[2008] WASAT 134
General information, not legal advice.
State Administrative Tribunal (WA)
2008-05-28
Mr AJ
Original judgment source is linked above.
(1) The pressure cleaner being relocated to and being used at all material times on the eastern side of the existing building.
(2) The reversing beepers on all vehicles being modified or replaced with lower pitch and decibel alternatives within one month to the approval of the Manager Planning and Development Services so as to reduce the noise of the reverse beepers.
(3) The openings in the western wall of the existing building being closed at all times when there are activities being carried out in the existing building in order to assist in containing the noise generated by those activities inside the existing building.
(4) A 3.6 metre high wall, masonry in type, being constructed by 28 July 2008 parallel to the western boundary of the site from the south-west corner of the adjoining building at No 33 McCoy Street to the northern wall of the existing building on the site. This wall must be treated by the applicant on both sides to the satisfaction of the Manager Planning and Development Services who must consult with the owners of No 92 and No 94 Rome Road.
(5) Hours of operation of the approved development other than office activities to be limited to 7 am to 7 pm Monday to Friday, excluding public holidays, inclusive of deliveries and collection of equipment to and from the property.
(6) Any alarm system for the activity to be a silent monitored system in order to reduce the impact on adjoining and adjacent residential properties.
(7) Any security lighting is to be designed and located so as not to cause disturbance to adjoining and adjacent residential properties.
(8) The area between the western boundary of the site and the wall required to be constructed by condition (4) and between the western boundary of the site and the western wall of the existing building on the site until the prolongation of the southern boundary of Lot 34 Rome Road must be landscaped with advance species to the satisfaction of the Manager Planning and Development Services. In particular the applicant must submit a landscape plan prepared by a suitably qualified landscape consultant for approval by the Manager Planning and Development Services by 27 June 2008 and must implement the approved plan within 28 days of written approval by the Manager Planning and Development Services.
(9) The landscaped area referred to in condition (8) must not be used for any purpose other than landscaping.
(10) Storage within the rear yard is to be limited to a height of 3.6 metres.
(12) Radio/stereo music is not permitted to be played in the rear yard of the site or in the existing building on the site with the exception of the office.
(13) All forklift vehicles used on site are to be electrically powered.
(14) This approval expires on 31 January 2010. If the applicant wishes to use the site beyond this date, a fresh development application must be lodged for approval by the Council.
(15) All manual loading and unloading of metal objects at the site must take place within the existing building and not in the rear yard. The doors on the western and northern sides of the building must be closed during loading and unloading.
(16) Trucks must be idled between the existing building and the eastern boundary of the site and must not be idled in the rear yard.
I certify that this and the preceding [66] paragraphs comprise the reasons for decision of the State Administrative Tribunal.
___________________________________
37 However, as the Tribunal said in Land Alliance Pty Ltd and City of Belmont [2005] WASAT 100; (2005) 39 SR (WA) 119 at [39]: