The City of Bunbury has entered into discussions over a proposed alfresco structure connected to a kebab shop in the CBD.
At last week’s council meeting, the City of Bunbury council talked about plans for the front setback of Lot 3 (number 3/57) in Victoria Street.
Development approval was requested on behalf of Orfa Kebabs and Turkish Bakery, near Eliot Street.
The proposal features an alfresco structure set to house a formally designated shisha area.
“It’s going to go in between the kebab shop and Victoria Street, there’s a large paved area there,” City of Bunbury Mayor Gary Brennan said.
Nineteen public submissions were given to the city as part of public consultation, 18 of which were positive.
Another four submissions were given to the city from service authorities, three of which were objections.
The objections focused on perceived health risks and negative impacts for surrounding businesses.
At its last meeting, the council discussed whether the approval of a shisha area would be seen to promote smoking in the CBD.
Mr Brennan said the development proposal fit with town policy.
“My policy is that the city has a town planning scheme in place which enables property owners and their tenants to operate lawfully, providing they are in compliance with the town planning scheme,” he said.
“That activity is lawful, and there are controls in place regarding smoking and those controls also have to be observed by operators.
“If it’s a lawful activity, then I am supporting it.
“We’re required to observe our town planning scheme and other laws. At the moment, what they have proposed is a lawful activity.”
Mr Brennan said all development proposals would have to follow state legislation.
He said the city would not be developing a policy for smoking in the CBD.
“A policy will not have any impact at all when there is superior legislation in place, such as State Government legislation,” he said.
“Council policy has no legal backing at all.
“Policies guide the behaviour of our officers and the council, but they have no legal backing unless they are approved through town planning and the state legislative process.”
Council is expected to vote on the proposal at its meeting on Tuesday, May 29.
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