Judge gives green light to pool works in millionaire neighbours’ stoush

The neighbours of multimillionaire Steven Baxter have been given the green light to continue works on their dream Brisbane home after a judge lifted an interim enforcement order.

Kylie Preston leaves Brisbane Supreme Court. Picture: Dan Peled/NCA NewsWire

The neighbours of multimillionaire Steven Baxter have been given the green light to continue works on their dream Brisbane home after a judge lifted an interim enforcement order.

Psychologist and businesswoman Kylie Anne Preston detailed in an affidavit concerns that her relationship with all her new neighbours in their affluent Paddington street could be impacted by the dispute at the centre of a trial spanning more than three days. 

Mr Baxter, founder of digital signage company Mandoe Media, has taken Ms Preston and her husband Anthony Steven Preston to the Planning and Environment Court over their plans to transform their Paddington property.

Millionaire business owner Steven Baxter leaves Brisbane Supreme Court. Picture: Dane Peled/NCA NewsWire

Judge Nicole Kefford on Friday considered recent building and operational approvals for the Preston’s backyard works before lifting an interim enforcement order which suspended the works in April.

The court heard that despite recent approvals, Mr Baxter still had concerns with filling and plans for the property.

Drawings shown to the court depicted the Prestons’ plans for a retaining wall, pool and deck near the boundary of Mr Baxter’s Reading St home.

The Planning and Environment Court previously ordered the pool construction and retaining wall construction stop temporarily.

“The thing that (Mr Baxter) communicated to me was he would like a tiered back yard and he would like my back yard to look like his back yard,” Ms Preston said at the stand on Friday.

“He told me that morally I needed to consider that because he wouldn’t do that to his neighbour.”

Judge William Everson in April ordered the works to temporarily stop, saying they would result in significant structures being built well above the levels within original plans, and likely impact the amenity and aesthetics of surrounding properties.

Brisbane City Council this month approved the Prestons’ plans.

Ms Preston, founder of The Better Health Generation, said in an affidavit delays had caused her family considerable stress, and she was concerned about their relationship with all their new neighbours.

“Once the house is completed, I intend to move there and live with my husband and three children for a very long time,” Ms Preston said.

“For this reason, it is really important to us that we get along with our neighbours and are part of the community in which we reside.”

Kylie Preston leaves Brisbane Supreme Court. Picture: Dan Peled/NCA NewsWire

The Prestons will now be allowed to continue the works which concerned their neighbour after Judge Kefford on Friday found recent approvals amounted to a change in circumstances.

That could change again if Mr Baxter is successful in his application to the court which seeks declarations and enforcement orders relating to the yard.

Outside court, Mr Baxter said he didn’t understand how the council had approved “such a huge and imposing structure” and deemed it inconsequential.

The parties are expected to make their final submissions to Judge Kefford on Tuesday at 7.30am.