Hamstrung, helpless against JDAP
RESIDENTS around a proposed service station and fast food outlet in Ascot are feeling helpless because they have no third-party right of appeal against the development.
The WA Local Government Association is set to present a report following its Third Party Appeal Rights in Planning discussion paper submissions later this year and controversial Metro Central Joint Development Assessment Panel (JDAP) decisions are back in the spotlight.
JDAP gave the service station the green light at a meeting on June 21.
Local resident Terry O’Meara, who runs a bed and breakfast near the site at Fauntleroy Avenue and Great Eastern Highway, said it was essential that affected parties have the right to a third party appeal.
“In the initial stage when the development is placed before the council, there is insufficient notification or time for the people who are affected to make their submission,” he said.
“At that time they have very little information on which to go on… so that puts them on the back foot right from the start.
“We felt that we didn’t have enough chance to impact the decision. Even if we did, the decision had already been made… the impact on quality of life and the people concerned is really not considered.”
Mr O’Meara said while he and others were invited to make a five-minute submission, they felt as if the decision was a “foregone conclusion”, and not enough emphasis was placed on quality of life.
“We felt so helpless. We put up as much information as we could… We were told that the only way we can appeal now is if we can find a legal breach to take them to the Supreme Court. What man in the street can pull that kind of money?” he asked.
Resident Terry O’Meara says locals need a third party right of appeal against the JDAP.