2020-10-12 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                              12 OCTOBER 2020




                       Figure 27: Unapproved structure within Council land

   Sails Restaurant received an outdoor dining permit (Permit 56) from Council in 2002 for the
   use of a paved 28m2 area of Council land for outdoor dining purposes, which has been
   renewed annually since this time. The original dining permit allowed for 5 umbrellas to be
   used within the approved area. In 2003, a subsequent approval was issued to install pavers
   and stairs within the road reserve for outdoor dining.
   In 2003 (estimated), a retractable awning approximately 40m2 in area was erected within
   Council land, attached to the existing Sails restaurant. There are no records on Council’s
   files granting approval for the installation of the awning. In 2016, Council consented to a ‘like
   for like’ replacement of the awning as part of a refurbishment of the sail over the entire
   restaurant. At the time of this consent, it was not recognised by Council officers that the
   existing structure within Council land was unapproved.
   In addition, aerial photography indicates that between 2015 and 2016, an additional
   approximately 9m2 ‘storage area’ was added to the east of the existing unapproved structure
   within Council land. No approval was granted by Council for the erection of this additional
   structure. It has also been noted that from time to time, the grassed area of Council land to
   the west of the awning is also used for events.
   It is also noted that the current annual outdoor dining permit issued to Sails is calculated
   based on a use area of 28m2 only.
   These structures encroach onto public land and given the significant refurbishments to
   Netanya which involve increased gross floor area and site cover, it is appropriate that this be
   addressed at this time.
   It is recommended that the owner of Sails Restaurant be advised that the structures within
   Council land are unapproved and in excess of the approved outdoor dining area. Due to the
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