New South Wales Consolidated Regulations

STATE ENVIRONMENTAL PLANNING POLICY (EXEMPT AND COMPLYING DEVELOPMENT CODES) 2008 - REG 3D.53

3D.53 Development standards for fences in Zones R1, R2, R3, R4 and RU5

(1) This clause applies to development on land in Zone R1, R2, R3, R4 or RU5.

(2) A fence may be erected on a lot under this code if it is not constructed or installed--

(a) on a lot, or along a common boundary of a lot, that contains a heritage item or a draft heritage item, or

(b) 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.

(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) not incorporate barbed wire in its construction or be electrified, and

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

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

(e) if it is on a sloping site and stepped to accommodate the fall in the land--be no higher than 2.2m above ground level (existing) at each step, and

(f) be designed so as not to restrict the flow of any floodwater.

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

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

(b) not incorporate barbed wire in its construction or be electrified, and

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

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

(e) 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 that height being no more than 350mm wide with a minimum aperture of 25mm, and

(f) be designed so as not to restrict the flow of any floodwater.

(5) Despite subclause (3)(a), any fence located in the setback area of a primary or secondary road must not be higher than 1.2m above ground level (existing).

(6) A fence erected on bush fire prone land must be constructed of non-combustible material.

(7) A requirement in subclause (3)(f) or (4)(f) is satisfied if a joint report by a professional engineer specialising in hydraulic engineering and a professional engineer specialising in civil engineering states that the requirement is satisfied.

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.

Note 3 : Exempt development standards for fences in certain rural zones, environment protection zones and Zone R5 are specified in clause 2.36.