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MINUTES OF THE ORDINARY MEETING OF COUNCIL 18 SEPTEMBER 2012 Principal Statutory Provisions Use Table Zoning MRS LPS3 Use Class Urban Mixed Use Fast Food Outlet Type P - Permitted Development Standards Local Planning Scheme No.3 Under Local Planning Scheme No.3 (LPS3) Fast Food outlet is defined as: ‘a premises used for the preparation, sale and serving of food or beverages to customers in a form ready to be eaten without further preparation, primarily off the premises.’ The site is located in the Mixed Use - Upper Scarborough Beach Road Precinct of the Scarborough Special Control Area. Clause 6.9.9 of LPS3 outlines provisions for cash-in-lieu for parking in the Scarborough Special Control Area. Specifically Clause 6.9.9 b) iii) states:- “In the case of non-residential development the cash-in-lieu contribution shall be 25 per cent of the total number of parking spaces required for the relevant use.” Clause 6.9.9 b) iv) of LPS3 states:- “The amount of cash-in-lieu contribution payable for developments shall be determined by Council on the basis of the estimated cost of providing an equivalent number of commercial parking spaces and manoeuvring areas in the form of decked parking in terms of land and construction cost, and for non-residential development the amount payable shall be reduced by half. Note: This means that where for example 25% of the total non-residential parking requirement is to be subject to a cash-in-lieu payment, the actual cash payment will be based on only 12.5% of the requisite number of parking spaces.” Clause 6.9.9 c) i) of LPS3 states:- “Where cash-in-lieu of parking is payable, there shall be no reduction in parking standards otherwise applicable under the Scheme, except for the reduction in on-site parking as a consequence of the contribution to the cost of off-site parking.” Clause 5.5 of LPS3 – Variations to site and development standards, provides Council with the ability to waive the cash in lieu of parking contribution as mentioned under the LPS3 Development Standards. 262
MINUTES OF THE ORDINARY MEETING OF COUNCIL 18 SEPTEMBER 2012 Other Policies Local Planning Policy 5.6 – Scarborough Design Guidelines – Scarborough Redevelopment Zone These guidelines incorporate the provisions of the City’s LPS3 requirement as well as providing additional design guidelines. Local Planning Policy 6.7 – Parking The City’s Parking Policy contains the following objectives:- a) To facilitate the development of adequate parking facilities; b) To ensure safe, convenient and efficient access for pedestrians, cyclists and motorists; c) To ensure that a major parking problem is unlikely to occur; d) To ensure that car parking and access ways do not have a detrimental impact on the character and amenity of an area; and e) To ensure that an oversupply of parking foers not occur that discourages alternative forms of transport and is detrimental to the urban design and character of the locality. Part 11 of Parking Policy gives Council the power to vary parking standards for small scale developments within the Scarborough Special Control Area in certain instances. The Policy specifies that all of the following items would need to be met in order to void the cash-in-lieu requirements:- a) The addition is non-residential; b) The change of use is to a non-residential use, or occurs upon a site which is zoned mixed use; c) The addition and/or change of use would not require more than 3 additional parking bays; d) The addition does not increase the non-residential floor space of a building by more than 50m²; e) The applicant satisfies Council that the addition will not substantially increase the intensity of the use of the site. Part 12 of the Policy gives Council the ability to consider variations in accordance with the objectives of the Policy. Background A development application for a change of use from Office to Fast Food Outlet was received by the City on 16 July 2012 (DA12/1640 refers). The subject site is located on the ground floor of an existing development along Scarborough Beach Road. The existing site comprises of two (2) ground floor shops, one (1) office, one (1) ground floor residential unit and one (1) upper floor residential unit. 263
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