The owner of a controversial 200-metre Colorbond steel fence in Cockburn is taking his fight to the State Administrative Tribunal after the local council refused to grant retrospective approval for the structure. The dispute has already exposed the City of Cockburn to a potential $30,000 legal bill.
Council Rejects Retrospective Approval
City of Cockburn councillors voted against Sean Naidoo's application for retrospective approval of the metal fence, citing that it did not meet expectations for rural fencing. The property, located on Lorimer Road, is zoned rural, where infrastructure must maintain an "open and informal character" to allow native wildlife to pass through.
Mr Naidoo, who spent more than $100,000 on the fence, is now seeking a full hearing before the State Administrative Tribunal to determine the fence's fate. The hearing is expected to cost the council approximately $30,000 in legal fees.
Owner's Perspective
Mr Naidoo expressed disappointment with the council's decision, stating he had worked closely with city planning officers and participated in mediation to reach a fair outcome. He claimed that during construction, a planning officer advised him to make specific changes, including reducing the fence's height, which he understood would make it acceptable.
"I followed their advice. At no point during that process was I informed that the fence was in the city's view non-compliant. It was only after the fence had been finished, and I had spent in excess of $100,000, that I was advised by the city that retrospective approval was required," Mr Naidoo said.
He built the fence after encountering snakes on the property and worrying about his young grandchild's safety, as well as ensuring family pets did not wander onto the road.
Alternative Proposals and Evidence
Mr Naidoo noted that he worked with the city and the SAT to develop four alternative fencing options as a compromise. These included modifications such as permeable upper fencing along portions of the frontage and adjustments to driveway truncation areas.
He also highlighted that a State-owned cyclone fence with close mesh spacing already exists about 23 metres from his boundary, which he argues prevents wildlife from traversing from the Thomsons Lake Nature Reserve through his property anyway. This evidence, he said, was contained in the independent planning report.
Furthermore, Mr Naidoo identified more than 70 other properties in the area with similar fencing that had been accepted by the council. He believes the matter deserves a "proper and considered determination" by an independent tribunal.
"It is now appropriate for the matter to be determined by an independent tribunal," he said.
