The City is in receipt of an application for the extension of a ‘non-conforming’ use at 1 Darkan Avenue, North Coogee. The site has existing non-conforming use rights for Industry-Noxious (Seafood Processing).

Background:

The address at 1 Darkan Avenue, North Coogee is zoned Development and subject to the Rob Jetty Local Structure Plan (LSP). The LSP designates 1 Darkan Avenue, North Coogee as Mixed Business. The existing operations have non-conforming use rights to continue their operations at the site.

Zoning and Non Confirming Use rights

The Planning and Development Act 2005 - [04-n0-00].pdf (legislation.wa.gov.au) defines a non-conforming use as a

“use of land, immediately before the coming into operation of a planning scheme or amendment to a planning scheme, is not in conformity, with a provision of that scheme which deals with a matter specified in Schedule 6 or 7”

Whilst the planning framework and zoning has changed to no longer permit this type of development, the existing development is able to continue its operations. Once a non-conforming use lapses for a period of 6 months or more it is considered to no longer have non-conforming use rights.

In the context of this application, the original development was approved as Industry-Noxious (Seafood Processing) in 1995 and has been operating as such since. In 2013, a scheme amendment was undertaken to rezone the land from Special Industry to Development zone, which now considers the Industry-Noxious use as an ‘X’ use, meaning it is not permitted.  The applicant/landowner is able to apply for an extension/addition to a non-conforming use which requires mandatory advertising and will be assessed by the City.

Proposal details:

The key aspects of this application are as follows:

A 350m2extension to the site is proposed on the eastern boundary of the site;

1. The extension is 11.4m wide by 30.7m long and extends to the eastern boundary;
2. The extension is proposed to be 5.8m in height with a flat roof;
3. A roller door faces Rollinson Road;
4. The extension is proposed to be painted to match the existing blue exterior.

The view this page's Document Library for relevant supporting documents

Submissions

Submissions close 4pm Friday 13 May 2022
	Online submission Complete the online submission form below
	Written submission Email to [email protected] Post to City of Cockburn, PO Box 1215, Bibra Lake DC WA 696 Written submissions must include: Reference number DA22/0100 Details of your submission Your name and address Whether you would like to keep your details confidential
	Questions or queries? Please read the FAQ Contact the City of Cockburn on 08 9411 3444 Visit a Planning Team Officer at the City of Cockburn Administration Building (9 Coleville Crescent, Spearwood) during business hours