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[2007] WASAT 242
appellant. The application for review was allowed. The decision of the respondent was set aside and conditional planning approval was granted for the proposed physical alterations to the existing building.
The State Administrative Tribunal overturned the Town of Cambridge's refusal to allow a video store to become a bank. The Tribunal first decided that the bank didn't actually need planning approval for the change of use because a previous tribunal in 2001 had already approved 'Office' uses for that building, and 'Office' includes banks. Even if approval had been needed, the Tribunal found the bank would cause fewer traffic problems than the video store it was replacing. The Tribunal also rejected concerns about parking for armoured vehicles, saying this could be sorted out later as a condition of approval. The Tribunal approved the application but imposed conditions about landscaping, parking bays, and arranging armoured vehicle parking.
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(i) Only one ATM being provided in the new tenancy and on The Boulevard façade;
(ii) The existing handrail between the egress road and Tenancies 96 and 98 being extended for the full length of the building as shown on the amended plans dated 1 May 2007;
(iii) Four designated parking bays for bank customers being provided on the upper level shopping centre car park as shown on the amended plans dated 1 May 2007;
(iv) "No standing" directions being painted on the egress road adjacent to the proposed bank.
(v) A detailed landscaping plan, including a list of plants and landscaping and reticulation, shall be submitted to and approved by the Town prior to the occupancy of the building. The landscaping of the area in front of the building shall assist in ameliorating the visual impact of the ATM facility and the new entrance to the building from the surrounding roads. All landscaping works in the approved landscaping plan shall be established within 3 months of the occupancy of the building and maintained thereafter by the owner(s)/occupier(s).
(vi) Suitable arrangements being made to the satisfaction of the Town of Cambridge for the provision of an armoured vehicle embayment.
I certify that this and the preceding [43] paragraphs comprise the reasons for decision of the State Administrative Tribunal.
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The application for review was allowed. The decision of the respondent was set aside and conditional planning approval was granted for the proposed physical alterations to the existing building.