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RULING MAY LEAD TO TALLER BUILDING
CONSTRUCTION on a high-rise development on Mill Point Road has halted after a Supreme Court ruling but it could lead to an even higher building, according to Better South Perth spokesman Paul Plowman.
The Supreme Court called a halt to construction of the development at 74 Mill Point Road because it did not have the correct mix of residential and commercial space.
The Supreme Court action was initiated by neighbours on the grounds it should not have been approved by the Joint Develop- ment Assessment Panel (JDAP) last year.
“The residents (Ric Hawley and Karyl Nairn) took the development to court for review on the height, setback and design but the court dismissed it and supported the JDAP decision. The only thing it ruled against was the ratio of commercial and residential use of the development,” Mr Plowman said.
He said the development was now in a legal limbo, subject to a decision on the residential and commercial requirements.
“By taking action against the development, it now might end up being even taller,” he said.
“The developer will have to resubmit a plan and so could put additional storeys on for some serviced apartments to reach the 50/50 commercial and residential requirements.
“The planning approval has not been quashed, it just needs to be amended.”
The Save the South Perth Peninsula residents group supported Mr Hawley and Ms Nairn.
Group spokeswoman Vicki Redden said the Supreme Court ruling was a victory for democra- cy but it was now time for a higher authority to step in.
“The developers are now calling a heap of their apartments ‘serviced’ apartments; they’re trying to create another loophole,” she said.
“We want someone like Colin Barnett to call a time out. We can’t keep going with this type of chaos. The community doesn’t know what’s going on, the developers don’t know and the council just seems overwhelmed.
“Everyone is just playing games so someone with authority needs to say ‘stop’.”
City of South Perth chief executive Geoff Glass said serviced apartments were a form of tourist accommodation and were deemed commercial under City policy.
“They provide self-contained visitor accommodation for shortterm occupancy. These visitors play an important role in the economic well-being of the City. Tourist accommodation is nonresidential – generally known as commercial – use in the City’s town planning scheme,” she said.
He said the City intended to take legal advice following the ruling to obtain a full understanding of the implications.
The developers, Hillam Architects, declined to comment on the matter.
An artist’s impression of the development at 74 Mill Point Road, South Perth.