How long will this be open for public consultation?
This proposal is currently out for public consultation with the period closing 16 January 2017. The Shire’s planning staff will take the submissions received into consideration when making a determination on the proposal and/or making a recommendation to Council.
What role does the Shire have in considering this application?
The Shire is obliged to give due consideration to all applications submitted by proponents. The Shire’s role is to assess each proposal to ensure it complies or can be made to comply with the planning framework (plans and strategies) .
I don’t like elements of the proposal – Does the Shire need to approve the proposal as submitted?
No. The role of the Shire’s planners is to influence the development outcome to ensure that it is appropriate and acceptable for the site, including giving consideration to the potential impacts that it may have on surrounding residents.
What Plans and Strategies are in place for the development of Cowaramup?
The Cowaramup Village Strategy was endorsed by the Western Australian Planning Commission in 2006,and has since been reviewed in 2010. A detailed structure plan was adopted in 2008.
Both plans identify the subject land for commercial development with the structure plan in particular identifying the site for the specific purpose of ‘service station’. Both plans were subject to extensive public consultation.
What if the developer doesn’t agree with the Shire’s decision?
There is a right of
appeal to the State Administrative Tribunal. As such, the Shire needs to ensure
that all decisions which it makes are robust and respectful of the planning
framework in place, thus ensuring that they are readily defendable against any
Why is this consultation taking place over the busy holiday period?
The proponent chose to lodge the application with the Shire of Augusta Margaret River prior to the Christmas break. The Shire has acted to meet its statutory obligations to advertise and determine the application within statutory timeframes as prescribed under the Planning and Development Act and Regulations.
Is the Shire able to extend the consultation period?
Council has 90 days to determine the application for development was lodged with the Shire. If it is not determined within this time period, the applicant can lodge an application to the State Administrative Tribunal (SAT) on the grounds that the Shire has delayed determination and that the application should be considered a “deemed refusal”. The SAT may elect to request Council to determine the application at the earliest possible date, seek agreement on the application through mediation, or determine the application on its merits. It unlikely that the proponent will agree to extend the time period specified for determination.