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MINUTES OF THE ORDINARY MEETING OF COUNCIL<br />

18 SEPTEMBER 2012<br />

h. No goods or materials being stored, either temporarily or permanently, in the<br />

parking or landscape areas or within access driveways. All goods and materials<br />

are to be stored within the buildings or storage yards, where provided.<br />

i. No showroom being used for the display or sale <strong>of</strong> foodstuffs, liquor or<br />

beverages; items <strong>of</strong> clothing or apparel; magazines, newspapers, books or<br />

paper products; medicinal or pharmaceutical products; china, glassware or<br />

domestic hardware; or items <strong>of</strong> personal adornment.<br />

The motion was put and declared CARRIED (10/3).<br />

For: Councillors Boothman, Cooke, Ferrante, Jenkinson, Lagan, Proud, Robbins, Sargent,<br />

Stewart and Tyzack.<br />

Against: Councillors Italiano, Michael and Willox.<br />

Reasons for change<br />

1. The established low ceiling heights and small tenancy sizes <strong>of</strong> the existing building are<br />

not conducive to operating as a showroom.<br />

2. The predominant established land use pattern along Balcatta Road is Office.<br />

3. The Application meets the objectives <strong>of</strong> LPS3 Mixed Business Zone and Council<br />

exercises its discretion with the Mixed Business Design Guidelines.<br />

Committee Recommendation<br />

That the item relating to Lot 12, House Number 231, Balcatta Road, Balcatta - Additions to<br />

Office, Warehouse and Showroom - State Administrative Tribunal Application for Review<br />

Dr232 <strong>of</strong> 2012 be REFERRED to the Council meeting to be held 18 September 2012 to give<br />

Councillors the opportunity to inspect the site and to clarify some <strong>of</strong> the issues that appear to<br />

be unresolved.<br />

Officer's Recommendation<br />

That pursuant to the Orders made by the State Administrative Tribunal in accordance with<br />

Section 31 <strong>of</strong> the State Administrative Tribunal Act 2004 (WA), the Council RECONSIDERS<br />

its decision and that pursuant to Clause 10.3.1 <strong>of</strong> Local Planning Scheme No.3, the<br />

application for Additions to Office, Warehouse and Office at Lot 12, House Number 231,<br />

Balcatta Road, Balcatta be REFUSED for the following reasons:-<br />

a. The application proposes numerous ground floor <strong>of</strong>fice tenancies which is contrary to<br />

the requirements <strong>of</strong> the <strong>City</strong>’s Mixed Business Design Guidelines which requires <strong>of</strong>fice<br />

uses to be located on upper levels and for ground floor levels to be utilized by<br />

showroom and other active commercial uses; and<br />

b. The proposed development application is not consistent with the objectives <strong>of</strong> the<br />

<strong>City</strong>’s Mixed Business Zone as set out under Clause 4.2.8 <strong>of</strong> Local Planning Scheme<br />

No.3.<br />

70

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