Shalom House in Henley Brook is a residential rehabilitation centre for up to 30 men, which has been operating without approval.
Two weeks ago, City of Swan refused a development application from proponent Peter Lyndon-James to have the centre officially approved.
The problem is the centre sits within the Swan Valley Planning Act area and a rural residential zone where boarding houses are not permitted.
Swan chief executive Mike Foley said Council had no discretion to go against its planning scheme once it determined that Shalom House was effectively a boarding house.
�Due to its location within the area covered by the Swan Valley Planning Act, the Council cannot exercise discretion on whether to approve such a facility, as it could within the other areas in the City of Swan,� he said.
�While the law is quite clear on this issue, the owner of the facility may choose to seek a review through the State Administrative Tribunal or take the matter up with the Minister for Planning, but as a Council our hands are tied on this issue.�
Shalom House founder Peter Lyndon-James released a public statement on the Shalom House Facebook page to apologise and urge people to support him by contacting City of Swan.
�I feel the need to issue an apology to the Shire (sic) of Swan and the residents within its boundaries as well as the general public who live near us in Henley Brook,� he said.
�I honestly acknowledged that what I have done is wrong and that I should have followed due process in the registration, location of Shalom and its operations.�
Mr Lyndon-James went on to say he had a letter for supporters to sign and send to the City of Swan to help him continue operating.