minutes - City of Stirling

MINUTES OF THE ORDINARY MEETING OF COUNCIL
18 SEPTEMBER 2012
5.9.4 Where Council exercises its discretion under clause 5.9.1, it may require the
owner of the land to which the application relates and the owner of the land
which is not the subject of the application and which is to provide car parking
spaces and any other person specified by the City, to enter into a legal
agreement, to which the City may also be a party, which provides for the
provision and use of car parking spaces. The legal agreement:
5.9.5 If:
Other Policies
a) must be to Council’s satisfaction;
b) must be prepared at the expense of the applicant;
c) must, if required by Council, provide for easements, restrictive covenants,
rights of way and reciprocal access and circulation arrangements; and
d) must ensure that the agreement and any easement, restrictive covenant,
right of way or reciprocal access and circulation arrangement made under
the agreement are not amended, removed or terminated without the prior
consent of the Council.
a) a restrictive covenant, easement or right of way is made with respect to
any land or building pursuant to an agreement entered into under clause
5.9.4; and
b) that land or building is subject to another restrictive covenant, easement or
right of way which:
i) exists for the purpose of regulating the parking, access or circulation of
vehicles; and
ii) is inconsistent with the restrictive covenant, easement or right of way
referred to in clause 5.9.5(a),
then the restrictive covenant, easement or right of way (as the case may be)
referred to in clause 5.9.5(b) is hereby extinguished or varied to the extent that
it is inconsistent with the restrictive covenant, easement or right of way referred
to in clause 5.9.5(a)."
Local Planning Policy 6.7 – Parking and Access
The City’s Parking and Access Policy requires parking to be provided for the use of
Consulting Rooms at a rate of 10 bays for two (2) practitioners. Under the Parking Policy the
application is eligible for a 20% parking concession as the subject lot is located within 50m of
an existing car parking place with in excess of 50 parking spaces. The adjoining car park,
known as the Wembley Downs car park, is identified in the City’s Planning Policy as a public
car park with in excess of 50 spaces.
The Parking and Access Policy states that ‘all parking requirements are to be rounded to the
nearest whole number.
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