190920 MCU19-0089 GC15-137-T03 InsiteSJC letter response to IR Rev0 dhn-signed

to other service station projects in a particular way and, if consistent with that method, this
proposal would require 12 parking spaces. We respectfully ask that Council consider the
distinctive circumstances of the subject proposal.
There is no practical need for 12 parking spaces
We have investigated the need for car parking spaces on other BP services stations, including
those with similar retail facilities. For most of the opening hours of those service stations,
there are only ever a few of the designated car parking spaces occupied. It would be rare for
there to be more than five cars in such parking spaces. The council could corroborate this
assertion by viewing satellite imagery of BP sites if it so desired.
Council should conclude that 12 parking spaces would create additional impervious surfaces
for no practical purpose.
Planning scheme does not require 12 spaces
We also politely suggest that there is a more practical interpretation of the planning scheme
than the requirement to provide 12 car spaces.
We suggest that the scheme’s authors, in preparing the car parking requirement of “4 spaces
per service bay, with a minimum of 5 spaces provided”, originally envisaged that a service
station would require only five spaces unless it also contained service bays. A service station
with service bays would need to provide an additional four spaces per service bay.
Ancillary activities
The definition of ‘Type 5 Vehicle uses’ in the scheme creates interpretation challenges
because it does not specifically refer to ancillary activities. We suggest that it inherently
includes incidental and subordinate activities to the sale of fuel because the parking
requirement for a service station explicitly refers to service bays. Unless a Type 5 Vehicle use
(Service station) included ancillary activities then the scheme could not refer to service bays.
It follows, therefore, that a service station must inherently include other ancillary activities
such as sales ordinarily associated with such a use. There is enough reason to view the entire
proposal as only being a service station and not including a Type 2 retail business; however
our client has agreed to take a conservative and cautious approach to the use definitions for
which they seek approval.
Products retailing in a BP service station
BP Service stations typically retail the following products—
(i)           car care—a full range of lubricants and automotive products
(ii)          confectionery and snacks
(iii)         phone products—recharge and top-up for pre-paid mobile plans
(iv)          magazines and newspapers
(v)           tobacco products




                                                                                       Page 3 of 6