Ascot: Plans to build $2.15 million service station still on hold
By Sourced Externally
February 24, 2023
A developer’s plan for a service station in Ascot is still on hold after more than three months.
Metro Inner-South Joint Development Assessment Panel members voted unanimously on Wednesday to defer landowner Ausasiago Pty Ltd’s plans until May, despite the plans being deferred last year.
The proposed service station at 88 Coolgardie Avenue would include a convenience retail area, four fuel pumps with a capacity for eight vehicles to refuel at once, an air pump, a water tap and a bin store area.
These include a double crossover to Coolgardie Avenue and access through the next-door property at 398 Great Eastern Highway.
Planning Solutions on behalf of the applicant said an updated site plan removed all proposed works from common property.
It said all works were now contained within the subject site and the application did not need the consent of the body corporate.
But deputy presiding member Rachel Chapman said members’ position remained unchanged.
“The primary consideration at the last JDAP meeting was about the authorisation of an application, rather than the rights of the strata owner,” she said.
City of Belmont mayor Phil Marks pointed out that to leave the service station, vehicles would have to go over common property.
But Planning Solutions’ Paul Kotsoglo reiterated his client “has a right to access that property”.
“That may be the case but then it gets down to is this a reasonable crux to be travelling on someone’s common property?” Cr Marks said.
“We asked you to get signatures to say that everyone has accepted it as a reasonable thing, (and) if they didn’t think it’s reasonable then I’d personally say no.
“Now you are suggesting that you have the right to do it and that’s all that matters.”
Matt Gent from Hale Legal, representing the applicant, said his client had every right to use the common property like everyone else.
“The strata company is aware of the development and the way the strata titles act regulates common property is that it affords the strata company a right to take steps if it considers a use unreasonable,” he said.
So there is no process by which we can obtain the consent.”
Mr Gent said while they were unable to provide any written consent, about half of the affected landowners were in support and only a couple “made the consent process difficult”.
DAP secretariat Ashlee Kelly said the updated DA and “change of attack” was made last minute and did not offer panel members enough time.
“I just want to make it clear, and I think this would apply to other members of the panel and officers, while we declare that we are familiar with the material today, that material was received very late yesterday,” Ms Kelly said.
“While I did read it, it did make it difficult for us to quickly move on that one.”
Third specialist member Peter Lee said he felt uncomfortable having to make a call on such short notice.
The panel voted 3-2 to go behind closed doors to gain legal advice. They then returned to vote unanimously to defer the matter to no later than May 11.