THE Perth City Council has made a last ditch attempt to force a developer to bring a West Perth building into line with its planning rules before taking the matter to court.
Council CEO Garry Hunt has served a notice on Central Project Management that will allow council to undertake the work needed to bring the development into planning compliance at the developer’s expense, or initiate legal proceedings against the developer.
Council claims Central Project Management building at 4 Bellevue Terrace, West Perth, is 1.2 metres closer to the escarpment than it should be under a planning approval granted by Planning Minister Graham Kierath.
Central Project Management associate director Lloyd Clark said the company was building strictly in accordance with a building licence issued by council.
The notice is the last option for council before putting the matter before the courts. If council takes the developer to court, there is no guarantee a court will order the developer to bring the development into line with the planning approval.
But if council begins works to bring the building into line with the planning approval, there is a risk the developer will take an injunction against the works, forcing the matter into the courts anyway.
At council’s November 28 meeting, it ordered the CEO to issue another notice to the developer.
Previously, Mr Kierath upheld an appeal from the developer after council refused its plan to build a six-storey, nine-apartment building.
Part of his decision involved the escarpment side of the building lining up with 6 Bellevue Terrace, also known as Stewart Place.
However, the new building is 1.2 metres closer to escarpment than the approval allowed.
