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MINUTES OF THE ORDINARY MEETING OF COUNCIL<br />

18 SEPTEMBER 2012<br />

a. That the applicant submit a revised acoustic consultants report to the<br />

satisfaction <strong>of</strong> the Manager Health and Compliance within 45 days <strong>of</strong> the<br />

approval date demonstrating that the use <strong>of</strong> Tenancy 3 as an<br />

‘Educational Establishment’ (West End Music Academy) complies with<br />

the provisions <strong>of</strong> the Environmental Protection (Noise) Regulations<br />

1997;<br />

b. In relation to condition a above, any remedial works that are required as<br />

part <strong>of</strong> the acoustic consultants report to be completed within 90 days<br />

<strong>of</strong> the approval date;<br />

c. Vehicular parking, manoeuvring and circulation areas indicated on<br />

approved plan being sealed, marked and drained to the satisfaction <strong>of</strong><br />

the <strong>City</strong>;<br />

d. All <strong>of</strong>f street parking to be available on site during business hours for all<br />

customers and staff, to the satisfaction <strong>of</strong> the <strong>City</strong>;<br />

e. No goods or materials being stored, either temporarily or permanently,<br />

in the parking or landscape areas or within access driveways. All goods<br />

and materials are to be stored within the buildings or storage yards,<br />

where provided; and<br />

f. Any on site floodlights not being positioned or operated in such a<br />

manner so as to cause annoyance to surrounding residents, passing<br />

traffic or nearby businesses.<br />

2. That pursuant to clause 5.8 <strong>of</strong> the <strong>City</strong>'s Local Planning Scheme No.3, the cashin-lieu<br />

contribution in relation to the 25 car bay shortfall be WAIVED for the<br />

application at Lot 8, House Number 235, Main Street, Osborne Park.<br />

3. That the applicant be ADVISED that the development is to comply in all respects<br />

with the Building Code <strong>of</strong> Australia, relevant Australian Standards in respect <strong>of</strong><br />

access and facilities for the disabled and the Environmental Protection (Noise)<br />

Regulations 1997.<br />

The motion was put and declared CARRIED (13/0) by exception resolution (page 184<br />

refers).<br />

For: Councillors Boothman, Cooke, Ferrante, Italiano, Jenkinson, Lagan, Michael, Proud,<br />

Robbins, Sargent, Stewart, Tyzack and Willox.<br />

Against: Nil.<br />

Committee Recommendation<br />

1. That pursuant to Clause 8.4 <strong>of</strong> the <strong>City</strong>’s Local Planning Scheme No. 3, the<br />

retrospective application for a Change <strong>of</strong> Use from ‘Office’ to ‘Educational<br />

Establishment’ (West End Music Academy), ‘Shop’ (Civic Video), ‘Consulting Rooms’<br />

(Podiatrist), and ‘Personal Care Services’ (Hairdresser) at Lot 8, House Number 235,<br />

Main Street, Osborne Park, be APPROVED subject to the following conditions:-<br />

a. That the applicant submit a revised acoustic consultants report to the<br />

satisfaction <strong>of</strong> the Manager Health and Compliance within 45 days <strong>of</strong> the<br />

approval date demonstrating that the use <strong>of</strong> Tenancy 3 as an ‘Educational<br />

Establishment’ (West End Music Academy) complies with the provisions <strong>of</strong><br />

the Environmental Protection (Noise) Regulations 1997;<br />

196

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