minutes - City of Stirling

MINUTES OF THE ORDINARY MEETING OF COUNCIL
18 SEPTEMBER 2012
Clause 4.2.8 of LPS3 sets out the objectives of the Mixed Business Zone which are as
follows:-
a) To facilitate a development mix of showrooms and service industry of a higher
aesthetic quality located on major traffic routes;
b) To provide a more intense commercial business development form within established
industrial areas of the City; and
c) To ensure that traffic management, road safety, site access, onsite parking, building
design and streetscape appearance are not compromised.
When considering an application for approval such as this, Council is to have due regard to
the matters contained under Clause 10.2 of LPS3. The following matters contained within
Clause 10.2 of LPS3 are considered most relevant to this application:-
b) The requirements of orderly and proper planning;
f) Any Local Planning Policy adopted by Council under Clause 2.4;
i) The compatibility of a use or development within its setting; and
o) The relationship of the proposal to development on adjoining land or on other land in
the locality including but not limited to, the likely effect of the height, bulk, scale,
orientation and appearance of the proposal.
Other Policies
Local Planning Policy 4.4 - Mixed Business Design Guidelines
In relation to the use of commercial floor space within the Mixed Business Zone the
guidelines contain the following provisions under the heading of “Streetscape Relationship:
Activity and Uses”:-
Showroom and other active commercial uses shall be located on the ground floor
level; and
Background
Office and other non-active uses shall be located on upper levels.
The subject application (DA12/0477) was lodged with the City on 12 March 2012. The City’s
initial assessment identified the proposed ground floor office use as being contrary to the
City’s Mixed Business Design Guidelines. The applicant proceeded to lodge further
information in support of their claim that office uses on the ground floor should be permitted.
The City considered the additional information and advised the applicant that the proposed
office uses on the ground floor would not be supported.
The City subsequently approved the development proposal, with a condition imposed
requiring the ground floor tenancies to be used as showrooms. The condition was imposed
after liaising with the applicant, and the applicant provided confirmation in writing that they
were agreeable to the imposition of this condition. The City subsequently issued an
approval subject to conditions on 21 June 2012 under delegated authority. The applicant has
since lodged an application for review with the State Administrative Tribunal (SAT).
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