Some developments may qualify as 'exempt development', allowing them to proceed without planning approval if they meet certain criteria. Below, you'll find the specific requirements for exempt development related to fencing, retaining walls, sheds, carports, driveways, and nature strips.
Fences
If a proposed fence meets the following restrictions, it is classified as exempt development, meaning the development can proceed without planning approval.
Height Restrictions:
Side and rear boundary fences must not exceed 1.8 meters in height, or 1.2 meters if constructed from masonry. Front and secondary road setback fences must not exceed a height of 1.2 metres. For fences along the boundary or within the setback area of a secondary road, at least 20% of the fence above 400 millimetres must be transparent.
Material and Design Requirements:
Gates must not open outwards.On bushfire-prone land, fences must be constructed of non-combustible materials or hardwood. Any metal parts must be low reflective and factory pre-coloured.Electrical fencing or barbed wire is not permitted in residential zones, except in zone R5 Large Lot Residential.
Location Restrictions:
Fences cannot be built as exempt development on lots with heritage items or within heritage conservation areas.They must not be within the setback area of a primary or secondary road in certain zones.
Environmental Considerations: If the fence is in a Koala habitat area or movement corridor, additional controls may be set by Council. If you are unsure if the proposed area of work is located in a Koala habitat area or movement corridor, please contact Council on 1300 136 833 and speak to our planning team.
Note: Any disagreements between neighbours regarding fences is an issue under the Dividing Fences Act 1991 and not an issue Council can assist with. In addition, Council does not contribute to the cost of fencing, wherein a fence is proposed along a private boundary and a boundary of council land.
Retaining Walls
If a proposed retaining wall meets the following restrictions, it is classified as exempt development, meaning the development can proceed without planning approval.
Height Restrictions: The retaining wall must not exceed a maximum height of 600mm (0.6 meters).
Location and Impact: The wall must be located on a residential property and have minimal environmental impact. It should not be within a heritage area or affect critical habitats. Compliance with Standards: The construction must comply with the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. This includes ensuring the wall is structurally adequate and built according to the manufacturer’s specifications and the National Construction Code.
Other Criteria: The wall should not redirect the flow of water onto adjoining properties or create any safety hazards.
Sheds
If a proposed shed meets the following restrictions, it is classified as exempt development, meaning the development can proceed without planning approval.
Location: The shed must not be situated on or in a heritage item, draft heritage item, or environmentally sensitive area.
Size: The maximum floor area does not exceed 20 square meters in most zones, and up to 50 square meters in rural zones (RU1, RU2, RU3, RU4, RU6) and large lot residential zones (R5).
Height: The shed must not exceed 3 meters in height above the existing ground level.
Placement: The shed should be in the rear yard and at least 5 meters from any boundary in rural zones, or 900mm in other zones.
Carports
If a proposed carport meets the following restrictions, it is classified as exempt development, meaning the development can proceed without planning approval.
Location: Carports must not be built on lots containing heritage items or in foreshore areas.
Size: The maximum floor area must not exceed 20 square meters for lots up to 300 square meters, and must not exceed 50 square meters for larger lots in rural zones and residential Zone R5.
Placement: Carports must be located at least 1 meter behind the building line facing the road.
Driveways
If you are looking to install a driveway on your property, you will require an approval under Section 138 of the Roads Act 1993. To obtain this approval, please complete the following form and return to council. Technical details relating to driveway standards can be found on the engineering code page.
In addition to driveways, if you are seeking to do any work in the nature strip, such as a new stormwater pipe to the kerb, installing a street tree or parking a skip bin, you will also require an approval.
Works that don’t require approval, include minor driveway maintenance, fence painting, lawn mowing and trimming hedges.
Note: it is an offence under the Local Government Act 1993 to park a vehicle on the nature strip. Infringement notices can be issued for such offence.