Driveways, Pathways and Paving

For a driveway, hardstand space, pathway or paving to be exempt from planning consent, State policy requires they:

• not be constructed on land:
  • in a foreshore area
  • in an environmentally sensitive area
  • in a heritage conservation area
  • in a draft heritage conservation area.
• not be constructed or installed on or in a heritage item or a draft heritage item.
• be constructed or installed so any surface water or run-off is disposed of by a drainage system connected to existing storm water drainage system.
• be constructed in accordance with AS/NZS 2890.1:2004, Parking facilities, Part 1: Off-street car parking or AS: 2890.2—2002, Parking facilities, Part 2: Off-street commercial vehicle facilities.

Please refer to these State Policy provisions on exempt driveways and hardstand spaces, and pathways and paving.

Example

The diagram below shows the area requirements for driveways, hardstand spaces, pathways and paving to be exempt from planning consent.

Other considerations

• Before removing or pruning any existing trees or vegetation, check with your council whether you need approval. 
• All works must be structurally adequate, installed in accordance with manufacturer’s specifications and comply with the Building Code of Australia (BCA).
• Any structure on or over public land or roads must have approval specifically from the local council or Transport for NSW under the Roads Act 1993 and the Local Government Act 1993. 
• Generally, exempt development cannot be carried out on:
  • land or a building that is listed on the State Heritage Register or subject to an interim heritage order.
  • a critical habitat of an endangered species, population or ecological community under the Threatened Species Conservation Act 1995  or the Fisheries Management Act 1994.
  • a wilderness area under the Wilderness Act 1987.