NSW Definition of a secondary road in regards to boundary fencing

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Monarodave

Member
17 June 2020
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Hi all. I have a question regarding firstly, if a quiet cul da sac within a small town is considered a secondary road? The Roads Act 1993 states that a "Secondary road is a public road which by carrying a substantial amount of through traffic, relieves a neighbouring main road of traffic".

The cul da sac in question does not carry substantial traffic, and being a dead end, it does not allow through traffic. Moreover, these two factors do not relieve a neighbouring main road.

My secondary question (and the main point) is that the local council and Fencing Act state that there is a restriction of 1.2m high fencing forward of the building line, if the property fronts a main or secondary road. Would a quiet cul da sac be considered as a secondary road or as a unclassified local road?

My mind has been working overtime on this, and perhaps I should have paid more attention during property law during my JD!

Thanks.