NSW Collapsed fence

[crocodile]

Hi and thanks for the forum. The neighbour at the back of my property has built up the level of their yard. They've placed layers of dirt at their back and it finished about 1 metre up the fence. Over time the wooden fence could not hold back all of this dirt and now the fence has completely collapsed. I'm sure that they should at least build a retaining wall. They've suggested a wall on the boundary and place the fence on top of the wall. I personally don't like this idea and prefer the fence be replaced at the same level as the existing fence and for them to retain their own dirt on their side. My questions are as follows if anyone hear can point me to the correct information or where to find it.
1. I can't seem to find the legislation that says how far back from the fence the minimum distance is for the wall. If anyone can let me know, I'd be grateful.
2. Can they force me to have the wall on the boundary even though I'm not the one who filled in the land and knocked over the fence.
3. I don't get on poorly with the neighbours but what avenues do I have if this all turns pear shaped.

Thanks everybody, I'm in NSW.
Croc

 

[Heth]

Hi Croc, I work in the Building Industry. Doesn't sound good that they have raised the level of the land at the rear. They should have put in a retaining wall to hold that dirt if it is legal to do that. Looks like they would need to put a 1.2m fence on that retaining wall to comply. If the existing timber fence was 1.8m, with dirt at 1m higher, means that the rear fence would go up O.4m higher than original. They were correct about retaining wall being no higher than 1m. I am guessing that the retaining wall could be right on the boundary to 25mm off. Refer to this portal site for the legal stuff ... Fences | NSW Planning Portal - Department of Planning, Industry and Environment
cheers, Heather

 

[crocodile]

Thanks Heather, Gives me something to investigate. Appreciate your input.
Regards,
Croc

 

[crocodile]

Hi Everone,

Thanks for the reply and information. It was very helpful. I spoke to the rear neighbour and pointed out the problem and they paid for a retaining wall. Now it is time to build the fence. The fence was a timber paling fence and all other fences on my property are as well. They want to build a colourbond fence. I want one like the original. My house is over 100 years old and has been faithfully restored and I think a colourbond fence would look ridiculous. Just wondering where I stand on this. I find it a bit unreasonable to not erect something similar to the original and in keeping with the aesthetics of the property. Any ideas on how to deal with this would be greatly appreciated.

Thanks,
Croc

 

[Heth]

Hi Croc, perhaps your local council can help with this matter. Or the local historical society.
Seems a pity that you couldn't have a restoration for the fence too. Best of luck, Heather