Environment Resources and Development Court to rule on Le Cornu site judicial review application
A legal challenge by North Adelaide residents against the $250m redevelopment of the former Le Cornu site is on the verge of collapsing for an unexpected reason.
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A North Adelaide resident challenging the $250m redevelopment of the former Le Cornu site sold her house late last year, a court has heard.
The Environment, Resources and Development Court has been asked to quash a bid to overturn planning approval granted for 88 O’Connell, a joint venture project between developer Commercial & General and Adelaide City Council.
Under planning laws, only property owners within 60m of the development site could lodge objections against the proposal to build three high-rise apartment towers above a three-storey podium with shops, cafes, restaurants, bars, fitness studios, consulting rooms and commercial offices.
A residents’ group opposed to the project enlisted three people – Jennifer Brenda Hunter, Peter Donald Turnbull and Richard David Levy – to head the legal challenge.
Of these, Mr Levy dropped out last year when a relative bought an apartment in the development while Mr Turnbull last week accepted an out-of-court financial settlement.
This left Ms Hunter, who the court heard sold her Archer St property last September.
Lawyers for C & G and the council yesterday said this made Ms Hunter “irrelevant” when it came to challenging planning approval for the project because she no longer lived near the development.
Brian Hayes, QC, said Ms Hunter’s application for a judicial review had to be dismissed because she no longer had a “relevant interest”.
“Interest must be owning or occupying the adjacent land,” he said. “It is as simple as that, just as night follows day.”
Judge Michael Durrant and Commissioner Jennifer Nolan reserved their decision until Tuesday morning.
Originally published as Environment Resources and Development Court to rule on Le Cornu site judicial review application
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