Perth developer puts forward new design for Smith's Beach developer

Perth developer Adrian Fini announced on Saturday that his Smith's Beach Project team were preparing a proposal for a 'coastal tourism village' at Smiths Beach.

The proposal includes a Cape to Cape HQ, Surf Life Saving Club, general store, cafe, foreshore nature play area, hotel, restaurant and campground.

Overall the proposal would contain 126 dwellings made up of 65-room hotel and 61 holiday homes which is instead of the already approved 536 dwelling proposal that former owners of the site put forward.

The site has been marred with controversy since the early 2000's when developers Canal Rocks Pty Ltd first put forward a proposal to develop the area.

Since the state government passed its planning reform laws in June 2020, it allows developments valued over $5 million in regional areas to go straight to the WA Planning Commission for approval.

It then means the City of Busselton do not get to look or vote on the proposal before it reaches that stage of planning.

In June 2020, planning minister Rita Saffioti said the reforms would immediately respond to the economic challenges from the pandemic.

"The majority of the proposed amendments are part of the State Government's Action Plan on Planning Reform and follow three years of consultation to remove barriers in the planning system, provide greater clarity and consistency for users of the system and reduce the administrative burden on the State's 139 local governments."

The community have already banded together and reformed the Save Smith's Beach Group after Mr Fini's team met with locals in May and June.

Save Smiths Beach spokesperson David Mitchell said they were not against development but their concerns centred around the size and scale of the development and potential approval process through the fast track method.

"It enables the developer to bypass local planning laws," he said.

"Our group is aware that on certain fronts the current proposal does not meet certain planning laws or development guide plan, which is the approved document for this site.

"We do not think that such an ecologically sensitive site should be able to bypass those laws."

Mr Mitchell said up until May 24 he was not aware of any community consultation taking place.

"I approached Hesperia personally and requested that they meet with some locals," he said.

"I put together a group of 20 people and we have now met with Hesperia twice, once on May 24 and June 24.

"At both meetings we requested that Hesperia undergo a proper community consultation process.

"The fast track method is only open for 20 days online ."

Mr Fini said the project team had been engaging with stakeholders, local governments, community associations and local businesses throughout the development design process.

"We are continuing to engage with local groups and stakeholders as our vision evolves," he said.

"In 2020 a Cultural Working Group of Wardandi Traditional Owners was formed to work with the project team on areas such as traditional bushfire and vegetation management, design of wayfinding and site storytelling, tourism offer and supply chain opportunities.

"Our intention is to explain our proposal in detail in the coming weeks once we have completed the work required across a wide range of specialist and technical areas.

"The approval process for this project is rigorous and includes a consultation process."

Mr Mitchell said a development of this nature would need a change to the development guide plan and a minimum of 60 days community consultation (for a change of size) then a further 30 days.

"We are concerned that not only does the developer not want to engage in any community consultation outside the standard 28 days online, we just don't believe that is appropriate for this site.

"What we learned from the two presentations is that the building envelope is 30 per cent larger, and more importantly the development moves west of the firebreak line, and current approved line.

"This area is noted in the EPA report of 2009 of being an area of significant vegetation that should be ceded to national park.

"That is why after 15 years all parties including the government agree that no one should be able to develop in this area.

"This developer wants to develop in this area and that is a huge concern to us. They are increasing their footprint from the approved 12.8 hectares to 17 hectares."

City of Busselton Mayor Grant Henley also expressed concern to the Mail about what role the city will be able to play in the approval process.

"City of Busselton Councillors have an important role to play in addressing any formal submission and we do expect that through any consultation process, we will be provided an opportunity to comment and present any concerns raised by community regarding the development," Mayor Henley said.

Former mayor and councillor Ian Stubbs told said it would be a disgrace to allow any new proposal to pass through an abridged planning process.

"Because of the history behind the Smiths Beach development and the enormous volume of public submissions lodged when the previous development proposal was under consideration.... The public has clearly demonstrated that they are very concerned about the future of this area and they should be given a say."

Resident Bill Scully said the new development was a lot bigger than the last one and encroached more on the West End of Smiths Beach.

"To tell you the truth I would rather see no development at all but I do not think we can stop it this time," he said.

"We have to try and protect the West End and keep the environment, and keep the development more low key than what the developer wants to have.

"It is undemocratic that the state government could fast track this development, it is all in secrecy.

"I would like people to be aware about what is going on, the more people who are aware the more people will realise how unfair this fast track process is, it is ridiculous."

"This is a unique bit of the beach here which faces the north, the water gets quite still here in summer, it is already getting quite degraded along here.

"We have been trying to rehabilitate this part of the beach, people walk all over it because there is no designated track, it gets so crowded here and with more development it would get more crowded."

A Department of Planning, Lands and Heritage spokesperson said it had been in discussions with the proponent on the potential Smith's Beach development but no formal application had been lodged.

They said all applications submitted via the new pathway were subject to public consultation, assessment against the relevant local planning framework and State planning policies.

"And referral to the local government and regulatory authorities such as the Environmental Protection Authority and Department of Biodiversity, Conservation and Attractions for consideration of potential environmental impacts."

"On completion of consultation, the Department of Planning, Lands and Heritage reviews all submissions, including those from the public, to make a recommendation for final determination by the WA Planning Commission."

The new planning pathway for developments will stop in early January 6, 2022.

Vasse MLA Libby Mettam said she had written to planning minister Rita Saffioti about her concerns with this proposal going through the new planning pathway.

"These measures were introduced to Parliament as a temporary, short term measure aimed at stimulating the economy with shovel ready projects, avoiding extensive referral periods," she said.

"I don't believe the scope of this legislation was intended to cover projects of this scale or nature.

"Given the contentious history, there is significant concern that the current development proposal may be fast-tracked to bypass proper public scrutiny."