The previous application for a use not listed (short stay accommodation) at this address was refused by the Town’s Council on the 22 November 2022. The applicant has since appealed the decision to the State Administrative Tribunal. The State Administrative Tribunal aims to review the decision and attempts to achieve a resolution where there is a dispute. In this case, the applicant has provided amended information and therefore the SAT has invited the Town under Section 31 of the State Administrative Tribunal Act 2004 to reconsider its decision.

 As part of this process, the applicant has provided the Town with an amended management plan that aims to address concerns about possible amenity impacts on surrounding properties, and justification for a departure to the locational criteria prescribed part 6.3(a) of the Town’s Local Planning Policy No. 18 – Short Stay Accommodation. As part of the reconsideration process and assessment, the Town is required to re-advertise the proposal, including the amended information. The application will then be re-considered by Council.

 The proposed use is for a use not listed (short stay accommodation) and is detailed below:

 The application applies to all 8 units.

• Each unit will have a maximum of four adult guests or a family of four members at any one time.
• No parties or events are permitted.
• The Managers are responsible for the handling of complaints.
• A register of complaints will be kept and available to the Town’s staff on request.
• The neighbours are to be provided with a copy of the code of conduct, the complaints management procedure, and the contact details of the managers.
• No visitors other than guests who are booked to stay at the property a permitted without approval from the manager.
• A minimum of 5 nights, a maximum stay of 90 days. 

In relation to addressing the Councils reasons for refusal the applicant provided additional information and clarification in relation to:

 Noise monitoring devices: each apartment has a noise monitoring device installed. When noise in the apartments exceeds 85 decibels for a period of 10 minutes will trigger a notification to the manager(s) of the short stay accommodation. Live monitoring noise monitoring is available, and any issues with respect to noise can reasonably be dealt with to ensure noise is not creating a nuisance to nearby and adjoining landowners. This device cannot be modified or tampered with by guests without the onsite managers being notified.

•  24-7 CCTV monitoring: devices monitor all communal areas, entrances to apartments including the security gates and pathways outside of the complex. Onsite managers can ensure the number of guests in each apartment is being adhered to.

•  The landowner has updated and provided snippets of their guest guide, which provides information in relation to:

 Local restaurant and shopping opportunities.

• Local parks and recreation services.
• Local events and attractions to support local community and business.
• House policies and guidelines.
• Directional information to the Bassendean Train Station and Town Centre (15-minute walking distance); and
• Directional information to the nearest bus stop and links to bus timetables for the applicable bus stop.

•  There is one owner/occupier within the complex, who can monitor behaviour and reports to the managers potential disturbances at any time.

How can I comment?

Any comments you wish to make on the development are to be submitted in writing by 5:00pm 19 April 2023 and submitting via: 

• Email: [email protected]
• Mail: PO Box 87, Bassendean WA 6934
• In person: Customer Service Centre - 35 Old Perth Road, Bassendean (8.30am – 5:00pm, Monday to Friday (excluding public holidays)

In either instance, please quote the Development Application reference number (2022-094) as part of any submission. Any submissions received will be considered as part of the determination process and your submission will be publicly available in the Council Agenda. Should no reply be received within the above timeframe it will be assumed that you do not wish to comment.

Relevant Documents 

Bassendean Short Stay Management Plan 

Economic effects of Airbnb