Batavia Motor Inne Redevelopment FAQ
The City of 91Ï㽶µ¼º½ is committed to making the site of the former Batavia Motor Inne located at 54 Fitzgerald Street safe and compliant with WA legislation. Officers continue to liaise with the owners to facilitate a desirable outcome for the site and this page will be updated as new information becomes available.
Why wasn’t the last building on the Batavia Motor Inne site demolished?
The owners have chosen not to.
On 4 November 2022, the City issued a Notice to the owner of the site under the Health Act.
The Notice declared the buildings on the site unfit for human habitation and required they be demolished within 90 days.
This has not been complied with.
A demolition permit under the Building Act was issued by the City on 20 September 2023 and demolition works were undertaken during September/October 2023, which resulted in one building not demolished.
As a building remains on the site that is unfit for human habitation, the City commenced action in the Magistrates Court for the failure of the landowner to comply with the City’s Notice.
What was the result of the court hearing on Thursday 11 July 2024 regarding the failure to comply with a demolition order?
The matter was adjourned until Thursday 22 August 2024 on the basis that a guilty plea would be entered by the owners of the property.
Why did Council approve a development application for 21 serviced apartments to be built on the former Batavia Motor Inne site?
The City received a development application to redevelop the remaining building on-site for 21 serviced apartments for the purpose of short term accommodation.
The City is required to consider development applications it receives on their merits according to the City’s Planning Framework.
Officers undertook the assessment and recommended the application be approved subject to conditions, which included that the demolition rubble be removed prior to the occupation of the building.
Council approved the application and included the recommended condition regarding rubble removal.
What would have happened if Council didn’t approve the development application?
The proponent could challenge Council’s decision at State Administrative Tribunal (SAT).
How long does the developer have to start construction?
The owner is in breach of the City’s Notice and therefore that requires immediate action to comply with the Notice.
The development approval is valid for four years from the date of approval. If the development has not substantially commenced within the specified timeframe the approval will lapse.
How can a demolition order and development approval for the same building and site be in place at the same time?
The demolition order falls under the Health (Miscellaneous Provisions) Act 1911 and the development application falls under the Planning and Development Act 2005. Both work independently of each other. There is no requirement for the owner to go ahead with the development approval, so that is why the Notice remains valid, as it is the only mechanism to require the owner to make the site safe.
Will the remaining building still be developed into serviced apartments if the Magistrates Court determines the building must be demolished?
If the Magistrates Court orders the building to be demolished, and that is complied with by the owner, then there will no longer be a building to redevelop. If the building is made fit for human habitation, then that could satisfy the order.