264GOVERNMENT GAZETTE, WA 23 February 2024

264 GOVERNMENT GAZETTE, WA 23 February 2024 (e) accompanied by the consent in writing of the owner of the premises where the occupier is not the owner of the premises to which the application relates; and (f) accompanied by the application fee for the permit determined by the local government from time to time. (2) Shire may exempt payment of a permit detailed in 3.3(1)(f) where applicant is a— (a) registered cat breeder; or (b) bona fide cat foster carer; or (c) cattery applicant. 3.4 Refusal to determine application The local government may refuse to determine an application for a permit if it is not made in accordance with clause 3.3. 3.5 Factors relevant to the determination of application (1) In determining an application for a permit, the local government may have regard to— (a) the reasons and justification provided for the request; (b) the physical suitability of the premises for the proposed use; (c) the suitability of the zoning of the premises under any local planning scheme which applies to the premises for the proposed use; (d) the environmental sensitivity and general nature of the location, surrounding the premises for the proposed use; (e) the structural suitability of any enclosure in which any cat is to be kept; (f) the likelihood of a cat causing nuisance, inconvenience, or annoyance to the occupiers of adjoining land; (g) the likely effect on the amenity of the surrounding area of the proposed use; (h) the likely effect on the local environment including any pollution or other environmental damage, which may be caused by the use; (i) any submissions received under subclause (2) within the time specified in subclause (2); and (j) such other factors which the local government may consider to be relevant in the circumstances of the particular case. (2) The local government may require an applicant to— (a) consult with nearby landowners; or (b) advise nearby landowners that they may make submissions to the local government on the application for a permit within 14 days of receiving that advice, before determining the application for the permit. (3) The local government may specify the extent of consultation with nearby residents, as specified in subclause 3.5(2)(a) and may specify which properties should be consulted. 3.6 Decision on application (1) The local government may— (a) approve an application for a permit as it was submitted, in which case it shall approve it subject to the conditions in clause 3.7 and may approve it subject to any other conditions it sees fit; (b) approve an application but specify an alternative number of cats permitted to be housed at the address; or (c) refuse to approve an application for a permit. (2) If the local government approves an application under subclause (1), then it shall issue a permit to the applicant in the form determined by the CEO. (3) If the local government refuses to approve an application under subclause (1), then it shall advise the applicant accordingly in writing. 3.7 Conditions (1) Every permit is issued subject to the following conditions— (a) each cat kept on the premises to which the permit relates shall comply with the requirements of the Act, and conditions detailed within this Local Law; (b) each cat shall be contained on the premises unless under the effective control of a person; (c) the permit holder will provide adequate space for the exercise of the cats; (d) the premises shall be maintained in good order and in a clean and sanitary condition; and (e) those conditions contained in Schedule 1. (2) In addition to the conditions in subclause (1) of this clause, a permit may be issued subject to other conditions, as the local government considers appropriate. 3.8 Compliance with conditions of permit A permit holder shall comply with each condition of a permit.