Adding a swimming pool to your property in NSW is an exciting project, but it comes with specific planning and regulatory requirements.
In most cases, you'll need to obtain council approval through a Development Application (DA).
Here's what you need to know to ensure your swimming pool project complies with all relevant legislation and planning controls.
1. Do You Need a Development Application (DA)?
Not all swimming pools require a DA.
If your pool qualifies as exempt development under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP), you can bypass the DA process.
For example, a small pool that meets setback and size requirements may fall under this category. However, larger pools, pools in heritage conservation areas or on environmentally sensitive land will almost always require council approval.
For projects that do not qualify as exempt, you'll need to submit a DA to your local council.
2. Understand Your Local Environmental Plan (LEP)
Each council's Local Environmental Plan (LEP) outlines zoning and land use controls for your area.
The LEP will determine whether a swimming pool is permissible on your property and specify conditions, such as minimum setbacks from boundaries, fencing requirements and height limits for raised pools.
Before proceeding, review your property’s zoning and any restrictions that may apply, such as heritage overlays or flood zones.
3. Refer to the Development Control Plan (DCP)
The Development Control Plan (DCP) provides additional guidelines that complement the LEP. It typically includes detailed standards for swimming pools, such as:
Minimum setbacks from property boundaries.
Fencing and child-safety requirements.
Landscaping or privacy screening to reduce visual impact.
For example, your council's DCP might require the pool to be set back a certain distance from neighbouring properties to minimise noise and preserve privacy.
4. Prepare Key Documentation
Submitting a complete and accurate DA is essential for a smooth approval process. For a swimming pool, the following documents are typically required:
Site Plan: Showing the location of the proposed pool, property boundaries, and any existing structures.
Statement of Environmental Effects (SEE): Detailing the potential environmental and social impacts of the pool and measures to mitigate them.
Stormwater Management Plan: Explaining how water runoff from the pool will be managed to avoid flooding or erosion.
Structural Plans: Including specifications for the pool’s construction.
Incomplete applications can lead to delays or even rejection, so double-check the council’s checklist.
5. Fencing and Safety Compliance is Mandatory
Under the Swimming Pools Act 1992, all pools in NSW must be enclosed by a child-safe barrier that complies with the Building Code of Australia (BCA). The fence must:
Be at least 1.2 metres high.
Have a self-closing, self-latching gate.
Not have climbable objects within 900mm of the barrier.
These requirements must be met during both the DA assessment and final compliance inspections.
6. Environmental Considerations
Councils will assess the environmental impact of your swimming pool, particularly in sensitive areas. This includes factors like:
Tree and Vegetation Removal: If trees need to be removed, you may need an arborist report.
Water Runoff: Excess pool water should not flow onto neighbouring properties or into stormwater drains without proper treatment.
Noise and Visual Impact: Landscaping and acoustic barriers may be required to mitigate impacts on neighbours.
If your property is in a bushfire-prone area, additional requirements may apply, such as using fire-resistant materials for decking or fencing around the pool.
7. Approval Timeline and Costs
The DA process typically takes 4-6 weeks, but this can vary depending on the complexity of the proposal and council workloads.
Fees are based on the estimated cost of the pool, and additional charges may apply for inspections or specialist reports, such as geotechnical or heritage impact assessments.
Be prepared for back-and-forth communication with the council if additional information is required. Using a Town Planner in NSW like StraightLine Planning can streamline the process and reduce delays.
How a Town Planner NSW Can Help
At StraightLine Planning, we understand the intricacies of NSW planning legislation, including the LEP, DCP and SEPP.
Our experienced team can assist with preparing your Development Application, ensuring all documentation is complete and aligned with council requirements.
From drafting a comprehensive Statement of Environmental Effects to providing site plans and architectural drawings, we guide you every step of the way.
Contact us today to simplify your swimming pool approval process and bring your dream project to life!
Comments