Environment

Residential Rainwater Tanks - Do you need Council Approval?


Many rainwater or roofwater tanks may now be installed without any planning approval from Council. The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (SEPP) provides for certain tank installations to be exempt development (i.e. they do not require planning/ Council approval). This is provided each and every applicable SEPP, general requirements and development standards/ criteria are satisfied.
The following checklist has been designed to help you determine whether your proposed tank is exempt development or if you need to lodge a Development Application with Council before you install your rainwater tank on your property.
For rainwater tanks on land use zones other than residential, you will be required to submit a Development Application.

A .General Requirements for all Rainwater Tanks

Development Standards/ Criteria
· Meet the relevant deemed-to-satisfy provisions of the Building Code of Australia (i.e. must be structurally adequate),
· Must not, if it relates to an existing building, cause the building to contravene the Building Code of Australia (e.g.: obstruct exits, block light/ventilation to rooms)
· Must not be carried out on land that comprises, or on which there is an item that is listed on the State Heritage Register under the Heritage Act 1977 or that is subject to an interim heritage order under the Heritage Act 1977
· Must be installed in accordance with the manufacturer's specifications, if applicable
· Must not involve the removal or pruning of a tree or other vegetation that requires a permit or development consent for removal or pruning, unless that removal or pruning is undertaken in accordance with a permit development consent
· Must not be installed on land that is considered to be an environmentally sensitive area

B. Above Ground Rainwater Tanks

Your proposed above ground rainwater tank must:
Development Standards/ Criteria
· Have a maximum capacity of 10,000 litres
· Be located at least 450mm from each property boundary
· Be located behind the building line of any road frontage
· Not rest on the footings of an existing building for support
· Not require cut and fill or more than 1m below or above the existing ground level
· Be fitted with a first flush device that causes initial run-off rainwater to bypass the tank
· Have a sign affixed to it stating the tank contains rainwater
· Be constructed or installed to prevent mosquitoes breeding in it
· Have its overflow connected to an existing stormwater drainage system that does
not affect adjoining properties
· Be located at least 1m from any registered easement, sewer main or water main
· Be located in the rear yard if the property is heritage listed
· House the pump in a soundproof enclosure
· Not be interconnected with any system supplying drinking water to the property unless it complies with Sydney Water's requirements

C. Below Ground Rainwater Tanks

Your proposed below ground rainwater tank must:
Development Standards/ Criteria
· Be fitted with a first flush device that causes initial run-off rainwater to bypass the tank
· Have a sign affixed to it stating the tank contains rainwater
· Be constructed or installed to prevent mosquitoes breeding in it
· Have its overflow connected to an existing stormwater drainage system that does
not affect adjoining properties
· Be located in the rear yard if the property is heritage listed
· The pump must be housed in a soundproof enclosure
· Not be interconnected with any system supplying drinking water to the property unless it complies with Sydney Water's requirement.
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Council approval is not required if you answered YES to all of the development standards/ criteria in Table A (General Requirements) and to all of the development standards/ criteria in either the applicable Table B (Above Ground Rainwater Tanks) or Table C (Below Ground Rainwater Tanks).
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If you answer NO to any of the criteria, you will need to lodge a Development Application with Council for approval to install the tank. Application forms are available at Council or at /planning-anddevelopment/application-forms/ application-forms_home.cfm.
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If you are unsure and require further information, please contact Council on 9839 6000.