NSW Am I Required to Do Everything Council Asks?

[Terry J]

I've built a property in a newly established estate and trying to get my full occupancy certificate. A requirement of the estate is that we have lapped and capped timber fencing so we engaged a fencing contractor to build our fences and also included some horizontal pine sleepers directly underneath the fence as retaining for 400mm.

Our understanding was that the Dividing Fences Act allowed for this. Now we are trying to get our occupancy certificate and Council are saying the walls are non-compliant as they are on the boundary and we need to get a building certificate, a survey and an engineer to check over everything. The fences were all built with consent of neighbours and no disputes arose there, this is strictly with Council.

Am I required to do everything they've asked? It is going to cost us thousands in engineers and drawings and surveys.

 

[Rod]

Ask the council to tell you under what provisions/regulations they are requesting this information.

In Victoria for instance the height of the wall is important, and if it is less than a certain height (not sure, possibly 500mm) then no regulations apply.

 

[Terry J]

They're claiming under NSW SEPP that any wall, regardless of height, within 900mm of a boundary requires a development application and engineering drawings. As it has already been built we're struggling to find anyone that will sign off on someone elses work.

 

[Rod]

Is this the SEPP they quoted: State Environmental Planning Policy (Exempt and Complying Development Codes) 2008?

The relevant section appears to be in Earthworks, retaining walls and structural support 2.30 Development standards

The standards specified for that development are that the development must:
(a) not be a cut or fill of more than 600mm below or above ground level (existing), and
(b) be located at least 1m from each lot boundary, and...​

In which case they are correct. What has the fencing contractor said about this issue?

Ask the council if you can have an internal review of the decision.
If that fails, try the NSW Ombudsman.

Can you move the wall? Might be cheaper.