WEBVTT

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 I'll declare this special council

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meeting of the town of Victoria Park is

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open like to begin with an

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acknowledgement of the traditional

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owners Nanjarapan Wajak Nunga Buja Yaken

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Ninja I am honored to be standing on

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Whadjuk Nonogar country on the banks of the

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Swan River Nankar Mort

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Kadak Nunga Buja Narach Nija Nunga Bria

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Yay Border Balapan Micah Kadagan Mort

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Bujan Yay I acknowledge the traditional

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custodians of this land and respect past

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present and emerging leaders their

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continuing cultural heritage beliefs and

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relationship with the land which

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continues to be important today Nyunka

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Balapan Nunga Brudya where Mort Ninja

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boodjar I thank them for the contribution

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made to life in the town of Victoria

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Park and to this region Item two on the

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agenda is announcements from the

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presiding member 2.1 Recording and live

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streaming of proceedings in accordance

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with regulation 14I of the local

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government administration regulations

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1996 this meeting is being audio and

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video recorded and live streamed on the

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town's website Under clause 391 of the

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meeting procedures local law 2019 I do

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not give permission for any other person

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to record the proceedings of this

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meeting By being present at this meeting

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members of the public consent to the

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possibility that their image and voice

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may be livereamed to the public

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recordings are also made available on

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the town's website following the meeting

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2.2 Public question time and public

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statement time as this is a special

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council meeting any public questions or

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statements must relate to the business

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of the agenda there are guidelines that

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need to be adhered to in our council

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meetings and during question and

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statement time people speaking are not

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to personalize any questions or

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statements about elected members or

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staff or use any possible defamatory

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remarks   In accordance with clause 5040

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of the meeting procedures local law a

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person addressing the council shall

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extend due courtesy and respect to the

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council and the processes under which it

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operates and shall comply with any

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direction by the presiding member A

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person present at or observing a meeting

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shall not create a disturbance at a

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meeting by interrupting or interfering

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with the proceedings whether by

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expressing approval or disscent by

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conversing or by any other means when

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the presiding member speaks during

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public question time or public statement

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time any person then speaking is to

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immediately stop and every person

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present is to preserve strict silence so

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that the presiding member may be heard

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without interruption as per our usual

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practice there is a limit of three

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questions per person and two minutes

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allocated for

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statements No adverse reflection in

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accordance with clause 56 of the meeting

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procedures local law both elected

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members and the public when speaking are

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not to reflect adversely on the

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character or actions of elected members

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or

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employees Item three attendance  we

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have all bar two elected members in

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attendance We have apologies from

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councelor Minson and councelor Hamer

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We also have an apology from the CEO

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who's been unexpectedly delayed  and

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is unlikely to get here through the

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duration of this meeting So on that

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basis  we have the chief community

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planner  Mr Doy  is seated beside me

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 this evening instead of in his usual

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seat  we also have  joining  a

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number of the town staff  this evening

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we have  external attendance from 

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the town's advisers Taylor Barnett

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 item four is declarations of interest

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 Mr Acting CEO  do we have any

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declarations of interest please

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thank you Mayor Vernon  yes we do have

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one declaration  with regards to

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tonight's item which is from you Mayor

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Karen Vernon the interest is an

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impartiality interest the reason I have

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had communications with the applicant

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about this application regarding the

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interface with lot 7 and participated in

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a meeting with town staff the WAPC and

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the applicant regarding lot 7 thanks

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thank you Mr Doy are there any other

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declarations of interest that anyone

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needs to make in relation to this matter

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no all right thank you go to item five

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which is public question time which I'll

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now open at 5:34 p.m and ask are there

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any questions from members of the

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public no there being no indication of

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any questions I'll close public question

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time at 5:34 p.m  item six on the

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agenda is public statement time which

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I'll now open at 5:34 p.m and ask is

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there anyone in the public gallery wish

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to make a statement about this item yes

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you do sir

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please come forward  if we can ask you

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to state your name and your suburb

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please  as I said at the outset we

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normally have a 2 minute limit for

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statements however since you happen to

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be the only person in the public gallery

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this evening I can be a little bit more

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generous with the timing if you need

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more time to make your statement well

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thank you mayor and lucky me  my name

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is Steve Alling  my address business

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address is 125 Hamsley Road

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Subiaco

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 there's only one item tonight so I

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don't think I need to refer to the item

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number but this  statement today

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relates to an email that I sent to all

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counselors yesterday and earlier today

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 since yesterday we note that the

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officers have now put forward a new

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recommendation for a deferral and not

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part approval So we support that

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recommendation  provided that the

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applicant has given an assurance that it

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is willing to undertake  that

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additional work and the applicant has

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agreed to defer the item from the DAP If

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the applicant doesn't commit to that

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extra work  we believe there are very

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strong planning grounds as to why the

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application should be refused  because

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the significant traffic issues that have

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been identified by the town's office

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themselves are just simply unresolved

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The applicants have had a significant

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period of time to deal with these

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traffic issues and have been notified in

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advance of them by the town's officers

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Despite this the applicant has continued

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to advocate for proposals that are not

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 accepted by the town and where their

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assessment remains inadequate to support

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their proposals And these are matters

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that we say are not suitable to be

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conditioned  because they are really

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fundamental  to determine whether or

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not the land use is capable or not of

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approval being granted  if the

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councilors are still contemplating the

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idea of the earlier  recommendation 

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being considered to part approve it I

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would just ask the councilors to have a

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look at  page 37 of the RA The

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officer's own conclusions on traffic are

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very clear It's very clear that the

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officers aren't satisfied that there

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won't be an impact on the road network

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 and in relation to the consideration

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under the clause 67 regulations of 

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the planning regulations it's also clear

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that they are unable to conclude that

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traffic matters are satisfactorily 

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addressed Where we differed from the

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offic's recommendation is that  other

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than traffic they had suggested in that

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earlier recommendation that the town

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effectively endorsed the proposal and

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allow the officers to separately resolve

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the traffic matters outside of council

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before reporting to the DAP And

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respectfully we believe that was the

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wrong approach because it fails a

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fundamental obligation that we say

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exists  for a decision maker to

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properly consider all of those matters

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under the planning regulations And that

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of course would include  the traffic

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matters which are under clause 67 S&T

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which the officers themselves have

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acknowledged in their report have not

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been met So we say it's a a question of

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orderly and proper planning and we don't

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believe it's possible for the town to

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make a positive determination in whole

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or in part   that that would be an

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orderly or proper one  and in the

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absence of those matters being addressed

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up front   involving some further

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community consultation and the

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application being separately determined

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by a council at a later meeting But this

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relies on the applicant  committing to

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undertake that additional work and to

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defer the DAP item So thank you for your

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consideration and if there were any

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questions I'm happy to to take them 

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thank you Mr Aladine  our meeting

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procedures local law doesn't permit us

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to ask questions of those who make

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statements Had you been presenting a

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deputation then by all means we would

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have asked if elected members had

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questions for you  but unfortunately

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it's not part of public statement time

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but thank you for your statement  you

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are right There's only one item on the

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agenda So  hopefully  we'll get to

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that pretty shortly  so there being no

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other members of the public gallery 

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indicating an intention to make a

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statement I'll close public statement

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time at 5:39 p.m Item seven on the

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agenda is presentations 7.1 petitions we

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have none 7.2 presentations there are

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none 7.3 deputations there are none Item

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eight method of dealing with agenda

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business we have none Item nine is

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council reports only one council report

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which is 9.1 development application for

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proposed shops including supermarket

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restaurant cafe and childcare premises

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at numbers 1022 to 1032 Albany Highway

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and numbers 355 to 355 357 Shepard and

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Road East Victoria Park being lots

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1830132 480 481 488 and

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502  now in relation to this matter

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just for the benefit of those who are 

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listening or may be viewing  this

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meeting at a later date an amended

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officer recommendation  was published

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 yesterday the 13th of May I think 

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that's right  in relation to this

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matter  and that amended officer

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recommendation appears relevantly at

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pages 2 to three of the published

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special council meeting agenda  as we

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come to this item  I wish to move an

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alternate motion  the content of which

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has been shared with elected members

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this afternoon  seek to test that

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alternate motion ahead of the office's

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recommendation The alternate motion is

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that council A note the draft

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responsible authority report at

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attachment 1 B defer consideration of DA

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5.2024.212.1

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212.1 pending the submission and

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assessment of additional information

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addressing the outstanding traffic

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issues identified in the draft

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responsible authority report at

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attachment one C requests that following

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the submission and assessment of the

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additional traffic information the

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matter be reported back to council to

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consider a recommendation to the

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development assessment panel and D

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requests Fabcot to continue discussions

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with the state in regard to the

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relationship between the development

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site and lot 7 The reason for moving

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this alternate motion is to acknowledge

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the applicant's written agreement dated

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14 May 2025 to provide additional

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information addressing the outstanding

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traffic issues identified in the draft

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responsible authority report at

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attachment one  can I seek please in

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the usual way  using docs on tap a

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seconder for my alternate motion

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that's been seconded I understand by

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councelor Cruiser  I don't wish to be

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heard in relation to this matter I think

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the reason for moving the alternate

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motion is fairly straightforward

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Councelor Cruiser as the seconder of the

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alternate Do you wish to be heard no All

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right  so notwithstanding that we all

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look rather odd  new look for us 

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I'm going to formally ask  is there

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any disscent  because if there is

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we'll need to move to debate with regard

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to the alternate motion No not seeing

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any indication of dissent So on that

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basis I'm going to declare the alternate

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motion is carried unanimously thank you

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thank you very much  everyone with

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regards to that  item 10 on the agenda

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is public question time which I now open

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at 5:42 p.m and ask is there any member

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of the public gallery who wishes to ask

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a

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question there being none I close public

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question time at 5:42 p.m  item 11 on

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the agenda is public statement time for

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the second time which I now open at 5:42

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p.m and  ask is there anyone who

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wishes to make a public statement 

00:12:33.360 --> 00:12:35.495
only gallery member is indicating no So

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I'll close that at 5:43 p.m Item 12 is

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matter for which the meeting may be

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closed to the public There are no

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matters for which the meeting may be

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closed for the public And so at 5:43 p.m

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I declare the special council meeting is

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closed thank you thank you everyone for

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attending Good evening thank you