1. 

Regardless of the means of compliance, be it a deemed to comply solution under Part 7 of AS1288, or an engineered solution under Part 3 of AS1288, the requirement to demonstrate compliance is the same. 

A Certificate shall be submitted that certifies the system utilised as compliant with the BCA, AS1288 and if applicable AS1170.1. 

Within this Certificate must be included:

• the date the certificate was issued
• the address of the subject property
• the credentials of the individual endorsing the certificate
• the means of compliance, i.e. deemed to comply solution or an engineered solution
• a statement confirming that the installed system complies with AS1288, the BCA and AS1170.1 (as applicable)

Construction on Bushfire Prone land rated as Flame Zone within NSW by Heath McNab

The following is a guide to potential pitfalls when constructing a new dwelling or undertaking alterations and additions to an existing dwelling on land that is Bushfire Prone and rated as Flame Zone within NSW. This information is a guide only and shall not be relied upon. Please consult your Bushfire Consultant or local Council for advice specific to your situation.


If your land is within NSW, and has been identified as being Bushfire Prone Land and assessed and rated as Flame Zone, the highest possible threat, then please read on.


Within NSW the Environmental Planning & Assessment Act 1979 (referred to as EP&A), Section 79BA, requires that the Consent Authority (or Council) be satisfied that the development conforms to the specifications and requirements within Planning for Bushfire Protection. Or if the development does not conform, that the Council consult with the NSW Rural Fire Service (referred to as RFS) concerning measures to be taken with respect to the development to protect persons, property and the environment from danger that may arise from a bushfire.


Within the Building Code of Australia (referred to as BCA) Part 3.7.4, calls upon construction manual Australian Standard AS3959-2009 (referred to AS3959). Within NSW buildings constructed in accordance with AS3959 except for Section 9: Bushfire Attack Level-Flame Zone (referred to as BAL-FZ), satisfy the BCA. Within NSW if land that is Bushfire Prone has been rated as BAL-FZ then buildings must comply with specific conditions of development consent for construction at this level.


Therefore the most important document to consider when your land is bushfire prone land and is rated as BAL-FZ is the Development Consent issued by the Consent Authority (Council). Within this document will be the construction requirements for buildings proposed on your land rated as Flame Zone. These requirements are determined by the NSW Rural Fire Service whom your local Council would have referred your application to upon lodgment.

Generally the Development Consent will require compliance with a modified Section 9 of AS3959 via the following standard condition:
        
        New construction shall comply with Australian Standard AS3959-2009 "Construction of 
        buildings in bushfire prone areas" Section 9. 
        However, any material, element of construction or system when tested to the method 
        described in Australian Standard AS1530.8.2: "Tests on elements of construction for 
        buildings exposed to simulated bushfire attached - Large flaming sources" shall comply 
        with Clause 13.8 of that Standard except that flaming of the specimen is not permitted.

This condition, which was authored by the RFS, in the RFS's opinion prohibits there from being any exposed timber to the elevation of a site deemed required to comply with this condition. 


If a material, element of construction or system that you intend to use or install incorporates exposed timber of any variety and that material, element of construction or system can provide a testing certificate that states compliance with AS1530.8.2 has been achieved, disregard that testing certificate. 


Within NSW if your Development Consent is subject to the above condition as a result of your land being rated as BAL-FZ then no exposed timber is permitted regardless of the material, element of construction or system achieving compliance with AS1530.8.2.