5.2023.153.1 - 953 Albany Highway, East Victoria Park (Closed)

The Town has received a development application for Amendment to Development Approval - Restaurant Hours of Operation at the above-mentioned property. Relevant background/context to the proposal is as follows:

 In July 2017, the Metro Central Joint Development Assessment Panel approved a Development at the subject site for Seven (7) Multiple Dwellings and a Restaurant. Conditions of approval for that development included the following:

6) A minimum of 9 car parking bays shall be provided on site in accordance with the approved plans prior to occupation of the development. These bays shall be marked and allocated to the respective uses contained within the development and comprise the following:

1. A minimum of 7 bays for the exclusive use of residents at all times;
2. 2 bays being available for reciprocal use by the Restaurant and residential visitors, on the basis that the bays are provided for use exclusive by the Restaurant during its operating times (refer Condition 8) and being available for exclusive use by residential visitors at all other times.

 8)  The approved Restaurant is to only operate between the hours of 7am to 5pm on any day, so as to ensure the adequacy of the on-site parking provision.

 It is proposed that condition 8 be amended to read as follows:

 8)  The approved Restaurant is to only operate between the hours of 5:30am to 9pm on any day, so as to ensure the adequacy of the on-site parking provision.

  As per condition #6 the bays are for the exclusive use of the Restaurant during hours of operation. Accordingly, the increase to the hours of operation for the Restaurant represents a reduction in the hours that the bays are available for visitors to the seven (7) multiple dwellings.

 In accordance with Local Planning Policy 37 – “Community Consultation on Planning Proposals”, you are invited to comment on the following:

• Car Parking - The proposed use proposes a shortfall in on-site visitor car parking of 2 bays during the restaurant hours of operation. While 2 bays are required to be provided to comply, 0 bays are proposed to be provided during the restaurant hours of operation.