Cottesloe council abandons possible legal battle over $221 million Ocean Beach Hotel redevelopment

Cottesloe council has abandoned its threat to challenge the Ocean Beach Hotel redevelopment approval in the Supreme Court, citing the huge expense and a slim chance of winning a legal battle for backing down.

Civic leaders were furious after the WAPC approved a $221 million revamp for the iconic beachfront pub, with the town council last month unanimously agreeing to pursue urgent legal advice over its options to fight the approval.

The town had raised strong objections throughout the approval process because of fears the building’s size and height — four storeys higher than the council permits on the beachfront — would set an “undesirable precedence” along the prized foreshore.

It suffered another blow at the WAPC meeting on June 22, when it was unable to convince the panel to require developers of the Stan Quinlivan-owned site to cough up a “significant monetary contribution” to help pay for the town’s $22m foreshore overhaul.

But in a behind-closed-doors meeting on Tuesday night, the council decided against taking any further legal action citing “limited legal grounds”, the “estimated significant cost” and the “unlikelihood of success” given the “broad application” of the Planning and Development Act.

“Irrespective of a judicial review being successful and the decision set aside, the WAPC is unlikely to make a significantly different decision to address the town’s concerns, given the broad application of Part 17 of the Planning and Development Act 2005,” the council decision read.

But its fight against the State Government’s fast-track development pathway for big projects is not entirely over.

The council wants to team with the WA Local Government Association, other councils and local MPs to lobby the State Government to “make meaningful changes” to the current State Development Assessment Unit processes to protect “local community town planning interests”.

Former Premier Mark McGowan said in February the pathway his Government introduced to help revive the economy after COVID would be made permanent, allowing the WAPC to overrule local government zoning schemes based on the assessment of the SDAU.

A WALGA spokesperson told PerthNow yesterday it did not support the special development pathway and opposed the move to make it permanent.

“In its current form the special pathway provides unfettered powers to the WA Planning Commission, circumventing meaningful involvement of local communities in the planning process,” they said.

“WALGA is pleased that the State has indicated that the permanent special development pathway will not retain the ability to completely ignore statutory local planning schemes.

“WALGA will continue to advocate strongly to the State Government on this matter. This will be informed by continued collaboration and input from our members, including the Town of Cottesloe.”

Cottesloe council wants the next version of the SDAU to ensure local governments and third parties have more robust appeal rights.

Mr Quinlivan and luxury apartment developers Edge are behind the new iteration of the 115-year-old venue, which will feature a five-star hotel, 185 apartments across three towers, a day spa, cafes, restaurants and shops.

Edge managing director Gavin Hawkins told PerthNow last month they expected punters to be able to enjoy a beer at the iconic cornerstone pub for at least one more summer before demolition begins.

It comes after the Town of Claremont said it was left “totally disillusioned” by the WAPC’s processes after it waved through a $109m 19-storey high-rise in its town centre in June against the advice of the council.