Holiday units fight

OPPONENTS of a block of luxury Battery Point holiday units have won the right to continue their battle to stop the development. After losing two appeals, opponents have successfully argued to have the case reopened in the Supreme Court.

THE battle against contemporary holiday units planned for the “gateway” to Battery Point is not yet over, with opponents winning a court reprieve to fight a new ground of appeal.

In October last year, Paul Tomaszewski and Rebecca Heath lost a court battle after claiming the visitor accommodation development at 2 Castray Esplanade would damage the suburb’s historical appeal.

While they agreed the existing building had no heritage value, the pair argued the site couldn’t be viewed in isolation as it sat at the opening to the historic precinct.

In February 2019, Hobart City Council indicated it would refuse the initial application on heritage grounds, but then later approved revised plans.

Twelve people lodged written objections.

Mr Tomaszewski and Ms Heath lost two appeals, arguing the developer’s revised plans were different enough to constitute a fresh application, lodged after planning scheme provisions had changed.

However, they have now won a bid to reopen their case in the Supreme Court of Tasmania.

In his published judgment, Chief Justice Alan Blow said the pair argued the Resource Management and Planning Appeal Tribunal had misunderstood that the council’s planning authority had validly given notice of the revised plans.

The judge said the public interest in maintaining the finality of litigation was a “powerful factor” that weighed against the reopening of a case.

But he said it wasn’t the appellants’ fault they hadn’t been given an opportunity to be heard on their argument, and that the proposed ground “appears to have merit”.

He said the point was a “narrow one” and that it was unlikely to result in a lengthy hearing.

“This is not a situation in which litigants are seeking to re-argue a point that has been decided against them,” Chief Justice Blow said. “If the appellants’ new contentions are correct, a development in accordance with the revised plans could be something that was prohibited by (planning scheme provisions).”

He also said it was “desirable that this litigation be brought to an end” as it had been “drawn out and expensive”, noting the development application was first lodged in June 2018.

The development itself features a modern design with brick veneer, dark zinc cladding and metal screens, and will extend 2.41m above its current height to a total building height of 13.11m.

A lift, four undercover parking spaces, two offices and a gym will also be constructed in addition to two three-bedroom, two-bathroom holiday units with deck areas.