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Contents (2008 - 572)
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State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Current version for 1 July 2019 to date (accessed 26 August 2019 at 19:56)
Part 3D Division 8
Division 8 Development standards for associated works including earthworks, retaining walls, drainage, protection of walls and protection of trees
3D.61   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, or
(b)  if located more than 1m but not more than 1.5m from any boundary—2m, or
(c)  if located more than 1.5m from any boundary—3m, or
(d)  if carried out wholly within the footprint of a building or any attached development or detached development—3m.
(2)  Subclause (1) does not apply to excavation for the purposes of a footing associated with development that is a farm building, unless the development is on land that is identified for the purposes of an environmental planning instrument as Class 1, 3, 4 or 5 on an Acid Sulfate Soils Map.
(3)  Despite subclause (1), the excavation must not exceed a maximum depth, measured from ground level (existing), of 1m if the land is identified as Class 1, 3, 4 or 5 on an Acid Sulfate Soils Map or is within 40m of a waterbody (natural).
(4)  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 waterinfo.nsw.gov.au.
(5) 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 dwelling house under this code—1m, and
(b)  if the fill is for any other purpose under this code—600mm.
(6)  Despite subclause (3), the height of fill contained wholly within the footprint of a building or any attached development or detached development is not limited.
(7)  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 25% of the landscaped area of the lot.
(8)  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.
(9) 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)  if the retaining wall is erected on a lot with an area greater than 4,000m2:
(i)  is not more than 10m from the dwelling house and any attached development, measured horizontally from the point of the retaining wall that is furthest from the dwelling house and any attached development, and
(ii)  is not more than 5m from any detached development, measured horizontally from the point of the retaining wall that is furthest from the detached development, and
(g)  has been installed in accordance with any manufacturer’s specifications, and
(h)  if it is an embankment or batter—has a toe or top that is more than 1mfrom any side or rear boundary.
(9) Footprint In this clause, footprint has the same meaning as it has in Division 7.
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.
3D.62   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.
3D.63   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.
3D.64   Setbacks of dwelling houses, attached development and detached development from protected trees
(1) Pruning and removal of trees A complying development certificate for complying development under Division 2 of this code 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 dwelling 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 on the lot (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.