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minutes - City of Stirling

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MINUTES OF THE ORDINARY MEETING OF COUNCIL<br />

18 SEPTEMBER 2012<br />

Personal Care Services<br />

Shop<br />

“… premises used for the provision <strong>of</strong> services <strong>of</strong> a personal nature involving care<br />

and/or treatment <strong>of</strong> clients, and includes hairdressing, beauty therapy, manicure and<br />

massage, but does not include consulting rooms, medical centre or sex services<br />

involving prostitution."<br />

“… premises used to sell goods by retail, or hire goods, but does not include a<br />

showroom or fast food outlet.”<br />

Other Policies<br />

Planning Policy 6.7 Parking<br />

The <strong>City</strong>'s Parking Policy prescribes parking concessions for commercial developments. The<br />

subject site is entitled to a number <strong>of</strong> these parking variations. The Policy also stipulates car<br />

parking requirements for various land uses including Educational Establishments and<br />

Personal Care Services (refer to Comment section <strong>of</strong> this report).<br />

Finally, the Policy provides for the provision <strong>of</strong> cash-in-lieu <strong>of</strong> parking bays in instances<br />

where non-residential development are unable to meet Scheme parking requirements.<br />

Consideration <strong>of</strong> this clause is required with respect to this application.<br />

Background<br />

In 2010 the <strong>City</strong> received a complaint alleging unauthorised land use for one (1) <strong>of</strong> the units<br />

at the subject site operating as an 'Educational Establishment' (West End Music Academy).<br />

The complaint was received from an existing tenant at the same site and was lodged in<br />

response to an investigation into an unauthorised activity occurring at the complainants<br />

premises. That complainant no longer occupies the premises.<br />

A subsequent investigation <strong>of</strong> the complaint and a search <strong>of</strong> <strong>City</strong> records revealed that<br />

three (3) other businesses operating from the premises; a video store, a podiatrist and a<br />

hairdresser also did not have the requisite approvals.<br />

A review <strong>of</strong> the existing approvals at the site indicated planning approval was granted for a<br />

three (3) storey <strong>of</strong>fice building on 4 March 1970 subject to conditions. Further, approval also<br />

was granted for a storage area within the under cr<strong>of</strong>t area at the rear <strong>of</strong> the site on<br />

4 February 1986. This area has previously been occupied by a ceramic tiles distribution<br />

business and is now occupied by a Safe company (Warehouse). This existing use does not<br />

form part <strong>of</strong> this application for consideration.<br />

In addition to the above, the <strong>City</strong> has received complaints (predominantly from nearby<br />

residents) since September 2002, in relation to noise emanating from West End Music<br />

Academy. Whilst some measures have been taken by the business proprietor to address<br />

noise complaints, further control measures are likely to be required.<br />

201

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