Supreme Court refuses to quash approval for Theo Maras’ $27m Hutt Street apartment tower

Developer Theo Maras has cleared a hurdle in his bid to build a “legacy” CBD apartment tower in Adelaide’s East End.

Theo Maras' $27 million apartment project on the corner of Hutt St and Bartels Rd

Developer Theo Maras has cleared a hurdle in his bid to build a “legacy” CBD apartment tower after the Supreme Court dismissed an appeal by a high-profile neighbour to the project.

Food industry identity Ray Khabbaz, who co-founded Copperpot Dips and owns Australian Wholefoods, had sought a judicial review against the January 2020 approval of the 16-storey $27 million building on the corner of Hutt St and Bartels Tce.

Mr Khabbaz lives next to the planned project and argued the state commission assessment panel’s January 2020 approval was invalid or unlawful, in part because the 53.9m design was more than double the recommended 22m maximum height for the site.

He also argued former Planning Minister Stephan Knoll had erred in making interim changes to the Adelaide City Council development plan in June 2019 that allowed “over-height” buildings in circumstances projects met benchmarks such as excellent design and sustainability measures.

But in a ruling delivered on Thursday, Justice Greg Parker refused to quash the approval, dismissing all Mr Khabbaz grounds of appeal, opening the door to Mr Maras to build the project, which is a partnership with developer James Arsenikakis.

Property developer and Adelaide Central Market Authority chairman Theo Maras. Picture: Supplied

Mr Maras has previously described the project, which includes 38 apartments opposite Rymill Park, as his “legacy” to Adelaide’s East End.

The development would crown Mr Maras’s career, which started in the 1970s, and continue his commitment to reviving the city’s East End.

“The design, the quality and everything about this project is high quality,” Mr Maras previously told The Advertiser. “It is (my) long-term legacy.”

Mr Khabbaz and his wife had previously told SCAP in a submission that the “scale and intensity of the proposal is such that it will significantly impact upon and detrimentally alter the current high level of amenity that is enjoyed by them and their neighbours and which makes this part of the city a desirable location for developments such as that proposed”.

Mr Khabbaz declined to comment on the ruling. The Advertiser has sought comment from Mr Maras.