256GOVERNMENT GAZETTE, WA 23 February 2024

256 GOVERNMENT GAZETTE, WA 23 February 2024 4.2 Application for licence for approved kennel establishment An application for a licence must be made in the form of that in Schedule 1, and must be lodged with the local government together with— (a) plans and specifications of the kennel establishment, including a site plan; (b) copies of the notices to be given under clause 4.3; (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 the control and maintenance of the dogs, and so as to ensure their health and welfare and; (d) a written acknowledgement that the applicant has read and agrees to comply with the conditions detailed within the kennel establishment approval and licence conditions relating to the keeping of dogs detailed by the local government; and (e) the fee for the application or renewal for a licence referred to in clause 4.9(1). 4.3 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 has been lodged— (a) once in a newspaper circulating in the district; and (b) to the owners and occupiers of any premises adjoining or within the specified distance the premises. (2) The notices in subclause (1) must specify– (a) the nature of the proposed use and address of the premises; (b) the number of dogs proposed to be kept; (c) that the application and plans and specifications may be inspected at the offices of the local government; and (d) any written submissions as to the proposed use are to be lodged with the CEO within 14 days of the date the notice is given. 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 4.3; (b) the applicant submits proof to the local government that the notices referred to in clause 4.3 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 4.3(2)(d) 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 4.3(2)(d) 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 land or 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 and, compliance with any conditions of approval. 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.