Planning Act 2023
516Basic fences between leased and unleased land
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516 Basic fences between leased and unleased land (1) This section applies in relation to an open space boundary of a block if, whether before or after the commencement of this section, a development requirement in relation to the block requires the erection of a basic paling fence for the boundary. (2) The development requirement is taken to have been complied with for the open space boundary if, instead of a basic paling fence, either of the following is erected: (a) a fence that is exempt from requiring development approval; (b) a fence in accordance with a notice under the Common Boundaries Act 1981, section 23 (Boundary between leased and unleased land). basic paling fence means a fence that consists of not more than— (a) a support structure; and (b) timber palings only as the fence’s panelling; and (c) a capping rail. Examples—fences that are not basic paling fences 1 a paling fence with a lattice extension or panelling 2 a fence with brick piers separating paling panels
development requirement, in relation to a block, means— (a) a condition in a lease for the block; or (b) a requirement of a development approval or a corresponding approval under a repealed territory law. open space boundary means a boundary between leased and unleased land.