LOCAL GOVERNMENT ACT 1995

TOWN OF VINCENT

LOCAL LAW RELATING TO VERANDAHS AND

AWNINGS OVER STREETS

IN pursuance of the powers conferred upon it by the above-mentioned Act, and all other powers enabling it, the Local Government of the Town of Vincent hereby records having resolved on the 22nd day of December 1997 to make the following Local Law:-

1. This Local Law may be cited as the Town of Vincent Relating to Verandahs and Awnings Over Streets Local Law.

2. The Local Law Relating to Awnings Over Streets published in the Government Gazette on 6 January 1959 and the Local Law Relating to Verandahs over streets published in the Government Gazette on 15 February 1962 are revoked.

3. In this Local Law, unless the context otherwise requires –

"Act" means the Local Government Act 1995;

"Chief Executive Officer" means the Chief Executive Officer of the Town of Vincent or other Officer who, for the time being, is acting in that capacity;

"Council" means the Council of the Town of Vincent;

"Verandah" means any permanent verandah or roof of which any part extends over a street or projects from the front of any building;

"Awning" means an awning of which any part extends or can be made to extend over any part of a street;

"Blind" means any blind that is attached to or hangs from a verandah or awning;

4. No person shall erect or maintain a verandah or awning without a written licence issued by the Council under this Local Law.

5. Any person desiring to obtain a licence under this Local Law shall submit to the Council, together with two copies of drawings comprising

(a) a plan showing elevation and section views;

(b) specifications showing in detail the proposed construction of the verandah or awning and the manner in which it is proposed to secure it to the building to which it is attached; and

(c) calculations proving the structure details shall be submitted when required by the Chief Executive Officer or designated Officer.

6. The relevant fee shall be paid to the Council for each licence issued under this Local Law and shall be paid on submission of application.

7. (i) No part of any verandah or awning shall be less than 2.4 metres above the footpath and the lowest edge of the fascias thereof shall be not more than 3.15 metres above the footpath.

(ii) No part of any verandah or awning shall project from the building line for more than 3 metres of for more than 600 millimetres less than the width of the footpath, whichever is the lesser.

8. No awning above the first floor level shall project more than 900 millimetres beyond the face of the building to which it is fixed, unless otherwise approved by the Council.

9. (i) Every verandah which projects more than 2 metres from the face of the building to which it is affixed shall incorporate such guttering and downpipes as shall be adequate to prevent water collected by the verandah from falling onto a street. Downpipes shall be chased into walls or piers to a height of 2.4 metres or setback so as not to project beyond the face of the building and shall discharge into a drainage connection under the footway provided by the Council, the cost of which is payable by the person obtaining the licence.

(ii) Every verandah and awning shall be designed as not to allow the retention of any water on the structure.

10. (i) Every verandah and awning over a street shall be of suspended awning or cantilever form unless otherwise permitted by the Council.

(ii) Subject to subclause (i) of this clause, all verandahs and awnings in a street shall be erected of a uniform height and width.

11. The design, colour and materials of the verandah or awning that are to be constructed, are to be, in the opinion of the Council, compatible with the aesthetics and character of the street in which the verandah or awning is to be erected.

12. Any person who contravenes any provisions of these Local Laws commits an offence and is liable upon conviction to a penalty not less than $200 and not exceeding $5,000 and if the offence is of a continuing nature, such person may be liable to a further penalty not exceeding a fine of $500 in respect of each day or part of a day during which the offence has continued.

The Common Seal of

The Town of Vincent

was affixed in the

presence of: