minutes - City of Stirling

MINUTES OF THE ORDINARY MEETING OF COUNCIL
18 SEPTEMBER 2012
Parking Oversupply
The City’s Parking Policy contains the following objective in relation to the oversupply of
parking:-
To ensure that an oversupply of parking does not occur that discourages alternative
forms of transport and is detrimental to urban design and Centre character.
It has been demonstrated through the Parking Assessment Report that there is a current
oversupply of parking relative to demand. It could be argued therefore that subject to
compliance with the remaining objectives of the policy, in order to satisfy the above
mentioned objective the City ought to be seeking to limit the amount of additional parking
provided on site particularly given the proximity of the Shopping Centre within 400m of a
high frequency bus stop/station.
Mediation hearing 21 August 2012
As stated previously in this report, a mediation hearing was held at the City’s offices on the
21 August 2012 in order to ascertain whether there was any possibility of arriving at a
compromise between the two parties. Although Councillors were invited to attend, none
were able to do so.
The lack of Councillor involvement in the mediation hearing represents a lost opportunity to
achieve a possible compromise situation acceptable to both parties, and may have
implications in relation to defending the Councils decision, should this matter proceed to a
full hearing.
Involvement of independent planning consultant
The City’s officers were unable to represent Council at the SAT as the Council decision was
inconsistent with the officer’s recommendations. Consequently, Greg Rowe and Associates
have been engaged to represents Council at the SAT.
It should be noted that should Council form a different view to that of its current planning
consultant in this matter, the City’s officers will need to engage another planning consultant
to represent Council, should this matter proceed to a full hearing.
Policy and Legislative Implications
Following the Council’s decision on 12 June 2012, the applicant has lodged an Application
for Review in accordance with Part 14 of the Planning and Development Act 2005. In
accordance with Orders made by the State Administrative Tribunal at mediation, this report
requests the Council to reconsider its decision and agree to delete conditions a, b and c.
Should the Council decide not to reconsider its decision, the matter will be referred back to
mediation on 24 September 2012. The matter has also been listed for a Directions Hearing
on 7 September to deal with a request by the applicant to set a date for a final Hearing.
Financial Implications
Should Council resolve to reaffirm the status of conditions a, b and c it is extremely likely that
the City will be required to defend its decision at a hearing in the State Administrative
Tribunal (SAT). The City will be required to engage further legal representatives and
planning consultants as representatives at the SAT and the costs will likely be in excess of
$20,000.
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