Fencing fallout in Fremantle

by Marcel Teschendorff, 15 April 2011

A Fremantle homeowner is contemplating legal action against the Department of Housing as extended negotiations involving a collapsed fence come to a standoff.

Talks between homeowner Kevin Carter and the Department of Housing (DOH) came to a halt when both parties failed to agree over who is responsible for the costs of rebuilding the collapsed fence and retaining wall that forms the boundary between the properties.

The front section of the fence collapsed in August 2009 when an unknown driver crashed into the wall following an altercation with a tenant living at the DOH property, leading to the eventual collapse of additional parts of the fence and retaining wall.

An engineering group was hired by the DOH to conduct a survey of the fence and retaining wall in order to identify who was responsible for the cost of repairing damage.

“It is considered that the addition of the brick retaining wall above the original limestone retaining wall has caused a surcharge loading and slowly caused the existing retaining wall to move away from the vertical point,” said the engineer from Structerre Engineering Group.

“Given the current state of this retaining wall it is suggested that it has come to the end of its economic and serviceable life and warrants demolition.”  

The report states that the “addition of the brick wall,” by the DOH caused the failure in the retaining wall, although the DOH does not see the situation this way.

“The Department has now reviewed its position regarding repair of the boundary fence,” wrote Beryl Matheson to Mr Carter.

“The Department is not responsible for repair or replacement of the retaining wall,” continued Ms Matheson.

The Executive Director of the DOH Trevor Gregory stated in a letter to Mr Carter that because the limestone wall upon which both the dividing fence and retaining wall are built was already there when the DOH purchased the property, they are not responsible.

"The apartments at 32 Bellevue Tce, Fremantle were constructed in 1968 and purchased by the Department in 1988.

“The Department does not accept responsibility for the cost of remedial work to the retaining wall,” wrote Mr Gregory.

Mr Carter purchased his property in 2008,however, the house and original surrounding walls were built in 1910, before Mr Carter took ownership.

Mr Gregory also stated in the letter to Mr Carter that while the retaining wall was built to support the surface of the land on DOH property, because it was constructed on Mr Carter’s property it is his responsibility.

“The retaining wall and the fence built on top of the wall were constructed within the boundaries of your property,” he wrote.

However, while Mr Gregory stated the retaining wall was constructed within Mr Carter’s property, he failed to acknowledge that the retaining wall covered at least 125mm of the DOH property compared to only 75mm of Mr Carter’s.

Residents of Bellevue Tce recently initiated a petition requesting the Minister for Housing to resolve the matter as soon as possible.