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MINUTES OF THE ORDINARY MEETING OF COUNCIL 18 SEPTEMBER 2012 Engineering Comment The following comment was made by the City’s Engineering Design section in relation to the retrospective application:- “It is noted that the supporting Transport Statement has not been provided by a qualified traffic consultant. However, it is acknowledged that the WAPC Guidelines do not require these Statements to be prepared by specialists in transport planning or traffic engineering. The Transport Statement covers the recommended WAPC Guidelines for such a Statement but it is uncertain whether daily traffic volumes are based on surveys of existing land uses or based on trip generation rates for each specified land use. The description of trips to the Music Academy indicates that students do not contribute to parking demand as they are dropped off and picked up. However, these still require the use of parking bays to do so and vehicle trips in and out of the site. Notwithstanding the above, it is unlikely that the traffic volumes generated by these specific land uses will have an adverse impact on the operation of the existing roads and access points. I understand from your preliminary assessment that there is a 36 - bay shortfall on site based on the current land uses (14 bays provided and approximately 50 bays required). Engineering Design generally does not make comment on parking shortfalls, as this is a matter that is determined by Approvals. However, there is also no supporting documentation in the Transport Statement to indicate whether the current parking provision is sufficient for these land uses and how often these bays are fully utilised, thus requiring the use of parking bays within adjacent properties. I understand that this is a retrospective development application, and the ‘proposed’ land uses may have been in operation for some time.” Environmental Health Comment Various acoustic consultant reports have been prepared in relation to the existing Music Academy due to issues/concerns from adjoining residents pertaining to noise emissions. The most recent report submitted by acoustical consultants in May 2012 was referred to the City’s Environmental Health section for comment. An extract from the comment received reads:- “The report refers to an acoustic upgrade to the rear tutoring room six (6) years ago. The report prepared by Gabriels Environment Design in December 2006 included recommendations for an acoustic upgrade “representing the requirements to meet the assigned levels” and also recommendations for an interim upgrade predicted to achieve a relatively minor reduction in noise levels. As far as I am aware none of the recommended works have been undertaken. A submission from Whelans received in May 2012 included a list of noise attenuation works that will be undertaken upon receipt of planning approval – the works listed are basically the same as those recommended for the interim upgrade in 2006. It is reasonable to expect a business of this type, as a minimum standard, to be able to fully comply with the requirements with respect to noise emitted from the premises contained in the Environmental Protection Act 1986 and Environmental Protection (Noise) Regulations 1997. To date the applicant has not provided evidence of being able to meet these requirements.” 206
MINUTES OF THE ORDINARY MEETING OF COUNCIL 18 SEPTEMBER 2012 The majority of complaints received to date relate to the Music Academy and noise generated from the premises. Accordingly should retrospective planning approval be issued a condition may be imposed requiring submission of a revised acoustic consultants report to the satisfaction of the Manager Health and Compliance. The development will also be required to comply in all respects with the Building Code of Australia and the Environmental Protection (Noise) Regulations 1997. Given the above discussion it is considered that clauses 5.5 (variations to site and development standards) and 5.8 (cash in lieu of car parking) of the City’s LPS3 may be exercised. It is considered by City officers that the car parking non-compliance will not have an adverse effect upon the occupiers of the development, the inhabitants of the locality or the likely future development of the area. Waiving the cash-in-lieu contribution pertaining to the 25 car bay shortfall is appropriate in this instance. In view of the above it is considered that the retrospective proposal has merit and is recommended for support. Policy and Legislative Implications Should the Council refuse the application for development approval, the applicant may have the right to have the decision reviewed in accordance with Part 14 of the Planning and Development Act 2005. Financial Implications Should Council choose to consider a cash-in-lieu payment as per the City's Parking Policy, financial implications would result from land and construction costs of the required bays. Strategic Implications Goal 1: Objective 1.2: SI 2.1.4: To create and develop a responsive and inclusive community that provides opportunities for all, balancing the competing needs of local and wider communities. Provide and promote activities, programs and services designed to meet the needs of Stirling's diverse community. Review and implement the Local Planning Strategy to address changing social environmental and economic needs. Sustainability Implications The following tables outline the applicable sustainability issues for this proposal:- Nil. Issue ENVIRONMENTAL Comment 207
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