Commercial & General lodge new plans for former Le Cornu site amid legal challenge against $250m towers

Developers of the $250m apartment towers on North Adelaide’s most notoriously vacant block of land have lodged new plans in the wake of a legal challenge.

Developers of the contentious $250m former Le Cornu site at North Adelaide have lodged fresh plans in a bid to protect the project from a legal threat.

Commercial & General has filed a replica planning apartment and retail tower application for 88 O’Connell St, five months after the state’s planning authority approved an initial plan for a 15-storey tower flanked by twin 13-storey buildings.

A group of North Adelaide residents want the Environment Resources and Development Court to quash the approval, claiming the design exceeds an eight-storey height limit supported by the public and is inconsistent with the heritage conservation zone.

The matter is scheduled for a two-day hearing in January.

Commercial & General chief executive Trevor Cooke said the new application, lodged under new planning and design code introduced in March, was identical to the existing application under the previous planning system.

The duplicate plans are intended to “mitigate risk” fron the legal challenge.

“This second approval is the belts and braces,” he said.

“No litigation has ever been with zero risk … to secure a planning approval under the planning and design code is prudent for us to do in the circumstances.

“We ultimately do not control the outcome of the court process and we want to maintain the momentum we have in the market and community in starting this project in June.”

Developer Commercial & General has lodged second replica plans for its 88 O’Connell St joint venture with Adelaide City Council at North Adelaide. Picture: Woods Bagot

The 88 O’Connell St project as viewed from O’Connell St. Picture: Woods Bagot

He said a court decision may not be known until April.

He said his company was confident in winning the court challenge but securing a second approval would give “rock-solid confidence” to project partners, the community and buyers.

“It is our expectation that SCAP (State Commission Assessment Panel) will make the same decision as last time,” he said. He acknowledged that opponents could also appeal a second approval.

A brief description of the new proposal on the Plan SA government website describes the project as having an extra level on each tower.

Commercial & General project director Tony Perrin said that included lift shafts and that the height of the buildings and the 160 apartments would be the same as the approved design.

Adelaide City councillors Phil Martin, Anne Moran and Keiran Snape wrote to the council’s chief executive Clare Mockler on November 8 requesting a November 16 special meeting citing concerns elected members had not been told about the new plans.

Adelaide City Council’s director of city shaping, Tom McCredy, said they were waiting for the full information to be provided.

“As this process is being led by C&G, we have needed to wait for all of the relevant information to be provided to allow Councillors to be fully briefed,” he said.

Artist's impression of Commercial & General plan for 88 O’Connell St, North Adelaide. Picture: Woods Bagot

Inside one of the proposed 160 apartments in the 88 O’Connell St project. Picture: Commercial & General

Cr Martin told The Advertiser it was “extraordinary” a new application had been lodged without discussion with elected members.

“More particularly, from my perspective, is what implications could it have for the contract (between the council and developer),” he said.

The council paid $35m for the former Le Cornu site and is a joint venture partner in the high-rise plan.

Mr Cooke said council administration were aware of the second submission. He said 40 per cent of apartments have sold or pre-sold.

The company expected the new plans would go out to public consultation within a fortnight and be considered by SCAP before Christmas.

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