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Metro North-West JDAP - Agenda - Meeting No 23 ... - City of Stirling

Metro North-West JDAP - Agenda - Meeting No 23 ... - City of Stirling

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<strong>Metro</strong> <strong><strong>No</strong>rth</strong>-<strong>West</strong> Joint Development Assessment Panel<br />

<strong>Agenda</strong><br />

<strong>Meeting</strong> Date and Time: Thursday 14 February 2013, 10am<br />

<strong>Meeting</strong> Number: <strong>23</strong><br />

<strong>Meeting</strong> Venue:<br />

<strong>City</strong> <strong>of</strong> <strong>Stirling</strong><br />

24 Cedric Street<br />

<strong>Stirling</strong><br />

Attendance<br />

DAP Members<br />

Ms Karen Hyde (Presiding Member)<br />

Mr Paul Drechsler (Deputy Presiding Member)<br />

Mr Rory O’Brien (A/Specialist Member)<br />

Cr Rod Willox (Local Government Member, <strong>City</strong> <strong>of</strong> <strong>Stirling</strong>)<br />

Officers in attendance<br />

Mr Craig Shepherd (Department <strong>of</strong> Planning)<br />

Ms Patricia Wojcik (<strong>City</strong> <strong>of</strong> <strong>Stirling</strong>)<br />

Applicant, Submitters and Members <strong>of</strong> the Public<br />

Mr Simon Vanyai (Fratelle Group)<br />

Ms Kylee Schoonens (Fratelle Group)<br />

Local Government Minute Secretary<br />

Ms Emma O’Callaghan (<strong>City</strong> <strong>of</strong> <strong>Stirling</strong>)<br />

1. Declaration <strong>of</strong> Opening<br />

The Presiding Member declares the meeting open and acknowledges the past<br />

and present traditional owners and custodians <strong>of</strong> the land on which the meeting<br />

is being held.<br />

2. Apologies<br />

Mr Fred Zuideveld (Specialist Member)<br />

Cr Giovanni Italiano (Local Government Member, <strong>City</strong> <strong>of</strong> <strong>Stirling</strong>)<br />

3. Members on Leave <strong>of</strong> Absence<br />

Nil<br />

Version: 1 Page 1


4. <strong>No</strong>ting <strong>of</strong> Minutes<br />

<strong>No</strong>te the minutes <strong>of</strong> the <strong>Metro</strong> <strong><strong>No</strong>rth</strong>-<strong>West</strong> <strong>JDAP</strong> meeting <strong>No</strong>.22 held on the<br />

4 February 2013 were not available at the time <strong>of</strong> agenda preparation.<br />

5. Disclosure <strong>of</strong> Interests<br />

Nil<br />

6. Declarations <strong>of</strong> Due Consideration<br />

Any member who is not familiar with the substance <strong>of</strong> any report or other<br />

information provided for consideration at the DAP meeting must declare that<br />

fact before the meeting considers the matter.<br />

7. Deputations and Presentations<br />

Nil<br />

8. Form 1 - Responsible Authority Reports – DAP Application<br />

8.1 Application Details: Two-storey development comprising Office,<br />

Restaurant, Light Industry, Warehouse and<br />

associated car parking.<br />

Property Location: Lot 64, House Number 216, Balcatta Road,<br />

Balcatta<br />

Applicant:<br />

Fratelle Group<br />

Owner:<br />

Schoonens <strong>No</strong>minees Pty Ltd<br />

Responsible authority: <strong>City</strong> <strong>of</strong> <strong>Stirling</strong><br />

Report date: 30 January 2013<br />

DoP File <strong>No</strong>:<br />

DP/13/00052<br />

9. Form 2 – Responsible Authority Reports - Amending or cancelling DAP<br />

development approval<br />

Nil<br />

10. Appeals to the State Administrative Tribunal<br />

Nil<br />

11. <strong>Meeting</strong> Closure<br />

Version: 1 Page 2


Form 1 - Responsible Authority Report<br />

(Regulation 12)<br />

Application Details:<br />

Two-storey development comprising Office,<br />

Restaurant, Light Industry, Warehouse and<br />

associated car parking.<br />

Property Location:<br />

Lot 64, House Number 216, Balcatta Road,<br />

Balcatta<br />

DAP Name:<br />

<strong>Metro</strong> <strong><strong>No</strong>rth</strong>-<strong>West</strong> <strong>JDAP</strong><br />

Applicant:<br />

Fratelle Group<br />

Owner:<br />

Schoonens <strong>No</strong>minees Pty Ltd<br />

LG Reference:<br />

DA12/3164<br />

Responsible Authority:<br />

<strong>City</strong> <strong>of</strong> <strong>Stirling</strong><br />

Authorising Officer:<br />

Ross Povey<br />

Director Planning and Development<br />

Application <strong>No</strong> and File <strong>No</strong>: DA12/3164<br />

Report Date: 30 January 2013<br />

Application Receipt Date: 20 December 2012<br />

Application Process Days:<br />

49 days<br />

Attachment(s): Attachment 1<br />

Development Application Plans<br />

a. Drawing SD.1.01 Table <strong>of</strong> contents date<br />

stamped 30 January 2013<br />

b. Drawing SD.1.02 Architects intent<br />

statement date stamped 30 January<br />

2013<br />

c. Drawing SD.2.01 Location Plan date<br />

stamped 30 January 2013<br />

d. Drawing SD.2.02 Existing development<br />

and surrounds date stamped 30<br />

January 2013<br />

e. Drawing SD.2.03 Existing development<br />

and surrounds date stamped 30<br />

January 2013<br />

f. Drawing SD.2.04 Site opportunities and<br />

constraints date stamped 30 January<br />

2013<br />

g. Drawing SD.2.05 Area calculations date<br />

stamped 30 January 2013<br />

h. Drawing SD.2.06 Perspectives date<br />

stamped 30 January 2013<br />

i. Drawing SD.3.01 Existing site survey<br />

date stamped 30 January 2013<br />

j. Drawing SD.3.02 Existing site<br />

demolition plan date stamped 30<br />

January 2013<br />

k. Drawing SD.3.03 Proposed site plan<br />

date stamped 30 January 2013<br />

l. Drawing SD.3.04 Lower ground floor<br />

plan date stamped 30 January 2013<br />

m. Drawing SD.3.05 Upper ground floor<br />

plan date stamped 30 January 2013<br />

Page 1


n. Drawing SD.3.06 First floor plan date<br />

stamped 30 January 2013<br />

o. Drawing SD.3.07 Office elevations date<br />

stamped 30 January 2013<br />

p. Drawing SD.3.08 Office elevations date<br />

stamped 30 January 2013<br />

q. Drawing SD.3.09 Warehouse elevations<br />

date stamped 30 January 2013<br />

r. Drawing SD.3.10 Warehouse elevations<br />

date stamped 30 January 2013<br />

s. Drawing SD.3.11 Landscaping Plan<br />

date stamped 30 January 2013<br />

t. Drawing SD.3.12 Stormwater Plan date<br />

stamped 30 January 2013<br />

Attachment 2<br />

Aerial Location Plan<br />

Attachment 3<br />

<strong>Metro</strong>politan Region Scheme (MRS) Zoning<br />

Map<br />

Attachment 4<br />

<strong>City</strong> <strong>of</strong> <strong>Stirling</strong> Local Planning Scheme <strong>No</strong>. 3<br />

(LPS3) Zoning Map<br />

Attachment 5<br />

<strong>City</strong> <strong>of</strong> <strong>Stirling</strong> Mixed Business Design<br />

Guidelines (Council Policy 4.5)<br />

Attachment 6<br />

<strong>City</strong> <strong>of</strong> <strong>Stirling</strong> Landscaping Policy (Council<br />

Policy 6.6)<br />

Attachment 7<br />

Applicant Submission<br />

Attachment 8<br />

Shawmac Transport Assessment<br />

Attachment 9<br />

<strong>City</strong> <strong>of</strong> <strong>Stirling</strong> Street Tree Policy<br />

Recommendation:<br />

That the <strong>Metro</strong> <strong><strong>No</strong>rth</strong>-<strong>West</strong> <strong>JDAP</strong> resolves to:<br />

1. Refuse DAP Application reference DA12/3164 and accompanying plans<br />

(ATTACHMENT 1) for an Office, Warehouse, Industry – Light and Restaurant<br />

Development in accordance with Clause 10.3.1 <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Stirling</strong>’s Local<br />

Planning Scheme <strong>No</strong>. 3, for the following reasons:<br />

Page 2


a. The proposed development is inconsistent with the objectives <strong>of</strong> the Mixed<br />

Business zone as defined by the <strong>City</strong> <strong>of</strong> <strong>Stirling</strong>’s Local Planning Scheme<br />

<strong>No</strong>.3;<br />

b. The proposed development is inconsistent with the objectives <strong>of</strong> the Mixed<br />

Business Design Guidelines, as prescribed by the <strong>City</strong> <strong>of</strong> <strong>Stirling</strong> Local<br />

Planning Policy 4.4 Mixed Business Design Guidelines);<br />

Background:<br />

Insert Property Address:<br />

Lot 64, House Number 216 Balcatta Road,<br />

Balcatta<br />

Insert Zoning MRS: Industrial<br />

TPS:<br />

Mixed Business<br />

Insert Use Class:<br />

Office, Restaurant, Warehouse, Industry - Light<br />

Insert Strategy Policy:<br />

<strong>No</strong>t applicable<br />

Insert Development Scheme: <strong>No</strong>t applicable<br />

Insert Lot Size: 7419m 2<br />

Insert Existing Land Use:<br />

Warehouse, Motor Vehicle Repair, Lunch Bar<br />

Value <strong>of</strong> Development:<br />

$7.2 million<br />

The subject lot is located in the local municipality <strong>of</strong> <strong>Stirling</strong>, approximately 10 km<br />

north <strong>of</strong> the Perth CBD. Balcatta Road and Natalie Way connect the subject land to<br />

the wider local and regional road network via Wanneroo Road, Erindale Road and<br />

Reid Highway. This provides access to the Mitchell Freeway which services the wider<br />

metropolitan region. (ATTACHMENT 2)<br />

The subject lots have previously been approved (subject to conditions) by the <strong>City</strong> <strong>of</strong><br />

<strong>Stirling</strong> for the following uses:<br />

• Lunch Bar - M20/754 refers<br />

• Nursery - M20/754 refers (no longer in operation)<br />

• Factory - M20/754 refers<br />

• Warehouse - M20/754 refers<br />

• Change <strong>of</strong> use to automotive repairs - DA09/<strong>23</strong>48 refers<br />

The subject lots are zoned ‘Industrial’ under the <strong>Metro</strong>politan Region Scheme (MRS)<br />

(ATTACHMENT 3) and ‘Mixed Business’ under the <strong>City</strong> <strong>of</strong> <strong>Stirling</strong>’s Local Planning<br />

Scheme <strong>No</strong>. 3 (LPS3) (ATTACHMENT 4).<br />

LPS3 provides the following objectives for the Mixed Business zone:<br />

a) To facilitate a development mix <strong>of</strong> showrooms and service industry <strong>of</strong> a higher<br />

aesthetic quality located on major traffic routes.<br />

b) To provide a more intense commercial business development form within<br />

established industrial areas <strong>of</strong> the <strong>City</strong>.<br />

c) To ensure that traffic management, road safety, site access, onsite parking,<br />

building design and streetscape appearance are not compromised.<br />

Page 3


The <strong>City</strong> <strong>of</strong> <strong>Stirling</strong>’s Mixed Business Design Guidelines (Local Planning Policy 4.4),<br />

herein referred to as the ‘Mixed Business Design Guidelines’, (ATTACHMENT 5)<br />

provide specific development provisions to guide development within the Mixed<br />

Business zone, referred to further in this report.<br />

The Mixed Business Design Guidelines contain the following objectives:<br />

a) To facilitate a development mix <strong>of</strong> showrooms and service industry <strong>of</strong> a higher<br />

aesthetic quality located on major traffic routes.<br />

b) To provide a more intense commercial business development form within<br />

established industrial areas <strong>of</strong> the <strong>City</strong>.<br />

c) To ensure that the Mixed Business areas are accessible by all modes <strong>of</strong><br />

transport.<br />

d) To create attractive and well maintained landscaped areas between the<br />

setback line and the street; and<br />

e) To ensure that buildings facing the street maintain an attractive façade that<br />

enhances the amenity <strong>of</strong> the streetscape.<br />

Summary <strong>of</strong> development application (DA12/3164)<br />

The application proposes development <strong>of</strong> the subject lots for the purpose <strong>of</strong> a mixed<br />

commercial development, with Office and Industry –Light being the predominant<br />

uses. The development is summarised in the table below:<br />

Development Application DA12/0916<br />

Height<br />

Parking<br />

2 storeys plus and basement car park<br />

148 car bays both undercover and unro<strong>of</strong>ed<br />

200 bicycle parking bays provided in the basement car park<br />

Land uses<br />

Restaurant – 85m 2 gross floor area (GFA) on ground floor<br />

Legislation & policy:<br />

Alfresco area to Restaurant – 38m 2 GFA<br />

Office – 2583m 2 GFA on ground floor and upper floor<br />

Warehouse – 900m 2 GFA on ground floor<br />

Industry – Light - 2111m 2 GFA on ground floor<br />

Legislation<br />

• Planning and Development Act 2005<br />

• <strong>Metro</strong>politan Region Scheme (MRS)<br />

• Local Planning Scheme <strong>No</strong>. 3 (LPS3)<br />

State Government Policies<br />

Nil<br />

Local Policies<br />

Page 4


The following Local Planning Polices are applicable to the development:<br />

• Council Policy 4.4 – Mixed Business Design Guidelines<br />

• Council Policy 6.2 – Bicycle Parking<br />

• Council Policy 6.3 – Bin Storage<br />

• Council policy 6.6 - Landscaping<br />

• Council Policy 6.7 – Parking<br />

Consultation:<br />

Public Consultation<br />

Public consultation was not undertaken as part <strong>of</strong> the assessment.<br />

Consultation with other Agencies or Consultants<br />

Consultation with other agencies was not undertaken as part <strong>of</strong> the assessment.<br />

Planning assessment:<br />

The development has been assessed against the <strong>City</strong> <strong>of</strong> <strong>Stirling</strong>’s Local Planning<br />

Scheme <strong>No</strong>. 3 (LPS3) and relevant local planning policies. It should be noted that<br />

LPS3 provides guidance in respect to zoning and objectives <strong>of</strong> zones, however, more<br />

specific development standards are provided in relevant local planning policies.<br />

The proposed development requires a discretionary decision to be made in respect<br />

to a number <strong>of</strong> matters, including:<br />

• Proposed uses<br />

• Building setback<br />

• Landscaping<br />

The table below outlines the proposal’s compliance with the development standards<br />

<strong>of</strong> the Guidelines.<br />

Element<br />

Satisfies<br />

Scheme/<br />

Policy<br />

OR<br />

Variation<br />

Required<br />

Comment<br />

1 BUILT FORM AND DESIGN<br />

Street setbacks<br />

1.5m landscaping strip on<br />

all street frontages; and<br />

20.0m building setback on<br />

primary street frontages*<br />

* Secondary Street<br />

setbacks may be reduced<br />

to 6.0m on lots less than<br />

2000m² in area.<br />

<br />

The subject application proposes a<br />

6.0m setback to the proposed<br />

basement car parking. This is<br />

discussed further in the comment<br />

section below.<br />

Street Façade<br />

The Street façade shall be<br />

articulated to break-up<br />

<br />

The proposed development<br />

provided openings, the use <strong>of</strong><br />

Page 5


Element<br />

Satisfies<br />

Scheme/<br />

Policy<br />

OR<br />

Variation<br />

Required<br />

Comment<br />

straight plain facades<br />

through the use <strong>of</strong> at<br />

least three <strong>of</strong> the following:<br />

Openings;<br />

Awnings over windows;<br />

Use <strong>of</strong> different colours<br />

and textures; or<br />

Indentations and<br />

extrusions with details to<br />

break the building into<br />

individual elements. The<br />

facades <strong>of</strong> buildings facing<br />

the street shall be<br />

constructed <strong>of</strong> brick, stone,<br />

glass or painted<br />

or rendered concrete;<br />

Alternative materials may<br />

be approved for the portion<br />

<strong>of</strong> the facade above 3.6m<br />

from the<br />

ground level; and<br />

The use <strong>of</strong> taller parapets<br />

and/or awnings is<br />

encouraged above the<br />

entrance <strong>of</strong> buildings to<br />

clearly identify the entry<br />

point;<br />

Corner Sites<br />

Buildings located on corner<br />

sites are encouraged to<br />

give additional prominence<br />

to the street corner<br />

by using landmark features<br />

such as:<br />

Architectural ro<strong>of</strong> features<br />

that protrude above the<br />

normal ro<strong>of</strong> line;<br />

Increased parapet heights<br />

with additional detail,<br />

colour and textures; and<br />

Increase the number <strong>of</strong><br />

storeys at the street<br />

corner.<br />

Ro<strong>of</strong> Features<br />

Developments above 6<br />

storeys in height shall<br />

include distinguishable<br />

ro<strong>of</strong>ing to a height <strong>of</strong> 3<br />

metres and above from the<br />

highest point <strong>of</strong> the wall to<br />

which it relates and which<br />

is in proportion to the scale<br />

<strong>of</strong> the building.<br />

Multi-storey car parks<br />

different colours and textures and<br />

indentations and extrusions to the<br />

building. Materials proposed are<br />

acceptable.<br />

<br />

This provision encourages<br />

buildings located on street corners<br />

to provide additional prominence to<br />

the street corner. Whilst the<br />

development has not provided an<br />

additional storey at the street<br />

corner, they have provided a<br />

higher parapet at the corner <strong>of</strong> the<br />

building. The design provides an<br />

architectural feature that protrudes<br />

above the normal ro<strong>of</strong> line and<br />

includes different colours and<br />

textures. The proposed<br />

development is considered to meet<br />

the objectives <strong>of</strong> this provision.<br />

<br />

Development is not above 6<br />

storeys – N/A.<br />

Page 6


Element<br />

Satisfies<br />

Scheme/<br />

Policy<br />

OR<br />

Variation<br />

Required<br />

Comment<br />

Stand alone multi-storey<br />

car parks shall not be<br />

visible from the street and<br />

shall be located behind<br />

buildings. Multistorey car<br />

parks included within the<br />

main building shall be<br />

screened/treated so as to<br />

provide a seamless<br />

appearance between the<br />

car park and other floors.<br />

Designers are to provide<br />

ground level awnings and<br />

landscaping in order to<br />

s<strong>of</strong>ten the visual impact <strong>of</strong><br />

these structures in<br />

line with the provisions<br />

applying to building<br />

facades, above.<br />

2 STREETSCAPE RELATIONSHIP<br />

<br />

Multi- storey car park is not<br />

proposed – N/A.<br />

Activity and uses<br />

Showroom and other<br />

active commercial uses<br />

shall be located on the<br />

ground floor level; and<br />

Office and other non-active<br />

uses shall be located on<br />

upper levels.<br />

<br />

The proposed development<br />

incorporates a café and <strong>of</strong>fice on<br />

the ground floor and an <strong>of</strong>fice on<br />

the upper floor. Land uses are<br />

discussed further in the comment<br />

section below.<br />

Use <strong>of</strong> setback area<br />

Setbacks shall not be used<br />

for the parking <strong>of</strong> vehicles<br />

that are being wrecked or<br />

repaired, the<br />

storage <strong>of</strong> materials,<br />

products, by-products or<br />

wastes or the storage <strong>of</strong><br />

fuel, except in<br />

underground tanks; and<br />

The primary and<br />

secondary setback areas<br />

(excluding the landscaping<br />

strip) shall only be used<br />

for the parking <strong>of</strong> vehicles,<br />

loading/unloading, trade<br />

display, landscaping and<br />

access, and not<br />

for the storage <strong>of</strong><br />

materials.<br />

Fencing & Gates<br />

Fencing in the Street<br />

Setback Area<br />

Shall not be permitted.<br />

<br />

The setbacks areas are only<br />

proposed to be used for car<br />

parking and landscaping.<br />

Complies.<br />

<br />

<strong>No</strong> fencing is proposed within the<br />

street setback area. The service<br />

areas are appropriately screened<br />

Page 7


Element<br />

Satisfies<br />

Scheme/<br />

Policy<br />

OR<br />

Variation<br />

Required<br />

Comment<br />

Fencing Behind the<br />

Setback Line<br />

Solid fencing up to a height<br />

<strong>of</strong> 2.0 metres;<br />

Fencing up to a maximum<br />

height <strong>of</strong> 2.5m (measured<br />

from natural ground level),<br />

provided that<br />

any fencing above 2.0m is<br />

<strong>of</strong> an open-style. Barbed,<br />

razor or electric wire can<br />

be considered<br />

behind the building setback<br />

line, but must be mounted<br />

on the inside <strong>of</strong> the fence,<br />

so as not to<br />

be significantly visible from<br />

the street. Electric fencing<br />

must display appropriate<br />

warning and<br />

otherwise comply with all<br />

relevant legislation and<br />

standards.<br />

Service yards visible from<br />

a street must be<br />

adequately screened.<br />

<strong>No</strong>n Permitted Fencing<br />

Materials<br />

The use <strong>of</strong> fibre-cement<br />

and timberlap is not<br />

supported, in view <strong>of</strong> the<br />

inherent proneness to<br />

damage to these materials<br />

in an industrial<br />

environment.<br />

Fencing on Sites Abutting<br />

<strong>No</strong>n - Industrial Lots<br />

Fencing shall comply with<br />

the standard fencing<br />

requirement <strong>of</strong> the use<br />

abutting the site.<br />

Landscaping<br />

In the Balcatta Precinct<br />

and the Mixed Business<br />

zone, a minimum <strong>of</strong> onesixth<br />

<strong>of</strong> the gross site area<br />

shall be landscaped.<br />

Landscaping should be<br />

provided primarily as<br />

buffers to adjacent<br />

properties, and along the<br />

street boundary;<br />

A minimum <strong>of</strong> 1 tree per 6<br />

bays (Minimum 45 litre for<br />

exotics and 11 litre for<br />

from the street. The applicant is<br />

proposing a portion <strong>of</strong> fencing in<br />

excess <strong>of</strong> 2.0m behind the setback<br />

line. This is discussed further in<br />

the comment section <strong>of</strong> this report.<br />

<br />

The proposed landscaping plan<br />

provides the required 6.0m and<br />

1.5m landscaping strips along the<br />

street frontages. The landscaping<br />

plan does not provide one tree for<br />

every 6 bays and only provides 8%<br />

landscaping in lieu <strong>of</strong> the 1/6 <strong>of</strong> the<br />

site required (~16.6% <strong>of</strong> the site).<br />

This is discussed in the comment<br />

section below.<br />

Page 8


Element<br />

Satisfies<br />

Scheme/<br />

Policy<br />

OR<br />

Variation<br />

Required<br />

Comment<br />

natives) is required in open<br />

parking areas;<br />

In the Balcatta Precinct<br />

and the Mixed Business<br />

zone, a minimum<br />

landscaping strip <strong>of</strong> 6m<br />

wide along a primary road<br />

and 1.5m wide along a<br />

secondary road shall be<br />

provided, primarily as<br />

planting bed.<br />

Levels<br />

On sloping sites new<br />

developments shall be<br />

stepped so as to avoid<br />

large differences between<br />

the footpath level and the<br />

finished level <strong>of</strong> the<br />

building; and<br />

Filling up to 1000mm shall<br />

be permitted.<br />

<br />

<strong>No</strong> fill over 1.0m is proposed.<br />

Weather Protection<br />

An awning shall be<br />

provided along the<br />

frontage <strong>of</strong> all buildings<br />

facing the primary street<br />

covering<br />

the 1.5m wide footpath in<br />

order to afford weather<br />

protection for pedestrians.<br />

<br />

<strong>No</strong> footpaths are adjoining the lot –<br />

N/A.<br />

3 ACCESS AND CAR PARKING<br />

Vehicle Access<br />

All vehicle movements<br />

shall be able to enter and<br />

exit the site in a forward<br />

gear;<br />

<br />

Complies.<br />

Pedestrian Access<br />

Pedestrian access, in the<br />

form <strong>of</strong> a footpath, shall be<br />

provided from the parking<br />

area to the<br />

entry point <strong>of</strong> the proposed<br />

development.<br />

<br />

Pedestrian access has been<br />

provided from the parking area to<br />

the entry point <strong>of</strong> the development.<br />

Crossovers<br />

A maximum <strong>of</strong> two<br />

crossovers shall be<br />

permitted on any one site<br />

(i.e. one for entry and one<br />

for<br />

exiting).<br />

<br />

Two proposed, complies.<br />

Page 9


Element<br />

Satisfies<br />

Scheme/<br />

Policy<br />

OR<br />

Variation<br />

Required<br />

Comment<br />

Development to avoid<br />

street trees<br />

<br />

The application proposes the<br />

removal <strong>of</strong> two street trees. This is<br />

discussed further in the comment<br />

section <strong>of</strong> the report.<br />

Design <strong>of</strong> parking bays<br />

Parking bays shall be<br />

designed in accordance<br />

with the relevant Australian<br />

Standard.<br />

Bin storage areas<br />

Shall be in accordance<br />

with the <strong>City</strong>’s Bin Storage<br />

Area Policy.<br />

<br />

Complies.<br />

<br />

Compliant bin storage areas have<br />

been provided.<br />

Land Use<br />

The subject lot is zoned ‘Industrial’ under the <strong>Metro</strong>politan Region Scheme (MRS)<br />

and ‘Mixed Business’ under the <strong>City</strong> <strong>of</strong> <strong>Stirling</strong>’s Local Planning Scheme <strong>No</strong>. 3<br />

(LPS3). The applicant has provided the following information with respect to the<br />

proposed use:<br />

“The proposed development aims to accommodate an established national and<br />

international engineering services company and its expanding operations. The<br />

company seeks to relocate their operations from an existing facility in Osborne Park<br />

to Balcatta where the premises will serve as their head <strong>of</strong>fice for national and global<br />

operations, <strong>of</strong>fering services to the mineral and mining exploration industry. The<br />

company has a presence in all significant mining and exploration regions, and<br />

provides innovative drilling fluids and advanced downhole survey instrumentation to<br />

the mining, waterwell, oil and gas, horizontal directional drilling (HDD) and civil<br />

engineering industries worldwide.”<br />

The Mixed Business Design Guidelines state:<br />

• Showroom and other active commercial uses shall be located on the ground<br />

floor level; and<br />

• Office and other non-active uses shall be located on upper levels.<br />

The elevation facing Balcatta road proposed proposes a café and <strong>of</strong>fice on the<br />

ground floor. The elevation facing Natalie Way proposes industry - light, <strong>of</strong>fice and<br />

café on the ground floor. The percentage <strong>of</strong> the frontage each usage occupies is<br />

detailed in the table below:<br />

Frontage Use Percentage Total compliant Total non<br />

compliant<br />

Balcatta Road Café 16.7% 16.7% 83.3%<br />

Office 83.3%<br />

Natalie Way Café 20% 20% 80%<br />

Office 28.2%<br />

Industry – Light 52.8%<br />

Page 10


As outlined above, the majority <strong>of</strong> the two frontages are occupied by ‘non-active<br />

uses’. Any variation to the guidelines needs to be considered against the objectives<br />

<strong>of</strong> the guidelines, which requires development:<br />

- To provide a more intense commercial business development form within<br />

established industrial areas <strong>of</strong> the <strong>City</strong>.<br />

- To ensure that the Mixed Business areas are accessible by all modes <strong>of</strong><br />

transport.<br />

- To create attractive and well maintained landscaped areas between the<br />

setback line and the street; and<br />

- To ensure that buildings facing the street maintain an attractive façade that<br />

enhances the amenity <strong>of</strong> the streetscape.<br />

The applicant has stated there are a number <strong>of</strong> <strong>of</strong>fice developments along Balcatta<br />

Road and that this development would be consistent with the existing land use<br />

pattern along Balcatta Road. Whilst this is noted, the majority <strong>of</strong> these developments<br />

were approved prior to the Mixed Business zoning coming into place. Under District<br />

Planning Scheme <strong>No</strong>.2, which was replaced by Local Planning Scheme <strong>No</strong>.3 which<br />

was gazetted on the 6 August 2010. As with any zoning and policy transition, it can<br />

be expected that there may be a conflict between existing uses and new<br />

development.<br />

The applicant cites a recent development approval at <strong>23</strong>1 Balcatta Road which was<br />

permitted to have <strong>of</strong>fice on the ground floor. However it is contended that the<br />

circumstances surrounding that application were different in that the application<br />

proposed the refurbishment <strong>of</strong> the existing building, as opposed to a new building, as<br />

is the case in this instance. The existing showroom tenancies that had been<br />

approved on the ground floor are no longer feasible as showroom tenancies given<br />

their small size and low ceiling heights. The subject application is a new development<br />

and it the development ought to comply with the provisions <strong>of</strong> the Mixed Business<br />

Design Guidelines and the intentions <strong>of</strong> the current zoning.<br />

The applicant further contends that the provision <strong>of</strong> a café at the corner <strong>of</strong> the<br />

development provides the active use that the Mixed Business Design Guidelines<br />

seek. Whilst this is acknowledged, this accounts for only a small part <strong>of</strong> the total<br />

frontage. The applicant believes that the topography <strong>of</strong> the site limits any potential<br />

interaction with the street, whereby the ground floor <strong>of</strong> the building is already located<br />

above the street level and therefore the development should not need to strictly<br />

adhere to the requirements <strong>of</strong> the guidelines. The <strong>City</strong> does not consider that the<br />

level difference means this requirement should not be achieved as interaction would<br />

still be possible. The applicant argues that the overall design <strong>of</strong> the building should<br />

be considered on the merits <strong>of</strong> its overall design and function and that the glazing<br />

along the street frontages will provide an active interface between the <strong>of</strong>fice use and<br />

the street.<br />

LPS3 provides the following objectives for the ‘Mixed Business’ zone:<br />

a) To facilitate a development mix <strong>of</strong> showrooms and service industry <strong>of</strong> a higher<br />

aesthetic quality located on major traffic routes.<br />

b) To provide a more intense commercial business development form within<br />

established industrial areas <strong>of</strong> the <strong>City</strong>.<br />

c) To ensure that traffic management, road safety, site access, onsite parking,<br />

building design and streetscape appearance are not compromised.<br />

Page 11


It is considered that the application meets objective b, as the proposal will provide for<br />

a more intense commercial business development form, within an established<br />

industrial area. Traffic management is discussed further in the parking section <strong>of</strong> this<br />

report and is considered to be acceptable. In addition the high quality <strong>of</strong> the design <strong>of</strong><br />

the building will ensure that streetscape appearance is not compromised. The<br />

proposal however does not meet objective a which seeks a development mix <strong>of</strong><br />

showrooms and service industry, given that these uses are not proposed as part <strong>of</strong><br />

this development.<br />

The proposed development has been considered on its individual merit and against<br />

the objectives <strong>of</strong> the guidelines. The proposal is considered to meet 4 out <strong>of</strong> the 5<br />

objectives <strong>of</strong> the zone, as per the table below:<br />

Objective<br />

To facilitate a development<br />

mix <strong>of</strong> showrooms and<br />

service industry <strong>of</strong> a higher<br />

aesthetic quality<br />

located on major traffic<br />

routes.<br />

To provide a more intense<br />

commercial business<br />

development form within<br />

established industrial<br />

areas <strong>of</strong> the <strong>City</strong>.<br />

To ensure that the Mixed<br />

Business areas are<br />

accessible by all modes <strong>of</strong><br />

transport.<br />

To create attractive and well<br />

maintained landscaped areas<br />

between the setback line and<br />

the<br />

street<br />

To ensure that buildings<br />

facing the street maintain an<br />

attractive façade that<br />

enhances the<br />

amenity <strong>of</strong> the streetscape<br />

<strong>No</strong> showrooms or service<br />

industry proposed as part<br />

<strong>of</strong> the development. Given<br />

the proposal will service<br />

one tenant and also<br />

include a café, it cannot be<br />

argued that this objective<br />

has been met.<br />

The proposal will provide a<br />

more intense commercial<br />

business form in an<br />

established industrial area.<br />

The applicant has<br />

provided compliant car<br />

parking bays, provided<br />

more bicycle bays then<br />

required and provided end<br />

<strong>of</strong> trip facilities.<br />

The proposed design is<br />

considered to be <strong>of</strong> a high<br />

aesthetic quality and<br />

proposes high quality<br />

landscaping.<br />

The proposed design is<br />

considered to be <strong>of</strong> a high<br />

aesthetic quality and<br />

proposes high quality<br />

landscaping which will<br />

enhance the amenity <strong>of</strong><br />

the street.<br />

Complies<br />

<strong>No</strong><br />

Yes<br />

Yes<br />

Yes<br />

Yes<br />

It is considered that a variation to the development requirements <strong>of</strong> the Mixed<br />

Business Design Guidelines in respect to the ground floor <strong>of</strong>fice and industry - light<br />

component <strong>of</strong> the development should not be supported in this instance as it does<br />

not meet the objectives <strong>of</strong> the policy, nor the objectives for the zone.<br />

Parking<br />

The <strong>City</strong> <strong>of</strong> <strong>Stirling</strong>’s Parking and Access Policy (Local Planning Policy 6.7), herein<br />

referred to as the Parking Policy, provides the relevant development standards for<br />

Page 12


the number <strong>of</strong> car parking bays required for a particular use. In relation to the uses<br />

proposed as part <strong>of</strong> this development, the following ratios are applicable:<br />

• Industry – Light - 1 bay per 50m 2 <strong>of</strong> gross floor area (GFA)<br />

• Warehouse - 1 bay per 50m 2 <strong>of</strong> gross floor area (GFA)<br />

• Restaurant - 1 bay per 7m 2 <strong>of</strong> gross floor area (GFA)<br />

• Alfresco Dining - 1 bay per 14m 2 <strong>of</strong> gross floor area (GFA)<br />

• Office - 1 bay per 30m 2 <strong>of</strong> gross floor area (GFA)<br />

Furthermore, in accordance with the Parking and Access Policy, development on the<br />

site is permitted a 10% parking concession as the site has provided more bicycle<br />

parking bays than required and end <strong>of</strong> trip facilities.<br />

Subsequently, parking for the proposed development is summarised in the table<br />

below:<br />

USE POLICY PROVISION VARIABLE (m 2 ) BAYS REQUIRED<br />

Restaurant (Café) 1 bay per 7m 2 GFA 85.44 12.21<br />

Alfresco dining 1 bay per 14m 2 GFA 38 2.71<br />

Office 1 bay per 30m 2 GFA 2598.51 86.62<br />

Industry – Light 1 bay per 50m 2 GFA 2125.52 42.52<br />

Warehouse 1 bay per 50m 2 GFA 898.73 17.97<br />

TOTAL 162.02 (162)<br />

Concessions 10%<br />

Revised total 145.82 (146)<br />

Provided 147<br />

Surplus/Deficit +1<br />

The table demonstrates that the proposal has an onsite car parking surplus <strong>of</strong> 1 bay.<br />

For developments with more than 50 parking spaces, The Parking and Access Policy<br />

requires a full Transport Assessment (technical report) to be submitted. A full<br />

Transport Assessment has been prepared by Shawmac (ATTACHMENT 8) and<br />

submitted as part <strong>of</strong> the development application. The report was referred to the <strong>City</strong><br />

<strong>of</strong> <strong>Stirling</strong>’s Engineering Design Business Unit who provided the following comments:<br />

• The development is expected to generate in the order <strong>of</strong> 491 daily trips and 64<br />

peak hour trips. The <strong>City</strong> agrees with the trips rates utilised to calculate the<br />

expected number <strong>of</strong> trips to be generated. The additional trips generated by the<br />

development can be safely accommodated within the existing configuration and<br />

geometry <strong>of</strong> Balcatta Road and Natalie Way.<br />

• The additional trips generated by the development will not adversely impact on<br />

queues and delays at the adjacent signalised intersection <strong>of</strong> Balcatta Road and<br />

Natalie Way.<br />

• The development proposes to provide 148 parking bays, including 4 disabled<br />

bays. If a 10% parking concession is granted on the grounds <strong>of</strong> end-<strong>of</strong>-trip<br />

facilities, the proposed number <strong>of</strong> bays exceeds the required provision in the<br />

<strong>City</strong>’s Parking Policy.<br />

In general, the report demonstrates that the proposed development is not expected<br />

to have an adverse impact on the safety, efficiency and operation <strong>of</strong> the adjacent<br />

local road network, and traffic issues should not form an impediment to the approval<br />

<strong>of</strong> this development.”<br />

Page 13


Landscaping<br />

The <strong>City</strong>’s Local Planning Policy <strong>No</strong>. 6.6 - Landscaping (ATTACHMENT 6) requires<br />

that:<br />

- “In the Balcatta Precinct and the Mixed Business zone, a minimum <strong>of</strong> onesixth<br />

<strong>of</strong> the gross site area shall be landscaped. Landscaping should be<br />

provided primarily as buffers to adjacent properties, and along the street<br />

boundary;<br />

- A minimum <strong>of</strong> 1 tree per 6 bays (Minimum 45 litre for exotics and 11 litre for<br />

natives) is required in open parking areas;<br />

- In the Balcatta Precinct and the Mixed Business zone, a minimum<br />

landscaping strip <strong>of</strong> 6m wide along a primary road and 1.5m wide along a<br />

secondary road shall be provided, primarily as planting bed.”<br />

In relation to the requirement for one tree every 6 bays for open parking areas, the<br />

applicant has advised that they will be provided 26 trees over 3.0m in height in the<br />

landscaped areas. 55 <strong>of</strong> the bays will be under cover, leaving 92 bays open to the<br />

sun. If we were to consider that 92 unro<strong>of</strong>ed bays would equate to approximately 15<br />

trees (at a ratio <strong>of</strong> one tree every six (6) bays), the actual number <strong>of</strong> trees provided<br />

on site which is 26, is more than the required amount. The variation is considered to<br />

be acceptable given that more trees are being provided on site as a whole when<br />

compared to the compliant requirements. Although the trees will not shade and<br />

provide visual relief between all the bays, a sufficient number <strong>of</strong> the bays will benefit<br />

from the location <strong>of</strong> the trees. This variation is considered to be acceptable.<br />

In relation to the proposed percentage <strong>of</strong> landscaping, the proposed landscaping is<br />

approximately half <strong>of</strong> what is required by the <strong>City</strong>’s Landscaping Policy. Any<br />

variations to this policy need to be considered against the objective <strong>of</strong> the policy<br />

which state:<br />

- To promote improved landscaping provision and design;<br />

- To improve the visual appeal <strong>of</strong> development, screen service areas and<br />

provide a buffer to boundaries;<br />

- To provide shade and ‘green relief’ in built up areas; and<br />

- To promote more environmentally sustainable landscaping.<br />

In considering the landscaping plan provided, the primary landscaped area is<br />

adjacent to the property boundary, facing Balcatta Road. Given that a large amount<br />

<strong>of</strong> trees are proposed, it is considered that as viewed from Balcatta Road, the<br />

proposed landscaping would provide shade and green relief in a built up area. The<br />

use <strong>of</strong> larger trees within the street setbacks will also improve the visual appeal <strong>of</strong> the<br />

development and provide a buffer between the street and the development. The<br />

landscaped areas included grass, shrubs and trees which will provide for varied and<br />

attractive landscaped areas. This variation is considered to be acceptable.<br />

Building setback<br />

The Mixed Business Design Guidelines state that a minimum 20.0m setback is<br />

required to the building on all primary setback frontages and that the setback area is<br />

only to be used for parking and landscaping areas. In this instance the buildings are<br />

maintained at the required setback, however the basement car park is setback 6.0m<br />

from the street, with an open car parking area over the top. The basement parking<br />

area will only be partially visible from the street. As viewed from the street, the 20.0m<br />

Page 14


setback area will only be used for landscaping and car parking and it is considered<br />

that the intention <strong>of</strong> the policy provision is achieved.<br />

Street Trees<br />

The application proposed the removal <strong>of</strong> an existing street tree, as it conflicts with the<br />

proposed crossover location. The <strong>City</strong>’s Street Tree Policy (ATTACHMENT 9)<br />

requires that:<br />

The <strong>City</strong> will not remove street trees except where retention is considered<br />

undesirable or unreasonable, such as where: exceptional circumstances exist<br />

relating to public risk and safety; the tree species is not an approved variety and is<br />

not acceptable to the <strong>City</strong>; or the tree precludes redevelopment <strong>of</strong> an adjoining site,<br />

with no other reasonable alternative to removal.<br />

The application was referred to the <strong>City</strong>’s Parks and Reserves Business Unit for<br />

comment who have advised the following:<br />

• The tree in question is a mature Rose Gum or Eucalyptus Grandis.<br />

• There are two (2) Rose Gums located within the road reserve adjacent to Lot<br />

64<br />

• Street trees are to be retained in all circumstances. However where trees are<br />

poor <strong>of</strong> health, structure or measured as high risk due to position and nature<br />

they might then be considered for removal and replacement.<br />

• The proposed landscape plan has nominated tree species, shrubs and<br />

groundcover to be planted within the property but does not show the<br />

remaining Rose Gum within the verge.<br />

• Using the pictures provided it shows the Rose gum situated on the left as you<br />

face the property to have an included union approximately 3m from the<br />

ground. It also shows a secondary branch having died and is poorly attached.<br />

There are several occluding stubs along the apical stems indicating where<br />

other branches have failed or have been removed over its lifetime. The<br />

second tree to the right <strong>of</strong> the target tree is approximately 22m in height and<br />

width also with recent and aged faults apparent along its apical stems.<br />

Although structurally well balanced a majority <strong>of</strong> the canopy forms over the<br />

development site.<br />

• These Rose gums were planted in an era where the local’s habits were to<br />

plant anything other than native flora (1970’s) hence an overwhelming<br />

presence <strong>of</strong> eastern state and exotic trees in WA and Perth metropolitan<br />

areas.<br />

• The tree in question is <strong>of</strong> poor structure and health. Removal can be justified<br />

for this reason, however due respect might also be made to the larger tree as<br />

to how its form and nature might impact upon the proposed site and design.<br />

Or if retained a condition to impose strict protection conditions upon the<br />

application be made.<br />

• The <strong>City</strong> requires all approved tree removals to be undertaken by a <strong>City</strong> tree<br />

contractor. Payment for this process is to be made at the <strong>City</strong>’s Administration<br />

centre before any work is undertaken.<br />

• An estimate <strong>of</strong> the cost for the tree work will be supplied by the Parks and<br />

Reserves Business unit to the respective Planning Officer.<br />

• Replacement planting is a natural consequence <strong>of</strong> tree removal in an effort to<br />

<strong>of</strong>fset the trees loss.<br />

• A condition to make allowances for tree/s must be included and the cost to<br />

plant is the applicant’s responsibility.<br />

Page 15


The tree in question is <strong>of</strong> poor health and the removal <strong>of</strong> the tree can be justified on<br />

this basis, in accordance with the provisions <strong>of</strong> the <strong>City</strong>’s Street Tree Policy. In<br />

addition the second street tree which is not in the way <strong>of</strong> the existing crossover, is<br />

also recommended to be removed. This is because the <strong>City</strong>’s Parks and Reserves<br />

Business unit have advised that the canopy and roots extends into the development<br />

site. Upon development <strong>of</strong> the site, the tree would not survive the damage caused to<br />

it by the development <strong>of</strong> the site and a result would begin to decline and would<br />

eventually drop its limbs (as this species is known to drop limbs when in stress).<br />

Given the potential safety hazard posed by the retention <strong>of</strong> this tree and development<br />

<strong>of</strong> the site, this tree would also be required to be removed as part <strong>of</strong> this proposed<br />

development.<br />

The removal <strong>of</strong> the two trees is conditional upon the applicant/owner bearing all costs<br />

associated with the removal and replacement <strong>of</strong> these trees. The <strong>City</strong> would<br />

undertake the work required at the owner/applicants cost. The <strong>City</strong> would<br />

recommend the replacement <strong>of</strong> the two existing street trees with five new trees. The<br />

reason for this is that the removal <strong>of</strong> two existing mature trees which are both in<br />

excess <strong>of</strong> 20m high, cannot be <strong>of</strong>fset by the planting <strong>of</strong> only two new trees. The<br />

replacement <strong>of</strong> five new trees would contribute to <strong>of</strong>fsetting the loss <strong>of</strong> these existing<br />

mature trees.<br />

Fencing<br />

The applicant is proposing a 2.1m - 3.0m high wall adjacent to the service area and<br />

bin store area. Given this wall will serve the purpose <strong>of</strong> screening the service and bin<br />

store areas, rather than simply acting as a dividing fence, the proposal is considered<br />

to be acceptable. Furthermore, the applicant would be permitted the extend the<br />

building as a two storey parapet wall if they chose to, which would add more bulk<br />

than the current proposal. The proposed wall is considered to be an extension <strong>of</strong> the<br />

building, rather than a typical dividing fence and it is considered that the intent <strong>of</strong> this<br />

policy provision is achieved.<br />

Conclusion:<br />

It is contended that the proposal does not comply with the following policy objective:<br />

To facilitate a development mix <strong>of</strong> showrooms and service industry <strong>of</strong> a higher<br />

aesthetic quality located on major traffic routes.<br />

Furthermore, the objectives for the zone state:<br />

a) To facilitate a development mix <strong>of</strong> showrooms and service industry <strong>of</strong> a higher<br />

aesthetic quality located on major traffic routes.<br />

A two storey development is proposed, plus a basement car parking, consisting <strong>of</strong><br />

Restaurant (café), Industrial – light, warehouse and <strong>of</strong>fice uses. The applicant<br />

believes they comply with the objectives <strong>of</strong> the Mixed Business Design Guidelines.<br />

The applicant has stated there are a number <strong>of</strong> <strong>of</strong>fice development along Balcatta<br />

Road. The majority <strong>of</strong> these developments were approved prior to the Mixed<br />

Business zoning coming into place. The applicant specifically sites a recent<br />

development approval at <strong>23</strong>1 Balcatta Road which was permitted to have <strong>of</strong>fice on<br />

the ground floor. However it is contended that the circumstance surrounding that<br />

application were different in that the application proposed the refurbishment <strong>of</strong> the<br />

Page 16


existing building. The existing showroom tenancies that had been approved on the<br />

ground floor are no longer feasible as showroom tenancies given their small size and<br />

low ceiling heights. The subject application is a new development and it is<br />

reasonable for the development to comply with the provisions <strong>of</strong> the Mixed Business<br />

Design Guidelines.<br />

The <strong>City</strong> does not support the proposed land use as it does not meet the provisions<br />

<strong>of</strong> the guidelines as it does not provide an active frontage. The proposed<br />

development has been considered on its individual merit. A number <strong>of</strong> discretionary<br />

decisions are required to be made and, in some instances, these discretionary<br />

decisions have a favourable recommendation.<br />

<strong>No</strong>twithstanding the above, it is considered that a variation to the development<br />

requirements <strong>of</strong> the Mixed Business Design Guidelines in respect to the ground floor<br />

<strong>of</strong>fice and industry - light component <strong>of</strong> the development not be supported in this<br />

instance as it does not meet the objectives <strong>of</strong> the policy, nor the objectives for the<br />

zone.<br />

In view <strong>of</strong> the above, the application is recommended for refusal for the reasons<br />

outlined.<br />

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ATTACHMENT 1 - Development Application Plans<br />

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ATTACHMENT 2 - Aerial Location Plan<br />

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ATTACHMENT 3 - <strong>Metro</strong>politan Region Scheme (MRS) Zoning Map<br />

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ATTACHMENT 4 - <strong>City</strong> <strong>of</strong> <strong>Stirling</strong> Local Planning Scheme <strong>No</strong>. 3 (LPS3) Zoning Map<br />

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ATTACHMENT 5 -<br />

<strong>City</strong> <strong>of</strong> <strong>Stirling</strong> Mixed Business Design Guidelines<br />

(Council Policy 4.5)<br />

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ATTACHMENT 6 - <strong>City</strong> <strong>of</strong> <strong>Stirling</strong> Landscaping Policy (Council Policy 6.6)<br />

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ATTACHMENT 7 - Applicant Submission<br />

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ATTACHMENT 8 - Shawmac Transport Assessment<br />

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ATTACHMENT 9 – <strong>City</strong> <strong>of</strong> <strong>Stirling</strong> Street Tree Policy<br />

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