Frequently asked questions
The Fencing Local Law was reviewed last year. Why is it now being amended again?
The City’s Local Planning Scheme No. 7 (LPS 7) came into effect on 27 March 2024 and replaced 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 was required to define what constitutes a sufficient fence in the district.
This proposed local law has been developed to maximise the control available to the City in accordance with current legislation. Following consultation the revised Fencing Local Law 2024 was presented to Council and was endorsed for gazettal. This involved sending it to the Joint Standing Committee on Delegated Legislation (JSCDL) for inspection, who have advised these changes.
What happens when the JSCDL advise changes to a local law?
A local law can only be amended by way of making an amendment local law, which once passed will be consolidated with the original local law. As such the Fencing Amendment Local Law 2025 has been prepared to amend the Fencing Local Law 2024, thereby satisfying the requirements of the Joint Standing Committee on Delegated Legislation (JSCDL).
A report to the Ordinary Council Meeting on 24 June 2025 containing the undertakings requested by the JSCDL and Council's proposed response, was subsequently adopted.
The report to the Ordinary Council Meeting on 24 June 2025 also contained a proposed Fencing Amendment Local Law 2025 with the Officer’s recommendation to begin advertisement of this local law. Council subsequently endorsed to commence the advertising of the proposed Fencing Amendment Local Law 2025.
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.
What will happen with my feedback?
All feedback will be analysed. As the amendments are grammatical in nature and do not make any fundamental changes to the local law, it is not anticipated that there will be additional amendments to the proposed local law.
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).