minutes - City of Stirling

MINUTES OF THE ORDINARY MEETING OF COUNCIL
18 SEPTEMBER 2012
Principal Statutory Provisions
Use Table
Zoning
MRS
LPS3
Use
Class
Urban
Regional Centre
Shop
Type P - Permitted
Development Standards
Local Planning Scheme No.3 (LPS3)
Clause 8.3.1 of LPS3 states:-
“The Council may, on written application from the owner of land in respect of which
planning approval has been granted, revoke or amended the planning approval, prior
to the commencement of the use or development subject of the planning approval.”
The proposed use is a permitted use under Local Planning Scheme No.3 (LPS3). The
Council is therefore not required to exercise its discretion with regards to the proposed use
itself.
In relation to the parking shortfall, Clause 5.8.1 of LPS3 states that:-
“…….. an applicant for planning approval for a non-residential development or use
may, if Council agrees, make a cash payment to the Council in lieu of providing all or
any of the number of car parking spaces required under a Local Planning Policy for the
development or use for which planning approval has been sought by the applicant.”
Clause 5.8.2 of LPS3 states that:-
“Before Council agrees to accept a cash-in-lieu payment under clause 5.8.1, it must
have:
a. reasonable expectation that a cash payment can be applied to provide additional
transport infrastructure in the vicinity of the development site.”
The subject lot is located within the Mirrabooka Regional Centre Special Control Area. The
objectives for this area are:-
a. To provide a sound, coordinated strategy for the integrated development of
public and private land to facilitate the creation of a safe, successful, vibrant
centre.
b. Facilitate more residential and mixed use development.
Development within this area is required to comply with the Local Planning Policy for the
area, in this instance, the Mirrabooka Regional Centre Design Guidelines (refer below).
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