OTR servo proposed for Kensington Park knocked back for third time

An OTR proposed for Kensington Park has been rejected for the third time, the Supreme Court upholding a decision that it was too big. But there’s already a second proposal lodged.

Plans for an OTR service station at Kensington Park have been knocked back for a third time. Picture: Eugene Boisvert

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A decision to reject plans for an On The Run service station in Kensington Park has been upheld in the Supreme Court.

OTR owners Shahin Enterprises challenged an Environment, Resources and Development Court decision, handed down last July, to uphold the State Government assessment panel’s rejection of its plan to build a $3 million servo on Kensington Rd.

On Monday, Justices Malcolm Blue and Patricia Kelly upheld the view the development would create traffic problems on nearby streets and was an over-development of the site.

Vocal opponent of the plan and local resident Chris Shakes was “happy and relieved” with the Supreme Court decision.

“It’s been a long time coming, I’m glad ... the ERD process was found to be fair,” Mr Shakes said.

“I’m glad the council has backed the community thus far. There are unnecessary risks to the safety of drivers and residents.”

Burnside Council joined as a secondary respondent to the Supreme Court appeal and spent $180,000 last financial year alone on fighting the development.

The Shahin family’s business conglomerate Peregrine Corporation lodged a secondary application with Burnside Council for the site in January.

Peregrine said at the time the second proposal was “significantly different” and aimed to improve street presence, functionality, and traffic management concerns along Kensington Rd.

Peregrine told Eastern Courier Messenger in February it would pursue its second proposal if its Supreme Court challenge was unsuccessful.

Burnside’s chief executive officer Paul Deb said about 10 properties “immediately adjoining” the site would be notified of the new plan and would be eligible to make submissions.

It was unclear when the council’s assessment panel would consider the proposal.

Mr Deb said the council had requested further information from Peregrine and the application “cannot progress... until this information is provided”.

OTR’s Business Development Manager Phil Moir said: “Whilst we are disappointed, we accept the ruling today and will work closely with the Council to progress an alternative store design that will still deliver a positive experience for the local community.”