Cottesloe Town Council has launched legal action against the State Government in a bid to overturn its plan to "forcibly increase" height limits on the beachfront.
The Supreme Court writ lodged yesterday challenges the decision to allow up to eight storeys on the Ocean Beach Hotel site and up to six at the Il Lido restaurant site.
The council conceded it has no legal avenue to challenge a proposed five-storey limit on buildings set back from Marine Parade.
Premier Colin Barnett announced in April he was overriding the council to allow for higher buildings, saying it would end 20 years of debate and allow a quality upgrade of the iconic beach strip.
The council claims the Government failed to comply with its own planning scheme, the State coastal planning policy, which states beachfront heights can exceed five storeys only with broad community support after full consultation.
The scheme also stipulates that eight storeys can be permitted for "a major tourist or activity node".The council's solicitors argue that the State breached both clauses. Mayor Kevin Morgan said the council and the community supported a maximum of three to five storeys.
'The West Australian' is a trademark of West Australian Newspapers Limited 2013.
All rights reserved.
Select your state to see news for your area.