14D.3 Permitted Activity Rules

Updated 11 September 2018

Note: Any activity that does not comply with a Permitted Activity Rule shall be considered a Restricted Discretionary Activity, unless stated otherwise.

14D.3.1 Alterations and/or Additions to Residential Activities (legally established as at 17 October 2009)

1. All alterations and/ or additions shall meet the following Permitted Activity Rules:
   1.  Rule 14B.3.2 – Building Height – Suburban Residential, Large Lot Residential;
   2.  Rule 14B.3.3 – Streetscape – Suburban Residential, Large Lot Residential;
   3.  Rule 14B.3.4 – Setbacks – Suburban Residential, Large Lot Residential;
   4.  Rule 14B.3.5 – Setbacks – Traffic Management – Safety – Suburban Residential, Large Lot Residential;
   5.  Rule 14B.3.6 – Overshadowing – Suburban Residential, Large Lot Residential;
   6.  Rule 14B.3.7 – Site Coverage – Suburban Residential Zone;
   7.  Rule 14B.3.10 – Outdoor Living Area – Suburban Residential.

Note: Any activity that does not comply with Rule 14D.3.1 – Alterations and/or Additions to Residential Activities (legally established as at 17 October 2009 shall be considered a Discretionary Activity.

14D.3.2 Accessory Buildings to Residential Activities (legally established as at 17 October 2009 and Independent Dwelling Units established under Rule 14D.3.3

1. The maximum floor area of an accessory building shall be 50m² for each independent dwelling unit on the site;
2. The maximum height of any accessory building shall be 4.5 metres.
3. All accessory buildings shall meet the following Permitted Activity Rules:
   1.  Rule 14B.3.3 – Streetscape – Suburban Residential, Large Lot Residential;
   2.  Rule 14B.3.4 – Setbacks – Suburban Residential, Large Lot Residential;
   3.  Rule 14B.3.5 – Setbacks – Traffic Management - Safety – Suburban Residential, Large Lot Residential;
   4.  Rule 14B.3.6 – Overshadowing – Suburban Residential, Large Lot Residential;
   5.  Rule 14B.3.7 – Site Coverage – Suburban Residential Zone;
   6. Rule 14B.3.10 – Outdoor Living Area – Suburban Residential.

Note: Any activity that does not comply with Permitted Activity Rule 14D.3.2 - Accessory Buildings to Residential Activities (legally established as at 17 October 2009 and Independent Dwelling Units established under Rule 14D.3.shall be considered a Discretionary Activity.

14D.3.3 Suburban Residential Development of Vacant and Partially Vacant Sites (legally established and vacant or partially vacant at 17 October 2009)

1. The site shall be an existing site which was legally established and was vacant or partially vacant as at 17 October 2009 and has not been developed since that date;
2. In the context of this rule ‘vacant’ shall mean a site that was bare land with no independent dwelling unit established upon it as at 17 October 2009. In the context of this rule ‘partially vacant’ shall mean a site that had one independent dwelling unit legally established upon it and an area of undeveloped land which would have met the required minimum site area/allotment size for one further independent dwelling unit to be legally established as a permitted activity as at 17 October 2009;
3. The development of the site under this rule shall not include the demolition or relocation of existing independent dwelling units;
4. The maximum number of independent dwelling units per site shall be two, including any existing independent dwelling unit on the site;
5. The minimum site area required for each independent dwelling unit contained within the site shall be 325m² nett site area per independent dwelling unit;
6. Each independent dwelling unit shall meet the following Permitted Activity Rules 
   1.  Rule 14B.3.2 – Building Height – Suburban Residential, Large Lot Residential
   2.  Rule 14B.3.3 – Streetscape – Suburban Residential, Large Lot Residential;
   3.  Rule 14B.3.4 – Setbacks – Suburban Residential, Large Lot Residential;
   4.  Rule 14B.3.5 – Setbacks – Traffic Management - Safety – Suburban Residential, Large Lot Residential;
   5.  Rule 14B.3.6 – Overshadowing – Suburban Residential, Large Lot Residential;
   6.  Rule 14B.3.7 – Site Coverage – Suburban Residential Zone,
   7.  Rule 14B.3.9 – Access – Suburban Residential Zone, Large Lot Residential;
   8.  Rule 14B.3.10 – Outdoor Living Area – Suburban Residential

Note: Any activity that does not comply with Permitted Activity Rule 14D.3.3 – Suburban Residential Development of Vacant or Partially Vacant Sites (legally established and vacant or partially vacant at 17 October 2009) shall be considered a Discretionary Activity.

14D.3.4 Home-Based Business

All Home-based businesses shall meet the Permitted Activity Rules in Rule 14B.3.12 - Home-based Business – Suburban Residential, Large Lot Residential.

Note: Any activity that does not comply with Permitted Activity Rule 14D.3.4 - Home-based Business shall be considered a Discretionary Activity.

14D.3.5 Heavy Machinery

Heavy machinery shall comply with Rules in Rule 14B.3.14 - Heavy Machinery – Suburban Residential, Large Lot Residential.

Note: Any activity that does not comply with Rule 14D.3.5 - Heavy Machinery shall be considered as a NonComplying Activity.

14D.3.6 Rules in Other Sections of the Plan

Activities within the City Living Zone shall also comply with the following sections of the Plan:

1. The provisions of Chapter 4 – General Rules Provisions;
2. The provisions of Chapter 7 – Heritage;
3. The provision of Chapter 8 – Natural Hazards;
4. The provisions of Chapter 9 – Hazardous Substances and Contaminated Land;
5. The provisions of Chapter 11 – Financial Contributions;
6. The provisions of Chapter 12 – Subdivision, Infrastructure and Services, Section 12G – Purpose of Service and Infrastructure Provisions;
7. The provisions of any Plan Area.

Definitions in this section

accessory building

activity/activities

heavy machinery

height

home-based business

independent dwelling unit

nett site area

the plan

plan area

site