Part 2SUFFICIENT FENCES

PART 2—SUFFICIENT FENCES 2.1 Sufficient fences—requirement A person shall not construct a dividing fence or a boundary fence that is not a sufficient fence. 2.2 Sufficient fences—generally Subject to clause 2.3 a sufficient fence— (a) on a residential lot or townsite lot is a dividing fence or a boundary fence constructed in accordance with Schedule 1; (b) on a commercial lot, industrial lot or special use lot is a dividing fence or a boundary fence constructed in accordance with Schedule 2; and (c) on a rural lot or rural residential lot is a dividing fence or a boundary fence constructed in accordance with Schedule 3. 2.3 Sufficient fences—between lots having different requirements Where a fence is constructed on or near the boundary between— (a) a residential lot or townsite lot and a lot zoned for any other purpose, a sufficient fence is a fence constructed in accordance with Schedule 1; and (b) a commercial lot or industrial lot and a rural lot or rural residential lot, a sufficient fence is a fence constructed in accordance with Schedule 3.

6 August 2018 GOVERNMENT GAZETTE, WA 2837 2.4 General discretion of the local government (1) Notwithstanding the provisions of clause 2.1, an authorised person may give written consent for the construction or repair of a fence which is not a sufficient fence where all of the owners of the lots adjoin the 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 construction or repair 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; (c) the visual amenity of the locality; and (d) any other matter considered relevant. 2.5 Transitional provision A dividing fence or fence lawfully constructed prior to this local law coming into operation constitutes a sufficient fence.