minutes - City of Stirling

MINUTES OF THE ORDINARY MEETING OF COUNCIL
18 SEPTEMBER 2012
h. The external façades of the building must be treated with an anti
graffiti coating on completion;
i. Any on-site floodlights not being positioned or operated in such a
manner so as to cause annoyance to surrounding residents or
passing traffic;
j. No goods or materials being stored either temporarily or permanently
in the parking or landscape areas or within access driveways. All
goods and materials are to be stored within the buildings or storage
yards where provided; and
k. The submission of a sign licence application to the satisfaction of the
Manager Approvals prior the erection of any signs on site.
2. That pursuant to Clause 5.8.2 of Local Planning Scheme No. 3, the cash in
lieu contribution for 107 parking bays be WAIVED for this application
(DA11/1982)."
Conditions a, b and c which are the subject of the amended application and the subject of
the State Administrative Tribunal proceedings, require a parking contingency plan to be
submitted to the City prior to commencing development. The contingency plan was
requested by Council in relation to the 107 bay parking shortfall.
The amended development application (DA12/0992) was lodged on 4 May 2012 and
proposes to remove conditions a, b and c of DA11/1982. As the original application
DA11/1982 for Additions to Mirrabooka Shopping Centre – Shop (Dan Murphy’s Liquor
Store) was approved by Council, any subsequent amendment to that approval requires the
approval of Council.
At its meeting of 10 July 2012 Council resolved to approve the amended development
application however, the approval was subject to all original conditions of approval (Council
Resolution No 0710/003).
A mediation hearing was held at the City’s offices on 21 August 2012 in order to ascertain
whether there was any possibility of arriving at a compromise between the two (2) parties.
The Mayor and any other interested parties were invited to attend this mediation, though
none were able to attend.
In accordance with directions from the State Administrative Tribunal, pursuant to Section
31(1) of the State Administrative Tribunal Act 2004 (WA), the City has been invited to
reconsider the application (DA12/0992) to remove conditions a, b and c of development
application DA11/1982 for Additions to Mirrabooka Shopping Centre – Shop (Dan Murphy’s
Liquor Store). The SAT has also scheduled a further directions hearing on 7 September
2012 to schedule a final hearing date in the event that the applicant is dissatisfied with
Council’s reconsideration.
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