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MINUTES OF THE ORDINARY MEETING OF COUNCIL 18 SEPTEMBER 2012 Principal Statutory Provisions Use Table Zoning MRS LPS3 Use Urban Mixed Use Class and Type Educational Establishment ('D' use) Shop ('P' use); Consulting Room ('P' use); and Personal Care Services ('P' use). 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." “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 various change of uses listed herein which have the following definitions as defined by LPS3:- Educational Establishment “… premises used for the purposes of education and includes a school, tertiary institution, business college, academy or other educational centre.” 200
MINUTES OF THE ORDINARY MEETING OF COUNCIL 18 SEPTEMBER 2012 Personal Care Services Shop “… premises used for the provision of services of a personal nature involving care and/or treatment of clients, and includes hairdressing, beauty therapy, manicure and massage, but does not include consulting rooms, medical centre or sex services involving prostitution." “… premises used to sell goods by retail, or hire goods, but does not include a showroom or fast food outlet.” Other Policies Planning Policy 6.7 Parking The City's Parking Policy prescribes parking concessions for commercial developments. The subject site is entitled to a number of these parking variations. The Policy also stipulates car parking requirements for various land uses including Educational Establishments and Personal Care Services (refer to Comment section of this report). 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 In 2010 the City received a complaint alleging unauthorised land use for one (1) of the units at the subject site operating as an 'Educational Establishment' (West End Music Academy). The complaint was received from an existing tenant at the same site and was lodged in response to an investigation into an unauthorised activity occurring at the complainants premises. That complainant no longer occupies the premises. A subsequent investigation of the complaint and a search of City records revealed that three (3) other businesses operating from the premises; a video store, a podiatrist and a hairdresser also did not have the requisite approvals. A review of the existing approvals at the site indicated planning approval was granted for a three (3) storey office building on 4 March 1970 subject to conditions. Further, approval also was granted for a storage area within the under croft area at the rear of the site on 4 February 1986. This area has previously been occupied by a ceramic tiles distribution business and is now occupied by a Safe company (Warehouse). This existing use does not form part of this application for consideration. In addition to the above, the City has received complaints (predominantly from nearby residents) since September 2002, in relation to noise emanating from West End Music Academy. Whilst some measures have been taken by the business proprietor to address noise complaints, further control measures are likely to be required. 201
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minutes - City of Stirling

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