Advice on judicial review application 74 Mill Point Rd

Media Release 17 February 2017
South Perth Station Precinct
At the City of South Perth’s Ordinary Council Meeting Council held in December 2016, confidential legal advice was considered regarding the decision made by the Joint Development Assessment Panel (JDAP) on 19 October 2016 to approve a 34 storey development at 74 Mill Point Road, South Perth.
Legal advice provided was to determine whether reasonable grounds existed that would require the Supreme Court to consider a review of the JDAP’s decision, and as to the prospects of a successful appeal in the event the appeal was heard.
The Council resolved to take no further action until the end of January 2017, on the basis that the Minister’s decision on Amendment No. 46 ‘South Perth Station Precinct’ might be known and this might affect the decision whether to pursue a judicial review. 

The Minister made public the final form of Amendment No. 46 shortly after the Council meeting. 

Further confidential legal advice was received on this matter. The advice notes that the Minister has not accepted the proposed maximum building heights in Amendment No. 46, and the City was advised this significantly undermines the strategic basis upon which a Supreme Court challenge to the JDAP’s approval was being considered.

In light of the above and weighing factors of cost and community benefit in continuing with any judicial review, it is considered that no further action in terms of a judicial review is to be taken at this stage.

The Responsible Authority Report (RAR) prepared in 2016, City staff recommended refusal of the proposed 34 storey development on 74 Mill Point Rd on numerous grounds. These included the development’s ratio of commercial and residential floorspace; the building height being greater than 25 metres (116.60 metres); the zero street setback; and the amount of traffic that would be generated by this development. This refusal was strongly supported by the Council.

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