minutes - City of Stirling

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MINUTES OF THE ORDINARY MEETING OF COUNCIL 18 SEPTEMBER 2012 At 7.14pm Councillors Boothman and Jenkinson returned to the meeting prior to consideration of Item 10.1/AP2. Councillor Willox disclosed a Financial Interest in Item 10.1/AP2 as he is a Wesfarmers Shareholder. 10.1/AP2 LOT 25, HOUSE NUMBER 760, BEAUFORT STREET, MOUNT LAWLEY- PARTIAL DEMOLITION OF COMMERCIAL BUILDING IN HERITAGE PROTECTION AREA SECTION 31 STATE ADMINISTRATIVE TRIBUNAL INVITATION TO RECONSIDER (SAT MATTER NO. DR221 OF 2012) This report has been prepared by consultants TPG Town Planning, Urban Design and Heritage Report Information Location: Applicant: Reporting Officer: Business Unit: Ward: Suburb: Lot 25, House Number 760, Beaufort Street, Mount Lawley Sandtracks Design/Greg Rowe and Associates TPG Town Planning, Urban Design and Heritage Not Applicable Lawley Mount Lawley Authority/Discretion Definition Advocacy Executive Legislative Quasi-Judicial Information Purposes when Council advocates on its own behalf or on behalf of its community to another level of government/body/agency. the substantial direction setting and oversight role of the Council. e.g. adopting plans and reports, accepting tenders, directing operations, setting and amending budgets. includes adopting local laws, town planning schemes and policies. Review when Council reviews decisions made by Officers. when Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications, building licences, applications for other permits/licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal. includes items provided to Council for information purposes only, that do not require a decision of Council (i.e. - for 'noting'). 46
MINUTES OF THE ORDINARY MEETING OF COUNCIL 18 SEPTEMBER 2012 Council Resolution 0912/027 Moved Councillor Italiano, seconded Councillor Michael That pursuant to the Orders made by the Tribunal in accordance with Section 31 of the State Administrative Tribunal Act 2004 (WA), the Council RECONSIDERS its decision and that pursuant to Clause 10.3.1 of Local Planning Scheme No.3, the application for partial demolition of the commercial building at Lot 25, House Number 760, Beaufort Street, Mount Lawley be APPROVED subject to the following conditions:- 1. The extent of fabric retained shall be no less than that which encompasses the original corner store, and one (1) structural bay back from the Beaufort Street frontage of the three (3) shops facing Beaufort Street, subject to:- a. Certification from a suitably qualified Structural Engineer being provided to the satisfaction of the Manager Approvals, which demonstrates how the structural stability of the remaining original structure will be maintained. 2. The internal wall between ‘Shop 2’ and ‘Shop 3’ may be removed subject to:- a. Certification from a suitably qualified Structural Engineer being provided to the satisfaction of the Manager Approvals, which demonstrates that the removal of this portion of wall will not have an adverse impact on the structural stability of the remaining original structure; b. The parapet ties above the wall being retained in situ; and c. The removal of the internal wall does not extend any closer to the front wall than the depth of shop entry return wall so that the original door opening can be reconstructed. 3. The existing non-original awning shall be removed and a verandah be reinstated based on photographic evidence (with non-structural posts), to the satisfaction of the Manager Approvals. 4. Original door and window openings to the Beaufort Street façade are to be reinstated to reflect the original configuration of openings based on photographic evidence, to the satisfaction of the Manager Approvals. It is not necessary that the doors to Beaufort Street are operable. Further investigation, both archival and of the existing fabric, is be undertaken to ascertain whether the doors were recessed. If it is found that the doors were originally recessed (as is common in the area), they should be reinstated as such. 5. A door is to be provided in the corner truncation to reflect the original design of the shop, to the satisfaction of the Manager Approvals. The existing (nonoriginal) entrance doors on Second Avenue may be retained if they reflect the original configuration identified in the photographic evidence. 47
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minutes - City of Stirling

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