Harley Dykstra Achieves Approval for Place of Worship

Harley Dykstra has recently been successful in obtaining development approval for a Place of Worship on Kelvin Road, Orange Grove. The development application sought approval for a Place of Worship by the Metro East Joint Development Assessment Panel. The application was initially refused on the basis that it was considered to be incompatible with the objectives of the General Rural zone, due to impacts on the amenity of the area, traffic, noise and bushfire risk. These issues were raised in public submissions and reiterated by the City of Gosnells. The City of Gosnells had also previously initiated an Amendment to its Local Planning Scheme to prohibit all Places of Worship in the General Rural zone, meaning that the merits of individual applications were not given due consideration.

As a result of the initial refusal, Lavan Legal were engaged to lodge an Application for Review (Appeal) to the State Administrative Tribunal. The City’s Scheme Amendment was not supported by the WAPC and ultimately was refused by the Minister for Transport; Planning; Lands.

Through the SAT mediation process, the JDAP was invited to reconsider its original decision. With the City’s Scheme Amendment falling away as a relevant consideration, there was an opportunity to review the original application in consultation with a project team including the client’s solicitors, architectural designer, landscape architect, traffic, noise bushfire and environmental consultants. The amended proposal, compiled and submitted by Harley Dykstra, responded to each of the issues raised by the Local Authority and community. With all design, planning and management issues comprehensively addressed, the JDAP approved the application, with acceptable conditions, enabling the development to proceed.