THE City of Swan has taken the State Administrative Tribunal to the Supreme Court over a decision made by SAT which the City claims is incorrect.
The City of Swan classified Henley Brook men’s rehabilitation centre Shalom House as a residential building, a decision that SAT disagreed with.
The Tribunal urged the City to reconsider Shalom House’s application to stay, and advised Shalom House could be reconsidered as an unlisted or in nominate use, allowing the centre to stay in its current location.
But Mayor Mick Wainwright said it was the City’s view that the decision made by the SAT did not comply with the City’s local planning scheme.
“The City believes the SAT has made an error of law and that is what needs to be cleared up in our appeal,” he said.
“We are not saying we are for or against Shalom House, we are trying to make sure wherever we go from here, we are legally correct with the decision we make.”
Cr Wainwright also said the facility needed to operate in a suitable location.
“If SAT has made a mistake in law, then the only way Shalom House could be approved in its current location would be via a scheme amendment.
“But for now it’s a case of let’s see how we go with this and let’s see what we end up with.”
Chief executive Mike Foley said going to the courts was necessary.
“The legal step needed to be taken to ensure the proper classification was used,” he said.
“From there we can assess Shalom House’s application on proper planning grounds.”