Ordinary 070530Minut.. - Shire of Shark Bay
Ordinary 070530Minut.. - Shire of Shark Bay
Ordinary 070530Minut.. - Shire of Shark Bay
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ORDINARY COUNCIL AGENDA - 30 MAY 2007 Page 26<br />
1 The submission and approval <strong>of</strong> a building licence for the construction <strong>of</strong> a<br />
carport/garage on 77 (Lot 115) Hughes Street, Denham.<br />
2 The southern brick wall being a mix <strong>of</strong> construction materials other than face<br />
brickwork.<br />
Voting Requirements<br />
Simple Majority Required.<br />
Date <strong>of</strong> Report 21 May 2007<br />
Moved Cr Blennerhassett<br />
Seconded Cr Hoult<br />
That the recommendation be adopted.<br />
CARRIED UNANIMOUSLY<br />
11.4 SUBDIVISIONAL PROPOSAL - LOT 1 EDEL LOCATION NANGA ROAD, NANGA P2037<br />
Author<br />
Manager Regulatory Services<br />
Disclosure <strong>of</strong> Any Interest<br />
Nil.<br />
Précis<br />
HTD Surveyors and Planners have submitted an application for preliminary approval <strong>of</strong><br />
support for a proposed subdivision <strong>of</strong> Part Lot 1 Nanga on behalf <strong>of</strong> proponent Mr T Sears.<br />
This report considers the application and recommends that it not be supported.<br />
Background<br />
In support <strong>of</strong> its submission the following information has been provided.<br />
Proposed Subdivision - Lot 1 Edel Location Nanga Road, Nanga<br />
In September 2006, based on the advice from the <strong>Shire</strong>'s Town Planning Department, the WA<br />
Planning Commission resolved to refuse an application for the excision <strong>of</strong> 6,884 square metres from<br />
the abovementioned property, for the following reasons -<br />
1 The proposed subdivision is inconsistent with the "Special Use - Tourist Development"<br />
zoning <strong>of</strong> the land in the Council's Town Planning Scheme. Subdivision in the manner<br />
proposed would create potential for additional building development which would be in<br />
conflict with the zoning objectives.<br />
2 The Commission is not prepared to approve a subdivision for residential purposes only in an<br />
area zoned for tourist development, as it is contrary to the Town Planning Scheme and will<br />
conflict with the intent and purpose <strong>of</strong> the zone.<br />
3 Approval to the subdivision would set an undesirable precedent for the further subdivision <strong>of</strong><br />
surrounding lots.<br />
ADVICE TO APPLICANT<br />
1 The permitted uses in respect to this site are tourist development (including caravan parks),<br />
chalet development, holiday cottages, museums, residences and any other uses that Council<br />
considers to be ancillary and incidental to the approved predominant use and are consistent<br />
with the objectives <strong>of</strong> the <strong>Shire</strong> <strong>of</strong> <strong>Shark</strong> <strong>Bay</strong> Town Planning Scheme No 2.<br />
It appears that the reasons for the refusal are contradictory, in that the <strong>Shire</strong>'s Town Planner and the<br />
Commission were not prepared to approve a subdivision for residential purposes only in an area<br />
zoned for tourist development as it is contrary to the TPS & will conflict with the intent & purpose<br />
<strong>of</strong> the zone, however, in the advice to the applicant it is clearly stated that under the Town Planning<br />
Scheme "residences and any other uses that Council considers to be ancillary & incidental to the<br />
approval predominant use" as permitted uses.