BACKERS of a divisive wave park on the Swan River at Tompkins Park hope to begin building the $25 million complex next year after opponents failed in a Supreme Court bid to force a judicial review of the project.
In a blow to community groups fighting the wave park, Justice Jeremy Allanson dismissed the Swan Foreshore Protection Association’s application for a review and ordered it to pay costs. The association had claimed the City of Melville failed in its public notice requirements before granting a lease to wave park proponents Urbnsurf.
While Justice Allanson agreed the city had technically failed to comply with required regulations, that should not have prevented the lease being issued.
“In this case, as counsel for Urbnsurf submitted, any breach of legislative requirements was not the result of anything it did or omitted to do,” Justice Allanson said yesterday.
“More generally, a party dealing with local government, in good faith and on commercial terms, could have no certainty if any disposition of property could be set aside for a technical non-compliance.”
Association head Clive Ross said he was disappointed a judge could find rules had been broken but there should be no consequences. They would follow up with the Planning Minister.