Fences and Retaining Walls
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.
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.
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 15 - Public Notification.
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.
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’.