Community group Dunsborough 2030 have raised $20,000 in five days for property owners to take legal action against the Joint Development Assessment Panel in the Supreme Court.
The group will seek to have a decision by JDAP overturned that allowed for the development of a four-storey multi-purpose luxury apartment complex to be built on Geographe Bay Road, adjacent to Seymour Park.
The developer DMG Australia proposed building a mostly residential complex valued at $12 million over four lots on Geographe Bay Road and Lorna Street in Dunsborough.
More than 100 people objected to the development during the consultation period (out of 121 submissions) from people who were mostly concerned about the scale and height of the building.
Dunsborough 2030 member Greg Milner said the development was approved by JDAP based on the R80 rule, and not the local planning scheme which determined that buildings should not be more than two storeys within 150 metres of the waterline.
"The neighbours think they have made an error in law, two planning lawyers have expressed the same opinion, with those two opinions the neighbours are seeking a judicial review in the Supreme Court to overturn the decision," he said.
"People from all over the place have provided money to stop this four-storey building from going ahead."
In the mean time, the developer still needs building approval from the City of Busselton and the existing buildings could still be demolished before construction started.
"I suspect it is unlikely to get building approval if there is Supreme Court action in place," Mr Milner said.
A Department of Planning Lands and Heritage spokesperson said the Development Assessment Panel could only make a decision that aligned with the relevant local government's planning scheme.
"In this case, the decision aligned with the City of Busselton's Local Planning Scheme No. 21, and relevant State planning policies," the spokesperson said.
City of Busselton chief executive officer Mike Archer said having sought and considered external advice, the city has decided not to support proposed action in the Supreme Court in relation to the proposed development.
"The council has, however, initiated an amendment to its town planning scheme that would, if it is ultimately supported by the Western Australian Planning Commission and Minister for Planning, change the controls that would relate to future development proposals in the area," he said.
"The city expects that community consultation about that amendment will commence in coming weeks."
The developer did not respond in time for publication.
