New South Wales Consolidated Regulations

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STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 3.30

Earthworks, retaining walls and structural support

3.30 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 the land is identified as Class 3 or 4 on an Acid Sulfate Soils Map or is within 40m of a waterbody (natural).
(3) 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, or
(b) if the fill is for any other purpose under this code--600mm.
(4) Despite subclause (3), the height of fill is not limited if the fill is contained--
(a) wholly within the footprint of a dwelling house, attached development or detached development, or
(b) by a drop edge beam.
(5) Fill that is higher than 150mm above ground level (existing) and is not contained wholly within the footprint of a dwelling house or any attached development or detached development is limited to 50% of the landscaped area of the lot.
(6) The ground level (finished) of the fill must not be used to measure the height of any dwelling house or any attached development or detached development under this code.
(7) 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 have 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 other retaining wall or structural support on the site by at least 2m, measured horizontally, and
(f) has been installed in accordance with any manufacturer's specifications, 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.
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.



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