(1) Fill associated with the erection of, or alteration or additions to, a dwelling house or ancillary development must be contained wholly within the external walls of the dwelling house or ancillary development.(2) Despite subclause (1), exposed fill may be constructed using an unprotected embankment if the dwelling house or ancillary development has a setback of more than 2m from a side or rear boundary, if:(a) the fill is not more than 600mm above ground level (existing), and(b) the fill (but not the embankment) does not extend more than 1m beyond an external wall of the dwelling house or ancillary development, and(c) the toe of the unprotected embankment has a setback of at least 400mm from a side or rear boundary.
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008