The Metro Central Joint Development Assessment Panel (JDAP) approved the construction of the apartment block at 9-11 King William Street last month, going against the council’s recommendation.
The JDAP decision can only be appealed at the State Administrative Tribunal by the applicant, Yolk Property Group. However, a third party can make an application to the Supreme Court for a judicial review.
Bayswater Deserves Better member Keith Clements said the residents’ group started a petition last week to push council to call a review.
The petition states the development would have an “undue impact” on the heritage and area because of its bulk and scale, lack of car parking and disregard of the Town Planning Scheme that states a maximum of five storeys.
“The JDAP approval sets precedence for overdevelopment of the Bayswater town site and commercial precincts, compromising the future structure plan and the entire town planning scheme,” Mr Clements said.
“I consider the proposal fails the community and the council’s Town Planning Scheme.”
At a council meeting last week, Mayor Barry McKenna said the council had six months to decide whether it would request a judicial review and would discuss the matter at a workshop this month.
Cr McKenna said they would seek advice from the lawyers of South Perth council, which wants a 38-storey apartment block on the Swan River foreshore rejected on the back of a judicial review that led to a JDAP decision on a 29-storey apartment block being overturned. Two residents requested the review, which the Supreme Court found breached local planning laws.
But Cr McKenna said City officers informed him the court was not likely to change the ruling. He added Bayswater residents could also go to the Supreme Court.
Following the King William Street approval, Cr Dan Bull withdrew his nomination to become a deputy JDAP member. Cr Brent Fleeton has taken his place.