Other Guidelines

The following codes, policies and guidelines provide further details which apply to certain types of development.

icon rules (small) Positive Covenant and Restriction on the Use of Land by a Prescribed Authority

The information provided here is for Willoughby Council purposes only.  For more information about the process from NSW Land Titles perspective, please call their office on 9228 6666 or 1300 052 637, prior to lodging the documents with the Council. 

What is a Positive Covenant (PC)? 

A Positive Covenant is a Legal Covenant on a Certificate of Title for a Property.  The Order must state:

  • the land burdened by the positive covenant
  • the particulars of the positive covenant. A positive covenant must require the carrying out of a particular obligation by the registered proprietor, e.g. to repair or insure a building etc.
  • the name of the prescribed authority in which the land is vested.

What is Restriction on the Use of Land by a Prescribed Authority?

Such an Order must identify the land affected by the restriction, specify the terms of the restriction, and specify the prescribed authority imposing the restriction.

Why Do You Need It?

  • To meet Development Application Consent Conditions where applicable for the purpose of:
    • A Rain Water tank (retention or reuse tank that is above or below ground).  The tank collects water from the roof and can be used for non-potable uses such as gardening, toilet flushing, washing cars or similar.  Water is not for drinking.
    • An On Site Detention (OSD) system – used to collect water run-off from the site and temporarily store in tank in the ground or above ground basin.  The purpose is to release water into Council’s stormwater pipes slowly to reduce flooding/water run-off into other properties.
    • You can have one tank type or both, depending on the development type.

How To lodge?

  1. Complete the Willoughby Council pdf format Sections 88B/S88E (3) Lodgement Form.
  2. pdf format 13PC Form ( Positive Covenant). Sections A, C, D, E and F must be completed (except for the date). This form must be submitted with the following documents:
    1. Annexure A - Terms of Reference (TOR) page which commits the Registered Owner of the land to clean and maintain the tank and associated structures (A space of 10cm wide by 8cm deep needs to be available on the page for the Council stamp).
    2. Annexure B - An A4 simple plan showing the property boundary, building outline and location of the OSD system and / or rainwater tank. (A reduced size copy of the work-as-executed plan is not acceptable) – refer to Q4 of the Council Lodgement Form.
  3. pdf format 13RPA Form (Restriction on the Use of Land by a Prescribed Authority).  This form must be submitted with the following documents:
    1. Annexure A - Terms of Reference (TOR) page which commits the Registered Owner of the land to clean and maintain the tank and associated structures (A space of 10cm wide by 8cm deep needs to be available on the page for the Council stamp).
    2. Annexure B - An A4 simple plan showing the property boundary, building outline and location of the OSD system and / or rainwater tank. (A reduced size copy of the work-as-executed plan is not acceptable) – refer to Q4 of the Council Lodgement Form.
  4. Works-as-executed drawing of the stormwater drainage system by a registered surveyor, highlighting in red any variations from the approved OSD system and / or rainwater reuse system, based on the approved design drawing.  This drawing is required to be lodged at the NSW Land Titles office, together with the 13PC & 13 RPA – Refer to the Sample provided in this section.
  5. Certification of the System – if one system, one of the following is required.  If a combined system (rain water + OSD), both documents will be required:
    1. For an OSD system, Record of Installation and Engineer’s Certificate in accordance with Council’s standard format – Refer to the template labelled Record of Installation Part A & Part B.
    2. For a rainwater reuse system, a Plumbers Certificate, which includes details of the size of the tank and the fixtures connected to the tank. Refer to the Sample provided in this section. Refer to the Sample provided in this section.
  6. Photographs showing the installation of the required signage in the immediate vicinity of the OSD system or the rainwater tank/s.  Refer to the Samples provided in this section:
    1. One photo to show the text on the sign.
    2. One photo to show where the sign is installed at a distance that shows it in situ.
  7. For below ground tanks, photographs showing the installation of the confined space sign in the vicinity of the access point into the tank/s.  Refer to the Sample signage in this section
    1. One photo to show the text on the sign. Refer to the Sample signage in this section.
    2. One photo to show where the sign is installed at a distance that shows it in situ.

Samples

icon rules (small) Bushfire Prone Land

Proposed residential development in Bushfire Prone Land will require a Bushfire Risk Assessment to be carried out to determine the Bushfire Attack Level (BAL). This will determine the standard of construction to meet AS 3959-2009.

Any BAL of 40 or Flame Zone will require a Bushfire Consultant to provide a report to be lodged with your Development Application. BAL 40 and Flame Zone do NOT allow Complying Development.

Bushfire prone land requires owner’s care in land maintenance and building work to meet standards to protect the building and occupants. Properties with swimming pools in these areas should have a SWS (Static Water Supply) sign displayed in the footpath area, to alert fire fighters that a water source is present.

icon rules (small) Fencing

Council's requirements for fences surrounding a property are intended to keep the style and size of front and side fencing compatible with the rest of the streetscape while still providing privacy and security.

For this reason fences ought to be designed with look, height, functionality and quality in mind. There are heights which cannot be exceeded, setback requirements, and appropriate measures to be taken in regards to conservation areas and views.

For exempt and complying development you will need to consult with the NSW Housing Code.

If you do not meet all the exempt or complying criteria for fencing then you need to consult the relevant part of the WDCP for your property's zoning and make application to Council. The WDCP is available online. For advice, call Council on 9777 1000 between 8.30am - 10am or 1pm - 4.30pm weekdays to speak to a Building Surveyor or Planner.

If it is a dividing fence you will need to consult the Dividing Fences Act. If there is a dispute over a dividing fence it is considered a civil matter and parties ought to seek advice from a Community Justice Centre, Local Lands Board, or the Local Court, not Willoughby Council.

icon rules (small) Footway Restaurants

Footway Restaurant Policy
Footway restaurants add a welcome atmosphere to the city, but they need to be appropriately located. This document gives guidelines for location, furniture, management, advertising, and application requirements while encouraging footway restaurants.

icon rules (small) Height Poles Policy

pdf format Height Poles Policy
This document is related to the installation of height poles for proposed developments.

icon rules (small) House/Property Numbering Code

 House/Property Numbering Code
This code deal with re-numbering for new development to avoid conflict with existing addresses.

icon rules (small) Varying Development Standards

A Clause 4.6 Variation is a written submission accompanying a DA which justifies a variation of the relevant development standard found in the planning instrument.

icon rules (small) Unauthorised Building Work

 Unauthorised Building Work Policy: Enforcement and Prosecution
This document sets out Council’s policy for exercising its enforcement powers under the EPA Act and Local Government Act.