Res­i­dents back to court

Southern Gazette (South Perth) - - NEWS -

SOUTH Perth res­i­dents are once again tak­ing mat­ters into their own hands to fight a pro­posed de­vel­op­ment.

The South­ern Gazette has re­ceived a state­ment from the South Perth Penin­sula Ac­tion Group that they will take court ac­tion against the 35storey Lu­miere de­vel­op­ment at 74 Mill Point Road.

The state­ment says that “court ac­tion is the only op­tion to pre­vent this anoma­lous de­vel­op­ment since nei­ther res­i­dents nor coun­cil can ap­peal flawed plan­ning de­ci­sions to the State Ad­min­is­tra­tive Tri­bunal (SAT)”.

It is the sec­ond time that the res­i­dents have gone to the Supreme Court over the de­vel­op­ment af­ter suc­cess­fully quash­ing a 29-storey ver­sion in Fe­bru­ary 2016.

How­ever, De­vel­op­ers Edge Vi­sion­ary Liv­ing had a 34storey ver­sion with a mez­za­nine level ap­proved by the Joint De­vel­op­ment As­sess­ment Panel in Oc­to­ber 19.

The group ex­pects the mat­ter will go be­fore the Court of Ap­peal in Oc­to­ber or Novem­ber this year.

Group spokes­woman Vicki Red­den said Karyl Nairn and Ric Haw­ley were once again hav­ing to use their own funds to launch a costly ju­di­cial re­view into a de­ci­sion by the JDAP.

“Some­thing is se­ri­ously wrong with a sys­tem where ratepay­ers have to po­lice, at their own ex­pense, the law­ful­ness of de­ci­sions of an un­elected, un­ac­count­able and poorly ad­vised plan­ning body,” said.

“Most res­i­dents do not have the means to mount a ju­di­cial re­view but it is cur­rently the only way to pro­tect com­mu­ni­ties from long-term harm when JDAP mis­uses its ex­tra­or­di­nary pow­ers.

“We can't keep re­ly­ing on al­tru­ism though, we need bet­ter and more cost-ef­fec­tive su­per­vi­sion of plan­ning de­ci­sions.”

In its state­ment, the group called on the new State Gov­ern­ment and Plan­ning Min­is­ter Rita Saf­fi­oti to “in­ter­vene and de­velop a more demo­cratic and su­pe­rior de­vel­op­ment as­sess­ment process”.

Ms Saf­fi­oti said new mea­sures to in­crease trans­parency and com­mu­nity in­volve­ment in the DAP process were re­cently in­tro­duced.

“We are com­mit­ted to mon­i­tor­ing and as­sess­ing the ef­fec­tive­ness of these new mea­sures to en­sure bet­ter out­comes for lo­cal com­mu­ni­ties with a view to ex­plor­ing fur­ther changes if nec­es­sary,” she said.

An artist’s im­pres­sion of Lu­miere.

Newspapers in English

Newspapers from Australia

© PressReader. All rights reserved.