New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 2.34

2.34 Development standards

(1) The standards specified for development specified in clause 2.33 are that the development must--

(a) not be higher than 1.8m above ground level (existing), and

(b) not be of masonry construction to a height that is more than 1.2m above ground level (existing), and

(c) if it includes an entrance gate--not have a gate that opens outwards, and

(d) if it is located in a core koala habitat or potential koala habitat within the meaning of State Environmental Planning Policy No 44--Koala Habitat Protection or in a movement corridor used by koalas--be constructed or installed in accordance with any relevant council policy or guideline under that Policy, and

(e) if it is located on bush fire prone land--be constructed of non-combustible materials or hardwood, and

(f) if it is constructed of metal components--be of low reflective, factory pre-coloured materials, and

(g) not be an electrical fence or use barbed wire.

(2) Despite subclause (1), any fence located along the boundary of, or within the setback area to, a primary or secondary road must--

(a) not be more than 1.2m above ground level (existing), and

(b) be open for at least 20% of the area of the fence that is more than 400mm above ground level (existing), with any individual solid element of the fence above this height being no more than 350mm in width with a minimum aperture of 25mm.

(3) If a lot has a frontage to a secondary road or roads, subclause (2) only applies to 50% of the length of all contiguous secondary road boundaries, measured from the corner with the primary road boundary.

(4) Subclause (2)(b) does not apply to the part of the fence along the side boundary and within the setback area to the primary road.

(5) Despite subclauses (1) and (2), if the fence is erected on a sloping site and stepped to accommodate the fall in the land--

(a) a fence that is required to be not more than 1.2m above ground level (existing), must not be more than 1.5m above ground level (existing) at each step, and

(b) a fence that is required to be not more than 1.8m above ground level (existing), must not be more than 2.2m above ground level (existing) at each step.