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NSW Council Exemption – Cedarspan™ Barns…

Worried about needing council approval for your barn or workshed? Look no further.

So long as you are on Rural zoned land in NSW, it is unlikely that you will be required to obtain council approval for your ‘farm’ building. See below for an extract from the relevant NSW legislation;

 

Subdivision 16 Farm buildings (other than stock holding yards, grain silos and grain bunkers)
2.31   Specified development

The construction or installation of a farm building (other than a stock holding yard, grain silo or grain bunker) that is not used for habitable purposes is development specified for this code if it is—

(a)  constructed or installed on land in Zone RU1, RU2, RU3, RU4 or RU6, and

(b)  not constructed or installed on or in a heritage item or a draft heritage item or in an environmentally sensitive area, and

(c)  not constructed or installed on land shown on any relevant Procedures for Air Navigation Services—Aircraft Operations Map prepared by the operator of an aerodrome or airport operating within 2 kilometres of the proposed development and for which a PANS-OPS surface is identified that may compromise the effective and on-going operation of the relevant aerodrome or airport.

Note 1.

 Farm building is defined in the Standard Instrument as a structure the use of which is ancillary to an agricultural use of the landholding on which it is situated and includes a hay shed, stock holding yard, machinery shed, shearing shed, silo, storage tank, outbuilding or the like, but does not include a dwelling.

Note 2.

 Subdivisions 16A and 16B make special provision for farm buildings that are stock holding yards, grain silos or grain bunkers.

2.32   Development standards

(1)  The following standards are specified for that development—

(a)  the development must not be higher than—

(i)  for a landholding that has an area of less than 10ha—7m above ground level (existing), and

(ii)  for a landholding that has an area of 10ha or more—10m above ground level (existing),

(b)  if the development is located on land that is identified for the purposes of an environmental planning instrument as “Land with scenic and landscape values” on a Scenic and Landscape Values Map or as “Scenic Protection Area” on a Scenic Protection Map or Scenic Protection Area Map—it must not be higher than 7m,

(c)  if the development—

(i)  is on a landholding that has an area of more than 4ha, and

(ii)  is on a landholding in relation to which the natural ground at any point within 100m of the ridgeline of any hill is at least 20m lower than the ridgeline, and

(iii)  is located within 100m of that ridgeline,

it must be sited on the landholding so that the highest point of the development is at least 5m below that ridgeline,

(d)  subject to paragraph (e), the footprint of a farm building must not exceed 200m2,

(e)  the footprint of all farm buildings (other than grain bunkers) on a landholding must not exceed the footprint shown in the following table—

Landholding area
Maximum footprint of all farm buildings (other than grain bunkers)
0–4ha
2.5% of the area of the landholding
>4ha–10ha
1,000m2
>10ha
2,000m2

(f)  the development must be located at least 20m from any road boundary and have a minimum setback from any other boundary as shown in the table to this paragraph—

Building footprint
Minimum setback from boundary
0–100m2
10m
>100m2–200m2
50m

(g)  a farm building must be located at least 6m from any other farm building (including any farm building that is a stock holding yard, grain silo or grain bunker) on the landholding or on an adjoining landholding,

(h)  the development must be located at least 50m from a waterbody (natural),

(i)  the development must be designed by, and constructed in accordance with the specifications of, a professional engineer,

(j)  if the development is a shipping container, there must not be more than the following number of shipping containers per landholding—

(i)  for a landholding that has an area of less than 400ha—1,

(ii)  for a landholding that has an area of 400ha or more—5,

(k)  the development must not penetrate any obstacle limitation surface shown on any relevant Obstacle Limitation Surface Plan that has been prepared by the operator of an aerodrome or airport operating within 2 kilometres of the proposed development and reported to the Civil Aviation Safety Authority,

(l)  despite clause 2.30(a), excavation for the purposes of structural supports may exceed a depth of 600mm, measured from ground level (existing), unless the land is identified for the purposes of an environmental planning instrument as Class 1–5 on an Acid Sulfate Soils Map.

(2)  In this clause, footprint means the area of the ground surface occupied by a building, including the walls, footings and roofing of the building, and extending to the perimeter of the foundations and other means of structural support to the building, but does not include the area of access ramps, eaves and sunshade devices.

Note 1.

 There are other existing legislative requirements relating to the clearance of power lines, substations and Obstacle Limitation Surfaces near airport flight paths.

Note 2.

 The consent of the appropriate roads authority is required under section 138 of the Roads Act 1993 for the carrying out of certain works in relation to roads, including the building of any crossover or creating road access.

 
For further information:

As this policy can change at any time, please view the complete up to date planning policy at… http://www.legislation.nsw.gov.au.

You can find your land zoning and print a property report using the spatial viewer on the NSW planning portal.