‘Landowners within the boundary may have rights to claim compensation, should their property be ‘injuriously affected’ by the reservation, through the WA Planning Commission’s (WAPC) Metropolitan Region Improvement Fund,’ Planning Minister John Day said.
On May 28, Mr Day approved a minor amendment to the Metropolitan Region Scheme that moved the boundary to the top of a cliff at the north-west and northern shores of the bay.
Businessman John Poynton, of Cliff Street, is now considering his legal options.
About 24 properties in Bindaring Parade, Claremont, and Victoria Avenue, Dalkeith had land previously covered by the reserve at the bottom of lots converted to an urban zoning.
Mr Day said the changes were made to protect the cliff and the visual amenity of the Swan River.
However, eight residents, Methodist Ladies’ College, Christ Church Grammar School, Bethesda Hospital and Claremont Council opposed the new boundary.
Their fears included being denied river access down the cliff that had been on their titles, prevention of developments including new school rowing sheds, security if a proposed path or boardwalk allowed public cliff top access and a new level of bureaucracy for work at foreshore parks.
Mr Day said residents would keep exclusive use of their cliff land and there was no additional costs to the council because its parks were already in the reserve.
Residents were also concerned that by classing the amendment as minor, the WAPC had stopped a public hearing about the change, but Mr Day said the amendment was advertised. WAPC documents show the hospital got its request for the cliff near its foreshore carpark to remain in an urban zone and concerns about cliff top security were recognised.
– Unmaintained cliff land at Osborne Street, Claremont is Claremont Council’s responsibility and not the Swan River Trust as reported in Western Suburbs Weekly last week.