THE Supreme Court has today dismissed an application from the Swan Foreshore Protection Association (SFPA) for a judicial review into the ground lease for the proposed wave park in Alfred Cove.
The SPFA argued that the City of Melville failed to advertise the name of the lessee in its business case for the $25 million proposed project.
The ground lease was ticked off by the City of Melville and the Wave Park Group (WPG) in April 2017.
Urbnsurf and WPG founder and executive chairman Andrew Ross said the decision meant “common sense” had prevailed and vindicated the company’s decision to not back down to pressure from a “noisy minority” who wanted to keep prime public land on the riverfront for their own enjoyment.
“This is a huge win for the broader community because it rejects a silly and spurious technical argument that should never have been come before the Court,” he said.
“The Court’s decision gives us great confidence to move forward with establishing a wave park for the enjoyment of everyone in Perth, and to create a must-visit destination for surfers and non-surfers from all over Australia and internationally.”
SFPA chairman Clive Ross said the judgement found that the City did not comply with parts of the Local Government Act.
“The City failed to list Urbnsurf as a party and this was acknowledged although it was said that the issue lies with the Local Government Minister,” he said.
“We will take this further but what forum this takes place depends on the legal advice that we receive.”
City of Melville chief executive Shayne Silcox said it was a “common sense” decision.
“It was a technical error caused by the change in the name of the subsidiary but it was inconsequential,” he said.
“The wave park will deliver economic outcomes for the City and the State.
“We understand that some people are unhappy about the project but we feel we have made the decision in the best interest of the community.”
The Environmental Protection Authority (EPA) announced in June that it would not assess the proposed wave park.