Fences and retaining walls in Livingstone — do you need approval?
Livingstone Shire Council's planning scheme — the Livingstone Planning Scheme 2018 — decides whether a fence or retaining wall needs a development application, and the answer depends on the zone your property is in. Below is what its table of assessment says for each zone; or check your own address.
In a low density residential zone
No planning approval needed. A normal fence is accepted; a retaining wall must meet the development works code (building approval may still apply).
I don't know my zone — choose my council instead
The zone is on your rates notice, or a Landbrief site report will find it for you.
Zone by zone
Building work (a fence or retaining wall). Residential zones first.
| Zone | What the table says | Conditions | What you'll need |
|---|---|---|---|
| Low Density Residential Zone | No planning approval needed Table 5.6.1 | a fence not involving a retaining wallIf not met: accepted if you meet the requirements. | Building approval for fences over 2 m or retaining walls over 1 mAssessed against: Development works code (earthwork and retaining walls) |
| Low-Medium Density Residential Zone | No planning approval needed Table 5.6.1 | a fence not involving a retaining wallIf not met: accepted if you meet the requirements. | Building approval for fences over 2 m or retaining walls over 1 mAssessed against: Development works code (earthwork and retaining walls) |
| Medium Density Residential Zone | No planning approval needed Table 5.6.1 | a fence not involving a retaining wallIf not met: accepted if you meet the requirements. | Building approval for fences over 2 m or retaining walls over 1 mAssessed against: Development works code (earthwork and retaining walls) |
| Emerging Community Zone | Accepted if you meet the requirements Table 5.6.1 | if the work is a retaining wall or involves excavating or fillingIf not met: no planning approval needed. | Building approval for fences over 2 m or retaining walls over 1 mAssessed against: Development works code (earthwork and retaining walls) |
| Rural Residential Zone | Accepted if you meet the requirements Table 5.6.1 | a retaining wall, or excavating/filling that is building workIf not met: no planning approval needed. | Building approval for fences over 2 m or retaining walls over 1 mAssessed against: Development works code |
| Township Zone | Accepted if you meet the requirements Table 5.6.1 | a retaining wall, or excavating/filling that is building workIf not met: no planning approval needed. | Building approval for fences over 2 m or retaining walls over 1 mAssessed against: Development works code |
| Community Facilities Zone | No planning approval needed Table 5.6.1 | a retaining wall is accepted subject to requirements under the Development works code | Building approval for fences over 2 m or retaining walls over 1 mAssessed against: Development works code |
| District Centre Zone | Accepted if you meet the requirements Table 5.6.1 | if it is a retaining wall or excavating/filling under the ActIf not met: no planning approval needed. | Building approval for fences over 2 m or retaining walls over 1 mAssessed against: Development works code (earthwork and retaining walls) |
| Environmental Management and Conservation Zone | No planning approval needed Table 5.6.1 | a retaining wall is accepted subject to requirements under the Development works code | Building approval for fences over 2 m or retaining walls over 1 mAssessed against: Development works code |
| Limited Development Zone | Accepted if you meet the requirements Table 5.6.1 | if the work is a retaining wall or involves excavating or fillingIf not met: no planning approval needed. | Building approval for fences over 2 m or retaining walls over 1 mAssessed against: Development works code (earthwork and retaining walls) |
| Local Centre Zone | Accepted if you meet the requirements Table 5.6.1 | if it is a retaining wall or excavating/filling under the ActIf not met: no planning approval needed. | Building approval for fences over 2 m or retaining walls over 1 mAssessed against: Development works code (earthwork and retaining walls) |
| Low Impact Industry Zone | No planning approval needed Table 5.6.1 | a retaining wall is accepted subject to requirements under the Development works code | Building approval for fences over 2 m or retaining walls over 1 mAssessed against: Development works code |
| Major Centre Zone | Accepted if you meet the requirements Table 5.6.1 | if it is a retaining wall or excavating/filling under the ActIf not met: no planning approval needed. | Building approval for fences over 2 m or retaining walls over 1 mAssessed against: Development works code (earthwork and retaining walls) |
| Major Tourism Zone | No planning approval needed Table 5.6.1 | a retaining wall or excavating/filling triggers accepted subject to requirements under the Development works codeIf not met: accepted if you meet the requirements. | Building approval for fences over 2 m or retaining walls over 1 mAssessed against: Development works code (earthwork and retaining walls) |
| Medium Impact Industry Zone | No planning approval needed Table 5.6.1 | a retaining wall is accepted subject to requirements under the Development works code | Building approval for fences over 2 m or retaining walls over 1 mAssessed against: Development works code |
| Neighbourhood Centre Zone | Accepted if you meet the requirements Table 5.6.1 | if it is a retaining wall or excavating/filling under the ActIf not met: no planning approval needed. | Building approval for fences over 2 m or retaining walls over 1 mAssessed against: Development works code (earthwork and retaining walls) |
| Open Space Zone | Accepted if you meet the requirements Table 5.6.1 | a retaining wall, or excavating/filling that is building workIf not met: no planning approval needed. | Building approval for fences over 2 m or retaining walls over 1 mAssessed against: Development works code |
| Rural Zone | Accepted if you meet the requirements Table 5.6.1 | a retaining wall, or excavating/filling that is building workIf not met: no planning approval needed. | Building approval for fences over 2 m or retaining walls over 1 mAssessed against: Development works code |
| Special Purpose Zone | Accepted if you meet the requirements Table 5.6.1 | if the work is a retaining wall or involves excavating or fillingIf not met: no planning approval needed. | Building approval for fences over 2 m or retaining walls over 1 mAssessed against: Development works code (earthwork and retaining walls) |
| Specialised Centre Zone | Accepted if you meet the requirements Table 5.6.1 | if the work is a retaining wall or involves excavating or fillingIf not met: no planning approval needed. | Building approval for fences over 2 m or retaining walls over 1 mAssessed against: Development works code (earthwork and retaining walls) |
| Sport and Recreation Zone | No planning approval needed Table 5.6.1 | a fence not involving a retaining wallIf not met: accepted if you meet the requirements. | Building approval for fences over 2 m or retaining walls over 1 mAssessed against: Development works code (earthwork and retaining walls) |
Overlays that change the answer
- Acid Sulfate Soils Overlay. Below 20m AHD, building work, reconfiguring a lot, operational work or a material change of use becomes code assessable where it involves excavation of 100m³ or more of soil/sediment, or filling of land below 5m AHD with 500m³ or more of fill at an average depth of 0.5m or more. (Table 5.9.1)
- Coastal Hazard Overlay. Within the erosion prone area or storm tide hazard area, a dwelling house/MCU and reconfiguring a lot become code assessable in the circumstances set out; building work (new/extension/fill/secondary dwelling) becomes accepted subject to requirements of the coastal hazard overlay code. (Table 5.9.5)
- Flood Hazard Overlay. Within the flood hazard overlay, a dwelling house/MCU and reconfiguring a lot become code assessable in the circumstances set out; building work (new/extension/fill/secondary dwelling) becomes accepted subject to the requirements of the flood hazard overlay code. (Table 5.9.7)
- Heritage Place Overlay. Within or adjacent to a State or local heritage site (distance triggers of 5–50m by site), MCU, reconfiguring a lot, building work and operational work become accepted subject to requirements or code assessable, particularly where features/trees are altered, removed or demolished. (Table 5.9.8)
- Scenic Amenity Overlay. Within scenic amenity management areas, coastal green break, coastal scenic transport route or coastline foreshore overlays, building work and MCU that are accepted become accepted subject to requirements (and code assessment escalates); reconfiguring a lot becomes code assessable; certain clearing/earthwork/advertising become ASR or code assessable. (Table 5.9.10)
Worth knowing in Livingstone
Minimum lot sizes shown are the ToA thresholds above which creating additional lots is code assessable; below those thresholds reconfiguring is impact assessable (the Reconfiguring a Lot Code Table 9.3.3.4.2 sets the detailed minimum lot areas/dimensions/frontages, which was not fully reproduced here). Note precinct variations: Rural Residential (Park Residential Precinct 4000m² vs 2ha elsewhere); Rural Zone (Capricorn Coast Rural Precinct 10ha, Class A/B Agricultural Land 60ha, otherwise 150ha); Rural and Township zones have a Yaamba Historic Township Precinct that changes dwelling house/building work categories. For shop_office the three uses (Shop, Food and drink outlet, Office) can differ — e.g. in centre zones a Shop/Food and drink outlet is often accepted/ASR if within an existing building but code assessable if a new building or drive-through, while in Township and Specialised Centre zones these uses are generally code assessable. The Seaspray Local Plan overrides the underlying zone for dwelling house, dual occupancy and building work within its precincts (dwelling house and dual occupancy are accepted subject to requirements). Overlays only change categories to the extent the premises is affected by the overlay, and overlay effects do not apply where the relevant overlay code's accepted-development acceptable outcomes are met. A separate building approval under the Building Act is required for building work even where planning categorises it as accepted. State Vegetation Management Act rules operate separately from the scheme's clearing provisions.
What else you'll need
- Building approval for fences over 2 m or retaining walls over 1 m
More about Livingstone
- What can you build in Livingstone? Council overview and development applications
- Every Queensland zone explained, with what each council allows and the planning overlays that change the answer
- What Livingstone Shire Council charges for a development application, compared with other councils
- A Landbrief site report for your Livingstone address — every planning layer that applies to the lot
- Development applications in Yeppoon
- Development applications in Emu Park
- Development applications in Lammermoor
- Development applications in Taranganba
- Development applications in Zilzie
- Development applications in Hidden Valley
- Development applications in Tanby
- Development applications in Kinka Beach
Other projects in Livingstone
Granny flatDual occupancySubdivideShed or carportExtensionPoolHome businessTownhousesShop, café or officeClear treesDemolish
The statewide position on this project: Fence or wall in Queensland.
Read from the Livingstone Planning Scheme 2018 tables of assessment. General information, not advice. The council's planning scheme and the Planning Act 2016 decide — confirm with the council or a town planner before you build.