5310GOVERNMENT GAZETTE, WA 10 November 2022

5310 GOVERNMENT GAZETTE, WA 10 November 2022 (c) written evidence that either the applicant or another person who will have the charge of the dogs, will reside on the premises or, in the opinion of the local government, sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare; (d) a written acknowledgement that the applicant has read and agrees to comply with any code of practice relating to the keeping of dogs nominated by the local government; and (e) the set fee for the application for a licence referred to in clause 4.8(1). 4.2 Notice of proposed use (1) An applicant for a licence must give notice of the proposed use of the premises as an approved kennel establishment after the application for a licence has been lodged— (a) once in a newspaper circulating in the district; and (b) to the owners and occupiers of any premises adjoining the premises. (2) The notices in subclause (1) must specify that— (a) any written submissions as to the proposed use are to be lodged with the local government within 14 days of the date the notice is given; and (b) the application, plans and specifications may be inspected at the offices of the local government. (3) The local government may refuse to determine the application for a licence until the notice or notices, as the case may be, is given in accordance with its directions where— (a) a notice given under subclause (1) does not clearly identify the premises; or (b) a notice given under subclause (1)(a) is of a size or in a location in the newspaper which, in the opinion of the local government, would fail to serve the purpose of notifying persons of the proposed use of the premises. 4.3 Exemption from notice requirements The requirements of clauses 4.1(b), 4.2 and 4.4(a) do not apply in respect of the application for a licence where under a local planning scheme an application for a licence is made in respect of premises on which an approved kennel establishment is either a— (a) permitted use; or (b) use which the local government may approve subject to compliance with specified notice requirements. 4.4 When application can be determined An application for a licence is not to be determined by the local government until— (a) the applicant has complied with clause 4.2; (b) the applicant submits proof that the notices referred to in clause 4.2(1) have been given in accordance with that clause; and (c) the local government has considered any written submissions received within the time specified in clause 4.2(2)(a) on the proposed use of the premises. 4.5 Determination of application In determining an application for a licence, the local government is to have regard to— (a) the matters referred to in clause 4.6; (b) any written submissions received within the time specified in clause 4.2(2)(a) on the proposed use of the premises; (c) any economic or social benefits which may be derived by any person in the district if the application for a licence is approved; (d) the effect which the kennel establishment may have on the environment or amenity of the neighbourhood; (e) whether the approved kennel establishment will create a nuisance for the owners and occupiers of adjoining premises; and (f) whether or not the imposition of and compliance with appropriate conditions of a licence will mitigate any adverse effects of the approved kennel establishment identified in the preceding paragraphs. 4.6 Where application cannot be approved The local government cannot approve an application for a licence where— (a) an approved kennel establishment cannot be permitted by the local government on the premises under a local planning scheme; or (b) an applicant for a licence or another person who will have the charge of the dogs will not reside on the premises, or, in the opinion of the local government, sufficiently close to the premises so as to control the dogs and so as to ensure their health and welfare. 4.7 Conditions of approval (1) The local government may approve an application for a licence subject to the conditions contained in Schedule 2 and to such other conditions as the local government considers appropriate. (2) In respect of a particular application for a licence, the local government may vary any of the conditions contained in Schedule 2.