Central Coast Council | Ph 03 6429 8900 | Email: [email protected]
 

EXEMPTIONS

Let us tell you about some “Exempt” developments – for which you do not need a Planning Permit.
What size residential outbuilding/shed can I build without a Planning Permit?

Residential outbuildings are used in association with your dwelling.  The construction, replacement and demolition of an outbuilding is Exempt from requiring a Planning Permit if:

(a)        there are not more than 2 on a site with:

(i)        a gross floor area not more than 10m2;

(ii)        no side is more than 3.2m; and

(iii)       building height is not more than 2.4m;

(b)        there are not more than 1 on a site with:

(i)         a gross floor area not more than 18m²;

(ii)        a roof span not more than 3m;

(iii)       building height is not more than 2.4m;

(iv)       a distance of not less than 0.9m from a building;

(v)        a setback of not less than 0.9m;

(vi)       no change in existing ground level as a result of cut or fill of more than 0.5m; and

(c)        the building is not between a street frontage and the building line or on a site with no buildings, not less than the relevant setback from a street frontage,

Buildings are not Exempt, and will require a permit, if the above standard cannot be met or if the Local Heritage Code applies to the site.

NB: Central Coast does not have any buildings listed in a Local Heritage Code.  However, a heritage study is in progress and in the future, the Code will apply to some sites.


What size shed can I build in the Rural Living, Rural or Agriculture zone without a Planning Permit?

Residential outbuildings located in the Rural Living Zone, Rural Zone or Agriculture Zone are Exempt from needing a Planning Permit if:

(a)        an outbuilding is exempt under the matters outlined above; or

(b)        the outbuilding is associated with an existing dwelling and the:

(i)         total gross floor area of all outbuildings on the site is not more 108m2;

(ii)        boundary setbacks are not less than the relevant Planning Scheme’s ‘Acceptable Solution’ required in the zone, or located no closer to a property boundary than an existing dwelling or any outbuilding on the site, whichever is the lesser; and

(iii)       building height is not more than 6m and wall height is not more than 4m.

Buildings are not Exempt, and will require a Permit, if the above standard cannot be met or if the Planning Scheme’s Natural Assets Code or Local Heritage Code apply to the site.


Agricultural buildings in the Rural and Agricultural Zones

Buildings in the Rural Zone or Agricultural Zone are Exempt from needing a Planning Permit if all matters below can be satisfied:

(a)        development does not include a dwelling, and the shed is directly associated with, and a subservient part of, an agricultural use on the land;

(b)        on prime agricultural land, only if the land is not used for plantation forestry, and:

(i)         the building is directly associated with an agricultural use dependent on the soil as a growth medium; or

(ii)        it is conducted in a manner which does not alter, disturb or damage the existing soil profile or preclude it from future use as a growth medium; 

This means the shed has an earthen floor and a concrete slab is not involved in the construction of the building.

(c)        individual buildings must not be more than 200m2 in gross floor area;

(d)        building height does not exceed 12m; and

(e)        buildings are setback not less than 5m from all property boundaries.

Buildings are not Exempt, and will require a permit, if the above standard cannot be met or if the Scenic Protection Code or Local Heritage Code applies to the site.


Visitor Accommodation

Providing for Visitor Accommodation in your dwelling, including in a ‘secondary dwelling’ on the site, is Exempt from planning if:

  1. the dwelling is used by the owner or occupier as their main place of residence, and only let while the owner or occupier is on vacation; OR
  2. the dwelling is used by the owner or occupier as their main place of residence, and visitors are accommodated in not more than 4 bedrooms.

If you wish to provide Visitor Accommodation in your investment property, then a permit is required.


Home Based Child Care

Home based child care services are Exempt from planning if:

  1. the person conducting the home-based child care normally uses the dwelling as their principal place of residence;
  2. it does not involve employment of persons other than a resident; AND
  3. there are no more than 6 non-resident children for child care per day.

Fences that are on the front boundary or within 4.5m of the front boundary

Fences (including free-standing walls) within 4.5m of a frontage are Exempt from requiring a Planning Permit, if located in the General Residential Zone, Low Density Residential Zone, Village Zone, Local Business Zone, General Business Zone or Commercial Zone and if not more than a height of:

(i)         1.2m above existing ground level if the fence is solid; OR

(ii)        1.8m above existing ground level, if the fence has openings above the height of 1.2m which provide a uniform transparency of at least 30% (excluding any posts or uprights).

Unless the Local Heritage Code applies.

Other zones and fence types also have exemptions. Refer to 4.0 Exemptions of the Tasmanian Planning Scheme – Central Coast, available by clicking on the green button below.

Tasmanian Planning Commission - Website

Retaining Walls

Retaining walls, excluding any land filling, are exempt, if:

  • it has a setback of not less than 1.5m from any boundary; and

(b)        it retains a difference in ground level of less than 1m, unless the Local Historic Heritage Code or the Landslip Hazard Code applies and requires a permit for the use or development.


Solar Energy Panels

Unless the Local Heritage Code applies to the land, ground mounted and roof mounted solar energy installations do not require a Planning Permit.


The Removal of Native Vegetation

The removal of native vegetation for safety is Exempt from requiring a Planning Permit if for:

  • Clearance and conversion of a threatened native vegetation community in accordance with a Forest Practices Plan certified under the Forest Practices Act 1985, unless for the construction of a building or the carrying out of any associated development;
  • Harvesting of timber or the clearing of trees, or the clearance and conversion of a threatened native vegetation community on any land to enable the construction and maintenance of electricity infrastructure in accordance with the Forest Practices Regulations 2007;
  • Fire hazard management in accordance with a bushfire hazard management plan that has been approved as part of a use or development;
  • Fire hazard reduction required in accordance with the Fire Service Act 1979 or an abatement notice issued under the Local Government Act 1993;
  • Fire hazard management works necessary to protect existing assets and ensure public safety in accordance with a plan for fire hazard management endorsed by the Tasmanian Fire Service, Sustainable Timbers Tasmania, the Parks and Wildlife Service or a Council;
  • Clearance within 2m of lawfully constructed buildings or infrastructure including roads, tracks, footpaths, cycle paths, drains, sewers, power lines, pipelines and telecommunications facilities for maintenance, repair and protection;
  • Safety reasons where the work is required for the removal of dead wood, or the treatment of disease, or required to remove an unacceptable risk to public or private safety, or where the vegetation is causing or threatening to cause damage to a substantial structure or building;
  • Within 1.5m of a site boundary for the purpose of erecting or maintaining a boundary fence, or within 3m of a site boundary in the Rural Zone and Agriculture Zone]