THE owner of Canning Bridge IGA has gone all the way to the Supreme Court to prevent a Woolworths being built nearby.
The bid to overturn a Metro Central Joint Development Assessment Panel (JDAP) decision to approve a the Woolworths in Mt Pleasant has been heard by the Supreme Court.
The legal bid against the JDAP was launched by Canning Bridge IGA owner Greg Brindle’s company Milem Pty Ltd, with Justice Gail Archer hearing from lawyers for a second day yesterday.
Lawyer Michael Hotchkin from Hotchkin and Hanly Lawyers argued the JDAP should have questioned the information they received from the City of Melville in regards to traffic congestion.
Technical details about the development were discussed during the first day of the hearing on July 19 and yesterday, although a decision is not expected for a few weeks as Justice Archer considers the submissions.
The panel gave the green light to the supermarket on the corner of Canning Highway and Reynolds Road in August 2017, despite concerns about the $23.5 million development’s impact on traffic.
The development was first considered by the JDAP in March 2017 when it was deferred following questions about the proponent’s traffic impact study.
Work on the project began in February and will include a ground-level Woolworths store and space for special tenancies above the shopping centre.
The development, which replaces the old medical precinct opposite the two-storey McDonald’s restaurant, was expected to include two underground levels with bays for up to 236 cars.
In March 2018, the panel accepted a proposal for a liquor store and cafe at the site after it was voted 3-2 to allow the conversion of two shop tenancies.