DEVELOPMENT AND COMPLIANCE – BUILDING A NEW HOUSE
Council approval, in writing, is required prior to the construction of a new dwelling.
The lodgement and approval of a Development Application and Construction Certificate, or a Complying Development Certificate is required prior to any works commencing.
WHAT CAN I BUILD?
The construction of a new dwelling is subject to the controls set out in Council’s Development Control Plan.
A Development Control Plan, also known as a DCP, outlines the provisions for design, setbacks, building height, required open space, waste management plans and more to ensure that developments contributes, enhances and integrates with the existing character, the essence of what makes an area desirable to live.
There are different DCP documents for different areas within the shire. These are:
DCP 2012 Part B Section 2 - Residential
Councils DCP 2012 Part B Section 2 - Residential, outlines the provisions for a standard residential dwelling such as a three to four-bedroom single storey home or a double storey home in a residential-zoned area of the Shire (excluding new release areas of Bella Vista, Beaumont Hills, Kellyville and Rouse Hill).
There are separate sections for apartment and townhouse development.
FACTSHEET
www.thehills.nsw.gov.au | 9843 0555
* Where the predominant setback pattern of the existing streetscape reflects setbacks which exceed the required minimum, the greater setback suggested by the character created by three adjoining dwellings either side of the proposed dwelling will apply.
Here are some of the provisions contained in the DCP.
LOCATION/FRONTAGE SETBACK
Primary Street 10 metres
Existing urban areas 7.5 metres
West Pennant Hills Release Area 7.5 metres
Castle Hill Release Area 7.5 metres
Kings Road Release Area 7.5 metres
Crestwood Release Area 7.5 metres
Bingara Release Area 7.5 metres
Bella Vista Release Area 6.0 metres
Corner allotments: Primary Street 6.0 metres
Secondary Street 4.0 metres
Side boundaries 0.9 metres
Garages (Subject to required setback but at
a minimum of) side setback 1.5m
if three storeys
Subject Subject
REAR BOUNDARY SETBACK
1 storey 4.0 metres
2 storey 6.0 metres
ARTERIAL/SUB-ARTERIAL ROADS
1 storey 6.0 metres
2 storey 8.0 metres
SITE ANALYSIS PLAN
A detailed Site Analysis Plan may be required specifically if concerns regarding the proposed development are raised by adjoining property owners.
BA SIX CERTIFICATE
Any Development Application for a new dwelling must be accompanied by a BASIX certificate. A BASIX Certificate identifies the sustainability features required to be incorporated in the building design. Applicants can only generate the BASIX Certificate on the NSW Department of Infrastructure, Planning and Natural Resources (DIPNR) interactive web site: www.basix.nsw.gov.au
The applicant is required to submit the BASIX Certificate with the Development Application or Complying
Development Certificate. The plans and specifications must also identify the BASIX commitments. Additional information can be obtained from DIPNR the BASIX Help Line - 1300 650 908
BUILDING IN BUSH FIRE PRONE AREAS
Refer to separate “Building in a bush fire prone areas” fact sheet.
BUILDING HEIGHT
The height of a dwelling is not to exceed the maximum building height prescribed under clause 4.3 Height of Buildings of LEP 2019.
WASTE MANAGEMENT PLAN
A Waste Management Plan for dwellings, additions and alterations is required to be submitted for any proposal.
SITE COVERAGE
Calculations of the built upon area to indicate the maximum site coverage (including garage/carport, driveways, outbuildings, decks, patios, tennis courts and pools) not exceeding 60% (except for land zoned E4 Environmental Living and Land identified in the map sheets by pink shading in LEP 2019, which is 30%) are required.
Of the maximum permitted site coverage, the dwelling footprint is to be no more than 45%.
MAXIMUM WIDTH OF A DWELLING The maximum width of a dwelling must be:-
Width of Allotment at the
building Line Percentage of width at the building line Less than or equal to 18m 80%
Greater than 18m 75%
PRIVATE OPEN SPACE
Calculations of the private open space, which is to be 20% of the lot area or 80 square metres (whichever is the greater) and be able to contain a 6 x 4 metre rectangle, is required.
GARAGE/CARPORT WIDTH
Carports and garages facing a public place are to be no more than 6.5 metres in width nor extend across more than 50% of the property frontage, whichever is the lesser.
The design, materials and colours must be consistent with the dwelling.
DCP 2012 Part D Section 5 – Kellyville/Rouse Hill The following provisions are extracts from the Kellyville/
Rouse Hill Release Area and apply to all residential development in that area.
BUILDING FORM AND HEIGHT
The height of a dwelling is not to exceed the maximum building height prescribed under clause 4.3 Height of Buildings in LEP 2019.
Habitable rooms are to have floor levels 300mm above the estimated flood level resulting from a flood of 100 year ARI flow in the urban drainage system and 500 mm above the estimated flood level resulting from a 100 year ARI flood of the trunk drainage system.
www.thehills.nsw.gov.au | 9843 0555
BUILDING SETBACKS
The building setbacks are to be in accordance with the following table:-
Location/Frontage Setback Rear boundary setback 1
storey 2 storey 4.0 metres 6.0 metres Arterial/Sub-Arterial Roads 1
storey 2 storey 6.0 metres 8.0 metres Some sites may have a unique shape or environmental constraints making compliance with the rear setback control unreasonable. Refer to Control C.1.3
All dwellings fronting or backing onto arterial roads are to be constructed with appropriate materials to attenuate noise.
SITE COVERAGE
Calculations of the built upon area to indicate the maximum site coverage (including garage/carport, driveways, outbuildings, decks, patios, tennis courts and pools) not exceeding 60% (except for land zoned E4 Environmental living and land identified in the map sheets by pink shading in LEP 2019, which is 30%). Single storey development is permitted a site coverage of up to 65%.
PRIVATE OPEN SPACE
The principal private open space area (behind the front building line) must be able to contain a rectangle measuring 6m x 4m.
CORNER ALLOTMENTS
On corner allotments a minimum of two of the following design elements are to be included along the secondary frontage:-
• Verandahs;
• Gables;
• Vertical elements to reduce the horizontal emphasis of the facade;
• Entry feature or portico;
• Balcony/window boxes or similar elements; and
• Landscaping/fencing compatible with the frontage status of elevation.
The following features are not to occur along either facade:-
• Blank walls without relief;
• Windows/doors of utility rooms exposed to view; and
• Hot water services or similar utility installations.
Any high fencing along the secondary street frontage exceeding 1.2 metres in height should be limited to 60%
of the frontage and occur toward the rear of the allotment.
Any low fencing equal to or less than 1.2 metres in height may occur toward the front of the allotment.
CARPORTS AND GARAGES
Carports and garages shall be designed to be:-
• visually subservient;
• integrated into the overall dwelling design, and;
• constructed of similar materials and finishes to the dwelling.
Where a double garage is proposed, a minimum of two of the following design measures are to be employed:-
• Garage doors are divided by a vertical masonry pillar or similar;
• Upper floor element projected forward of the garage to cast shadow and take prominence;
• Colours and textures to ensure garage doors do not dominate the street elevation;
• Verandah or pergola provided across the face of the garage;
• Utilisation of vertical elements to mitigate the horizontal emphasis of the garage;
• Garage entrance to be orientated away from primary street frontage to face the side boundary;
• Staggered garages whereby one garage is setback from the adjoining garage.
DCP 2012 Part D Section 6 – Rouse Hill Regional Centre & Section 7 - Balmoral Road Release Area Residential development in ‘The New Rouse Hill’ &
Balmoral Road release areas, are also governed by specific sections of the DCP, Section 6 Rouse Hill
Regional Centre & Section 7 Balmoral Road Release Area.
Reference should be made to these DCP sections when preparing a Development Application for either of the release areas.
FURTHER INFORMATION
Development Control Plans are contained on this website under the Development section at www.thehills.nsw.gov.au.
For further information on building a new house, contact Council’s Duty Building Surveyor on 9843 0470 or e-mail:
DISCLAIMER
This fact sheet provides a summary of the major issues concerning the building of a new house. Any person using this document must do so on the basis that not every scenario and issue can be addressed, and discussion with relevant staff at Council’s Customer Service Centre should be undertaken. This document is subject to change without notice.
