Smiths Beach development: Controversial $280m Adrian Fini-led development at beachside site wins EPA approval

One of WA’s most hotly contested developments of the past decade — a $280 million proposal to develop Smiths Beach south of Yallingup — has been recommended for approval by the environmental watchdog. The Environmental Protection Authority on Tuesday recommended the Adrian Fini-led plans progress, but with conditions that include limits on building heights to up to 9m, protection of native vegetation and fauna and the maintenance of water quality. The project — being developed by Smith’s 2014 Pty Ltd — is 10km south-west of Dunsborough. It will include dozens of multimillion-dollar homes on half-acre blocks, some of which are pegged in a national park. First announced in 2021, it involves building 61 homes on pristine beachside land, along with a 65-room hotel and 36 camping spots within a 19ha footprint. The plan also includes a wellness facility, a campground, shops, a surf lifesaving club and Cape to Cape Track welcome centre. But the controversial project drew 2300 submissions during a public consultation period in 2022, with the Save Smiths Beach action group leading complaints about the impact of the environment. Spokesman David Mitchell today blasted the EPA for enabling “developer greed.’ “This decision calls into question the appropriateness and the validity of the EPA processes to protect the WA environment,” he said. “At Smith’s Beach, it serves not to protect the environment but to enable developer greed.” As previously confirmed by the developer, the plan originally proposed to cede 16.8ha to Cape Leeuwin National Park, despite regulations developed by the WA Planning Commission in 2011 which required 21.38ha to go to the park. However, Mr Mitchell said on Monday that EPA did not require any land to be ceded to the national park. The West Australian understands the decision is lawful following changes to section 275 of 2020 changes to the Act, which required the developer to give only “due regard” to planning laws, but that it was “not otherwise bound or restricted by the legal instrument”. The group also complained of a sea wall, set to be about 100m in length, up to 22m wide, up to 5m high and 2900 sqm in area, claiming it woud all but destroy the family friendly western end of Smiths Beach. The EPA on Tuesday revealed the final plan for the project also included 2.43ha of public open space that would retain native vegetation. An EPA spokesperson said chair Darren Walsh, and three other members all declared conflicts (or perceived conflicts) of interest in the Smiths Beach assessment, and did not participate in the process. The remaining four EPA members dealt with the proposal, considering issues such as the protection of the western ringtail possum and its habitat in significant detail. “Maintaining habitat connectivity between vegetation in the development envelope and the Leeuwin-Naturaliste National Park is front and centre of the EPA’s conditions,” the spokesperson said. “Other measures in the proponent’s Conservation Significant Fauna Management Plan and Offset Strategy address feral animal control, nearby offset areas, and a community-based revegetation program. “And conditions relating to secondary foraging and dispersal habitat for the western ringtail possum contain a requirement for a conservation covenant. “This includes establishment costs and long-term management and maintenance costs.” Additionally, the EPA report recommends building height restrictions consistent with Local Planning Scheme limits, and further height limitations in more sensitive parts of the development envelope. “These height limits are aimed at protecting the Leeuwin-Naturaliste ridgeline as well as the views enjoyed by those using the Cape to Cape Track,” the spokesperson said. Several members of the EPA, including the chair, declared a conflict, or a perceived conflict of interest regarding the Smiths Beach assessment. The EPA said these people had not been involved in the process. The EPA’s report to the Minister for the Environment is now open for a three-week public appeal period and closes on March 3. Appeals should be directed to the Office of the Appeals Convenor. The Minister for the Environment will make the final decision on the proposal. A spokesman for the Smiths Beach project welcomed the release of the EPA’s findings, and said the team was committed to achieving the outcomes required under the proposed conditions. “Our project team of leading Australian landscape designers and architects have designed the coastal village, including its hotel and community facilities, in a way that is sensitive to the site’s environmental and cultural significance,” they said. “The EPA’s report is another important step in the comprehensive, four-year environmental assessment process to date. “This brings us closer to realising our project vision of creating a world-class seaside village for the benefit of Western Australia and the South West — enabling the local community and visitors to this state to share and enjoy the best aspects of our lifestyle and environment.”