The Triffid files appeal in Planning Court against Panettiere Developments’ $1.5bn Newstead complex

The high-profile owners of a popular live music venue have lodged an appeal against a $1.5bn residential tower development near the heart of the Fortitude Valley.

An artist's impression of the 'Little Italy' project proposed for Newstead. Image supplied by Bureau Proberts.

A top construction company, whose owner owns an iconic music venue, has picked a legal fight with a developer of a proposed $1.5 billion residential and shopping precinct near the heart of the Valley.

J Hutchinson Pty Ltd and The Triffid Pty Ltd, have filed an appeal in the state’s Planning and Environment Court in a bid to block a company owned by property developer Joseph Panettiere from building three towers behind the Gasworks in what he has dubbed “Little Italy”.

The 1000-apartments, also named Oro (Italian for Gold) Newstead, were approved by the Brisbane City Council on October 30, according to their filing in court on Friday.

Brisbane music venue owner and chairman of Hutchinson Builders Scott Hutchinson. Picture: Lyndon Mechielsen

The Little Italy site sits on 7400 sqm at 75 Longland Street, and also runs along Kyabra St and Stratton St, next door to The Triffid at 7-9 Stratton St.

The Panettiere family made their fortune in concrete-pumping and retirement villages in Taigum and Carseldine and have built office buildings and villas in Chermside, north of Brisbane.

In their appeal, Hutchinson builders and the Triffid argue that the noise assessment done before the council approved the Little Italy project was “deficient” and once built the “future residents” will make noise complaints about The Triffid.

“The development does not ensure that bedrooms and living rooms are designed, located and constructed to protect occupants from amplified music noise being transmitted through a wall, floor or ceiling,” the appeal states.

Inside popular live music venue The Triffid. Picture: Lyndon Mechielsen

Scott Hutchinson is co-owner of The Triffid - an old commercial hangar - with Brisbane band Powderfinger’s John Collins.

No defence has been filed and no date has been set for hearing.

In March, Panettiere Developments lodged an application with Brisbane City Council for the 1000-apartment development to including three towers at about 30-storeys in height.

It would offer a mix of one, two and three bedroom apartments.

At the time Max Panettiere said he was looking for a joint venture partner to help deliver the project, which was estimated to cost $780 million to build and have an end value of $1.5 billion.

Brisbane City Council said the approval conditions for the building specifically stated that prospective tenants must be told about noise from the Special Entertainment Area including the Triffid.

Tenants also must be told they could not expect the same level of noise experienced in other suburbs and must be made aware of the conditions the development application set out for noise management.

Councillor Ryan Murphy said he had a simple message for people moving into the area: “If you don’t like live music don’t move in there.”

“The venue is protected through rules and conditions,” he said.

“We have to receive and process all complaints but I believe live music has a strong future (in Brisbane).”

However multiple live music venue owners across the city have battled complaints, often from just one person who moved into an area with a longstanding music venue.

The industry was left shocked when Fortitude Valley’s O’Skulligans had its license taken off it in February last year after complaints from one neighbour despite it being in the Valley Entertainment Area.

It’s Still A Secret in West End instructed staff to be silent when leaving for the night due to complaints from two people, one of whom lived there only part-time, while West End’s The Burrow has battled vexatious complaints.

The BUG weekly folk music space in New Farm Bowls Club has also had problems.

Originally published as The Triffid files appeal in Planning Court against Panettiere Developments’ $1.5bn Newstead complex