The neighbours of a $35 million four-storey apartment development in the state’s South West have lost a Supreme Court bid to challenge its approval.
In December last year, A&R Development lodged plans to build a four-storey mixed-use development featuring 28 apartments across four storeys, a café, and gym on Geographe Bay Road.
The development, designed by DMG Architecture, was approved by the regional Joint Development Assessment Panel in February, despite having drawn the ire of sections of the Dunsborough community.
The approval was also granted amid a push by the Dunsborough Progress Association to reduce building height limits along the popular South West tourist strip.
The demolition of existing shacks on the site had begun, with developers targeting a completion date of December 2022.
But residents Bradley and Norma Thomason and Richard and Sharman Farris sought to challenge the approval, arguing that the decision should be reviewed on the basis that the panel erred in law by approving a development on the site of more than two storeys.
In a determination handed down this afternoon, Justice Jennifer Smith moved to refuse the application.
Justice Smith found that no jurisdictional error had taken place in the approval of the development, and that the application should be dismissed.
