Town of Victoria Park to seek legal advice in attempt to stop development on Carlisle IGA site


The Carlisle IGA is set to go despite the Town of Victoria Park seeking legal advice to stop a Hungry Jack’s and 7-Eleven convenience store and petrol station.
The Carlisle IGA is set to go despite the Town of Victoria Park seeking legal advice to stop a Hungry Jack’s and 7-Eleven convenience store and petrol station.

TOWN of Victoria Park will seek legal advice about the Joint Development Assessment Panel’s (JDAP) decision to approve a Hungry Jack’s and 7-Eleven convenience store and petrol station on the Carlisle IGA site.

The council’s decision looks to be too late for the owners of the IGA after they received a notice to leave the site.

A motion from councillor Ronhhda Potter for the council to look into the process for challenging the decision, whether there were grounds for appeal and the prospects of success was passed at last night’s council meeting.

The council has committed up to $10,000 to seek legal advice but will seek an estimate for the legal costs for a potential challenge, including the costs if it was unsuccessful.

Teressa Thai, whose family owns the Carlisle IGA, said they received a termination notice on Monday, which meant they had three months to leave.

“We will be gone from the building by August 1, I don’t think we can wait because we would be in breach of the notice,” she said.

“I think this is a good decision from the Town and it shows they do listen to the community.”

The panel approved the development on April 18 after it came to them for a second time.

The Town’s advice was to reject the development and although councillors Vicki Potter and Claire Anderson voted against it, they were outvoted on the five-member panel.

JDAP presiding member Charles Johnson said although there were community concerns, the majority of the panel concluded the application could be approved subject to suitable conditions.

Several councillors said the council needed to explore every option to halt the development.

The JDAP refused developer Peter Webb and Associates’ plans in May 2017 following concerns about traffic.

After the developers appealed to the State Administrative Tribunal (SAT) on behalf of the site owner Universal Enterprises Pty Ltd, the JDAP was ordered to reconsider its decision.

A community campaign to Save Carlisle IGA garnered 6000 signatures last year and a petition this year received more than 3000.

A Dan Murphy’s liquor store was refused by the council in 2013 and that decision was upheld by SAT.

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