Fences

Man walking along a footpath between trees with autumn leaves and picket fences
A planning permit can be required to put up or replace a fence if your property is located within a heritage overlay, a Land Subject to Inundation Overlay, or a flood overlay under the Indigo Planning Scheme.

To find out what zone(s) and overlay(s) apply to your property, obtain a free planning property report land.vic.gov.au.

It is also important to understand the fence itself may not need a planning permit but removal of trees or other native vegetation may.
 
It is important you check if you need a planning permit before you start work and a building permit may also be required for fences depending on the height and materials.
 
Heritage Overlay 
If your property is in a heritage overlay or precinct, a permit is required to remove, alter (including paint), or construct a fence. Applications will be referred to Council’s Heritage Adviser who will inspect the proposal and provide advice as to what colours, materials and styles are appropriate.
 
Land Subject to Inundation Overlay
If your property is within a Land Subject to Inundation Overlay, the following does not require a planning permit:
  • Open type fencing (excluding paling fences, brick and concrete walls),
  • A replacement fence of the same type and materials as an existing fence
  • A fence in a residential area (provided a 50mm gap is maintained between the bottom of the fence and the natural ground level to allow flood water to flow through)

If the above provisions are not met, a planning permit will be required and the application will be referred to the North East Catchment Management Authority (CMA) for consent.

Flood Overlay
If your property is within a flood overlay, open type fencing (excluding paling fences, brick and concrete walls) or a replacement fence of the same type and materials as the existing fence, does not require a planning permit. If the above provisions are not met, a planning permit will be required and the application will be referred to North East CMA for consent.

 

Application Requirements

Where a planning permit is required to construct a fence, the following information should be provided:
  • Completed planning permit application form;
  • Relevant fee;
  • Copy of Certificate of Title; and
  • Fully dimensioned plans showing the following information:
  • Boundaries and dimensions of the site;
  • Location of existing buildings on the site; and
  • Location and details of the proposed fence including height, materials, style and colours.

Liability of occupiers of adjoining lands

Building a fence is basically a civil matter between two neighbours under the Fences Act 1968 and as such Council cannot intervene in matters between neighbours over boundary fences. Disputes can arise between neighbours in relation to many issues such as over tree roots and branches; or fences; or noise pollution from animals, machinery or cars.
 
The Dispute Settlement Centre of Victoria (DSCV) can help you to resolve a wide range of these issues, without having to resort to taking legal action. They offer practical strategies, mediation services, education programs and more. The service is free.
 
The DSCV website provides step-by-step advice and practical tips for dealing with common disputes.
 
CONTACT
Address: 4/456 Lonsdale St Melbourne VIC 3000
Phone: (03) 9603 8370 or 1800 658 528 (toll free for regional callers)
Email: dscv@justice.vic.gov.au
Web: www.disputes.vic.gov.au
 

 

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