Mr Fazackerley said developer Devwest was allowing Little Wing Corner Gallery to use the building, at 263 Hay Street rent-free while it waited for development approval.
‘Subiaco Council initially gave us temporary approval for a few months, which we thought would be plenty,’ he said.
‘But the development kept getting knocked back so we had more time and then because we hadn’t filled out these forms (to verify its transition from a florist to a gallery), the City threatened us with the fine.
‘As a not-for-profit outfit, it’s frustrating there is so much bureaucracy we have to face. The hoops you have to jump through makes it very difficult for a project like ours to get off the ground.’
Subiaco chief executive Stephen Tindale said the City had not fined the proprietors of Little Wing Corner Gallery.
‘The relevant legislation, however, does provide for financial penalties if the required approvals are not obtained,’ Mr Tindale said.
‘The City has been working with the gallery owners to assist them in getting the approvals in place as there are concerns over public safety regarding the current use of the building without approval.’
Devwest founder and director Tony Hatt said it was strange the City would commission Mr Fazackerley, Mr Miller and local artist Jackson Harvey to create a public art series while at the same time threatening the fine.