Adelaidean tower developer Theo Samaras in legal action against proposed neighbouring student tower

THE developer of what will be Adelaide’s tallest building has launched court action involving a neighbouring student tower.

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THE developer of what will be Adelaide’s tallest building has launched court action claiming the public should have a say on the design of a neighbouring student tower.

Theo Samaras, who is building the 135m-tall Adelaidean hotel and apartment complex on Frome Street, claims the state’s planning authority erred in classifying a proposed 118m-tall student building on the corner of North Tce and Frome St a Category 1 development, preventing public comment on the plans.

Mr Samaras, in an application lodged with the Environment Resources and Development Court, wants an order forcing Global Student Accommodation Australia to resubmit its project as a Category 3 development — triggering the highest level of community consultation and giving opponents the right to appeal any approval.

The court application was lodged on April 9, three days before the State Commission Assessment Panel approved the $60 million tower, which would partially obscure northern views from the Adelaidean once built.

An artist impression of the Global Student Accommodation building, right, next to the Adelaidean apartment and hotel tower.

Mr Samaras — whose Adelaidean development is under development and was classified a Category 1 when approved in December 2016 — is joined in the legal action by oral and maxillofacial surgeon Dr Davor Hribar whose practice occupies 264 North Tce, to the immediate west of the proposed GSA Australia building.

In the application Botten Levinson’s George Manos states Mr Samaras became aware of SCAP’s decision to classify the project as Category 1 “on or about” March 2 upon reading the commission’s agenda item relating to the GSA Australia application.

In an outline of the grounds for a review Mr Manos said his clients did not “take issue with the description of the proposed development”.

However they argued that the Adelaide City Council’s development plan did not assign the proposed development as a Category 1 or 2 development.

Developer Theo Samaras at the launch of the Adelaidean tower in April 2017, which will be Adelaide’s tallest building once completed. Picture: AAP / Brenton Edwards

“Further, the proposed development could not be regarded as involving a development that is ‘of a minor nature only’ and/or nor could it be regarded as being ‘unlikely to be the subject of reasonable objection from the owners or occupiers of land’, the application states.

“Accordingly it could not be treated as a Category 1 development.”

GSA’s lawyer James Hilditch told a directions hearing last Thursday that his client had received planning consent for the development and that they were now “prejudiced by the uncertainty these proceedings bring”.

“So my client just wants to get on with it,” he told Judge Susanne Cole, who listed the matter for a hearing on June 21.

Mr Hilditch declined to comment on the matter when contacted stating he had not been instructed by his clients to speak to the media.

GSA Australia head of real estate John Whittle and Mr Samaras declined to comment.

The GSA Australia building will require the demolition of the existing Church of Science Building, which was the subject of a failed heritage-listing bid in June 2016.

Mr Samaras has refused to say if he had sought the heritage listing.