minutes - City of Stirling

MINUTES OF THE ORDINARY MEETING OF COUNCIL
18 SEPTEMBER 2012
- The conclusions of the traffic consultant with respect to the determination of car
parking demand generated by the proposed development is considered superior to the
application of the City’s Parking and Access Policy with respect to the number of car
parking bays required in view of the site specific, and technical manner in which the
traffic consultant has undertaken the assessment.
- It is noted that Council, in 2010, had previously agreed to extinguish a parking
contingency plan on the basis that car parking within the Mirrabooka Regional Centre
was under-utilised.
- It is noted that the status quo remains with respect to car parking under-utilisation
rates within the Mirrabooka City Centre. To this end, the re-introduction of a parking
contingency plan, with specific application to the proposed development appears to be
unwarranted, particularly given the nature of the development (small-scale) relative to
the surrounding context of the Mirrabooka City Centre. Additionally, imposition of
condition a may also set an undesirable precedent in light of these factors.
- In conclusion, RPS concurs with the recommendations put forward by the City’s
officers that Conditions a, b and c of DA11/1992 be removed as they are considered
unnecessary.”
Comment
Conditions a, b and c of Council’s approval on 7 February 2012 were not recommended by
the City’s officers and were imposed by Council of its own accord. It is however considered
that there is sufficient parking on site to accommodate the technical parking shortfall and it is
considered that Conditions a, b, and c should not be applied.
Ability to Impose Conditions
A query has been raised by the applicant in regard to the ability for Conditions a, b, and c to
be imposed. Should the review by the State Administrative Tribunal proceed, a legal opinion
may be required to consider the conditions relative to the provisions of the City of Stirling
Local Planning Scheme No.3.
Applicable Parking Ratio
The City’s Parking Policy requires that where the land use of “Shop” involves in excess of
10,000m 2 parking is provided at a ratio of 750 bays plus six (6) bays per 100m 2 of gross floor
area in excess of 10,000m 2 . In October 1998 Council resolved to apply a parking ratio of 5.5
bays per 100m 2 which had the effect of reducing the parking shortfall to 223 car bays. At its
meeting on 16 March 2010 Council agreed to extinguish the contingency plan Legal
Agreement which effectively accepted the 223 car bay short fall and reduced the parking
ratio to 4.96bays per 100m 2 . Once the proposed addition to the Centre is implemented, there
will be a total floorspace of 44,351m 2 with 2,173 car bays provided resulting in a parking
ratio of 4.9 bays per 100m 2 .
Although the provisions of the City of Stirling Town Planning Scheme No.38 (TPS38) Stirling
City Centre Scheme do not apply to the subject site, it is noted that a parking ratio of 5 bays
per 100m 2 is applicable under TPS38 for shop floorspace. It is also noted that Clause 5.3.2
(4) of State Planning Policy 4.2 Activity Centres for Perth and Peel, offers as a guide that a
parking ratio of between four (4) to five (5) bays per 100m 2 could be applied for shop
floorspace.
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