THE City of South Perth is seeking legal advice following the approval of a controversial 34-storey building on Mill Point Road.
The Metro Central Joint Development Assessment Panel (JDAP) approved Edge Visionary Living’s mixed-use building Lumiere on 74 Mill Point Road on October 19.
During a council meeting on October 25, the council voted to allocate up to $60,000 to seek legal advice and engage a senior counsel to determine whether reasonable grounds exist that would require the Supreme Court to consider a review of JDAP’s decision and the prospects of a successful appeal in the event the appeal is heard.
South Perth Mayor Sue Doherty said the council was “extremely disappointed” with the JDAP approval of the development and believed it would have a “considerably adverse impact on the amenity of the South Perth Peninsula”.
“The council fully supported the City officer’s recommendations to refuse the development application,” she said.
“At the JDAP meeting last week, City staff provided compelling evidence, particularly in relation to the traffic modelling and the effect it would have on the South Perth Peninsula road network.”
“The council especially is very disappointed that the JDAP did not have due regard to Amendment No. 46, approving a large-scale development with significant height and zero street setback.”
At a Statutory Planning Committee of the West Australia Planning Commission meeting held on October 25, the City made a further deputation, requesting the determination on Amendment No. 46 be expedited.
Amendment No. 46 is an amendment to the City’s Town Planning Scheme, introduces absolute height limits (25m), reduces the Special Design Area precinct, requires maximum 10 per cent variation from minimum lot area and frontage, increases street setbacks in identified streets; and requires a mandatory 1.5 minimum non-residential plot ratio for developments in the South Perth station precinct.