Ewen Vs Council
FIGHT FOR THE RIGHT TO FEEL SAFE IN YOUR OWN HOME
The Ewen family are petitioning against the Fremantle councils stand against the wall constructed due to the wall specifications not meeting the council policy.
The $14,000 wall was built to protect this family of 6 which includes a Fly in Fly out safety Advisor, his wife and their 4 children from heavy traffic and hoons.
The council has already fined the family $500 fine for erecting the unauthorised wall in front of their Winterfold Rd home which they bought last year.
The original wall was 1.5m but the family built a new wall to 1.8m as it was badly damaged and the new height would ensure the children stayed in the yard and away from the busy main road and stop strangers entering the property.
Local by-laws state walls higher than 1.2m require piers or columns to see through, and under the Hilton garden suburb precinct heritage area planning policy, walls must be "visibly permeable".
The builders told the family that it should be ok as they were rebuilding an existing structure, but the family paid the fees to apply for the wall permit but it was declined anyway even though both neighbours approved of the construction.
Appealing the council’s decision has cost the young family of 6 $300 and they face more costs if they lose in court, as well as orders to tear down the wall.
Council CEO Graeme Mackenzie points out in his August 3 letter that failure to comply with a direction notice attracts fines of up to $200,000 and a further $25,000 for each day the offence continues.
The family told the council it was built to protect the children but they didn't care.
A speeding car rolled over just a few weeks back metres from the front of the house, pub brawling in front of the house on weekends are regular events and the family have had people try and kick the door in while Mrs Ewen and the children were home at night watching movies. Police have been called over 6 times in the year due to public disturbances and danger in front of the property.
The family love living in the Fremantle with all thier children going to local schools and childcare. They bought in the area after renting for many years with no issue as their oldest daughter was accepted into a gifted and talented program in a local Fremantle school so they decided to make Fremantle their home. The family was not advised of any public disturbance issues when purchasing the home.
Please help fight this injustice; everyone has a right to feel safe in their house. The wall is not an eye sore; it is one of the best looking ones on the street. No one will lose if the wall stays constructed. There are many houses in the suburb and on the street that do not meet the council’s law but no action has been taken on them.
Please share this petition and the Facebook page and stop this bureaucratic nonsense.