minutes - City of Stirling

MINUTES OF THE ORDINARY MEETING OF COUNCIL
18 SEPTEMBER 2012
The requirement for the reinstatement of a car parking contingency arrangement is
inconsistent with previous decisions taken by Council and is not reflective of the factual
car parking situation occurring in the locality as documented in the parking assessment
report prepared by Uloth and Associates.
Conclusion
In conclusion, the proposed Dan Murphy’s development is considered to be an
appropriate use for the site. Conditions 1, 2 and 3 relating to a parking contingencies
are considered unnecessary on the basis that:-
Current and previous parking assessments have demonstrated that the level of
proposed parking will be in excess of current and future requirements.
The City’s technical officers through a detailed assessment concur that the
proposed level of on site parking provision is adequate to meet projected need.
No complaints have been received to date regarding parking provision at the
Mirrabooka Square Shopping Centre.
A former parking contingency plan similar to that proposed by the planning
approval conditions was extinguished by Council in 2010 on the basis that
parking at the Regional Centre was underutilised.
Consideration of parking provision associated with any particular development
should be considered on its merits at that time.
Given the above, we respectfully request that Council amend the planning approval
and delete conditions 1, 2 and 3 as soon as possible. This will ensure that a time
consuming and costly application for review to the State Administrative Tribunal (SAT)
will not be required in order for the unnecessary conditions to be removed."
The Applicant provided the following additional justification following the Mediation
Conference convened on 21 September 2012:-
“ There is no nexus between car parking contingency conditions 1, 2 and 3 of the
planning approval and the considerations and requirements as set out within the
Respondent's planning framework, inclusive of the applicable local planning
scheme and relevant planning policies.
The matter has now been considered by the State Administrative Tribunal (SAT)
and the SAT has determined that conditions 1, 2 and 3 of the planning approval
be sent back under Section 31 of the State Administrative Tribunal Act, 2004 for
serious reconsideration by the Respondent.
All car parking associated with the Mirrabooka Square Shopping Centre,
including the proposed Dan Murphy's Liquor Store will be a shared (reciprocal)
resource. Based on the application of accepted planning principles, shared use
will result in a reduction of overall parking demand. This will occur due to
different businesses having differing peak periods of operation that do not
overlap, and also due to patrons visiting multiple tenancies as part of one trip to
the centre.
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