Metro Central JDAP approved a controversial seven-storey development at 9-11 King William Street in Bayswater, a reversal of its original decision last year and in opposition to the council’s recommendation.
At a meeting last week, the council decided to write to Mr Day and Attorney General Michael Mischin to inform them of their disappointment with JDAP’s decision and request a review of the JDAP process and system.
Mayor Barry McKenna said he was disappointed with JDAP and the King William Street approval.
Cr McKenna said further power was taken away from councils when the opt-in threshold for development proposals dropped from $3 million to $2 million last year.
“We are being made irrelevant in the whole process,” he said.
Councillor Dan Bull withdrew from his nomination to become a deputy member at JDAP following the approval of the Bayswater development.
“I think JDAPs are not doing any service to our community,” he said.
Cr Bull said he was concerned about the way the “quasi-judicial body” used discretion when they interpreted the planning scheme.
However, Mr Day said the JDAP system was working and a review would not be carried out, as one had been conducted in 2013.
“I’m satisfied that the DAP has carefully considered the planning merits of the King William Street, Bayswater proposal and made its decision in accordance with the provisions contained within the planning scheme,” he said.
“The DAP system is working. Since being introduced in 2011 there have been 994 DAP applications; only a small number of these have been contentious, most have been decided in accordance with the local government’s planning recommendations.”
Mr Day said JDAP exercised its discretion provided under the scheme and approved the revised proposal, subject to conditions.
“DAPs, like local councils, must make decisions based on a local government’s planning scheme and policies,” he said.
Bayswater will also seek legal advice about the height provisions in Special Control Area 12 for future developments.
The five-storey and 20m restriction caused confusion amongst parties during the application process.
“It’s a clear indication of council to be very descriptive with town planning schemes,” Cr McKenna said.