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The new SEPP sees a myriad of new changes to the Exempt and Complying Development SEPP and (to a lesser degree) the Affordable Rental Housing SEPP.This latter SEPP now works more closely (particularly in it’s definitions) and in combination with the ‘Exempt and Complying Development SEPP’.The new SEPP also goes on to say that you can erect a new primary dwelling and include a granny flat, whether attached, within or detached from the main dwelling at the same time and under one single complying development certificate application.So if you have a vacant block or wish to do a knock-down and rebuild, you can build a new house and granny flat as one approval.Previous Rule: Under the old SEPP legislation, if your site was under 450 sq.m in area, you could only convert a portion within the existing dwelling house in to a granny flat.This meant you couldn’t extend your house to add an attached granny flat if the property was under 450 sq m in area.

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NEWS ( February 2014): As rumoured, the NSW Department of Planning has released it’s new SEPP Legislation (State Environmental Planning Policy) rules for 2014.

The live document was officially released on Saturday 22nd February 2014 but didn’t go live until tonight (Monday 24th February 2014).

New Rule: You can now calculate the combination of lot-widths, site areas and other prescriptive together so the entire (combined) lot dimensions can be used to calculate setbacks. The final point is that you still cannot build over an easement, like a drainage easement.

Previous Rule: There was much confusion as to whether an attached structure (carport, garage, shed, patio, awning etc) could be approved as complying development, with many Council’s interpreting that only ‘exempt development’ structures could be attached to granny flats. for example that only a 20 sq m shed could be attqached and it had to have a height of 3 metres only.

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New Rule: Now, you can build a granny flat, detached studio or other ancillary development 3 metres from the rear boundary.

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