Opening a step closer

Cuscuna Nominees has been found not guilty of breaching the City’s Town Planning Scheme when constructing the Bayonet Head Shopping Centre, however there are still hurdles to clear before more retail shops can open their doors.

The City pressed criminal charges against the company for allegedly not complying with the planning scheme and carrying out major unauthorised changes to the centre, including building 14 shops instead of 10.

The Bayonet Head Shopping Centre has been open since January last year, with a Woolworths supermarket still the only shop operating after it was granted temporary occupancy.

Magistrate Tanya Watt said Cuscuna had no case to answer at Albany Magistrate’s Court on April 16.

The City has been ordered to pay Cuscuna’s court costs which the company’s managing director Sam Cuscuna said were $10,000.

Mr Cuscuna said he was happy with the decision, describing it as a “step in the right direction” in terms of getting the centre up and running.

“Any project never finishes the same as it starts — some changes need to be done during building,” he said.

In a letter to the Albany Advertiser in August last year that could not be printed at the time for legal reasons, Mr Cuscuna slammed the City for its handling of the case.

“Why is the City taking us to court when he have fully co-operated with their officers, provided required documentation and duly lodged a comprehensive retrospective planning application in accordance with the advice of their senior planning officials,” the letter read.

He said in the letter that the City denied local people additional employment opportunities and deprived residents in Bayonet Head and Lower King the chance for a “modern neighbourhood shopping experience that our centre was originally approved to provide to the local community”.

City deputy chief executive Garry Adams said the City would now consider appealing the decision at the Supreme Court.

“The City of Albany is disappointed with the outcome of the prosecution proceedings and is currently seeking legal advice on the likelihood of success of an appeal against the magistrate’s decision,” he said.

The City and Cuscuna Nominees are also embroiled in a State Administrative Tribunal case, with a full hearing expected in August.

The hearing is about fire safety and occupancy concerns, and the Advertiser understands Cuscuna will seek further temporary occupancy permits to open more stores in Bayonet Head Shopping Centre.