{"id":"town-planning-height-of-obstructions-at-corners-general-bylaws-1975","name":"Town Planning (Height of Obstructions at Corners) General By-laws 1975","slug":"town-planning-height-of-obstructions-at-corners-general-by-laws-1975","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182258,"registerId":"wa-town-planning-height-of-obstructions-at-corners-general-bylaws-1975-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Town Planning (Height of Obstructions at Corners) General By-laws 1975","content":"![Crest]()Western Australia\n\nPlanning and Development Act 2005 3\n\nTown Planning (Height of Obstructions at Corners) General By-laws 1975\n\nWestern Australia\n\nTown Planning (Height of Obstructions at Corners) General By-laws 1975\n\nContents\n\n1. Citation 1\n\n1A. Erection of obstructions near street corners 1\n\n2. Removal of obstructions 2\n\n3. Penalty for breach of by‑laws 2\n\n4. Application 2\n\nNotes\n\nCompilation table 3\n\n  \n\nWestern Australia\n\nPlanning and Development Act 2005 3\n\nTown Planning (Height of Obstructions at Corners) General By‑laws 1975\n\n##### 1. Citation\n\nThese by‑laws may be cited as the *Town Planning (Height of Obstructions at Corners) General By‑laws 1975* 1.\n\n[By‑law 1 inserted: Gazette 5 Aug 1983 p. 2850.]\n\n##### 1A. Erection of obstructions near street corners\n\n(1) Subject to these by‑laws, a person shall not have, erect or permit to be erected on land owned by him and referred to in sub‑bylaw (2) a wall, fence, hedge, tree, shrub or other obstruction of a greater height than 0.75 metres measured from the level of the footpath, street, road or right‑of‑way adjoining the obstruction.\n\n(2) Sub‑bylaw (1) —\n\n(a) shall apply within an area enclosed by the edges of intersecting streets, roads or rights‑of‑way and a line joining points located at a distance of 6 metres from the point of intersection along the edge of each intersecting street, road or right‑of‑way or from the point of intersection of a prolongation of the said boundaries;\n\n(b) shall not apply to land adjoining intersections or junctions having a standard truncation of 8.5 metres or more.\n\n(3) The local authority may, where it is satisfied that special circumstances warrant it so doing, authorise an owner of land to have, erect or permit to be erected a wall, fence, hedge, tree, shrub or other obstruction that would but for that authorisation be contrary to sub‑bylaw (1).\n\n[By‑law 1A inserted: Gazette 5 Aug 1983 p. 2850‑1.]\n\n##### 2. Removal of obstructions\n\nWhere any such obstruction is found upon any land in contravention of by‑law 1A, the Town or Shire Clerk of the local authority concerned, may serve upon the owner of the land notice in writing requiring him within 30 days from the receipt of the notice to alter or amend such obstruction so as to bring the same into conformity with the said by‑law, and upon receipt of such notice the owner of the land shall within the time aforesaid duly comply with the requisitions thereof.\n\n[By‑law 2 amended: Gazette 5 Aug 1983 p. 2851.]\n\n##### 3. Penalty for breach of by‑laws\n\nAny person found guilty of a breach of these by‑laws shall be liable to a penalty not exceeding $200 for each such breach, and, where the breach is of a continuing nature, to an additional daily penalty not exceeding $40.\n\n[By‑law 3 amended: Gazette 5 Aug 1983 p. 2851.]\n\n##### 4. Application\n\nThese by‑laws shall have the force of law in the district of every local authority in the State of Western Australia.\n\n[**5.** Omitted under the Reprints Act 1984 s. 7(4)(f).]\n\nNotes\n\n1 This is a compilation of the *Town Planning (Height of Obstructions at Corners) General By-laws 1975* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *By-laws for Limiting the Height of Obstructions at Corners of Streets, Roads or Rights-of-way* 2 | 14 Mar 1975 p. 896 | 14 Mar 1975 |\n| *Town Planning (Height of Obstructions at Corners) General Amendment By‑laws 1983* | 5 Aug 1983 p. 2850‑1 | 5 Aug 1983 |\n| **Reprint 1: The *Town Planning (Height of Obstructions at Corners) General By‑laws 1975* as at 16 Apr 2004** (includes amendments listed above) | | |\n\n\n2 Now known as the *Town Planning (Height of Obstructions at Corners) General By-laws 1975*; citation changed (see note under bl. 1).\n\n3 Formerly made under s. 31 of the *Town Planning and Development Act 1928*, continued under s. 262 of the *Planning and Development Act 2005*.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose from 1975: regulating visual obstructions at street corners for road safety. The 1983 amendments refined the spatial boundaries and added the special circumstances exemption, but did not expand the scope beyond corner visibility management. The by-laws have not grown to address broader planning or development issues."},"complexity_factors":["Only 4 substantive by-laws (plus citation provision)","Single defined measurement (0.75m height limit)","Single spatial boundary (6m from intersection)","Two clear exceptions: wide truncations (8.5m+) and council discretion","No cross-references to other legislation within the operative provisions","Simple penalty structure with fixed maximum amounts","Straightforward enforcement mechanism (30-day notice)","Legislation has remained substantively unchanged since 1983 amendments"],"plain_english_summary":"**What this legislation does:**\n\nThese by-laws set height limits for walls, fences, hedges, trees and other obstructions near street corners in Western Australia. The basic rule is simple: you can't build or maintain anything taller than **75 centimetres** (about knee-to-waist height) within a specific zone near intersections.\n\n**Where it applies:**\n\nThe restriction covers a triangular or wedge-shaped area at street corners — specifically, within **6 metres** from the intersection point along each street edge. Think of it as a visibility zone so drivers and pedestrians can see oncoming traffic.\n\n**Key exceptions:**\n\n*   **Wide truncations:** If the street corner has been cut back (truncated) by **8.5 metres or more**, the rule doesn't apply — presumably because visibility is already good.\n*   **Special permission:** Your local council can grant written approval for taller obstructions if there are \"special circumstances\" (for example, safety barriers or noise walls).\n\n**What happens if you break the rule:**\n\n*   The local council can issue a written notice giving you **30 days** to cut down, remove or lower the obstruction.\n*   If you ignore this, you face fines up to **$200** per breach, plus up to **$40 per day** if the problem continues.\n\n**Who it affects:**\n\n*   Property owners with land near street corners across all of Western Australia.\n*   Local councils (who enforce the rules and can grant exemptions).\n\n**Why it matters:**\n\nThese rules protect road safety by ensuring clear sightlines at intersections. A tall hedge or fence could hide a pedestrian or oncoming vehicle, causing accidents. The by-laws balance this safety need against property rights by allowing exemptions where appropriate."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The by‑laws were amended in 1983 (Gazette 5 Aug 1983) by inserting by‑law 1A, which sets a precise 0.75 m height limit, defines the corner visibility area with 6‑metre offsets, creates an 8.5 m truncation exception and grants local authorities explicit discretion to authorise exceptions. Penalty and enforcement provisions were also updated. Those insertions narrowed and made more detailed the original 1975 instrument’s operational scope."},"complexity_factors":["Numeric height threshold (0.75 metres) requiring measurement from footpath/street level (by‑law 1A(1))","Geometric definition of the restricted area via 6‑metre offsets from intersection points (by‑law 1A(2)(a))","Specific exception where an 8.5 metre or larger standard truncation exists (by‑law 1A(2)(b))","Local authority discretion to grant exemptions in 'special circumstances' (by‑law 1A(3))","Enforcement procedure requiring written 30‑day compliance notices from Town or Shire Clerk (by‑law 2)","Penalties capped at fixed amounts with a daily continuing penalty (by‑law 3)","Statewide application to all local authority districts (by‑law 4)","Amendment and compilation history (1983 insertion of by‑law 1A and later reprint) that affects current scope"],"plain_english_summary":"This by‑law forbids landowners at street intersections from having walls, fences, hedges, trees or other obstructions higher than 0.75 metres within the triangular corner area created by 6‑metre offsets along intersecting street edges; it does not apply where a standard truncation of 8.5 metres or more exists. Local authorities can authorise exceptions, serve a 30‑day notice to alter non‑conforming obstructions, and impose fines (up to $200 and up to $40 daily). It affects property owners adjoining intersections and sets enforceable visibility rules."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text is not available. Based solely on the title, there is no evidence of scope change from the original intent — the by-laws appear to have always addressed the narrow topic of obstruction heights at street corners."},"complexity_factors":["Legislation text is entirely unavailable — no substantive content can be assessed","By-laws of this type are typically narrow and technical in scope, suggesting low inherent complexity","1975 vintage legislation may have been repealed, superseded, or consolidated into other instruments, adding uncertainty","Interaction with broader town planning legislation (the enabling Act) cannot be assessed without the text"],"plain_english_summary":"This 1975 Western Australian by-law set limits on the height of fences, hedges, walls and other obstructions at street corners to preserve drivers’ and pedestrians’ sightlines at intersections. It would have affected property owners, builders, developers and local councils. The original text is currently unavailable from the WA legislation site; contact the Parliamentary Counsel’s Office or search Legislation WA for retrieval."}},"importantCases":[],"_links":{"self":"/api/acts/town-planning-height-of-obstructions-at-corners-general-by-laws-1975","history":"/api/acts/town-planning-height-of-obstructions-at-corners-general-by-laws-1975/history","analysis":"/api/acts/town-planning-height-of-obstructions-at-corners-general-by-laws-1975/analysis","conflicts":"/api/acts/town-planning-height-of-obstructions-at-corners-general-by-laws-1975/conflicts","importantCases":"/api/acts/town-planning-height-of-obstructions-at-corners-general-by-laws-1975/important-cases","documents":"/api/acts/town-planning-height-of-obstructions-at-corners-general-by-laws-1975/documents"}}