Cottesloe height limit fight heads to court
Cottesloe height limit fight heads to court

The Town of Cottesloe will launch legal action against the State Government over its decision to raise height limits on the iconic beachfront.

Last month, Premier Colin Barnett said the Government had overridden the council to allow five and eight-storey developments in Marine Parade.

At a special council meeting on Tuesday night, councillors decided to challenge these changes in court.

Mayor Kevin Morgan said the planning process had been corrupted and the council had a solid legal argument.

He said WA's coastal planning policy required heights above five storeys to win broad community support, which was not the case in Cottesloe.

Three beachfront properties had not been zoned because of a "bureaucratic stuff-up" and the scheme should be readvertised for comment.

"That's what happens when you try to get too clever by half and that's what happens when you don't engage in a constructive dialogue with the local authorities," Cr Morgan said.

The council is due to hand the planning scheme paperwork to the Government to be gazetted by May 31, meaning legal proceedings could be launched this month.

The council will also ask Mr Barnett for height limits to be legislated so it did not have to review them every five years.

Cr Morgan said the council was concerned the limits could soon be raised further if they were not enshrined in law.

Planning Minister John Day said the heights were appropriate for development that was not high-rise but would revitalise and improve the area.

He said the Government would respond to legal action in the "appropriate way".

The West Australian

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