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MINUTES OF THE ORDINARY MEETING OF COUNCIL 18 SEPTEMBER 2012 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. Financial Implications Should Council form the view not to exercise its discretion in relation to the Policy provisions outlined above the applicant will be required to make a cash-in-lieu contrition payment as required by the provisions LPS3 of $314,100.00. The figure of $314,100.00 is derived from the following:- A mandatory 25% cash in lieu of car parking based on a cost of $25,000 per bay, which is then halved. This figure is based on land and construction costs = $37,500.00. Additionally, a land component of 8m 2 per pay is applicable to the mandatory cash in lieu requirement, at a cost of $2150m 2 (based on the most recent valuation available to the City). Consequently, a three (3) bay shortfall equates to 24m 2 resulting in a land value requirement of $51,600. The total mandatory cash in lieu requirement is therefore $89,100. A 9 bay shortfall based on construction cost of $25,000 per bay equates to $225,000. Strategic Implications Goal 3: Objective 3.3: SI 3.3.1: To foster the ongoing economic development of the City, encouraging investment and employment in a sustainable manner. Create and foster an environment that encourages innovation and investment. Develop and implement a strategy to foster economic development and tourism. Sustainability Implications The following tables outline the applicable sustainability issues for this proposal:- Nil. Issue ENVIRONMENTAL Comment 268
MINUTES OF THE ORDINARY MEETING OF COUNCIL 18 SEPTEMBER 2012 Issue Community services SOCIAL Comment This proposal will provide a greater amount of local services available o the immediate community. It will foster a greater sense of local community by provision a local fast food outlet for the prevision of necessary items. Job creation Issue ECONOMIC Comment The proposal will foster the creation of local jobs within the local area. Conclusion The proposed change of use from ‘Office’ to ‘Fast Food Outlet’ meets all the requirements of LPS3 with the exception of the on site car parking requirements. Although a parking shortfall is proposed, it is not considered that a parking problem would arise from the approval of the fast food outlet. It is deemed that the proposed change of use will provide a range of services for the local community and appears to be in accordance with the findings of the Local Area Plan for Scarborough. It is recommended that Council exercise its discretion and waive the cash-in-lieu requirements under the Scarborough Special Control Area and the Parking Policy and grant an approval subject to conditions. 269
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minutes - City of Stirling

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