Gates for New Estate Homes in Western Sydney: Covenants, Guidelines and Getting It Right

If you are building or have just moved into a new home in Oran Park, Gregory Hills, Marsden Park, Schofields, Edmondson Park, Leppington or one of Western Sydney's other land release estates, a front gate is probably on the list. Before you start getting quotes, it is worth spending half an hour with your contract and title documents. Estate rules about front fencing catch a lot of people out.

Why estates have rules about fences and gates

Developers want streets in their estates to look consistent, so many register design guidelines and restrictions on each lot's title. In NSW those restrictions are commonly set out in a document called the section 88B instrument, which sits with the plan of subdivision. Some estates go further and register the design guidelines themselves on the 88B instrument so they bind future owners as well as the first buyer.

Fencing rules in estate guidelines commonly cover:

• Whether front fencing is allowed at all, or only in certain styles
• Maximum fence and gate heights, which can be lower than council limits
• Materials and colours, often matching the facade or a set palette
• Transparency, such as requiring slat or batten designs rather than solid panels
• How far back from the boundary fences must sit
• Whether you need the developer's written approval before building

Developer approval is not council approval

This is the point most people miss. If your estate requires developer approval for front fencing, getting it does not mean council has approved anything. Estate guidelines commonly say this outright: compliance with the guidelines is not a development application or construction certificate. You may need to satisfy both.

On the council side, many front fences and gates in NSW are exempt development under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, as long as they meet the standards. For residential zones, fences on a primary or secondary road boundary are generally limited to 1.2 metres, and gates must not open outwards. A gate that is taller, sits on a corner, or is on a property with heritage listing may need approval from council: Camden, Blacktown, Liverpool, Penrith, Campbelltown or whichever council covers your suburb.

Restrictive covenants do not just disappear because a gate is exempt from council approval. Treat the 88B instrument as a separate set of rules you also have to meet.

How to find your estate's rules

1. Check your contract of sale. The 88B instrument and any design guidelines are usually attached or referenced.
2. If you cannot find it, a conveyancer can obtain the 88B instrument through NSW Land Registry Services or an information broker.
3. Look on the developer's website for the current design guidelines for your stage, since they can change between releases.
4. If developer approval is required, find out what they want submitted: usually a drawing or photo of the proposed gate, materials and colours.

Picking a gate for a compact estate lot

Once you know what is allowed, the block itself narrows the options.

Driveway depth. Most estate homes have a garage close to the street. A swing gate needs room to open into the driveway, and on a short driveway a parked car will block it. That is why automatic sliding gates are the usual choice in estates.

Side clearance. A sliding gate needs a clear run along the fence roughly as wide as the gate. On estate blocks that run often has a letterbox, a meter box, a tap or a garden bed on it. Measure before you get excited about a particular design.

Power. Builders rarely put a power point at the front boundary. Running power after the driveway is poured means cutting or boring under concrete. A solar gate kit can avoid that, provided the front yard gets enough sun. Any new mains power point is electrical wiring work that must be done by a licensed electrician in NSW.

Style. Slat and batten aluminium gates in charcoal, black or a colour matched to the garage door are popular because they suit current facades and often meet transparency rules in estate guidelines.

Timing

If you can, plan the gate before the driveway and landscaping go in. A conduit laid under the driveway for power and control cables, or a footing set for a gate post, is cheap to add early and expensive to add later. Even if you are not ready to buy the gate, it can be worth talking to an installer about what to leave in place.

Shared driveways and community title

Some estates include community title schemes or shared driveways. In those cases a gate across a shared area may need approval from the community association or the other owners, on top of everything above. Check your scheme's by-laws and management statement.

A quick checklist

• Read the 88B instrument and design guidelines for your lot
• Get any developer approval in writing before ordering
• Check the NSW exempt development standards and ask council if unsure
• Measure driveway depth and side clearance
• Work out where power will come from
• Choose a design that suits the facade and meets the rules

When you are ready, tell us your estate, the driveway width and what the guidelines allow. We connect you with an independent local installer who works in your area and they will look at the site before giving a price. If you live in the Camden area, see automatic gates in Camden; in the north west, see automatic gates in Blacktown.