COTTESLOE Council will take its lawyer to a rare showdown at a Join Development Assessment Panel (JDAP) that will decide on a contentious apartments and cafe proposal in North Cottesloe next week.
“The Town has consulted with its solicitors on aspects of this application and whether or not it is capable of being approved under the Town of Cottesloe local planning scheme No.3,” a staff report said at a special meeting last Tuesday.
At issue is whether the Council’s Responsible Authority Report (RAR) to the JDAP about the application can be influenced by community disgruntlement, which the minority-elected panel may also consider.
Proponent Barry Moore Pty Ltd wants to demolish a red brick rental, four-storey apartment block at 220 Marine Parade.
It could be replaced with nine new units, set back to five floors, with the cafe about 1km north of the nearest similar facilities.
At the meeting, proponent representative Peter Webb said legal advice had also been obtained by his clients about any non-conforming use,
Mr Webb said the cafe would “likely” be closed mid afternoons, after serving breakfasts and lunches.
The JDAP, which developers can choose for projects worth more than $2 million, may consider the Council’s concerns, but is not bound by them.
The staff report said that while its technical assessment of the apartments could be made, only the minority two councillors on the JDAP could represent community concerns.
The Council said the apartments may not be approvable under its town planning scheme, has inappropriate scale and bulk, and detrimentally affects amenity.
All public comments, which were unnumbered, objected to the proposed apartments.