Friends of Guildford Historical Precinct is seeking a review of a JDAP decision on the proposed redevelopment of the old Guildford theatre. Picture: Anita McInnes

Review of JDAP decision sought in Supreme Court

A collection of Guildford businesses and residents have filed a for a judicial review of the vaudeville theatre redevelopment.
February 8, 2024
Anita McInnes

A NEW association formed by businesses and residents has applied to the Supreme Court  of WA for a judicial review of the decision to approve redevelopment of the old Guildford vaudeville theatre.

Friends of Guildford Historical Precinct was formed after about 60 people attended a meeting at the Guildford town hall, including attendees who had made submissions opposing the development application for Lot 2 & 67 (No.163) and Lot 18 (No.159) James Street.

The meeting was attended by newly elected Mayor Tanya Richardson along with Midland Guildford ward councillor Ian Johnson and Swan Valley Gidgegannup councillor Rod Henderson.

Lodged on November 3 last year the application said the grounds for the review included that in granting approval the Metro Outer joint development assessment panel (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.

Also the application 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.

The first respondent named in the application for judicial review is the JDAP presiding member, with Hawthorn Brewing Company the first other respondent party and Castle Towers and Fanucci the second other respondent party.

When JDAP considered the proposal on September 26 last year it included comments from the city’s design review panel and State Heritage.

“The proposed design is an exemplary outcome that breathes new life into a heritage building in a restrained and sensitive manner and will help to activate Guildford’s historic main street,’’ the city’s design review panel said.

“The proposed development will have an overall positive impact on the registered places and on the James Street streetscape,’’ State Heritage said.

But at the JDAP meeting Barbara Dundas from the Guildford Association raised community concerns about the linking of the development application to the Guildford Hotel, with particular reference to parking issues in the area and that resident concerns had largely been ignored in the responsible authority report (RAR) prepared by the city.

In relation to traffic, parking and access the RAR concluded city staff were prepared to consider the application, which encompassed both the existing hotel and the former vaudeville theatre on the basis it entailed no increase in traffic generation or parking demand subject to imposition of a condition on the planning approval that limited the total number of patrons within both premises at any one time to no more than 729 persons.

A transport impact statement prepared for Urbis said to encourage other modes of transport and the proponent had previously partnered with rideshare providers to offer discounts to their patrons for adopting rideshare as their means of transport to the venue.

“The parking survey has shown that there is sufficient available off-site parking spaces to accommodate the proposed redevelopment,’’ the statement said.

“The location of the site has also made it viable for employees and patrons to be encouraged to use alternative modes of transport, such as public transport, walking and cycling.

“The site is currently located within walking distance of the train station and a bus stop located rear of the site.

“The site is also in the vicinity of an excellent pedestrian and cyclist network.’’

*An earlier version of this story said Midland town hall instead of Guildford town hall.

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