Boundary fence required as condition of WAPC subdivision?

Is it common for construction of a boundary fence to be required as a condition of subdivision for a retain and build in Perth?

I’m just mapping out the timeline for my development to work out when the existing tenants (who currently have a lease over the entire property) will cease to have use of the rear yard. What I am trying to work out is whether the trigger for constructing the fence will be the beginning of site clearing/construction or whether I will have to do this sooner to get clearances (which I need to get titles for finance).

 

FYI the site is pretty flat so I’m not expecting any retaining/siteworks etc to be required as a condition of subdivision. Yes the tenants will have to deal with some minor works in the yard for services for clearances but they will be made aware of this before negotiating the next lease.

 

If it's a condition of subdivision you will need to do it in order to obtain clearance. Do you have a DA for the new rear lot? If so, I've been able to get WAPC to agree to defer the need for a fence or crossover to the physical construction of the new dwelling, but only where you can show them there's a DA. Or better still, ask to see the draft conditions before the subdivision approval is issued and have the condition struck out as it's really linked with the construction of the new dwelling, not the subdivision if there's no site works etc.

 

The two lots must be fenced apart and the perimeter of the new lot will need fencing (at least temp fencing) as this is a safety issue affecting the tenants. If any works are required on their land then the boundary may need to extend inside their lot and may impact the lease terms beyond the boundary of the two lots. You cant use their land and expect to charge then rent esp since you can expect this will impact them. They may terminate their lease too.

I would consider the fence cant be installed until the later of when the lease terms are modified AND the DA permits commencement. You cant commence works if the lease doesnt permit you to use THEIR land. They have a right to use all of the land that needs to be addressed.

 

It is a common condition for WAPC for new boundary fences to be in. No fence, no clearance, no title, no finance

Somethings we've been able to "bond" to council like road widening to be done as part of the new construction but not fencing so far except in one case where it was fence between 2 side by side lots and we negotiated with council that there would be construction on boundary and it would greatly impede construction to have the fence it. That place had DA like mentioned above so they were able to see it and sign off on the clearance.

 

Thanks for the thoughts guys.

No DA yet (once I’m at that stage it won’t be long till construction commences, so the fence-timing question will be somewhat redundant).

Sounds like it is probably going to be required for clearances. Though I guess if it is only temporary fencing I can just remove it after titles (no point the tenants not having use of the yard if it is just sitting there). Though that starts to get a bit messy in terms of explaining things to the tenants.

The tenants’ lease is being renegotiated at present, hence my trying to work our timelines, so I can let the tenants know and negotiate the appropriate rental price.