A SECOND Supreme Court bid to overturn the approval of a Woolworths in Mt Pleasant has failed on the eve of the supermarket opening.
Canning Bridge IGA owner Greg Brindle’s company Milem Pty Ltd requested a judicial review into the approval by the Metro Central Joint Development Assessment Panel (JDAP) for the second time.
Woolworths is set to open on Wednesday at the corner of Canning Highway and Reynolds Road.
Milem was unsuccessful last year in a first attempt to gain a review, with Justice Gail Archer making the decision on November 30 that the panel “did not act legally unreasonably as alleged by the grounds of judicial review”.
The company’s second bid, which was turned down on Thursday, was based on the City of Melville’s report to the JDAP, including a liquor store as a minor amendment.
When that happened in March 2018, the panel accepted a proposal for a liquor store and cafe at the site after it voted 3-2 to allow the conversion of two shop tenancies.
Mr Brindle said the bid was not to do with competition but the City’s zoning.
“It had to with the interpretation that is allowing large retail shops into places they shouldn’t be,” he said.
“Traditionally these large shops would be in places like the Riseley Centre or Canning Bridge, but there have been changes in the interpretation of zoning.
“It’s not just an issue in Melville and we’ll continue to lobby State planning bodies.”
A Woolworths spokeswoman said the company noted the Supreme Court’s decision and looked forward to welcoming customers into the store.
Work began in February 2018 to build a ground-level Woolworths store with space for special tenancies above.
The development, which replaces the old medical precinct opposite the two-storey McDonald’s restaurant, is expected to include two underground levels with bays for up to 236 cars.