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Court battle looms over Hamilton development after historical Evesham home’s body corporate withholds easement consent

Developers of two almost-complete luxury Hamilton villas are about to charge into their second court case in just 18 months.

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Two almost-complete luxury Hamilton villas with spectacular views of the Brisbane River are about to charge into their second court case in 18 months.

The latest legal battle comes after a block of Spanish-style flats moved to block access to an easement.

Main Ave Windsor Pty Ltd has subdivided and almost finished building the four-storey mini-mansions at 5 Quarry Street, Hamilton.

Floorplans show the two homes are furnished with infinity edge pools, rooftop terraces, firepits and built-in wine displays.

The plans, proposed in March 2019, were initially rejected by Brisbane City Council over concerns about subdivision of the block, but this decision was overturned by a judge in January this year.

The easement (bottom left) allows access to the now-subdivided property. Picture: PD Online
The easement (bottom left) allows access to the now-subdivided property. Picture: PD Online

Construction started in earnest, however a second case has now been filed by the property’s owner Main Ave Windsor Pty Ltd, after a neighbouring building moved to block use of an easement.

The historical Evesham flats at 7 Quarry Street, built by architect Mervyn Rance and described as “big Spanish mission type of architecture” by a 1935 newsclipping, apparently did not approve of use of the easement as a driveway for the two new villas.

Renders of the two luxurious villas. Picture: Chris Clout Design/PD Online
Renders of the two luxurious villas. Picture: Chris Clout Design/PD Online

“On or about 7 September 2020, the Applicant received notice from the Respondent that it did not consent to the building works the subject of the Building DA,” the appeal court documents said.

“The Applicant has undertaken negotiations with the Respondent in relation to obtaining its consent to the Building DA, but those negotiations have been unsuccessful, and the Respondent continues to withhold consent.”

Court documents filed on behalf of Main Ave, Windsor, claimed construction of the two homes was almost complete.

“The Land is ... subject to an easement in favour of (Evesham’s body corporate),” the letter said.

Documents in the earlier Brisbane City Council application also show letters from the Stamp Duties office, dated 12 August 1935, giving the then-owner of Evesham “dominant tenement” over the easement.

Lawyers for Evesham’s body corporate are yet to file their response and Main Ave Windsor declined to comment.

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Original URL: https://www.couriermail.com.au/news/queensland/court-battle-looms-over-hamilton-development-after-historical-evesham-homes-body-corporate-withholds-easement-consent/news-story/32fa0ce6c80f3b65cd25629736666457