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minutes - City of Stirling

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MINUTES OF THE ORDINARY MEETING OF COUNCIL<br />

18 SEPTEMBER 2012<br />

It is envisaged that the extensions would be designed as a feature pod building clearly<br />

identifiable from the freeway/railway systems and the realigned Oswald Street as a<br />

landmark building within the Centre, with <strong>of</strong>fices or residential components constructed<br />

above retail facilities, and improvements undertaken to the external facades <strong>of</strong> the<br />

existing Centre to provide opportunities for additional strip shopping located along the<br />

primary pedestrian axis.<br />

With changing retail hours and shopping trends, the potential exists to create a major<br />

after hours retail focus linking the Railway Station (and development to the north) to<br />

restaurant and cinema development south <strong>of</strong> Scarborough Beach Road.<br />

In recognition <strong>of</strong> resident concerns, existing remnant vegetation should be<br />

incorporated into the design (and into the landscaped buffer areas) where possible.<br />

Group housing up to R60 density is also required as a transitional buffer between the<br />

proposed retail facilities and the existing residential areas (Precinct 3).<br />

The area <strong>of</strong> land that will be created between the realigned Oswald Street and the<br />

eastern boundary <strong>of</strong> the established residential development in Shawford and Staveley<br />

Places which is presently set aside as Public Open Space should be developed as<br />

landscaped parkland but community facilities such as arts and crafts and public<br />

exhibition areas should be provided to maintain a strong pedestrian theme between<br />

the shopping centre Precinct and the <strong>Stirling</strong> Railway Station, across the realigned<br />

Oswald Street."<br />

TPS 38 provides the following definition for an “Automatic Car Wash”:-<br />

Means a building or portion <strong>of</strong> a building wherein vehicles are washed and cleaned by<br />

or primarily by mechanical means.<br />

An “Automatic Car Wash” is a “Preferred” use within Precinct 1. However as the<br />

proposed land use does not wash vehicles by mechanical means, it does not<br />

constitute an “Automatic Car Wash”. Consequently, the proposed use is required to be<br />

considered as a “Use Not Listed” in accordance with clause 5.4.5 <strong>of</strong> TPS38, which<br />

states:-<br />

"Where in this Part a use is not a Preferred Use or Contemplated Use in a Precinct or<br />

is a use that is not mentioned or defined in the Scheme or is not included in the<br />

general terms <strong>of</strong> the uses defined or is not normally part <strong>of</strong> the conduct <strong>of</strong> any <strong>of</strong> the<br />

uses defined them in dealing with a development application in that Precinct involving<br />

that use the Council:<br />

a) May consider the application only after appropriate advertising for public<br />

submissions and notification <strong>of</strong> affected landowners in accordance with Clause<br />

2.7. The time period specified in Clause 2.7 shall apply.<br />

b) May approve the application after due consideration <strong>of</strong> the matters referred to in<br />

Clause 2.8 and any relevant submission, subject to any conditions it considers<br />

appropriate; or<br />

c) May refuse the application."<br />

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