Neil Jacobs joined to the Church Hill Tennis Courts Demolition Appeal in victory for residents
Residents opposing the immediate demolition of a historic park in Gawler to make way for double-storey housing development have learned its future in court.
Barossa, Clare & Gawler
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Residents opposing the demolition of a historic park with tennis courts in Gawler secured a considerable win in court on Tuesday.
Commissioner Rumsby of the Environment Resources and Development Court allowed a Gawler resident, Neil Jacobs to ‘join’ the Church Hill Tennis Courts Demolition Appeal.
The land at 41-43 Cowan St is owned by the Anglican Synod of Adelaide and subject to an offer to purchase depending on planning outcomes for the developer, Cameron and Cowan, who plan to develop housing on the land.
The court decision halted the almost immediate demolition of the 120-year-old park in Gawler’s Church Hill State Heritage area, as the matter must now be formally heard by the ERD Court if an agreement between parties can’t be made by February 21.
The ‘joinder’ is the same legal issue facing Glenelg residents in the Seawall Apartments matter.
Another resident Damien Moloney said if Mr Jacobs had not been allowed to join the appeal, the park and trees (including tennis courts) could have been demolished as early as Thursday.
“They’ve actually now lodged a separate application to demolish the park with the Town Of Gawler, so we might have to go through this whole process again,” Mr Moloney said.
Residents’ representative Stephanie Evans said the community is fighting to save its open space and recreation.
“We are horrified Heritage SA does not support the heritage and cultural values of Church Hill. The land is in the heart of the state heritage area and is one of the jewels in the crown of South Australia’s heritage,” Ms Evans said.
“The size and scale of development after demolition have been kept secret by the developer. New zoning allows residential development of two storeys and up to nine metres high in a State Heritage Area.
“It is outrageous protection of such areas has deteriorated to this extent. Outcomes are skewed in favour of developers every step of the way.
“This situation needs to be brought to the attention of the public before all Heritage areas in SA are affected to some degree.”
A representative for Cameron and Cowan, Justin Fairweather, said the land was privately held and the application does not involve any high-density development.
“Council would also confirm there is no high-density development proposed and any future development application would need to comply with the Planning, Development and Infrastructure Act 2016 and council requirements including heritage matters and therefore not be high density nor be allowed to compromise heritage,” Mr Fairweather said.