minutes - City of Stirling

MINUTES OF THE ORDINARY MEETING OF COUNCIL
18 SEPTEMBER 2012
Clause 2.8.1 requires Council, in undertaking determination of a development
application, to have regard to the following:-
a) Any matter which it is required by the Scheme to consider;
b) Any submission received as a result of a referral or notification of a development
application pursuant to Clause 2.7;
c) Any relevant Policy made pursuant to this Scheme;
d) The requirements of orderly and proper planning;
e) The preservation of the amenity of the area; and
f) The provisions of Clause 4.5.1.
The following matters contained within Clause 4.5.1 of TPS38 are considered most relevant
to this application:-
The intensity and nature of the proposed use, including its environmental impact by
way of noise, emissions, illumination and hours of operation;
Whether excessive loads would be placed on any existing or projected servicing
infrastructure, community infrastructure or similar services;
The number of employees likely to be accommodated;
The parking accommodation as provided for in Table 1 – Parking Requirements;
The form, layout, appearance and materials of buildings;
Vehicular and pedestrian access and circulation; and
Whether parking for vehicles is adequate, convenient, safe, unobtrusive, landscaped
and adequately surfaced and marked.
TPS38 does not contain any parking standards for car wash facilities, though it does require
a minimum of one (1) bay per 50m 2 and a maximum of one (1) bay per 30m 2 gross floor area
for the office component of the proposal. However, in relation to the subject site, Council
have previously resolved, in agreement with the owners of the subject site, that an agreed
parking ratio of one (1) bay 18.38m 2 Net Lettable Area (NLA) be maintained. This is to apply
to the Westfield Innaloo shopping centre as a whole, notwithstanding the particular land uses
contained within. This ratio was approved based on parking analysis undertaken as part of
past developments, and the maintenance of the agreed parking ratio formed a condition of
approval as resolved by Council on 31 May 2005 in relation to a 1350m 2 addition to the
centre (DA05/0252 refers). This agreed parking parking ratio has had the practical effect of
superseding the parking requirements specified in Table 1 of TPS38, which for a Shop is a
minimum of one (1) bay per 20 m 2 NLA, and a maximum of one (1) bay per 14.5m 2 NLA.
Metropolitan Region Scheme
The subject site is located within the Stirling Station Precinct of the Metropolitan Region
Scheme (MRS). The development is therefore subject to clause 32 of the MRS which has
the effect of requiring the application to also be determined by the Western Australian
Planning Commission (WAPC).
The application was referred to the WAPC on 9 May 2012, however their decision has been
deferred pending the City’s determination of the application.
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