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MINUTES OF THE ORDINARY MEETING OF COUNCIL 18 SEPTEMBER 2012 Aerial Photograph Principal Statutory Provisions Use Table Zoning MRS LPS3 Use Class Urban Business Educational Establishment Type D - Not permitted unless the Council has exercised its discretion by granting planning approval. Development Standards Local Planning Scheme No.3 The following Local Planning Scheme No.3 (LPS3) and Local Planning Policy provisions are relevant to the retrospective application. Clause 5.5 Variations to Site and Development Standards and Requirements states:- "5.5.1 Except for development in respect of which the Residential Design Codes apply, if a development is the subject of an application for planning approval and does not comply with a standard or requirement prescribed under the Scheme, the Council may, despite the non-compliance, approve the application unconditionally or subject to such conditions as the Council thinks fit." 188
MINUTES OF THE ORDINARY MEETING OF COUNCIL 18 SEPTEMBER 2012 Clause 8.4 pertaining to unauthorised developments states:- “8.4 Unauthorised Existing Developments 8.4.1 The Council may grant planning approval to a use or development already commenced or carried out regardless of when it was commenced or carried out, if the development conforms to the provisions of the Scheme. 8.4.2 Development which was unlawfully commenced is not rendered lawful by the occurrence of any subsequent event except the granting of planning approval, and the continuation of the development unlawfully commenced is taken to be lawful upon the grant of planning approval.” The retrospective proposal involves a change of use to ‘Educational Establishment’ which is has the following definition in LPS3:- Educational Establishment “… premises used for the purposes of education and includes a school, tertiary institution, business college, academy or other educational centre.” Other Policies Planning Policy 6.7 Parking The City's Parking Policy prescribes parking concessions for commercial developments. In this instance the subject site is entitled to parking variations. The Policy also stipulates car parking requirements for various land uses including Educational Establishments. Finally, the Policy provides for the provision of cash-in-lieu of parking bays in instances where non-residential development are unable to meet Scheme parking requirements. Consideration of this clause is required with respect to this application. Background Development Approvals A search of the City’s records reveals that planning approval was granted for an Office building on 3 December 1997 subject to conditions. In January 2012 a complaint was lodged with the City raising concerns about parking at the subject site. Inspection of the premises revealed that units 2, 3 and 4 had been converted from office into training rooms and were occupied by a business named Training Services Australia. Unit 1 is utilised as offices and is not part of this application. The site provides a total of 21 bays servicing four (4) tenancies. There are a further four (4) on street bays directly adjoining the premises. However, these bays cannot be included as part of the car parking calculations. 189
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minutes - City of Stirling

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