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Contents (2008 - 572)
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State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Current version for 8 February 2019 to date (accessed 27 June 2019 at 04:15)
Part 3B Division 6
Division 6 Development standards for associated works including earthworks, retaining walls, drainage, protection of walls, protection of trees and conditions under complying development certificates
3B.58   Earthworks, retaining walls and structural support
(1) Excavation Excavation for the purposes of development under this code must not exceed a maximum depth, measured from ground level (existing), of:
(a)  if located not more than 1m from any boundary—1m, and
(b)  if located more than 1m but not more than 1.5m from any boundary—2m, and
(c)  if located more than 1.5m from any boundary—3m.
(2)  Despite subclause (1), the excavation must not exceed a maximum depth, measured from ground level (existing), of 1m if:
(a)  the land is identified as Class 3 or 4 on an Acid Sulfate Soils Map, or
(b)  the land is within 40m of a waterbody (natural), or
(c)  the excavation is an aquifer interference activity within the meaning of the Water Management Act 2000.
(3)  Before an excavation that exceeds a maximum depth, measured from ground level (existing), of 1m is carried out on a lot, a groundwater works summary must be obtained for the lot that shows that there is no groundwater present on that part of the lot on which the excavation is to be carried out or that groundwater is present on that part of the lot but is below the level of the excavation.
Note.
 Groundwater summaries are available from www.waterinfo.nsw.gov.au.
(4) Fill Fill must not exceed a maximum height, measured from ground level (existing), of:
(a)  if the fill is for the purposes of the erection or alteration of, or an addition to, a dual occupancy or manor house under this code—1m, and
(b)  if the fill is for any other purpose under this code—600mm.
(5)  Despite subclause (4), the height of fill contained wholly within the footprint of a building or any attached development or detached development is not limited.
(6)  Fill that is higher than 150mm above ground level (existing) and is not contained wholly within the footprint of a building or any attached development or detached development is limited to 50% of the landscaped area of the lot.
(7)  The ground level (finished) of the fill must not be used to measure the height of any building or any attached development or detached development under this code.
(8) Retaining walls and structural supports Support for earthworks more than 600mm above or below ground level (existing) must take the form of a retaining wall or other structural support that:
(a)  a professional engineer has certified as structurally sound, including in relation to (but not limited to) the ability to withstand the forces of lateral soil load, and
(b)  has been designed so as not to redirect the flow of any surface water or ground water, or cause sediment to be transported, onto an adjoining property, and
(c)  has adequate drainage lines connected to the stormwater drainage system for the site, and
(d)  does not result in a retaining wall or structural support with a total height measured vertically from the base of the retaining wall or structural support to its uppermost portion that is more than the height of the associated excavation or fill, and
(e)  is separated from any retaining wall or structural support on the site by at least 2m, measured horizontally, and
(f)  has been installed in accordance with the manufacturer’s specifications (if any), and
(g)  if it is an embankment or batter—has a toe or top that is more than 1mfrom any side or rear boundary.
(9)  If a retaining wall has a height of more than 600mm above ground level (existing) and is located within the front setback of a building, a landscaped area with a minimum depth of 600mm must be provided in front of the wall (on the low side).
Note 1.
 Excavation, fill and ground level (existing) have the same meanings as they have in the Standard Instrument.
Note 2.
 Fill and excavation that is not associated with a building may be exempt development under clauses 2.29 and 2.30.
3B.59   Drainage
All stormwater collecting as a result of development erected, altered or added to under this code must be directed by a gravity fed or charged system to:
(a)  a public drainage system, or
(b)  an inter-allotment drainage system, or
(c)  an on-site disposal system.
Note 1.
 Drainage has the same meaning as it has in the Standard Instrument.
Note 2.
 All stormwater drainage systems and connections to public drainage systems of inter-allotment drainage systems must either be approved under section 68 of the Local Government Act 1993 or comply with the requirements for the disposal of stormwater contained in the development control plan that is applicable to the land.
3B.60   Protecting adjoining walls
Any wall constructed within 900mm of a lot boundary must be built in accordance with the support method proposed by the professional engineer’s report provided with the application for the complying development certificate.
Note 1.
 Professional engineer is defined in clause 1.5.
Note 2.
 Complying development certificate has the same meaning as it has in the Act.
3B.61   Setbacks of dual occupancies, manor houses, attached development and detached development from protected trees
(1) Pruning and removal of trees A complying development certificate for complying development under Division 1 is taken to satisfy any requirement under this Policy for a permit or development consent to remove or prune a tree or other vegetation on the lot if:
(a)  the tree is not listed on a register of significant trees kept by the council, and
(b)  the tree or vegetation will be within 3m of any building that has an area of more than 25m2, and
(c)  the tree or vegetation has a height that is less than:
(i)  for development that is the erection of a new dual occupancy or manor house—8m and is not required to be retained as a condition of consent, or
(ii)  in any other case—6m.
(2) Setbacks from protected trees Development under this code must be at least 3m from each protected tree (measured from the base of the trunk of the tree).
(3)  Despite subclause (2), the following development can be located within 3m of a protected tree if works do not involve excavation or fill of more than 150mm below or above ground level (existing):
(a)  an access ramp,
(b)  a driveway, pathway or paving,
(c)  an awning, blind or canopy,
(d)  a fence, screen, or child-resistant barrier associated with a swimming pool or spa pool.
Note 1.
 Development consent, dwelling house and protected tree are defined in clause 1.5.
Note 2.
 Council, excavation, fill, ground level (existing), spa pool and swimming pool have the same meanings as they have in the Standard Instrument.
Note 3.
 Complying development certificate has the same meaning as it has in the Act.
Note 4.
 A separate permit or development consent may be required if the branches or roots of a protected tree on the lot or on an adjoining lot are required to be pruned or removed.