NSW Retaining wall issues with council

Discussion in 'Property Law Forum' started by Stuart McMaster, 13 July 2018.

  1. Stuart McMaster

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    Hi,
    I am looking to build and repair current retaining walls on our property boundry to allow us to cut our backyard level flat and also fix the current retaining walls which are falling apart and leaning over.
    I have drawings from a qualified draftsman and structural engineer.
    The local council is telling me I can’t build this wall anywhere near the boundry line as it is a structure on my property. Why can’t I build this wall on the boundry since the whole purpose of it is to stop my neighbours land falling into mine? Why should I have to lose approx 300mm of my land to build this wall?
     
  2. Paul Cott

    Paul Cott Well-Known Member
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    Hi Stuart,

    I'm confused as to exactly what the Council's reasoning is as to why they won't permit you to those works. Can you elaborate? I don't know what you mean by saying 'as it is a structure' on your property. Paul.
     
  3. Stuart McMaster

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    Hi Paul,
    Thanks for the reply.
    The council simply said, because I am building the wall it has to be entirely on my property, concrete footings and all. They are calling the wall a structure being built, therefore can’t be on the boundary line.
    None of this makes sense to me but they are adamant I won’t get a D.A with the wall being on the boundary.
    Any advice will be much appreciated.
    Thanks.
     
  4. Rod

    Rod Well-Known Member
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    Ask for the regulation they are applying to your retaining wall.

    I had thought retaining walls, while a structure, are exempt from the normal structure rules and have their own rules. I believe the distance from the boundary depends on the height of the wall. What is the maximum height of the proposed wall?

    Read through this information. There's a bit to get through but should help with your argument to the council: Earthworks, retaining walls and structural support | NSW Planning Portal

    And this information sheet: Earthworks and Retaining Walls | NSW Planning Portal
     
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  5. Stuart McMaster

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    Hi Rod,
    Thanks for the links,
    I’ll sift through them to take as much info as possible to the council.
    The wall goes up to 2.8m not including the fence on top (It’s a monster).
     
  6. Rod

    Rod Well-Known Member
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    Hmm, did some of the reading and looks like you won't qualify for the exemption. Means you are left looking through the relevant regulations the council is using.

    And yes 2.8m high is large - workers will need a safety harness!
     
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