NSW Swimming Pool Approval Process
In Australia, every new construction project involving swimming pools requires approval. The approval requirements vary by State/Territory and Local Government Area. We will focus on the requirements, specifically in NSW, for lodging a Swimming Pool Approval.
Depending on the site constraints and swimming pool design in NSW, swimming pools may either be approved by:
- Complying Development Certificate (CDC)
- Development Application (DA), then Construction Certificate (CC)
CDC, created by the NSW State Government, combines planning and construction approval for certain types of development that can then be approved by a local council or private Certifier within approximately 20 days. CDC is a fast-track process to gain an approval for a swimming pool.
When designing a swimming pool for CDC approval, the designer needs to comply with rules outlined in the CDC legislation. These rules include zoning type, lot size, pool location, landscape ratios, setbacks, excavation depths, coping heights above natural ground level, impact on existing trees, acid sulphate soils, heritage/conservation, and flood and slope stability. If a CDC is permissible on the site and the design complies with all of the CDC rules relevant for a swimming pool, then the pool can be submitted under the CDC approval process. Any non-compliance with any of these rules will mean the swimming pool will require to be lodged as a DA.
If you are up for a lot of reading, then here is a link to the legislation outlining the CDC rules: State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
https://legislation.nsw.gov.au/view/html/inforce/current/epi-2008-0572
A DA is where approval is sought via the Local Government Area (Council). Councils often have a few different planning instruments that will be important to consider when designing and lodging a swimming pool DA. Planning instruments outlining rules for swimming pools will be found within the Local Environmental Plan (LEP) and Development Control Plans (DCP). The benefit of lodging a DA for a swimming pool is that the approval is a merit-based assessment, so there is a little bit of room to have a minor non-compliance for Council to consider, although there is no guarantee Council will approve of minor non-compliances. Any non-compliances have to be justified in a planning report, or Statement of Environmental Effects. Lodging a DA with non-compliances can either delay the approval or end in no approval granted, so it is always best to submit a compliant DA.
Having worked in swimming pool approvals for over 25 years, I would like to share my knowledge and provide a step-by-step guide assessing a site to determine if you can seek the pool approval via CDC or DA. I recommend completing Steps 1 and 2 before issuing a homeowner a final pool quote and signing a pool building contract.
Step 1 - Pre-Site Visit Feasibility Stage
A. Contact the Local Council and purchase a Section 10.7 Certificate (Part 2) for the Site Address. This Certificate is only valid 3 months and states all the Planning Rules related to the Site Address. The Certificate will inform you if you ‘may’ or ‘may not’ apply for a Complying Development Certificate (CDC) application. This makes the 10.7 Certificate the most important document for your pool project. If the planning rules do not allow for CDC approval, then you will need to apply for DA (Development Application). The 10.7 Certificate will also determine if the site is identified with a flood, heritage, slope hazard and acid sulphate soil risk area. If either of these are identified, then further specialist advice will be required from relevant consultants to assist with the pool approval process.
B. Dial Before you Dig - request Sewer Main Diagram to check if there are any sewer main pipelines on the site or on neighbor sites, that may impact pool location and design. If a sewer main is found to be within 5m of the proposed pool, it is highly likely that a Peg Out Report will be required as well as a separate approval by a certified Water Services Coordinator approval (eg Sydney Water) prior to lodging the CDC application. The Water Services Coordinator will require the peg out report, detailed pool design plans/sections and structural plans as a minimum. The Water Authority (eg. Sydney Water) have their own design requirements for structures such as swimming pools near or over any of their assets.
C. Easements - Purchase a Title Search, Deposited Plan/88B documents to check to see if there are any services easements near the proposed swimming pool such as water mains, drainage, or power. No pool can be constructed within any designated easement.
Step 2 - Site Visit and Concept Design Feasibility Stage
If you are going to quote or build a pool then it is vital that you conduct a site visit to identify site access and any other site constraints that step 1 could not identify, such as existing trees, existing structures, levels, solar access, soil conditions (sand/rock/clay), visible services, and overhead electrical mains. During the site visit and consultation, you can discuss with your customer pool design options and appropriate location for the pool, now knowing all site constraints. Regarding existing levels on site, if the levels vary more than 600mm across the proposed pool area, I recommend you engage with a Registered Survey to obtain a Site Topographical Site Survey. The survey will provide accurate levels to enable a more accurate pool concept design and accurate pool quote. Site surveys are generally not required for a CDC but are required for most DAs.
Step 3 - Pool Quote and Contract Stage
Now that you have completed the site feasibility and concept design you can prepare and issue the final pool quote to your customer. Once the customer has agreed on the final quote and pool specification you can proceed to the pool contract signing. The contract should clearly state what works are included and excluded by the pool builder, so that you can best manage your customers’ expectations. Most industry associations such as SPASA (Swimming Pool & Spa Association of Australia) have contracts for each State and Territory. On contract signing and following the cooling off period you can expect to receive the deposit payment from your customer and proceed to Step 4.
Step 4 - Pool Approval Stage
As you have completed Steps 1 and 2 and understand all site constraints you will know that the swimming pool will either be approved by CDC or DA.
For swimming pool CDC applications, the following information will be required as a minimum:
1. Submit the CDC application via the NSW Planning Portal
2. Nominate the Private Certifier via the NSW Planning Portal
3. Confirm Builders address, name, phone number, email and license details
4. Homeowners Consent Form
5. Title Search
6. Deposited Plan/88b
7. CDC Design Drawings
* Site Plan with Pool Location and Sediment & Erosion Control Notes
* Detailed Pool Plan with Dimensions, Levels and Setbacks
* 3 Sections through Pool with Dimensions, Levels and Setbacks
* Landscape Ratio Compliance Calculations and or Diagram
8. Structural Engineers Pool Drawings and Certification
9. Builders Home Warranty Insurance
10. Copy of payment receipt for Long Service Levy
11. Water Authority Tap In Approval
12. Site Photos
Depending on site constraints other documents the Private Certifier may require include:
1. Arborist Report
2. Flood Assessment Report
3. Heritage Assessment Report
4. Geo-Technical Report / Soil Test Report
5. Site Survey
6. Drainage Easement Report / Peg Out
7. Sewer Main Peg Out Report and Water Services Coordinator Approval
8. Shoring or Underpinning Structural Drawings/Report
For swimming pool DA & CC (Construction Certificate) approval the following information will be required as a minimum:
1. Site Survey
2. Statement of Environmental Effects
3. DA Design Drawings
* Site Plan with Pool Location and Sediment & Erosion Control Notes
* Detailed Pool Plan with Dimensions, Levels and Setbacks
* 3 Sections through Pool with Dimensions, Levels and Setbacks
* For Above Ground Pools Elevations
* Landscape Ratio Compliance Calculations and or Diagram
* Basic Landscape Plan (Planting Plan)
4. Structural Engineers Pool Drawings and Certification
5. Builders Home Warranty Insurance
6. Copy of payment receipt for Long Service Levy
7. Water Authority Tap In Approval
Stage 5 - Construction
Once you have a copy of the CDC or DA& CC approval you are ready to start onsite.
Let PSQ manage the entire swimming pool approval process on your behalf. Our highly qualified pool approvals team including Registered Landscape Architects and Town Planners are only a phone call away to answer questions and manage the entire approval process for you.
We have over 25 years’ experience gaining pool approvals for swimming pool builders and homeowners.
Call us now on 1300 331 123 or email us at support@poolsitequote.com.
PSQ sales software has a convenient shop where you can purchase the Site Feasibility Documents and order Professional Services including the CDC/DA/CC approvals.
Julian Brady
CEO/Founder Pool Site Quote Pty Ltd
