3824GOVERNMENT GAZETTE, WA 29 October 2019

3824 GOVERNMENT GAZETTE, WA 29 October 2019 (5) Notwithstanding any other provisions in this local law, a fence constructed of stone or concrete shall be a sufficient fence only if it is designed by a structural engineer where— (a) it is greater than 1800mm in height; or (b) the local government so requires. PART 3—GENERAL 3.1 Fences within front setback areas (1) A person shall not, without the written consent of the local government, erect a free-standing fence greater than 1200mm in height, within the front set-back area of a residential lot within the district. (2) The local government may approve the erection of a fence of a height greater than 1200mm 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 instance of not less than 1500mm along the frontage to a distance of not less than 1500mm 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. (4) Secondary street fences shall be visibly permeable above 1200mm from natural ground level for 50% of the length of the street boundary, right of way or access leg and shall allow surveillance from an outdoor living area and/or major opening such as a window to a habitable room. 3.2 Maximum height of fences A person shall not erect a fence that is greater in height than— (a) 1800mm on a residential or rural lot, or (b) 2400mm on a commercial or industrial lot. 3.3 Fences on a rural lot A person shall not without the written consent of the local government, erect a fence on a rural lot, within 7.5m of a thoroughfare of a height exceeding 1500mm. 3.4 Maintenance of fences (1) An owner or occupier of a lot on which a fence is erected shall maintain the fence in good condition and 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 specified in the notice. (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. 3.5 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. 3.6 Gates in fences A person shall not erect a fence which does not— (a) open into a 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. 3.7 Fences across rights-of-way, public access ways or thoroughfares A person shall not, without the approval of the local government, erect or maintain a fence or obstruction of a temporary or permanent nature across any rights-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. 3.8 General discretion of the local government (1) Notwithstanding clauses 2.1 and 3.2, the local government may consent to the erection or repair of a fence which does not comply with the requirements of this local law.