A LAST-minute bid by Satterley Property Group to reopen its North Stoneville appeal case has been rejected by the State Administrative Tribunal (SAT) blocking the introduction of a by-law model that would have restricted vegetation planting on residential properties.

As reported in Satterley seeks last-minute reopening of North Stoneville appeal, the developer proposed a survey strata arrangement requiring potential homeowners to adhere to by-laws mandating the management of vegetation to maintain specific fuel loads.

The application sought to reopen the appeal case, to introduce the model as part of Satterley’s existing appeal material.

In the written decision against the reopening, SAT deputy president Henry Jackson highlighted the complexities of introducing such a model at the conclusion of a multi-year appeals process.

“The structure plan proposed by Satterley for the site can reasonably be described as ‘extraordinary’,” he said.

“It covers 534ha, proposed 1001 lots to accommodate 2803 people, includes two schools and will be staged over a very lengthy period of time.

“To propose a survey strata subdivision in the context of those parameters is, equally extraordinary. That is not to say it could not be done, but such an approach appears to be unprecedented.”

While acknowledging the model might solve certain fire safety hurdles, he cautioned it would likely create unforeseen problems.

“While the survey strata subdivision might overcome the difficulties identified with restrictive covenants regarding the maintenance of vegetation in a low threat state, it may well raise other difficulties which, at present, remain unidentified or unexplored,” he said.

“For these, and other reasons, the leave to reopen should be refused.”

Welcoming the ruling, Shire of Mundaring President Paige McNeil affirmed the council’s long-standing opposition to the development.

“The shire welcomes the SAT’s decision not to reopen the North Stoneville appeal and looks forward to the final determination from SAT,” she said.

“Council, on behalf of the Shire of Mundaring community, have consistently opposed the North Stoneville townsite Structure Plan 34, as proposed by Satterley Property Group, and this position remains unchanged.”

SPH chair Debra Bishop added that the decision was a significant victory for a community by years of procedural delays.

“We must remember, this community has waited for a decision, while Satterley has had a decade in the shire, six years in SAT,” she said.

“This including three years’ in private mediation and three more years preparing and delivering amended plans – all of which resulted in solid rejections by the WAPC, DFES, the Shire of Mundaring, and our community.

“The SAT is correct in saying our community requires a decision on the fate of North Stoneville, minus any further delays. Enough is enough.”

The SAT is now deliberating on the original evidence presented during the 2025 hearings, with the final determination on the North Stoneville appeal expected later this year.