New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 3B.57

3B.57 Development standards for fences

(1) A fence must not be erected under this code if--

(a) it is erected along a common boundary of a lot, that contains a heritage item or a draft heritage item, or

Note : Clause 1.19(3A) prevents the erection of a fence under this code on a lot that contains a heritage item or a draft heritage item.

(b) it is erected along the boundary of, or within the setback area of, a primary or secondary road within a heritage conservation area or draft heritage conservation area, or

(c) it incorporates barbed wire in its construction or it is electrified, or

(d) it is constructed of metal components that are not low reflective materials, or

(e) it is erected on bush fire prone land and is constructed of combustible material, or

(f) the design of the fence will restrict the flow of floodwater.

(2) In the case of development on a flood control lot, the requirement in subclause (1)(f) is satisfied only if a joint report by a professional engineer specialising in hydraulic engineering and a professional engineer specialising in civil engineering states that the design of the fence will not restrict the flow of floodwater.

(3) A fence erected behind the building line on a lot must--

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

(b) if it is on a sloping site and stepped to accommodate the fall in the land--not be higher than 2.2m above ground level (existing) at each step.

(4) A fence erected forward of the building line on a lot must--

(a) not be higher than--

(i) 1.2m above ground level (existing), or

(ii) if it is erected adjacent to a public reserve--1.5m above ground level (existing), or

(iii) if it is located in the setback area of a classified road--2.1m above ground level (existing), and

(b) not have an entrance gate that opens outward, and

(c) be open for at least 20% of the area of the fence that is more than 400mm above ground level (existing), with a minimum aperture of 25mm, and

(d) if it is located in the setback area of a classified road--be setback at least 1.5m from the relevant boundary with a landscaped area between the fence and the boundary.

Note 1 :
"Building line" ,
"primary road" ,
"secondary road" and
"setback" are defined in clause 1.5.

Note 2 :
"Ground level (existing)" and
"heritage item" have the same meanings as they have in the Standard Instrument.