52 Adelaide Street (former Spotlight/Coles site)
The 8 storey proposal shown above for 72 flats, 6 commercial tenancies and 98 car bays was deferred at the state government’s Development Assessment Panel (DAP) meeting yesterday (Monday 19 September).
Two Fremantle councillors, Crs Sullivan and Pemberton, voted with one other DAP member to have the matter deferred so the developer could bring back revised plans showing parts of the building above 21 metres being set back as per council policy. Councillor Sullivan proposed the deferral and it passed with a narrow 3-2 vote.
The developer is seeking 8 storeys straight up from the street with no set backs. Council’s lawyer insisted that it could not be approved, but the applicant’s lawyer cleverly shredded the council officer’s report to argue otherwise.
The Fremantle Society has invested a great deal of time on this issue because of its importance, and the fact that any variations to the current scheme that are approved will set a precedent for future developments in this city centre area.
For the Fremantle Society, four architects scrutinised the plans and the officer’s report, and all were scathing at the quality of the report written.
The council report recommended refusal on grounds of:
b) detriment to amenity under clause 67.
(though nowhere in the officer’s report are the arguments presented to support that refusal)
Despite the officer’s recommendation, Mayor Pettitt, and councillors Nabor, Hume, McDonald, Walthan, and Jones all voted to send the item to the DAP to let them decide on the legal advice. By the time it got to the DAP, somehow the officer’s recommendation for refusal had turned into a glowing approval. The applicant’s lawyer said she had been at the planning meeting and that there had been ‘a unanimous decision to approve.’ The applicant said that council staff ‘are clearly supportive of this plan’. The chair of DAP Ian Birch said that ‘the alternative recommendation (for approval) had been adopted by the planning committee.’ Remarkable stuff.
The Fremantle Society presented their case and a Fremantle lawyer was brought in to present for the Fremantle Society as well. This is a very complex case with many facets and issues to be dealt with, but the focus from DAP was mainly on how could the developer have the extra storey he was seeking.
The applicant’s aerial view of the 52 Adelaide Street proposal as shown is dishonest and should not have been allowed to go forward by council officers. The drawing shows Johnston Court as being significantly higher, whereas both are almost the same height. The applicant has shown his building bathed in light on the facing side, whereas the same side of Johnston Court is ominously dark. Also there are no lift overruns or rooftop clutter shown on 52 Adelaide Street, clutter which always ends up adding considerably to how buildings are viewed around town.
Claudia Green from FRRA was there and supported the Fremantle Society case, as did Julie Matheson from Scrap the DAPs.
Further details will be provided of the expert analysis from Fremantle Society architects.