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State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Current version for 13 September 2019 to date (accessed 17 September 2019 at 18:18)
Subdivision 15 Earthworks, retaining walls and structural support
2.29 Specified development
Earthworks and the construction or installation of a retaining wall or other form of structural support is development specified for this code if it is not carried out, constructed or installed on or in a heritage item or a draft heritage item, on a flood control lot or in an environmentally sensitive area.
2.30 Development standards
The standards specified for that development are that the development must—(a) not be a cut or fill of more than 600mm below or above ground level (existing), and(b) be located at least 1m from each lot boundary, and(c) if it is carried out, constructed or installed in a heritage conservation area or a draft heritage conservation area—be located in the rear yard, and(d) be located at least 40m from a waterbody (natural), and(e) not redirect the flow of any surface water or ground water or cause sediment to be transported onto an adjoining property, and(f) if it is a retaining wall or structural support for excavation or fill, or a combination of both—(i) be not be more than 600mm high, measured vertically from the base of the development to its uppermost portion, and(ii) be separated from any retaining wall or other structural support on the site by at least 2m, measured horizontally, and(iii) be located at least 1m from any registered easement, sewer main or water main, and(iv) have adequate drainage lines connected to the existing stormwater drainage system for the site, and(g) if the fill is more than 150mm deep—not occupy more than 25% of the area of the lot, and(h) if the fill is imported to the site—be free of building and other demolition waste, and only contain virgin excavated natural material (VENM) as defined in Part 3 of Schedule 1 to the Protection of the Environment Operations Act 1997, and(i) if the land is in a rural zone—not be fill of more than 100 cubic metres on each lot.Note.It is an offence to transport waste to a place other than an appropriate and lawful waste facility (see section 143 of the Protection of the Environment Operations Act 1997).