City seeks legal advice on JDAP approval of 74 Mill Point Rd, South Perth

On Wednesday 19 October 2016 the Metro Central Joint Development Assessment Panel (JDAP) granted conditional approval of a proposed 34 storey development on 74 Mill Point Road, South Perth.

The City of South Perth staff recommended refusal of the proposed development on numerous grounds, including the residential plot ratio being greater than 1.5; the building height being greater than 25 metres (116.60 metres) and significantly impairing the effect of Amendment No. 46, and the zero street setback impairing the effect of Amendment No. 46; and the amount of traffic that would be generated by this development. This refusal was strongly supported by the Council.

At the Council Meeting held on Tuesday 25 October, the Council unanimously resolved to allocate funding of up to $60,000 to seek legal advice and engage a Senior Counsel to determine whether reasonable grounds exist that would require the Supreme Court to consider a review of JDAP’s decision, and as to the prospects of a successful appeal in the event the appeal is heard. 

“The Council is extremely disappointed with the JDAP approval of this development and believes that it will have a considerably adverse impact on the amenity of the South Perth Peninsula. This is why the Council have resolved to seek legal advice on whether or not there are grounds for an appeal to be considered by the Supreme Court.” City of South Perth Mayor Sue Doherty said.

“The Council fully supported the City officer’s recommendations to refuse the development application. At the JDAP meeting last week City staff provided compelling evidence, particularly in relation to the traffic modelling and the effect it would have on the South Perth Peninsula road network.”

“The Council especially is very disappointed that the JDAP did not have due regard to Amendment No. 46, approving a large scale development with significant height and zero street setback.”

At a Statutory Planning Committee of the West Australia Planning Commission meeting held on Tuesday 25 October, the City made a further deputation requesting the determination on Amendment No. 46 be expedited.

“A critical aspect of this matter is the fact that Amendment No. 46 was sent to the Department of Planning in early May,” Mayor Doherty said.

“It has now been nearly 6 months and a determination on Amendment No.46 has still not been made. This delay, allowing the amendment process to remain in limbo is totally unacceptable for everyone – the Council, City, our community and developers and is enabling decisions like last week’s to be made without JDAP from our perspective taking into account the provisions of the amendment.”