2690GOVERNMENT GAZETTE, WA 26 May 2017

2690 GOVERNMENT GAZETTE, WA 26 May 2017 (b) approve an application for a permit subject to conditions; or (c) refuse to approve an application for a permit. (2) If the local government approves an application for a permit with or without conditions, it must issue to the applicant a permit in the form approved by the local government. (3) Where the local government approves an application for a permit for an alfresco dining area with or without conditions, the local government must attach to the permit a plan showing the area where the alfresco dining area may be conducted, which will then form part of the permit. (4) If the local government refuses to approve an application for a permit, it must give written notice of that refusal to the applicant. (5) Where a clause of this local law refers to conditions which may be imposed on a permit or the grounds on which an application for a permit may be refused, the clause does not limit the power of the local government to impose other conditions on the permit or to refuse the application for a permit on other grounds. 12.3 Relevant considerations in determining application for granting a permit (1) In determining an application for a permit, the local government is to have regard to— (a) any relevant local government policies; (b) the Competition Principles Agreement; (c) the desirability of the proposed activity; (d) the location of the proposed activity, including safety and health requirements, and the character and function of, the location; and (e) such other matters as the local government considers relevant. (2) A local government may refuse to approve an application for a permit on any one or more of the following grounds— (a) the application is inconsistent with a local government policy or would result in an activity being carried out contrary to this local law or any other written law; (b) the applicant has committed a breach of any provision of this local law or of any other written law relevant to the activity in respect of which the permit is sought; (c) the applicant is not a desirable or suitable person to hold a permit; (d) the applicant is insolvent or under administration; (e) the activity may result in traffic and pedestrian safety being adversely impacted; (f) the activity is not in keeping with the surrounding land uses; or (g) such other grounds as the local government considers relevant. Division 2—Conditions on a permit 12.4 Examples of conditions The local government may impose conditions on a permit relating to— (a) the payment of a fee; (b) the duration and commencement of the permit, including the days and hours within which the activity the subject of the permit may be carried out or is prohibited; (c) the commencement of the permit being contingent on the happening of an event; (d) the rectification, remedying or restoration of a situation or circumstance reasonably related to the application; (e) the area or specific location within the district to which the permit applies, including any set back distances applicable to the activity; (f) the payment of a bond against possible damage, cleaning or other expenses; (g) the obtaining of public liability insurance in an amount and on terms reasonably required by the local government; (h) the provision of an indemnity from the permit holder indemnifying the local government in respect of any injury to any person or any damage to any property which may occur in connection with the use of the public place or local government property by the permit holder; (i) if the permit relates to the trading of food, the provisions to be made for the storage of cooked and uncooked food, and the storage and disposal of waste water; and (j) any other matter that the local government considers fit or appropriate. 12.5 Compliance with and variations to terms and conditions (1) A permit holder must comply with any terms and conditions imposed on a permit, including any conditions as varied. (2) A permit holder may apply to the local government to vary or remove any conditions imposed on a permit. (3) In determining whether to vary any condition imposed on a permit, the local government must have regard to any relevant local government policy.