A knock-down rebuild in the City of Ryde is approved either by a complying development certificate under the Housing Code in the Codes SEPP, where the lot and the design meet every standard, or by a development application assessed by council under Ryde Local Environmental Plan 2014 and Ryde Development Control Plan 2014. The LEP sets the mapped height under clause 4.3 and floor space ratio under clause 4.4, and the DCP Part 3.3 Dwelling Houses and Dual Occupancy sets the streetscape, setback, garage, landscaping and privacy controls that shape the house you can build on a typical Ryde, Gladesville, Eastwood, Denistone or Marsfield block. For home owners the choice between the two pathways usually turns on three things: whether the lot has a constraint that excludes the CDC (heritage conservation area, flooding, bushfire, an easement or a battle-axe handle), whether the design fits the Housing Code’s setback and height envelope, and whether council’s streetscape and garage controls would produce a better house than the code allows.
Key takeaways
- Demolition and a new dwelling house on R2 land in Ryde can be complying development under the Housing Code if the land is not excluded by Part 1 of the Codes SEPP and every development standard is met; otherwise a DA under Ryde LEP 2014 is required.
- Clause 4.3 of Ryde LEP 2014 applies the Height of Buildings Map and clause 4.4 the Floor Space Ratio Map; a knock-down rebuild must fit both, and clause 4.6 is the only way to vary them.
- Ryde DCP 2014 Part 3.3 Dwelling Houses and Dual Occupancy contains the streetscape, front setback, side and rear setback, garage, landscaped area, private open space and privacy controls that a DA is assessed against.
- Clause 6.2 (earthworks) and clause 6.4 (stormwater management) of the LEP apply to the cut, fill and drainage of every new house; clause 6.4 requires permeable surfaces to be maximised and on-site retention where practicable.
- Clause 4.1B allows a dual occupancy on R2 land only on a lot of at least 580 square metres with a 15 metre primary road frontage, and clause 4.1A allows its subdivision into lots of at least 290 square metres, which is the alternative to a single rebuild on larger Ryde blocks.
- Ryde’s heritage conservation areas, foreshore land under clause 6.5 and acid sulfate soils under clause 6.1 remove the CDC option and add reports to a DA.
Who this is for: home owners in the City of Ryde planning to demolish and rebuild, who want to know which LEP clauses and DCP 2014 sections control the new house and how to decide between a CDC and a DA before paying for design.
Which controls apply to a knock-down rebuild in Ryde?
Ryde LEP 2014 governs permissibility and the development standards. Dwelling houses are permitted with consent in Zone R2 Low Density Residential, and the two numeric standards are clause 4.3 (height of buildings, applied through the Height of Buildings Map) and clause 4.4 (floor space ratio, applied through the Floor Space Ratio Map). The LEP’s Part 6 local provisions then add clause 6.1 acid sulfate soils along the Parramatta River foreshore, clause 6.2 earthworks, clause 6.4 stormwater management and clause 6.5 limited development on foreshore area, and clause 5.10 heritage conservation for items and conservation areas such as the Eastwood House Estate area covered by DCP Part 5.2.
Ryde DCP 2014 came into effect on 12 September 2014 and is published by part on council’s website. Part 3.3 Dwelling Houses and Dual Occupancy is the part a knock-down rebuild is assessed against, read with Part 7.1 Energy Smart, Water Wise, Part 8.2 Stormwater and Floodplain Management, Part 8.3 Driveways, Part 9.3 Parking Controls and Part 9.5 Tree Preservation. The character areas in Part 5 (Coronation Avenue and Trelawney Street at Eastwood, Tyrell Street at Gladesville) and the heritage conservation area part add site-specific controls where they apply.
The Codes SEPP is the third instrument. Part 3 Housing Code sets the standards for a new one or two storey dwelling house as complying development, and Part 1 lists the land on which complying development cannot be carried out or is restricted, which includes land in a heritage conservation area for most work, flood control lots without certification and certain environmentally sensitive land.
What does Ryde DCP 2014 Part 3.3 control?
Part 3.3 is organised around the elements council’s planners assess on a new house: streetscape and building presentation, front setback, side and rear setbacks and building envelope, height and storeys, garages and driveways, landscaped area and private open space, solar access and privacy, fences and cut and fill. The numeric controls (front setback in metres or as an average of the neighbours, side setback by wall height, garage width as a proportion of the frontage and its setback behind the building line, minimum landscaped area and private open space) should be confirmed against the current Part 3.3 PDF on council’s DCP page, which is the 10 megabyte document listed under Part 3 Development Type; the figures below describe how each control works rather than quoting numbers that council has amended over time.
| Element | Where controlled | How council applies it | Typical knock-down rebuild issue |
|---|---|---|---|
| Streetscape | DCP 2014 Part 3.3 streetscape controls | The new house is compared with the established pattern of the street: setbacks, scale, roof form, fencing and the position of garages | A two storey box with a double garage forward of the living rooms on a street of single storey cottages |
| Front setback | Part 3.3 setback controls | A minimum distance, or consistency with the average of adjoining dwellings, with articulation elements allowed to project | Matching the code minimum where the street average is larger |
| Side and rear setbacks | Part 3.3 building envelope controls | Setbacks increase with wall height; upper floors set in from the ground floor to protect neighbours’ sun and privacy | Upper floor walls carried straight up on the boundary side |
| Height | LEP clause 4.3 and DCP storey and wall height controls | Mapped height in metres measured from existing ground, plus DCP limits on wall height and storeys on sloping sites | Sloping Denistone and Ryde blocks where the downhill side exceeds the mapped height |
| Garages | Part 3.3 garage and driveway controls; Part 8.3 Driveways | Garage limited to a proportion of the frontage and set behind the front facade; single driveway crossing of limited width | Triple garage on a 15 metre frontage |
| Floor space | LEP clause 4.4 | Gross floor area of the house divided by site area must not exceed the mapped FSR | Basement garages and voids counted incorrectly |
| Landscaping and open space | Part 3.3 landscaped area and private open space controls; LEP clause 6.4 | Minimum soft landscaped area, deep soil for trees, private open space off living areas, permeable surfaces | Full width paved driveway and pool leaving little soft area |
| Trees | DCP Part 9.5 and Tree Management Technical Manual | Tree removal assessed with the DA; arborist report where significant trees are affected | Removing a street-visible tree for the driveway |
The common mistake on Ryde rebuilds is to design to the Housing Code envelope and then lodge a DA when a CDC is refused. The DCP’s streetscape and garage controls are stricter in intent than the code on garage dominance and front setback consistency, and council’s planners assess them on the merits. A house designed to Part 3.3 from the start avoids a redesign.
How do the LEP height and FSR standards work on a Ryde block?
Clause 4.3(2) states that the height of a building must not exceed the maximum shown on the Height of Buildings Map, and clause 4.4(2) states that the floor space ratio must not exceed the figure on the Floor Space Ratio Map. Clause 4.5 defines the site area and the calculation. The mapped figures for R2 land vary across the LGA, so read them for the exact lot on the NSW Planning Portal Spatial Viewer or a section 10.7 certificate rather than assuming the common suburban figures. Clause 4.3A and clause 4.4A provide exceptions in mapped areas, mostly in centres and larger lots, and are rarely relevant to a single house.
Height is measured from existing ground level to the highest point of the building, so on the sloping blocks that run down to the Parramatta River at Putney, Gladesville and Tennyson Point the downhill elevation governs. FSR counts gross floor area as defined in the LEP dictionary; a habitable basement and a garage are included, a void is not, and the difference between a compliant and a non-compliant house is often the treatment of the lower level on a sloping site. Where the house cannot be made to fit, clause 4.6 (exceptions to development standards) allows a written request to vary the standard, which council assesses against the tests in the clause. Clause 4.6 is not available for a CDC; a house that needs a variation is a DA house.
What do earthworks, stormwater and trees add to a Ryde DA?
Clause 6.2 (earthworks) requires consent for earthworks that are not exempt or ancillary to approved development, and lists the matters council must consider: drainage patterns and soil stability, the effect on future use of the land, the quality of fill, the amenity of adjoining properties, the source and destination of material, the likelihood of disturbing relics and the proximity to waterways. On a knock-down rebuild the earthworks are assessed with the house, and a cut and fill plan with existing and finished levels is expected.
Clause 6.4 (stormwater management) applies to residential land and prevents consent unless council is satisfied the development maximises permeable surfaces having regard to the soil, includes on-site retention for reuse where practicable, and avoids or minimises stormwater impacts on adjoining properties, bushland and receiving waters. DCP Part 8.2 Stormwater and Floodplain Management and the Stormwater Management Technical Manual set the design requirements, including on-site detention where required and the treatment of overland flow paths on the low points at West Ryde and Meadowbank. Where there is no gravity discharge to the street, the drainage design has to be resolved before lodgement.
Tree removal is assessed under DCP Part 9.5 Tree Preservation with council’s Tree Management Technical Manual; a significant tree in the front setback usually needs an arborist report and can change the driveway location. Part 7.1 Energy Smart, Water Wise sits alongside the BASIX certificate required under State Environmental Planning Policy (Sustainable Buildings) 2022 for the new house.
DA or CDC for a Ryde knock-down rebuild?
- Check the section 10.7 certificate and the Spatial Viewer for the exclusions in Part 1 of the Codes SEPP: heritage item or conservation area, flood control lot, bush fire prone land, foreshore area under clause 6.5, acid sulfate soils class and any easement or drainage line crossing the lot.
- Read the mapped height and FSR under clauses 4.3 and 4.4 and confirm the lot is not a battle-axe lot or below the Housing Code’s minimum lot width for the intended house type.
- Test the sketch design against the Housing Code standards (setbacks, height, site coverage, landscaped area, car parking and articulation zone); if every standard is met and the land is not excluded, a CDC can be issued by council or a private certifier in 20 days.
- If any standard is not met, or the land is excluded, or the design needs a clause 4.6 variation, prepare a DA against Ryde DCP 2014 Part 3.3 with a streetscape analysis, shadow diagrams for 21 June, a landscape plan, a stormwater concept under clause 6.4 and Part 8.2, and an arborist report if trees are affected.
- Lodge the demolition as part of the same application, with a waste management plan under the DCP’s waste part, and address asbestos removal in the Statement of Environmental Effects.
- Where the lot is 580 square metres or more with a 15 metre frontage, consider whether a dual occupancy under clause 4.1B, subdivided under clause 4.1A into lots of at least 290 square metres and 7.5 metres frontage, is a better use of the block than a single rebuild.
- After consent, obtain the construction certificate and, if you are building it yourself, the owner-builder permit from NSW Fair Trading.
Where do Ryde rebuild DAs go wrong?
Four patterns. First, the garage dominates the frontage: a double or triple garage forward of the front wall on a street where every garage is behind the building line is refused on streetscape grounds under Part 3.3, whatever the code would allow. Second, the upper floor is not set in from the side boundary, so the neighbour’s north facing windows and yard lose the winter sun the DCP protects; shadow diagrams at 9 am, noon and 3 pm on 21 June expose this early. Third, the lower level on a sloping block is treated as a basement for FSR when it is habitable floor space above ground on the downhill side, pushing the house over the mapped FSR. Fourth, the stormwater and tree issues are left to conditions; council’s engineers and tree officers assess them with the DA, and a missing drainage concept or arborist report is a standard request for information.
Definitions
- Knock-down rebuild
- Demolition of an existing dwelling and construction of a new dwelling house on the same lot, approved by CDC or DA.
- Complying development certificate (CDC)
- A combined planning and construction approval issued by council or a private certifier where the proposal meets every standard of the Housing Code and the land is not excluded by Part 1 of the Codes SEPP.
- Streetscape
- The established pattern of setbacks, scale, roof forms, fences, garages and landscaping along a street, which Ryde DCP 2014 Part 3.3 requires a new house to respect.
- Articulation zone
- The part of the front setback in which the Housing Code and the DCP allow porches, verandahs, balconies and similar elements to project forward of the main front wall.
- Gross floor area
- The sum of the floor area of each floor of a building measured from the internal face of the external walls, with the exclusions listed in the LEP dictionary, used to calculate FSR under clause 4.4.
- Clause 4.6 request
- A written request under clause 4.6 of Ryde LEP 2014 to vary a development standard such as height or FSR, available with a DA but not with a CDC.
Frequently asked questions
Can I do a knock-down rebuild in Ryde as complying development?
Yes on R2 land if the lot is not excluded by Part 1 of the Codes SEPP (heritage conservation area, uncertified flood control lot, certain environmentally sensitive land) and the new house meets every standard in the Housing Code. Any non-compliance or need for a clause 4.6 variation means a DA under Ryde LEP 2014.
What front setback does Ryde require for a new house?
Ryde DCP 2014 Part 3.3 sets the front setback by reference to a minimum and to the setbacks of adjoining dwellings so that the new house sits within the established streetscape, with limited projections allowed for porches and verandahs. Confirm the current figures in the Part 3.3 PDF on council’s DCP page, as they differ from the Housing Code minimums.
How wide can my garage be?
Part 3.3 limits the garage to a proportion of the site frontage and requires it to be set behind the front facade so that it does not dominate the street, and Part 8.3 Driveways limits the crossing width. A triple garage across a standard frontage will not comply; check the current control before design.
Does a sloping block change the height limit?
The mapped height under clause 4.3 is measured from existing ground level, so the downhill elevation governs on a sloping block, and the DCP adds wall height and storey controls. A split level or stepped design usually resolves it; otherwise a clause 4.6 request is needed with a DA.
Should I build a duplex instead of a single house?
Clause 4.1B of Ryde LEP 2014 allows a dual occupancy on R2 land only where the lot is at least 580 square metres with a 15 metre primary road frontage, and clause 4.1A allows Torrens or strata subdivision into lots of at least 290 square metres with 7.5 metre frontages. On qualifying lots it is worth comparing both options before committing to the rebuild design.
URBA prepares Statements of Environmental Effects and DA versus CDC pathway advice for knock-down rebuilds across the City of Ryde and northern Sydney, testing each design against Ryde LEP 2014 clauses 4.3, 4.4, 6.2 and 6.4 and DCP 2014 Part 3.3 before lodgement. See our DA or CDC pathway advice, our Statement of Environmental Effects service and our Sydney town planning page, or request a fee proposal for your block.
Sources and references
- Ryde Local Environmental Plan 2014, clauses 4.1A, 4.1B, 4.3, 4.4, 4.6, 5.10, 6.1, 6.2, 6.4 and 6.5, accessed September 2026
- City of Ryde, Development Control Plan 2014 page (Part 3.3 Dwelling Houses and Dual Occupancy, Part 8.2, Part 8.3, Part 9.3 and Part 9.5), accessed September 2026
- State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Part 1 and Part 3 Housing Code, accessed September 2026
- NSW Department of Planning, Housing and Infrastructure, Complying development, accessed September 2026
- State Environmental Planning Policy (Housing) 2021, Chapter 6, section 166 dual occupancies in Zone R2, accessed September 2026
- Environmental Planning and Assessment Act 1979, sections 4.15 and 10.7, accessed September 2026
Information disclaimer. This article is general planning information prepared by the URBA Planning Team and is current at the date of publication. It is not planning, legal or financial advice for any specific property. Planning instruments, development control plans, state policies and the National Construction Code are amended regularly and councils interpret them differently; the controls quoted here should be confirmed against the versions in force at the date of lodgement and against the consent authority’s current requirements. Reliance on this article is at the reader’s own risk. URBA Planning, a division of Contrive Consultants Pty Ltd, accepts no liability for loss arising from its use. For advice on a specific site, contact URBA for a fee proposal.