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MINUTES OF THE ORDINARY MEETING OF COUNCIL 18 SEPTEMBER 2012 Amenity Issue SOCIAL Comment Complaints have been received from nearby residents in the past, however these are to be related to noise from the Music Academy. The applicant will be required to submit a revised acoustical consultants report for approval. Job creation Issue ECONOMIC Comment The site currently provides employment to a vast array of individuals in the medical, music and retail industry. It is considered that many jobs will be lost as a result of any refusal given. Conclusion The retrospective development application seeks approval to change the uses of four (4) tenancies at Lot 8, House Number 235, Main Street, Osborne Park. The application results in a parking deficiency of 25 parking spaces, however it is considered that there is no perceived or actual parking problems on site despite non-compliance with the City’s parking requirements. It is considered that clause 5.8 of the City's LPS3 may be exercised and the cash-in-lieu requirement for the parking shortfall be waived. In view of the above, it is recommended that the application be approved subject to conditions. 208
MINUTES OF THE ORDINARY MEETING OF COUNCIL 18 SEPTEMBER 2012 APPROVALS 10.1/AP5 LOT 301, HOUSE NUMBER 32, POWELL STREET, JOONDANNA - SINGLE DWELLING Report Information Location: Applicant: Reporting Officer: Business Unit: Ward: Suburb: Lot 301, House Number 32, Powell Street, Joondanna Mile Savic and Aleksa Savic Acting Manager Approvals Approvals Osborne Joondanna Authority/Discretion Definition Advocacy Executive Legislative Quasi-Judicial Information Purposes when Council advocates on its own behalf or on behalf of its community to another level of government/body/agency. the substantial direction setting and oversight role of the Council. e.g. adopting plans and reports, accepting tenders, directing operations, setting and amending budgets. includes adopting local laws, town planning schemes and policies. Review when Council reviews decisions made by Officers. when Council determines an application/matter that directly affects a person’s right and interests. The judicial character arises from the obligation to abide by the principles of natural justice. Examples of Quasi-Judicial authority include town planning applications, building licences, applications for other permits/licences (eg under Health Act, Dog Act or Local Laws) and other decisions that may be appealable to the State Administrative Tribunal. includes items provided to Council for information purposes only, that do not require a decision of Council (i.e. - for 'noting'). Council Resolution 0912/037 Moved Councillor Italiano, seconded Councillor Proud That pursuant to Clause 10.3.1 of Local Planning Scheme No.3, the application for a single dwelling at Lot 301, House Number 32, Powell Street, Joondanna be APPROVED subject to the following conditions:- a. The boundary walls are not to exceed the height identified in the proposed site plans. The surface finish of the wall facing a neighbour should be to the satisfaction of the adjoining neighbour or in the case of a dispute to the satisfaction of City; 209
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minutes - City of Stirling

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