THERE is no reasonable prospect of successfully challenging the Metro Joint Development Assessment Panel’s (JDAP) decision to approve a 7-Eleven convenience store and service station at the site of Carlisle IGA according to legal advice received by Town of Victoria Park.
Following the panel’s April determination, Councillor RonhhdaOK Potter suggested the Town seek legal advice to establish if the assessment, which was contrary to recommendations from council officers, could be challenged.
However it has been noted in an officers report released this month JUNE that council should take no further action.
Cr R Potter said though councillors and the public were disappointment, it was clear the JDAP decision could not be challenged simply on the basis that it exercise its discretion.
“Many of the concerns expressed about the JDAP decision are understandable but the decision can not be challenged only because the it seemed to be a bad outcome,” she said.
“However I know we were all disappointment, so I want residents to be aware that there is currently a review of the JDAP and SAT processes, that is called the Green Paper.
“I would encourage the community to partake in the review so as to encourage more consideration on the impact many of these developments have on surround communities and to give them more right of appeal.”
The Green Paper open for comment July 20.