91Fences on or within 150 mm of side or rear boundaries

91 Fences on or within 150 mm of side or rear boundaries (1) Despite regulation 90, one or more fences that are more than 2 m in height may be constructed on, or within 150 mm of, a side or rear boundary of an allotment (other than a boundary that is a side or rear street alignment) if the total length of the fence or fences or that total length combined with the length of any wall, or carport, or wall and carport constructed in accordance with either regulation 80(2) or (3) (as the case requires) on or adjacent to that boundary, does not exceed the greater of the following lengths— (a) 10 m plus 25% of the remaining length of the boundary of an adjoining allotment; (b) the length of any wall or carport constructed on an adjoining allotment that is on or within 150 mm of the boundary of that allotment and that abuts those fences. (2) A fence constructed on or within 150 mm of a side or rear boundary of an allotment in accordance with this regulation must not exceed— (a) an average height of 3 m; and (b) a maximum height of 3·6 m along the boundary. (3) Despite subregulation (2), if a fence abuts an existing wall it may be constructed to the same height as that wall. (4) This regulation does not apply to a fence if the fence is provided to comply with regulation 84, or with a planning scheme that regulates the same matter as regulation 84, and— (a) the fence is not more than 2·5 m in height; and (b) the part of the fence between 2·0 m and 2·5 m in height has between 20% and 25% of its area open. (5) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.