The application for the mixed use development at lots 990 and 990L Wanneroo Road was supported by the majority of the five-member Metro North-West Joint Development Assessment Panel last week.
City of Wanneroo councillors Frank Cvitan and Russell Driver opposed it.
The site is where the original St Anthony’s Catholic Church stood before being demolished in 2009, with the existing church built on Dundebar Road in 2001.
The long-term site plan included a service station, convenience store, drive-through fast food outlet, multiple dwellings, restaurant and offices.
A report by City officers recommended support subject to 16 conditions but offered an alternative for refusal if the conditions were not imposed.
The conditions included that approval lapse after 20 years and the convenience store and drive-through food outlet be removed.
Speaking on behalf of the applicant at the meeting, Borrello Graham Lawyers principal Julius Skinner appealed for the condition to be deleted.
“We can’t have any sense as to what planning controls will exist in 20 years,” he said.
“To lock it in as condition of planning is unreasonable.”
Panel members from the Department of Planning agreed, with deputy presiding member Paul Drechsler moving a motion to exclude it.
“I don’t see any reason to have a lapsing condition,” he said.
“Twenty years is a significant period of time for the evolution of any development, we may not even have service stations.”
He also sought to delete the second condition, which required the WA Planning Commission to grant approval for the amalgamation of both lots prior to work starting.
Presiding member Karen Hyde said both conditions were unnecessary.
“This is a good development. There are too many unknowns to construct conditions,” she said.
The alternative motion excluding the two conditions and with amendments to several others was carried.