MEETING OF COUNCIL - Town of Cambridge

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COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013Neighbour submissionAs a 'use not listed' under the Town Planning Scheme, the application was advertised for publiccomment for a 21 day period with all landowners within a 100 metre radius of the developmentsite being advised of the proposed and a sign being erected on the site.At the conclusion of the advertising period, two submissions had been received. Of these, onesupported the application and one was supportive but raised some concerns regarding parkingprovision and noise control.CommentLand UseThe 'small bar' classification is a use that is not listed in Town Planning Scheme No. 1, havingonly relatively recently been introduced as a specific liquor licence type.Clause 11 (5) allows the Council to consider the use of land for a particular purpose notspecifically mention in the Zoning table and not reasonably falling within the interpretation ofone of the Use Class categories by:-1. Determining that the use is consistent with the objectives and purposes of the particularzone and is therefore permitted; or2. Determining that the proposed use may be consistent with the objectives and purpose ofthe zone and thereafter following the 'SA' procedures of Clause 37 of the Scheme inconsidering an application for planning approval; or3. Determining that the use is not consistent with the objectives and purpose of theparticular zone and is therefore not permitted.The site sits within the Southport Street Commercial Node which has been identified for higherintensity residential and commercial development in keeping with transit oriented developmentprinciples. Consideration is also required to be given to the nature of uses, and their designand layout to minimise the impact on adjacent residential uses and to ensure a high standard ofdesign appropriate to such locations.A 'small bar' in the Southport Street Commercial Node is considered consistent with theobjectives for the zone provided it is locally focussed and properly managed. The bar will addvitality to the area providing a place whereby nearby workers and residents can socialise. Thesite is considered to be in a suitable location for this type of business as it is central to acommercial node currently undergoing revitalisation.Car ParkingAs the proposed small bar is a 'use not listed' under the Town Planning Scheme, there are nospecific provisions applicable in terms of car parking calculations. When the Councilconsidered the mixed use development, the café space was required to provide 29 car baysbased on seating area. It was noted within the Council report that a total of 25 car bays, sixmotorbike bays and ten bicycle racks are provided on site for the entire development. Theapplicant for the mixed use development also provided $50,000 cash in lieu towards theprovision of future parking improvements within the vicinity of the site.The draft car parking policy currently before Council for adoption recommends that a small barrequires one car bay per 5 people. This is a ratio adopted by a number of other localgovernment authorities in the metropolitan area and the small bars previously considered bythe Town (the Stanley and the Woodman, both on Cambridge Street) were assessed at aH:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\B DV.DOCX 31
COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013similar ratio. If this ratio was applied to the current application, 14 car bays would be requiredto be provided. This is less than the ratio previously applied to the café within the sametenancy.It is considered that the same argument applies as for the café with patrons being attractedfrom the surrounding commercial area who are already at work (and therefore not requiringadditional car parking) as well as patrons living in the residential units within the Commercialnode who may either arrive on foot or choose an alternative form of transport such as a taxi,bus or bike. Cambridge Street is also well serviced by public transport and the building islocated close to two train lines.Given that peak trade for small bars is usually after 5pm, when the majority of surroundingbusinesses have finished trading, it is considered that there will be sufficient parking availablefor the small bar in the evening.Noise and Amenity IssuesThe applicant proposes that the premises will attract a mature and sophisticated clientele withlow-level background music. The location of the tenancy facing over Harrogate Street meansthere are no nearby residential properties that could be affected by noise.In terms of anti-social behaviour, the intent of the small bar is to provide a sophisticated andambient small bar with the responsible service of alcohol. The small bar provisions under theAct do not allow the bar to sell packaged liquor and patrons will not be permitted to takeglasses or drinks from the premises. Given the limited number of patrons and its targetclientele, there is a reduced risk of vandalism and anti social behaviour causing a nuisance tolocal residents and businesses. This is difficult to police, however, and is primarily theresponsibility of the Department of Racing, Gaming and Liquor.POLICY/STATUTORY IMPLICATIONS:There are no policy or statutory implications related to this report. The proposal was assessedagainst the provisions of the Residential Design Codes (R Codes), Town Planning SchemeNo.1, and the Town Planning Scheme Policy Manual.FINANCIAL IMPLICATIONS:There are no financial implications related to this report.STRATEGIC DIRECTION:Consideration of this application is consistent with the Town's Strategic Plan 2009-2020 for thepriority area 'Planning for our Community'.COMMUNITY CONSULTATION:This matter has been assessed under the Community Consultation Policy. The requirementsfor consultation have been satisfied under the statutory provisions of the Town PlanningScheme.ATTACHMENTS:1. Summary of submissionsH:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\B DV.DOCX 32
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MEETING OF COUNCIL - Town of Cambridge

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