No appeal ends Puma fight
Puma Energy developer DCSC Pty Ltd decided on Wednesday not to challenge an appeal against a new petrol station in the Dunsborough town centre in the High Court.
It comes a month after the WA Court of Appeal upheld a Southern Joint Development Assessment Panel appeal of a Supreme Court decision to allow the petrol station to be developed, on the basis it was approved as a “convenience store”.
Planner and spokesman for DCSC Paul Kotsoglo said the agreement with Puma Energy lapsed on December 31.
“The parties have mutually agreed not to extend the agreement to develop a convenience store and fuel outlet in Dunsborough,” he said.
The State Administrative Tribunal twice ruled in favour of the project but a successful appeal by the State in the Supreme Court on December 3 forced a potentially expensive High Court challenge.
“We are not the first, and will not be the last party, to be thwarted by a long, expensive and an unpredictable approvals process,” Mr Kotsoglo said.
“The ability of the State to change rules at will during the approval process is cause for concern for anyone with an interest in or who owns property.”
Local community group Puma2Go spokesman Tony Sharp said it had been a long three years of fighting but residents never supported the petrol station on Dunn Bay Road.
“We want to thank the residents of Dunsborough for standing up and fighting this development from day one,” he said. “From rallies to contributions and volunteer work, the residents never gave up.”
The December 3 ruling was the first that DCSC had lost.
“It is reassuring to know that sometimes there is justice in the world,” Mr Sharp said.
DCSC will now consider other commercial options for the development of the land.
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