Dugalup Centre…..

Tallest building south of Bunbury on hold

Developers launch appeal to SAT

The Development Assessment Panels Secretariat has confirmed that the developer, DCSC, has launched a challenge to the RJDAP decision (see below) which rejected the development application. The appeal to the State Administrative Tribunal (SAT) was launched January 19, 2022. There could be an attempt to mediate an acceptable outcome or the SAT could hear the appeal to overturn the decision. This is what happened when DCSC in 2015 tried to put a petrol station on the site. The JDAP decision was overturned (twice) by the SAT but the JDAP appealed that decision and a subsequent Supreme Court decision before a Court of Appeal decision upheld the JDAP decison and subsequently DCSC threw in the towel. The whole process took over three years. More background here.

Development Application Rejected!

The Regional Joint Development Assessment Panel voted unanimously Monday, January 10 to reject the 6 storey development. Council Carter introduced a motion to support the city’s recommendation that the development be rejected. He cited concerns over the height and scale, traffic and Dugalup Brook. The motion was seconded by Mayor Henley. The three Perth planners on the panel agreed.

The local developers, DCSC, could appeal to the State Administrative Tribunal (SAT), as they did with the Puma petrol station or they could go back to the drawing board. A SAT appeal could involve seeking a mediated settlement or an attempt to overturn the decision.

The meeting, held in the City Council Chamber was well attended by the communty with over 90 in attendance. Lizzie Nunn and Peter Kyle made submissions on behalf of Dunsborough2030; Helena Nicholson onn behalf of DCALC and Tony Sharp on behalf of the DPA.

The developers will need to lodge their SAT appeal within 28 days.

Update Dec. 22, 2021:

The City of Busselton Planning Department has recommended the development application not be approved. There were many reasons given, but the main one was the height and bulk of the building is inconsistent with  the desired future scale and character of the area.   Unfortunately this is just the first hurdle as the final decision will be made by the JDAP on January 10.
In light of these comments and massive community feedback (more than 578 submissions-96.8% opposed!) the local developers have lowered the height of the building along Dunn Bay Rd from 5 to 4 storeys, but the main building remains at 6 storeys. And the two top floors on Cyrillean Way have been set back a bit from the boundary line. These relatively minor changes do little to address the overall bulk of the complex.
The development’s future will be decided at the JDAP meeting Monday, June 10 at 1pm at the City Council Chambers in Busselton. We had asked for the decision to be made in Dunsborough, but that was unfortunately rejected.  The developer’s Perth lawyer is telling the JDAP the building meets the desired future vision of Dunsborough. It is important as many as possible attend to show it is not our desired future. The decision will be made by the five member panel including local councillors Carter and Henley and three Perth planners. We strongly hope our councillors will hold the line and not support the development. 

The proposed Dugalup Centre will sit on two blocks between Coles shopping centre and the new brewery etc. on the old Peko-Peko block. It will be four storeys along Dunn Bay Road and six at the back, making it the tallest building south of the Bunbury Tower. The deadline for making submissions regarding the development was Friday, Dec 3, 2021.

It will have underground parking and parking on the next three floors with space for 174 cars with some on-road parking. There will be 42 apartments ranging from 1 to 3 bedrooms. There will also be a restaurant, cafe, bottle shop, fish shop, supermarket and 13 offices. The total area is 16,800sqm with the largest area dedicated to parking at 6,700sqm and the apartments at 5,300 sqm.

View from Cryillean Way
Revised development along Dunn Bay Road

Development approval will be by the JDAP January 10, 2022. It is being developed by the owners of the Coles shopping centre, DCSC Pty Ltd, the company that tried to develop the Puma petrol station on the front lot. The company’s directors as of Nov. 6, 2021 include Kylie Brierty, Peter De Chirea, Michael Edwardes, James Litis and Gary Zinnecker. The deadline for submissions to the JDAP was December 3. The JDAP presiding officer is also the planner for the development. It is assumed he will stand aside.

Three dimensional model-not updated by developer
View from Dunn Bay Road-revised

Apart from the convenience store entrance at corner of Cyrillean Way , the Dunn Bay Rd facing side will be glass windows looking into the store and the entrance to the apartments,

Dunsborough 2023 showing new developments planned and/or approved

The above map shows the new developments approved for the Peko Peko site and the new Woolworths, along with the proposed Dugulup Centre.

Revised development next to new brewery
View from Caves Road-revised