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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. 36
MINUTES OF THE ORDINARY MEETING OF COUNCIL 18 SEPTEMBER 2012 Assessment Non-Residential Assessment - Local Planning Scheme No.3 Element Satisfies Scheme/ Policy OR Variation Required Comment 1 Site Requirements Already approved. Not proposed to change. 2 Setbacks Already approved. Not proposed to change. Already approved. Not proposed to change. 3 Car Parking 4 Landscaping 5 Facades 6 Service Access 7 Building Height 8 Policy Nil. 9 Other Consideration The removal of conditions a, b and c from the original development approval (DA11/2982) as proposed will essentially approve the 107 car bay shortfall without a parking contingency plan. Already approved. Not proposed to change. Already approved. Not proposed to change. Already approved. Not proposed to change. Already approved. Not proposed to change. Nil. Consultation/Communication Implications The application was not required to be advertised. Applicant’s Justification The applicant has provided justification both in the context of the previous consideration by Council at its meeting of 10 July 2012 and in the context of the recent Sate Administrative Tribunal Mediation. The initial justification is outlined below followed by the more recent additional justification. "It is requested that conditions 1, 2 and 3, relating to car parking contingency requirements, be removed on the basis that the conditions are unnecessary and unduly onerous on the developer. 37
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minutes - City of Stirling

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