Neighbours, council court stoush over double house proposal on Dickson Terrace, Hamilton
The owners of a block of land on one of Brisbane’s most exclusive streets have gone to court seeking a green light for two huge new homes after a council knock-back and objections from well-known neighbours.
Police & Courts
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The owners of a block of land ripe for development on one of Brisbane’s most exclusive streets have gone to court in a bid to get the green light to build two massive trophy homes after council knocked them back and several wealthy neighbours submitted formal objections to the plans.
On Monday June 26, Carlo and Susan Lorenti, the owners of the land on Dickson Tce in Hamilton, filed an appeal in the Planning and Environment Court in a bid to overturn the Brisbane City Council’s May 30 decision to refuse their plans to reconfigure a lot and build two three-storey homes.
Their appeal states that the council’s reasons for refusing the development application are “unjustified”, and that the development “complies with all relevant assessment benchmarks”.
The council refused the application for several reasons including because the development is considered as too tall and will involve “substantial earthworks” which will require 500 cubic metres of excavation and in-fill at the site.
Council submits in its refusal that the development will also require “9.1m of retaining structures”, which has “potential to adversely impact the downstream property fronting Dickson Terrace” and may cause stormwater impacts.
Council’s refusal also alleges the proposed houses “present as large” and are visually bulky, with flat roofs with no pitch compared to nearby character homes with pitched roofs.
The land consists of an extremely steep sloping block with views over the river and toward the city, on a street mostly made up of very large multistorey trophy homes.
Dickson Tce is home to well-known residents including entertainment king Harvey Lister, top silk Tony Morris KC, celebrity jeweller Margot McKinney and hotelier Anthony Fargas, and Christopher Skase used to live at ‘Bromely’.
Skase’s palatial nine-bedroom estate is now owned by hotel magnate Steven Shoobridge.
Each of the two homes proposed by the Lorenti’s will sit on just 405sqm, and the rear home backs on to Annie St.
Mr and Mrs Lorenti, who live in Ascot, paid $2.9m for the site 11 years ago.
Eight homeowners from the street submitted formal objections to Brisbane City Council in a bid to block the development approval of the construction of two large homes on the block.
Rodney and Natalie Levien, who bought 14 – 16 Dixon Tce for $6m eight years ago, state in their objection submitted to council in October last year that the development “has presumably been lodged to maximise the economic returns … of the site” and that “the development shows little regard for the traditional development patterns or topography of the locality and well outside the reasonable expectations of the local residents”.
Mr and Mrs Levien state that if the development is approved it would set “an unwarranted precedent for future development” in the “character neighbourhood of Hamilton, allowing
unnecessary high and bulky detached house buildings, which do not appropriately respond to
the steep terrain”.
The Lorentis state in their appeal that their proposed development “is of a size and scale that minimises negative impacts” and that the building height is “predominantly two storeys in height having regard to the steep topography of the site”.
Neighbours Stephen and Jody Gosling, who have live in the tightly held street for eight years, submitted an objection to council in October last year, stating that they were worried about the “excessive building height” and lot layout.
“We would also have two houses crammed up against our boundary with pool filters butting up to the boundary and directly adjoining a bedroom which contravenes “quiet enjoyment”,” the couple state.
“If the development is approved we will use all appeal rights to vigorously oppose the development,” their letter states.
“There is no suitable area for mobile bin storage on collection day other than in front of one of the neighbouring properties. The proposed plans show the bins to be stored on the verge in front of 45 Annie St, which does not contain an easement to support this outcome,’ Mr and Mrs Gosling wrote.
“Council has never supported the storage of refuse bins in the verge of a neighbouring property without an easement.”
Hotelier Anthony Fargas who lives on Dickson Tce, wrote a submission to council arguing that the proposed houses are “oversized” which block sunlight and reduce privacy.
“We understand that house A has a proposed height of 12.06m above natural ground level and house B has a height of 15.15m above natural ground level,” Mr Fargas states in his objection.
“The proposed lots do not include an area for rubbish bin storage within the boundaries of the lots,” Mr Fargas states in his submission to council.
“The proposed plans show the bins to be stored on the verge in front of 43 Toorak Rd, there is no registered easement that allows this to occur,” Mr Fargas writes.
No defence has been filed by council and no date has been set to hear the case, which is in its early stages.