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City of Swan says challenge to JDAP ruling on 100 Terrace Road will be difficult

Justin BianchiniMidland Kalamunda Reporter

A recent decision by the Metro East Joint Development Assessment Panel (JDAP) to approve a mixed use development at 100 Terrace Road in Guildford will be difficult to challenge, according to the City of Swan.

Chief executive Mike Foley said the City had reviewed its options in relation to the JDAP decision following the receipt of legal advice.

“The City is not of the view that the JDAP has misapplied its discretionary powers with respect to the consideration and application of the Guildford Conservation Precinct Policy,” he said.

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“Initial opposition to the development was in relation to the character of Guildford and questions around how a multi-storey, mixed use development would complement the heritage landscape.

“The Guildford Conservation Precinct Policy sets out the significance of Guildford and articulates a series of general principles and design guidelines to be applied within the conservation precinct.

“These principles address elements including size, scale, materials, paving, signage and so forth, and for each there is a deemed-to-comply standard and associated performance criteria.”

The revised development plans approved by the JDAP on March 14 this year address these criteria in line with the policy.

“The City has done everything in its powers to ensure the development complies with the Guildford Conservation Precinct Policy,” Mr Foley said.

“This is a complex planning matter governed by the schemes and policies which are designed to protect amenity and which JDAPs are required to take into account.

“We are confident that the JDAP did take these requirements into account when making its decision.”