118m student accommodation tower on North Tce get go-ahead after nearby Adelaidean tower loses court action

The developer of a $60 million student tower on North Tce has been given the green light to start construction after the Supreme Court dismissed a challenge from owners of a neighbouring building.

The developer of a $60 million student tower on North Tce has been given the green light to start construction after the Supreme Court dismissed a challenge from owners of a neighbouring building.

The building group behind the planned 118m-tall tower, Global Student Accommodation Australia, claims the objection from Kyren Group was a “deliberate delaying tactic” because they have an interest in the student accommodation market.

Kyren, the developer of the 135m-tall Adelaidean hotel and apartment complex on Frome St, launched court action to block GSA Australia’s planned student accommodation tower — approved in April — arguing it was approved by the State Planning Commission without community consultation.

Kyren, who was joined in the legal action by oral and maxillofacial surgeon Dr Davor Hribar, whose North Tce practice is immediately west of the GSA site, wanted the development reclassified, which would have given opponents the right to have their say and to appeal its approval in court.

The GSA project, involving the demolition of the 1950s First Church of Christ Scientist building, would partially obscure northern views from Kyren’s $100 million Adelaidean building.

An artist impression of the two planned towers on North Tce — the Global Student Accommodation proposal on corner of North Tce and Frome Rd, with the Adelaidean project next door.

Environment Resources and Development Court Judge Susanne Cole had rejected Kyren’s challenge, saying the student tower had been properly classified as a Category 1 development and did not require public notification.

Kyren’s appeal attempt was refused by Judge Cole and they then filed a notice of appeal to the Full Court of the Supreme Court.

However court documents reveal that Kyren’s solicitor George Manos lodged their appeal a day later than it should have.

GSA sought to tender a commercial competitive interest notice of disclosure, which it said showed that an entity associated with Kyren “has an interest in construction of a building in Adelaide for student accommodation”.

“GSA contended that this was relevant because it is possible that the appellants deliberately delayed filing a notice of appeal until the end of the 21 day period for the ulterior purpose of delaying GSA’s development,” court documents state.

The Full Court rejected GSA’s claim, saying “if such an allegation is to be made, it must be put in cross-examination”.

Judicial members of the Supreme Court, Justice Ann Vanstone, Justice Malcolm Blue and Justice Greg Parker said while they would allow an extension of time for the challenge they would ultimately dismiss it.