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Council decision on Seawall Apartments

Thursday 21 April 2022

Council has made the decision to remove itself from the legal case against the developers of the Seawall Apartments, to allow it to invest time and resources more effectively to advocate on behalf of the community.

Elected Members agreed to the decision at the 12 April council meeting. Holdfast Bay Mayor Amanda Wilson and council Chief Executive Roberto Bria will now seek to meet with the developer to advocate a best possible outcome on the community’s behalf.

“When demolition began of the non-heritage buildings at the Seawall Apartments site earlier this month, I was unable to comment publicly as the litigation was to come before council for a decision on 12 April,” Mayor Wilson said.

“My hands were tied as I cannot comment prior to a matter being debated.

“As we have now resolved to discontinue, I will have more freedom to campaign publicly and in the media to convey our stance on the development - that five storeys should mean five and not 13.”

Council successfully campaigned to support the community in its opposition to a multi-storey replacement for the historic Seawall Apartments on the foreshore at Glenelg. This resulted in the development’s refusal by the State Commission Assessment Panel (SCAP).

Council was subsequently allowed to be joined in the Environment, Resources and Development Court against the developer’s appeal against the SCAP’s decision.

Since then, the developer has appealed that decision to the Supreme Court.

As a result, Council had to make a decision whether it wished to actively participate in the defence of that appeal.

Based on legal advice around the costings and likelihood of success, and in light of the changed position of the SCAP since its initial decision, Council resolved to discontinue with its active participation in the appeal to the Supreme Court.

In reaching its decision, Council was conscious that by continuing with a protracted legal process, the site would continue to remain dormant and an eyesore in this prominent location.

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