Planning Controls

 Planning and development in the Burwood local government area is guided by a number of local and state planning instruments.

 

The Burwood Local Environmental Plan (BLEP) 2012 is Council’s principle planning document in respect of all land within the municipality of Burwood. The BLEP outlines the land uses which are permissible and prohibited in the relevant zones; as well as sets out development standards (such as height of buildings and floor space ratios) and planning provisions.

The BLEP was notified, and came into force on 9 November 2012.

The BLEP consists of two main parts, being the written instrument, and a series of maps.

The BLEP can be viewed here on the Legislation NSW website

The Burwood Local Environmental Plan (BLEP) 2012 contains the following maps:

The NSW Planning Portal’s ePlanning Spatial Viewer provides key planning & development information in map format including but not limited to Floor Space Ratio (FSR), Height of Building, Heritage, Land Zoning, Minimum Lot Size and environmental protection affecting properties in New South Wales. Simply search for property in New South Wales by street address or Lot & DP/SP on the NSW Planning Portal 

 

 

The Burwood Development Control Plan (BDCP) details the various standards, policies and guidelines related to construction and development for the Burwood local government area (LGA). It applies to all the land located in the Burwood LGA in accordance with the Burwood Local Environment Plan Land 2012 Application Map and must be taken into account in determining development applications.

Read the BDCP.(PDF, 8MB)

Site Specific DCP for 42-50 and 52-60 Railway Parade Burwood(PDF, 1006KB)

Streets Applicable to BDCP Section 8.2 Streetscape & Building Appearance Provisions(PDF, 5MB)

 

 

 

The Environmental Planning and Assessment Act 1979 as amended requires all councils of NSW to prepare a Community Participation Plan. This plan details how Council will undertake community participation when exercising planning functions, such as preparing a Local Environmental Plan or assessing a Development Application, under the Act.

The NSW Government has amended a number of Acts and issued Ministerial Orders to implement emergency measures as a result of the Covid-19 pandemic. One of the changes is that councils will not be required to display physical copies of planning documents at council facilities. These are now to be made available online through the NSW Planning Portal. A notation has been made inside the Community Participation Plan to alert the public to this change as the changes were effective immediately.

 Community Participation Plan.pdf(PDF, 4MB)   

 

 Exempt development

Certain minor building works to your house, shop or business can be carried out without a development application (DA) or a Complying Development Certificate (CDC) approval. This is called exempt development. Provided the proposed works are low impact and meet all relevant development standards (identified in the State Policy) a planning or building approval may not be needed. Provided they fully meet all of the requirements contained in the Code, examples of works that may be carried out as exempt development include but are not limited to:

  • Fences 
  • Awnings
  • Decks
  • Carports
  • Patios and pergolas.
  • Hardstand areas

Please visit the NSW Planning Portal’s Exempt Development for further information

The State Policy for exempt and complying development is contained within the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the State Policy) available here.

Complying development
Complying development is a combined planning and construction approval for straightforward development that can be determined through a fast-track assessment by an accredited certifier. Complying development applies to homes, businesses and industry. Routine works that comply with the relevant development standards in the State Policy can save homeowners and businesses time and money. Approvals under the fast-track complying development pathway can be issued in as little as 20 days. For more detailed information about complying development, visit the NSW Planning Portal.

Please visit the NSW Planning Portal’s Complying Development for further information.

The State Policy for exempt and complying development is contained within the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the State Policy) available here

 

 

The Burwood municipality has a rich and diverse heritage. Council seeks to protect the significance of Heritage Items and Heritage Conservation Areas such that these places continue to contribute to the character of the Burwood municipality.

Heritage Items and Heritage Conservation Areas are shown on the Heritage Map, which may be downloaded at the link below. The complete list of Heritage Items and Heritage Conservation Areas is contained in Schedule 5 of the Burwood Local Environmental Plan (BLEP) 2012.

A downloadable list of Heritage Conservation Areas is also provided at the link below.

Heritage Images for Hoarding Use

 

 

The below summarises the key development standards and controls that apply to popular types of residential development. This will inform which types of residential development can be accommodated in different zones.

This is a summary for guidance only and you are expected to consult the Local Environmental Plan (LEP) and Development Control Plan (DCP) for the complete information that would apply. 

Please note that there may be additional development standards and provisions that must be considered in addition to the information outlined below. Please ensure that all applicable LEP, SEPP and DCP requirements are considered prior to undertaking any development.

Dwelling Houses & Semi-Detached Dwellings – Permissible in the R1, R2, R3, B1 and B2 zones:

  • Maximum Floor Space Ratio – refer to Burwood LEP Clauses 4.4 and 4.4A.
  • Maximum Height – Generally 8.50m (within the R2 zone).
  • Maximum ‘Built Area’ – 67%.
  • Minimum side setback – 900mm (ground floor), 1500mm (first floor).
  • Minimum rear setback – 3m (ground floor), 6m (first floor).
  • Minimum front setback - Average of localised existing building line (ground floor), 9m (first floor).
  • Minimum one (1) car parking space required for each dwelling.
  • Minimum front yard landscaped area – 30%.
  • Rear yards must not be dominated by hard landscaping.
  • The requirements of Council’s Landscaping Code shall be complied with for the retention of existing trees and planting of new trees.


Secondary Dwellings (Granny Flats) – Permissible in any residential zone where dwellings houses are permitted

  • Maximum Floor Space Ratio – refer to Burwood LEP Clause 4.4.
  • Minimum Site Area – 450sqm.
  • Maximum floor area – 60sqm or 50% of the total floor area of the principal dwelling, whichever is greater.
  • Maximum Height – secondary dwellings are limited to single storey.
  • Maximum ‘Built Area’ – 67%
  • Minimum side setback – 900mm.
  • Minimum rear setback – 3m.
  • Private Open Space – Minimum 50sqm per dwelling on the site.
  • Rear yards must not be dominated by hard landscaping.
  • Minimum one (1) car parking space is required for each dwelling on the site.
  • Subdivision of secondary dwellings is not permitted.

Dual Occupancies – Permissible in residential zones

  • Maximum Floor Space Ratio – refer to Burwood LEP Clause 4.4.
  • Minimum site area – 500sqm for an attached dual occupancy, 600sqm for a detached dual occupancy.
  • Maximum ‘Built Area’ – 67%
  • Minimum side setback – 900mm (ground floor), 1500mm (first floor).
  • Minimum front setback - Average of localised existing building line (ground floor), 9m (first floor).
  • Private Open Space – Minimum 50sqm per dwelling.
  • Minimum front yard landscaped area – 30%.
  • Rear yards must not be dominated by hard landscaping.
  • Minimum one (1) car parking space is required for each dwelling.
  • The requirements of Council’s Landscaping Code shall be complied with for the retention of existing trees and planting of new trees.
    Duplex Development (two dwellings on a single lot that are positioned side by side when viewed from the street – a form of an attached dual occupancy)
  • Duplex development is not supported in streets and on sites subject to Building
  • Appearance and Streetscape Provisions under Section 4.5 of the DCP
  • Duplex development will not be supported on battle-axe lots.
  • Minimum site frontage – 15m
  • For corner allotments both street frontages must each be a minimum of 15m.
  • Minimum front setback landscaped area – 50%.
  •  Garaging for more than two cars (i.e. more than one for each dwelling) is considered excessive.

 
Multi Dwelling Housing – Permissible in the R1 and R3 zones.

  • Minimum site frontage – 15m (for single storey development), 17m (for two storey development).
  • Minimum front setback – 6m.
  • Minimum side setbacks – 2m (ground floor), 3.5m (first floor and above).
  • Minimum rear setback – 3m.
  • Maximum width of a building facing the street – 20m.
  • Private Open Space must be provided for each dwelling.
  • A communal open space area must be provided where the number of dwellings in a development exceeds eight.
  • A minimum of 25% of the site is to be landscaped (inclusive of the minimum 15% of the site area as deep soil zone).
  • The requirements of Council’s Landscaping Code shall be complied with for the retention of existing trees and planting of new trees.

Residential Flat Buildings in the R1 zone

  • Minimum site frontage – 20m.
  • Minimum site area – generally 500sqm for any development over 9m in height.
  • Minimum front setback – 6m.
  • Minimum side and rear setbacks – 2m (ground floor), 3.5m (first floor), 5m and comply with ADG building separation requirements (second floor), 1.0 metres additional per floor above second floor and comply with ADG building separation requirements (third floor).
  • Private Open Space must be provided for each dwelling.
  • A minimum of 25% of the site area must be allocated for communal open space, 50% of communal open space must be unpaved soft landscaped areas,
  • Minimum 25-30% of the site area and a minimum of 10% of the site area is to be deep soil.
  • The requirements of Council’s Landscaping Code shall be complied with for the retention of existing trees and planting of new trees.

Subdivision of Land

  • Resulting lots from Torrens title subdivision must comply with the Minimum Lot Size Map within the Burwood LEP 2012.
  • Minimum Site Frontage – 12m (not including battle-axe block access handle.
  • Access handle to a battle-axe is to be a minimum 2.5m in width.
  • Lots should generally be regular in shape (i.e. rectangular).
  • Subdivision of a heritage property is generally not supported.
  • Subdivision of a dual occupancy is not permitted unless – each resulting lot complies with the LEP Minimum Lot Size, there is only one dwelling on each resulting lot, and each resulting lot has a minimum street frontage of 12m. Please refer to Burwood LEP 2012 Clause 4.1B.

Ancillary Structures – Garages, Carports, Other Ancillary Structures

  • The height of the garage door must not exceed 2.1m.
  • The external wall height must not exceed 2.7m above natural ground level.
  • Minimum 900mm side and 3m rear boundary setback is required for garage walls
  • attached to a single dwelling
  • Minimum dimension for a carport must be 5m x 2.5m.
  • Maximum dimension for a carport must be 6m x 3m.
  • Maximum height of a carport must be 2.4m, measured from the floor level to the outside surface of the roof cover
  • Controls applying to garages will generally be applied to other ancillary structures, such as sheds, studios, cabanas and the like

    Front and Side Fences (non-heritage properties)
  • Maximum height of a picket or other similar open style fencing – 1.2m.
  • The maximum height of masonry or solid form fencing – 900mm.
  • Please note that fences on non-heritage properties may be considered ‘exempt development’. Please visit the NSW Planning Portal for requirements for fences as ‘exempt development’ 
  • If the fence is a dividing fence (separating the lot from an adjoining owner’s lot), the Dividing Fences Act 1991 also applies.

    Heritage in Residential Precincts
  • Development Applications (DAs) that propose alterations and additions to, or demolition of, a heritage property are required to submit a Heritage Impact Statement (HIS).
  • A Heritage Impact Statement (HIS) may be required for development proposed adjacent to a heritage property.

    Fences on Heritage Properties
  • Original fences are to be retained and restored.
  • The design of new fencing should relate to the period and style of the building upon that property
  • Generally, the maximum height of solid or masonry front boundary fencing is 900mm above the adjacent footpath level.
  • Heritage properties of the Federation or Inter-War period should adopt timber and/or masonry materials which are characteristic of that period.
  • If the fence is a dividing fence (separating the lot from an adjoining owner’s lot), the Dividing Fences Act 1991 also applies.


Swimming Pools

  • Most swimming pools can be approved as complying development via an accredited. Please visit the NSW Planning Portal for further information 
  • For swimming pools that do not fully meet the requirements for complying development must be approved via a development application (DA).
  • Generally, swimming pools must provide a minimum setback at least 1m from the water’s edge to the property boundary.
  • All swimming pools are to comply with the requirements of the Swimming Pools Act 1992 and current Australian Standards.

DISCLAIMER

The text above provides a brief summary of some of the key development standards and development controls applicable to land in the Burwood local government area. This information provided for guidance only. Council strongly recommends that you review all relevant LEP, SEPP and DCP documents in their entirety prior to undertaking any development. Any person using the above text must do so on the basis that not every scenario and issue can be addressed, and discussion with relevant Council staff should be undertaken. The above text is subject to change without notice.

Please do not hesitate to contact Council’s Development Enquiry Officer  9911 9911  for any questions or enquiries.

 

 

Section 7.12 (formerly Section 94A) Contributions apply within the Burwood Local Government Area. One plan applies to the Burwood Town Centre, while the other plan applies to the area outside the Burwood Town Centre.

The Section 7.12 Contributions Plans replace the Section 94A Contributions Plans which have previously applied.

 

The Low Rise Housing Diversity Code allows certain higher density residential development to be carried out under a fast track complying development approval, provided it fully meets all of the requirements contained in the Code, including: 

  • Dual occupancies (attached and detached)
  • Manor houses
  • Multi-dwelling housing (terraces).

to be carried out as complying development provided the proposal meets the relevant development standards set out in the Low Rise Housing Diversity Code under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the Codes SEPP).

Please visit the NSW Planning Portal’s Low Rise Housing Diversity Code for further information

 

 The NSW Housing Code simplifies the planning process for new houses and alterations and additions to existing homes. It allows general home developments to be approved via an accredited certifier which can be issued within 20 days as complying development and is an alternative to the traditional, development application (DA) process. The Housing Code allows:

  • the construction of a new single or two-storey home
  • alterations and additions to a home
  • attached development (including garages and balconies), and
  • detached development (including detached garages and sheds) (see Division 4 of the Housing Code)

to be carried out as complying development provided the proposal meets the relevant development standards set out in the Housing Code under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the Codes SEPP), including maximum building height, minimum setbacks and minimum landscaping requirements.

Please visit the NSW Planning Portal’s Housing Code for further information. 

 

Disclaimer

Development of the Flood Identified Properties Map has relied on the draft flood studies undertaken by consultants commissioned by Council. While every effort has been made to ensure the accuracy and completeness of the data, no liability is taken by Council in regards to the quality (accuracy, completeness, currency) of the data. It is the responsibility of the user to check/verify that the quality of the data suits their individual purpose. Burwood Council does not provide any warranties, expressed or implied, for the data. This Flood Identified Properties Map is subject to Burwood Council Copyright.

 Flood Identification Map(PDF, 581KB)