North Adelaide Le Cornu site appeal dismissed in ERD Court

It has taken more than 30 years but the North Adelaide Le Cornu site is finally going to be developed after a crucial legal hurdle was cleared.

Construction of the $250m redevelopment of the former Le Cornu site at North Adelaide has been given the all clear to start in April.

It follows a decision by the Environment, Resources and Development Court to dismiss a legal challenge by three residents – Jennifer Brenda Hunter, Peter Donald Turnbull and Richard David Levy – against planning approval granted for the project.

A joint venture between developers Commercial & General and Adelaide City Council, it involves the construction of three high-rise apartment towers above a three-storey podium with shops, cafes, bars, restaurants, fitness studios, consulting suites and commercial offices.

The podium also will feature an outdoor terrace accessible to the public.

88 O'Connell Street Architect renders (artist's impression) of the proposed development by Commercial & General at 88 O'Connell Street on the former Le Cornu site. Picture: Supplied

Judge Michael Durrant and Commissioner Jennifer Nolan ruled on Tuesday the appeal could not proceed because Mr Turnbull and Mr Levy had formally withdrawn from the challenge while Ms Hunter sold her house on Archer St last September. A three-day hearing scheduled to start on Monday was delayed while lawyers argued about whether Ms Hunter could still oppose the project.

Under planning laws, only property owners within 60m of the site on O’Connell St could formally object.

Judge Durrant and Commissioner Nolan found Ms Hunter no longer met this criteria, rendering her unable to continue challenging the approval for the project granted last year by the State Commission Assessment Panel.

Architect renders (artist's impression) of the proposed development at 88 O'Connell Street, North Adelaide. Picture: Supplied

Judge Durrant said the issue of Ms Hunter’s “standing” had to be decided before the challenge was heard. “What was in dispute was whether Ms Hunter was in a limited class of persons who could prosecute this action,” said Judge Durrant.

A residents’ group which raised funds for the legal challenge, Vital North Adelaide, said it was “clearly a very disappointing outcome”.

“Vital North Adelaide supported this challenge to the planning commission’s approval for this gargantuan development in an inner-suburban area,” said spokesman Robert Farnan.

Vital North Adelaide spokesman Robert Farnan outside the District Court building in Adelaide. Picture: NCA NewsWire / Brenton Edwards

“Over-scale development with limited opportunity for public participation is a citywide issue. We will continue to press for planning reform and a more appropriate development for O’Connell St.”

Commercial & General chief executive Trevor Cooke said the company was “naturally delighted this challenge has been thrown out”.

“We knew when we took this project on that it wouldn’t be easy, and that there would be a vocal minority who would try to stand in the way,” he said.

“However, we have been determined from the outset to ensure this transformational project is delivered for the future of North Adelaide and not held back by its past.”

Originally published as North Adelaide Le Cornu site appeal dismissed in ERD Court