Five-year-old neighbourly dispute about a gate slammed shut by the Waroona Shire Council

A neighbourly dispute about a gate which has stretched on for more than five years has finally been slammed shut by the Waroona Shire Council. Despite the decision, Waroona resident Kingsley Dixon has vowed to continue the fight after the council ruled in favour of his neighbour maintaining a gate across a public thoroughfare. Mr Dixon, who is owner of Cypress Farm and Gardens, made the pledge in the latest chapter in the gate case that has been taken to the State Administrative Tribunal and Waroona council on multiple occasions. Mr Dixon pitched the case to two WA legal heavyweights — former WA Governor Malcolm McCusker and principal of Glen McLeod Legal Glen McLeod — and said the case was “the most extraordinary decision by council.” At an ordinary meeting in December 2020, Mr Dixon objected to having gates on the thoroughfare near his Nanga Brook Road property due to the affect it would have on people accessing his garden tour business. At the time the council ruled in favour of Mr Dixon as his neighbour Stephen Shelton did not meet the council regulations designed to prevent the straying of livestock. Mr Shelton then took the issue to the State Administrative Tribunal on August 2 where he said at the time the gates were within 20m of his home and when left open affected the security and safety of his family. The SAT said council could have any reason to put gates on roads and told Mr Shelton he could maintain the gates even if he did not have livestock. Mr Dixon said the decision was the first instance of this interpretation. “That is a new interpretation (of the Act), if they had livestock, we would be perfectly comfortable,” he said. In a council meeting on August 24, the Shire ruled in favour of the gates to remaining closed in accordance with Mr Shelton’s deputation. Council documents stated Mr Shelton’s application to maintain two gates across the road reserve contained merit. “It formalises an arrangement that has been in place for years,” documents said. Mr Dixon told the Harvey-Waroona Reporter the fight is not over yet. “We are pretty angry, because it is non nonsensical that they have allowed the gates to continue despite their ruling in December,” he said. “The ruling by council opens the floodgates for anyone in the Shire of Waroona to begin putting gates on public roads for no specific reason than to prevent public access. “This seems and extraordinary situation and contrary to any other approval for gates ever issued by the Shire of Waroona.” “Why should we be denied the free and open access to our property that is afforded to the person who put the gates on the road?” he said.