Questions on Notice by Councillor Ken Liu

January Meeting of Kangaroo Island Council (18/1/2012) 

Re: Ozone Hotel Outdoor Eating Area

I have witnessed during the Christmas and New Year holiday time that the outdoor eating area of Ozone Hotel on Commercial Street was packed with diners and hotel patrons, completely blocking the pedestrian pathway. As a result it has forced the public to walk on the roadway in order to get back to the footpath alongside the eating area. Vulnerable pedestrians, such as elderly on gophers and people on wheelchairs would have to turn back to find a safer way to get to the other side of the eating area.

The current problem is due to no pedestrian pathway on one side of the building for the outdoor eating area being provided.

In accordance with Section 5.9(a) of Council’s Outdoor Dining Policy, the absolute minimum footpath width to be available for public pedestrian access is 1.2 m; and Section 5.9(b) requires the public pedestrian pathway adjacent to the building to be maintained at all time.

Council also has an obligation to ensure compliance with the Disability Discrimination Act to ensure this facility would not result in unlawful discrimination against people with disabilities and aged citizens (Section 2.6 of the Policy). My questions are:

Question 1:

Did Council grant an approval for the Ozone Hotel to build an extension over the footpath area on Commercial Street for outdoor dining activities in accordance with Council’s Outdoor Dining Policy?

Answer 1:

November 2006, the Ozone Hotel was granted Provisional Development Plan consent – D.A 520/166/06. Kangaroo Island Council adopted an Outdoor Dining Policy 11 May 2007.

Question2:

If so, (a) why was the structure allowed to encroach onto the public place without providing a minimum 1.2m wide pedestrian access adjacent to the outdoor dining facility as required under Section 5(a) of the Policy and (b) how will Council rectify this situation?

Answer 2:

N/A – as per 1) above the approval was granted prior to the adoption of the Policy and the

Policy was not retrospectively applied as is normal.

Question 3:

If not, what actions are available to Council to ensure the interests of the KI residents and ratepayers are protected?

Answer 3:

Council Officers will undertake an inspection of the operation of the site and address any compliance issues with the business operator.

Moved Cr Liu
Seconded Cr Chirgwin

That a full report be brought forward to Council for consideration in order to rectify the apparent requirement for a 1.8m wide footpath at the Aurora Ozone Hotel.

CARRIED.