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The City of Nedlands CEO told residents she authorized a building permit for four proposed homes at 5A and 5B Alexander Road, Dalkeith, after independent legal advice that the development had substantially commenced before its approval expired. At a 1 October 2025 meeting, residents disputed that the limited work they observed met the condition. The available council record establishes the approval and deadline, but does not settle what work occurred or whether it legally counted as substantial commencement.
How the approval reached the City’s commissioners
- December 2022: The City refused the proposal for four multiple dwellings. The council agenda cited concerns including midwinter overshadowing of a neighbour’s living and outdoor areas, bulk and scale, and the upper-floor setback from Alexander Road. Those were the grounds for the original refusal, not proof that the same concerns remained after the later approval. City of Nedlands council agenda.
- 27 June 2023: Following reconsideration under section 31(2)(c) of the State Administrative Tribunal Act 2004, council set aside the refusal and approved the development on plans dated 16 June 2023, subject to conditions. These included requirements relating to plans, stormwater, bins, landscaping, a dilapidation survey, trees, acoustic reporting and energy-assessment recommendations. City of Nedlands council minutes.
- September 2023: PerthNow reported that an amended development approval was issued that month. The June council minute establishes the approval resolution, but does not substantiate the details of that September amendment. PerthNow’s 16 October 2025 report.
What the deadline required
The June 2023 approval required substantial commencement within two years of the decision letter. PerthNow reports the deadline as 27 June 2025. This was a condition attached to the approval; the available council minute does not establish that council later granted a fresh extension.
The dispute turns on whether qualifying work had taken place by that deadline. The approval record states the condition, but does not provide a detailed site-work log or establish which physical work was completed.
Why residents challenged the City’s decision
PerthNow reported that CEO Keri Shannon told commissioners on 1 October 2025 she had authorized the building permit after receiving independent legal advice that substantial commencement occurred before the approval expired. Shannon said: “I authorised the building permit being issued.” She also said, “However, it was important to me that this matter be determined in an unbiased and impartial manner.”
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Residents questioned whether the work they had seen was enough. Neighbouring owner Alex Campbell said: “The very little bit of site work I would have hardly thought was a commencement of building.” His statement reflects his view; it is not an independent finding about the work or its legal effect. Resident Rex Hubbard also challenged Shannon about her awareness of correspondence, asking: “Are you saying that following that letter, you are still not aware of the situation?”
What is established—and what remains unresolved
The distinction is between the City’s recorded approval condition and the competing accounts of how it was met. The council minute establishes the approval and its requirement for substantial commencement. PerthNow reports Shannon’s explanation that she relied on independent legal advice, and residents’ objections to the amount of work they observed.
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PerthNow also reported Shannon’s account that the applicant said it had taken reasonable steps to obtain access for a dilapidation survey around 26–27 June 2025, and that a survey was subsequently carried out. Residents disputed the circumstances. The available material does not include the survey-access correspondence, the legal advice, the building permit, a detailed account of site work, the full September amendment, or a later tribunal or court ruling. It therefore does not independently resolve whether the work satisfied the condition or whether the City’s assessment was legally correct.
The practical question for any definitive account is what work was actually done by 27 June 2025, what evidence supported the City’s view, and how that evidence was assessed against the approval condition. The meeting report records the disagreement, not a final adjudication of it.
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