(1) Despite regulation 90(1), a fence exceeding a height of 1 m above the footpath must be set back from the point of intersection of street alignments by at least 9 m.
(2) The report and consent of the relevant council must be obtained to an application for a building permit in relation to a design that does not comply with this regulation.
(3) In this regulation "street" does not include lane, footway, alley or right of way.