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MINUTES OF THE ORDINARY MEETING OF COUNCIL<br />

18 SEPTEMBER 2012<br />

Quasi-Judicial<br />

Information<br />

Purposes<br />

when Council determines an application/matter that directly affects a<br />

person’s right and interests. The judicial character arises from the<br />

obligation to abide by the principles <strong>of</strong> natural justice. Examples <strong>of</strong><br />

Quasi-Judicial authority include town planning applications, building<br />

licences, applications for other permits/licences (eg under Health<br />

Act, Dog Act or Local Laws) and other decisions that may be<br />

appealable to the State Administrative Tribunal.<br />

includes items provided to Council for information purposes only,<br />

that do not require a decision <strong>of</strong> Council (i.e. - for 'noting').<br />

Council Resolution<br />

0912/026<br />

Moved Councillor Italiano, seconded Councillor Tyzack<br />

1. That pursuant to the Orders made by the State Administrative Tribunal in<br />

accordance with Section 31 <strong>of</strong> the State Administrative Tribunal Act 2004 (WA),<br />

the Council RECONSIDERS its decision <strong>of</strong> 12 June 2012; and That pursuant to<br />

Clause 8.3.1 <strong>of</strong> Local Planning Scheme No.3, the application for Additions to<br />

Mirrabooka Shopping Centre - Shop (Dan Murphy’s Liquor Store) at Lot 500,<br />

House Number 43, Yirrigan Drive, Mirrabooka (Amendment to DA11/1982) be<br />

APPROVED subject to the following conditions:-<br />

a. The proposed awning structure to be extended west along the southern<br />

facing façade as indicated in red on the approved plan;<br />

b. Vehicular parking, manoeuvring and circulation areas indicated on the<br />

approved plan being sealed and drained to the satisfaction <strong>of</strong> the <strong>City</strong> the<br />

parking spaces being marked out and maintained in good repair;<br />

c. All <strong>of</strong>f street parking to be available onsite during business hours for all<br />

customers and staff to the satisfaction <strong>of</strong> the <strong>City</strong>;<br />

d. All land indicated as landscaped area on the approved plan being<br />

developed on practical completion <strong>of</strong> the building/s to the satisfaction <strong>of</strong><br />

the <strong>City</strong>. All landscaped areas are to be maintained in good condition<br />

thereafter;<br />

e. The external façades <strong>of</strong> the building must be treated with an anti graffiti<br />

coating on completion;<br />

f. Any on-site floodlights not being positioned or operated in such a manner<br />

so as to cause annoyance to surrounding residents or passing traffic; and<br />

g. No goods or materials being stored either temporarily or permanently in<br />

the parking or landscape areas or within access driveways. All goods and<br />

materials are to be stored within the buildings or storage yards where<br />

provided.<br />

2. That pursuant to Clause 5.8.2 <strong>of</strong> Local Planning Scheme No.3, the cash in lieu<br />

contribution for 107 parking bays be WAIVED for this application (DA12/0992).<br />

The motion was put and declared CARRIED (9/1).<br />

For: Councillors Cooke, Italiano, Lagan, Michael, Proud, Robbins, Sargent, Stewart and<br />

Tyzack.<br />

Against: Councillor Ferrante.<br />

29

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