Como Hotel developers granted extension in SAT

Woolworths subsidiary ALH Group has secured an extension to 2020 to begin construction on its new Dan Murphy's liquor store at the Como Hotel in Como after its original development approval lapsed in April last year.

When the original approval to demolish the existing BWS drive-thru bottle shop and build a Dan Murphy's lapsed last year the developer applied for a further two year extension.

Developers have successfully secured an extension to build a Dan Murphy's at the Como Hotel.Credit: James Mooney

The extension was refused by the joint development assessment panel in October 2017 who said the development no longer complied with the City of South Perth's planning policies.

ALH successfully argued in the State Administrative Tribunal the reason it had not begun construction was through 'factors beyond its control', namely the slow pace at which its liquor licensing application to the Department of Racing, Gaming and Liquor 'had limped along'.

Under the Liquor Control Act a liquor outlet can not be built without without licensing approval.

ALH said while it had not spent $350,000 on architectural or engineering drawings to be assessed for building approval they had spent almost $1 million on the project.

"(ALH has) incurred over $600,000 in legal fees and over $325,000 on consultant fees, including architects, town planners, project managers and engineers, thus far, in obtaining the development approval, defending the validity of the approval in the Supreme Court and in the Court of Appeal, and in lodging and pursuing the application for alteration and redefinition of the tavern licence," ALH argued.

It said this demonstrated it had 'actively and conscientiously pursued and prosecuted the application'.

The tribunal agreed with ALH and said it was entirely reasonable for ALH to not proceed with detailed architectural and engineering drawings until it had obtained liquor licensing approval.

The tribunal also said the initial two-year period granted to ALH to begin construction on the project was 'wholly inadequate'.

The department still has not issued ALH its license.

The project has been controversial among Como residents who have consistently raised concerns over the traffic and noise a big-box liquor outlet would bring to the area.