Council Minutes - Town of Cambridge
Council Minutes - Town of Cambridge
Council Minutes - Town of Cambridge
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COUNCIL MINUTES<br />
TUESDAY 28 AUGUST 2012<br />
DV12.97<br />
LOT 4 (NO. 8) ST LEONARDS AVENUE, WEST LEEDERVILLE - SAT<br />
RECONSIDERATION - RECONSIDERATION OF CONDITION<br />
SUMMARY:<br />
Following a directions hearing, the <strong>Town</strong> is invited to reconsider its decision to apply a<br />
condition on the planning approval for Additions and Alterations at 8 St Leonards Avenue,<br />
West Leederville that required the existing solid fence to be removed or modified, pursuant<br />
to Section 31 (1) <strong>of</strong> the State Administrative Tribunal Act 2004 (WA).<br />
BACKGROUND:<br />
Application: 82-DA - 2012<br />
Owner:<br />
Mr Jeremy P King & Ms Yonnene H Pearce<br />
Applicant: James Edwards<br />
Zoning:<br />
Residential R30<br />
Use class: Dwelling (single) ‘P’ – Permitted<br />
Land area: 536 m²<br />
<strong>Council</strong>, at its Ordinary meeting held on 24 April 2012 approved a development application<br />
for additions and alterations at the above mentioned address. The proposed works involved<br />
additions and alterations to the ground and upper floor areas to the rear <strong>of</strong> the existing<br />
dwelling.<br />
In addition there was a proposed new double garage located in the rear south-east corner <strong>of</strong>f<br />
the property with vehicular access from Priestley Lane.<br />
In approving the application <strong>Council</strong> placed a condition on the approval requiring the existing<br />
solid fence to be removed or modified as follows:-<br />
"(ii)<br />
the solid front fence be removed or modified to comply with the <strong>Town</strong>'s Planning Policy<br />
3.2 Streetscape within 3 months <strong>of</strong> approval <strong>of</strong> this building application;".<br />
The applicant subsequently submitted a request to the State Administrative Tribunal (SAT)<br />
for a reconsideration <strong>of</strong> this decision. A directions hearing was subsequently held on 1<br />
August 2012, following the hearing, SAT issued orders to the effect <strong>of</strong>:-<br />
"1. Pursuant to s 31(1) <strong>of</strong> the State Administrative Tribunal Act 2004 (WA) the respondent<br />
is invited to reconsider its decision at its meeting on 28 August 2012 having regard to<br />
the test <strong>of</strong> nexus between the condition in question and the development applied for<br />
and approved.<br />
2. The proceeding is adjoined to a further directions hearing at 2 pm Tuesday 4<br />
September 2012."<br />
H:\CEO\GOV\COUNCIL MINUTES\12 MINUTES\AUGUST 2012\B DV.DOCX 62
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