Developers of a petrol station in Dunsborough have pulled out of the project after an agreement between Puma Energy and DCSC Pty Ltd lapsed on December 31, 2018.
In a three-year battle, Dunsborough residents and the City of Busselton fought to stop developers building a new petrol station on one of the last remaining vacant blocks in the town centre.
Community members opposed to the project formed a Puma2Go campaign when developers bypassed town planning laws by calling the petrol station a convenience store to seek approval for the application.
The Joint Development Assessment Panel knocked back the development application, which saw the developers lodge an appeal with the State Administrative Tribunal, the developers won.
JDAP then lodged an appeal with the Supreme Court against the landowners in September last year, which ended in favour of the landowners.
JDAP then took the case to the Court of Appeal in November last year, which decided that an earlier Supreme Court decision to allow the petrol station was wrong.
DCSC Pty Ltd spokesperson Paul Kotsogio said despite legal advice that a High Court challenge would have a high probability of success, the parties mutually agreed not to extend the agreement to develop a convenience store and fuel outlet in Dunsborough.
Mr Kostogio said the State Administrative Tribunal twice ruled in favour of the project but a successful appeal by the state government in the Supreme Court had seen the matter referred back to the tribunal for reconsideration.
Mr Kotsoglo said there was now a great deal of uncertainty with regards to land use given that the City of Busselton and the WA Government could make changes to the permitted land use under the zoning at any time.
“We are not the first, and will not be the last party, to be thwarted by a long, expensive and an unpredictable approvals process,” he 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.”
Mr Kostogio said the syndicate would now consider other commercial options for the development of the land.
City of Busselton Mayor Grant Henley said that council welcomed the decision.
“The City had long had reservations about the proposed development, which was not considered to be in keeping with the community vision for a vibrant and pedestrian friendly Dunsborough town centre,” he said.
“The City now welcomes the opportunity to liaise with the owners around alternative concepts for this very important site.”
The community group Puma2Go wanted to thank the residents of Dunsborough for standing up and fighting this development from day one.
A Puma2Go spokesperson said from the initial JDAP hearing in December 2015 residents made it clear a petrol station disguised as a convenience store was not needed or welcome in the main street.
More than 4,000 signatures opposing the development were collected and over a thousand pledged to boycott the development if it went ahead,
A Puma2Go spokesperson said the group was surprised the developers blamed the state for being able to ‘change rules at will’ when a change in zoning definitions was already underway prior to the development application being submitted.
The spokesperson said it was clear from day one the city and the residents were opposed to the development.
“It is reassuring to know that sometimes there is justice in this world,” the spokesperson said.
The group welcomed Puma or any other petrol retailer to Dunsborough, just not in its main street, and are willing to work with the developers to explore other opportunities for their land.
