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minutes - City of Stirling

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MINUTES OF THE ORDINARY MEETING OF COUNCIL<br />

18 SEPTEMBER 2012<br />

In October 1998 Council considered a request by the applicant to apply a reduced parking<br />

ratio <strong>of</strong> 5.5 bays per 100m 2 . The <strong>City</strong>’s staff noted that the Innaloo <strong>City</strong> Centre was allowed a<br />

parking ratio <strong>of</strong> 5 bays per 100m 2 (Town Planning Scheme No.38) and that the reduced<br />

parking ratio was not unreasonable however the staff also noted that more time was needed<br />

to assess the situation when the centre was fully developed. Council subsequently agreed<br />

to apply a parking ratio <strong>of</strong> 5.5 bays per 100m 2 which had the effect <strong>of</strong> reducing the parking<br />

shortfall to 223 car bays. A contingency plan referring to the provision <strong>of</strong> 223 car bays (if<br />

they were required) was subsequently prepared by the applicant and endorsed by the <strong>City</strong>.<br />

At its meeting on 16 March 2010 Council considered a request by the applicant to extinguish<br />

the Legal Agreement and effectively extinguish the contingency plan. In considering the<br />

applicant’s request at the time, the <strong>City</strong> staff noted that the parking at the centre was<br />

underutilised. Council supported the applicant’s request and the contingency plan Legal<br />

Agreement was extinguished (Council Resolution Number 0310/051).<br />

On 7 February 2012 Council considered a development application for Additions to the<br />

Mirrabooka Shopping Centre – Shop (Dan Murphy’s Liquor Store) (Council Resolution<br />

Number 0212/008). The proposal generated a parking shortfall <strong>of</strong> 107 car bays. Council<br />

resolved to approve the application subject to the following conditions:-<br />

"1. That pursuant to Clause 10.3.1 <strong>of</strong> Local Planning Scheme No.3, the<br />

application for a Shop (Dan Murphy’s Liquor Store) at Lot 500, House<br />

Number 43, Yirrigan Drive, Mirrabooka (Mirrabooka Square Shopping<br />

Centre) be APPROVED subject to the following conditions:-<br />

a. The submission <strong>of</strong> a Contingency Plan to the satisfaction <strong>of</strong> Manager<br />

Approvals prior to the commencement <strong>of</strong> development, indicating<br />

how the shortfall <strong>of</strong> 107 car bays could be accommodated on site;<br />

b. The applicant/owner entering into a legal agreement prior to the<br />

commencement <strong>of</strong> development, accepting to provide additional<br />

parking <strong>of</strong> 107 car bays in accordance with the agreed Contingency<br />

Plan, should they be required to by the <strong>City</strong>;<br />

c. Any legal costs incurred to be borne wholly by the applicant/owner;<br />

d. The proposed awning structure to be extended west along the<br />

southern facing façade as indicated in red on the approved plan;<br />

e. Vehicular parking, maneuvering and circulation areas indicated on<br />

the approved plan being sealed and drained to the satisfaction <strong>of</strong> the<br />

<strong>City</strong> the parking spaces being marked out and maintained in good<br />

repair;<br />

f. All <strong>of</strong>f street parking to be available onsite during business hours for<br />

all customers and staff free <strong>of</strong> charge to the satisfaction <strong>of</strong> the <strong>City</strong>;<br />

g. All land indicated as landscaped area on the approved plan being<br />

developed on practical completion <strong>of</strong> the building/s to the satisfaction<br />

<strong>of</strong> the <strong>City</strong>. All landscaped areas are to be maintained in good<br />

condition thereafter;<br />

35

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