Brisbane City Council’s ‘City Plan 2014’ (and its earlier versions) has a serious focus on preserving all buildings with ‘traditional building character’, with particular focus on dwellings that were built pre-1947 and almost strict protection against demolition or even renovation of dwellings that were built pre-1911.
Apart from the general constraint against demolition and external renovation of those two classes of dwellings, a property owner will face even higher hurdles for approval of demolition or external renovation if the dwelling is within City Plan’s ‘traditional building character overlay’ (a mapping over the whole of the Brisbane Council area).
In the traditional building character overlay, the street context of buildings needs to considered for the overlay to have utility. The recent Planning and Environment Court decision in Hawke v Brisbane City Council  QPEC 16 considered this issue in detail.
The Court upheld an appeal against Council’s refusal of a “Code Assessable” development application seeking demolition of a pre-1947 house at 478 Flinders Parade, Brighton. The Court approved demolition on the grounds that wide-spread redevelopment of the street had sufficiently depleted the traditional building character of the street.
Applying Judge Robin’s decision in Lynch vs Brisbane City Council, Judge Jones held that the traditional character of the street, not just the house the subject of the development application, must form part of the assessment.
“While it cannot be said in absolute terms …that the street has no traditional character… its character is now one of a modern nature. To put it another way, it no longer has sufficient character “to be reasonably described as having traditional character”,” Judge Jones wrote in the judgment.
The decision is a further example of the assessment manager’s discretion inherent in the Planning Act 2016, and confirmation that non-compliance with a relevant ‘assessment benchmark’ in the planning instruments and controls in both Impact and Code Assessable development need not be determinative of the development proposal.
McCarthy Durie Lawyers has an experienced, highly respected team specialising in planning and development law, with particular expertise in land development, compensation and planning appeal disputes. We have successfully pursued development proposals for renovation and even demolition of pre-1947 and even pre-1911 dwellings.
With more than 30 years’ experience in successfully pursuing or defending our clients’ rights in both the Planning and Environment Court and Land Court jurisdictions, McCarthy Durie’s expertise is second to none.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Article Source: www.mondaq.com
$130 million Wynnum CBD apartment development proposed
The Brisbane-based property developer, HamBros, led by local developer Justin Ham, has lodged plans for a 27-level mixed-use development in the heart of Wynnum.
Ora, which will spread across a 7,278 sqm site at 74 Charlotte Street and 89 Bay Terrace, will be built behind the existing Wynnum Shopping Centre.
Ora, meaning ‘edge’ in Latin, has been designed by Ivory Collective and will comprise 275 apartments, with the amalgamation also planned to be home to retail space, as well as two-levels of commercial space.
“Ora is a development that intertwines the beautiful bayside environment of Wynnum with the ease and luxury of unit living,” architecture firm Ivory Collective noted in their design statement in the development application.
There will be 275 apartments in the development, made up of 54 one-bedroom, 148 two-bedroom and 67 three-bedroom apartments, along with six three-bed plus multi-purpose-room penthouses.
Ora’s floor plate is designed to orientate and capture as much of the East as possible, allowing for maximum exposure to the easterly breezes and bay views.
A full recreation level is planned for level five, with a 528 sqm restaurant and bar, set around an expansive pool terrace as well as a wet deck, space, sauna and steam rooms, private cabanas, a cinema, barbecues, meeting rooms, wine rooms and function spaces.
“The recreational level on Level 5 creates a space for both the public and residents alike to enjoy the beautiful bay views and surroundings,” the statement added.
Drawing inspiration from the Wynnum foreshore in both its material and palette and building form, Ora is made up of clean off-white concrete and bronzed feature cladding and batten, reflecting the warmth and clarity of the Wynnum/Manly beach front, Ivory Collective noted.
Barwon secures Princess Alexandra Hospital car park
Barwon Investment Partners has snapped up a multi-level car park and medical centre on a site with significant development upside opposite Princess Alexandra Hospital.
The Woolloongabba asset at 250 Ipswich Road is setting the healthcare focused fund manager back around $95 million, reflecting a circa four per cent net passing yield.
The property contains an eight level, 773-bay garage attached to a two floor wellness centre with 21 tenancies, anchored to Gabba Dermatology, Brisbane Cardiology and Allied Health; the Weighted Average Lease Expiry is nearly seven years.
A pedestrian overpass connects the building to the Princess Alexandra Hospital, also a major teaching campus, employing 6810.
The 5106 sqm block has significant upside – up to 15 storeys based on its zoning, according to JLL’s Seb Turnbull, Elliott O’Shea and Simon Quinn, who marketed the asset with a Blight Rayner scheme.
BIP invests again
Established in 2006, BIP holds a property portfolio worth $2.3 billion.
Its medical related product, much held in a Healthcare Property fund, is priced at about $1.4b as at March, 2022.
Seven months ago, for the trust, the manager paid Forza Capital $34.7m for a South Brisbane medical centre – not far from 250 Ipswich Rd – and two Canberra assets including Belconnen’s Ginninderra Medical & Dental Centre on nearly a hectare.
Also late last year BIP spent $75m for a 12 level St Kilda Rd office majority leased to Alfred Health.
More to come.
Article source: www.realestatesource.com.au
Brisbane’s Office Market Greenlit for Business
Brisbane’s office market continues to shake off the pandemic doldrums with two new commercial towers approved in the CBD and fringe suburbs.
Property owner PGIM and development partner Indema’s plan for a bold adaptive reuse of a 1970s commercial building at 444 Queen Street has won approval.
The bronze 22-storey tower opposite Customs House will be stripped back to its core structure and completely remodelled with a new podium, curtain wall facade and an additional two-storey sculptural canopy.
Indema director Michael Bruderlin said they would be targeting a net zero certification for the building upon completion in the first quarter of 2024.
Article source: www.theurbandeveloper.com
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