The State Administrative Tribunal rejected the proposed $35 million five-storey mixed-use development in May because it exceeded Subiaco’s 9m wall and 12m overall heights on Hay Street-facing lots.
Devwest executive director Chad Ferguson said it was difficult to comprehend how the City could employ clause 28, which allows councillors to use their discretion, to approve many buildings that exceeded the 9m height limit and then reject its proposal ‘on a legal technicality’.
Mr Ferguson said the City’s town planning scheme was outdated and convoluted, making it difficult for any developer to achieve the State Government planning objectives of greater density in the CBD.
‘Our site is within 800m of two train stations and along a major transport route ” but the City is telling us we need to propose a building that is lower than many of the buildings that have previously been approved and constructed in the same (commercial/residential) zone,’ he said.
However, Subiaco chief executive Stephen Tindale said simply being located near a railway station was not justification for additional height.
‘Development density is not reliant solely on height and there are many excellent design examples of dense developments that do not involve significant height,’ Mr Tindale said.