State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Historical version for 8 July 2011 to 24 November 2011 (accessed 24 November 2014 at 04:07) Current version
Part 3ADivision 3Subdivision 7

Subdivision 7 Ancillary development

3A.33   Swimming pools

(1)  Ancillary development comprising a swimming pool for private use must be located on a lot:
(a)  behind the setback area from a primary road, or
(b)  in the rear yard.
Note. Development for the purposes of a swimming pool is not complying development under this Code unless it is ancillary to a dwelling house.
(2)  The swimming pool water line must have a setback of at least 1m from a side or rear boundary.
(2A)  Despite subclauses (1) and (2), if the swimming pool is being constructed in a heritage conservation area, the swimming pool must be located:
(a)  behind the rear most building line of the dwelling house, and
(b)  no closer to each side boundary than the dwelling house.
(3)  Decking around a swimming pool must not be more than 600mm above ground level (existing).
(4)  Coping around a swimming pool must not be more than:
(a)  1.4m above ground level (existing), or
(b)  300mm wide if the coping is more than 600mm above ground level (existing).
(5)  Water from a swimming pool must be discharged in accordance with an approval under the Local Government Act 1993 if the lot is not connected to a sewer main.
(6)  Pumps attached to the development must be housed in a soundproof enclosure.
(7)  If the swimming pool is being constructed after, and at a different time to, the erection of a dwelling house on the lot, the development standards for this Code (other than the standards referred to in clause 3A.24 and this clause) do not apply to the construction.
Note. A child-resistant barrier must be constructed or installed in accordance with the requirements of the Swimming Pools Act 1992.

3A.34   Fences and retaining walls

(1)  A fence and any associated retaining wall located within the setback area from a primary road must:
(a)  not be more than 1.2m above ground level (existing), and
(b)  be open for at least 50 per cent of the upper ⅔ of the area of the fence, and
(c)  in relation to any brick or other solid portion of the fence above 600mm, be not more than 250mm wide.
(2)  A fence and any associated retaining wall located behind the setback area from a primary road or any side or rear boundary fence must not be more than 1.8m above ground level (existing).
(3)  A retaining wall or embankment that is not subject to Subdivision 6 must not have a height above or below ground level (existing) of more than:
(a)  600mm at any distance up to 500mm from a side or rear boundary, or
(b)  1m at any distance more than 500mm from a side or rear boundary.
(4)  The fence or the fence and associated retaining wall on a sloping lot may be stepped, provided the height of each step is not more than:
(a)  1.6m above ground level (existing) if it is located within a setback area from a primary road, or
(b)  2.2m above ground level (existing) in any other case.
(5)  If the land on which a fence or retaining wall is to be erected is bush fire prone land, the fence or retaining wall must be constructed from non-combustible materials.
(6)  All fill on a lot that is not subject to Subdivision 6 must be retained by a retaining wall.
(7)  Fill more than 150mm deep must not occupy an area of more than 50 per cent of the landscaped area of the lot.

3A.35   Construction of fences

(1)  A fence must not incorporate barbed wire in its construction or be electrified if it is on a lot in Zone R5.
(2)  If the land on which a fence is to be erected is bush fire prone land, the fence must be constructed from non-combustible materials.
(3)  Metal used in the construction of a fence must be low reflective and factory pre-coloured.
(4)  A fence must not be of solid construction (for example, colourbond) if it is on a side or rear boundary of a lot.
(5)  A fence must not be constructed so as to redirect the overland flow of surface water onto adjoining properties.
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