In this instance they have enabled an operator to run a facility for patients suffering withdrawal from drug and alcohol, in a residential (R50) neighbourhood full of families with children, local businesses and two state high schools across the road. There was no planning application, assessment or consultation. We contend that such a facility could not legally be approved under the existing town planning scheme.
Summarised grounds for the challenge appear below:
· The non-conforming use of the land as a “lodging house” had expired and the City of Subiaco was not entitled retrospectively to give approval to extend that use - in particular, they did this without a development application;
· The City did not act lawfully and in accordance with proper planning principles by prioritising the interest of the landowner and failing to give proper consideration to appropriate planning considerations for the precinct;
· The City acted unlawfully and in breach of the Local Government Act 1995 (WA) by permitting one of its councillors, who was also a director of the new owner/operator, to vote in support of the decision.
Please support us in the challenge that now faces us, to hold Subiaco council to account in the Supreme Court. Your donation will be used to help fund the Supreme Court challenge. Our estimated court date will take place around May 2018.
Thank you for making a difference in our community.
Subiaco Community Association
- Anita Sykes-Kelleher
- Edward Antczak
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