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Committee to consider awning

26 May, 2005 09:55 AM
An application from Chats on Opal Cafe to erect a shade cloth awning over the footpath outside the eatery has been referred to the Lightning Ridge Precinct Committee for the second time after council raised concerns over its infringement on a public street.

Owner of Chats on Opal Claire Murray has lodged a development application with council to erect the awning.

Walgett Shire Council Planning and Regulations manager Mathew Goodwin in his report said the development was not in the public interest and would also have a detrimental impact on the environment.

"The proposed shade cloth area required the erection of poles within the public street, thereby infringing upon the public street corridor," he said.

At the May Precinct Committee meeting there was concern from committee members over the use of poles to erect the shade cloth and the possible danger this could cause to users of the footpath.

Under the Environment Planning and Assessment Act 1979 developments which require structures to be located on land which is part of the public street are not normally approved.

Mr Goodwin said while there would be positive impacts from the shade cloth this would be outweighed by the negatives.

"Positive impacts may arise for the developer and community from the shade structure, through energy efficiency and potentially making the business more appealing to clients, but overall it seems that the negative impacts on the built environment would be more substantial," he said.

A decision has been deferred until next council meeting and after the precinct committee has met on the issue and considered Mr Goodwin's report.

The Precinct Committee will meet on June 6 at the Bowling Club at 7pm.

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