The contentious Point Grey development will be back on the agenda at this month's Shire of Murray meeting, after the WA Planning Commission questioned the council's latest decision to halt the marina's construction.
It is yet another twist in a long-running battle between the Shire of Murray and developers Tian An Australia since the 300-berth marina was proposed, which would require the dredging of a 2.5 kilometre navigation channel across the Peel-Harvey Estuary.
At a meeting in March, Shire of Murray councillors approved the advertisement of a Town Planning Scheme amendment to remove a marina as permissible use under zoning around Point Grey.
The Point Grey marina was deemed "unsuitable" under the planning framework and was sent to the WA Planning Commission (WAPC) and Environmental Protection Agency (EPA) to be considered in April.
However, councillors are expected to vote again on the controversial proposal at a meeting on Thursday, after the WAPC raised concerns over the confidential nature of the Shire's decision.
Previously:
In a report prepared for council to consider this week, officers recommended not to advertise the change to the Town Planning Scheme.
Instead, should the Shire wish to proceed with an amendment, officers suggested to advertise it openly to the public.
"The Western Australian Planning Commission has communicated its concern that the council's resolution on 16 March 2020 to prepare the Amendment was passed in a meeting that was not open to the public," the report read.
"The Commission has indicated that it is not prepared to support the Amendment for that reason.
"The Shire has an obligation to ensure that planning initiatives remain relevant and appropriate over time having regard to a range of considerations, affected private interests as well as the public interest."
Read more on the Point Grey marina development:
- Developer back to drawing board as state tribunal dismisses marina proposal appeal
- Mandurah Mail 2019 year in review: Fate of Point Grey decided in October
- All three local MPs speak out against Point Grey Marina proposal ahead of upcoming state review
- Shire of Murray councillors vote against stage one of Point Grey marina project
In an interview with the Mandurah Mail in April, following the announcement that the Shire had deemed the marina "unsuitable", Tian An Australia chief operating officer Hai-Young Lu said the company was "disappointed".
Mr Lu added that they were, however, "committed" to seeing the project through.
"The council's attempts to initiate an amendment to the Local Planning Scheme, which was considered in a secret manner without any consultation with the owners or the relevant planning and approval authorities, is highly unusual," he said.
"The company is currently working through its response, but would like to reassure the community that it remains committed to delivering locals and visitors alike a vibrant, environmentally sustainable development that helps meet the needs of one of Australia's fastest growing regions."
Council is set to vote on the issue publicly at the June council meeting on Thursday, June 25.
The Mandurah Mail will be closely following the decision, with more information to come.