Hesperia, a Perth development company, has for the past 3 years been working behind the scenes to revive the Smiths Beach Development. In December 2021 a development application was made by Adrian Fini who is fronting a group of prominent Perth developers and financiers, which include Michael Oosterhof & Willy Packer.

The application includes a 65 room hotel, 61 residential homes, 36 campsites as well as a restaurant, function facilities, café & the relocation of the existing surf club.

Concerns have arisen about this proposal due to the fact that this proposal flouts numerous State & Local Planning Laws, EPA recommendations, current state approvals and the application broaches further West onto the ecologically sensitive headland that is a proposed National Park under current approval.

The overarching issue is the dramatic increased size of the proposed development when compared to the planning laws, which state that the development area of 16.39ha, the current proposal is 22.35ha, a 36% increase. Also the developer, by law, must ceded 21.38ha of land to the approved national park, however the developer will only cede 15.82ha, a reduction of 25%.

This increase in development size and consequential loss of national park is located on the headland which is an area that the EPA notes (2009 report) as unsuitable for any form of development due to its “high, conservation, landscape & ecological values” and “low ability” to absorb any development. The EPA also note this area if developed will cause the greatest visual and significant ecological impact on Smiths Beach.

The Smiths Beach Action Group is not against development of the site, however any future development must be sustainable and should at minimum adhere to the long-standing planning laws of the site. We will support a proposal that reflects the current planning laws, current approvals, and environmental conditions that are long established for this unique and pristine area. All we ask is that the developer proposal adhere to the planning law, nothing more.

Note: Development Area is calculated as the area impacted by development, excl. public open space and reserves.

For more details on the ISSUES click here.

Importantly it must be noted that the planning laws, development conditions, and legislation that the developer wishes to by-pass were all approved in 2011, years prior to the current developer purchasing the land. The developer bought the land in full knowledge of these laws and rules, which were designed to ensure a sustainable and financially profitable development reflective of the iconic status of the site. The developer now seeks to circumvent due process in seeking an increased financial return from not adhering to the laws.

The developer has publicly confirmed their proposal does NOT meet the current planning laws, approvals, and regulations. So how can it be approved?

Local & state planning laws can be avoided by utilizing the emergency COVID ‘Short -Track’ planning process through the Western Australian Planning Commission (WAPC). The process is managed by a select group called the State Development Assessment Unit (SDAU) and is available to developments over $5 million in the the regional areas of WA.

The SDAU can make any decision they want, as the local and state laws do not apply to this group. The specific legislation that give the SDAU these powers is known as the Planning and Development Amendment Act 2020, which states

Section 275 (3)

-Without limiting section 270(1), for the purposes of the Commission’s consideration and determination of the development application —

(a) the legal instrument does not apply; and

(b) the Commission is not otherwise bound or restricted by the legal instrument.

In the case of Smiths Beach this means that the Busselton Local Planning Scheme & the approved Development Guide Plan (‘legal instruments/laws’) do not apply in consideration of this proposal. The SDAU is not bound or restricted by the laws that were introduced in 2011 to ensure development at Smiths Beach is sustainable and appropriate.

In 2011, after years of back and forth, a Development Guide Plan (DGP) was approved for the development of Smiths Beach.

The DGP establishes the planning laws and set outs the allowable size of development, which is 16.39ha. Also, the identifiable development envelope, in which all future development must occur. It additionally sets out a range of requirements that the developer must adhere to like connecting to mains sewer, upgrading of roads & intersections as well as rehabilitation & revegetation plans.

The Busselton Local Planning Scheme No.21 (LPS) also forms part of the planning laws that the developer must adhere to click link here (PDF possible?? TPS – Website Folder), and along with the DGP can be overruled by the SDAU.

The Law: 16.39ha approved development area
The Proposal: 22.35ha proposed development area (+36%)

The Law: 21.38ha of land to be ceded to a future National Park
The Proposal: 15.82ha of land proposed to a future National Park (-25%)

The Law:Exposed headland area protected from development
The Proposal: Headland to have 15 houses and a multilevel exclusive hotel located on it

The Law:Foreshore reserve to be protected from development
The Proposal: Hotel to be built in foreshore reserve

The Law: Main Sewer Connection
The Proposal: Dispose of on site, increasing environmental impact

The Law: 70% (min) tourism land use, 30% (max) residential land use
The Proposal: 35% tourism land use, 65% residential land use (approximate)

The Law: Revegetation & Rehabilitation Commitment
The Proposal: No Commitment

The Law: Upgrade Roads & Intersections to improve vehicle safety
The Proposal: No upgrades, safety reduced for visitors

The Law: Community Contribution Fund
The Proposal: No Commitment to Fund

The Law: There are plenty more, but these are the main laws being bypassed
The Proposal: Bypassing the Laws

There are plenty more, but these are the main laws being bypassed

Adrian Fini & Hesperia have publicly stated they have been working on the project since 2019, & with the WAPC since 2020, however the community has strategically been kept out of the process.

We have requested since May 2021 for the developer to commit to a standard community consultation process, they still refuse this request for transparency and open communication.

The Smiths Beach Action Group has been requesting the developer to not bypass the law by using the SDAU process and this position was publicly backed by the Busselton Council and Local MP Libby Mettam.

It has also been discussed in the Western Australian parliament, and it seems that the entire community agrees that the developer should not bypass the laws and their proposal should be assessed through the normal process, which is through the City of Busselton.

In the late 1990’s, a large development was planned for the Smiths Beach hillside in the South-West of Western Australia. A group of local residents rallied to create the Smiths Beach Action Group (SBAG) who alerted the wider community and together, an epic battle ensued that became one of the biggest campaigns the state has ever seen. It lasted over 13 years in duration and went all the way to the SAT, and, blew open the doors of the Crime and Corruption Committee. In time, SBAG with the support of tens of thousands of West Australians held the developer to account until they finally passed up on the opportunity to develop abiding by the same planning laws that today’s developer is still trying to avoid.