THE new Melville council has a difficult decision to make next week about a contentious development on the edge of the Canning Bridge Activity Centre Plan (CBACP) area.
The previous council deferred making a decision in October on the planned four-storey, three dwelling development at 4A View Road, Mt Pleasant because of varied legal opinions.
Although the development technically complies with the regulations, it is contentious because the boundary of the activity centre plan is right on the boundary that divides 4A View Road and its neighbour to the south at number 6, which is owned by Rosemary Waldron-Hartfield.
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Ms Waldron-Hartfield addressed the council alongside planning lawyer Margie Tannock last month with concerns the proposed development would cause her to lose light to her outdoor living area, living room and dining area.
She returned on Tuesday night at the council’s briefing session alongside her husband Brenton and another View Road resident to implore the council not to approve the development.
Her property is zoned R20 and she called on the protections under the R-Codes to apply in terms of overshadowing.
City officers have noted that the R-Codes do not apply to a development within the CBACP and the development at 4A should be approved.
Harden Jones Architects director Giles Harden Jones noted his sympathy for the neighbours and highlighted the CBACP boundary as the main issue.
The council is expected to make a decision on Tuesday, November 19.