2016-08-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                   9 AUGUST 2016


Further, the applicant through without prejudice negotiations has agreed to the following:
1.    Restore the adjoining reserve land which was used by the applicant for car parking without
      Council approval in accordance with an Operational Works permit to be completed within 12
      months.
2.    Contribute $46,000 towards improvement of public transport infrastructure in lieu of any
      perceived shortfall of on-site car parking.
In respect to the contribution towards public transport, Council currently has a programme of
upgrading all the bus stops in the Shire, with the Goodchap Street bus stops due to be upgraded
in 2017/18 budget. There are currently 3 sets of bus stops in Goodchap Street and a contribution
of $46,000 is estimated to upgrade 1 of these stops, including 1 bus stop shelter and installation
and alterations to the kerb and channel and set down area for passengers.
Overall, given the likely evidence that the applicant has been operating the development
consistently for 5 years without any parking problems, (albeit with use of the adjoining Council
reserve for some of this time) and there is no discernible reason why this would change in the
future, and the submitted survey data it is recommended that Council accept the car parking as
proposed and the applicant’s offer. The alternative is potentially an expensive multi storey car
park, which on the applicant’s and Beard Traffic Engineering’s advice is likely to be underutilised.

Condition 11
11.    A verification survey of the building is to be carried out by a Licensed Surveyor and a
       certificate lodged with Council at completion of the work confirming compliance with the
       maximum allowable building height as required either by the conditions of the approval of
       the Planning Scheme.
Applicant’s Request
The maximum building height of the development approval is controlled by condition 10 which
references the approved plans and empirical measures and is not controlled by the "planning
scheme".
Given the clear terms of condition 10 of the development approval, there is no reason which
warrants condition 11 requiring a survey to be submitted demonstrating compliance with the
maximum building heights in the planning scheme.
Assessment of Request
It is agreed that the existing condition should be amended to reflect the height limits specified in
condition 10. The condition shall be amended accordingly:
11.   A verification survey of the building is to be carried out by a Licensed Surveyor and a
      certificate lodged with Council at completion of the work confirming compliance with the
      maximum allowable building height as required by condition 10 of the approval.


Condition 12
12.   The development is permitted a total maximum use area of 6,054m2 with each individual use
      permitted the following maximum use areas at any one time:-
      12.1 Commercial Business – Type 1 Office – 2,420m2;
      12.2 Commercial Business – Type 2 Medical – 3,000m2
      12.3 Education – Type 3 Adult – 2,723m2
      12.4 Retail Business – Type 1 Local – 100m2
      12.5 Retail Business Type 2 Shop or Entertainment and Dining Business Type 1 Food and
           Beverages – 236m2 (includes 16m2 of outdoor dining).


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