1662GOVERNMENT GAZETTE, WA 16 June 2020

1662 GOVERNMENT GAZETTE, WA 16 June 2020 fence means any structure used or functioning as a barrier, irrespective of where it is located and includes any affixed gate or screening 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 the top of the fence at any point and— (a) the ground level; or (b) where the ground levels on each side of the fence are not the same, the higher ground level, immediately below that point; or (c) where the fence is constructed on a retaining wall approved by the local government, from the top of the retaining wall; industrial lot means a lot zoned as industrial under the local planning scheme; local planning scheme means a local planning scheme and includes any structure plan adopted or approved by the local government made under the Planning and Development Act 2005; lot has the meaning given to it in and for the purposes of the Planning and Development Act 2005; notice of breach means a notice referred to in clause 8.1; occupier has the meaning given to it in section 1.4 of the Local Government Act 1995; owner has the meaning given to it in section 5 of the Dividing Fences Act 1961; repair has the meaning given to it under section 5 of the Dividing Fences Act 1961; residential lot means a lot zoned as residential under the local planning scheme; retaining wall means any structure prevents the movement of soil in order to allow ground levels of different elevations to exist adjacent to one another; rural lot means a lot zoned as rural under the local planning scheme; rural residential lot means a lot zoned as rural residential under the local planning scheme; Schedule means a Schedule to this local law; screening means any perforated panels or trellises composed of solid or obscured translucent panels; set fee means a fee determined by the local government in accordance with sections 6.16 to 6.19 of the Local Government Act 1995; special use lot means a lot zoned as special use under the local planning scheme; sufficient fence means a fence described in clause 2.2 or 2.3 and includes a fence of the description and quality agreed upon by the owners of adjoining lots which does not fail to satisfy clause 2.2 or 2.3; thoroughfare has the meaning given to it in section 1.4 of the Local Government Act 1995; and townsite lot means a lot zoned as townsite under the local planning scheme. 1.6 Requirements of local planning scheme In the event of any inconsistency between the provisions of a local planning scheme and the provisions of this local law, the provisions of the local planning scheme are to prevail. 1.7 Requirements of Building Act 2011 Nothing in this local law affects a provision in any written law in respect of a building permit for a fence. 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.