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Contents (2000 - 557)
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Environmental Planning and Assessment Regulation 2000
Current version for 1 September 2017 to date (accessed 22 September 2017 at 19:57)
Part 6 Division 8A Clause 98E
98E   Condition relating to shoring and adequacy of adjoining property
(1)  For the purposes of section 80A (11) of the Act, it is a prescribed condition of development consent that if the development involves an excavation that extends below the level of the base of the footings of a building, structure or work (including any structure or work within a road or rail corridor) on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:
(a)  protect and support the building, structure or work from possible damage from the excavation, and
(b)  where necessary, underpin the building, structure or work to prevent any such damage.
(2)  The condition referred to in subclause (1) does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.