Fencing - General Requirements
Front Boundary Fences
Under the State Environmental Planning Policy (Exempt and Complying Development), fencing within the front building line, providing it is not of precast concrete (i.e. tilt panel construction), can be erected to a height of 1.2 metres without Council approval as long as the fencing complies with the guidelines set out in the policy. Furthermore, if you are in an area that is designated as bushfire prone, the fence will need to be constructed from non-combustible materials or hardwood.
If you are proposing to erect a front fence, one of the matters that must also be considered in your design is the sight lines from within the property in relation to pedestrian and vehicular traffic when exiting the property. These standards require a two (2) metre clear sight triangle on each side of the vehicular access to the property. Further information in relation to driveway access requirements can be found in Council's Driveway Access to Property Guidelines.
Side and Rear Boundary Fences
Under the State Environmental Planning Policy (Exempt and Complying Development), fencing behind the front building line can be erected to a height of 1.8 metres without Council approval as long as they comply with the guidelines set out in the policy. An exception to this rule however does apply to fence structures of pre-cast concrete or masonary in excess of 1.2 metres in height which require approval prior to erection. Also if your land has frontage to a canal the height of the fence within the canal building line is restricted to 1.2 metres and as these canal building lines can vary in different areas it is suggested that you first check with Council on these setback requirements.
Generally, if a fence proposal does not comply with the State Environmental Planning Policy, it will need development consent from Council. Council's design control requirements for boundary fencing are set out in Tweed Shire Council's Development Control Plan Section A1, Part A (1295kb). The specific requirements are set out under Design Control 7. Also if you have frontage to a canal it will be necessary to comply with the requirements of Design Control 3 which has specific requirements in relation to canal setbacks and the maximum heights permitted to ensure that the visual amenity of these areas are maintained.
If you are in any doubt as to whether or not your proposal requires Council approval or whether your proposal will meet the requirements prescribed under Council's Development Control Plan, please do not hesitate to contact Councils Division of Planning and Regulation on (02) 6670 2400 Monday to Friday between the hours of 8.00am and 4.00pm.
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