The Urban Developer
AdvertiseEventsWebinarsUrbanity
Industry Excellence
Urban Leader
Sign In
Membership
Latest
Menu
Location
Sector
Category
Content
Type
Newsletters
Urban Leader Awards Logos RGB White
NOMINATIONS CLOSE SEPTEMBER 12 RECOGNISING THE INDIVIDUALS BEHIND THE PROJECTS
NOMINATIONS CLOSING SEPTEMBER 12 URBAN LEADER AWARDS
LEARN MOREDETAILS
TheUrbanDeveloper
Follow
About
About Us
Membership
Awards
Events
Webinars
Listings
Resources
Terms & Conditions
Commenting Policy
Privacy Policy
Republishing Guidelines
Editorial Charter
Complaints Handling Policy
Contact
General Enquiries
Advertise
Contribution Enquiry
Project Submission
Membership Enquiry
Newsletter
Stay up to date and with the latest news, projects, deals and features.
Subscribe
ADVERTISEMENT
SHARE
print
Print
OtherStaff WriterMon 30 May 16

Week One: Controversial Cbus Tower Court Hearing Begins

C

Monday marked the first day of the court battle between Cbus Property and The University of Queensland, where the Brisbane City Council was wrong to approve Cbus' controversial $375 million high-rise building at 443 Queen Street in the CBD without it triggering a major planning review, the court heard according to The Australian Financial Review. 

The proposed high-rise adjoins Heritage listed Customs House of which The University of Queensland is proprietor. In court it was claimed Brisbane City Council's key error was to rush through the development application just before Christmas 2015.

Among concerns, the court is also looking into how Cbus was allowed to transfer approval to develop next to a heritage site from the historic National Australia Bank building in the CBD to Customs House.

University of Queensland's lawyer Roger Traves, QC, said the decision by the Brisbane City Council's planning officer to approve the transferable site area from the NAB building to the Cbus project more than doubled the size of the gross floor area, from 20,000 square metres to 44,000 square metres.

"The Brisbane City Council failed to give genuine and proper consideration to this," Mr Traves said to The AFR. 

"We want this approval. UQ says it's legally tainted, we say it's not," Mr Gore said, according to The AFR. 

"There is no height limit to the site."


The case in the Planning and Environment Court is being closely monitored by some of Brisbane's leading firms including BHP Billiton, PwC and Allens lawyers, because Cbus Property's proposed 47-storey apartment building at 443 Queen Street would block highly sought-after river views from some offices, according to The Australian Financial Review. 

Law firm Allens is battling Cbus property as the new building will block the law firms' river views from their new office.

Allens partner Geoff Rankin sent a two-page letter to the chief executive of the Brisbane City Council questioning whether the development application was valid, according to The AFR. 

Mr Rankin said that Cbus Property's development application was not code assessable, which is a form of planning enabling a quicker development approval process.

The tower stands 2.6 metres from the boundary of Customs House.

UQ Vice-Chancellor and President Professor Peter Høj said the development would completely overshadow Customs House and appeared to ride roughshod over the City Centre Neighbourhood Plan.

He said the University was not opposed to development, but believed it should preserve the historically and aesthetically significant setting of Customs House as a key requirement of BCC’s City Centre Neighbourhood Plan.

UQ is basing its legal challenge on the provisions of the City Plan 2014, which states that developments at the site at 443 Queen Street require a 25-metre setback to protect Customs House’s heritage value.

“We are acting to protect the historic Customs House building for all Queenslanders, now and in the future,” Professor Høj said.

Also in a letter to Brisbane Lord Mayor Graham Quirk, Queensland Heritage Council Chair Professor Peter Coaldrake said that the 47-storey tower would compromise the dignity of Customs House, describing the tower as “out of scale and too close to Customs House”.

“Particular concern is being expressed to the effect that the provisions of the City Centre Neighbourhood Plan may have been set aside to the disadvantage of the Customs House,” he said.

Customs House dates back to 1849 when it was built to collect customs duty. The University of Queensland launched court action against Brisbane City Council in January 2016 over its approval of the 47-storey apartment tower.

Cbus Property – the property arm of industry superannuation fund Cbus, which represents the building and construction industry – is also nearing completion of the state government's new $650 million executive building at 1 William Street.

Summary of The Neighbourhood Plan Code

7.2.3.7.1 Application
(1) This code applies to assessing a material change of use, reconfiguring a lot, operational work or building work in the City Centre neighbourhood plan area if:
(a) self-assessable or assessable development where this code is an applicable code identified in the assessment criteria column of a table of assessment for a neighbourhood plan (

section 5.9); or

(b) impact assessable development.

7.2.3.7 Brisbane City Centre Neighbourhood Plan Code (Source: Brisbane City Council)

(5) Customs House precinct (City Centre neighbourhood plan/NPP-002) overall outcomes are:
(a) The most important building in the precinct is Customs House, representing a remnant of Brisbane's historic relationship with the river and Queen Street.


(b) Views of Customs House are preserved and reinstated from both the river and from Queen Street, despite more recent buildings restricting those views.


(c) Other places that contribute to the streetscape on the western side of Queen Street include the former ‘Queensland Country Life’ building facade at 424–426 Queen Street and the RACQ building at 470 Queen Street.


(d) Given the extent of historic streetscape along this section of Queen Street, an opportunity exists to complete the streetscape at podium level by filling in the recess at 444 Queen Street.


(e) The Petrie Bight retaining wall including the iron balustrade is a significant part of the former maritime use of the site; it must not be further hidden, reduced or breached.


(f) The potential to improve views to the river and Story Bridge also exists in the precinct.


(g) The setting of Customs House is highly significant.


(h) Redevelopment adjacent to Customs House must not prejudice the picturesque quality of this setting.


(i) Any further development of Customs House or sites adjoining or in close proximity must improve views associated with Customs House and views between Queen Street, the river and the Story Bridge.

Customs House Precinct Terms: 

Customs House terms. Source: BCC[/caption]


UQ Condemned in Court For 'Mass Email' 

The University of Queensland was condemned in court by a District Court judge in March who accused it of trying to influence judiciary with an “inappropriate” mass email about a CBD development, which was sent from the email addresses of Vice Chancellor, President Professor Peter Høj and Acting Chancellor Dr Jane Wilson, according to The Courier-Mail.



Planning and Environment Court Judge Michael Rackemann "rejected" written apologies from The University of Queensland that he said failed to explain why an email condemning a proposal before the court was “accidentally” sent to Supreme and District Court judges.
UQ graduate Judge Rackemann said he received a “call to arms” email from UQ condemning the plans, which was sent to at least 20 other District and Supreme Court judges and ­associates as an open letter to alumni.


About Cbus
Cbus Property is a unique property investor and developer with the company’s core business a reflection of Cbus’ philosophical commitment to investing in the Property and Construction Industry, which employs its members.


Current Brisbane projects include 1 William Street, an office tower, comprising of a 43 level A Grade commercial building with premium services, providing approximately 75,000sqm (NLA), including 1,100sqm of retail and 318 car spaces. It is the new home of the Queensland Government and public service.

About The University of Queensland

The University of Queensland (UQ) is one of Australia’s leading research and teaching institutions. UQ strives for excellence through the creation, preservation, transfer and application of knowledge. For more than a century, UQ has educated and worked with outstanding people to deliver knowledge leadership for a better world.

View The Urban Developer's original article here:

https://www.theurbandeveloper.com/uq-court-bid-stop-planned-customs-house/


OtherRetailOfficeAustraliaBrisbaneConstructionPlanningPolicyLegalPlanningPolicy
AUTHOR
Staff Writer
"TheUrbanDeveloper.com is committed to delivering the latest news, reviews, opinions and insights into the best of urban development from Australia and around the world. "
More articles by this author
ADVERTISEMENT
TOP STORIES
Stockland bumps up its apartment pipeline in melbourne and sydney
Exclusive

Stockland Re-Enters Density in $5bn Apartment Play

Renee McKeown
4 Min
Woolloongabba Precinct Vulture St
Exclusive

Brisbane Developer in Cross River Rail Compensation Tussle

Clare Burnett
4 Min
The Mondrian Gold Coast hotel's food and beverage is driving profits
Exclusive

Touch, Taste, Theatre: What’s Driving Mondrian’s Success

Renee McKeown
6 Min
Fortis’ display suites are designed as brand environments first, with tactile details and curated design to build buyer confidence before project specifics.
Exclusive

Relevant or Redundant: Will Tech Kill Display Suites?

Vanessa Croll
7 Min
Exclusive

Missing Heart: Why The Gold Coast Needs a CBD

Phil Bartsch
7 Min
View All >
JQZ Parramatta EDM
Residential

JQZ Plots 10-Storey Addition to Parramatta ‘Auto Alley’ Plans

Clare Burnett
Aerial view of Caboolture and Bruce highway to Brisbane with Bribie Island Road crossing, Queensland, Australia
Policy

Queensland’s $2bn Push Opens New Housing Front

Vanessa Croll
The Adelaide purpose built student accommodation market is about to increase by 1058 beds with the State Commission Assessment Panel supporting two towers in the making.
Student Housing

Highrise Approvals Add 1000-Plus PBSA Beds in Adelaide

Renee McKeown
The two towers, of 35 and 34 storeys, help cement the SA capital’s growing status as the best place in Australia for the…
LATEST
JQZ Parramatta EDM
Residential

JQZ Plots 10-Storey Addition to Parramatta ‘Auto Alley’ Plans

Clare Burnett
3 Min
Aerial view of Caboolture and Bruce highway to Brisbane with Bribie Island Road crossing, Queensland, Australia
Policy

Queensland’s $2bn Push Opens New Housing Front

Vanessa Croll
2 Min
The Adelaide purpose built student accommodation market is about to increase by 1058 beds with the State Commission Assessment Panel supporting two towers in the making.
Student Housing

Highrise Approvals Add 1000-Plus PBSA Beds in Adelaide

Renee McKeown
3 Min
Stockland bumps up its apartment pipeline in melbourne and sydney
Exclusive

Stockland Re-Enters Density in $5bn Apartment Play

Renee McKeown
4 Min
View All >
ADVERTISEMENT
Article originally posted at: https://www.theurbandeveloper.com/articles/week-one-cbus-tower-court-battle-begins