4198GOVERNMENT GAZETTE, WA 1 August 2017

4198 GOVERNMENT GAZETTE, WA 1 August 2017 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 millimetres along the frontage to a distance of not less than 1 500 millimetres from the frontage in order to provide appropriate splayed lines of vision for a motorist using the driveway for access to a thoroughfare. (3) The provision of subclause (2) shall not apply to a fence— (a) of open construction that does not obscure the lines of vision of a motorist using the driveway for access to a thoroughfare; or (b) that does not adjoin a footpath. 2.3 Gates in fences A person shall not erect a gate in a fence which does not— (a) open into the lot, if the gate is providing access to a thoroughfare; or (b) open by sliding parallel and on the inside of the fence, which it forms part of, when closed. 2.4 Depositing fencing material on public place A person shall not deposit or permit the deposit of any materials whatsoever used in the construction or maintenance of any fence, on any thoroughfare, public place or local government property without the approval of the local government. 2.5 Fences on a rural lot A person shall not, without the written consent of the Building Surveyor, erect a fence on a rural lot of a height exceeding 1 500 millimetres. 2.6 Maintenance of fences An owner of a lot on which a fence is erected shall maintain the fence in good condition so as to prevent it from becoming dangerous, dilapidated, or unsightly to the amenity of the locality. 2.7 Fences across rights-of-way, public access ways or thoroughfares A person must not, without the approval of the local government, erect or maintain a fence or obstruction of a temporary or permanent nature across any right-of-way, public access way or thoroughfare so as to impede or prevent use of those facilities in the manner for which they are intended and constructed. 2.8 General discretion of the local government (1) Notwithstanding the provisions of clause 2.1, the local government may approve the erection or repair of a dividing fence which is not a sufficient fence where all of the owners of the lots to be separated by the dividing fence make an application for approval for that purpose. (2) In determining whether to grant its approval under subclause (1), the local government may consider whether the erection or retention of the fence would have an adverse effect on— (a) the safe or convenient use of any land; (b) the safety or convenience of any person; or (c) the visual amenity of the locality. Division 3—Fencing materials Where required by the Building Surveyor, fencing designs are to be certified by a suitably qualified structural engineer as being suitable for wind loadings found in Region D Category 2 areas in accordance with the current edition of AS/NZS 1170:2011 as amended from time to time. 2.9 Pre-used fencing materials (1) Notwithstanding clause 2.1, a person shall not construct a fence on a residential lot, a commercial lot or an industrial lot from pre-used materials without the approval of the local government. (2) Where the local government approves the use of pre-used materials in the construction of a fence under subclause (1), that approval shall be conditional on the applicant painting or treating the pre- used material as directed by the Building Surveyor. 2.10 Barbed wire fences and spiked or jagged materials (1) This clause does not apply to a fence constructed wholly or partly of razor wire. (2) An owner or occupier of a residential lot or a commercial lot shall not erect, affix or allow to remain on any fence on such a lot any barbed wire or other material with spiked or jagged projections, unless the prior written approval of the local government has been obtained. (3) An owner or occupier of an industrial lot shall not erect, affix or allow to remain on any fence bounding that lot any barbed wire or other materials with spiked or jagged projections unless the wire or other materials are carried on posts at an angle of 45 degrees, and unless the bottom row of wire or