COTTESLOE Mayor Kevin Morgan said the council will consider fighting the State Government over its decision to allow beachfront development higher than three to five storeys.
“We’ll probably challenge. We have legal advice (that) we are in with a chance,” Mr Morgan said.
He said councillors and residents had unofficially supported a challenge,which would keep open the Town’s low-rise option until the 2013 State Election.
At last night’s council meeting, Mr Morgan announced councillors would attend a closed forum to get lawyers' advice and discuss a challenge next Monday.
However, Premier Colin Barnett, who last Friday announced that eight storeys would be allowed at the Ocean Beach Hotel, six storeys at the Il Lido cafe site and five levels at other locations, said legal action was not an option.
“The reality is local government powers, including planning, are delegated to them by the State and we make the decision,” Mr Barnett said.
The announcement marked the end to a 16 month-long rewrite of Town Planning Scheme No3 to allow eight storeys set back 10m at the Ocean Beach Hotel with a three-level limit on the street, and six storeys at the Il Lido cafe site with a 4m setback for anything above three storeys.
There will be a five-storey limit along Marine Parade, with buildings above three storeys requiring a setback.
Mr Barnett said strata titles along Marine Parade would prevent many of the properties being redeveloped.
The rewrite extinguishes a council and community push for three to five-storey limits, which included 5 per cent of the Town’s budget being spent on the Enquiry by Design investigation in 2009.