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Planning Rules Other Guidelines
The following codes, policies and guidelines provide further details which apply to certain types of development.
The information provided here is for Willoughby Council purposes only. For more information about the process from NSW Land Titles perspective, please call their office on 9228 6666 or 1300 052 637, prior to lodging the documents with the Council.
A Positive Covenant is a Legal Covenant on a Certificate of Title for a Property. The Order must state:
Such an Order must identify the land affected by the restriction, specify the terms of the restriction, and specify the prescribed authority imposing the restriction.
Proposed residential development in Bushfire Prone Land will require a Bushfire Risk Assessment to be carried out to determine the Bushfire Attack Level (BAL). This will determine the standard of construction to meet AS 3959-2009.
Any BAL of 40 or Flame Zone will require a Bushfire Consultant to provide a report to be lodged with your Development Application. BAL 40 and Flame Zone do NOT allow Complying Development.
Bushfire prone land requires owner’s care in land maintenance and building work to meet standards to protect the building and occupants. Properties with swimming pools in these areas should have a SWS (Static Water Supply) sign displayed in the footpath area, to alert fire fighters that a water source is present.
Council's requirements for fences surrounding a property are intended to keep the style and size of front and side fencing compatible with the rest of the streetscape while still providing privacy and security.
For this reason fences ought to be designed with look, height, functionality and quality in mind. There are heights which cannot be exceeded, setback requirements, and appropriate measures to be taken in regards to conservation areas and views.For exempt and complying development you will need to consult with the NSW Housing Code.
If you do not meet all the exempt or complying criteria for fencing then you need to consult the relevant part of the WDCP for your property's zoning and make application to Council. The WDCP is available online. For advice, call Council on 9777 1000 between 8.30am - 10am or 1pm - 4.30pm weekdays to speak to a Building Surveyor or Planner.
If it is a dividing fence you will need to consult the Dividing Fences Act. If there is a dispute over a dividing fence it is considered a civil matter and parties ought to seek advice from a Community Justice Centre, Local Lands Board, or the Local Court, not Willoughby Council.
Footway Restaurant Policy Footway restaurants add a welcome atmosphere to the city, but they need to be appropriately located. This document gives guidelines for location, furniture, management, advertising, and application requirements while encouraging footway restaurants.
Height Poles PolicyThis document is related to the installation of height poles for proposed developments.
House/Property Numbering Code This code deal with re-numbering for new development to avoid conflict with existing addresses.
A Clause 4.6 Variation is a written submission accompanying a DA which justifies a variation of the relevant development standard found in the planning instrument.
Unauthorised Building Work Policy: Enforcement and Prosecution This document sets out Council’s policy for exercising its enforcement powers under the EPA Act and Local Government Act.
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