
THE long-awaited decision on the North Stoneville development by the State Administrative Tribunal (SAT) came to its conclusion on Wednesday with the tribunal officially rejecting the controversial Structure Plan 34.
The ruling marks the end of an extensive legal battle between developer Satterley Property Group, the Western Australian Planning Commission, Shire of Mundaring, and community group Save Perth Hills over the proposed 1001-lot urban townsite.
Central to the tribunal’s decision was the evaluation of severe bushfire evacuation risks and the feasibility of proposed modifications, including an on-site refuge, as reported in North Stoneville SAT hearings conclude.
Following closing arguments in December, the process was delayed by a string of procedural hurdles, including an April attempt by the developer to reopen the appeal to introduce survey strata vegetation management by-laws, as reported in North Stoneville appeal reopening bid rejected.
Save Perth Hills chair Debra Bishop welcomed the rejection, describing it as a common-sense decision against an outdated and dangerous townsite proposal situated in an extreme, proven bushfire zone.
“North Stoneville’s tenth rejection draws a definitive line under develop-led planning that seeks to put profits ahead of people, while placing people, knowingly, in harm’s way,” she said.
“Today’s victory is for bushfire-prone communities everywhere. Now we can begin with planning that’s fit for the future, built to the realities of increasing bushfire risks and climate challenges, and above all, prioritising the safety of people.”
In his written decision, the judge acknowledged the severity of the housing crisis and noted that Satterley’s plan to deliver new homes for the community was a vital step, but ultimately ruled the proposal failed to prove the community could be built without exposing residents to unacceptable risk.
Now Satterley’s remaining legal recourse is to challenge the ruling on a matter of law, which would require proving the judge made a specific legal mistake during the decision-making process.
Shire of Mundaring President Paige McNeil said council’s position was guided by the community’s long-held concerns about bushfire risk, evacuation capacity and the potential loss of habitat
“On behalf of council, I thank our community for its steadfast commitment to raising and advocating its concerns.”
“Community safety remains central to council’s position.”
Kalamunda MLA Adam Hort said the outcome was a momentous occasion that validated the community’s rejection.
“Today’s decision reinforces the longstanding concerns about bushfire safety and whether a development of this scale is appropriate for the Perth Hills,” he said.
Mr Hort urged all parties to accept the ruling.
“The umpire has now made its decision, and there needs to be a lasting resolution,” he said.
“We cannot have the future of North Stoneville remain in limbo indefinitely.”