Council Approval Guide for Landscaping in Sydney

Know when you need council approval, how the DA and CDC processes work, and what licences your landscaper must hold under NSW law.

When Do You Need Council Approval?

Not every landscaping project requires council approval, but many structural or large-scale works do. Here are the most common triggers for Sydney homeowners:

  • Retaining walls over 600mm high— Any retaining wall exceeding 600mm in exposed height generally requires a DA or CDC, particularly if it supports a surcharge load or is near a property boundary.
  • Structures over 20m²— Pergolas, decks, gazebos and other roofed or covered structures exceeding 20m² typically require approval.
  • Tree removal— Most Sydney councils have Tree Preservation Orders (TPOs) that protect trees over a certain size. Fines for unauthorised removal can exceed $100,000.
  • Heritage conservation areas— If your property is within a heritage overlay, even minor external works may require a DA. Check your council’s LEP maps.
  • Swimming pool surrounds and fencing— Pool barrier fencing must comply with the Swimming Pools Act 1992 and Australian Standard AS 1926.
  • Driveways and crossovers— New or modified driveway crossovers typically require a Section 138 Roads Act approval from your council.

NSW Fair Trading Licence Requirements

Under NSW Home Building Act 1989, any residential building work valued over $5,000 (including labour and materials) requires the contractor to hold an appropriate licence from NSW Fair Trading.

This applies to structural landscaping including:

  • Retaining walls with structural footings
  • Timber or composite decking over 1 metre above ground
  • Pergolas, carports and covered structures
  • Concrete driveways and large paving installations
  • Fencing over certain heights

How to verify a licence

Search the NSW Fair Trading licence register using the contractor’s name or licence number. Check the licence of any landscaper before you sign.

Development Application (DA) Process

A DA is the standard approval pathway assessed by your local council. Here is what to expect:

  1. Pre-DA consultation— Many councils offer a free or low-cost pre-lodgement meeting to discuss your plans before formal submission.
  2. Prepare documentation— You will typically need architectural or landscape plans, a Statement of Environmental Effects (SEE), survey plans, and any specialist reports (arborist, geotechnical, heritage).
  3. Lodge the DA— Submit through your council’s online planning portal. Application fees vary by project value, typically $300 to $2,000 for landscaping works.
  4. Neighbour notification— Council notifies adjoining owners, who have 14 to 21 days to make submissions.
  5. Assessment and determination— Council assesses against the LEP, DCP and any relevant SEPP provisions. Standard timeframe is 40 to 60 business days.
  6. Conditions of consent— Approved DAs come with conditions you must comply with during construction.

Complying Development Certificate (CDC) — The Faster Alternative

A CDC is a combined planning and construction approval for straightforward projects that meet all predetermined standards. It is assessed by a private certifier rather than council.

Advantages of a CDC

  • Approved within 10 business days
  • No neighbour notification required
  • Assessed by a private certifier
  • Generally lower fees than a DA
  • Combined planning and building approval

When a CDC Is NOT Available

  • Heritage conservation areas
  • Environmentally sensitive land
  • Flood-prone properties
  • Projects that do not meet the code standards
  • Properties with existing compliance orders

Common Sydney Council Requirements

Each Sydney council has its own Local Environmental Plan (LEP) and Development Control Plan (DCP). Here is a snapshot of requirements for some of the most common councils:

City of Sydney

Strict heritage overlay requirements in many suburbs. Tree Preservation Order applies to all trees over 5 metres. DA required for most structures in heritage conservation areas.

Inner West Council

Covers Marrickville, Ashfield and Leichhardt. Strong tree preservation policies. CDC available for standard retaining walls and decking outside heritage zones.

Northern Beaches Council

Bushfire-prone land considerations for many properties. Strict controls on land clearing and vegetation removal. Additional requirements for properties near waterways.

Randwick City Council

Specific requirements for properties in coastal erosion hazard zones. Tree preservation applies to trees over 3 metres or with trunk circumference exceeding 300mm.

Ku-ring-gai Council

Extensive tree canopy protections. Most landscaping work involving tree removal or significant earthworks requires a DA. Bushfire-prone land overlays on many properties.

Frequently Asked Questions

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