Decision on Maylands Peninsula Tavern development given third extension

Stock image.
Stock image.

THE Metro Central Joint Development Assessment Panel (JDAP) has granted a proposed addition to Maylands’ Peninsula Tavern a one-year approval extension for the third time, despite the City of Bayswater’s recommended refusal.

Woolworth’s Australian Leisure Hospitality (AHL) Group’s plans for a 942sq m Dan Murphy’s liquor store and alterations to the existing Peninsula Tavern was refused by JDAP in May 2013 before being approved in September 2013.

JDAP granted an extension to the approval timeframe in September 2015 and again in June 2016.

Last October, AHL appealed the WA Liquor Commission’s refusal of their liquor licence in the Supreme Court and is now waiting for the results of an upcoming commission hearing on December 12.

At today’s Metro JDAP meeting, the panel, consisting of presiding member Charles Johnson, deputy presiding member Sheryl Chaffer, acting specialist member Luigi D’Alessandro and Bayswater councillor Chris Cornish, debated the City’s scheme amendment No.74 to Town Planning Scheme (TPS) 24 – Liquor Stores.

City officers Michael Robson and Helen Smith informed the panel about Bayswater council’s approval of the amendment that changed the definitions of small and large liquor stores at last night’s committee meeting.

The amendments included large liquor stores of more than 300sq m and small liquor stores of no more than 300sq m could sell packaged liquor under any category of liquor licence.

Ms Smith said the amendments were yet to be sent to the WA Planning Commission and the Minister for approval.

“This land use is now not permitted on the subject site under the current TPS 24 and seriously entertained scheme amendment no.74,” she said.

“The proposal is also considered to be inconsistent with the City’s strategic intent and vision for the subject site and to unduly impact on the amenity value of the locality.”

Ms Smith said the proposal had significantly changed since 2013 and fell under the City’s definition of a large liquor store but Squire Patton Boggs spokeswoman Margie Tannock, who spoke on behalf of AHL, was opposed to the City’s comments.

Mr Johnson said the extension until October 2018 would give the State Government the opportunity to process the City’s amendment and for AHL to resolve the issue.

He said the City’s amendment was not sufficient in weight in terms of certainty or eminence for JDAP to rely on.

The panel voted 3-1 for the alternate motion to extend the approval for application, with Cr Cornish voting against.

Maylands MLA Lisa Baker was disappointed with JDAP’s decision, and said it should have taken council’s decision into account.

“We will keep fighting Woolworths as the development will lead to an increase in antisocial behaviour and impact ‘at-risk’ people in Maylands,” she said.

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