Stormwater, Water Tanks, Fences and Retaining Walls

Please note, where a building permit is required for a fence, retaining wall or water storage tank, find out about how to apply for a permit.

Soakwells and Stormwater Management

It is the landowner’s responsibility to manage stormwater runoff from buildings, hard stand (impervious) areas and gardens within the property boundary.  Stormwater management systems should be designed as per the following Shire requirements:

• Class A lots (sandy free draining soil) must attenuate and infiltrate stormwater into the surrounding sand to the volume of 1m³ per 100m² of impervious area.  Perforated soakwells and/or rain gardens may be used to achieve the required rate of attenuation.
• Class S – Class P lots (clay and/or reactive ground) must provide stormwater storage to the volume of 1m³ per 65m² of impervious area.  Sealed soakwells, rainwater tanks and/or rain gardens may be used to achieve the required rate of attenuation.  Property owners may be permitted to discharge attenuated stormwater into the Shire’s road drainage network where suitable.
• Commercial and Industrial Sites must provide stormwater storage to the volume of 1m³ per 65m² of impervious area.  Property owners may be permitted to discharged attenuated stormwater into the Shire’s road drainage network where suitable.  Prior to design, contact the Shire’s Design and Development team to confirm if there are any additional conditions or restrictions specific to the property.

During extreme rain events, storage capacities may be exceeded. Therefore when designing a stormwater management system, consider providing safe overland flow route/s to direct excess runoff away from buildings and/or adjoining properties.  Runoff may be directed towards road and/or drainage reserves where suitable.

Water storage tanks

Construction, erection assembly or placement of a water storage tanks with a capacity of more than 5000 litres are required to have a building permit.  

Retaining walls

Retaining walls that retain more than 500mm high are required to have a building permit.

Neighbours written permission is required if accessing adjoining property.

The following forms can be downloaded from the Department of Mines, Industry Regulations and Safety website:

• BA20 – Notice and request for consent to encroach or adversely affect                 
• BA20A – Notice and request for consent (response notice): Protection structures, party walls, removal of fences, access to land.

Walls, fences and dividing fences

Boundary fencing are governed by the Dividing Fences Act 1961.

A dividing fence is any wall, fences or similar structure located on or near a common boundary or adjoining land or on a line other that the common boundary.

A building permit is required for a fence exceeding 1.2 metres in height from the natural ground level within three (3) metres of the front boundary of any lot.  

If you are a property owner and are constructing a dividing fence, you should know your obligations and responsibilities under the Act.

The Shire does not administer the Act but can provide advice if required, practically of the definition of a sufficient fence for a zone within the Shire for the purposes of the Act. Please direct any dividing fences disputes to the Department of Mines, Industry Regulations and Safety.

See also: Dividing Fences Guide.

More information and contacts

For more information please contact us.

Related pages

• Building applications and forms
• Building legislation and policies
• Building FAQs
• Sheds, patios and carports
• Swimming pools and spas
• Crossovers, verges and street trees