No. 41-43 Angove Street, North Perth - Alterations and Additions to Service Station

Development Description: Alterations and Additions to Service Station

Development Application Number: 5.2023.246.1

Council Refusal – August 2024

At its meeting on 20 August 2024 Council unanimously refused an application that proposed alterations and additions to the existing building to enable to it to recommence operation as a Service Station.

Following this refusal, the applicant lodged for a review of this decision with the State Administrative Tribunal (SAT).

SAT Appeal

October 2024

A directions hearing was held on 11 October 2024. To establish how the matter will proceed through the SAT review process.

This was vacated with the agreement of both parties to allow for the sharing of key documents with each other and the SAT:

• The City’s issues, reasons for its decision and supporting documents were to be provided to SAT by 22 November.
• The applicant is to respond by 13 December to confirm whether they accept or reject these, and provide their own issues and supporting documents.
• A directions hearing on 20 December 2024 will program the next steps.

February 2025

The December directions hearing was rescheduled to allow SAT further time to consider how th program the matter.

A directions hearing was held on 7 February 2025 to program the matter for a preliminary hearing.

The purpose of this is to determine two legal issues that have been raised being:

• Issue 1: Does the subject site have the benefit of existing use rights or non-conforming use rights for use as a ‘service station’?

• Issue 2: If the answer to Issue 1 is yes, is clause 23 of the City of Vincent Local Planning Scheme No. 2 engaged or is clause 60 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015 (WA) engaged, such that development approval is required?

The outcome of this preliminary hearing would determine whether a further hearing would be needed to deal with the planning merits of Council’s refusal.

The preliminary hearing will be held on 22 and 23 July 2025 at the SAT at 565 Hay Street, Perth.

The preliminary hearing is open to be attended by the public.

Information about the SAT process can also be found here.

How can I be kept up to date on the progress of this application:

We will provide updates on this proposal as it progresses to everyone who provided a submission.

This page will also remain available after the conclusion of consultation and will be updated regularly.