A GROUP of Guildford businesses and residents seeking a review of an Outer Metro JDAP approval of redevelopment of the old Guildford vaudeville theatre have had their case dismissed by the Supreme Court.

The case was heard on June 14 and delivered on October 8 with the judge saying the applicant – Friends of Guildford Historical Precinct (FGHP) – had contended that the respondent – the JDAP – had engaged in several failures concerning matters relating to parking (ground 1) and failed to have regard to submissions made (ground 2).

The judge said to succeed on either ground the applicant had to establish that 1) any process which the respondent was lawfully required to adopt in arriving at the decision was not followed and 2) such failure(s) gave rise to jurisdictional error thus enlivening the decision to grant certiorari (a writ of certiorari sets aside a decision made contrary to the law).

But the judge said for a number of reasons the applicant had failed to establish the above matters with respect to either of its grounds and dismissed the application for the review.

In November last year the Friends of Guildford Historical Precinct applied seeking a writ of certiorari saying the grounds for the review included that in granting approval the Metro Outer JDAP erred by failing to require any onsite parking to be provided, contrary to the requirement of regulations, and failed to consider the adequacy of parking required by regulation.

Review of JDAP decision sought in Supreme Court reported that in their application FGHP said the JDAP erred by failing to consider that the applicant made reasonable effort to comply with minimum on-site parking and also failed to require payment in lieu of parking or shared parking both required by regulation.

Another ground for the application said that the JDAP erred in the exercise of any discretion and failed to have regarded submissions made as required by the City of Swan town planning scheme.