AN application from Edge Visionary Living for a mixed use development at 74 Mill Point Road, South Perth has been rejected for a fifth time.
The Metro Joint Development Assessment Panel (JDAP) on March 7 refused the application 3-2, for the 36-storey building on the grounds that discretion for an excess building height of about 93m could not be exercised as traffic impacts and safety were not deemed in the City of South Perth’s Responsible Authority Report (RAR), to comply with planning schemes.
The new application will include 30 serviced apartments, 112 residential apartments, a communal amenity, cafe, community meeting room, commercial offices and basement stores, services and residential parking.
Edge Visionary Living managing director Gavin Hawkins said he was deeply disappointed by the decision as it put back the objective of having consistent and reliable planning approval processes.
“Having worked through a number of applications on similar proposals for the site, the issue of appropriate height and scale of the building have been vigorously tested and approved by the JDAP on two previous occasions, as well as being ratified by the Supreme Court of WA, both in the General Division and in the Court of Appeal,” he said.
“It is therefore incredibly frustrating that for a materially similar building, one which in fact has less bulk, larger street setbacks and wider view corridors, should now be rejected by the JDAP.
“The only proposed reason for refusal that was raised by the City in its RAR related to traffic concerns, for which a majority of the JDAP members at the meeting rejected, on the basis that the relevant traffic reports confirmed there would be no unacceptable traffic impact.”
Panel member Glenn Cridland said at the meeting that in no way was discretion for excess height required to be given by the panel when looking at an application on its merits simply because the requirements for allowing that discretion could be met.
In February, a prior application for a 34-storey tower at the same site, which received approval by the JDAP in 2016, was refuted and won by South Perth residents’ Karyl Nairn and Ric Hawley in the WA Court of Appeal.
“I can’t understand why this developer could not propose something less than half this height, which would still be a big increase in density over the base height of 8 storeys,” Mr Hawley said.
“There would still be great views and still satisfy all the ideals and objectives that are detailed in the Town Planning Scheme.”
Mr Hawkins has confirmed Edge will be appealing the decision to the State Administrative Tribunal.