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MINUTES OF THE ORDINARY MEETING OF COUNCIL<br />

18 SEPTEMBER 2012<br />

Engineering Comment<br />

A brief transport statement was submitted by the applicant in support <strong>of</strong> the proposal. The<br />

following comment was made by the <strong>City</strong>’s Engineering Design Business Unit in relation to<br />

the statement and retrospective application:-<br />

“Transport Statement demonstrates that the change <strong>of</strong> use is not expected to have an<br />

adverse impact on the operation <strong>of</strong> the local road network, particularly since the trips<br />

generated by this development are primarily concentrated within the ‘commercial’<br />

section <strong>of</strong> Fifth Avenue between Wenberi Lane and Beaufort Street. The site is also<br />

well serviced by high frequency public transport and reasonably good<br />

pedestrian/cyclist access.<br />

According to my calculations, and based on 100% capacity for all four training rooms,<br />

the number <strong>of</strong> private parking bays provided on-site is slightly less than the required<br />

provision for a ‘Technical Education Establishment’ in LPS3. However, there are<br />

public on-street parking bays within close proximity to the site and the owners have<br />

advised that if required they would seek reciprocal parking arrangements for the use <strong>of</strong><br />

private bays with adjacent sites (hotel, health club, video library) that have parking<br />

demands that do not coincide with this site.”<br />

It is considered that a six (6) bay shortfall will unlikely have an adverse impact on the site,<br />

nearby properties or local road network.<br />

People attending the training programs (including staff) have the option <strong>of</strong> catching public<br />

transport as the site is located on Beaufort Street.<br />

The four (4) training rooms provided by Training Services Australia are rarely used at the<br />

same time and attendees within each class is low.<br />

It is considered that clauses 5.5 and 5.8 <strong>of</strong> the <strong>City</strong>’s LPS3 may be exercised. It is the<br />

opinion <strong>of</strong> the <strong>City</strong>’s Compliance section that the non-compliance will not have an adverse<br />

effect upon the occupiers <strong>of</strong> the development, the inhabitants <strong>of</strong> the locality or the likely<br />

future development <strong>of</strong> the area. Waiving the cash-in-lieu contribution for the six (6) car bay<br />

shortfall is appropriate in this instance.<br />

In view <strong>of</strong> the above it is considered that the retrospective proposal has merit and is<br />

recommended for support.<br />

Policy and Legislative Implications<br />

Should the Council refuse the application for development approval, the applicant may have<br />

the right to have the decision reviewed in accordance with Part 14 <strong>of</strong> the Planning and<br />

Development Act 2005.<br />

Financial Implications<br />

Should the Council refuse the application for development approval, the applicant may have<br />

the right to have the decision reviewed in accordance with Part 14 <strong>of</strong> the Planning and<br />

Development Act 2005.<br />

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