20/05/2022 - 15:50

Yelo court battle extended

20/05/2022 - 15:50

Bookmark

Save articles for future reference.

A trial between a residential group and developers of an apartment block at Yelo cafe site in Trigg will take twice as long as expected to sort out the issues.

Yelo court battle extended
Proposed apartment block at the Yelo cafe site in Trigg.

A trial between a residential group and developers of an apartment block at Yelo cafe site in Trigg will take twice as long as expected to sort out the issues.

Too Big for Trigg action group launched legal action against the Metro Inner-North Joint Development Assessment Panel in the Supreme Court in March.

The group claims the JDAP had erred in law by approving Momentum Wealth’s $4.75 million proposal to build a four-storey apartment block with an office on West Coast Drive in August last year.

According to the Supreme Court writ, the group claims the JDAP made an error and had no jurisdiction or power to grant the approval because the West Coast Drive site was in an R20 residential zone.

Areas coded R20 allow for one dwelling on a 450sqm site. However, the development is set on a 680sqm site and will have six apartments and an office.

The two-day trial started on Thursday but the lawyer for Momentum Wealth, on behalf of the respondent, Paul McQueen did not even make his first submissions today.

Justice Marcus Solomon had spent the trial’s second day asking for clarification on technical aspects of the process of a JDAP meeting, features of the map which shows the zoning and the role of a design review panel, during Too Big for Trigg group’s lawyer Julius Skinner’s submission.

The initial two-day trial has stretched to at least two more days, with dates yet to be chosen.

"We're going to have some more time, we'll have to do it administratively," Justice Solomon said.

"We need a couple of days, I would think."

Mr McQueen said he expected the trial would take another two days.

Alternatively, the Too Big for Trigg group claimed the decision was "unreasonable" without any "plausible justifications" or not supported on logical grounds.

Australian Securities and Investments Commission records show the directors of Too Big For Trigg Pty Ltd are local residents Phil Botsis, Roy Burton, Stanley Horsman and Wayne Blakeney.

The proposal at the Yelo cafe site had caused years of tension between locals and Momentum Wealth, with residents and City of Stirling councillors complaining about height, traffic and parking issues at meetings.

Previous designs were knocked back by the JDAP but the developer's recent redesign, which included the replacement of the popular Yelo cafe with an office in a move aimed at mitigating traffic issues, was approved in August.

STANDING BY BUSINESS. TRUSTED BY BUSINESS.

Subscription Options