2094

2094 GOVERNMENT GAZETTE, WA 12 April 2017 (d) a fence which is likely to collapse or fall, or part of which is likely to collapse or fall, from any cause; district planning scheme means a local planning scheme of the local government made under the Planning and Development Act 2005; dividing fence has the meaning given to it by the Act; electrified fence means a fence carrying or designed to carry an electric charge; fence means any structure, not including a retaining wall, used or functioning as a barrier, irrespective of where it is located and includes any gate; frontage means the boundary line between a lot and the thoroughfare which that lot adjoins; front boundary means the boundary line between a lot and the thoroughfare upon which that lot abuts, or in the case of a lot abutting on more than one thoroughfare, the boundary line between the lot and the primary thoroughfare; front setback area means the area between the building line of a lot and the front boundary of that lot; height in relation to a fence means the vertical distance between— (a) the top of the fence at any point; and (b) the ground level or, where the ground levels on each side of the fence are not the same, the higher ground level, immediately below that point; hours of business operations means the hours of the day during which business is usually conducted; industrial lot means a lot where an industrial use— licence means an electrified fence licence or a razor wire fence licence; (c) which is an otherwise unvested facility under section 3.53 of the Local Government Act 1995; lot has the meaning given to it in the Planning and Development Act 2005; notice of breach means a notice referred to in clause 5.1; occupier has the meaning given to it in the Local Government Act 1995; open construction means a visually permeable fence comprising of— (a) continuous gaps at least 50 millimetres wide which in aggregate occupy at least one third of the length of the fence; or (b) continuous gaps less than 50 millimetres wide which in aggregate occupy at least half of the length of the fence; provided that the gaps are evenly distributed along the length of the fence. owner has the meaning given to it in the Local Government Act 1995; public access way means a portion of public land used as a means of pedestrian access between thoroughfares or other public places and for providing a corridor for public utility services; public place means any place to which the public has access whether or not that place is on private property; razor wire means a coiled strong wire with pieces of sharp cutting edges set across it at close intervals; residential lot means a lot where a residential use— retaining wall means any structure which prevents the movement of soil or retains soil or structures in order to allow ground levels of different elevations to exist adjacent to one another; rural lot means a lot where a rural use— Schedule means a Schedule to this local law; special residential lot means a lot where a special residential use—

12 April 2017 GOVERNMENT GAZETTE, WA 2095 special rural lot means a lot where a special rural use— sufficient fence means a fence described in clause 2.1; and thoroughfare has the meaning given to it by the Local Government Act 1995, but does not include a private thoroughfare which is not under the management or control of the local 1.6 Relationship with other laws (1) Anything allowed under any Act, Regulation or district planning scheme, is not affected by any prohibition, requirement or restriction under this local law. (2) In the event of any inconsistency with any Act, Regulation or district planning scheme, the provisions of those Acts, Regulations or district planning scheme are to prevail. 1.7 Approval fees and charges All approval fees and charges applicable under this local law shall be determined by the local government from time to time in accordance with section 6.16 and 6.19 of the Local Government Act 1995. PART 2—SUFFICIENT FENCES Division 1—Sufficient fences 2.1 Sufficient fences (1) A person shall not erect a dividing fence or a boundary fence that is not a sufficient fence. (2) Subject to subclauses (3) and (4), a sufficient fence— (a) on a residential lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 2; (b) on a commercial lot or an industrial lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 3; and (c) on a rural lot or a special rural lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 4; and (d) on a special residential lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 5. (3) Where a fence is erected on or near the boundary between— (a) a residential lot and an industrial lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 2; (b) a residential lot and a commercial lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 3; (c) a residential lot and a rural lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 4; (d) a residential lot and a special rural lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 4; and (e) a special rural lot; rural lot and special residential lot, a sufficient fence is a dividing fence constructed and maintained in accordance with the specifications and requirements of Schedule 4. (4) An application must be made to the local government for grant of consent to any variation to the specifications in Schedules 2, 3, 4 and 5. (5) Unless an authorised officer determines otherwise, a sufficient fence on a boundary between lots other than those specified in subclause (3) is a dividing fence constructed in accordance with the specifications and requirements of Schedule 2. (6) Notwithstanding any other provision in this local law, a dividing fence or boundary fence constructed of masonry, stone or concrete shall be a sufficient fence only if it is designed by a suitably qualified structural engineer and constructed in accordance with that design where— (a) it is greater than 1 800 millimetres in height; or (b) the Building Surveyor requires. (7) Notwithstanding any other provision in this local law, a dividing fence or boundary fence shall not exceed 1 800 millimetres in height unless the approval of the local government has been obtained for such a fence. Division 2—General 2.2 Fences within front setback areas (1) A person shall not, without the written consent of the Building Surveyor, erect a free-standing fence greater than 1 200 millimetres in height, within the front setback area of a residential lot within the district. (2) The Building Surveyor may approve the erection of a fence of a height greater than 1 200 millimetres in the front setback area of a residential lot only if the fence on each side of the driveway into the lot across the front boundary is to be angled into the lot for a distance of not less than 1 500