South Perth residents lodge case in Supreme Court against Mill Point Rd development approval

Artist impression of Hillam Architects development at 72-74 Mill Point Road, South Perth.
Artist impression of Hillam Architects development at 72-74 Mill Point Road, South Perth.

EDGE Visionary Living faced the Supreme Court this month after South Perth residents KarylNairn and RicHawley lodged a case against its 2016 approval for a 34-storey development on Mill Point Road.

Grounds for the review centred around the Joint Development Assessment Panel (JDAP) exceeding its jurisdiction by approving the proposal despite it allegedly surpassing the plot ratio and building height limit of the area.

City of South Perth received the plans for the 116.5m building in August 2016 with approval granted by JDAP in November 2016.

With the outcome of the case still pending, Edge Visionary Living has lodged a new proposal for a 36-storey development at the same site, 72-74 Mill Point Road, South Perth, which is open for public comment.

The proposal for the 118.2m mixed use development includes 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 the new development application, which provided a slimmer building and 4m set back, was lodged as a fail safe if the court ruled against them.

It also aligns with an amended Town Planning Scheme that earlier this year removed the requirement to have 50 per cent of the building as commercial use; the reason the company’s 2015 approval for a 29 storey building was lost on appeal.

“The issue we have is that the development application facing court is not our preferred option however if the new application is approved there is again potential for it to be challenged,” Mr Hawkins said.

“We only have until November 2018 to begin works, providing the court rules in our favour, so I feel if appealed again we would be forced to move ahead with the current plans which I think is a shame.”

The South Perth Peninsula Action Group is against both active applications.

Spokeswoman Vicki Redden said the action group’s frustration was with developers in South Perth who she claims actively subverted the validity and application of planning rules.

“Something is seriously wrong with a system where ratepayers have to police, at their own expense, the lawfulness of decisions of an unelected, unaccountable and poorly advised planning body,” she said.

“Most residents do not have the means to mount a judicial review but it is the only way to protect communities from long-term harm when JDAP misuses its extraordinary powers.

“There is ample evidence and comparisons to suggest that the City will not cope with or certainly not be enhanced by the proposed influx of people and cars that these 30-50 storey buildings will bring.”

Public comment on the new application closes on Friday, January 5.

Visit www.yoursay.southperth.wa.gov.au.

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