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MINUTES OF THE ORDINARY MEETING OF COUNCIL<br />

18 SEPTEMBER 2012<br />

b. Ensure new commercial development consistent with ‘main street’, mixed-use design<br />

principles, and consistent with the heritage character <strong>of</strong> the locality; and<br />

c. Ensure refurbishment <strong>of</strong> more recent development in a manner in keeping with<br />

traditional heritage-character commercial buildings.”<br />

Background<br />

A development application for the demolition <strong>of</strong> the existing commercial building at Lot 25,<br />

House Number 760, Beaufort Street, Mount Lawley was submitted to the <strong>City</strong> on<br />

29 December 2011 (DA11/3271). The subject property is located in the Mount Lawley<br />

Heritage Protection Area, and more specifically the Mount Lawley (East) area. The subject<br />

property comprises a single storey commercial building, which was formerly four (4)<br />

individual shops built between c.1905 - 1914. The shops have been altered over the years.<br />

The development application (DA11/3271) to demolish the building was refused by the<br />

Council at its Ordinary Meeting held on the 15 May 2012 (Council Resolution 0512/054) for<br />

the following reason:-<br />

“the demolition would be contrary to the requirements <strong>of</strong> the Heritage Protection Area<br />

Special Control Area and the <strong>City</strong>’s Character Guidelines (Mt Lawley, Menora and<br />

Inglewood) <strong>of</strong> Local Planning Scheme No.3.”<br />

Following this decision, the development proponent appointed Greg Rowe and Associates to<br />

submit an application for review <strong>of</strong> the <strong>City</strong>’s decision to the SAT. An initial Directions<br />

Hearing was held on 6 July 2012, where the matter was referred to meditation. The <strong>City</strong><br />

appointed TPG Town Planning, Urban Design and Heritage (TPG) to act on its behalf at the<br />

review in relation to both town planning and heritage issues.<br />

An onsite mediation was held on 25 July 2012, which was attended by the <strong>City</strong>’s engaged<br />

planning and heritage consultants. This mediation provided scope to discuss both the<br />

applicant and respondent’s views, to refine key concerns and to assist in developing a<br />

negotiated/revised proposal.<br />

As a consequence <strong>of</strong> discussions and negotiations that took place at this mediation, the<br />

applicant advised that they were prepared to consider the partial retention <strong>of</strong> the building.<br />

Orders were subsequently made by the SAT, requesting that the Respondent’s consultant<br />

provide the Applicant a ‘marked up plan which identifies the original fabric which the<br />

respondent believes should be retained and notes which sets out the parameters for<br />

conservation.’<br />

Orders were then set to enable the Applicant to respond to the marked up plan and<br />

conservation parameters, and for the matter to be reconsidered by the Council under a<br />

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

Consultation/Communication Implications<br />

The proposal was not required to be advertised as part <strong>of</strong> the assessment.<br />

55

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