Part 6APPROVALS

PART 6—APPROVALS 6.1 Application for approval (1) An owner of a lot may apply to the local government for approval of any discretionary matter contained within this local law. (2) An application for approval under this local law shall— (a) provide all necessary documentation and information required for a decision; (b) provide two copies of a plan and specifications of the proposed; (c) engineering certification of structural or electrical engineering specifications, if required; (d) be signed by the owner of the lot; (e) be forwarded to the CEO together with any set fee; and (f) be in the form determined by the local government from time to time. (3) An authorised person may require an applicant to provide additional information reasonably related to an application before determining an application for approval. (4) An authorised person may refuse to consider an application for approval which is not in accordance with subclauses (2) and (3). 6.2 Decision on application for approval (1) An application submitted to the local government under this local law may be— (a) approved by an authorised person; (b) approved by an authorised person subject to conditions as the authorised person sees fit; or (c) rejected by an authorised person. (2) In determining whether to grant its consent to the construction or installation, an authorised person may consider, in addition to any other matter that it is authorised to consider, whether the construction or retention of the fence would have an adverse impact 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 streetscape or neighbouring properties. (3) An authorised person may by written notice amend a condition imposed under subclause (1)(b) at any time. (4) An amendment under subclause (3) is effective from the date specified in the notice. (5) If an authorised person approves an application for approval, it is to give written notice of the approval and any conditions applied, to the applicant. (6) If an authorised person refuses to approve an application for approval, it is to give written notice of that refusal and the reasons for the decision to the applicant. 6.3 Compliance with approval Where an application for approval has been approved under clause 6.2, the applicant and the owner or occupier of the lot to which the approval relates, shall comply with the terms and any conditions of that approval. 6.4 Cancellation of an approval An authorised person may cancel an approval if— (a) the owner or occupier requests an authorised person to do so; (b) the fence to which the approval applies has been demolished and is not rebuilt for a period of 6 months; (c) the circumstances have changed in such a way that an approval for the fence could no longer be granted under the local law;

2840 GOVERNMENT GAZETTE, WA 6 August 2018 (d) the owner or occupier fails to comply with a condition of the permit or breaches a provision of this local law in respect of the fence; or (e) the owner or occupier fails to comply with a notice of breach issued under clause 8.1. 6.5 Duration of approval (1) Unless otherwise stated in the form of approval, an approval granted under this local law transfers with the lot to which it relates and is deemed to transfer to each successive owner or occupier of the lot to which the approval applies. (2) Where an approval is transferred under subclause (1), the successive owner or occupier may apply to an authorised person for written confirmation of this transfer. (3) For the avoidance of doubt, approval granted under this local law may be relied upon by any subsequent owner or occupier of the lot, and may be enforced against them by the local government.