AN extension of approval for the development of a Dan Murphy’s on Canning Highway was rejected by the Central Joint Development Assessment Panel (JDAP) last week .
In October 2017, The Australian Leisure and Hospitality (ALH) Group submitted its development application, for the demolition of a BWS and alterations to the Como Hotel, to the City of South Perth for an extension until 2019 after its 2015 approval lapsed.
South Perth resident Greg Benjamin said the decision to reject the extension was a welcome win for many in the local community who have been objecting to the proposed Dan Murphy for more than five years.
JDAP presiding member Charles Johnson said the panel believed the application was non-compliant, based upon the three tests provided by the State Administrative Tribunal (SAT) to judge an application extension on.
“I was party to the original approval for this application,” he said.
“After considerable debate and various appeals to the SAT, I believe the circumstances have adversely changed to the City of South Perth Town Planning Scheme, with Amendment 50 and Amendment 58.”
ALH has again appealed the decision to the SAT.
A directions hearing is scheduled for April.
Three tests (Georgiou Property 2 Pty Ltd V. Metro Central Joint Development Assessment Panel)
– Whether there has been a substantial change to the planning framework
– Whether the application would be approved in the context of the present planning framework
– Whether the applicant had actively and relatively consciously pursued the implementation of the development approval