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During Pachamama director Kristen McPhail's battle with the City of Kalamunda a petition with more than 100 signatures requested the city not proceed with the appeal. Picture: CLAIRE OTTAVIANO

Supreme court appeal withdrawn

AN ONGOING dispute over a Supreme Court appeal has been put to bed with the City of Kalamunda council resolving to withdraw its case against Pachamama Early Education and Childcare.

The council went behind closed doors at Tuesday night’s council meeting to consider conditions of a retrospective development approval and related Supreme Court appeal against the day care centre.

Mayor John Giardina said council supported the decision of the chief executive to lodge the appeal under delegated authority.

“Council understands the reasons for the appeal to be lodged and endorsed this,” he said.

“The council requested the appeal be withdrawn at the Ordinary Council Meeting on 22 May 2018, with the matter now resolved.”

The appeal, originally set for September, objected to a State Administrative Tribunal (SAT) decision to permit a change of residential land use from ‘single house’ to ‘child care’ at 59 Coolinga Road Lesmurdie.

It claimed the SAT erred in law by allowing the change when the City had not yet considered retrospective approvals for an adjacent site at 61 Coolinga Road.

The City later approved the retrospective approvals to increase the number of children at the site from 10 to 43.

Community support rallied behind Pachamama director Kristen McPhail resulting in a petition with more than 100 signatures requesting the City not proceed with the appeal. 

When asked how much the City had spent on the appeal, a City spokesperson said “fees relating to the Supreme Court appeal have been minimal”.

Mrs McPhail told Echo News her fees totaled about $6500, which the City is liable to pay under the SAT Act.

During question time at the February ordinary council meeting former City councillor, and unsuccessful 2017 mayoral candidate, Frank Lindsey speculated that costs could exceed $80,000 if the City proceeded with the appeal.

By Claire Ottaviano

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