In many instances a Development Application may not be required for the installation of a fence. Please refer to Parts 1 and 2 of State Environmental Policy (Exempt and Complying Development Codes) 2008, to determine whether your fence is exempt from the need to obtain development consent. The Codes SEPP is available below.
If in doubt, before starting works, contact Council Planning Division through: 03 5027 5027 or firstname.lastname@example.org
A dividing fence is a fence that separates the lands of adjoining owners.
The Dividing Fences Act 1991 commenced on 1 February 1992. The Act is about how the cost of a dividing fence is shared between adjoining land owners, where an owner wants to erect a dividing fence or wants work done on an existing dividing fence. It sets out only the minimum requirements, and owners may always agree to arrangements above those requirements.
Council is not involved in resolving disputes regarding dividing fences, however information on issues associated with Dividing Fences can be found at NSW Government Communities & Justice website.
NSW Govt Justice LawAccess: https://www.lawaccess.nsw.gov.au/Pages/representing/lawassist_fences/lawassist_fences.aspx
Dividing Fences Act 1991: https://www.legislation.nsw.gov.au/#/view/act/1991/72/full
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008: https://www.legislation.nsw.gov.au/#/view/EPI/2008/572/full