Battle of the Barossa in court: Future of $50m Oscar development hinges on legal arguments over planning laws

A bitter legal fight over approval for a $50m Barossa Valley tourist tower hinges on laws that were changed just three days after plans were lodged.

Changes to state planning laws around the time the controversial $50 million Oscar development in the Barossa Valley was lodged with the Light Regional Council support the decision to classify the proposed hotel as a category two project rather than the tougher category three, a court has heard.

The 50m-tall Oscar proposal – known as ‘the Slug’ by some in the Barossa – is planned for the vineyards at the Seppeltsfield winery but has attracted criticism locally as being out-of-step with the character of the local area.

In day one of a hearing Thursday in the Environment Resources Court, Light Council lawyer Nicholas Manetta said there was “nothing to take this out of category two’’.

An artist impression of the proposed Oscar hotel at Seppeltsfield. Supplied

A development application was submitted to the Light council on April 6 last year by Intro Architecture. On April 9, new regulations came into force under then-state planning minister and Barossa MP Stephan Knoll, which made it easier for tourism accommodation to be built in regional areas if they were valued at more than $3 million.

However, Intro Architecture did not pay lodgement fees on its application until after April 9.

“This clause has come in just very recently,’’ Dr Manetta said. “It has to be applied to this development because lodgement fees were paid after it came into force.’’

Mr Knoll told The Advertiser he was unaware of the Oscar development application lodgement when the regulations were changed.

Proposed design of Oscar hotel at Seppeltsfield. Supplied

The new regulation meant projects previously classified as category three defaulted to category two. A category two development means only immediate neighbours can lodge an objection and have 14 days to do so and no appeal rights.

A category three would mean anyone, anywhere in the state, could object and appeal rights are preserved.

Four immediate neighbours are attempting to have the development changed to category three in the ERD.

The state heritage register includes a variety of buildings at Seppeltsfield, including the 1890 winery, bond store, mausoleum and palm trees.

However, Intro Architects lawyer Stuart Henry said the vineyards were not considered to be heritage.

“This proposal is in the vineyard and not the winery,’’ Mr Henry said. “The main building is in the vineyard and not in the winery.

Seppeltsfield owner Warren Randall has previously said the Oscar, whose investors include well-known hotelier Peter Hurley and former Adelaide captain Mark Ricciuto, could be moved out of the Barossa if the court case was lost or if local residents were against the plan.

“If the Barossa says ‘no’ to the Oscar, I will simply take it to another wine district and the Barossa will miss out,’’ Mr Randall said.

The hearing continues.