Palm Beach residents to go to court after tower approved in Jefferson Lane
A group of residents will take legal action to stop approval of a 14-level tower in a street renowned for luxury beach shacks. Read what was said
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A group of Palm Beach residents will take legal action to stop approval of a 14-level tower in a street renowned for luxury beach shacks, arguing it sends a green light for overdevelopment.
“We are not backing down on this. Watch this space,” a resident said.
Councillors were warned an experienced lawyer, who has been a long-term Jefferson Lane property owner, has met with other neighbours prepared to launch an appeal.
The decision by a majority of councillors to approve the tower on a 1650 sqm amalgamated site in Jefferson Lane sparked an outcry from residents after almost 800 submitters wrote to council opposing the project.
Palm Beach Elanora Community Group Inc president Lancia Jordana claimed the key arguments made by residents in their objections to council were not addressed in the officer’s assessment report, or at the planning committee and later the full council meeting.
Residents had provided a lengthy argument why the development did not fit with the City Plan’s Strategic Framework for Palm Beach.
Their main argument was for the development to be granted a 50 per cent uplift for the area height limit, it had to meet eight different criteria, including that it fitted with the “local character” of the area.
“Residents contend that the clear role of councillors, as our elected representatives, is to ensure community views are given proper emphasis in relation to whether a proposal meets Local Character and Sense of Place and Identity (under the criteria),” Ms Jordana said.
“Our view is 750 resident objections have been ignored at the full council meeting. Instead, emphasis seems to have been placed on factors irrelevant to a proper appraisal of this proposal against the uplift provisions, designed to protect residents against inappropriate development,” she said.
“This decision sends a dangerous green light for overdevelopment. It seems to indicate council no longer intends to uphold the strategic intent of the City Plan, but rather grant excessive relaxations in relation to height, density and appearance.”
Outside the council meeting, planning committee chairman Mark Hammel said he would not be surprised if there was an appeal by residents.
“What we saw with this was 715 submissions against the proposal. They were 715 excellent submissions. They were submissions which clearly identified concerns related to City Plan,” he said.
“There has been correspondence from individuals in the Palm Beach area, suggesting that if approved by council, they would go to submitter appeal. That’s their legal right and one I absolutely support. If that’s the case, we will go to appeal and see what happens from there.”
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