minutes - City of Stirling

MINUTES OF THE ORDINARY MEETING OF COUNCIL
18 SEPTEMBER 2012
At 7.15pm Councillor Willox returned to the meeting prior to consideration of Item 10.1/AP3.
At 7.19pm the Manager Asset Management and the Coordinator Asset arrived at the
meeting during consideration of Item 10.1/AP3.
10.1/AP3 LOT 12, HOUSE NUMBER 231, BALCATTA ROAD, BALCATTA -
ADDITIONS TO OFFICE, WAREHOUSE AND SHOWROOM - STATE
ADMINISTRATIVE TRIBUNAL APPLICATION FOR REVIEW DR232 OF
2012
Report Information
Location:
Applicant:
Reporting Officer:
Business Unit:
Ward:
Suburb:
Lot 12, House Number 231, Balcatta Road, Balcatta
MGA Town Planners
Acting Manager Approvals
Approvals
Hamersley
Balcatta
Authority/Discretion
Definition
Advocacy
Executive
Legislative
Quasi-Judicial
Information
Purposes
when Council advocates on its own behalf or on behalf of its
community to another level of government/body/agency.
the substantial direction setting and oversight role of the Council.
e.g. adopting plans and reports, accepting tenders, directing
operations, setting and amending budgets.
includes adopting local laws, town planning schemes and policies.
Review when Council reviews decisions made by Officers.
when Council determines an application/matter that directly affects a
person’s right and interests. The judicial character arises from the
obligation to abide by the principles of natural justice. Examples of
Quasi-Judicial authority include town planning applications, building
licenses, applications for other permits/licenses (eg under Health
Act, Dog Act or Local Laws) and other decisions that may be
appealable to the State Administrative Tribunal.
includes items provided to Council for information purposes only,
that do not require a decision of Council (i.e. - for 'noting').
Moved Councillor Italiano, seconded Councillor Willox
That pursuant to the Orders made by the State Administrative Tribunal in accordance with
Section 31 of the State Administrative Tribunal Act 2004 (WA), the Council RECONSIDERS
its decision and that pursuant to Clause 10.3.1 of Local Planning Scheme No.3, the
application for Additions to Office, Warehouse and Office at Lot 12, House Number 231,
Balcatta Road, Balcatta be REFUSED for the following reasons:-
a. The application proposes numerous ground floor office tenancies which is contrary to
the requirements of the City’s Mixed Business Design Guidelines which requires office
uses to be located on upper levels and for ground floor levels to be utilized by
showroom and other active commercial uses; and
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