Once again two individual rate payers have won their bid in the WA Court of Appeal to correct errors made by a Development Assessment Panel (JDAP) in Western Australia. Karyl Nairn and Ric Hawley succeeded today in overturning another erroneous decision by a JDAP to approve a non-compliant planning application for the site at 74 Mill Point Road in South Perth's Peninsula.
The WA Court of Appeal today (20/02/2018) issued its judgment in respect of planning approval granted last year at 74 Mill Point Road for a 34 storey tower block. The development application by Edge Developments was strongly opposed by local residents, including on the two grounds which the Court of Appeal has upheld and which a majority of members of the JDAP ignored.
The Court found that the JDAP misapprehended or disregarded the limits of its function under the scheme and took into account an irrelevant consideration. Importantly, the Court also held that the JDAP was wrong to rely on its own previous unlawful approvals of other very high towers in South Perth as a justification for approving new high rise developments.
Consequently, the JDAP exceeded its jurisdiction and the Court quashed its approval.
Ric Hawley, who is himself a property developer, said: "Edge Developments and their spokespeople have been wrongly trying to characterize the overwhelming opposition to 30 plus storey buildings in the South Perth Peninsula as "nimbyism" when in fact most residents simply do not want inappropriate development. We are not anti-development. High rise residential buildings of the kind being promoted by Edge on the Peninsula, are unacceptable for a myriad of sensible planning reasons, importantly they do not consider the existing heights of the built environment."
Karyl Nairn, a lawyer, welcomed the decision. "It shows that local residents were right to object to JDAP members relying on their wrongful approval of other high rise buildings in South Perth as a 'precedent'" she said. "It is time to end this madness. For future development applications, the JDAP must start from the correct baseline and not take into account irrelevant considerations."
Vicki Redden, President of the local action group which has campaigned tirelessly to prevent mega high rise in favour of more proportionate development in South Perth, called upon the JDAP members who have made repeated errors in connection with 74 Mill Point Road to recuse themselves so that a fresh perspective can be brought to bear on planning in the area. "We are fortunate that two civic-minded individuals have been prepared at great personal cost to step in and correct these injustices. Private citizens should not have to spend a fortune taking public action to ensure that planning officers abide by the law, but regrettably this is how bad things have become at South Perth." she said. "We hope the Labor government will now take this opportunity to re-examine the JDAP process and overhaul the planning scheme in South Perth."
This is the third time that Karyl Nairn and Ric Hawley have brought a case before the WA courts to overturn development approval for a high rise building on 74 Mill Point Road. They have succeeded in each stage, over the objections of the developers.
For more information please contact:
Margie Tannock, Partner - Squire Patton Boggs (AU)
Level 21, 300 Murray Street, Perth WA 6000
08 9429 7456
0458 144 012 firstname.lastname@example.org
Vicki Redden South Perth Peninsula Action Group Inc
0404 800051 email@example.com
New development in South Perth is supposed to be sensitive, sophisticated and respectful of the neighbouring area. This is none of those things!
All the other buildings along Mill Point Rd have setbacks all around to allow for vegetation and large trees as you can see in this picture.
This would be the first complex with a massive podium and no set backs on the sides and rear - so the 4 storey podium will take up the entire block of land.
How can anyone say this will blend in?
Unless of course you are a developer or real estate agent.