minutes - City of Stirling

MINUTES OF THE ORDINARY MEETING OF COUNCIL
18 SEPTEMBER 2012
The Mixed Business Zone and its associated objectives are quite recent in the context of the
City’s planning scheme. The objectives and changes in land use patterns that the Mixed
Business Zone has been created to facilitate are obviously not widespread and are yet to
materialise given the limited time since DPS2 was amended (Amendment 492 in 2008) and
the introduction of LPS3. Based on the relatively new zoning provisions and the associated
objectives, existing land use patterns that have been established under the previous zoning
(Special Garden Industrial) do not justify the approval of applications that are consistent with
established land use patterns rather than the current scheme and policy requirements and
objectives.
As previously stated, Clause 4.2.8 of LPS3 sets out the objectives of the Mixed Business
Zone which are as follows:-
o) To facilitate a development mix of showrooms and service industry of a higher
aesthetic quality located on major traffic routes;
p) To provide a more intense commercial business development form within established
industrial areas of the City; and
q) To ensure that traffic management, road safety, site access, onsite parking, building
design and streetscape appearance are not compromised.
The proposed development does not facilitate a development mix of showrooms and service
industry located on major traffic routes, as 71% of the ground floor space fronting the street
is proposed as office. “Showroom” and “Industry – Service” are two (2) distinct and defined
land uses under LPS3. The proposed predominant use of “office” is not considered to meet
these definitions.
The proposed use of office as compared to the existing use of showroom is not considered
to “provide a more intense commercial business development form” within the area. Intense
commercial uses attract high volumes of customers and clientele to a site during trading
hours by the nature of their operations i.e. showrooms (permitted use) attract customers
viewing and purchasing goods whilst medical centres (discretionary use) attract people
seeking medical treatment. The very natures of these businesses rely on people coming to
the site. Office uses however, do not necessarily involve a regular turnover of customers to
the site, reducing its ability to be considered ‘a more intense commercial business
development form”. The proposal is therefore not considered to provide a more intense
commercial business development form within the locality.
The proposed development application directly contravenes the objectives of the Mixed
Business Zone as set out under LPS3, and directly contravenes the land use controls as set
out within the Mixed Business Design Guidelines. The City is therefore unable to consider
the application for approval. The application is subsequently recommended for refusal.
Policy and Legislative Implications
The owner/applicant has exercised their right to have the decision reviewed in accordance
with Part 14 of the Planning and Development Act 2005 in relation to condition 1 of their
approval dated 21 June 2012.
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