Core framework

What the City must assess

The Scheme and policies make setting, amenity, built form, traffic, access, landscaping and relevant submissions part of the planning assessment.

Applicant's claimEN-0018

The site is 18,095 square metres and zoned Private Institution

The applicant states that the Adriatic Club owns and occupies the 18,095 square metre site, which is zoned Private Institution under Local Planning Scheme No. 3.

What this does not prove: This records the applicant's site description. The title and official zoning map remain the authoritative records.

Primary sourceApplicant's planning report in the DA26/1308 package | Page 5“The subject site is owned and occupied by the Adriatic Club and has an area of 18,095m2. The land is zoned Private Institution under the City of Stirling Local Planning Scheme No. 3 (LPS3).”Open the source page

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Shown in documentsEN-0032

Policy 4.5 generally sets a 6 metre front setback

Policy 4.5 says front setbacks should be 6 metres, with an allowance to match a smaller setback on an adjacent site.

What this does not prove: Applying this rule requires identifying the relevant frontage, adjacent sites and dimensions on the plans.

Primary sourceCity Policy 4.5 Private Institution Design Guidelines | Page 2“Subject to the following, front setbacks shall be 6.0 meters”Open the source page Primary sourceCity Policy 4.5 Private Institution Design Guidelines | Page 2“Where adjacent sites have a lesser front setback, the setback requirement may match that of the adjacent site”Open the source page

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Shown in documentsEN-0035

The Scheme allows the City to require specialist studies and other information

Local Planning Scheme No. 3 says applications must include specialist studies and other information the Council requires to determine them, unless a requirement is waived.

What this does not prove: This power does not mean every listed study is required for every application.

Primary sourceLocal Planning Scheme No. 3 | Page 116“any specialist studies that Council may require the applicant to undertake in support of the application such as traffic, heritage, environmental, engineering or urban design studies”Open the source page Primary sourceLocal Planning Scheme No. 3 | Page 116“any other plan or information that the Council may require to enable the application to be determined.”Open the source page

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Shown in documentsEN-0038

The Scheme makes local amenity and submissions relevant

Local Planning Scheme No. 3 tells the City to consider preservation of local amenity and relevant submissions received on the application.

What this does not prove: This note records two listed assessment matters. It does not determine the weight the City will give either matter.

Primary sourceLocal Planning Scheme No. 3 | Page 120“the preservation of the amenity of the locality”Open the source page Primary sourceLocal Planning Scheme No. 3 | Page 120“any relevant submissions received on the application”Open the source page

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Shown in documentsEN-0039

The Scheme allows approval with conditions or refusal

Local Planning Scheme No. 3 says the Council may approve an application with or without conditions, or refuse it.

What this does not prove: This does not predict the decision or identify the final decision-maker for this application.

Primary sourceLocal Planning Scheme No. 3 | Page 121“grant its approval with or without conditions”Open the source page Primary sourceLocal Planning Scheme No. 3 | Page 121“refuse to grant its approval.”Open the source page

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Shown in documentsEN-0040

The Scheme lists height, noise, access, landscaping and hours as condition topics

The Scheme allows conditions about building height and design, use and noise, access and parking, landscaping, lighting and operating hours.

What this does not prove: Conditions cannot necessarily cure every problem. The Scheme notes that a condition should not change the nature of the application.

Primary sourceLocal Planning Scheme No. 3 | Page 121“design of buildings and associated development, including architectural character, floor levels, height, facades and roofing”Open the source page Primary sourceLocal Planning Scheme No. 3 | Page 121“use and occupation of premises including the nature of tenancies, control of access, limitation of occupancy and control of noise”Open the source page Primary sourceLocal Planning Scheme No. 3 | Page 121“hours of operation and/or occupation of premises or defined areas or activities”Open the source page

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Shown in documentsEN-0041

The Scheme defines amenity as the factors forming an area's character

Local Planning Scheme No. 3 defines amenity as all factors that combine to form an area's character, including its present and likely future amenity.

What this does not prove: This note records the Scheme definition. It does not determine the proposal's effect on amenity.

Primary sourceLocal Planning Scheme No. 3 | Page 132“Amenity: means all those factors which combine to form the character of an area and include the present and likely future amenity”Open the source page

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Shown in documentsEN-0054

The Scheme defines Recreation - Private as indoor or outdoor leisure, recreation or sport

Local Planning Scheme No. 3 defines Recreation - Private as premises used for indoor or outdoor leisure, recreation or sport that are not usually open to the public without charge.

What this does not prove: The definition alone does not decide the exact scope of any approval or prove a future change of activity.

Primary sourceLocal Planning Scheme No. 3 | Page 145“Recreation – Private: means premises used for indoor or outdoor leisure, recreation or sport which are not usually open to the public without charge”Open the source page

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Questions worth asking

What evidence does the City rely on for each relevant assessment matter?
Which concerns can be resolved by conditions and which require refusal or redesign?

CAMPAIGN POSITION

Refuse DA26/1308 in its current form.

Only if approved anyway: If approved anyway, use precise and enforceable conditions without changing the nature of the application.