836GOVERNMENT GAZETTE, WA 24 January 2017

836 GOVERNMENT GAZETTE, WA 24 January 2017 unsightly has the meaning given to it in and for the purposes of the Act; and it in— (a) the Local Government Act 1995; (b) the Local Government (Miscellaneous Provisions) Act 1960; (c) Building Act 2011; (d) Planning and Development Act 2005; (e) the Glossary of Building Terms published by Standards Australia; and (f) Australian Standard 4282—Control of the obtrusive effects of outdoor lighting, unless the context requires otherwise. PART 2—FENCES Division 1—Sufficient Fences 2.1 Sufficient fence (1) A person must not erect a dividing fence or a boundary fence on a lot 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 1; (b) on a Commercial lot is a dividing fence or a boundary fence constructed and maintained in accordance with the specifications and requirements of Schedule 2. (3) Where a fence is erected on or near the boundary between 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 1. (4) Unless an Authorised Person determines otherwise, a sufficient fence on a boundary between lots other than those specified in subclauses (2) and (3) is a dividing fence constructed in accordance with the specifications and requirements of Schedule 1. (5) Notwithstanding any other provisions in this local law– (a) a fence constructed of brick or light weight concrete blocks must not exceed 1.8m in height unless the local government has approved such fence by way of a building permit; (b) a fence constructed of stone, limestone or concrete, regardless of height, requires approval by way of a building permit. (6) Notwithstanding any other provisions in this local law, a sufficient fence, other than a fence referred to in subclause (5), must not exceed 2m in height unless the local government has approved such fence by way of a building permit. Division 2—General 2.2 Fences within setback areas A person must not erect or modify a fence within the street setback area of a Residential or Commercial lot without the written consent of the local government. 2.3 Fences in relation to fill (1) A free standing fence constructed of corrugated fibre reinforced pressed cement must not have more than 150mm difference in soil levels on each side. (2) Where land has been filled or retained to a height of more than 500mm above natural ground level at or within 1m of a boundary, a person must only erect a dividing fence that is a sufficient fence on the said fill or retaining wall if the applicant produces to the local government written agreement from all and any adjoining land owners. 2.4 Maintenance of fences (1) An owner and occupier of a lot on which a fence is erected must maintain the fence in good condition so as to prevent it from becoming dangerous, dilapidated, unsightly or prejudicial to the amenity of the locality. (2) Where in the opinion of an Authorised Person, a fence is in a state of disrepair or is dangerous or is otherwise in breach of a provision of this local law, an Authorised Person may give notice in writing to the owner or occupier (as the case requires) of the land on which the fence is erected, requiring the owner or occupier to modify, repair, paint, or maintain the fence within the time and in the manner (3) A notice issued pursuant to subclause (2) may contain a condition requiring that the fence be treated with a non-sacrificial graffiti protection treatment, which protection treatment must be applied in accordance with the manufacturer’s specifications.