Obtaining Consent for Development Applications in Sydney’s Inner West — a practical guide for landscaping and courtyard projects
A DC briefing note for homeowners, builders and landscape contractors working in the Inner West LGA.
This article explains when landscaping work in the Inner West needs Council consent, how owner and neighbour consent actually works, and what a typical application looks like. It is written for real courtyard and garden projects — fences, footings, retaining walls, paving, trees and outdoor structures — not generic “house extensions”.
Important: NSW planning rules change. This is a practical guide based on current Inner West Council process and the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the Codes SEPP). It is not legal advice and it does not replace a Section 10.7 planning certificate, a duty-planner check, or a registered certifier. Always confirm the controls that apply to the exact lot before you dig.
1. What “consent” actually means
In landscaping, people use the word “consent” for three different things. Mixing them up is the fastest way to stall a job.
1. Planning consent (Council / certifier)Permission under the Environmental Planning and Assessment Act 1979 to carry out “development”. This is either:
Exempt development — no planning approval if every standard is met
Complying Development Certificate (CDC) — fast-track approval if the Codes SEPP Housing Code (or another code) is met in full
Development Application (DA) — a merit assessment by Inner West Council
2. Owner’s consentWritten, signed agreement from every legal owner of the land on which the work sits. Inner West will not accept a DA without it. For a shared fence, party wall or footing that sits on or straddles a boundary, that usually means both owners.
3. Neighbour / civil consent (Dividing Fences Act 1991)A private-law agreement about who pays for a dividing fence, where it sits, and what it looks like. Council does not decide cost-sharing. If neighbours cannot agree, the pathway is NCAT, not the DA planner.
You can have a perfect DA and still be stopped on site if the footing sits 200 mm over the neighbour’s title and they have not agreed in writing.
2. The three approval pathways (Inner West)
Inner West Council’s starting question is always: Do I need approval?
Exempt developmentNo DA. No CDC. You self-assess against the Codes SEPP. If you miss one standard, it is not exempt. A fence 50 mm over the height limit is not “almost exempt” — it needs consent.
Typical landscaping items that can be exempt (only if every standard is met, and the lot is not excluded):
Certain side and rear fences
Minor pathways and paving
Some small garden structures
Limited earthworks / low retaining walls
Some rainwater tanks
CDCA registered certifier (or Council’s certification team) issues a certificate if the proposal ticks every numeric standard. Useful for some ancillary works attached to a complying dwelling project. Heritage items, many Heritage Conservation Areas (HCAs), flood-control lots and foreshore land often knock a project out of CDC.
DAIf it is not exempt and not complying, you lodge a DA with Inner West Council via the NSW Planning Portal. A planner assesses it on merit against:
Inner West Local Environmental Plan 2022 (IWLEP 2022)
The relevant Development Control Plan (Inner West DCP / former Marrickville, Leichhardt or Ashfield DCP chapters still used depending on the suburb)
Tree Management DCP 2023
Applicable State policies
Section 4.15 of the EP&A Act (impacts, streetscape, heritage, stormwater, trees, amenity)
Inner West has a high concentration of HCAs — Balmain, Birchgrove, Rozelle, Annandale, Leichhardt, Haberfield, Summer Hill, Marrickville, Petersham, Stanmore, Enmore and parts of Newtown and Camperdown. In an HCA or on a heritage item, many “simple” landscape works that would be exempt elsewhere require a DA.
3. How to check the property before you design
Do this before DC prices a courtyard or fence package.
NSW Planning Portal Spatial Viewer — type the address. Note zone (usually R1, R2 or R3 in the Inner West), heritage item, Heritage Conservation Area, flood, bushfire, foreshore.
Section 10.7 planning certificate from Inner West Council — the legal snapshot of controls, contamination, flood and whether complying development is available.
Inner West duty planner — 02 9392 5000 or an online enquiry. Ask whether the specific works are exempt, CDC or DA.
Survey — a current identification survey showing true boundaries, existing fence lines, levels (AHD), easements and neighbouring structures. Do not design a masonry fence off a tape measure from the existing palings.
Title / strata search — who actually owns the land? Joint tenants? Company title? Strata common property? A courtyard on common property needs the owners corporation, not just the lot owner.
4. Owner’s consent — the document Inner West actually wants
Inner West’s DA lodgement guide is blunt: all owners must sign.
Situation | Whose signature is required |
House owned by one person | That owner |
House owned jointly | Every registered owner |
Company-owned | Authorised company officer + evidence of authority |
Strata lot (work wholly inside the lot) | Lot owner plus owners corporation if common property or exclusive-use area is affected |
Work to a shared fence or party wall | All affected property owners |
Footing or structure on the neighbour’s title | Neighbour as landowner (this is not optional) |
Work on Council land / footpath / laneway | Separate Roads Act / Local Government Act approval — owner’s consent on the DA does not cover this |
Practical notes DC uses on Inner West jobs:
A text message saying “yeah that’s fine” is not owner’s consent.
A spouse who lives there but is not on title cannot sign as owner.
If the neighbour is overseas, use a properly executed authority or power of attorney.
For a dividing masonry fence, get the neighbour’s written agreement on height, material, finish, centreline and footing location before the structural drawings are finished.
5. Worked example: an 1800 mm high masonry fence (and why the footing matters)
This is the example that catches more Inner West courtyard projects than any other.
The briefA Marrickville or Stanmore client wants an 1800 mm (1.8 m) face-brick or rendered masonry fence on the side boundary, to give a courtyard privacy from the neighbour. The fence needs a reinforced concrete strip footing.
Step A — Is it exempt?
Under the current Codes SEPP (residential zones R1–R4):
A side or rear fence may be up to 1.8 m high and
It must not be of masonry construction to a height more than 1.2 m above existing ground level.
So:
1800 mm timber, Colorbond or lightweight screen → may be exempt (if the lot is not a heritage item, not a flood-control lot, not foreshore, and a frontage-in-HCA restriction does not apply).
1800 mm solid masonry → not exempt. Masonry above 1.2 m takes it out of the Exempt Code.
1200 mm masonry plinth + 600 mm open metal infill on the side boundary might still be exempt if the masonry portion stays at or below 1.2 m and every other standard is met. Measure from existing ground level, not the new courtyard RL.
Front boundary (primary road) is stricter: generally 1.2 m maximum as exempt, and front fences in an HCA are usually not exempt at all.
Result for a full 1800 mm masonry side fence in the Inner West: expect a DA.
Step B — What the DA drawings must show
Council and the certifier will look for more than a pretty elevation.
Site plan
True boundary from survey (not the existing paling line — they are often 50–150 mm off title)
Length of proposed fence
Setback from the street alignment if any part is forward of the building line
Trees on the lot and the neighbour’s lot within the zone of influence
Existing and proposed ground levels
Fence elevations (both sides)
Height to AHD and height above existing ground at every change in level
Stepped panels on a sloping Inner West terrace (Petersham, Balmain, Annandale streets fall hard)
Material, bond, render colour, pier width, capping
Any lattice, screen or planting proposed on the courtyard face
Footing / structural section — this is the piece most quotes miss
A typical 1800 mm masonry fence in reactive Sydney clay is not a “slab on the boundary”. A competent section will show, for example:
Reinforced concrete strip footing, often 300–450 mm wide and 400–600 mm deep (engineer to size — do not copy a generic detail)
Starter bars / vertical reinforcement into brick piers or a reinforced block core
Damp-proof course and weep holes if a solid wall
Agricultural drain on the high side if the courtyard is being filled
Finished courtyard RL versus neighbour RL
The exact position of the footing relative to the title boundary
That last point is the consent trigger.
Step C — Where the footing sits (three legal positions)
Option 1 — Entire footing on the client’s landThe face of the wall may sit on the boundary; the footing is offset entirely onto the client’s side.
Neighbour’s planning consent is not required for the structure itself.
Dividing Fences Act still applies if it is a dividing fence (cost, height, “sufficient” fence).
You lose 150–250 mm of courtyard width. In a 3.5 m Inner West courtyard that matters.
Option 2 — Footing centred on the boundary (straddling both titles)Half the footing is on the neighbour’s land.
You must have the neighbour’s written owner’s consent for the DA.
You should also have a written dividing-fence agreement covering design, cost split and a licence to enter for construction and future maintenance.
If the neighbour refuses, you cannot lawfully pour that footing. Redesign to Option 1 or use a slimmer engineered solution wholly on your side.
Option 3 — Any part of the footing or fence in the Council footpath or lanewayCommon on narrow Inner West streets where the front “fence” is actually on the alignment.
DA consent is not enough.
You need approval under the Roads Act 1993 (and often a hoarding / occupancy permit if you close the footpath to pour).
Council will want the footing designed so the public footpath can be excavated later without collapsing your wall. Self-supporting retaining / fence structures next to the road reserve are a standard Inner West condition.
Step D — Heritage and streetscape overlay
If the lot is in an HCA (very common in the Inner West):
Original or early front fences are expected to be retained.
New front fences are assessed for style, height and material against the conservation area character (palisade on a sandstone plinth is typical in Balmain / Annandale; low masonry + hedge in Haberfield).
Sheet metal, exposed cement block and fibro are routinely refused as front fencing.
Side fences forward of the building line are expected to step down to the front-fence height.
A raw 1800 mm rendered wall hard on the street alignment will almost certainly be redesigned or refused.
Haberfield is stricter again: IWLEP 2022 requires at least 50% of the site as landscaped area for dwelling-house development in that HCA. A courtyard paved wall-to-wall behind a masonry fence can fail the landscaped-area test even if the fence itself is well designed.
Step E — Documents DC typically lodges with this type of DA
Owner’s consent (client + neighbour if the footing straddles)
Survey
Architectural / landscape site plan, elevations, sections
Structural engineer’s footing and wall design + design certificate
Statement of Environmental Effects (SEE) addressing height, bulk, overshadowing of the neighbour’s courtyard, stormwater, streetscape and heritage
Colour and finishes schedule
Tree assessment if any prescribed tree is within the zone of influence of the trench
Shadow diagrams if the 1800 mm wall will shade a neighbour’s north-facing living area or private open space (winter solstice)
Waste management plan for demolition of the old fence and spoil from the footing trench
Cost of works (triggers fees and, above certain thresholds, a s7.12 levy)
6. Other landscaping works and when they need consent
Use this as a field checklist. “Maybe” means check the lot overlays before you quote a start date.
Retaining walls and change of levelInner West courtyards are rarely flat. A wall retaining more than about 600 mm generally needs engineered design. Exempt earthworks / retaining walls have tight limits (location in rear yard if in an HCA, no redirection of water onto the neighbour, structural adequacy, setbacks between walls). A 1.2 m high courtyard terrace on the boundary with a masonry fence on top is two structures stacked — assess combined height and surcharge. That package is almost always a DA.
Paving, permeable paving and courtyardsReplacing existing paving like-for-like can be exempt. New hardstand that blows the landscaped-area control in the LEP/DCP is not a “paving job” — it is a DA issue. Inner West planners treat deep-soil landscaped area as land with no structure above or below. A courtyard on a concrete slab over a rainwater tank is not deep soil. Haberfield’s 50% rule and the former Leichhardt 15–20% landscaped-area clause are common refusal points for over-paved courtyards.
Vertical gardens and green wallsThe planting itself is rarely the problem. The supporting structure, waterproofing of a neighbour’s wall, irrigation overflow and extra load on a boundary wall are. If you fix a living wall to a shared masonry fence, treat it as work to a party structure and get both owners.
Pergolas, decks and modular seatingSize, height and setback decide the pathway. A low timber seat built in as part of a garden bed is usually fine. A roofed pergola on the boundary in an HCA is a DA. Gates must not swing over the Council footpath.
Smart irrigation, rainwater tanks and drainageTanks have their own exempt standards (setbacks, height, first-flush). Connecting overflow to the street or cutting the kerb needs Council. Do not discharge courtyard drainage onto the neighbour — that fails both the Codes SEPP and common law.
TreesInner West Tree Management DCP 2023:
Some minor works (canopy lift to 2.5 m, deadwood without hollows) need no approval
Most prescribed-tree pruning or removal needs a Tree Works Permit
In an HCA or on a heritage item, or for removal of a listed heritage tree, you generally need a DA
All owners must sign a tree application
Replacement planting rates apply (typically 1 tree on lots under 300 m², 2 trees above that, plus any DA conditions)
Never trench an 1800 mm fence footing through the structural root zone of a neighbour’s jacaranda and hope the permit comes later.
Lighting, outdoor kitchens, spasElectrical work is licensed work regardless of planning. A spa introduces pool-barrier rules (Swimming Pools Act). A masonry outdoor kitchen on the boundary is assessed like any other structure.
7. The Inner West DA process, start to finish
1. Confirm the pathwayDuty planner + 10.7 certificate + survey.
2. Design to the controls, not around themStreetscape, landscaped area, tree protection, stormwater, privacy, overshadowing, heritage.
3. Talk to the neighbour earlyCouncil recommends it. For a dividing masonry fence it is essential. A signed agreement attached to the DA reduces objections.
4. Prepare the packUse Inner West’s current DA Lodgement Guide and checklists. Landscape plans for new dwellings (and many substantial alterations) must be prepared by a suitably qualified landscape architect or designer.
5. Lodge on the NSW Planning PortalFrom September 2025 Inner West completeness checks are tight: if documents are missing you may have three calendar days to fix them or the application is returned. After acceptance you have 48 hours to pay the invoice or it is sent back.
6. NotificationMost residential DAs are notified to neighbours (commonly 14 days). Submissions are public. Council weighs planning merit — privacy, overshadowing, heritage, streetscape — not personal disputes.
7. AssessmentSite inspection, referrals (heritage, trees, engineering), requests for information (typically 21 days to respond).
8. DeterminationApproved with conditions, deferred commencement, or refused. Conditions on landscape DAs routinely require:
Amended landscape plan before Construction Certificate
Engineer certification of retaining walls and masonry fences
Tree protection fencing before any trench is cut
Stormwater connected to the legal point of discharge
Replacement trees of specified pot size (often 100–200 L)
9. Construction Certificate (CC)You cannot start building work on the strength of a DA alone. A CC (Council or private certifier) confirms the detailed construction drawings meet the BCA and the consent. The 1800 mm masonry fence footing design belongs in the CC set.
10. Appoint a Principal Certifier, give notice, then startThen inspections, and an Occupation Certificate if the work is part of a broader building approval.
Indicative timing for a straightforward Inner West landscape / fence DA is often several months, longer if heritage advice or neighbour objections are involved. Do not book a pouring crew off a “we’ve lodged” email.
8. After approval — the conditions that actually affect a landscape contractor
Read the Notice of Determination before you mobilise.
Tree protection must be in before demolition of the old fence.
Dilapidation reports are commonly required where you excavate next to a neighbour’s cottage on sandstone or old brick.
Construction fencing / hoarding if you occupy the footpath.
Hours of work are restricted; out-of-hours needs a separate approval.
Approved landscape plan is the plan you build, not the mood board from the first client meeting.
If a tree required by the consent dies, it must be replaced to the same mature height and form.
Modifying an approved fence height or footing location is a modification application (s4.55), not a site instruction.
9. Common Inner West landscaping mistakes (and how DC avoids them)
Treating an 1800 mm brick fence as “just a fence” because Colorbond at the same height would be exempt. Masonry is the difference.
Designing the wall on the existing paling line instead of the survey boundary.
Pouring a strip footing across the title without the neighbour’s signature.
Ignoring the combined height of fill + retaining wall + fence.
Paving the entire courtyard and failing the landscaped-area control, especially in Haberfield.
Cutting roots of a prescribed tree to make room for the footing trench.
Starting demolition because “the DA is in the system”.
Assuming a front fence in Balmain or Annandale can be solid 1.8 m masonry.
Forgetting Roads Act approval when the front wall sits on the alignment.
Using a neighbour’s verbal “she’ll be right” as owner’s consent.
10. How DC typically runs an Inner West courtyard project that needs consent
Site measure + survey review + Spatial Viewer / 10.7 check.
Clear written advice to the client: exempt / CDC / DA, and whose signatures are needed.
Concept that already respects height, deep soil, trees and streetscape — so the DA is not a redesign exercise.
Neighbour pack for dividing fences: elevation, section through the footing, proposed centreline, cost-share outline.
Engineer engaged early for masonry walls and any retain >600 mm.
DA pack prepared to Inner West’s checklist (SEE, landscape plan, structural statement, tree report if required).
Portal lodgement managed so the three-day completeness window is not wasted.
CC documentation and inspections coordinated so the approved footing is the footing that is poured.
Quick reference — 1800 mm masonry fence in the Inner West
Question | Typical answer |
Is a 1.8 m masonry side fence exempt? | No. Masonry above 1.2 m is outside the Exempt Code. |
Is a 1.8 m timber / metal side fence exempt? | Often yes, if the lot is not a heritage item, flood-control lot or foreshore, and other standards are met. |
Front fence 1.8 m masonry? | Almost always a DA; in an HCA, design must match conservation character and is often limited to ~1.2 m. |
Footing wholly on client’s land? | Neighbour’s planning consent not required; Dividing Fences Act still applies. |
Footing on both titles? | Written owner’s consent from the neighbour is required for the DA. |
Footing in the footpath? | Roads Act approval in addition to any DA. |
Can work start after DA approval? | No. Construction Certificate + Principal Certifier + notice required for building work. |
Who settles a cost dispute with the neighbour? | NCAT under the Dividing Fences Act — not Inner West Council. |
Useful contacts
Inner West Council duty planner: 02 9392 5000
DA process and lodgement guides: innerwest.nsw.gov.au
NSW Planning Portal (lodge and track): planningportal.nsw.gov.au
Spatial Viewer (heritage, zone, flood): planningportal.nsw.gov.au/spatialviewer
Codes SEPP (exempt fence standards): legislation.nsw.gov.au — EPI 2008-572
Dividing Fences Act 1991 / NCAT for neighbour cost dispute
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