The City of Cockburn will be forced to defend its decision to prevent the Rebels bikie gang from continuing to use a Bibra Lake factory unit as a clubhouse.
Despite a secret briefing from police about the gang's criminal activity, the council is being taken to the State Administrative Tribunal for a hearing on January 20.
It's understood the owners of the factory unit, which includes the family behind car dealership company Purely Commercials, will argue there are no planning reasons behind the decision to throw out the Rebels.
In October last year, the council was told by the organised crime squad that it wanted the Rebels, Australia's biggest bikie gang, evicted from the Kembla Drive factory unit and that it was being used as a clubhouse without proper approval.
"As part of the assessment undertaken, the organised crime squad intelligence unit has provided the city with an up-to-date security-in-confidence report," council minutes revealed in June said. "The report outlines how the Rebels do engage in criminal activity, which can be a risk for those properties, businesses and people surrounding the club premises."
Last year, a raid of the clubhouse uncovered a sawn-off shotgun, ammunition and two cars that were seized by police.
Until recently the Rebels were involved in a tit-for-tat war with fledgling Perth bikie gang Rock Machine, which included the drive-by shooting of the Rebels WA president Nick Martin.
A Bibra Lake tattoo parlour owned by the Rebels was also firebombed. The Rock Machine was recently patched over by the more established Australian bikie gang the Bandidos.
Council minutes show that its officers initially recommended in favour of retrospectively approving a planning application to allow the factory unit to remain a clubhouse. But it was later decided to seek further legal advice.
In July, the council rejected the application, prompting threats of a public protest by Rebels gang members.
The factory unit's owners and the council's mayor Logan Howlett declined to comment.