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01 March 2024, 12:00 AM
Cessnock City Council is currently in the early stages of planning and designing upgrades to Wollombi Road.
It has come to our attention that several residents along Wollombi Road have been or are currently in the process of replacing fencing along the boundary facing Wollombi Road. We would like to take this opportunity to remind you that the development of fences is subject to regulations outlined in the Environmental Planning and Assessment Act 1979 and the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.
The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides provisions for the development of fencing without the need for formal approval, as long as specific standards are adhered to. Subdivision 17 of the Policy outlines the following criteria:
Subdivision 17 Fences (certain residential zones and Zone RU5)
2.33 Specified development
The construction or installation of a fence on land within Zone R1, R2, R3, R4 or RU5 is development specified for 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, or
(c) on a flood control lot, or
(d) on land that is identified as being in a foreshore area.
Note— If the fence is a dividing fence, the Dividing Fences Act 1991 also applies.
2.34 Development standards
(1) The standards specified for development specified in clause 2.33 are that the development must—
(a) not be higher than 1.8m above ground level (existing), and
(b) not be of masonry construction to a height that is more than 1.2m above ground level (existing), and
(c) if it includes an entrance gate—not have a gate that opens outwards, and
(d) if it is located in a core koala habitat or potential koala habitat within the meaning of State Environmental Planning Policy No 44—Koala Habitat Protection or in a movement corridor used by koalas—be constructed or installed in accordance with any relevant council policy or guideline under that Policy, and
(e) if it is located on bush fire prone land—be constructed of non-combustible materials or hardwood, and
(f) if it is constructed of metal components—be of low reflective, factory pre-coloured materials, and
(g) not be an electrical fence or use barbed wire.
(2) Despite subclause (1), any fence located along the boundary of, or within the setback area to, a primary or secondary road must—
(a) not be more than 1.2m above ground level (existing), and
(b) 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 this height being no more than 350mm in width with a minimum aperture of 25mm.
(3) If a lot has a frontage to a secondary road or roads, subclause (2) only applies to 50% of the length of all contiguous secondary road boundaries, measured from the corner with the primary road boundary.
(4) Subclause (2)(b) does not apply to the part of the fence along the side boundary and within the setback area to the primary road.
(5) Despite subclauses (1) and (2), if the fence is erected on a sloping site and stepped to accommodate the fall in the land—
(a) a fence that is required to be not more than 1.2m above ground level (existing), must not be more than 1.5m above ground level (existing) at each step, and
(b) a fence that is required to be not more than 1.8m above ground level (existing), must not be more than 2.2m above ground level (existing) at each step.
We understand that these regulations may seem detailed, but they are in place to ensure the safety, aesthetics, and environmental considerations of our community. If you have any queries or need further clarification, please don't hesitate to reach out to Cessnock City Council at 02 4993 4100 or via email at council@cessnock.nsw.gov.au
Your cooperation and understanding in this matter are greatly appreciated.