CFP Business Specialist | Local Government Expert | Political Adviser
The first date for Supreme Court hearing against the Dept of Planning and the DAP is booked for Wednesday 3 April 2013 at 10am. Location: Stirling Gardens, Perth (cnr Barrack Street and St Georges Tce)
This action has been taken by a local resident against the approval of an office block on Catherine Street, directly opposite the State heritage listed terrace houses known as Bishops Row.
Here are some published articles, presentations and links to the background of Catherine Street:
Notice the 26 July 2012 decision by Council to advise the DAP “that it does not support the original approval… [especially] the potential adverse impact to streetscape and neighbouring places of heritage significance in this location“. But unfortunately the planning officer goes on to recommend the DAP approve the DAP Application for the office block with no residential units.
At the moment, supreme court action is the only method of appeal for third parties affected by a planning decision. The developer can appeal to the State Administrative Tribunal (SAT) which is a very cheap option compared to supreme court action.
The main planning problem with Catherine Street is that it is divided down the middle of the road by two zones. Looking north, the right hand side of the road is residential, with State heritage listed properties. The left hand side is zoned Town Centre. Subiaco’s Town Planning Scheme specifically deals with this zone. Some of the clauses which make this decision by the DAP unpalatable are as follows:
Also see: http://www.subiaco.wa.gov.au/fileuploads/Town%20Centre%20Precinct(2).pdf which specifically states the objectives are “to encourage vibrant and diverse mixed used areas including residential uses rather than solely retail or commercial development“.
The approval made by DAP appears to have no regard for orderly and proper planning for the rest of Catherine Street.
Subiaco does have a plan for Catherine Street, and it looks something like this (looking north):
As you can see there are no super blocks for large office blocks like the one approved by the DAP.
Unfortunately, supreme court action is all that is available to residents and ratepayers affected by a planning decision made by the DAP.
UPDATE: Judgement handed down by Justice Chaney – 17 May 2013
Against the applicant: 31412-13 05 16-AR-Judgment