minutes - City of Stirling

MINUTES OF THE ORDINARY MEETING OF COUNCIL
18 SEPTEMBER 2012
Consultation/Communication Implications
The application was not required to be advertised under LPS3.
Applicant’s Justification
"Background
On the 6 August 2010 an approval was issued by the City of Stirling (the City) Council,
for a two to three storey building consisting of 11 office tenancies, eight (8) residential
units and associated car parking, to be located on the subject site. As part of this
approval, Council approved a parking shortfall of 2.1 bays. No cash in lieu was sought
as a condition of approval.
On the 24 May 2011 a second approval was issued to change the use on two of the
office tenancies to ‘Medical Centre’. Council approved a shortfall of five (5) bays on the
basis that the shortfall can be incorporated into the adjoining shopping centre car park.
Three (3) conditions were placed on this approval relating to a ‘licence agreement’
being reached between the owner of the subject site and the owner of Lot 30
Bournemouth Crescent, Wembley Downs (being the nearby ‘The Downs’ Shopping
Centre’). On the 6 September 2012 and following a request from TPG, conditions 1-3
of this approval were amended to remove the reference to a ‘licence agreement’ and
replace with the following:
1. The owners of Lot 30 Bournemouth Crescent, Wembley Downs as a lessee of
Lot 500 Bournemouth Crescent, Wembley Downs and the owners of Lot 14
Weaponess Road, Wembley Downs enter into a sub-lease with the City of
Stirling to use a minimum of five (5) car bays within Lot 500.
2. Prior to the occupation of the Medical Centre an absolute caveat shall be lodged
on the Certificate of Title of Lot 14 to the benefit of the City to ensure that the
sub-lease referred to in condition 1 is maintained for the benefit of Lot 14 so long
as the shortfall in car parking in respect to Lot 14 exists.
3. The sub-lease referred to in condition 1 shall be prepared to the City’s
satisfaction with the owner of Lot 14 being responsible to pay all costs of and
incidental to the preparation (including all drafts) and the stamping of the
agreement and the preparation and lodgement of the absolute caveat referred to
in condition 2.
Since this approval, the required sub-lease (refer enclosed) has been made between
WDSC Pty Ltd (being the owner of Lot 30 Bournemouth Crescent) and Cityplay
Nominees Pty Ltd (the owner of the subject site, Lot 14) for the use of parking bays on
land owned by the City of Stirling, with the City identified as the ‘Head Lessor’. This
sub-lease allows for Cityplay Nominees Pty Ltd to use the bays located in the adjoining
car park so long as there is parking available. The owner of Lot 14 pays half of the
costs associated with the lease and upkeep of the parking area and on this basis the
car parking is effectively shared between both developments.
Proposal
This application proposes to change the use of one (1) of the approved office
tenancies, being unit ‘a’ or ‘Commercial Unit 11’ the attached plan, to ‘Consulting
Rooms’. No more than two (2) practitioners will use the Consulting Rooms at any one
time.
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