THE City of Melville will seek legal advice over a contentious proposal for a property right on the edge of the area covered by the Canning Bridge Activity Centre Plan (CBACP).
The planned four-storey, three dwelling development at 4A View Road just sneaks in to the four-storey area of the activity centre, but neighbours aren’t happy.
The neighbour just to the south of 4A, Rosemary Waldron-Hartfield, said she would lose light to her outdoor living area, living room and dining area if a building that size was put up next door. Her property is zoned R20, meaning she cannot build to the same as height as her neighbour.
According to a City of Melville officer’s report, there are no specific provisions relating to overshadowing of properties that are outside of the CBACP zone.
Mrs Waldron-Hartfield spoke to councillors at last Tuesday’s council briefing session along with Squire Patton Boggs planning lawyer Margie Tannock.
Ms Tannock said the issue of neighbouring properties being just inside and just outside the CBACP area was like “living on a different planet”.
She said the boundary for structure plans usually ran through streets and called on the City of Melville to seek advice from the Department of Planning or WA Planning Commission before making a decision about its approval.
City chief executive Marten Tieleman said key factors in determining the boundary included distance from Canning Bridge train station and the Canning Highway transit corridor.
Harden Jones Architects director Giles Harden Jones acknowledged Ms Waldron-Hartfield and Ms Tannock’s concerns but said the owners were following the rules.
City officers also believe the application complies with the CBACP and should be given approval.
The third and fourth storeys have an 8m setback as endorsed by the council in March and approved by the WAPC.