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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). 74
MINUTES OF THE ORDINARY MEETING OF COUNCIL 18 SEPTEMBER 2012 The applicant has requested that SAT remove condition 1 of development approval (DA12/0477) and subsequently have the floor plan amended to show offices on the ground floor. Condition 1 of the City’s approval currently states:- 1. The proposed development complying with all details and amendments marked in red as shown on the approved plan. Specifically:- a) The ground floor tenancies are approved for use as “showroom” in accordance with the Showroom definition of the City of Stirling’s Local Planning Scheme No.3; b) The ground floor tenancies operating in accordance with the Showroom definition of the City of Stirling’s Local Planning Scheme No. 3 being, “premises used to display, sell by wholesale or retail, or hire, automotive parts and accessories, camping equipment, electrical light fittings, equestrian supplies, floor coverings, furnishings, furniture, household appliances, party supplies, swimming pools or goods of a bulky nature”. The City attended an initial mediation at the SAT on 13 August 2012. At the mediation the SAT member issued the following orders:- 1. Pursuant to s 31(1) of the State Administrative Tribunal Act 2004 (WA) the respondent is invited to reconsider its decision at its meeting on 18 September 2012. 2. The proceeding is adjourned to a further directions hearing at 11am on Friday 24 August 2012 in order to programme a final hearing. At the directions hearing on 24 August 2012 the SAT made the following orders:- 1. The matter is listed for hearing on 2 November 2012 commencing at 9:30am on site. 2. The parties are to file within 7 days a set of agreed programming orders (for the hearing). 3. If necessary, a directions hearing is listed for 12 noon on 19 September 2012. (this directions hearing is only necessary if the programming orders can not be agreed to). The proposal currently before Council is a modified proposal as it proposes a mix of office and showroom development. Assessment Non-Residential Assessment - Local Planning Scheme No.3 Element Satisfies Scheme/ Policy OR Variation Required Comment 1 Site Requirements Not proposed to change of part of this reconsideration. 2 Setbacks Not proposed to change of part of this reconsideration. 75
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minutes - City of Stirling

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