Shade structures

The shade structure must:

• not be constructed or installed on land in a foreshore area as exempt development
• not be higher than 3 metres from ground level (existing)
• be located at a distance from each lot boundary of at least:
  • if the development is carried out in Zone RU1, RU2, RU3, RU4, RU6 or R5—5 metres, or
  • in any other case—900 millimetres
• be located behind the building line of any road frontage
• not be constructed or installed on land in a foreshore area as exempt development

Please refer to these provisions of the State Policy for a list of development standards that shade structures must meet to be exempt development, including maximum area requirements.

Other considerations

• If you propose to remove or prune any existing trees or vegetation, you should contact your council first to make sure you don’t need approval for this.
• Works must be structurally adequate, installed in accordance with manufacturer’s specifications and comply with the Building Code of Australia (BCA).
• Any structures that would be located on public land, or on or over a public road (including temporary structures), must have separate approval from the relevant council, or Roads and Maritime Services under the Roads Act 1993 and the Local Government Act 1993.
• Generally, exempt development cannot be carried out on:
  • land that is, or on which there is, an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under that Act (unless an exemption has been granted under section 57 of the Heritage Act 1977);
  • a critical habitat of an endangered species, population or ecological community under the Threatened Species Conservation Act 1995or the Fisheries Management Act 1994;
  • a wilderness area under the Wilderness Act 1987.