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Fences and Retaining Walls

When does a fence require Development Approval?

Development Approval IS required if the proposed fence matches any of the following criteria:

  • The fence is greater than 2.1m in height
  • The fence is of masonry (ie. Brick work, besser block or concrete) construction and any part (including piers) exceeds 1 metre in height (measured from the lower of the two finished ground levels); or alternatively, when the fence, including the combined height of any retaining wall and attached fence, is greater than 2.1 metres in height
  • Any part of the fence is greater than 1 metre in height within 6 metres of the intersection of two boundaries of land where those boundaries face a road, other than where a 4m x 4m corner cut-off has already been provided
  • A fence that is intended as a safety fence for a swimming pool which is approved for construction or requires approval for construction, on or after 1 July 1993
  • A brush fence that will be closer than 3 metres to an existing or proposed Class 1 or Class 2 building under the National Construction Code, with a distance measured from any part of the brush fence and from any part of an external wall of the building (being an external wall within the meaning of the National Construction Code). This limitation does not affect repair to an existing brush fence that does not enlarge or extend the brush fence.

When does a retaining wall require approval?

The retaining wall is to be located within an area identified within Council’s Development Plan as being subject to flooding or inundation.

  • The retaining wall will retain a difference in ground levels greater than 1m.
  • Design requirements
  • The design of fences and retaining walls should satisfy the following criteria:
    • not result in damage to neighbouring trees
    • Be compatible with the associated development and with existing predominant, attractive fences and walls within the locality
    • Enable some visibility of buildings from and to the street to enhance safety and allow casual surveillance
    • Assist in highlighting building entrances
    • Incorporate articulation or other detailing where there is a large expanse of wall facing the street
    • Be sited and limited in height, to ensure adequate sight lines for motorists and pedestrians especially on corner sites
    • In the case of side and rear boundaries, be of sufficient height to maintain privacy and/or security without adversely affecting the visual amenity or access to sunlight of adjoining land
    • Be constructed of non-flammable materials.
    • Fencing should be open in form to allow cross ventilation and access to sunlight.

Will my fence application be subject to public notification?

Fences, retaining walls and a combination of the two structures, are all assigned to Category 1 within Schedule 9 of the Development Regulations 2008 meaning such applications are not subject to public notification. For more information on the public notification process, refer to Development Information Guide - Public Notification.

What are Council’s responsibilities when my fence adjoins Council land?

The City of Port Lincoln will contribute half of the cost of the construction, repair and replacement of a standard fence of up to 2.1m adjoining Council-owned property, which is less than one hectare in area (with the exception of road reserves, drainage reserves, streets and walkways), in accordance with the SA Fences Act 1975 and Council’s Civil Works Policy 14.63.11.

Where a landowner proposes a fence which, in Council’s opinion, exceeds the scope or specification of a standard fence, the contribution payable will be limited to the amount determined for a fence of standard scope and specification.  Further information on this matter can be obtained by contacting Council’s Manager Civil Operations.

The SA Fences Act 1975

Council is not responsible for the administration of the SA Fences Act and has no role to play in resolving disputes between neighbours about dividing fences.  For information on dividing fences and the legal procedures associated with the construction, replacement or repair of a boundary fence, please refer to the Legal Services Commission information guide for neighbours ‘Fences and the Law’.

Relevant Links

Information Sheet and Checklist

Development Application Form

Electricity Act Declaration Form

Development Act Schedule of Fees

 

 

City of Port Lincoln
City of Port Lincoln ABN: 80 776 127 243
PO Box 1787, PORT LINCOLN SA 5606
Level One, Civic Centre, 60 Tasman Terrace, Port Lincoln
Telephone: 08 8621 2300 | Fax: 08 8621 2399 | Email: plcc@plcc.sa.gov.au
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City of Port Lincoln ABN: 80 776 127 243
PO Box 1787, PORT LINCOLN SA 5606
Level One, Civic Centre,
60 Tasman Terrace, Port Lincoln
Telephone: 08 8621 2300 | Fax: 08 8621 2399
Email: plcc@plcc.sa.gov.au
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