The Supreme Court has dismissed an appeal by a high-profile neighbour to stop the construction of Theo Maras’ $27 million apartment tower on the corner of Hutt Street and Bartels Road in Adelaide.
According to The Advertiser, food industry identity, Ray Khabbaz, had sought a judicial review against the January 2020 approval of the 16-storey building.
Khabbaz, who lives next to the planned project, argued the building approval was invalid or unlawful, in part because the 53.9m design was more than double the recommended 22m maximum height for the site.
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In June 2019, SA Planning Minister, Stephan Knoll, made interim changes to the Adelaide City Council development plan which allowed “over-height” buildings in circumstances projects met benchmarks such as excellent design and sustainability measures.
In his ruling, Justice Greg Parker refused to quash the approval, dismissing all Mr Khabbaz’s grounds of appeal.
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Mr Maras is now able to proceed with the building of this project, which he once described as his “long-term legacy.”
The apartment tower is a partnership with developer James Arsenikakis.
Source: The Advertiser.