Wollongong Retaining Walls: Do You Need Council Approval?

The Short Version

  • Three questions settle most cases: the wall's height, what sits on the ground above it, and its distance from boundaries and other structures. A low wall holding back ordinary garden soil, well clear of boundaries and buildings, may be exempt development; make it taller, put it near a boundary or put a driveway behind it and you'll probably need approval.
  • Keep an eye out for surcharge. Any extra load behind the wall, such as a driveway, carport, pool or a fill pad, puts the wall in a different category and generally calls for an engineer.
  • In NSW the main pathways are exempt development under the Codes SEPP, a complying development certificate (CDC) or a development application (DA) to Wollongong City Council. On escarpment land mapped for landslip or geotechnical risk, expect extra requirements. The rules are detailed and change, so confirm with council or a registered certifier before work starts.
  • Approvals aside, good drainage and proper design are what keep a wall upright. Water brings down far more walls than paperwork ever does, especially on a steep Illawarra block.

Whether you need approval generally depends on how tall the wall is, whether there's any load on the ground behind it, and how close it sits to boundaries, buildings and other walls. A low wall around a garden bed might be exempt development. Run a driveway along the top of an identical wall and everything changes, since the weight of cars adds pressure that needs an engineered design.

In New South Wales, retaining walls fall under the planning system. Small, simple walls may be exempt development under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, the Codes SEPP. Walls that meet set standards may be approved as complying development with a certificate (CDC) from council or a registered certifier. Everything else generally needs a development application (DA) to Wollongong City Council, assessed against council's local environmental plan and development control plan, which includes geotechnical requirements for sloping and landslip-prone land. Structural work also has to meet the National Construction Code, and residential builders need the right NSW Fair Trading licence. The rules have conditions attached and are updated over time, so use this guide as a general starting point. For a firm answer on your own wall, speak to council or a registered certifier.

When approval is likely

If any of the following sounds like your wall, plan on talking to a certifier or council and an engineer, and you may well need a CDC or DA.

  • It's taller than a low garden edge: exempt walls are generally limited to around 600 mm of cut or fill, and height is measured from the ground level, so your wall may count as taller than it looks.
  • There's a load above it: for example a driveway, a house or garage, a pool, a carport, a shed or a raised fill pad.
  • It's close to a boundary, a building or another retaining wall, or it forms part of a pool barrier.
  • Your land has a planning or hazard issue, such as landslip or geotechnical mapping, flooding, heritage, a drainage easement, or the wall would change how stormwater runs onto your neighbour's block.

Several of these can apply at once, which is how a wall that seems clearly exempt ends up needing sign-off. Terraced walls catch a lot of people out on steep Illawarra blocks: a pair of low walls stepped close together can be treated as a single tall wall, even if neither is high on its own.

When it may be exempt

Exempt development is designed for small, simple walls.

  • Low walls retaining only garden soil, within the Codes SEPP height limits, with no load in the area that bears on the wall.
  • Set back from the boundary by the required distance, clear of buildings and other retaining walls, and not part of a pool barrier.
  • On land without disqualifying constraints: exempt development generally isn't available on heritage items, and other mappings or easements can rule it out. The wall also must not redirect stormwater onto neighbouring land.

Exempt is not the same as anything goes. No inspector will be looking over the job, which makes sound construction and drainage all the more important.

Landslip areas and engineering

Wollongong is unusual because so many homes sit on the lower slopes of the Illawarra Escarpment. Parts of those foothills are mapped by council as landslip or geotechnical risk areas, and on that land cutting into the slope or building a wall can need a geotechnical report and an engineer's design before council or a certifier will approve it. Your property's planning certificate (the section 10.7 certificate you got when you bought) shows whether the block is affected. Even off the mapped areas, a wall over the exempt height, or any wall with a surcharge, should be engineered to AS 4678.

What is surcharge?

No word comes up in our conversations more, and it's typically what turns a simple wall into an engineered one.

In plain terms, it's any weight bearing on the retained ground apart from the soil. In Wollongong it's most often a driveway. Our blocks are often steep, and level changes are everywhere: a driveway cut into the hillside in Mount Pleasant or Keiraville, a carport pad built up on fill in Farmborough Heights, or a parking bay above a terraced garden in Thirroul or Austinmer. Cars and utes are heavy, they come and go every day, and their weight pushes down into the fill the wall is holding back. A surcharged wall will generally need an engineer to design it to AS 4678, and our retaining walls crew builds to that design.

A quick guide to common situations

Use this table as a first check, then confirm the specifics with Wollongong City Council or a registered certifier.

Your situationWill you probably need approval?
Higher than a low garden wall (generally over around 600 mm)Probably a CDC or DA, with an engineer involved
Any height, with a driveway, structure or fill pad behind itProbably a CDC or DA, with an engineer involved
Close to a boundary, building or another wall, or part of a pool barrierProbably; check with council or a certifier
Land mapped for landslip, flooding, heritage or with an easementLikely a DA, possibly with a geotechnical report; check with council
Part of a bigger job that already has a DA or CDCMay already be covered; check the approved plans
Low wall, garden soil only, no surcharge, set back from boundaries, no land constraintsMay be exempt; check every Codes SEPP condition first

What skipping approval can cost you

The consequences usually arrive years down the track, which is why skipping approval can seem tempting and why it's a bad idea. A building inspector or a buyer's conveyancer may flag the wall, council can issue orders, and regularising it afterwards can mean engineering reports, uncovering completed work or rebuilding it entirely. That's not something you want to deal with while you're trying to settle a sale, or after a wall has moved in heavy rain.

Get the drainage right, whatever the paperwork

Of everything here, this is the part to hold onto. Most retaining walls fail because of water, and an Illawarra East Coast Low, particularly on a sloping block with clay or shale behind the wall, will expose any shortcut. Stormwater also has to go somewhere lawful: into your property's stormwater system or a council-approved discharge point, not onto your neighbour's land.

How we build walls that last

Wet soil is far heavier than dry soil, and trapped water adds hydrostatic pressure the wall was never designed to carry. With nowhere to drain, that pressure builds until the wall leans, bulges or cracks, and a few days of heavy coastal rain can soak a hillside right through. Clean drainage gravel behind the wall, wrapped in geotextile, with an ag line at the footing and weep holes through the face, relieves that pressure for a tiny fraction of what a rebuild costs. We put them into every wall we build, whether it's inspected or not, and we work with your engineer, certifier and council when approval is needed. Our excavation crew also puts in a Before You Dig Australia enquiry before a single bucket goes into the ground, so services are located first.

FAQ

Questions Readers Often Ask

It depends on your wall. Some low retaining walls can be built as exempt development under the NSW State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, often called the Codes SEPP, as long as every condition is met. Those conditions cover things like the height of the wall (generally around 600 mm of cut or fill), how far it sits from the boundary, drainage, and whether the land is a heritage item, in a heritage conservation area or affected by other constraints. They're updated from time to time, so treat any figure as a guide only. A taller wall, one near a boundary, or one carrying a load will generally need either a complying development certificate or a development application to Wollongong City Council, plus an engineer's design. Check with council or a registered certifier before anything gets built.

A development application (DA) is lodged with council, which assesses it against its planning controls, may notify neighbours, and decides whether to approve it and on what conditions. A complying development certificate (CDC) is a faster, tick-the-box approval for work that meets set standards in the Codes SEPP, and it can be issued by council or a registered certifier. Not every site or wall qualifies for a CDC; land constraints such as heritage, some hazard mappings or the wall's size can push you to a DA. A certifier or council's duty planner can tell you which pathway fits your job.

Surcharge means load sitting on the retained ground in addition to the soil itself. Parked and moving cars on a driveway along the top are a classic example. A house, garage, pool, shed or a built-up fill pad, all count too, and we see plenty of those in Wollongong where steep blocks are cut and filled to fit a driveway or carport. If that load sits within the area that bears on the wall, it will generally take the wall out of exempt territory and change what it has to be designed for, usually to AS 4678 by an engineer.

It can. Parts of the escarpment foothills, in suburbs like Mount Keira, Mount Pleasant, Mount Ousley, Farmborough Heights, Cordeaux Heights, Coledale and Stanwell Park, are mapped by Wollongong City Council as landslip or geotechnical risk areas. On that land, excavation and retaining may need a geotechnical report, and exempt or complying development may not be available at all. Council's planning certificate (section 10.7 certificate) for your property, or a quick call to council, will tell you whether your block is affected.

The problems tend to surface when you sell or when something goes wrong. A building inspector or the buyer's conveyancer may pick up unapproved structural work, council can issue orders, and having it regularised afterwards can mean engineering reports, opening up finished work, or even demolishing and rebuilding. Insurance claims can get more complicated, and if an unapproved wall fails onto your neighbour's property, you're on the back foot.

Either is a sensible first call. Wollongong City Council (or Shellharbour City Council or Kiama Municipal Council if you're further south) can tell you about planning controls, landslip mapping, easements and stormwater, and handles DAs and driveway crossings. A registered certifier can tell you whether your wall fits exempt or complying development and what documents you'll need, which may include an engineer's design to AS 4678 and a geotechnical report. Make sure your builder holds the right NSW Fair Trading licence for the work. And lodge a Before You Dig Australia (BYDA) enquiry ahead of any excavation so buried services are marked out first.

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