The approval hinges on a reciprocal Deed of Easement allowing each business owner non-exclusive use of each other’s car bays.
But Tuyen Tran, who owns the land and building used by Xtreme Ice Arena, said the reciprocity of the agreement was one sided, allowing the new business to use a third of the current car bays while not allowing them the use of any new bays.
‘There are only enough car bays for our customers to use, if you take away the 66 bays, where will the customers park?’ Mr Tran said.
‘The City’s actions only benefit one individual from the sacrifices of others.’
A development application for the office building on Chesterfield Avenue was lodged at the City of Stirling in June 2013, relying on the Deed of Easement for the 66 current car bays.
The application was recommended for council approval, provided the existing business and landowners agreed to car parking arrangements.
City of Stirling planning and development director Ross Povey said no public consultation was required because the building was an office, which was alloed under the City’s local planning scheme 4.
He said the local planning scheme 3 also contained a provision to allow reciprocal parking in the Mirrabooka Town Centre.
But the City refused the application when the current land and business owners refused to adhere to the parking arrangement and a council officer highlighted the potential parking shortfall.
The owner subsequently sought a State Administrative Tribunal review, which recommended the City reconsider it’s refusal of the application.
The council was told it would cost $30,000 to reject the SAT recommendation and proceed to a full hearing, and is expected to make a decision on the development application tonight.
Mirrabooka MLA Janine Freeman said she was concerned that after constant t consultation over the Mirrabooka revitalisation, Stirling officers had failed in the basics of consultation.
‘It seems to me that City of Stirling processes, by not consulting the other strata owners before approving the development, has left two owners feeling one owner has done all the taking, leaving them feeling disadvantaged and concerned for the future of their businesses,’ Ms Freeman said.
Mr Tran, a former South Vietnamese Army Captain and Vietnam veteran, likened the process to the heavy handed tactics of the communist regime he escaped.
‘Only communists plan to confiscate and rob innocent people, while in Australia our private property rights have always been respected and protected,’ he said. ‘They are disregarding their citizens, like the communists in my country.’