Palm Beach development Ophira by 5Point Projects in Planning and Environment Court with locals

A war of the wealthy is brewing on the shores of Palm Beach, where a luxury apartment developer is under siege from locals, who have lodged almost 1000 objections and taken their fight to court. Read what happened

A war of the wealthy is brewing on the shores of Palm Beach, where a luxury apartment developer is under siege from locals, who have lodged almost 1000 objections and taken their fight to court.

Developer-builder 5 Point Projects is well under way on construction of the $60m beachfront Ophira, on ritzy Jefferson Lane at Palm Beach, with eight slabs poured and internal painting and fitouts already commenced.

The full-floor, three-bedroom apartments are priced from $6.95m each and were slated for completion in April this year, promising to be “a symbol of unparalleled beachfront elegance”.

But a powerful group of individuals, including a rival developer, has other ideas – lodging a Planning and Environment Court appeal against against a change to the development which would add two extra apartments.

The court action targets company 5Point Pro 1, as well as Gold Coast City Council, and is led by Southport company Heidelberg Business Park.

Heidelberg Business Park is directed by Melbourne lawyer Carlo Bernardi and Gold Coast businessman Michael Ferraro, owner of development and construction group NPD Property.

Others appealing the development include well-heeled property players Kim Kimeklis, Sebastien Vanderjagenburg and Graeme and Alexandra Molineux.

Funds manager and Commonwealth Bank non-executive director Kate Howitt is also an applicant in the case.

Artist impression of Ophira Palm Beach.

5Point Projects "Ophira" at Palm Beach is already under construction.

Court documents show the applicants are opposed to a “minor change” in the council approval which allowed the developer to add an extra storey to Ophira, raising its height from 29m to 36.8m; increasing its number of apartments by two and hiking the number of bedrooms from 33 to 41.

The opponents argue the new design was “of an excessive height”, was “not appropriate for the locality” and did not comply with the city plan.

The application also raised concerns over wind and traffic, saying the proposal had attracted 977 public submissions objecting to it and just three in support.

In its response, the council said the approval should not be set aside as the design was “not out of step with the anticipated skyline and urban form of Palm Beach”.

For its part, 5 Point argued the uplift in height was well below the allowable 50 per cent for the area, and that the new design reduced the building’s footprint.

A four-day hearing on the matter was scheduled earlier this month, with a decision yet to be published.

It’s not the first time 5 Point has tangled with Mr Ferraro’s Heidelberg company over the Ophira project – last year the builder was in a tussle over a tower crane at the site.

The mansion next door to Ophira is owned by Heidelberg Business Park – which bought it for $6m from federal opposition leader Peter Dutton in 2021.

Court documents lodged in that case said Mr Ferraro lived in the home two to three days a week and rented it out “from time to time”.

5Point Projects managing director Damian Dove.

5 Point’s other current projects include $80m Faro at Broadbeach; Sherpa Property’s project Perspective Albatross at Mermaid Beach; Palm Shores at Palm Beach and Amani at Main Beach, where a penthouse went under contract for $19m off the plan.

In Brisbane, current projects listed on its website include Jardinia at Yeronga; One Earle Lane Toowong; Newstead Park Residences Albion; Adagio West End; and 156 Oxlade New Farm.

5 Point sent shockwaves through the industry after it was slapped with an “immediate suspension” of its building licence over a weekend June 28 to July 2 last year.

Originally published as Palm Beach development Ophira by 5Point Projects in Planning and Environment Court with locals