Building over or adjacent to our stormwater assets policy

Policy document number: 1260449 Version: 4 Last updated: 19 November 2020

1. Overview

1.1 At a glance

Our policy explains our requirements to construct buildings over or adjacent to our stormwater assets.

If you want to build a bridge over our open stormwater channel, you must refer to the Building bridges over Sydney Water open stormwater channels policy and customer guide.

1.2 Scope

This policy applies to owners and property developers who want to construct buildings over or adjacent to a Sydney Water stormwater asset.

1.3 Objective

Buildings over or too close to stormwater assets interfere with our ability to maintain and reconstruct these assets. We require clearance between building structures and stormwater assets to help us maintain and reconstruct the stormwater asset when required in a safe and cost-effective manner.

This policy helps us to:

• provide local drainage and flood mitigation services to our customers
• provide timely advice and guidance to facilitate orderly development
• manage ongoing risks associated with building over and adjacent to stormwater assets protect the interests of customers by ensuring that proposals do not:
  - increase flood risk and/or unreasonably perpetuate existing adverse flood impacts
  - cause damage to buildings if stormwater assets fail
  - promote a less safe work environment for our staff and contractors
  - increase costs to inspect, maintain and replace stormwater assets.

2. Policy in detail

If there's a Sydney Water stormwater asset located within your property or within ten metres of your property, you need our approval to build over or adjacent to that asset.

Your proposal to build must meet the requirements of the Building over or adjacent to Sydney Water stormwater asset guidelines.

Unless otherwise agreed in writing, you bear all costs.

2.1 Building over or adjacent

In most circumstances we:

• will allow you to build adjacent to a stormwater asset
• won't allow you to build over a stormwater asset. All proposals to cantilever over a stormwater asset are considered building over.

We recognise that many homes in Sydney are already built over stormwater assets. We'll consider allowing a homeowner to rebuild their home over a stormwater asset where all of the following apply:

• there's an existing dwelling already located over the stormwater asset
• it's not feasible for you to relocate the stormwater asset to a location clear of the proposed building
• building over the stormwater asset is the only feasible solution to enable reasonable use of the land.

We'll cooperatively engage with developers who want to adjust or deviate an existing stormwater asset to improve the development outcome for their property.

2.2 Building plans

You must have your building plans approved by us before work may commence. Plans must be certified, by a suitably qualified and experienced person, to say that the building is:

• outside any easement in favour of, or land owned by us
• clear of the stormwater asset and according to our requirements
• independently structurally supported, so that the stormwater asset is protected, and the building can remain supported should the stormwater asset fail.

2.3 Flood impacts

Proposed buildings should not obstruct overland flow paths that would otherwise operate during very severe storms. Obstructing a flow path would likely create a demand on us to increase flood mitigation services.

2.4 Guidelines

Please see the Building over or adjacent to Sydney Water stormwater asset guidelines for more details on our requirements.

3. Definitions