Sunland’s controversial “Grace on Coronation” development in Brisbane’s inner west has hit yet another roadblock, with a neighbouring resident winning an appeal against the approval of the three-tower development.
Toowong resident Kate Peta Bell has won a partial victory against the $430 million Zaha Hadid-designed skyscrapers, with the Court of Appeal overturning the earlier judgment of the Planning and Environment Court.
Bell launched an initial appeal in May last year, which was dismissed by Judge Rackemann on the basis that the towers non-compliance with town plan height restrictions was offset by the public space around the base of the towers.
The appeal to the Court of Appeal was made on the grounds that the Grace on Coronation towers exceeded the strict height limitations outlined in the Brisbane City Council planning scheme.
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The scheme allowed for a maximum 15 storey height limit on the site, while Sunland’s development comprised three towers – two rising 24-storeys and one 27-storey tower.
The project proposed a total 555 units, with parkland and ground floor retail.
The Court of Appeal’s unanimous judgment was critical of Rackemann’s judgment, saying that the Planning and Environment Court judge had erred in his interpretation of the planning scheme which clearly limited the height for any building on the site.
“In his essence, his Honour formed his own judgment of what was in the public interest without recognising the relevance of the scheme to that question,” Judge McMurdo’s ruling said.
“[The judge] erred in interpreting provisions of the planning scheme which limited the height for any building on this site.”
In a statement, the Sunland Group said that its lawyers were reviewing the Court of Appeal judgment.
“Accordingly, we will wait to receive and consider their expert advice before making any comment.
“We remain committed to delivering a world-class residential development on the Toowong site, which delivers enduring architecture and expansive riverfront recreation spaces to the community.”