FAQs
- Lists terms and definitions used
- Defines a ‘sufficient fence’, including the requirements for a dividing or boundary fence for both residential and commercial lots, including the height and materials used
- Contains requirements for:
n approvals for fencing across rights-of-way, public accessways and thoroughfares
n fencing around home recreational sports areas
n addressing gates within fences
n compliance and approval, including the duration of approval - Provides clarification of who has responsibility for the maintenance of a fence and enables the City to take action if a fence is in a state of disrepair or is dangerous.
- Includes prescribed offences and modified penalties, and enables the City to issue infringements
- Has information about the applicant’s right to object or review.
Why is the City introducing a Fencing Local Law
The City’s Local Planning Scheme No. 7 (LPS 7) came into effect on 27 March 2024 and replaces the City’s previous Town Planning Scheme 6 (TPS 6). TPS 6 contained some provisions for the regulation of fences within the district; however, LPS 7 does not contain these provisions.
Whilst the Dividing Fences Act 1961 (External link) largely deals with fences, it does not define what constitutes a sufficient fence. A local law is required to define what constitutes a sufficient fence in the district.
What are the key provisions of the proposed local law?
The proposed local law:
Is the Dividing Fences Act 1961 still relevant?
Yes, the Dividing Fences Act 1961 (the Act) (External link) provides a process for sharing costs between neighbours, the determination of boundaries and a mechanism for courts to deal with disputes over dividing fences in specific instances.
The proposed Fencing Local Law 2024 interacts with the Act and prescribes a sufficient fence and the standard for construction fencing throughout the district.
What will happen with my feedback?
All feedback will be analysed and presented to Council alongside officer recommendations to consider for endorsement. Everyone who submitted feedback and provided their contact details will be notified of the Ordinary Council Meeting date at which Council will consider endorsing the proposed Fencing Local Law 2024.
How can I ask questions about the project?
Ask us a question online and we’ll either answer you on the project page or email you directly.
You can also speak to the project team by calling the City on 9474 0777 or make a request on the City's website (External link).