PALERANG DEVELOPMENT CONTROL PLAN FENCING REQUIREMENTS IN RURAL, ENVIRONMENTAL PROTECTION AND RURAL RESIDENTIAL AREAS Palerang Council PO Box 348 Bungendore NSW 2621 Phone: 02 6238 8111 Approved by Council: 6 October 2011 Came into effect: 19 October 2011
1. Introduction This development control plan (DCP) applies uniform fencing standards throughout the rural, rural residential and environmental protection areas in Palerang. The fencing standards are applied when land is being subdivided or when a new fence is proposed which does not meet the exempt development standards applying under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. The DCP does not require the upgrading or replacement of existing fences except as a result of subdivision. The DCP amends Yarrowlumla Development Control Plan Rural Zones, Yarrowlumla Development Control Plan 7(e) Environmental Protection Zone, Tallaganda Development Control Plan No 3 Rural Small Holding Development and Tallaganda Development Control Plan No 4 Rural 1(a). The DCP also applies these fencing standards to land in Palerang that was formerly in Cooma-Monaro, Gunning, Mulwaree and Goulburn Mulwarree local government areas. 2. Objective The objective of this development control plan is to standardise the fencing controls that apply in rural, rural residential and environmental protection areas of Palerang. 3. Land to which this Development Control Plan applies This plan applies to all land in the Palerang Council area that is within the following zones: Zone 1(a) (General Rural) or Zone 1(c) (Rural Small Holdings) under the Tallaganda Local Environmental Plan 1991; Zone 1(a) (General Rural Zone), Zone 1(d) (Rural Residential Zone) or Zone 7(e) (Environmental Protection Zone) under the Yarrowlumla Local Environmental Plan 2002; Zone 1(a) (General Rural) under the Mulwaree Local Environmental Plan 1995; Zone 1(a) (Rural Zone) under the Gunning Local Environmental Plan 1997; Zone 1(a) (Rural Zone) under the Cooma-Monaro Local Environmental Plan 1999 - (Rural); Zone RU1 Primary Production or Zone RU2 Rural Landscape under the Goulburn Mulwaree Local Environmental Plan 2009. 4. Local Environmental Plan applying to the land The following local environmental plans apply to the land to which this plan applies: Yarrowlumla Local Environmental Plan 2002; Tallaganda Local Environmental Plan 1991; Gunning Local Environmental Plan 1997; Mulwaree local Environmental Plan 1995; Cooma-Monaro Local Environmental Plan 1999 (Rural); and Goulburn Mulwaree Local Environmental Plan 2009. Draft Palerang Development Control Plan Fencing Requirements 2
5. Amendment of Current Development Control Plans Yarrowlumla Development Control Plan Rural Zones, Yarrowlumla Development Control Plan 7(e) Environmental Protection Zone, Tallaganda Development Control Plan No 3 Rural Small Holding Development and Tallaganda Development Control Plan No 4 Rural 1(a) Provisions are amended as set out in Schedule 1. 6. Fencing standards applying to land formerly in Cooma-Monaro, Gunning, Mulwarree and Goulburn Mulwaree local government areas. For subdivisions of land zoned 1(a) under the Cooma-Monaro LEP 1999 - (Rural), Mulwaree LEP 1995 or Gunning LEP 1997, or land zoned RU1 or RU2 under the Goulburn Mulwarree LEP 2009, the applicant shall provide a fence to all road frontages and public open space areas to the following standard unless Council agrees to a variation prior to erection: ( horse sighter or similar) Two central 2.5 mm high tensile wires the upper one at least 300 mm below the top wire One bottom 2.5 mm high tensile wire at least 300 mm above the ground (minimum 3.65 metres) at approved entrance. Fencing between lots is a matter for landowners subject to the Dividing Fences Act 1991. This Act is administered by the Department of Finance and Services. Council is generally not involved in fencing disputes, which are resolved by a Local Justice Centre or Local Court. Road frontage boundary fencing that is not being erected as part of a subdivision should be generally consistent with the specifications listed in clause 11 with increased height acceptable if required to contain stock (eg deer). Control of stock is the responsibility of the land owner or stock owner. Under section 96 of the Rural Lands Protection Act 1998 A person who owns or has charge of stock must ensure that the stock do not walk or graze on a public road unless under the authority of a permit. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 allows some types of fencing as exempt development. Development consent is required if the development standards specified in the SEPP cannot be met. With the exception of post and rail as well as mesh fencing (maximum height 1.2 metres unless required to contain stock) no other types of road frontage boundary fencing (including paling and metal panel fencing of any height) will be permitted. Draft Palerang Development Control Plan Fencing Requirements 3
SCHEDULE 1 Amendments to Current Development Control Plans 1. Yarrowlumla Development Control Plan Rural Zones 1. Delete clause 12. Fencing on page 39 and insert the following: 12. Fencing 12.1 Land zoned 1(a) General Rural The applicant shall provide a fence to all road frontages and public open space areas to the following standard unless Council agrees to a variation prior to erection: Two central 2.5 mm high tensile wires, the upper one at least 300 mm below the top wire One bottom 2.5 mm high tensile wire at least 300 mm above the ground 12.2 Land zoned 1(d) Rural Residential or 1(g) Rural Small Holdings The applicant shall provide a fence to all road frontages and public open space areas to the following standard unless Council agrees to a variation prior to erection: Palerang Development Control Plan Fencing Requirements 4
Two central 2.5 mm high tensile wires, the upper one at least 300 mm below the top wire One bottom 2.5 mm high tensile wire at least 300 mm above the ground 2. Delete clause 34. Fencing on page 51 and insert the following: 34. Fencing Fencing between lots is a matter for landowners subject to the Dividing Fences Act 1991. This Act is administered by the Department of Finance and Services. Council is generally not involved in fencing disputes which are resolved by a Local Justice Centre or Local Court. Road frontage boundary fencing that is not being erected as part of a subdivision should be generally consistent with the specifications listed in clause 12 with increased height acceptable if required to contain stock (eg deer). Control of stock is the responsibility of the land owner or stock owner. Under section 96 of the Rural Lands Protection Act 1998 A person who owns or has charge of stock must ensure that the stock do not walk or graze on a public road unless under the authority of a permit. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 allows some types of fencing as exempt development. Development consent is required if the development standards specified in the SEPP cannot be met. In rural residential areas fences using barbed wire are not exempt development under the SEPP and development consent for such a fence will be required from Council. Development applications will need to be supported by justification of the use of barbed wire in terms of the type and number of stock proposed to be kept on the property. With the exception of post and rail as well as mesh fencing (maximum height 1.2 metres unless required to contain stock) no other types of road frontage boundary fencing (including paling and metal panel fencing of any height) will be permitted. 2. Yarrowlumla Development Control Plan 7(e) Environmental Protection Zone 1. Delete clause 11. Fencing on page 32 and insert the following: 11. Fencing Palerang Development Control Plan Fencing Requirements 5
The applicant shall provide a fence to all road frontages and public open space areas to the following standard unless Council agrees to a variation prior to erection: Two central 2.5 mm high tensile wires, the upper one at least 300 mm below the top wire One bottom 2.5 mm high tensile wire at least 300 mm above the ground 2. Delete clause 31. Fencing on page 44 and insert the following: 31. Fencing Fencing between lots is a matter for landowners subject to the Dividing Fences Act 1991. This Act is administered by the Department of Finance and Services. Council is generally not involved in fencing disputes which are resolved by a Local Justice Centre or Local Court. Road frontage boundary fencing that is not being erected as part of a subdivision should be generally consistent with the specifications listed in clause 11 with increased height acceptable if required to contain stock (eg deer). Control of stock is the responsibility of the land owner or stock owner. Under section 96 of the Rural Lands Protection Act 1998 A person who owns or has charge of stock must ensure that the stock do not walk or graze on a public road unless under the authority of a permit. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 allows some types of fencing as exempt development. Development consent is required if the development standards specified in the SEPP cannot be met. Fences using barbed wire are not exempt development under the SEPP and development consent for such a fence will be required from Council. Development applications will need to be supported by justification of the use of barbed wire in terms of the type and number of stock proposed to be kept on the property. With the exception of post and rail as well as mesh fencing (maximum height 1.2 metres unless required to contain stock) no other types of Palerang Development Control Plan Fencing Requirements 6
road frontage boundary fencing (including paling and metal panel fencing of any height) will be permitted. 3. Tallaganda Development Control Plan No. 3 Rural Small Holding Development 1. Delete clause 2.1(d) Fencing on page 5 and insert the following: (d) Fencing The applicant shall provide a fence to all road frontages and public open space areas to the following standard unless Council agrees to a variation prior to erection: Two central 2.5 mm high tensile wires, the upper one at least 300 mm below the top wire One bottom 2.5 mm high tensile wire at least 300 mm above the ground 2. Insert the following after clause 2.3: 2.4 Fencing not associated with subdivision Fencing between lots is a matter for landowners subject to the Dividing Fences Act 1991. This Act is administered by the Department of Finance and Services. Council is generally not involved in fencing disputes which are resolved by a Local Justice Centre or Local Court. Road frontage boundary fencing that is not being erected as part of a subdivision should be generally consistent with the specifications listed in clause 11 with increased height acceptable if required to contain stock (eg deer). Control of stock is the responsibility of the land owner or stock owner. Under section 96 of the Rural Lands Protection Act 1998 A person who owns or has charge of stock must ensure that the stock do not walk or graze on a public road unless under the authority of a permit. Palerang Development Control Plan Fencing Requirements 7
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 allows some types of fencing as exempt development. Development consent is required if the development standards specified in the SEPP cannot be met. Fences using barbed wire are not exempt development under the SEPP and development consent for such a fence will be required from Council. Development applications will need to be supported by justification of the use of barbed wire in terms of the type and number of stock proposed to be kept on the property. With the exception of post and rail as well as mesh fencing (maximum height 1.2 metres unless required to contain stock) no other types of road frontage boundary fencing (including paling and metal panel fencing of any height) will be permitted. 4. Tallaganda Development Control Plan No. 4 Rural 1(a) Provisions 1. Delete clauses 2.36 to 2.40 inclusive and the subheadings Aims and Standards under the heading Fencing on page 23 and insert the following: 2.36 The applicant shall provide a fence to all road frontages and public open space areas to the following standard unless Council agrees to a variation prior to erection: Two central 2.5 mm high tensile wires, the upper one at least 300 mm below the top wire One bottom 2.5 mm high tensile wire at least 300 mm above the ground 2. Insert the following after clause 9.2.2: SECTION 3 9A FENCING NOT ASSSOCIATED WITH SUBDIVISION Palerang Development Control Plan Fencing Requirements 8
Fencing between lots is a matter for landowners subject to the Dividing Fences Act 1991. This Act is administered by the Department of Finance and Services. Council is generally not involved in fencing disputes which are resolved by a Local Justice Centre or Local Court. Road frontage boundary fencing that is not being erected as part of a subdivision should be generally consistent with the specifications listed in clause 11 with increased height acceptable if required to contain stock (eg deer). Control of stock is the responsibility of the land owner or stock owner. Under section 96 of the Rural Lands Protection Act 1998 A person who owns or has charge of stock must ensure that the stock do not walk or graze on a public road unless under the authority of a permit. State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 allows some types of fencing as exempt development. Development consent is required if the development standards specified in the SEPP cannot be met. With the exception of post and rail as well as mesh fencing (maximum height 1.2 metres unless required to contain stock) no other types of road frontage boundary fencing (including paling and metal panel fencing of any height) will be permitted. Palerang Development Control Plan Fencing Requirements 9