minutes - City of Stirling

MINUTES OF THE ORDINARY MEETING OF COUNCIL
18 SEPTEMBER 2012
Land Use
A Restaurant land use is a ‘D’ use in the Industry zone, meaning that the use is not
permitted unless the Council has exercised its discretion by granting planning approval. In
considering the appropriateness of the land use, reference is to be made to the objectives of
LPS3 as they relate to the Industrial Zone and the statement contained in the Industrial
design Guidelines for the Osborne Precinct.
The proposed land use is considered appropriate in light of these requirements. The
proposed development is considered to provide an additional local amenity for existing
occupiers of the industrial area.
Car Parking
The proposed development requires the provision of 14 car parking bays, following the
application of a 5% variation as a result of the on site provision of seven (7) bicycle bays. 11
bays are proposed on site, however, the City’s Traffic Design Engineer has advised that the
location of the proposed disable bays within a corner truncation area cannot be supported,
and consequently, only 10 bays can be accommodated on site, resulting in a four (4) car
parking bays shortfall.
Any variation to the City’s Parking Policy is to be considered against the objectives of the
policy. In this instance, it is considered that the proposed development, although resulting in
a shortfall of on site parking, will still maintain adequate parking facilities for the site and will
not result in a major parking problem in the locality. The City accepts the applicant’s
contention that the proposed restaurant will serve the local area, and that many of the
customers are likely to walk to the site, which is a common feature of this type of
development in this area.
Additionally, it is noted that there currently exists informal on street parking on the southern
side of Roberts Street West, opposite the subject lot, which can be utilised by customers.
For these reasons, the City is satisfied that the proposed development will not result in a car
parking problem in the area.
Notwithstanding the above, the car parking shortfall is noted, and the Parking Policy does
provide for the City to require cash in lieu of car parking where the full amount of car parking
cannot be accommodated on site. Specifically, the policy provides for cash in lieu where
existing on street parking has been constructed, as it the case with the on street parking on
the southern side of Roberts Street West.
Consequently, a condition is recommended to be imposed requiring the applicant to make a
cash in lieu contribution in respect of the four (4) car parking bays shortfall. Where formal or
informal parking exists, the City has historically required a payment of $4,500 per bay
shortfall, and this approach is considered appropriate in this instance.
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.
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