State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

pt 3BA, div 3: Ins 2025 (355), Sch 1[6]. 3BA.8 Earthworks, retaining walls and structural support (1) 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. (2) Excavation for the purposes of a pier in a pier and beam foundation may exceed the maximum depth specified in subclause (1) if a professional engineer has certified the depth of the excavation. (3) Despite subclauses (1) and (2), 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 . (4) Before an excavation exceeding a maximum depth, measured from ground level (existing), of 1m is carried out on a lot— (a) a geotechnical investigation report for the lot must be obtained, and (b) the report must show— (i) no groundwater is present on the part of the lot where the excavation is to be carried out, or (ii) groundwater is present on the part of the lot but is below the level of the excavation. (5) The geotechnical investigation report required under subclause (4) must— (a) be prepared by a professional engineer specialising in geotechnical engineering, and (b) be prepared in accordance with AS 1726:2017 , Geotechnical site investigations . (6) 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, or (b) if the fill is for any other purpose under this code—600mm. (7) Despite subclause (6), the height of fill is not limited if the fill is contained— (a) wholly within the footprint of a building, attached development or detached development, or (b) by a drop edge beam. (8) 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. (9) 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. (10) 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) its 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 groundwater, 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 1m from any side or rear boundary. (11) 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. cl 3BA.8: Ins 2025 (355), Sch 1[6]. 3BA.9 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— All stormwater drainage systems and connections to public drainage systems of inter-allotment drainage systems must either be approved under the Local Government Act 1993 , section 68 or comply with the requirements for the disposal of stormwater contained in the development control plan applicable to the land. cl 3BA.9: Ins 2025 (355), Sch 1[6]. 3BA.10 Protecting adjoining walls A 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. cl 3BA.10: Ins 2025 (355), Sch 1[6]. 3BA.11 Setbacks from protected trees (1) A complying development certificate for complying development under this part is taken to satisfy any requirement under this policy for a permit, approval 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 25m 2 , 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) Development under this code must be at least 3m from each protected tree on the lot and any adjacent 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— Development consent and protected tree are defined in clause 1.5. cl 3BA.11: Ins 2025 (355), Sch 1[6]. 3BA.12 Conditions specified in Schedule 6A and 6B apply (1) A complying development certificate for development specified in clause 3BA.3 must be issued subject to the conditions specified in Schedule 6A, other than condition 28. (2) Schedule 6A, condition 17 is taken to apply to the erection of multi dwelling housing for the purposes of this code. (3) A complying development certificate for development specified in clause 3BA.4 or 3BA.5 must be issued subject to the conditions specified in Schedule 6B, other than condition 2. cl 3BA.12: Ins 2025 (355), Sch 1[6].