Does "Setback Area" include property boundary

My lot is a flood control lot and a corner block. It means that I need approval for installing fences.

I am considering getting a CDC approval for fencing, but below clause in the complying development code for attached development scares me out.

"Despite subclause (2) (a), any fence located in the setback area of a primary or secondary road must not be higher than 1.2m above ground level (existing)." (subclause (2)(a) says fence height can be up to 1.8m behind building line).

My questions is whether "in the setback area" includes "along the boundary" or not? Basically, if I install a fence along the boundary of the secondary st, can it be 1.8m or it has to be 1.2m all the way?

I tried contacting some PCAs, but they refuse to answer my question unless some fee is paid.

Regards

James Gao

 

Sounds like a side fence can only exceed 1.2m behind the building alignment ie outside of the setback distance.

 

Agree with Scott No Mates, if you wanted a bit different you may be able to go the DA route for more flexibility but more cost. Maybe get a DA quote from council to compare with a PCA via CDC quote?

 

Thanks. What I do not crack is that how come CDC requires 1.2m for both primary and secondary st where I see almost ever corner block has 1.8m fence on the secondary st boundary.

 

The driver of a car cannot see through a 1.8m high fence, hence the requirement from the building alignment. You can't see through the building either.

 

I get it that the side street fence in front of building line should be 1.2m, which is ok. I don't understand is why CDC requires the full length of side street boundary fence to be 1.2m, which leaves no private space for a corner block.

 

It relates to the primary setback. Worst case scenario, you will need the side fence to have the same secondary setback as the house to have a 1.8m high side fence though that doesn't make sense.

 

1.2m + bamboos (ideally clamping) = privacy issue sorted (if that’s the main motive for a higher fence?)