Developers of a petrol station in Dunsborough have pulled out of the project after an agreement between Puma Energy and DCSC Pty Ltd lapsed on December 31, 2018. In a three-year battle, Dunsborough residents and the City of Busselton fought to stop developers building a new petrol station on one of the last remaining vacant blocks in the town centre. Community members opposed to the project formed a Puma2Go campaign when developers bypassed town planning laws by calling the petrol station a convenience store to seek approval for the application. The Joint Development Assessment Panel knocked back the development application, which saw the developers lodge an appeal with the State Administrative Tribunal, the developers won. JDAP then lodged an appeal with the Supreme Court against the landowners in September last year, which ended in favour of the landowners. JDAP then took the case to the Court of Appeal in November last year, which decided that an earlier Supreme Court decision to allow the petrol station was wrong. DCSC Pty Ltd spokesperson Paul Kotsogio said despite legal advice that a High Court challenge would have a high probability of success, the parties mutually agreed not to extend the agreement to develop a convenience store and fuel outlet in Dunsborough. Mr Kostogio said the State Administrative Tribunal twice ruled in favour of the project but a successful appeal by the state government in the Supreme Court had seen the matter referred back to the tribunal for reconsideration. Mr Kotsoglo said there was now a great deal of uncertainty with regards to land use given that the City of Busselton and the WA Government could make changes to the permitted land use under the zoning at any time. “We are not the first, and will not be the last party, to be thwarted by a long, expensive and an unpredictable approvals process,” he said. “The ability of the state to change rules at will during the approval process is cause for concern for anyone with an interest in or who owns property.” Mr Kostogio said the syndicate would now consider other commercial options for the development of the land.
Puma2Go campaigners celebrating a decision by the Court of Appeal.
Developers of a petrol station in Dunsborough have pulled out of the project after an agreement between Puma Energy and DCSC Pty Ltd lapsed on December 31, 2018.
In a three-year battle, Dunsborough residents and the City of Busselton fought to stop developers building a new petrol station on one of the last remaining vacant blocks in the town centre.
Community members opposed to the project formed a Puma2Go campaign when developers bypassed town planning laws by calling the petrol station a convenience store to seek approval for the application.
The Joint Development Assessment Panel knocked back the development application, which saw the developers lodge an appeal with the State Administrative Tribunal, the developers won.
JDAP then lodged an appeal with the Supreme Court against the landowners in September last year, which ended in favour of the landowners.
JDAP then took the case to the Court of Appeal in November last year, which decided that an earlier Supreme Court decision to allow the petrol station was wrong.
DCSC Pty Ltd spokesperson Paul Kotsogio said despite legal advice that a High Court challenge would have a high probability of success, the parties mutually agreed not to extend the agreement to develop a convenience store and fuel outlet in Dunsborough.
Mr Kostogio said the State Administrative Tribunal twice ruled in favour of the project but a successful appeal by the state government in the Supreme Court had seen the matter referred back to the tribunal for reconsideration.
Mr Kotsoglo said there was now a great deal of uncertainty with regards to land use given that the City of Busselton and the WA Government could make changes to the permitted land use under the zoning at any time.
“We are not the first, and will not be the last party, to be thwarted by a long, expensive and an unpredictable approvals process,” he said.
“The ability of the state to change rules at will during the approval process is cause for concern for anyone with an interest in or who owns property.”
Mr Kostogio said the syndicate would now consider other commercial options for the development of the land.
This story Developers pull out of the Puma petrol station development in Dunsborough first appeared on Busselton-Dunsborough Mail.
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